Resolution No. 73-41N Qy
CITY OF TIOARD, ORS-509
RESOLUTION Xe. 73-_-'
A RESOLUTIOV RyQaESTI" THE °ORTLAnV-W---TAOPOLITAii I#OVHAAAI Cn'aMI98I014
',-0 ANNEX THE DERRY DULL, AREA TO THE CITY OF TIOARD.
vIRMAS, tht/certain lands, included within the bound-
aries deaeribed in the attached Exhibit 'A', by this reforenoe made
a part hereof and for ease o! identification hereinafter referred to
es the 'Derry Dell Area , are unlnoorporated territories, surrounded
by the eorperate limits of the City of Tigard, and
WIMMAS. with respeot to the Derry Doll Area the inllowing
physical, economic and social facts and attributes are applicable!
a. Said area is a part of the same natural 4ralnage basin
in which the City of Tigard is located Load the hoods
of the area for storm water 4rainaao, Sanitary aower
services must necessarily be considered a part of the
total plan for ouch publia services in the Tigard
community.
b. Said Area hoe the same visual, geographic, social and
economic attributes as If the Area were a part of the
incorporated areas of this City of Tigard and to a part
of the residential urban development with substantially
equal densities to the insorporated a"" of the City
of Tigard.
c. That no distinction geographically, socially or aconor-
ieally exists between the residents of the Perry Dell
Area and the incorporated areas of the City of Tigard
And the residents thereof have available to than all
the benefits or the city of Tigard %a the eama degree
as residents of the City, including but not limited
to the use of the public facilities of the City in-
eluding park*, library and streets, as well as the
costol and oeononle aspestis of the urbanised Tigard
area and the burdens upon the City naturally arlsing
from the enJoymant by the Darry Dell Area of the
benefits or being a part of the arbaniostion are
disproportionately east upon the residents of the City.
d. That oomprahvnsive planning. Zoning and land use pro-
grame of the city of Tip;".4 snot necessarily give equal
consideration to all island areas including the lands
in the Derry Dell Araa which must be eonsidared for
all planning purposes as part or the total somposito
urbanised arwa of the city of Tigard which oannat be
properly isolated therefrom.
A. That due to the .inte°rposltiotl of the' island' area of - Derry
Dell and the irmeularioy of the Curie boundaries
arising therefrom, planning, financing and carrying
uut of public isprovement programs few atreete sad
ether public ways, sewers and other public aervlees
cannot be efreetively eondmsted with reapest to the
island area as well as to the adjoining area to the
City on the basis of benefits oonferred and the im-
position of assessments to derraa the expenses thereof.
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That the people of the Derry Dell unincorporated S"IL
cannot be efficiently and effectively provided polies
services, read and street maintenance services, planning
services and receive the benefits of other public pro-
grams as a part of the unincorporated area of Waabington
County, by reason of geographic factors, but can only
attain such benefits effectively an a part of the city
of Tigard with a commensurate right to participate in
all aspects of City government including the right to
vote on City measures and the right to be heard with
"*peat to City programs.
g. Solely by reason of the current, impracticable, legal
divorcement between the residents of the Derry Dell
Area from the balance of the City of Tigard, a partic-
ipation in the state revenues allocable on a per capita
basis is denied the City of Tigard with respect to the
Derry Dell Area while casting, upon the residents of the
incorporated area the uncompensated burdens arising
from the physical fact that the Darcy Dell Area is
socially, eeonomloally and geographically already a
part of the City of Tigard.
WHEREAS, pursuant to ORS 222.750, where land or territory
not incorporated as a part of a city is surrounded by the corporate
limits of the city, such area may be properly annexed to the city
by order of the Portland Metropolitan Area Boundary Commission,
pursuant to ORS 199.490.
NOW, THEREFORE, BF. IT RESOLVED BY THE CITY OF TIQARD:
1. That in accordance with the foregoing the council finds
that the annexation of the area described on the attached Exhibit "A"
hereinabow designated the Derry Dell Area to the City of Tigard,
pursuant to Section 222.750 ORB is necessary and in the public
interest an4 will beat serve not only the people of the city of
Tigard but the residents and property owners of the said area as
well, and the Council, pursuant to ORS 199.490 hereby initiates
proceedings for annesatloa or said territory to the City.
2. That the boundaries of said Derry Dell Area now forming
an island within the incorporated limits of the city of Tigard, are
properly set forth on the attached Exhibit "A", by this reference
made a part hereof, and the Council hereby approves the proposed
annexation.
5. That the map hereto attached, marked Exhibit "B" and
by this reference made a part hereof, shows the location of the
Derry Dell Area end its relation to the incorporated areas of the
city of Tigard.
N. That the Portland Metropolitan Area Boundary Commission
be and it is hereby requested to conduct all proper and necessary
proceedings to aesompllsh the annexation of Raid territory to the
city of Tigard in asoordanee with the principal act Set forth in
Chapter 222 Oregon Revised Statutes and particularly Section 222.750
thereof with tine least possible delay pursuant to the procedures
met forth in Chapter 199 Oregon Revised Statutes.
Page 2
Revolution Ile.
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5. That the City Recorder is hereby authorised and directed
to file a certified copy of this resolution with the Portland Metro-
politan Area Boundary Commleftion not later than the third business
day after adoption of this resolution by the City Co -mail.
6. This resolution shall become effective immediately upon
pas*&" and approval.
APPROVED: This 2?-k _ day of 1 -i =h c r 1473.
ATTEST:
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mema,lubion As. 7I-
EXHIBIT "A"
That portion of land in Sections 2 and 3 and 10, Township 2 South, Range 1 West,
Willamette Meridian, County of Washington, State of Oregon, being more particularly
described as follows:
Beginning at the point of intersection of the North right-of-way boundary Line of
40 foot wide County Road No. 358 (S.W. Gaarde Street) with the East boundary line
of that tract of land conveyed to Tigard Assembly of God, Book 622, Page 210, Deed
Records of said County; thence North 00° 37' East, along the East line of the said
church tract a distance of 200.0 feet to the Northwest corner of that tract of land
conveyed to Bruce Kenneth Anderson at ux, Book 542, Page 221, Deed Records of said
County; thence East along the North line of the said Anderson tract a distance of
74 feet, more or less, to the Northeast corner thereof; thence North 440.0 feet,
along the West line of that tract of land conveyed to the First Baptist Church of
Tigard, Book 735, Page 737, Deed Records of said County, to the Northwest corner
thereof; thence East 115.4 feet, more or less, along the North line of the said
Baptist Church tract, to the Southwest corner of Lot 5, Block 4, Fairhaven Court,
a subdivision of record in said County; thence Northerly along the West boundary
of said Fairhaven Court, a distance of 698.44 feet to the Northwest corner of Lot
1, Block 3, Fairhaven Court; said corner of Lot 1, Block 3, of Fairhaven Court
being the Northwest corner of said subdivision; thence Easterly, along the North
boundary of said Fairhaven Court, a distance of 569.92 feet to a point of
intersection with the East boundary line of Mira Park, a subdivision of record in
said County; thence North 00° 33' 13" East, 386.94 feet, along the East Boundary
line of said Mira Park, to the most Easterly Northeast corner thereof; thence
continuing North 00° 33' 13" East, 220.00 feet to an iron pipe in the South right-
of-way boundary line of County Road No. 1320 (50 foot wide S.W. Park Street); thence
North 88° 36' 08" West, 330.43 feet, along the said boundary line of County Road
i No. 1320 and along an extension thereof, to a point of intersection with the
centerline of (50 foot wide) S.W. 110th Avenue; thence North OoO 38' 12" East,
20.0 feet to a point on the centerline of said County Road No. 1320; said point
being the point of intersection of the centerline of said County Road No. 1320 with
i the centerline of said S.W. 110th Avenue; thence North 00' 37' Ob" East, 154.P8
feet to the initial point of said Mira Park subdivision; said initial point o Mira
u
Park also being a point on the West boundary line of Derry D(L! Plat No. 2, a
subdivision of record in said County; thence continuing North 00°37' 06" East,
436.28 feet, along the West boundary line of said Derry Dell subdivision, to a
stone scribed #37 being the Westerly Southwest corner of the John L. Hicklin D.L.C.
No. 37; said corner of the John L. Hicklin D.L.C. No. 37 also being the Northwest
corner of said Derry Dell Plat No. 2; thence North 86° 12' 30" East, 838.48 feet,
along the North boundary line of Derry Dell Plat No. 2, to a point of intersection
with the West boundary line of Rose Terrace, a subdivision of record in said
County; thence North 00° 37' East, 487.90 feet to the Westerly most Northwest
corner of Lot 10, Rose Terrace; thence North 47° 31' East, 106.90 feet to the
most Northerly corner thereof; thence South 59° 15' East, 81.70 feet to the most
Northerly corner of Lot 4, Rose Terrace; thence Southerly 138,10 feet to the most
a Northerly corner of Lot 5, Rose Terrace; thence South 710 18',East. 178.16 feet
to the Northeast corner of Lot 5, Rose Terrace; thence Southeasterly 87 feet, more
or less, across County Road No. 1935 (S.W. Watkins Avenue - 50 foot wide) to the
most Northerly corner of Lot 2, Rose Terrace; thence South 71° 46' East, 254.89
feet to the most Easterly corner of Lot 2, Rose Terrace; thence South 40° 23' West
176.0 feet to the Southeast corner of Lot 1, Rose Terrace; said Southeast corner
also being the quarter corner between said Sections 2 and 3; thence South 00° 02' West,
r
398.0 feet to the Southwest corner of Lot 32 of North Tigardville Additioni a
subdivision of record in said County; thence South 89° 40' East 398.7 feet to the
Southeast corner of Lot 32, North Tigardville Addition, said Southeast corner of
Lot 32 being in the center of (40 foot wide) S.W. Grant Avenue; thence South 25°
10' East. 145 feet, more or less, along the centerline of 40' wide S.W. Grant
Avenue, to the most Westerly corner of Lot 33, North Tigardville Addition; thence
North 45° 00' East 413.2 feet to the most Northerly corner of Lot 33, thence
South 45° 00' East 207.9 feet, more or Less, to the most Easterly cornea of Lot 33,
said Easterly corner of Lot 33 being a point on the Northwesterly right-of-way
boundary line of State Primary Highway No. 1 West (S.W. Pacific Highway); thence
Southwesterly, along the said boundary line of State Primary Highway No. 1 West,
to a point of intersection with the centerline of said County Road No. 358 (S.W.
Gaarde Street - 40 foot wide); thence Northwesterly a distance of 250 feet, more or
less, along the centerline of County Road No. 358 (S.W. Gaarde Street), to the most
Easterly corner of that tract of Land conveyed to Henery Wayland, Book 926, Page
467, Deed Records of said County, said Wayland most Easterly corner being in the
center of County Road No. 358 (S.W. Gaarde Street); thence South 33' 53' West
435.0 feet to the most Southerly corner of the.Wayland tract, said most Southerly
corner of the Wayland tract being a point on the Northeasterly line of Lot 1 of the
Amended Plat of Canterbury Place Subdivision; thence North 58' 03' West along the
Northeasterly boundary line of Lot 1 of the Amended Plat of Canterbury Place, a
subdivision of record in said County, a distance of 200.0 feet to the most Northerly
corner thereof; thence South 88° 37' 30" West, along the North line of Lot t. of
Amended Plat of Canterbury Place, a distance of 105 feet, more or less, to the
Southeast corner of that tract of land conveyed to R. & P. Gortmaker & S. & S.
Culver, Book 920, Page 588, Deed Records of said County; thence North a distance of
3R5 feet, more or leas, to the Northeast corner of the R. & P. Gortmaker &
Culver tract, said Gortmaker & Culver Northeast corner being a point in the center
of County Road No. 358 (S.W. Gaarde Street); thence Westerly, alone the centerline
of County Road No. 358 (S.W. Gaarde Street); to a point of intersection with a
Southerly extension of the East boundary line of the said Tigard Assembly of God
tract of land; thence North, along the said extension of the East boundary line of
the Tigard Assembly of God tract of land, a distance of 20.0 feet to the point of
beginning of this description.
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Derry Dell Area