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Ordinance No. 99-23 , CITY OF TIGARD,OREGON ORDINANCE NO.99- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99- 00003-BOYLE ANNEXATION AND WITHDRAWING PROPERTY FROM THE APPLICABLE SERVICE DISTRICTS. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed;and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Control District would,by authorization of ORS 222.120(5)and 222.510 be withdrawn from those districts upon completion of the annexation;and WHEREAS,the City of Tigard is authorized by ORS 222.120(5)and 222.520 to withdraw properties from a water district annexed into the City,and WHEREAS,the Tigard City Council held a public hearing on August 24, 1999 to consider the annexation of a parcel of land consisting of 1.32 acres and withdrawal of said property from the Tigard Water District and applicable service districts;and WHEREAS,Pursuant to ORS 222.520(2)the City is liable to the Water District for certain debt obligations,however,in this instance the Water District has no debt for the City to assume, therefore,no option regarding the assumption of debt needs to made; and WHEREAS,pursuant to ORS 222.120 and 222.524,notice was given and the City held a public hearing on the issue of the annexation arta the City and withdrawal of the annexed property from the Tigard Water District and applicable service districts on August 24, 1999 and WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District by Ordinance;and WHEREAS,the Tigard Development Code states that upon annexation,the zone is automatically changed to the City zoning most closely conforming to the County zoning;and WHEREAS,the equivalent zoning district to the Washington County R-6 is City of Tigard R-7;and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS,the City Cuuricii bas care:..ly considered the testin?ony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District and applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in Exhibit"A"and shown in Exhibit"B"and withdraws said parcel from the Tigard Water District and applicable service districts. ORDINANCE NO.99-, _ i: itywide�ordiZCA99-030rd doc Page i e1 2 Julia P H 12-Aug-99 1':30 A-M SECTION 2: Upon annexation,the affected property shall be designated as follows: Current Comprehensive Plan Designation and Zoning Washington County R-6 Equivalent City ofTigardComprehensive Plan Designation and Zonin City of Tigard R-7 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,signature by the Mayor and posting by the City Recorder, SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District#1,Unified Sewer Agency and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465,the effective date of the withdrawal of this property from the Tigard Water District shall be July 1,2000. SECTION 6: In accordance with URS 222.180,the annexation shall be effective upon filing with the Secretary of State. ASSED: By �� vote of 11 Council me bers present after being read by number and title only, this -- day of 1999. C ne Wheatley,City Record APPROVED: By Tigard City Council this;24 day of 1999. J icoli,Mayor A roved as to f rm• �- vzz a,4 Date <44 ORDINANCE NO.99- Ozitywide\otd CA9-9•030rd doc Page 2 of 2 Julia P H 12-Aug-99 11:30 AM EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOTS 28 AND 29,HANDY ACRES,IN THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 4,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 28,HANDY ACRES, WHICH IS 20 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 320 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID LOT 28; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF 120 FEET; THENCE SOUTH 320 FEET MORE OR LESS TO THE SOUTH LINE OF LOT 28; THENCE EAST ALONG THE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 28; THENCE EAST ALONG THE SOUTH LINE OF LOT 29 HANDY ACRES 70 MORE OR LESS; THENCE N 000 42'48"EAST,PARALLEL WITH THE WEST LINE OF SAID LOT 29, 144.95 FEET; THENCE SOUTH 89°43' 36"WEST,PARALLEL WITH THE SOUTH LINE OF SAID LOT 29,64.63 FEET; THENCE NORTH 00'42'48"EAST, PARALLEL WITH THE WEST LINE 0 F LOT 29,495.95 FEET TO THE NORTH LINE OF LOT 29,5.00 FEET EAST OF THE NORTHEAST CORNER LOT 28; THENCE WEST,ALONG THE NORTH LINE OF LOTS 28 AND 29,25 FEET TO THE POINT OF BEGINNING. the Company assumes no liabili or variations, If any, in dimensions location ascertained Pay actual survey. TICOR TITLE INSURANCE EXHIBT` � • alo' 4500 4600 . 6 a 6500w 1 1300 12001141.3?'C 1100 24 4 5 / to, �' : w ^ 1400 .49.AC. .49 AC. .50 X M rr 600 6700 •d t30 q� 4200` 51 A0. 1--1 Iv j 1 LJ >_: H J 0 4400 4300 1 V 10 II 12 25« 26 N I • 3 „ aw W&u7r it • , 4A.0 NANo7 ACRit to �•,,,ZS S Gl1 FERN STREET o as.7o 1s os 1874 17 170' 170' In, .24001 ii•sd�rl- 7000 1900 2000 o•' ^ 2.100 02w,/5AC. 0 .35 AG/49 AC. /.37 AC. /.//AC. 40JAc. C 2 leo' M 661AC 1 �� w 2500 Z.Se AC. =1 170.06 27 29 2600 W v r W53 AC. 7100 w _ _ � 3 b^ t 74AC $ 60 I2300. 2200 !./B AC. ek I7041 /.32 AC.' I 31-J) ( 2700 .53 AC. 4 .a _ 170.01 I _.VV v ft.51 AC 5 _ L _ a -IY v J INITIAL X70' 210' o� r1* s'so' c Ito'1 �' 100' POINT N ryoa.�j so no SEE MAP -e 2S 14CA 'c.�1 BOR 34-1385-1999 Notice to Tying Districts a ORS 308.225 1) r. 0 IVDEPARTMENT Is ®SOF REVENUE Cartographic Unit 955 Center St. NE Salem, OR 97310 (503)945.8297,fax 945-8737 City of Tigard Description and Map Approved Finance Director September 8, 1999 13125 SW Hall Blvd As Per ORS 308.225 Tigard,OR 97223 X Description X Map received from:METRO On: 9/8/99 This is to notify you that your boundary change in Washington County for ANNEX TO THE CITY OF TIGARD&WITHDRAWAL FROM SEVERAL DIST. ORD. #99-23 (WA3299) has been: X Approved 9/8/99 ❑Disapproved Notes: Please correct typo in description. Second call'th West along the South line of said North 1/2 120'should be'...North 1/2 100'. Department of Revenue File Number: 34-1385-1999 Prepared by: Jennifer Dudley,503-945-8666 Boundary: X Change ❑Proposed Change The change is for: ❑Formation of a new district ®Annexation of a territory to a district X Withdrawal of a territory from a district Dissolution of a district El Transfer ❑Merge Taxing District copy-Copies to:County Assessor,Department of Revenue,County Commissioners or Cojnty Courtitioundary Commission(if appropriate)