Ordinance Packet by famis

MEMO To:

Mayor and Councilors

From:

Damascus Planning Staff

Subject:

Overview of Council Findings for the De-Annexation of the Foster Tillstrom Group

Mayor and Councilors: Before you tonight is an Ordinance for the de-annexation of the Foster Tillstrom Group of properties prepared and performed according to ORS 222.460 and Metro Code 3.09. This memo outlines the changes that occurred as a result of the hearing held on October 5th, 2015. These items differ from the staff report and can be found as part of the Findings of Fact. Below is a brief description of the changes made as a result of the City Council hearing on the Order: 1. The City Council directed staff to obtain legal descriptions, to include in the deannexation request, for the Foster Road rights-of-way adjacent to the subject properties to the centerline of the road when such right-of-ways were not included in the original legal descriptions of the property.

- Incorporated 2004 Phone: 503-658-8545 ď&#x201A;ˇ Fax 503-658-5786 ď&#x201A;ˇ www.damascusoregon.gov

CITY OF DAMASCUS ORDINANCE NO. 2015-78

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DAMASCUS, OREGON, WITHDRAWING APPROXIMATELY 235 ACRES OF TERRITORY AND ADJACENT RIGHTS-OF-WAY ON SE FOSTER ROAD FROM THE CITY AS SET FORTH IN SECTION 2 OF THIS ORDINANCE WHEREAS, ORS 222.460 sets forth the procedures by which a City may withdraw territory from its boundaries; and WHEREAS, the City of Damascus (“City”) Municipal Code and City Charter and silent as to the withdrawal of territory from the City boundaries; and WHEREAS, the City Council passed Resolution 15-432 initiating the withdrawal, held two public hearings, and passed Order 15-044 affirming its intent to withdraw specific territory, in accordance with the Statute. NOW, THEREFORE, THE CITY OF DAMASCUS CITY COUNCIL ORDAINS AS FOLLOWS: Section 1:

That the City received written requests submitted by the specific property owners as designated on Section 2 (‘Territory”), requesting to withdraw said properties from the City.

Section 2:

The Territory, aforementioned in Section 1, is detailed below

Address 19131 SE Foster Road 19075 SE Foster Road No Situs 19404 SE Foster Road No Situs 19401 SE Foster Road 19339 SE Foster Road 18500 SE Tillstrom Road 18395 SE Foster Road 18485 SE Foster Road

Name Vank Island FLP Vank Island FLP Alan & Pennie Shaw Alan Shaw Trustee Jack Wussow Jack Wussow Gregory & Laura Baker Robert Noble Charles & Marilyn Phelps Martilla Family LLC

Legal 13E32B 00100 13E32B 00101 13E32B 00400 13E32B 00401 13E32B 00901 13E32B 01000 13E29C 00500 13E29C 00501 13E29C 00600 13E29C 00601

Acres 62.11 10.12 7.75 6.23 .30 1.48 3.54 4.23 4.88 19.03

18684 SE Tillstrom Road 18708 SE Tillstrom Road 18651 SE Foster Road 18681 SE Foster Road No Situs 18795 SE Foster Road No Situs 18805 SE Foster Road 19196 SE Tillstrom Road 19190 SE Tillstrom Road 19192 SE Tillstrom Road 19188 SE Tillstrom Road 18806 SE Tillstrom Road 18810 SE Tillstrom Road 18800 SE Tillstrom Road 18890 SE Tillstrom Road 19000 SE Tillstrom Road 19184 SE Tillstrom Road 19186 SE Tillstrom Road 19200 SE Tillstrom Road No Situs

James & Wendy Hoppe Judith Hoppe Trustee Sharon House Hubert Willer Craig Gilson Thomas Embree Trustee Thomas Embree Trustee Thomas Embree James Finucane Robert & Naomi Glenn Carl & Brenda Smith Scott & Robin Stanton Ian McPhail Arnold Rise Bonna Wilson Larry Michelsen Trustee Floyd Mendoza Jack Donaldson Trustee Lloyd & Kathryn Blue Richard and Sally Thomas Richard & Sally Thomas

13E29C 00602 13E29C 00700 13E29C 00800 13E29C 00900 13E29C 01000 13E29C 00500 13E29C 01001 13E29C 01100 13E29C 01200 13E29C 01300 13E29C 01301 13E29C 01302 13E29C 01400 13E29C 01401 13E29C 01500 13E29C 01600 13E29C 01601 13E29C 01900 13E29C 01901 13E29C 01902 13E29C 01903

5.00 5.00 5.00 5.00 4.92 4.51 4.51 24.54 19.61 2.85 1.12 1.50 3.38 4.05 2.24 8.38 3.19 1.49 .69 5.03 2.75

An approximate 4100-foot portion of right of way, known as Foster Road, on the eastern side and to the center of said ROW, within the affected territory, adjacent to tax lots 13E29C 01000, 13E29C 01100, 13E32B 00100, 13E32B 00101, 13E29C 00501, 13E29C 00600, 13E29C 00600, 13E29C 00700, 13E29C 00800, and 13E29C 00900. Also, continuing south on said Foster Road, a full portion of adjacent to tax lots 13E32B 01000, 13E32B 01100, and 13E32B 00901. The territory is further described in the Clackamas County Assessor’s map for the Territory and accompanying legal descriptions included in EXHIBIT ‘’A” attached and incorporated hereto. Section 3:

No requests for an election have been filed with regard to the withdrawal of the Territory.

Section 4:

Council has considered withdrawal of the Territory and determined that withdrawal of the Territory is consistent with all applicable approval criteria, and therefore, Council declares the Territory withdrawn from the City.

Section 5:

Council’s determination is supported by the findings of fact and conclusions of law set forth in EXHIBIT “B” attached and incorporated hereto, which Council hereby adopts.

Section 6:

Council authorizes and directs the City Manager Pro Tem to effect completion of processing the withdrawal of the Territory from the City boundaries.

Section 7:

Effective Date. This Ordinance shall become effective thirty days from adoption.

Read the first time by title only the __________ day of ___________________, 2015. APPROVED AND ADOPTED the __________ day of ___________________, 2015.

______________________________________ Diana Helm, Mayor

ATTEST:

______________________________________ Theresa Nation, City Recorder

EXHIBIT A

Contents Name Cadastral Maps WUSSOW JACK D WILSON BONNA B WILLER HUBERT III VANK ISLAND FLP THOMAS RICHARD S & SALLY STANTON SCOTT D & ROBIN W SMITH CARL R & BRENDA K SHAW ALAN E TRUSTEE RISE ARNOLD A PHELPS CHARLES H & MARILYN J NOBLE ROBERT A MICHELSEN LARRY H TRUSTEE MENDOZA FLOYD L MCPHAIL IAN T MARTILLA FAMILY LLC HOUSE SHARON LYNN HOPPE JUDITH A TRUSTEE HOPPE JAMES D & WENDY S GLENN ROBERT NEIL & NAOMI F GILSON CRAIG HOWARD FINUCANE JAMES R EMBREE THOMAS B TRUSTEE DONALDSON JACK L TRUSTEE BLUE LLOYD D & KATHRYN BAKER GREGORY SCOTT & LAURA ANN Right of Ways

Site 19401 SE FOSTER RD 18800 SE TILLSTROM RD 18681 SE FOSTER RD 19131 SE FOSTER RD 19200 SE TILLSTROM RD 19188 SE TILLSTROM RD 19192 SE TILLSTROM RD 19404 SE FOSTER RD 18810 SE TILLSTROM RD 18395 SE FOSTER RD 18500 SE TILLSTROM RD 18890 SE TILLSTROM RD 19000 SE TILLSTROM RD 18806 SE TILLSTROM RD 18485 SE FOSTER RD 18651 SE FOSTER RD 18708 SE TILLSTROM RD 18684 SE TILLSTROM RD 19190 SE TILLSTROM RD NO SITUS 19196 SE TILLSTROM RD 18795 SE FOSTER RD 19184 SE TILLSTROM RD 19186 SE TILLSTROM RD 19339 SE FOSTER RD

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1 3 E 29C

18700

19200 30

3.19 Ac.

31 6.8 5'

" 555.00'

Map Index

441.3 2' E 0"

N88° 53' 10"E 442.88'

19196 19198

29D

225.26'

SEE

Historic Corridor 40' Historic Corridor 20'

10.75 ' '

Milwaukie Happy Valley Damascus

Lake Oswego 1305.31'

Tualatin

Gladstone West Linn

Sandy

Oregon City

Estacada

686.69' +/N01 ° 47' 42"E

Molalla

MAP

I.P.

S89° 58' 50"W

241.20'

32B

1321.95'

I.P .

SEE

453.20' (Survey)

S89° 32' 30"E

329.81'

S.E of . Co Ja r. o me f O s & rp Eli ha n za C Ak h ild in r DL en C

H /

HEMRICK RD./ /

/ EFU

EFU EFU EFU

1/4 Cor.

10500

THIS MAP IS FOR ASSESSMENT PURPOSES ONLY

/ /

7/20/2015

EFU

210.03' (208.21' Deed)

EFU

3 S1 0 ° 2

N01° 37' 10"W 650.29'

35.09

LOT 4

MAP

128.43' 21 '

.0 70

19.61 Ac.

Canby Barlow

S00° 04' 00"W

1200

1902

PLSS Section Line

Wilsonville

728.30'

20'

.4 57

Meander Line

975.50'

2 N5

/6' 0 °5

DLC Line

BORGES RD.

5 6'

1 6. 53

Govt Lot Line

10000

10 5 .

/8'

24.26'

266.97'

236.0 0'

24.55 Ac.

229.4 0'

178.9 0'

211.30' Deed

1/16th Line

5.02 Ac. 19200

18 00 0.3 "E 0' 35 5.

1.49 Ac. 19184

Section Corner

16 '

1900

Corner

416.99'

11.51'

Plats

28 .3 7

M 5' 32

1.50 Ac. 19188

10 0. 1

2.86 Ac. 19190

H/46.34'

471.6 0'

285.3 9'

74.09'

43 °

1302

30.64'

370.00'

544.9 2'

Land Use Zoning Water

49.5 0'

205.0 0' 247.2 0'

321.8 7'

S00° 26' 30"W

0.70 Ac. 19186

185.0 0'

1300

WaterLines 755.00'

601.4 3'

1081.94'

150.00' 270.75'

685.07'

N01° 45' 13"W

155.0 0' N88° 52' 30"W 229.1 0'

80.00'

N89° 50' 12"E

1.12 Ac. 19192

1901

1100 /

TaxCodeLines

N89 32' 30"W 176.21'

t en

Railroad Centerline

12.20

1.60 Ac. 19070

Historical Boundary

E 0" '4 ' 44 4 ° 9.2 8 5 N 17

25' EASEME NT

1301

0.70 Ac. 19050

834.18'

812.83'

147.30'

149.00'

272.4 6'

707.01'

652.87'

Private Road ROW

1.92 Ac. 19191

1800

' 20

P. P. 1995 - 137

' 60

1700

PARCEL 2

200'

8 17 .5

N89° 50' 12"E

Parcel Boundary

647.33'

19000

PARCEL 1

' 29 4.32

677.77'

4.51 Ac.

EMBREE/ LANE

S89° 51' 55"W

1001 N00° 09' 48"W 288.57'

' 24"E S11 ° 09

4.51 Ac. 18795

367.00'

640.0 0' DEED

LOT 3

. OR

C W 9 6 YS SL DLC 201.3 0' " 188.5 0'

401

101

61 7.0 1'

1450' M/L

709.00'

1000

N82 ° 11 ' 15"W 12 0.88'

60'

60 '

1601

430.00'

S89° 51' 55"W

Cancelled Taxlots

1115.00'

1460.00'

4.92 Ac. 18715

1.00 Ac.

9750

1000.00 ' DEED

100

5.00 Ac.

2' 1.5 15

302 - 18

1461.00'

900

165'

340.8 2'

232.7 6' 243.8 9'

31 3.9 5'

270.00' by Deed

190TH DRIVE

176.77'

523.0 0'

235.7 0'

403.08' 371.44'

259.44'

8.38 Ac. 18890

1400

761.20'

5.00 Ac. 18631

5.00 Ac. 18667 18681

108.0 7'

N3 8° 22 34 ' 5. 54 9 5 "E '

14 0.3 7'

23.14' 23.1 4'

292.42' S00° 31' 06"W 566.41'

PARCEL 1

S89° 52' 15"W

800

150.08'

1600

1280.33'

18708

705.46'

150.08'

MA R

3.38 Ac. 18806

18810

5.00 Ac.

700

SEE

N00° 31' 06"E 825.40'

286.00'

S00° 31' 06"W

602

271.00' S89° 52' 15"W

71 .0 72 0 ' .3 9'

1401

N89° 52' 15"E 741.20'

1.13 Ac. 18755

150.00' +/-

S00° 31' 06"W

18 RD. MARKET

FOSTER R=9 21 .80'

30D

33.00

106.25' 120.10'

900'

17 3.6 6'

4.06 Ac.

33.00

557.00'

PARCEL 2

1" = 200'

9500

d ee

LOT 5

2.24 Ac. 18800

102

Center Sec. 29

D 0'

MAP

1991 - 003

1500

46 7.7 2'

. I.P

9605

433.12'

403.11'

201

19 0.8 4'

6.36 Ac.

0.0 50

RRFF5

5.00 Ac. 18684

460.77'

N89° 54' 30"E

LOT 1

S89° 52' 15"W 721.20'

601

PARCEL 3

20'

32.76'

18725

RO A

N88° 16' 25"W 205.00'

1.58 Ac.

89.39'

20'

200

56.00'

S01° 51' W

10' Easement

149.98' '

PARTITION PLAT

300

340.81'

17 .3 6

19.03 Ac. 18485 18495 18515

1.91 Ac. 18721

50' Scaled

" "

600

1425.42'

433.12'

N89° 52' 15"E

819.34'

18200 636.08'

ST RO M

402

" "

340.82'

W YS WL C 6 9 DL

R CO

1.32 Ac. 18717

5555555 5555555 5555555

ROAD /

TIL L

400

DLC CALEB RICHEY NO. 69 406.38'

" "

S5 7° 57 64 7.3 ' 00 "E 2'

29B

18500

4.24 Ac.

500

1/4 COR.

4.89 Ac. 18395

353.93'

501

269.86'

/ 636.08'

MAP

S.W.1/4 SEC.29 T.1S. R.3E. W.M. CLACKAMAS COUNTY /

TBR

FF10

SEE

60 '

EXHIBIT A

/ /

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1 3 E 29C

EXHIBIT A /

1 3 E 32B

N.W.1/4 SEC.32 T.1S. R.3E. W.M. CLACKAMAS COUNTY

60'

90'

29C 1323.25'

1/4 Cor.

10.12 Ac. 19075

100

10500

101

+ 56 PT 55 60 '

S88° 44' 01"E

1200.00'

620.00'

MAP

1" = 200'

19200

SEE 20'

18700

18200 29

HEMRICH / RD. /

RRFF5

Cancelled Taxlots 1300

62.28 Ac.

19131 19135

200

5.74 Ac. 74 9.0 0'

72 9.0 0'

1048.33 '

/ N00° 12' 34"W

Railroad Centerline TaxCodeLines

Map Index WaterLines

Land Use Zoning

32A

ROAD

302 - 18

Historical Boundary

Plats

5555555 5555555 5555555

1318.00'

580.00'

Water

302-14

Corner

Section Corner

31A

Private Road ROW

FOSTE

EFU

Parcel Boundary

579.64'

67.15'

MAP SEE

75.00'

50'

85.00' 131.75'

15'

COURT

RRFF5

30'

Tualatin

N00° 09' 20"W 510.00' M/L

100.00'

Sandy

Gladstone West Linn

Wilsonville

Oregon City

Estacada

Canby Barlow

190TH

120.00'

32C

Milwaukie Happy Valley Damascus

Lake Oswego

Molalla

737.00'

470.11'

245.00'

Center Sec. 32 /

580.84'

EFU

11500

THIS MAP IS FOR ASSESSMENT PURPOSES ONLY

" /

55'

S00° 09' 20"W

S00° 09' 20"E 559.00' 492.76'

MAP

Historic Corridor 20'

302-14

SEE

DEBORA DRIVE

19587

110.00'

120.00'

1.94 Ac.

Historic Corridor 40'

R=50'

3.04 Ac. 11265

S89° 24' 10"W 614.36'

500

PLSS Section Line

215.83'

1800

17.42'

318.00' N89° 13' 10"E

Meander Line

32'

S89° 25' 20"W 737.00'

8/19/2014

0' 15 0.0 50 "W 58 ' N13 °

60 '

15'

N00° 15' 05"W 123.29'

1.80 Ac. 11245

921.00'

20'

1 1300.04'

100.00'

1601

S00° 09' 20"E 591.00'

360.70'

1.97 Ac. 11225

1º C L = 2 º 0 6' DELTA 5' T = 10

"E 06 ' 13 S1 4 ° 0' 14 7.7

413.53'

1600

6.84 Ac.

5.00 Ac. 19501

N89° 17' 25"E

9 22 0.0

' 211.07

199.01'

100.22'

1200

/=5759.58'

9 5 .3 PC 7 9+

189.77' 295.90'

1.64 Ac. 11151

1700

5 "W 30 ' 4 S7 3 ° 4.4 9' 43

370.00'

712.67'

1500

40 W N08 -4620 3.64

11131 19491

"20' Easement

11.04' 8 5 .3 PC 7 7+

472.94'

2.74 Ac.

0.54 Ac.

20 5.5 0' 0" E 2' 5 S11 ° 5

N89° 17' 25"E 329.05'

S00° 13' 07"E 282.56'

800

700

0.91 Ac. 19473

S89° 26' 21"W

DLC Line

11000

N00° 35' 50"W 145.93'

600

137.00'

205'

338.00'

201.00'

"W ' 05 ° 46 S7 0 3.1 0' 37

N00° 46' 50"W 349.43'

900

110.00'

340.00'

MAP SEE

S00° 14' 12"E 500.00'

S89° 13' 10"W 335.28'

0.87 Ac. 19409

70 .0 0 '

N00° 14' 12"W

901

33 2.47' 15 0.00'

P. P. 1993 - 117

80 .0 0 '

(3.81 Ac.)

6 34

0.30 Ac.

' 14 "W N12 ° 00 8 6' 50 9.

PARCEL 2

1.48 Ac. 19401

2 47 23

' 17 "W N10 ° 49 18 4.06'

1000

20 1.0 2'

19404

N85 ° 18' 30"E 295.44'

400.65' VACATED 89 - 32763

100'

795.84' S89° 26' 21"W 730.07'

Govt Lot Line

210.36'

"W 48 0' 8 ° 0 8.7 7 9 S4 2

114.90'

5.19 Ac.

0.0

N89° 09' 08"E 643.78'

175'

1202

00 . 14 8 Ac

" "

S00° 13' 07"E 210.00' S89° 09' 08"W 620.00'

1 57 .0 8' R =50'

139.64' S89° 19' 35"W

1/16th Line

225.07'

/ 18 T RD.

401

77 4.10'

S89° 17' 25"W

1.96 Ac.

/E MARK

°3 7' 66 30 .6 "E 6'

43 3.82'

43 6.94'

72 32

243.00'

11121

S5 3

6.24 Ac.

5.03 Ac.

' 17 "W

44 7.7 8'

42 3.0 8'

/ 12° 00' 14"E

PARCEL 1 (10.81 Ac.)

1/4 COR.

1401

19339

7.75 Ac. 19360 19402

N10 ° 49

3.55 Ac.

645.32'

400

1201

1100

332.75'

2250.61' M/L

N89° 19' 33"E

355.00'

386.30'

R T CO ILL S NW 12 T LT

M RO

0 . 30 15 Ac

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EXHIBIT ‘S ‘S-1’ RIGHTRIGHT-OFOF-WAY DESCRIPTION SE FOSTER ROAD RIGHTRIGHT-OFOF-WAY (County Road No. 18) 18) A portion of SE Foster Road (County Road No. 18, a 60.00 foot wide right-of-way, being 30.00 feet on each side of the centerline), located in the southwest one-quarter of Section 29, the southeast one-quarter of Section 30, and northwest of Section 32, and other property in the Caleb Richey D.L.C. No. 69 and Moses W. Noble D.L.C. No. 70, Township 1 South, Range 3 East, Willamette Meridian, Clackamas County, Oregon, being more particularly described as follows: Beginning at a 5/8” iron rod with a yellow plastic cap stamped “PLS No. 1043” marking the northeast corner of Parcel 1 of Partition Plat No. 1993-117, Clackamas County Plat Records, which is the “POINT OF BEGINNING” for this description; thence N 89007’56” E 30.58 feet to a point on the centerline of said SE Foster Road; thence following said centerline, northerly 3,790 feet, more or less, to the westerly southwest corner of the Caleb Richey D.L.C. No. 69 which is a point that bears N 88050’41” W 30.00 feet from the northwest corner of Parcel 3 of Partition Plat No. 1991-003, Clackamas County Plat Records, hereafter known as Point ‘A’; thence continuing northerly along said centerline, to the intersection of said centerline with a line 340.82 feet north of and parallel with the south line of said D.L.C. No. 69; thence leaving said centerline and easterly, following said parallel line, a distance of 30.00 feet, more or less, to the northwest corner of of the Charles H. and Marilyn J. Phelps property as described in Document No. 72-31241, Clackamas County Deed Records; thence southerly following the easterly right-of-way line of said SE Foster Road a distance of 4,101 feet, more or less, to the intersection of said right-of-way line with the north line of the southwest one-quarter of the northwest one-quarter of said Section 32, hereafter known as Point ‘C’; thence continuing along said right-of-way line, S 12000’14” E a distance of 704.10 feet to the southwest corner of the Alvina Shahbazin property as described in Document No. 2011-065861, Clackamas County Deed Records, a point hereafter known as Point ‘D’; thence S 77059’46” W 60.00 feet to a point on the westerly right-of-way line of said SE Foster Road; thence following the said westerly right-of-way line, N 12000’14” W a distance of 695.53 feet to the Point of Beginning, the terminus of this description. The above described right-of-way, Points ‘A’, ‘B’, ‘C’ and ‘D’ are shown on Exhibits ‘S-2’, ‘S-3’ and ‘S-4’, which by this reference are made a part of this description. File: E14-028 - Exhibit S-1 Monday, October 19, 2015 By: gwh

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FINDINGS OF FACT Exhibit B of Ordinance No. 2015-78 Property Location: Foster Tillstrom Group Application Proposal: De-Annexation Petition Resolution No.: 15-432 Order No.: 15-044 Ordinance No.: 2015-78 Petition: The City of Damascus received 26 individual petitions from property owners to withdraw 31 tax lots from the City limits. Together these tax lots make up the “affected territory”. The withdrawal would remove approximately 235 acres from the City of Damascus. The properties would revert back into Clackamas County jurisdiction. These findings are made by the City Council. Further information can be found by reviewing the City Staff Report (Exhibit C). Zoning: The City of Damascus adopted the 2005 Clackamas County Comprehensive Plan and Zoning and Development Ordinance for unincorporated areas. All of the affected properties are located inside the Metro Urban Growth Boundary (UGB). The zone for these properties is Rural Residential Farm Forest 5 Acre Minimum (RRFF5) and Exclusive Farm Use (EFU). Procedural History: 1. All owners identified in the affected territory provided complete applications requesting from the City Council to remove the affected parcels from the City. 2. On September 8, 2015 the City Council in a Special Session passed Resolution 15432 setting a public hearing pursuant to ORS Section 222.460(2). The date set for the hearing took place on October 5, 2015 to consider withdrawal of the affected territories from the City of Damascus. a. Notifications of the hearings before the City Council were provided as follows: i. Mailed to the affected agencies, service districts, jurisdictions, and property owners; ii. Each parcel requesting withdrawal was posted with the notice of the hearing; iii. The notice was posted in four public places: 1. Damascus City Hall 2. Damascus Key Bank 3. Damascus Safeway 4. Damascus City Website iv. Notice was posted in the Outlook. v. Notice was sent to all property owners within 300 foot of the subject properties. Page | 1

b. The staff report for the hearing was available on the City website and at City Hall for review 7 days prior to the hearing. 3. The City Council held a hearing on October 5, 2015. The City Council found that the staff report met the appropriate approval criteria of ORS 222.460 and Metro Code 3.09. a. The council requested staff to add the rights-of-way of affected parcels to include in the removal from the City. b. The City Council passed Order 15-044 to move the process to a second hearing where the Ordinance will be heard. 4. A draft Ordinance and Findings of Fact were made available at City Hall for review and on the City’s website 7 days prior to the public hearing on the Ordinance. Findings Regarding Requirements for Petitions, Hearings and Withdrawal: Metro Code Chapter 3.09 lists criteria and factors to consider for petitions to withdraw territory from a City. This staff analysis first addresses these criteria in Section 3.09.040, requirements for the petition and Section 3.09.050, criteria to be applied by the city to approve a boundary change. Staff further made findings on ORS Section 222.460. Metro Code 3.09.040

Requirements for Petitions

(A) A petition for a boundary change must contain the following information: 1. The jurisdiction of the reviewing entity to act on the petition; All the affected parcels submitted complete applications to the City of Damascus. 2. A map and legal description of the affected territory in the form prescribed by the reviewing entity. Each applicant submitted a map of the affected territory. The maps were prepared by the Clackamas County Assessor’s Office. 3. For minor boundary changes, the names and mailing addresses of all persons owning property and all electors within the affected territory as shown in the records of the Tax Assessor and County Clerk; The names and mailing addresses of all persons owning property were provided to the City Council in the Staff Report (See Exhibit C).

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Hearing & Decision Requirements for Decisions Other than

(A) The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity’s Charter, Ordinances or Resolutions. The requirements of Metro Code Chapter 3.09 and applicable requirements of ORS Chapter 222 were followed in preparation of this Staff Report. (B) Requires the reviewing entity to produce a report that addresses the criteria identified in subsection (D) and includes the following information: 1. The extent to which urban services are available to serve the affected territory, including any extra territorial extensions of service. Below is a list of service districts that serve or potentially will serve the affected territory. Copies of IGA’s can be found on the cities website located at: http://damascusoregon.gov/304/Exhibits-Statutes-and-IGAs 

Fire District: Boring Fire District serves the affected area. If the affected territory is withdrawn from the City, the area would no longer benefit from the city IGA for coordination in case of emergency and disaster(s).

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Police Services: If withdrawn from the City the area will still be serviced by the Clackamas County Sheriff’s Office (CCSO) but will be limited to service the County provides the area. As part of Damascus the area receives significantly enhanced police protection.

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removed from Damascus, future coordination of services with Sunrise Water Authority would be handled by Clackamas County. 

School District: Centennial School District serves the affected area. No change in service would result if the affected areas were deannexed.

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Service District: Withdrawing the affected territory from the City would not affect services in the Lighting District (Clackamas County Service District #5).

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Parks District: The proposed lots do not lie within a parks district.

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Transit District: The proposed lots do not lie within a transit district.

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Surface Water District: The proposed lots do not lie within a surface water district.

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Sewer District: The proposed lots do not lie within a sewer district. Any future services for the affected area will be planned and coordinated with Clackamas County.

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Land Use & Transportation Planning: An IGA with Clackamas County identifies that the City is responsible for the land-use and transportation planning for the affected territory. If withdrawn, the County would control all land use and transportation planning matters in the affected territory.

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Solid Waste: The affected area would continue to be within the Hoodview Disposal solid waste collection service area if withdrawn.

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Road Maintenance: There are two roads in the area of the affected territory. Foster and Tillstrom Roads are Clackamas County roads. They would continue to be maintained by Clackamas County.

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Code Compliance: Currently the City of Damascus and Clackamas County split code enforcement duties. Clackamas County is responsible for enforcing planning, building and engineering type complaints. The City enforces City codes such as Title 8 (Health and Safety), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles & Traffic), and Title 12 (Streets, Sidewalks, & Public Places). If withdrawn the properties would continue to receive code compliance through Clackamas County but would not receive code compliance based on City codes. Likewise properties adjacent to the de-annexed properties would not be able to use City code to file complaints against those parties who de-annex from the City. Page | 4

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Emergency Assistance Coordination: Clackamas County provides and coordinates these services to unincorporated areas, so services to the affected territory would not change if that area is withdrawn from the City limits.

2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of a necessary party; The proposed boundary change will not withdraw any of the affected territory from the legal boundary of a necessary party. 3. The proposed effective date of the boundary change. The proposed effective date of the boundary change is tentatively set for December 3, 2015. (C) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. For the information provided staff believes the findings in this report address all service provision questions. (D) To approve a boundary change, the reviewing entity shall apply the criteria and consider factors set forth in subsections (D) and (E) of Sections 3.09.045. Metro Code Section 3.09.045 (D)(1). The City shall find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065 There are no current urban service agreements with the City of Damascus and service providers that have involved Metro. b. Any applicable annexation plan adopted pursuant to ORS Section 195.205 This criterion is not applicable because the City of Damascus has not adopted an Annexation Plan. c. Any applicable cooperative planning agreement adopted pursuant to ORS Section 195.020(2) between the affected entity and a necessary party; The City and County have entered into an IGA for planning services that defines the planning responsibilities of Clackamas County and the City.

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d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; This criterion is not applicable because the City of Damascus has not adopted a Public Facilities Plan. e. Any applicable comprehensive plan. Upon incorporation, the City of Damascus adopted the 2005 Clackamas County Comprehensive Plan for parcels within the City. Clackamas County may choose to adopt an ordinance applying current county zoning and standards of the affected area. f. Any applicable concept plan This criterion is not applicable because the City of Damascus has not adopted a Concept Plan. Metro Code 3.09.045 (D)(2). Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services. Public facilities and services are discussed in detail under Metro Code Section 3.09.050(B)(1). Clackamas County would become the entity responsible for the future planning of public facilities and services to the affected parcels. b. Affect the quality and quantity of urban services. Most urban services would not be impacted by the proposed withdrawal of territory. Most services as outlined in 3.09.050(B)(1) are provided by other entities or the County and will continue to be provided at the same quality and quantity. c. Eliminate or avoid unnecessary duplication of facilities or services. The proposed withdrawal of territory from the City would not change the coordinated urban service plans and so would not cause any duplication of facilities or services.

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Metro Code Section 3.09.045(E). A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and partially outside the UGB. This criterion addresses annexation by cities and is not applicable to this petition. In addition to requirements in Metro Code Chapter 3.09, a petition to withdraw territory from a city is governed by ORS Section 222.460: ORS Section 222.460 Procedures for withdrawal of territory; content of resolution; hearing; election; taxes and assessment. (1) This Statute states that, except as expressly prohibited by the city charter, “when the legislative body of a city determines that the public interest will be furthered by a withdrawal or detachment of the territory from the city, the legislative body of the city, on its own motion, may order the withdrawal of territory as provided in this section.” Withdrawal of territory is not expressly prohibited by the City Charter. To determine whether the proposed withdrawal would further the public interest, the City Council must consider all criteria and factors addressed under the Metro Code and may apply other considerations that the Council determines affect the public interest. The next section provides those considerations that the City Council determines are in the publics best interest. Other Considerations that the Council Determines Affect the Public Interest 1. Financial Impact: In 2014 the City tax from these parcels were a combined $33,410.38. The City will continue to forego this amount yearly as well as increases that would be seen from increased tax assessed values and/or property improvements. 2. The applicant shall be responsible for providing correct legal and maps at such time a recording entity determines the legal and/or map(s) provided are not adequate. 3. The applicant is responsible for the creation of any documents requested by the county, state, or metro associated with this file. 4. The applicant shall be responsible to pay all fees associated with the county, state, and/or metro that may occur as a result of this approval. Conclusion: The City Council finds that the public interest is furthered in consideration of the criteria and factors in Metro Code Chapter 3.09 and in ORS Section 222.460, and approves the petitions to withdraw the affected territory from the City limits.

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STAFF REPORT on DE-ANNEXATION GROUP 3-3 FOSTER TILLSTROM To:

City Council

From:

Damascus Planning Staff

Hearing Date:

August 17, 2015

Legal:

See page(s) 1-2 for legal descriptions

Subject:

Petition by Multiple Property Owners in the Foster Tillstrom Group to Withdraw Property from the City Limits

Overview: The City of Damascus received 26 individual petitions from property owners to withdraw 31 tax lots from the City limits (See EXHIBIT A). Together these tax lots make up the “affected territory”. The withdrawal would remove approximately 235 acres from the City of Damascus and revert back into Clackamas County jurisdiction. On September 8th the City Council approved Resolution-15-432 which established public hearings on the petitions to withdraw. Location: The location of the affected territory is along the western boundary of the City. The parcels are located along Foster Road and Tillstrom Road south of the Foster Road and Tillstrom Road intersection. See EXHIBIT B for map that shows the precise location of the affected territory. List of Properties in the affected territory: Address 19131 SE Foster Road 19075 SE Foster Road No Situs 19404 SE Foster Road No Situs 19401 SE Foster Road 19339 SE Foster Road

Name Vank Island FLP Vank Island FLP Alan & Pennie Shaw Alan Shaw Trustee Jack Wussow Jack Wussow Gregory & Laura Baker

Legal 13E32B 00100 13E32B 00101 13E32B 00400 13E32B 00401 13E32B 00901 13E32B 01000 13E29C 00500

Acres 62.11 10.12 7.75 6.23 .30 1.48 3.54

18500 SE Tillstrom Road 18395 SE Foster Road 18485 SE Foster Road 18684 SE Tillstrom Road 18708 SE Tillstrom Road 18651 SE Foster Road 18681 SE Foster Road No Situs 18795 SE Foster Road No Situs 18805 SE Foster Road 19196 SE Tillstrom Road 19190 SE Tillstrom Road 19192 SE Tillstrom Road 19188 SE Tillstrom Road 18806 SE Tillstrom Road 18810 SE Tillstrom Road 18800 SE Tillstrom Road 18890 SE Tillstrom Road 19000 SE Tillstrom Road 19184 SE Tillstrom Road 19186 SE Tillstrom Road 19200 SE Tillstrom Road No Situs

Robert Noble Charles & Marilyn Phelps Martilla Family LLC James & Wendy Hoppe Judith Hoppe Trustee Sharon House Hubert Willer Craig Gilson Thomas Embree Trustee Thomas Embree Trustee Thomas Embree James Finucane Robert & Naomi Glenn Carl & Brenda Smith Scott & Robin Stanton Ian McPhail Arnold Rise Bonna Wilson Larry Michelsen Trustee Floyd Mendoza Jack Donaldson Trustee Lloyd & Kathryn Blue Richard and Sally Thomas Richard & Sally Thomas

13E29C 00501 13E29C 00600 13E29C 00601 13E29C 00602 13E29C 00700 13E29C 00800 13E29C 00900 13E29C 01000 13E29C 00500 13E29C 01001 13E29C 01100 13E29C 01200 13E29C 01300 13E29C 01301 13E29C 01302 13E29C 01400 13E29C 01401 13E29C 01500 13E29C 01600 13E29C 01601 13E29C 01900 13E29C 01901 13E29C 01902 13E29C 01903

4.23 4.88 19.03 5.00 5.00 5.00 5.00 4.92 4.51 4.51 24.54 19.61 2.85 1.12 1.50 3.38 4.05 2.24 8.38 3.19 1.49 .69 5.03 2.75

Zoning: All of the affected properties are located inside the Metro Urban Growth Boundary (UGB). The zone for these properties is Rural Residential Farm Forest 5 Acre Minimum (RRFF5) and Exclusive Farm Use (EFU). In 2005, the City of Damascus adopted the 2005 Clackamas County Comprehensive Plan and Zoning and Development Ordinance for unincorporated areas. The withdrawal of the affected properties will not result in a change of Comprehensive Plan designation or zoning for any of the properties. Regulations for Withdrawal of Territory A request to withdraw territory from an incorporated City within a Metro urban reserve is governed both by Metro Code 3.09 and the Oregon Revised Statutes (ORS 222.460). How to Read this Report: Criteria will be listed in italic Arial size 12 font while staff response to the criteria will be in Bold Arial size 12 font. Metro Code 3.09.040

Requirements for Petitions

(A) A petition for a boundary change must contain the following information:

1. The jurisdiction of the reviewing entity to act on the petition; 2|Page

The petitions were submitted to the City of Damascus who is the reviewing authority. 2. A map and legal description of the affected territory in the form prescribed by the reviewing entity. Each applicant submitted a map of the affected territory. The maps were prepared by the Clackamas County Assessorâ&#x20AC;&#x2122;s Office. The applicant shall be responsible for providing correct legal and maps at such time a recording entity determines the legal and/or map(s) are not valid. 3. For minor boundary changes, the names and mailing addresses of all persons owning property and all electors within the affected territory as shown in the records of the Tax Assessor and County Clerk; According to the County Elections Office, e-mail of July 8th, 2015, these are the electors sited at these properties; NAME Gregory Baker Laura Baker Jack Wussow Kyle Adams Pennie Shaw Alan Shaw Margarat Kenaga Charles Phelps Sharon House John Campaine Shawntel Roth Thomas Scott Dan Nita Rostislav Savich Yaroslav Savich Stan Savich Ruth Jimison Robert Jimison Maryann Jimison Royce Jimison Greg Zitzelberger Thomas Embree John Glover Robert Noble Joy Kohn

ADDRESS 19339 SE Foster Road 19339 SE Foster Road 19401 SE Foster Road 19339 SE Foster Road 19404 SE Foster Road 19404 SE Foster Road 19473 SE Foster Road 18395 SE Foster Road 18651 SE Foster Road 18651 SE Foster Road 19075 SE Foster Road 19075 SE Foster Road 18680 SE Foster Road 18680 SE Foster Road 18680 SE Foster Road 18680 SE Foster Road 18766 SE Foster Road 18766 SE Foster Road 18778 SE Foster Road 18778 SE Foster Road 18795 SE Foster Road 18805 SE Foster Road 18500 SE Tillstrom Road 18500 SE Tillstrom Road 18501 SE Tillstrom Road 3|Page

James Everton Lucia McNeff Audrey Baydau Mikhail Tupikov Viktor Poznyur Wendy Hoppe James Hoppe Judith Hoppe Karen Hefflin Denise Mills Michael Mills Vala Plate Werner Plate Julia Dotson Christian Sandberg Robin Day Ian McPhail Arnold Rise Jorden Lutes Stewart Harbert Larry Michelsen Aaron Michelsen Connie Michelsen Kathy Mendoza Floyd Mendoza Ella Seabolt David Seabolt Jack Donaldson Kathy Donaldson Lloyd Blue Kathryn Blue Jesse Armstrong Michelle Shannon Taylor Stanton Scott Stanton Robin Stanton Naomi Glenn Robert Glenn Brenda Smith Kyle Smith Carl Smith James Finucane Jr James Finucane Sr Robert Kennedy Hattie Kennedy

18501 SE Tillstrom Road 18605 SE Tillstrom Road 18625 SE Tillstrom Road 18625 SE Tillstrom Road 18625 SE Tillstrom Road 18684 SE Tillstrom Road 18684 SE Tillstrom Road 18708 SE Tillstrom Road 18708 SE Tillstrom Road 18717 SE Tillstrom Road 18717 SE Tillstrom Road 18721 SE Tillstrom Road 18721 SE Tillstrom Road 18725 SE Tillstrom Road 18755 SE Tillstrom Road 18800 SE Tillstrom Road 18806 SE Tillstrom Road 18810 SE TIllstrom Road 18810 SE TIllstrom Road 18810 SE TIllstrom Road 18890 SE TIllstrom Road 18890 SE TIllstrom Road 18890 SE TIllstrom Road 19000 SE TIllstrom Road 19000 SE TIllstrom Road 19050 SE TIllstrom Road 19050 SE TIllstrom Road 19184 SE TIllstrom Road 19184 SE TIllstrom Road 19186 SE Tillstrom Road 19186 SE Tillstrom Road 19186 SE Tillstrom Road 19186 SE Tillstrom Road 19188 SE Tillstrom Road 19188 SE Tillstrom Road 19188 SE Tillstrom Road 19190 SE Tillstrom Road 19190 SE Tillstrom Road 19192 SE Tillstrom Road 19192 SE Tillstrom Road 19192 SE Tillstrom Road 19196 SE Tillstrom Road 19196 SE Tillstrom Road 19198 SE Tillstrom Road 19198 SE Tillstrom Road 4|Page

Sally Thomas Richard Thomas

19200 SE Tillstrom Road 19200 SE Tillstrom Road

4. For boundary changes under ORS 198.855(3)), 198.857, 222.125 or 222.170, statements of consent to the annexation signed by the requisite number of owners or electors. This criterion applies to annexation requests and therefore is not applicable to this petition. (B) A City, County and Metro may charge a fee to recover its reasonable costs to carry out its duties and responsibilities under this Chapter. The City does not require a fee for this service. If council approves this application it is the applicant’s responsibility to pay all fees associated with this file for any county, state and/or metro fees that may exist. The applicant is also responsible for the creation of any documents requested by the county, state or metro associated with this file. Metro Code 3.09.050 Expedited Decisions

Hearing & Decision Requirements for Decisions Other than

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Police Services: If withdrawn from the City the area will still be serviced by the Clackamas County Sheriff’s Office (CCSO) but will be 5|Page

limited to service the County provides the area. As part of Damascus the area receives significantly enhanced police protection. 

Water Authority: Sunrise Water Authority provides services to some of the tax lots in the affected territory with water. No change will occur as a result of this application. If the affected territory is removed from Damascus, future coordination of services with Sunrise Water Authority would be handled by Clackamas County.

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School District: Centennial School District serves the affected area. No change in service would result if the affected areas were deannexed.

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Service District: Withdrawing the affected territory from the City would not affect services in the Lighting District (Clackamas County Service District #5).

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Parks District: The proposed lots do not lie within a parks district.

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Transit District: The proposed lots do not lie within a transit district.

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Surface Water District: The proposed lots do not lie within a surface water district.

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Sewer District: The proposed lots do not lie within a sewer district. Any future services for the affected area will be planned and coordinated with Clackamas County.

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Solid Waste: The affected area would continue to be within the Hoodview Disposal solid waste collection service area if withdrawn.

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Road Maintenance: There are two roads in the area of the affected territory. Foster and Tillstrom Roads are Clackamas County roads. They would continue to be maintained by Clackamas County. Currently no proposals exist to annex these properties into an adjacent City, however if annexed at a future date there are impacts that may occur as a result of more intense zoning than the county zoning that exists now. However, since the City has not adopted a Transportation Systems Plan the City cannot identify what the potential impacts would be for

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the affected territory and what impacts, if any, would be to those parcels that have not requested to de-annex from the City. 

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Service extensions may be impacted by the removal of these properties. Mostly in the area of transportation. Road extensions likely will occur in Happy Valley which may impact roads within the City. However the City does not have an adopted Transportation Systems Plan (TSP) therefore the impact cannot fully be understood.

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(C) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. For the information provided staff believes the findings in this report address all service provision questions. (D) To approve a boundary change, the reviewing entity shall apply the criteria and consider factors set forth in subsections (D) and â&#x201A;Ź of Sections 3.09.045. Metro Code Section 3.09.045 (D)(1). The City shall find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065 There are no current urban service agreements with the City of Damascus and service providers that involve Metro. b. Any applicable annexation plan adopted pursuant to ORS Section 195.205 This criterion is not applicable because the City of Damascus has not adopted an Annexation Plan. c. Any applicable cooperative planning agreement adopted pursuant to ORS Section 195.020(2) between the affected entity and a necessary party; The City and County have entered into an IGA for planning services. This agreement defines the planning responsibilities of Clackamas County and the City. If withdrawn the properties would receive planning services for all matters entirely through the county. a. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; This criterion is not applicable because the City of Damascus has not adopted a Public Facilities Plan. b. Any applicable comprehensive plan. Upon incorporation, the City of Damascus adopted the 2005 Clackamas County Comprehensive Plan for parcels within the City. Withdrawal of the affected territory from the City would not change the land-use designations for parcels in the affected territory. Clackamas County may choose to adopt an ordinance applying current county zoning and standards if the affected area is withdrawn.

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c. Any applicable concept plan This criterion is not applicable because the City of Damascus has not adopted a Concept Plan. Metro Code 3.09.045 (D)(2). Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services. Public facilities and services was discussed in detail under Metro Code Section 3.09.050(B)(1). Clackamas County would become the entity responsible for the future planning of public facilities and services to the affected parcels. Since the City does not have an adopted urban Comprehensive Plan, staff cannot determine the level, if any, that public facilities and services would provide. Therefore we cannot determine what impacts the withdrawal of territory would have on the affected territory, districts, and remaining City territory. b. Affect the quality and quantity of urban services. Most urban services would not be impacted by the proposed withdrawal of territory. Most services as outlined in 3.09.050(B)(1) are provided by other entities or the County and will continue to be provided at the same quality and quantity. The three exceptions are Law Enforcement Services, Planning, and Code Compliance. The IGA the City has with the Clackamas County Sheriffâ&#x20AC;&#x2122;s Office provides a higher level of service than the affected territory. The affected territory likely will receive a lower quality of law enforcement services if de-annexed from Damascus. Next, the City would lose the ability to apply its land use code, such as Chapter 16.33 Urban Forestry. Furthermore, Code standards exist within the Damascus Municipal Code that apply to the City but not Clackamas County. Several sections of the Damascus Municipal Code are designed to address more urban level complaints. If the affected territory withdraws, the affected properties or neighboring properties would no longer be able to file code violations under the Damascus Municipal Code. c. Eliminate or avoid unnecessary duplication of facilities or services. The proposed withdrawal of territory from the City would not change the coordinated urban service plans and so would not cause any duplication of facilities or services.

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Metro Code Section 3.09.045(E). A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and partially outside the UGB. This criterion addresses annexation by cities and is not applicable to this petition. In addition to requirements in Metro Code Chapter 3.09, a petition to withdraw territory from a city is governed by ORS Section 222.460: ORS Section 222.460 Procedures for withdrawal of territory; content of resolution; hearing; election; taxes and assessment. (1) This Statute states that, except as expressly prohibited by the city charter, “when the legislative body of a city determines that the public interest will be furthered by a withdrawal or detachment of the territory from the city, the legislative body of the city, on its own motion, may order the withdrawal of territory as provided in this section.” Withdrawal of territory is not expressly prohibited by the City Charter. Summary of Additional Findings: For Council deliberations on the petition for withdrawal City staff have made the following findings: 1. Implementing Adopted City Code and Decision Maker for Land Use and Development. The City would not be the decision maker in overall land use and development plans for the affected territory if it is withdrawn from the City. The City would lose the authority to apply its land use code, such as Chapter 16.33 Urban Forestry. The responsibility of future land-use and development for the affected territory would fall to Clackamas County. The City would also lose the authority to address code violations on lands no longer within the City. 2. Timeliness of Comprehensive Plan. The City has adopted the 2005 Clackamas County Comprehensive Plan. If the affected territory is withdrawn, the withdrawn properties would then be governed by Clackamas County’s most recently adopted Comprehensive Plan rules and regulations. The affected territory would not be included in any future comprehensive plans of Damascus. 3. Coordination of Planning Between the City of Damascus and Clackamas County. No change in City zoning designation or development ordinance would occur as a result of withdrawing these properties. The affected properties would be governed by Clackamas County’s 2005 Comprehensive Plan. Clackamas County may choose to adopt an ordinance applying current county zoning and standards to the affected area if the affected area is withdrawn from the City.

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4. Financial Impact. The table below indicates the assessed value along with the yearly tax revenue for the city by each tax lot. 13E32B 01100 13E29C 01901 13E29C 01900 13E29C 01100 13E29C 01000 13E29C 01001 13E29C 01200 13E29C 00900 13E29C 01300 13E29C 00601 13E29C 00602 13E29C 00700 13E29C 00600 13E29C 01400 13E29C 01601 13E29C 01600 13E29C 00500 13E29C 00501 13E29C 01401 13E32B 00400 13E32B 00401 13E29C 01301 13E29C 01302 13E29C 01902 13E29C 01903 13E32B 00100 13E32B 00101 13E29C 00800 13E29C 01500 13E32B 00901 13E32B 01000 Totals

$892,618.00 $2,499.33 $277,323.00 $776.50 $407,390.00 $1,140.69 $817,949.00 $2,290.26 $275,331.00 $770.93 $148,424.00 $415.59 $429,752.00 $1,203.31 $136,328.00 $381.72 $390,772.00 $1,094.16 $607,328.00 $1,700.52 $522,093.00 $1,461.86 $341,121.00 $955.14 $531,728.00 $1,488.84 $259,723.00 $727.22 $299,143.00 $837.60 $694,823.00 $1,945.50 $379,813.00 $1,063.48 $267,523.00 $749.06 $265,979.00 $744.74 $300,327.00 $840.92 $659,961.00 $1,847.89 $195,943.00 $548.64 $282,089.00 $789.85 $356,902.00 $999.33 $82,826.00 $231.91 $593,209.00 $1,660.99 $572,734.00 $1,603.66 $317,728.00 $889.64 $339,056.00 $949.36 $13,008.00 $36.42 $273,334.00 $765.34 $11,932,278.00 $33,410.38

5. Continuity of City Boundary. The southern half of the western boundary of the affected territory is adjacent to Happy Valley. The southern, northern and eastern boundary of the affected territory is territory in Damascus. If the affected territory is withdrawn, it would revert back to the jurisdiction of Clackamas County. The affected territory may or may not annex into Happy Valley in the future.

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6. Rights-of-Way. EXHIBIT D shows all parcels and represents the legal descriptions of the parcels. None of the parcels include any portion of the right-of-way. Staff recommends including the full width of the right-of-way for the properties adjacent to territory Happy Valley. The remaining rights-of-ways can be de-annexed if/when the parcels across the roads from the affected territory apply for de-annexation. Staff Recommendation: application. 1.

The Council has several options for addressing this

If the City Council finds that the public interest is furthered, in consideration of the criteria and factors in Metro Code Chapter 3.09 and in ORS Section 222.460, then it is recommended the Council approve the petitions to withdraw the affected territory from the City limits. If the petitions are approved, staff further recommends that, in accordance with the requirements of ORS 222, the City Council adopt the Ordinance and its attendant findings and conditions of approval which are exhibits to the Ordinance, as it may be amended, to approve withdrawal of the territory from the City. The Order shall set the time and place for a final hearing on the Ordinance and set forth the boundaries of the area to be withdrawn.

The City Council may choose to alter the Order and approve with changes.

If the City Council finds that the public interest is not furthered in consideration of the criteria and factors, then staff recommends the Council deny the petitions to withdraw the affected territory from the City limits.

The City Council may also decide not to adopt an Ordinance and take no action. The time then to make a decision will lapse, and the Council can decide if it wants to begin the process again at a later date.

Exhibits: The following are exhibits associated with this application. 1. EXHBIIT A – Legal Description and Map 2. Exhibit B – Map of Tax Lots 3. EXHIBIT D – Right-of-Way Maps

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