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Ordinance No. 65-21 CITY OF TIGARD, ORFGON ORDINANCE No, 65-21 AN ORDINANCE ANNEXING TO THE CITY OF TIGARD, LANDS OF PATERSON ET AL, COMMONLY KNOWN AS THE "PATERSON - WEST TIGARD AREA," WASHINGTON COUNTY, OREGON._ WHEREAS, petitions by owners for the annexation of certain lands within the boundaries of an area located with Sections 2 and 3, T2S, R114 and Sections 34 and 35, T1S, Rltd, W.M., Washington County, Oregon, were duly filed with the City Recorder, said area being legally described on the attached sheet headed "DESCRIPTION" and by reference made a part hereof; and WHEREAS, none of the tracts and ownerships lying within said area so described are within the corporate limits of any other city but lie wholly within the County of Washington, State or Oregon and the whole of said area is contiguous to the City of Tigard, and the owners of various tracts withifi said area consented to said annexa- tion; and WHEREAS, substantially all of the landowners, and not less than two-thirds (2/3) thereof, owning two-thirds (2/3) or more of the area proposed to.be annexed, having two-thirds (2/3) or more of the assessed valuation of all real property within the area pro- posed to be annexed, have consented to the annexation proposal and such consents are on file herein; and WHEREAS,by Ordinanc^ No. 65-19 duly enacted by the City Council on June 14, 1965, the C i; of Tigard did elect to dispense with sub- mitting the annexation proposal to the registered voters of the City, and by said ordinance set Monday, July 12, 1965 at the hour of 8:00 PM at the City Hall, Tigard, Oregon, as the time and place of public hest—,g by the Council of said annexation proposal, at which time and place all registered voters of the City were invited to appear and be heard on the question of said annexation; and WHEREAS, by said Ordinance No. 65-19 the Council of the City of Tigard did proclaim its intention to annex to the City of Tigard all area lying within the boundaries set forth on the attached sheet headed "DESCRIPTION,"said proposal to provide that beginning with the first fiscal year after annexation takes effect, the rate of taxation for city purposes on the property in said area proposed to be annexed shall be according to the following ratios: (a) Fiscal year 1966-67 - 25% ratio of the highest rate of taxation applicable for such year for city purposes to other property within the city. (b) Fiscal year 1967-68 - 50'/ ratio of the highcst rate of taxation applicable for such year for city purposes to other property within the city. (c) Fiscal year 1968-69 - 75% ratio of the highest rate of taxation applicable for such year for city purposes to other property within the city. (d) Beginning with the fiscal year 1969-70 and thereafter, the same rate of taxation applicable each year for city purposes to other property shall apply. Page 1 ORDINANCE No. 65J %` •i ._. WHEREAS, pursuant to said Ordinance No. 65-19, the said hear- ing to be held on Monday, July 12, 1965 at 8:00 p.m., was duly pub- licized by notice published once each week for two successive weeks or three publishings in all, to-wit; on June 24, July 1 and 8, 1965, f in the Tigard Times, a newspaper of general circulation and published in the City of Tigard, Oregon; that an affidavit of such publications was duly filed herein, and that notice of said hearing was further given by posting in four public places within the City of Tigard for a like period, the affidavit of posting of said notice being on file herein; and WHEREAS, the hearing on said annexation proposal as so publi- cized was duly and regularly held at the City Hall, City of Tigard, on July 12, 1965 beginning at 8:00 p.m., whereat those registered voters and other interested persons desiring to be heard, were heard, both in support of and against said proposal, and said hearing was duly closed; and WHEREAS, it appears that all statutory requirements for the g1uiCJfa ti./on of the are, described on the attached sheet headed u .. "DESCRIPTION" and by reference made a part hereof have been fully met and that said area may lawfully be annexed to the City of Tigard by action of the City Council thereof, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That all lands lying within the boundaries set forth on the attached sheet headed "DESCRIPTION," by reference made a part hereof, be, and the same are hereby, annexed to the City of Tigard. and the boundaries of the City of Tigard be, and the same axe, hereby extended to include all of said lands included within the said boundaries. Section 2: That the rate of taxation for City purposes on all prop- erty within the area hereby annexed to the City of Tigard shall be according to the following ratios: (a) Fiscal year 1966-67 - 25% ratio of the highest rate of taxation applicable for such year for City purposes to other property within the City. (b) Fiscal year 1967-68 - 50% ratio of the highest rate of taxation applicable for such year for City purposes to other property within the City. (c) Fiscal year 1968-69 - 75% ratio of the highest rate of taxa- tion applicable for such year for City purposes to other property within the City. (d) Beginning with the fiscal year 1.969-70 and thereafter, the same rate of taxation applicable each year for city purposes to other property shall apply. Section 3: That the Recorder of the City of Tigard be, and she is HEREBY DIRECTED, within 10 days from the date hereof, to make and submit to the Secretary of State of Oregon: a. A certified copy of this ordinance of annexation b. A certified copy of the statement of consent of the land- owners in the territory annexed c. A certified copy of Ordinance No. 65-19 whereby the City Council declared that no election is required in the City, Page 2 ORDINANCE No. 65 - 21 and to file herein the acknowledgment of the Secretary of State of said filing. Section 4: That the Recorder of the City of Tigard be, and she is hereby directed, withi-x 10 days from the date hereof, to file with each of the Department of Revenue and Taxation and the Separtment of Records, of the County of Washington, the following: a. A certified copy of this ordinance of annexation b. A certified copy of Ordinance No. 65-19, and that a copy of this ordinance be directed to the Office of the Washington County Surveyor., and to file herein the acknowledgments of said Departments of said ® filings. Section 5: The annexation hereby ordained shall be effective on the date of filing with the Secretary of State of Oregon the copies of proceedings as in Section 3 hereof required to be filed, and from and after said date the hereinabove described and annexed territory shall be and remain a part of the City of Tigard. PASSED: By the Council, by unanimous vote of all Council members resent, after bein ead three times y title only this2 " day of July, 1965. a � ws Rec r ler city of Tigard APPROVED: By the Mayor, this 12th day of July, 1965. Mayor - City ot T• g } r . Page 3 -'ORDINANCE No. 65 21 L'ESCRIPT.ION .t TRACT is Beginning at the Northeast corner of URON HEIGHTS plat No, 2, s subdivision of record In Washington County, Oreon and running thence S 0'35'W, along the East line thereof, 12. 0 eat; thence N69'58'E. parallol with the division line between the north and south halves of the John L. Hicklin Donation Land Clain No.54 297.83 fast; thence S 27'57'E. 126:57 feet; thence N89'58'E. 7!4.14 feet; thence N 58'14'E. 298.76 feat to a point which bears S 00'021 E. 25.0 feet from said division line; thence N 89'58' It. parallel with said division line, 896.76 feet, more or Iona, to a point which bearo S 00'03 E. 26,0 feet from the Southwest corner of that tract of land conveyed to Clarence B. Benny at ux by dead recorded in Book 381, page 234, Washington County, Oregon Dead Records; thence N 00'02'W. 25.0 feet to the Southwest corner of said BansI tract; thence North along the West line of said Ban* p trect 25 eet to a paint: thence S 9°58'W, parallel with and 23 foot North of said d�vision line 911 feet; thence S 58'W W. 298.76 feet; th�c!S 89058'W. 709.82 feet; thence N27'57'W. 126.57 feet; thence t 89'58'W. 327.75 feet to the East line of LERON HEIGHTS Plat No. 3 ; Ithence S 00'02'E, along said gest line 37.5 feet to the pout of beginning. TG? II; Beginning at a point which is the Southwe+t corner of that tract of land conveyed to Clarence B. Ban eyy st ux by dead recorded in Soots 381 pals 334 Washington County 0:d Records same being in Sec. - , IS, R{W W.M, ; thence N 00'02'W. song t4a wast line of said Sauey tract 165 feet to the Northwest corner thereof; thence N 89'58°E, along the North line of said Baney tract 420 feat more or loss to the center of Tiodaman Road; thence Northeasterly along the center of Tiodeman Road to a point, which point is intersected by a line parallel with and 50 fest North when measured at r ht angles to the North line of said Banetract• thence 2811`58 . 4" feet more or less to a point N OWL.W. 5�S ft. end S 89'38'14, 50 feet from the Northwest corner of the Bonny tract; theme 8 00°02'1. 215 feet to the division line between the Borth and South halves of the John L.HickwAn Donation Land Claim No.34. 13M_W: That portion of Sec. 35, TIA, R1W, W.M. Washington County Oregon, lying East of, along and within fifty (50) feet of the west tine of said Sec.35, and extending from the center- line of S. W. Katherine Way, North to the centerline of S. W. Tiodown Road. Iy; Beginning at a point on the gest line of Sec.35, TLS RIW, W.M. Washington County, Oregon which point is i0 feat north of the Northwest corner of Lot 17 GREENBURG HEIGNf2 ADDITI0N, which point is also on the north line of S.W.0 therine St., thence South along the West line of Lot 17 to the southwest corner tharoof; thence East along the South line of Lot 17 and Lot 14, 330 feet, more or loss, to a point N 89'48'E. 50 feet from the Northwest corner of that tract of land conveyed to David L. Ounbcrg at ux by dead recorded in Book 417 age 452 Dead Records of W#sh- ington County, Oregon; thence N 0O�y5'W. 50 lost- thence 889 48 H. and parallel with the South line of Lots 17 and 14, GREENSURG HMIGPTS ADDITION, 300 feat snore or less, to a point 30 feat Zest of the Wast line of Sac. 2• thence North and parallel to the Wast line of Lot 17, GRXENBURG AEIGNrS ADDITION to the north line of Katherina Street• thence Wast along the north line of Katherine Street to the pont of beginning. TRACT V; LSROH HEIGHTS Plat No.3, according to the duly recorded plat and map thareof, in Washington County, Oregon. TRACT-VI; All that portion of Lots 9 and 12, GRERNBURG HEIMS AW TTION, ZXCEPTING the Horth 104 feat of Lot 9 TIS, R1W, W.M. Washington Counter, Oregon. [[i t 0113 2 :,Vle'JI, G� p_ KNOW ALL l01 8x T}pi98 PRESENTS, That we, the undersigned owners respectively of Che lands with respect to which the here- inaftar described right of way and easement i- a part, hereinafter termed Grantors, for and in consideration of tha sum of One Dollar to each of us paid, and he benefits to inure to iAz by the grant herein contained insofar As each,of'our(respective ownershipk is included within the following described area, do hereby grant bar- gain, sell and convey to J. A. PATERSON, his executors, admints- trators, heirs and assigns, Grantee: A perpetual ri ht of way and easement for roads, the installation o sewer lines, water lines and other utility services on, over and across, under along and withLn that portion of each grantor's lands lying and being within the boundaries of the following described easement area, bounded and described as follows: Beginning at the Northeast corner of LERON HEIGHTS Plat No,2, a :sbd vision of record in Washington County, Oregon and running thence SOO' 35' W, along the East line tAereof 12.50 feet; thence N99' 58' E, parallel with the division line between the north a nd south' halves of the John L. Hicklin Don;tion Land Claim No.54, 297.83 feet- thence S 27'57' E, 126.57 feet• thence N89058' a. f54.14 feet; thence N58' 14' E, 198.76 feet to a point which bears SO0. 02' E 25.0 feet from said division line; thence N890 38' E, parallel with said division line, 896.76 feet more or less to a point f which bears 8 00'02' E 25.0 feet from the Southwest corner of that tract of land conveyed to Clarence B. Baney ea ux by deed recorded in Book 381, page 234 Washington County, Oregon, Deed Records, thonce NO6-02' W. 9 25.0 feet to the Southwest cores r of mid Haney tract; thence Norte: along the West line of said Barfly tract 25 feet to a point; thence South 89*58' West parallel with and 25 feet North of said division line 911 feet, thence S58°14' W. 298.78 feet' thence S89'58' W. 709.A2 Mt; thence N27'57' W. 126.53 feet; thence S89'58' W 327.75 feet to the East line of the tract first herein described; thence S00'02' E. along said East line 37.5 ." feet to the point of beginning. TO HAVE AND TO BOLD the said easement and rights unto the Grantee, his executors, administrators, heirs and assigns forever, SUBJECT TO the express condition upon which this grant is mde, that the Grantee shall pay any and all real and personal property tastes hereafter levied against any rovementincluding-sewer Imes,{(Nater lines or other utilities within ths,e easement area, or against the lands within the eas nt area, by the City of Tigard, prior to such time, if ever, that the Grantorc' other lands abutting upon the easement area may be annexed or otherwise in- a cluded within the corporate boundaries of the City of Tigard. And we, the undersigned Grantors, have made, constituted and appointed, and by these presents do make, constitute and ap- point J. A. PATERSON our true and lawful attorney, in our name, ; t place and stead: 504 ` J ` 63?d (a) To execute such petitions consents and a ,,..gents whatsoever re-aired, in his discretion, or as may be required by the City of Tigard, Oregon, to con- sent to or accomplish, in due course, the annexa- tion of the above described easement area to the = ` City of Tigard, in accordance with Chapter 222, Oregon Revised Statutes; and (b) To execute for us, in our name, place and stead, such instruments as necessary to give, grant and ns y dedicate the said 50-foot strip, in his discretion, to the Puolic for public road nur-poses. X , We give and grant to our said attorney-in-fact, full power = and authority to do and perform any act and thing requisite and necessary, in his discretion, in connection with the foregoing powers, as fully to all intents and purposes as we might do person ,ua i ally. IN WITNESS WEFREOF we have hereunto set our hands and seals 3 ' this ' dey of ,- , 1964. (SEAL) t, SEAL( ) L _ _ J = (SEAL) w� (SEAL) ' (SEAL) (SEAL) (SEAL) �2 r1 SEAL) (SEAL) (SEAL / CAL) (SEAL) 4� _L.9ccr e�^ (SEAL) a . (SEAL) (SEAL) ° (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) ' (SEAL) (SEAL) SEAL) - -- (SEAL) t tC V CLQ/ _ CelLu� (SEAL) (SEAL) -; Grantors Grantors i Mortgagee By. t e c. By: — - Title y t525 e�3F505 310 4 i _ 63?2 J. KNOW ALL MEN BY THESE PRESENTS, That I (we), D. W. MAETCH.E, for and in consider- ation of the sum of Tan Dollars and other valuable consid- C1 oration to me (us) paid by J. A. PATERSON, the receipt whereof is ° hereby acknowledged, do hereby grant bargain, sell and convey to J. A. PATERSON, his executors, administrators, heirs and assigns, Grantee: A perpetual right of way and easement for the iretAllation of sewer lines, water lines and other utility services on, over and across under, along and within that portion of Grantor's lands lying East of and within fifty (50) feet of the West line of Section 35, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and extend- ing from the centerline of S. W. Katherine Way, North to the centerline of S. W. Tiedemann Rood. TO HAVE AND To HOLD the said easement and rights unto the Grantee, his executors, administrators, heirs and assigns forever, SUBJECT TO the express condition that the Grantee shall pay any and all real and personal property taxes hereafter levied against any improvements, including sewer lines, water lines or other utilities within the easement area, or against the lands within the easement area, by the City of Tigard, prior to such time, if ever, that the Grantor s other lands abutting upon the easement area may be annexed or otherwise included within the corporate boundaries of the City of Tigard. And I (we), D. W. MAETCHE Grantor s va mace— const tute ani" appo me , an y t ese presents o make, constitute and appoint J. A. PATERSON my (our) true and lawful attorney, in my (our) name, place and stead: To execute such petitionsconsents and documents what- soever required, in his discretion, or as may be required by the City of Tigard, Oregon, to consent to or accom- plish, in due course, the annexation of the above ardde- to the itof Ti rea , with Chapterin aO scred easement222, regonCRevised statutes . arcord- I (we) give and grant to my said attorney-in-fact full power and authority to do and perform any act and thing requisite and nec- essary in his discretion, in connection with the foregoiersonaers, as fully to all intents and purposes as I (we) g personally. IN WITN WHEREOF, r h ve hereu o SE *_hand and 19 seal,, this day of — --' (SEAL) VNM (SEAL) DOMINION 0 CANADA Province or .+Lbait6 ( — On the 'day of 1964, personally appeared the above named D. W. MAETCHF and acknowledged the fom going instrument to Do voluntary act and deed.... &w ms"d L�.t - ..v,L.d�a x V ioces Tesoxssex.CVMV �o� Public for My �aotiaission expires: x�! T "M ALL MM BY THESE PRESENTS. That we, LAWRENCE M. BASTIAN and HILDA BASTIAN, Husband and wife, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to us paid by J. A. PATERSON, the receipt Whereof is hereby acknow- o ledged, do hereby grant, bargain, sell and convoy to J. A. PATERSON, his executors, administrators, heirs and assigns, Grantee: A perpetual right of wayand easement for the installation of sewer lines on, a_ross, under, along and within that portion of grantors' lands described as follows: Beginning at a point which is the Southwest corner of that tract of land conveyed to Clarence B. Baney, at ux, by deed recorded in Book 381 paga 234, Washington County Deed Records, same being in Rection 34 TIS, Rita W:M., thence N 00' 02' West, along the west fine of as d Bsney pact 165 feet to the Northeast corner thereof; thence N 89- 58' E. along the North line of said Baney tract 420 feat more or less to the center of Tiedejusn Road; thence Northeasterly along the center of Tiedeiisan Road to a point which point is intersected by a line parallel with and Sb feet North when *Assured at right angles to the North line of said Baney tract; thence S. 89w 58' West 490 feet more or less to a point N 00' 02' West 50 feat and S. 89" 58' West 50 feet from the Northwest corner of the Baney tract; thence South 00` 02' 8 215 feet to the division line between the North and South halves of the John L. Hickman Donation Land Claim No. 54. TO HAVE AND TO HOLD the said easement and rights unto the Grantee, his executors, administrators, heirs and assigns forever, SUBJECT TO the express condition that the Grantee shall pay any and all real and personal property taxes hereafter lg-»ied against any iamprGvements, or against the lands within the easement area, by the City of Tigard, prior to such times, if ever, that the Grantors other J 1n►ds abutting the easement area may be annexed or otherwise included within the corporate boundaries of the City of Tigard. And we, LAWRENCE M. BASTIAN and HILDA BASTIAN, Grantors, have made, constituted and appointed, and by these presents do maks, constitute and appoint J. A. PATERSOti our true and lawful attorney, >` in our name, place and stead: To execute such petitions, consents and documents what- soever required, in his discretion, or as may be required by theCity of Tigard, Oreggon, to consent to or accomplish, in du@ course, the annexation of the above described ease- smnt area to the City of Tigard, in accordance with Chapter 222, Oregon Revised Statutes. We give and grant to our said attorney-in-fact, full power and authority to do and perform any act and thing requisite and necessary, in his discretion, in connection with the foregoing ' powers, as fully to all intents and purposes as we might do personally. no525 PA;�508 wS"