(1)

There is hereby established in the City a Wetlands Protection District (WPD), which contains in excess of 300 acres of highly desirable developed and developable land within which there are situated certain natural marshes and wetlands. These natural marshes and wetlands constitute a wildlife habitat and natural resource of important physical, biological, recreational, aesthetic, educational and economic value to the existing and future residents of the City of Tualatin.

(2)

It is the express purpose, objective and intent of this chapter to protect the natural marshes and wetlands of the City occurring within the Wetlands Protection District (WPD), as hereinafter identified and defined, while simultaneously permitting and encouraging development and use of the lands adjacent to these areas that lie within the Wetlands Protection District (WPD) to the fullest extent consistent with those primary planning district classifications that are applicable thereto.

(a)

Accordingly, the Wetlands Protection District (WPD) is hereby divided into three sub-districts. One shall be designated the Wetlands Protected Area (WPA), which contains the natural marshes and wetlands to be protected by this chapter. The other shall be the Sweek Pond Management Area (SPMA) which contains the Sweek Pond and adjacent area planned for environmental, educational and interpretive land uses as authorized by this chapter of the City of Tualatin Development Code. The third shall be designated the Wetlands Fringe Area (WFA), which contains the balance of the land contained in the Wetlands Protection District (WPD) and which is now, or which will be, subject of the development and usage to be permitted and encouraged by this chapter.

(b)

The Wetlands Protection District (WPD) established hereby is an overriding planning district classification; and all conditions and restrictions of land use established by this chapter of the City of Tualatin Development Code shall apply as indicated herein to all lands and areas within the subdistricts above described, in addition to such restrictions and conditions as may be imposed and established in the primary planning district classifications applicable to such lands and areas by reason of the provisions of other chapters of the City's Development Code.

(c)

Where conflicts develop between the provisions of this chapter and the provisions of the primary planning district or other regulations applicable to any specific area, areas or uses subject of this chapter, such conflicts shall be resolved in favor of the purposes, objectives and intent of this chapter above set forth.

(d)

Subject to the provisions of TDC 71.090(4) of this chapter, nothing contained in this Code shall be construed to prohibit or otherwise limit the City of Tualatin from acquiring from any owners of property lying within the Wetlands Protected Area (WPA) any form of interest in, or ownership of, all or any portion of such property by any lawful means for any lawful purpose.

(e)

In the event that the City Council determines, after appropriate public hearings, that the areas contained within the Wetlands Protected Area (WPA) no longer constitute an important wildlife habitat, then the Council shall appropriately amend the Tualatin Comprehensive Plan and render this chapter to be of no further force or effect. The City shall notify the U.S. Army Corps of Engineers and other federal and state agencies who may have an interest in the Wetlands Protection District (WPD) prior to such action by the City Council.

(Ord. 800-90, § 5, 3-26-90Ord. No. 1450-20 meeting, § 3, 12-14-20)

The Wetlands Protection Area (WPA) is defined to mean and include those land areas lying within the Wetlands Protection District (WPD) that are saturated or inundated by ground water or surface water at such duration or frequency as to support vegetation structurally and physiologically adapted to live in water or water-saturated soil and which provide wildlife habitat, supply primary wildlife production to adjacent waterway ecosystems, improve water quality and constitute the valuable community resources above described. The Sweek Pond Management Area (SPMA) is defined to mean the land and water area within and adjacent to the Sweek Pond which is planned for environmental, educational and interpretive land uses as authorized by this chapter of the City of Tualatin Development Code, subject to the Resource Management Plan. The Wetlands Fringe Area (WFA) is defined to mean and include those lands in the immediate watershed of the Wetlands Protection Area (WPA) that constitute the balance of the area contained within the Wetlands Protection District (WPD) established by this chapter. The physical boundaries of the Wetlands Protection District (WPD), the Wetlands Protected Area (WPA), the Sweek Pond Management Area (SPMA) and the Wetlands Fringe Area (WFA), are hereby fixed and established as shown on Map 71-1.

The Resource Management Plan is defined to mean that plan developed and approved by the Oregon Division of State Lands, the Oregon Department of Fish and Wildlife, the United States Fish and Wildlife Service, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the Wetlands Conservancy, the Audubon Society of Portland and a representative of Emery Zidell. The Resource Management Plan shall encompass at a minimum that portion of the WPA and SPMA within the Zidell property, and shall address wildlife habitat improvement, wetland function, fencing and vegetative screening north of the WPA, storm water quality within the WPA and SPMA, and the specific type and location of uses to be allowed within the Sweek Pond Management Area.

(Ord. 800-90, § 7, 3-26-90)

(1)

The boundaries of the Wetlands Protection Area (WPA) are described as shown on Exhibit N.

(2)

The boundaries of the Sweek Pond Management Area (SPMA) are described as shown on Exhibit O.

(Ord. 800-90, 3-26-90)

Uses located within the Wetlands Protection District (WPD) shall comply with the certification requirements contained in TDC 71.040.

(1)

All applications to the City for permits or approvals to fill or excavate, to construct buildings or other improvements, or to engage in public works upon lands lying within the Wetlands Protection District (WPD) which are otherwise required by City ordinance shall be accompanied by a written certification by a qualified engineer, licensed by the State of Oregon, which certification shall contain the following:

(a)

A statement that the activities subject to such application will conform to the environmental standards herein set forth;

(b)

Proposed construction methods and schedule; and

(c)

The basis upon which the engineer has founded the statements contained in such certification.

(2)

Prior to issuing any approval or permit, the City may transmit the applicant's certification to the U.S. Army Corps of Engineers and/or the Oregon State Department of Fish and Wildlife for comment. The City shall use the comments, if any, received by it from these agencies to evaluate the applicant's certification; and, predicated thereon, the City may, within 45 days from the date of its submission by the applicant, direct modification or deny the adequacy of the certification, in writing, delivered or mailed to the applicant, wherein the City shall set forth the specific basis upon which it has denied or directed modification of such certification.

(3)

Unless the City acts affirmatively to approve, deny or modify the certification within the time limit above set forth, the certification shall be deemed approved for all purposes. Pending such approval, no excavation of any kind excepting soil or ground water testing shall be permitted upon the property subject to such certification.

(Ord. 800-90, § 7, 3-26-90)

Appeals shall be conducted pursuant to the procedure defined herein by TDC 31.076 and 31.077.

(Ord. 743-88, § 22, 3-28-88)

All construction or development, including excavation or filling, or the use of any land within the Wetlands Protection District (WPD), shall conform to the environmental standards required by TDC 71.061 to 71.066.

(Ord. 800-90, 3-26-90)

(1)

Except as otherwise provided for herein, all permanent surface structures and other surface improvements located adjacent to the Wetlands Protected Area (WPA) shall be set back not less than 40 feet from the boundary of the Wetlands Protected Area (WPA) established in accordance with the provisions of this chapter.

(2)

Where buildings or other surface structures are placed on or immediately adjacent to the outer edge of the setback area, and where means of emergency access or egress is required to be furnished to or from the sides of such buildings or structures that adjoin or face the Wetlands Protected Area (WPA), such means of access or egress may be provided within the setback area.

(3)

Except as otherwise provided herein or in the Resource Management Plan, no setback for permanent surface structures and other surface improvements is required from the boundary of the Sweek Pond Management Area (SPMA).

(Ord. 800-90, § 7, 3-26-90)

Excavation, filling and earth-moving activities are permitted within the Wetlands Protection District (WPD), subject to the following restrictions:

(1)

Within the Wetlands Protected Area (WPA), temporary dredging, filling, de-watering or other activities may be undertaken in order to place, install, service or maintain utilities or similar improvements within or across the area only during such periods and in such manner as to reduce as much as reasonably practicable the significant detrimental effects, if any, such activities may have on wildlife within, or on the hydrological integrity of the area.

(2)

Within the Wetlands Fringe Area (WFA), excavation and filling shall be allowed in all areas for purposes related to its full development and use in accordance with applicable primary planning district classifications and for purposes of increasing or decreasing the elevations within such area to, or in excess of, the level of the so-called "100-year flood plain"; provided, however:

(a)

Excavation or filling in the Wetlands Fringe Area (WFA) shall not, when completed, result in significant increase or decrease in the volume of surface water that will thereafter flow or discharge into the Wetlands Protected Area (WPA) from the Wetlands Fringe Area (WFA).

(b)

All excavation, filling or other earth-moving activities within the Wetlands Fringe Area (WFA) shall be conducted in such a manner that erosion and silting of surface water runoff into the Wetlands Protected Area (WPA) will not take place. Where upland areas are exposed and subject to erosion due to such excavation, filling or other earth-moving activities, temporary grass cover or other soil stabilizing vegetation shall be established immediately upon completion of such activities if such exposure and erosion will result in erosion or siltation of any portion of the Wetlands Protected Area (WPA).

(3)

Where necessary or desired in order to fully utilize all land lying in the Wetlands Fringe Area (WFA), or for the purpose of the installation or maintenance of subsurface improvements located thereon, fill, excavation or other earth-moving activities shall be permitted within the setback area above described; provided that, upon completion of such activities, the profile of the setback area shall conform with the characteristics of a "Type A" or "Type B" development setback, as depicted by Figure 71-1.

(a)

Fill materials placed in the setback area shall consist of topsoil of suitable nature and character to allow re-vegetation in accordance with the provisions of TDC 71.064, or, in the alternative, where topsoil is not utilized for purposes of fill, the materials that are utilized as fill shall be covered with topsoil to a depth of at least 12 inches where the underlying fill material is heavily compacted.

(b)

Quatoma, Woodburn or Hillsboro loam, when identified within the setback area or upon adjacent land inside the Wetlands Fringe Area (WFA) by the U.S. Soil Conservation Service or by other reliable means, shall be suitable in nature and character to serve as topsoil for purposes of allowing re-vegetation of soil surfaces altered by filling, excavation or other earth-moving activities undertaken within the set-back area, or elsewhere within the Wetlands Fringe Area (WFA) in accordance with the requirements of the provisions of TDC 71.064. Where other types of soils or materials are proposed for use as topsoil in accordance with this subsection, the same shall be of a type and character that will promote rapid propagation and growth of vegetation which will provide food, cover and nesting areas for wildlife, as well as a visual barrier or screen between the Wetlands Protected Area (WPA) and adjacent uplands.

(c)

Cove clay and silty clay loam shall not be used for purposes of providing any topsoil cover required to be placed within the setback area after filling, excavation or other earth-moving activities.

(d)

Placement of landfill and topsoil within the setback area should be accomplished before September 15 in order to provide adequate opportunity for re-vegetation to occur during the ensuing growing season. Pending permanent re-vegetation in accordance with the requirements of TDC 71.064, filled areas within the setback area should be planted with temporary grass cover, winter cereal grains (broadcast at a rate of not less than 100 pounds per acre), or other soil-stabilizing vegetation for fast and effective control of any erosion or siltation that will occur in the Wetlands Protected Area (WPA) if stabilization is not effected in such areas.

(4)

Within the Sweek Pond Management Area (SPMA) filling, de-watering or other activities may be undertaken in order to place, install, service or maintain utilities or similar improvements, subject to the Resource Management Plan. The work will be accomplished in such manner as to reduce as much as reasonably practicable the significant detrimental effects, if any, such activities may have on wildlife within, or on the hydrological integrity of the area.

(Ord. 800-90, § 7, 3-26-90)

During the course of development, site preparation, construction of any improvements, or usage of lands lying within the Wetlands Fringe Area (WFA) or the Sweek Pond Management Area (SPMA), the introduction of storm drainage, surface and roof runoff into the Wetlands Protection Area (WPA) and the Sweek Pond Management Area (SPMA) shall only occur when such runoff is substantially free of silt, debris, oil or other materials injurious to plants or wildlife in the Wetlands Protected Area and the Sweek Pond Management Area (WPA and SPMA).

(1)

All apparent and potential sources of storm drainage and surface runoff contamination located within the Wetlands Fringe Area (WFA) and the Sweek Pond Management Area (SPMA) such as operating areas, and equipment cleaning and maintenance area, shall have curbs and be drained into impoundment areas or a waste treatment system in such a manner that no contaminated storm drainage or surface runoff originating in such areas will be discharged directly into the Wetlands Protected Area (WPA) or Sweek Pond Management Area (SPMA) without treatment that would render such drainage uncontaminated.

(2)

No solid wastes that are known to be toxic to vegetation or wildlife within the Wetlands Protected Area (WPA) and the Sweek Pond Management Area (SPMA) shall be permanently stored or disposed of within the Wetlands Fringe Area (WFA) or Sweek Pond Management Area (SPMA).

(3)

No pesticides shall be used in the Wetlands Protected District before the type, duration and manner of use have been approved by the Oregon Department of Environmental Quality.

(4)

To prevent soil movement into, or erosion within, the Wetlands Protected Area and the Sweek Pond Management Area (WPA and SPMA) as a result of drainage from adjacent upland areas within the Wetlands Fringe Area (WFA) and Sweek Pond Management Area (SPMA) during the course of development, site preparation, construction of improvements or use, a combination of filters or diversions or other appropriate means to be specified by an engineer shall be employed where necessary in order to supplement soils stabilization that will result from re-vegetation as otherwise provided for and described in TDC 71.062(2) and 71.064.

(Ord. 800-90, § 7, 3-26-90)

(1)

Vegetation occurring within the Wet-lands Protected Area (WPA) and the Sweek Pond Management Area (SPMA) shall not be degraded or damaged except as a result of activities otherwise permitted by this chapter.

(2)

Vegetation occurring within the Wetlands Fringe Area (WFA) may be removed or altered at any time during the course of development, site preparation, construction of improvements or usage, when reasonably required for any of such purposes, subject to the following:

(a)

Areas where vegetation has been removed or altered incidental to construction or development of land areas within the Wetlands Fringe Area (WFA) lying outside the setback area, which are not otherwise committed and used as the location or site of surface improvements associated with the development or use of the property, shall be seeded or planted to reestablish a vegetation cover compatible with the adjacent wetland habitats insofar as practicable.

(b)

Areas where vegetation has been removed or altered incidental to development or usage of land areas within the Wetlands Fringe Area (WFA) which occurs by reason of filling, excavation or other activities undertaken within the setback areas, shall be seeded or planted so as to effect eventual reestablishment of vegetation, if practicable, of the character, type and density that occurred in the areas affected prior to such removal or alteration.

(c)

Owners and occupiers of land lying within the setback area upon which vegetation has been disturbed as a result of development, site preparation, construction of improvements or use shall permit access to such areas by public agencies, resource management groups and environmental interest groups approved by the City for purposes of entry and the conduct of activities designed or intended to effect the seeding, planting and maintenance of vegetation within the setback area in addition to, or in lieu of, the vegetation to be placed therein in accordance with TDC 71.064(2)(b) in the nature of trees, shrubs or other vegetation forms that will provide food, cover and nesting areas for wildlife and which may also provide a visual barrier or screen between the boundary of the Wetlands Protected Area (WPA) and adjacent upland areas. No such activity shall be authorized or permitted where the same or the effects thereof may materially impair or damage the structural integrity or usefulness of landfill occurring within such area, or which may enhance the area's susceptibility to erosion or damaging surface or subsurface water flow, or which may damage, or impair the usefulness of, utilities or other improvements lying within or adjacent to the area otherwise permitted under the terms of this chapter.

(d)

Re-vegetation as required by the provisions of this section shall begin as soon as practicable, but in no event later than 60 days, after cessation of development, unless otherwise approved by the City. Such re-vegetation shall be deemed to comply with the requirements of this chapter if approved or recommended as to type, species and placement by either the U.S. Soil Conservation Service or the Oregon Department of Fish and Wildlife.

(3)

Land areas within the Wetlands Fringe Area (WFA) that lie outside the 40-foot setback area and which are not otherwise committed to development or use in connection with the intended development or use to be made of such areas by the owners, developers or occupiers thereof, shall be left, insofar as practicable, in their natural state for so long as such development or use does not require their alteration. Subject to the limitations set forth in TDC 71.064(2)(c), access shall be afforded to public agencies, resource management groups and environmental interest groups approved for purposes of planting and maintenance of vegetation within such areas that will afford food, cover and nesting areas for wildlife indigenous to the Wetlands Protected Area (WPA) except where such entry or activities are unsafe or may damage the property or security of adjacent developed areas. Any such vegetation shall be subject to removal at a later date, should such areas be required or involved in future development.

(4)

There shall be included in the statement of proposed construction methods and schedule required as part of the certification by TDC 71.040 of this chapter, a landscaping and re-vegetation plan and schedule, which shall set forth in reasonable detail the means by which the applicant(s) for any building permits, subdivision approvals or public works permits within the Wetlands Protection District (WPD) shall comply with the requirements of this section.

(Ord. 800-90, 3-26-90)

Except as otherwise provided for, or permitted, by the provisions of this chapter, and subject to the provisions of the Resource Management Plan, no permanent use of the Wetlands Protected Area (WPA) will be allowed other than passive nature study, wildlife protection and enhancement, the north-south collector road (90th Avenue) and pedestrian bridge through the Zidell property (2S1—23-100), and other activities compatible with the intent, purposes and objectives of this chapter above set forth. The pedestrian bridge shall be located within 300 foot wide corridor west of the Pratt-Broome property (2S1—23-100).

Except as otherwise provided for, or permitted by the provisions of this chapter (and subject to the Resource Management Plan), no permanent use of the Sweek Pond Management Area (SPMA) will be al-lowed other than the following uses:

• Public uses;

• Habitat protection;

• Water supply protection;

• Enhancement;

• Restoration;

• Wetland resource protection;

• Historic houses such as the ("Hedges House") relocation;

• Environmental educational facility;

• Gardens;

• Landscaping;

• Trails;

• Parking lot;

• Lighting;

• Signing;

• Picnic facilities;

• Boardwalk with viewing platform into Sweek Pond;

• Access road east of Pond area; and

• Other uses deemed to be consistent with the Resource Management Plan.

All uses in the WPA and SPMA will be subject to the following provisions:

(1)

Such permitted uses shall be in all cases and at all times remain subject to the provisions of TDC 71.090(2) and (3) of this chapter and to such other or further restrictions or conditions as may be, or become, reasonably necessary to afford to the owner(s) or to others entitled to possession or control of the area reasonable assurance that they will suffer or incur no loss, damage, expense or liability of any kind by reason of such uses or any activities undertaken in connection therewith.

(2)

No discharge of firearms, trapping, poisoning, or intentional destruction of wildlife shall be permitted in the Wetlands Protection District (WPD).

(3)

Annual monitoring of the number of plant and animal species and the number within each species occurring within the Wetlands Protection Area (WPA) and 40-foot setback within the Wetlands Fringe Area (WFA) may be undertaken by conservation groups under the supervision, or with the approval, of the Oregon Department of Fish and Wildlife.

(4)

Uses occurring within the Wetlands Fringe Area (WFA) shall be restricted to those uses allowed by the primary planning district classifications and standards.

(5)

Structures and other permanent improvements to land lying adjacent to the boundary of the Wetlands Protected Area (WPA) and Sweek Pond Management Area (SPMA) shall be located as far removed from such boundary as is consistent with the development objectives and plans of the owners or developers of such adjacent property, subject in all cases to the provisions of TDC 71.061 of this chapter.

(6)

Where upland development occurs and immediately adjacent to the Wetlands Protected Area (WPA) and the 40-foot set-back provided for by TDC 71.061, such development and usages associated therewith shall be effected in such a manner as to minimize to the greatest extent practicable, consistent with full development and usage of the Wetlands Fringe Area (WFA), disturbance of recognized valuable wildlife forms within the Wetlands Protected Area (WPA) by automobile, truck and pedestrian traffic, shipping and receiving activities, trash and refuse pickup or disposal activities, and outdoor production or manufacturing operations.

(Ord. 800-90, § 7, 3-26-90; Ord. 1354-13§ 9, 02-28-13)

If degradation of the wildlife habitat within the Wetlands Protected Area (WPA) occurs despite protective work accomplished complying with an approved certification statement pursuant to TDC 71.040, and such degradation is caused by an overburdening by an Act of God of the protective methods so approved; then the owners, occupiers, or users of the land where said degradation originated shall not be liable for such adverse effects on the Wetland Protected Area (WPA). After an Act of God, said owner, occupiers, or users shall immediately take steps to conform to the provisions of this chapter. An Act of God, for the purposes of this section, shall be extreme climatic conditions which include, but are not limited to, a rain storm in excess of the 25-year frequency storm, extremely long periods of drought or freezing weather, or damage caused by wildfires or unusual insect infestations.

(Ord. 800-90, § 7, 3-26-90)

All crossings of the Wetland Protection District have been completed and no additional crossings are contemplated.

(Ord. 800-90, § 7, 3-26-90; Ord. 1354-13 § 10, 02-25-13)

Where otherwise required by City ordinance, no permit or approval shall be issued for the filling or excavation of land, or the construction, alteration, enlargement or modification of any building, structure or improvement, within the Wetlands Fringe Area (WFA), until all the terms and provisions of this chapter have been satisfied, which satisfaction shall be evidenced by approval of the certification required by TDC 71.040.

(1)

The Building Official is hereby authorized and directed to inspect such filling or excavation of land and the construction of all such improvements, alterations and/or modifications while the same are in process at such intervals and in such manner as will enable such officer to determine whether or not the terms and conditions of this chapter are being observed by the applicant.

(2)

If, at any time during the course of such filling, excavation or construction, the Building Official determines that the work is not being done in conformity with the approved certification, plans and permits, a stop-work order may be issued to the applicant, his agents, or any other person in control of such activities.

(3)

Upon receipt of such a stop-work order, all activities enumerated therein shall immediately cease until such time as the circumstances giving rise to the issuance of such order are corrected or the order is withdrawn, whichever event occurs first.

(4)

It shall be unlawful for the recipient of a stop-work order to initiate or continue any activities proscribed and enumerated therein and, upon conviction for violation of this subsection, the recipient of such stop-work order shall be subject to fine as provided herein pursuant to TDC 31.111.

(Ord. 800-90, § 7, 3-26-90)

(1)

Owners of land within the Wetlands Protected Area (WPA), their agents, successors in interest and assigns shall be and are hereby relieved of all and any duty or obligation to manage, protect or maintain any portion of their property lying within the Wetlands Protected Area (WPA) except as required by virtue of the provisions of this chapter, unless they shall specifically assume responsibility for such management, protection or maintenance in writing filed with the City Engineer, and except as required by reason of their status as riparian owners of such property.

(2)

All persons entering or conducting activities upon, or departing from, lands within the Wetlands Protected Area (WPA), shall enter or conduct such activities thereon or depart therefrom at their sole risk and jeopardy. Neither the City of Tualatin nor any owner(s) of any land within said Wet-lands Protected Area (WPA) shall incur liability for any form of loss or damage to property, or for any form of injury to persons, or death, occurring during, or attributable to, entry upon, or activities undertaken within, or departure from, said lands unless caused by the active negligence, willful misconduct, or criminal activity of the City or such owner(s). Printed notice containing the provisions of this subsection shall be prepared, posted and maintained at the expense of the City in at least one conspicuous location at or near each point or place that may be or become a customary or commonly used means of access to the Wetlands Protected Area (WPA).

(3)

Where property lying within the Wetlands Protection District (WPD) is severed or divided by areas lying within the Wetlands Protection Area (WPA) to an extent that access to one or more portions of such property lying outside the Wetlands Protected Area (WPA) is, or becomes, practically impossible by means of surface vehicular traffic or rail access, construction of alternative public means of access to such severed property shall be coordinated and supported by the City of Tualatin, subject to the Tualatin Transportation Plan.

(4)

Neither the City of Tualatin nor any agency, public or private, nor any person, firm or organization, public or private, shall have or acquire by any means other than written conveyance, license, or permit, voluntarily granted by the lawful owner thereof, any property interest in or to any portion of the lands lying within the Wetlands Protected Area (WPA) by operation of law, condemnation, adverse possession, permissive user, prescription or otherwise.

(Ord. 800-90, 3-26-90)

EXHIBIT F
March 21, 1990
LEGAL DESCRIPTION
FOR ZIDELL

45 FOOT ROAD CORRIDOR THROUGH WETLANDS PROTECTED AREA:

That portion of the Northeast quarter of Section 23, Township 2 South, Range 1 West, Willamette Meridian, City of Tualatin, Washington County, Oregon, described as follows:

BEGINNING at a point on the East line of the Northeast quarter of Section 23 marked by a ⅝ inch iron rod set in Washington County Survey number 20550, said iron rod being located 855.00 feet North of the East quarter corner of said Section 23;

THENCE North along said East line of the Northeast quarter of said Section 23, 141.00 feet to a ⅝ inch iron rod;

THENCE South 85° 35' 36" West 141.04 feet to a ⅝ inch iron rod;

THENCE North 87° 40' 52" West 179.83 feet to a ⅝ inch iron rod;

THENCE North 67° 29' 21" West 140.78 feet to a ⅝ inch iron rod;

THENCE North 44° 18' 12" West 121.60 feet to a point on the arc of a 477.50 foot radius non-tangent curve to the right (said point being on the Westerly right-of-way line of a proposed 45 foot road) and the TRUE POINT OF BEGINNING;

THENCE South 76° 07' 50" East 32.43 feet to a ⅝ inch iron rod;

THENCE South 43° 00' 21" East 14.26 feet to a point on the arc of a 522.50 feet radius non-tangent curve to the left (being on the Easterly right-of-way line of a proposed 45 foot road);

THENCE following the arc of said 522.50 foot radius curve to the left, the radial bearing of which bears North 63° 33' 04" West, through a central angle of 10° 00' 11" an arc distance of 91.22 feet, the long chord of which bears North 21° 26' 51" East for a chord distance of 91.11 feet;

THENCE North 44° 18' 12" West 52.36 feet to the TRUE POINT OF BEGINNING.

It is the intent of the above description to create a 45 foot corridor through a portion of the Wetlands Protected Areas as shown on Washington County surveys number 20550 and number 20819, and adopted by the City Council of the City of Tualatin under Resolution Number 1434-84.

EXHIBIT G
March 19, 1990
LEGAL DESCRIPTION
FOR ZIDELL

PEDESTRIAN CORRIDOR THROUGH THE WETLANDS PROTECTED AREA:

That portion of the Northeast quarter of Section 23, Township 2 South, Range 1 West, Willamette Meridian, City of Tualatin, Washington County, Oregon, described as follows:

BEGINNING at a point on the East line of the Northeast quarter of Section 23 marked by a ⅝ inch iron rod set in Washington County survey number 20550, said iron rod being located 855.00 feet North of the East quarter corner of said Section 23;

THENCE South along said East line of the Northeast quarter of Section 23 37.21 feet to a ⅝ inch iron rod set in Washington County survey number 20819 to mark the boundary of the amended Wetlands Protected Area as adopted by the City Council of the city of Tualatin under Resolution Number 1434-84;

THENCE following the boundary of the amended Wetlands Protected Area, South 59° 47' 08" West 63.50 feet to a ⅝ inch iron rod;

THENCE South 65° 48' 33" West 40.57 feet to a ⅝ inch iron rod;

THENCE South 37° 51' 17" West 69.35 feet to a ⅝ inch iron rod;

THENCE South 77° 50' 14" West 184.70 feet to a ⅝ inch iron rod;

THENCE South 56° 36' 32" West 197.63 feet to a ⅝ inch iron rod;

THENCE South 59° 34' 53" West 236.68 feet to a ⅝ inch iron rod and the TRUE POINT OF BEGINNING;

THENCE South 36° 50' 45" West 257.07 feet to a ⅝ inch iron rod;

THENCE leaving the boundary of said Wetlands Protected Area, North 26° 29' 21" West 326.86 feet to a point on the North line of the proposed amended boundary of the Wetlands Protected Area;

THENCE North 80° 52' 10" East 181.29 feet to a ⅝ inch iron rod at an angle point in the Original Wetlands Protected Area boundary;

THENCE following the boundary of the Wetlands Protected Area North 29° 08' 40" East 107.90 feet to a ⅝ inch iron rod;

THENCE North 45° 47' 30" East 25.62 feet;

THENCE leaving the boundary of the Wetlands Protected Area South 00° 04' 00" East 194.12 feet more or less, regardless of footage, to the Southwest corner of the "Sweek Estate" as shown on Washington County survey number 22785;

THENCE South 56° 01' 04" East 60.08 feet more or less, regardless of footage, to a ⅝ inch iron rod at the TRUE POINT OF BEGINNING.

EXHIBIT N
February 26, 1990
LEGAL DESCRIPTION
FOR ZIDELL

AMENDED BOUNDARY OF WETLANDS PROTECTED AREA:

That portion of Section 23, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows:

BEGINNING at a point on the East line of the Northeast quarter of said Section 23, marked by a ⅝ inch iron rod set in Washington County survey number 20550, said iron rod being located 855.00 feet North of the East quarter corner of said Section 23;

THENCE along the East line of the Northeast quarter of said Section 23, North 141.00 feet to a ⅝ inch iron rod;

THENCE South 85° 35' 36" West 141.04 feet to a ⅝ inch iron rod;

THENCE North 87° 40' 52" West 179.83 feet to a ⅝ inch iron rod;

THENCE North 67° 29' 21" West 140.78 feet to a ⅝ inch iron rod;

THENCE North 44° 18' 12" West 121.60 feet to a point on the arc of a non-tangent 477.50 foot radius curve to the right (being the Westerly right-of-way line of a proposed 45 foot road);

THENCE along the arc of said 477.50 foot radius non-tangent curve to the right, the radial bearing of which bears North 76° 37' 33" West through a central angle of 13° 19' 19" an arc distance of 111.03 feet;

THENCE South 76° 07' 50" East 32.43 feet to a ⅝ inch iron rod;

THENCE South 43° 00' 21" East 86.15 feet to a ⅝ inch iron rod;

THENCE South 17° 53' 21" West 57.97 feet to a ⅝ inch iron rod;

THENCE South 51° 04' 18" West 108.35 feet to a ⅝ inch iron rod;

THENCE South 42° 13' 03" West 179.52 feet to a ⅝ inch iron rod;

THENCE South 45° 47' 30" West 65.28 feet to a ⅝ inch iron rod;

THENCE South 29° 08' 40" West 107.90 feet to a ⅝ inch iron rod;71.090

THENCE South 80° 52' 10" West 359.44 feet to a ⅝ inch iron rod;

THENCE North 80° 23' 48" West 113.56 feet to a ⅝ inch iron rod;

THENCE North 87° 34' 44" West 136.49 feet;

THENCE South 09° 56' 49" West 289.60 feet to a ⅝ inch iron rod;

THENCE North 87° 40' 51" West 887.38 feet to a ⅝ inch iron rod on the West line of the Northeast quarter of said Section 23, the last mentioned ⅝ inch iron rod being North 00° 02' 13" East 300.89 feet from a ¾ inch iron pipe set for the center of said Section 23 in Washington County survey number 18174;

THENCE along the West line of the Northeast quarter of said Section 23, South 00° 02' 13" West 50.89 feet to the Northeast corner of that tract of land described in Exhibit A in a conveyance from THE NATURE CONSERVANCY to THE WETLANDS CONSERVANCY recorded as Document Number 82007596, deed records;

THENCE South 74° 51' 42" West 348.14 feet to the Northwest corner of said tract de-scribed in Exhibit A, Document Number 82008596, deed records;

THENCE South 82° 55' 14" West 331.85 feet to a ⅝ inch iron rod;

THENCE South 57° 57' 41" West 227.20 feet to a ⅝ inch iron rod on the South line of the Northwest quarter of said Section 23, the last mentioned ⅝ inch iron rod being South 89° 50' 38" West 857.82 feet from a ¾ inch iron pipe set for the center of said Section 23 in Washington County survey number 18174;

THENCE South 05° 39' 10" West 182.09 feet to a ⅝ inch iron rod;

THENCE South 54° 21' 48" West 222.00 feet to a ⅝ inch iron rod;

THENCE South 57° 56' 29" West 199.67 feet to a ⅝ inch iron rod;

THENCE South 71° 29' 00" West 253.84 feet to a ⅝ inch iron rod;

THENCE South 64° 33' 57" West 258.50 feet to a ⅝ inch iron rod at the Northeast corner of Lot 15, Premier Industrial Park;

THENCE North 69° 11' 24" West 275.29 feet to a ⅝ inch iron rod;

THENCE South 82° 57' 08" West 172.29 feet to a ⅝ inch iron rod at the Westerly point of curve return in Lot 13; Premier Industrial Park;

THENCE North 89° 47' 48" West 59.99 feet to a ⅝ inch iron rod at the Easterly point of curve return in Lot 8, Premier Industrial Park;

THENCE North 25° 15' 57" West 81.02 feet to a ⅝ inch iron rod;

THENCE North 85° 30' 35" West 428.39 feet to a ⅝ inch iron rod on the West line of said Section 23, the last mentioned ⅝ inch iron rod being South 00° 02' 07" West 417.51 feet from the West quarter corner of said Section 23 as monumented in U.S.B.T. Book 2, page 272, entry 348;

THENCE along said West line of Section 23, South 00°02' 07" West 82.49 feet to a ⅝ inch iron rod;

THENCE South 84° 12' 26" East 391.63 feet to a ⅝ inch iron rod;

THENCE South 77° 57' 12" East 185.48 feet to a ⅝ inch iron rod;

THENCE North 71° 24' 09" East 96.33 feet to a ⅝ inch iron rod;

THENCE South 59° 46' 28" East 104.95 feet to a ⅝ inch iron rod;

THENCE South 42° 55' 31" East 288.07 feet to a ⅝ inch iron rod on the East line of said Lot 15;

THENCE South 83° 40' 44" East 161.47 feet to a ⅝ inch iron rod;

THENCE South 78° 09' 04" East 391.63 feet to a ⅝ inch iron rod;

THENCE North 10° 17' 21" East 148.83 feet to a ⅝ inch iron rod;

THENCE South 88° 39' 19" East 240.85 feet to a ⅝ inch iron rod;

THENCE North 80° 34' 09" East 248.18 feet to a ⅝ inch iron rod;

THENCE North 06° 41' 12" West 337.06 feet to a ⅝ inch iron rod;

THENCE South 89° 24' 20" East 435.53 feet to a ⅝ inch iron rod;

THENCE South 70° 18' 52" East 139.25 feet to a ⅝ inch iron rod;

THENCE South 22° 46' 10" East 122.94 feet to a ⅝ inch iron rod;

THENCE South 88° 53' 27" East 141.72 feet to a ⅝ inch iron rod;

THENCE South 86° 03' 20" East 12.82 feet to a point on the East line of the Southwest quarter of said Section 23, the last mentioned point being South 00° 02' 13" West 551.10 feet from a ¾-inch iron pipe set for the center of said Section 23 in Washington County survey number 18174;

THENCE continuing South 86° 03' 20" East, 78.79 feet to a ⅝ inch iron rod;

THENCE North 89° 33' 02" East 106.35 feet to a ⅝ inch iron rod;

THENCE North 03° 39' 34" West 344.73 feet to a ⅝ inch iron rod;

THENCE North 41° 23' 53" East 122.42 feetto a ⅝ inch iron rod;

THENCE South 86° 55' 31" East 518.95 feet to a ⅝ inch iron rod;

THENCE South 81° 47' 42" East 265.97 feet to a ⅝ inch iron rod;

THENCE South 22° 36' 05" East 127.44 feet to a ⅝ inch iron rod;

THENCE continuing South 22° 36' 05" East 20.00 feet;

THENCE North 84° 34' 12" East 190.04 feet;

THENCE North 72° 06' 06" East 188.70 feet;

THENCE North 30° 07' 44" East 129.61 feet to a ⅝ inch iron rod;

THENCE continuing North 30° 07' 44" East 83.78 feet to a ⅝ inch iron rod;

THENCE North 31° 57' 59" East 303.53 feet to a ⅝ inch iron rod;

THENCE North 59° 24' 27" East 102.67 feet to a ⅝ inch iron rod;

THENCE North 36° 50' 45" East 257.07 feet to a ⅝ inch iron rod;

THENCE North 59° 34' 53" East 236.68 feet to a ⅝ inch iron rod;

THENCE North 56° 36' 32" East 197.63 feet to a ⅝ inch iron rod set in Washington County survey number 20819 to amend the boundaries of the Wetlands Protected Area as adopted by the City Council of Tualatin by Resolution Number 1434-84;

THENCE following the boundary of said amended Wetlands Protected Area, North 77° 50' 42" East 184.70 feet to a ⅝ inch iron rod;

THENCE North 37° 51' 17" East 69.35 feet to a ⅝ inch iron rod;

THENCE North 65° 48' 33" East 40.57 feet to a ⅝ inch iron rod;

THENCE North 59° 47' 08" East 63.50 feet to a ⅝ inch iron rod on the East line of the Northeast quarter of Section 23;

THENCE North along said East line of the Northeast quarter 37.21 feet to a ⅝ inch iron rod at the POINT OF BEGINNING.

ALSO, that portion of Section 22, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, designated as the "WETLANDS PROTECTED AREA" in Washington County survey number 20550, which survey, by reference is made a part of this legal description as follows:

BEGINNING at the East quarter corner of said Section 22 as monumented in U.S.B.T. Book 2, page 272, entry number 348;

THENCE along the East line of the Southeast quarter of said Section 22, South 00° 02' 07" West 500.00 feet to a ⅝ inch iron rod;

THENCE North 87° 26' 13" West 150.00 feet to a ⅝ inch iron rod;

THENCE North 02° 33' 47" East 40.00 feet to a ⅝ inch iron rod;

THENCE North 87° 26' 13" West 500.00 feet to a ⅝ inch iron rod;

THENCE South 02° 33' 47" East 40.00 feet to a ⅝ inch iron rod;

THENCE North 87° 26' 13" West 670.49 feet to a ⅝ inch iron rod on the East line of the West half of the Southeast quarter of said Section 22;

THENCE along the East line of said West half, North 00° 09' 17" East 436.49 feet to a ⅝ inch iron rod on the South line of that tract of land conveyed by August Guetz to Henry Saxton by deed recorded in Book "P" page 151, said point being the Southwest corner of Lot 17, Glenmorage Park;

THENCE North 00° 02' 15" East along the West boundary of said Lot 17, a distance of 88.51 feet, to the Northwest corner of said Lot 17, said point being on the Southerly right-of-way of the Southern Pacific Railroad;

THENCE along the Northerly line of said Lot 17, and said Southerly right-of-way, North 67° 35' 15" East 86.52 feet to a ½ inch iron rod;

THENCE leaving said Northerly line, and said Southerly right-of-way, South 127.36 feet to a ½ inch iron rod;

THENCE continuing South 5.04 feet to a point on the Southerly line of said Glenmorag Park, said line also being the Southerly line of said Saxton tract;

THENCE along the Southerly line of said Glenmorag Park and said Saxton tract the following courses: South 82° 14' 45" East 855.49; thence North 71° 29' 15" East 411.91 feet to the East quarter corner of said Section 22 and the POINT OF BEGINNING.

EXHIBIT O
March 19, 1990
LEGAL DESCRIPTION
FOR ZIDELL

SWEEK POND MANAGEMENT AREA:

That portion of the Northeast quarter of Section 23, Township 2 South, Range 1 West, Willamette Meridian, City of Tualatin, Washington County, Oregon, described as follows:

BEGINNING at a point on the East line of the Northeast quarter of Section 23 marked by a ⅝ inch iron rod set in Washington County Survey number 20550, said iron rod being located 855.00 feet North of the East quarter corner of said Section 23;

THENCE North along said East line of the Northeast quarter of said Section 23, 141.00 feet to a ⅝ inch iron rod;

THENCE South 85° 35' 36" West 141.04 feet to a ⅝ inch iron rod;

THENCE North 87° 40' 52" West 179.83 feet to a ⅝ inch iron rod;

THENCE North 67° 29' 21" West 140.78 feet to a ⅝ inch iron rod;

THENCE North 44° 18' 12" West 121.60 feet to a point on the arc of a 477.50 foot radius non-tangent curve to the right (said point being on the Westerly right-of-way line of a proposed 45 foot road) and the TRUE POINT OF BEGINNING;

THENCE following the arc of said 477.50 radius curve to the right, the radial bearing of which bears North 76° 36' 33" West, through a central angle of 18° 20' 06", an arc distance of 152.80 feet, the long chord of which bears South 22° 32' 32" West for a chord distance of 152.15 feet;

THENCE North 76° 04' 43" West 55.05 feet;

THENCE South 78° 16' 53" West 91.31 feet;

THENCE North 80° 48' 48" West 157.49 feet;

THENCE North 73° 32' 26" West 109.70 feet;

THENCE North 74° 53' 44" West 81.53 feet;

THENCE North 10° 09' 15" West 124.85 feet;

THENCE North 08° 21' 31" East 94.04 feet;

THENCE North 37° 07' 48" East 141.70 feet to a ⅝ inch iron rod marking the South-west corner of a 5.00 foot strip dedicated to the City of Tualatin under Washington County Fee Number 87054114 as set in Washington County survey number 22785;

THENCE North 88° 42' 42" East 458.98 feet to a ⅝ inch iron rod at the Southeast corner of said 5.00 foot strip;

THENCE North 01° 17' 18" West 5.00 feet to a ⅝ inch iron rod on the South boundary of the Plat of the Town of Tualatin, a subdivision in said Town, according to the duly recorded Plat thereof;

THENCE North 88° 42' 42" East 14.25 feet to a point on the West right-of-way line of the aforesaid proposed 45 foot road;

THENCE following the West right-of-way line of said proposed road South 01° 10' 49" East 155.93 feet to a point of curvature;

THENCE following the arc of a 477.50 foot radius curve to the right, through a central angle of 14.