Ordinance No. 68-48 CITY OF TIGARD, OREGON
ORDINANCE No.68-.yb'
AN ORDINANCE ACCEPTING THE REPORT OF THE CITY PLANNING COMMISSION_
WITH RESPECT TO A P`ROPOSED ORDINANCE REGULATING AiiRb PRCSCRIBINd
THE STANDARDS FOR SUBDIVISION OF LANDS `'WITHIN THE CITY OF TIGARD;
ADOPZTLN A_SUMVISION ORDINANCE AS PRCc'OSED BY THE CITY PLANNING
COMMISSION; DECLARING THE TITLE AND PURPOSE ADOPTING STANDARDS,
RULES, REGULATIONS, RESTRICTIONS AND PROCEDURES GOVERNING THE
PLANNING AND SUBIiIVISION OF LANDS, CREATION OF STREETS OR WAYS;
DEFINING CERTAIN `PERMS IN CONNECTION THEREWITH; PROVIDING PENAL-
TIES FOR THE VIOLATION THEREOF; PROVIDING FOR EXCEPTIONS AND VAR-
IANCES; PRESCRIBING FEES; PROVIDING FOR THE SEVERABILITY AND
VALIDITY OF THE RESPECTIVE PROVISIONS THEREOF; REPEALING ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER-
GENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
PREAMBLE
A. The City Council finds the City Planning Commission has
' formulated a proposed ordinance providing subdivision and other
land partitioning standards and procedures pursuant *o Chapter 92,
Oregon Revised Statutes, and has held hearings thereo,i as required
by Section 92.048, Oregon Revised Statutes, and thereafter has
recommended to the City Council the adoption thereof in the form
substantially as hereinafter set forth; and the City Council fur-
ther finds that pursuant to Section 92.048, the notice of public
hearing on the proposed ordinance as hereinafter set forth was duly
and regularly given for two successive weeks prior to a hearing by
the City Council, and that said hearing was duly held on)_q z io
.� ,., ai , the a2A day of , 1963; and that the C
Council finds pursuant thereto that /said ordinance fully complies
with the requirements of Chapter 92, Oregon Revised Statutes.
B. The City Council further finds that said report and ordi-
nance proposed for adoption by the City Planning Commission and the
provisions thereof are in the public interest and are reasonable,
proper and necessary to promote the public health, safety and gen-
eral welfare; lessen congestion in the streets; mitigate the effects
of fire, flood, polution and other dangers; provide adequate light
and air; provide against overcrowding of land, facilitate transpor-
tation, water supply, sewage and drainage; and promote the conserva-
tion of property values; provide reasonable access and promote ade-
quate development patterns and plans within the city.
Section A-I: Short Title. This ordinance shall be known as the
W City of Tigard Subdivision Ordinance of 1968, and may
be cited as such.
Section A-II: Adoption of Certain State Planning Statutes. By vir-
tue of the authority contained in Section 221.330,
Oregon Revised Statutes, all the following designated sections of
the Oregon Revised Statutes, and each and all thereof, are hereby
adopted by this reference, paragraph by paragraph, word by word,
in the entirety, in all respects to the same legal force and effect
as if set forth herein in full:
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(1) Section 92.010, O.R.S., (1), (2), and (3), Definitions.
(2) Section 92.014, Approval of planning commission or
governing body of city before creatine; street or way to partition
land.
(3) Section 92.016, Sales or transfers of lots when approv-
al required under regulations adopted under O.R.S. 92.046 prohibited
until approval obtained.
(4) Section 92.025, Prohibition of sales or transfer of lots
prior to recordation of plat.
(5) Section 92.040, Application to planning commission for
approval of subdivision plan before recording.
(6) Section 92.050, Requirement of survey and plat of sub-
division.
(') Section 92.060, Marking of certain points of plats and
monuments; specifications of monuments.
(8) Section 92.070, Surveyors affidavit necessary to record
plat; contents of affidavit.
(9) Section 92.080, Preparation of plat.
(10) Section 92.090, Requisites for approval of plat.
(11) Section 92.100, Approval of plat by City Engineer or b;
County Surveyor and by County Assessor and County Commissioners.
Section A-III: Amendments. This ordinance may be amended or sup-
plemented only by complying with the procedures
whereunder this ordinance was adopted as set forth in Section 92.048,
O.R.S., which by reference herein, is made a part hereof, to the
same legal force and effect as if herein set forth in full.
1-a tion A-IV: Penalties. Violation of any provision of this ordi-
nance, including all provisions of the Oregon Re-
vised Statutes, by reference herein made apart hereof, or of any
supplement or amendment adopted pursuant hereto is punishable upon
conviction by fine of not less than $50.00 nor more than $500.00,
or imprisonment in the City or County ,jail for not less than 25 days
nor more than 50 days, or both.
Section A-V: Repealer. Concurrently with the execution and effec-
tive date and time of this ordinance, all ordinances
or parts of ordinances heretofore enacted by the Council which are
in conflict herewith be and the same are hereby repealed and shall
have no force and effect after the effective time and date of this
ordinance.
Section A-VI Effective Date. Inasmuch as there is not now any
subdivision ordinance in effect in the City of
Tigard and it is necessary that the standards, procedures and reg-
ulations herein set forth be placed in effect with the least possi-
ble delay to accomplish the orderly development of the City and
r to promote the public health, safety and general welfare of the
City, an emergency is hereby declared to exist and this ordinance
shall become effective upon its passage by the Council and approval
by the Mayor.
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SECTION I . PURPOSE
The purpose of this Ordinance is to provide rules, regulations
and standards to govern the approval of plats of subdivisions and
also of partitioning; of land by creation of a street or way to
carry out the development pattern and plan of the City of Tigard
and to promote the public health, safety and general welfare,
lessen congestion in the streets , secure safety from fire, flood,
pollution and other dangers, provide adequate light and air, pre-
vent overcrowding of land, and facilitate adequate provision for
transportation, water supply, sewage, drainage,and to prescribe
procedures to be followed in submitting plans and plats of sub
-
divisions _for approval.
SECTION II. APPROVAL OF SUBDIVISIONS
A. The Planning Commission shall have all the power and duties
with respect to Preliminary a:ld final plans and maps of
subdivisions and the procedure related there to, which are
specified and authorized by law and by this Ordinance.
B. Approval by the Planning Commission of subdivisions of
land inside the boundaries of the City of Tigard -
is hereby required in accordance with this Ordinance ,
before a plat for any such subdivision may be filed or
recorded in the office of the County Recording Officer.
SECTION III. DEFINITIONS
A. As used in these regulations the masculine includes the
feminine and neuter and the singular includes the plural.
The following words and phrases, unless the context other-
wise requires, shall mean:
1. Building Line. A lane on a plat indicating the limit
beyond which buildings or structures may riot be erected.
2. Development plan. Any plan adopted by the Planning
Commission for the guidance of growth and improvement
of the City, including adjustments made from time to
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4` time to meet changing conditions or unanticipated
problems and conditions affecting the public or
land owners.
3. Easement. A grant of the rightto use a strip of
land for specific: purpose .
4. Lot. A parcel of land intended as a unit for
transfer of ownership or for development.
(a) Corner Lot. A lot abutting upon two or more
streets at their intersections.
(b) Reversed Corner Lot. A corner lot, the side
street line of which is substantially a con-
tinuation of the fron-t, lot line of the Lirst
lot to its rear.
(c) Throucgh Lot. A lest having frontage on two
parallel or approximately parallel streets
other than alleys.
5. Pedestrian .Way. A right of way for pedestrian
traffic.
5. Planned Residential. Development. A conditional use
under single family residenti&l zones which goes
beyond general subdivision practices in combining
a , t, ,-
.:i.ous types of dwei'ings ar.%A other o a a 7aC 4ui c�
and used along with open areas to provide a more
desirable averall living ent ironment without
greatly varying density.
7. Planning, Control Area. An area in a state of in-
complete development within which special control
is to be exercised over land partitioning.
8. Plat. Includes a final map, diagram, drawing, re-
plat, or other writing containing all the descrip-
tions, locations, specifications, dedications,
provisions and information concerning a subdivision
by which the subdivder' s plan of subdivision is
presented, and which he :submits for approval and
intends in final form, to record.
9. Right of Way. The area between boundary lines of
a street or other easement.
10. Roadway. The portion or portions of street right-
{ of-way developed for vehicular traffic.
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11. 3id�k. A pedestrian walkway with permanent surfacing
12. Street. The entire width between the boundary lines
of every way which provides for public use for the
purpose of vehicular and pedestrian traffic and the
placement of ati?'ities and including the terms "road'
"highway", i' e o°�l cep°, °'avenue'', "alleyP1, Or
�.aYLe a '
similar deaignati«ins.
Alle A narrow street through a block primarily`
(a) �'..-
frr vehicular service access to the back or side
of properties otherwise abutting on another street.
(b) ,Axteria.l. A street which in used primarily for
through traffic or which, by its location will
likely be needed D,:�r i
such uze n the normal growth
of tile county. f
(c) collacto:r. A street supplimentary to the arterial
street system used to some extent through traffic
and to some extent for access to abutting pro-
perties.
(d) cul-de-sa.c dead-end street A. short street
having one end open to traffic and being ter-
.. minated by a turnaround.
(e) Half Street. A portion of the width of a street i
,wa„ally along the edge of a subdivision where the
remaining portion of the street has been UY could
later be provided in another subdivision.
(f) MArainal ac-cess street (frontag road) . A minor
street parallel and adjacent ,to a major arterial
street providing access to abutting properties,
but protected from through traffic.
13. StreeI: P't— A narrow strip of land located between a
subd.ivisson and other property, not dedicated to public
use, but conveyed to the City for the purpose of giving
the city control over development of the adjacent. ;
property.
14. Subdivide land. Means to partition a parcel of land
into four or more parcels of less than five acres each
for the purpose of transfer of ownership or building
development, whether immediate or future, when such
parcel exists as a unit or contiguous units under a
single ownership as shown on the tax roll for the year
preceding the partitioning.
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15. Subdivision. V#.he:, an act of subdividing land or a
tract of land subdivided as defined in this section.
SECTION IV. PRELIMINARY PLAT
A. Submission of Pre i;minary Plat. rhe=: subdivider shall pre-
pare a preliminary plat tc:pFt,her w•rt-.h :improvement plans
and other suppliment•ary, mate'` .a1 as may be required to
indicate the gener•a3. and +;)biect.ives of the prcject
and shall submit nine copies to the City on the first Monday
of each month prior to the Planning ccTmaission meeting at
which consideration of the plat is desired. I
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B. Filing Fee. For the xzragip, s= c.f partially defraying expenses
involved in the prones:izg of subdivision {
applications, an appliLcatloia fee cf t c) (2) dollars for each
lot proposed in the pre l.i.m1n �.-ry subdivisiol plan shall be
paid the City by the at the tame for submission of
the preliminary plat. All _ c�.ney paid in oa the filing fee
shall be credited on the permit fee of 1�% of the improve- l
ments when the latter is iL ued.
C. Explanatory Informati -^ with th P.re;li m.inary Plat. Any of the
following information may be required by the Planning Com-
missicn and if it can .., be shown practicably on the pre-
liminary plat, it shall be submitted egg- separate sheets
- accompanying the preli .inary pxat.
1. A vicinity map shuWir:g all existing subdivisions,
streets and unsubdivided land cw.uner3hips adjacent to
the proposed subs al is,Lons, .and showing how proposed
streets may be extended to connect to existing streets.
The vicinity maphall be at a scala of 1° = 400° and
shall show all land within a radius of one half mile
from the proposed subdiv"L7ion. The vicinity map shall
show the proposed sr.reets within the proposed subdi-
vision and their connection with adjacent streets plus
zoning on and adjacent to the tract.
2. Approximate center line profiles showing the finished
grade of all streets as approved by the City Engineer,
including extensions for a reasonable distance beyond
the limits of the proposed subdivision.
3. Approximate plan and profiles of proposed sanitary and
storm sewers with grades and pipe sizes indicated and
plan of the proposed water distribution system, showing
pipe sizes and the location of valves and fire
hydrants. Also the location in the adjacent streets
and property of existing sewers, water drains, culverts,
and drain pipes, electric conduits or lines proposed to
be used on the property to be subdivided and invert
elevations of sewers at point of proposal connection.
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D. Scale. The preliminary plat shall be drawn on a sheet 18
by 24 inches in size or a multiple thereof at a scale of
one inch equals 100 feet or, for areas over 100 acres, one
inch. equals 200 feet.
E. General :lnformaticin. The following general information
shall be shown on the preliminary plat:
1. Appropriate identification clearly stating the map is
a preliminary plat.
2. Proposed name of the subdivision. This name must not
duplicate or resemAe the name of another subdivision
in Washiagten county and must be approved by the City.
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3. Trate, northpoint and scale of drawing. �
4. Location of the subdivision by section, township and
range and a legal description sufficient to define the
location and boundaries of the proposed tract or the
tract designation or other description according to
the real estate records of the county assessor.
5. Naznes and addresses of the owner or owners, subdivider
and engineer, or surveyor.
F. Existing Conditions. The following existing conditions
shall be shown on the preliminary plat.
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1. The location, widths and names of all existing or
platted streets or other public wavy within or adjacent
to the tract, easements, railroad rights of way and
other important features such as section lines and {
corners, city boundary lines and monuments.
2. Contour lines related to some established bench mark
or other datum as approved by the City Engineer with
intervals at a minimum of two feet for slopes up to
5 per cent and five feet for slopes over 5 per cent.
3. The location of at least one temporary bench mark
within the plat boundaries.
4. Location and direction of all water courses.
5. Natural features, such as rock outcroppings, marshes,
wooded areas and isolated preservable trees.
b. Existing uses of the property, including location of
all existing structures to remain on the property after
platting.
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M: G. Proposed Plan of sand Parta.tion_ ice. The fallowing informa-
tion shall be included on the preliminary plat:
1. Streets, showing location, widths, names, approximate
grades, and approximate radii of curves. The re-la-
tionship of all streets to any projected streets as
shorn on any development: plan adopted by the Planning
Commission. gg
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2. Easements, showing the: width and purpose,
3. bots, }h:vwing approximate dimensions, minimum lot size,
pro
{ and l�; ,cK numt ar
posed lot
4. Sites, if arty, allocated for : uitiple-family dwellings,
shopping centers, churches, industry, parks, -schools,
playgrounds, public or. �ss_mi-pifblic build._
special use.
f H. Partial Development. Where the plat to be su.,aivided con-
tains only part of the tract yawned or controlled by the
subdivider, the Planning Comml.es: )n shall Yc:r a a plan
of a tentative layout for str.e:,=ts in the u.
portion,
I. Preliminary Review 7f_ Pry ck�s4a . Within two days after F
being subd'ted by the ubdivide , the Cit. =.y fiiiiaisin one
t?isr•
copy of the YprelimiYiary plat and Supplementa
aterial to
the County Surveyor, rine copy to the Gaunty i r�r�ina
Office; and one copy to the State Highway Dena i._ment, pro-
vided development .i s ad_J ace_.:i i.ca i :�Lattd access
to the highway is de»sired by the aubdivider. Tn;�;: ag-
encies will be given at least five days to review the plan,
suggest revisit-ins and return the plans to the City.
J. Tentative A,ii—oval of Preliminary Plat. Within 40 days
from the first regular P anninrl comm-Iv ion meeting .fol--
lowing submissior, cf the plat. i ;c Planning '=-immission
will review the plan and the r,epor . %f the u; Lnciez listed
above and may give tentative approval of the preliminary
plat as su'bm-._tted or as it may be modified or, if dis-
approved, shall express its disapproval and its reasons
therefore. Approval of the preliminary plat shall indi-
cate the Planning Commission's approval of the final plat
provided there is no change in the plan of subdivision as
shown on the p..alimirary plat and them is full compliance
with all requirements ofthis Ordinance. The action of the
Planninq Conmiission shall bre noted on two copies of the
preliminary plat, including reference to any attached doc
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~._ uments describing any conditions. One copy shall be
returned to the subdivider and the other retained in the
office of the City Recorder, with a memorandum setting
forth the action of the Commission.
SECTION V. FINAL Py4zT
A. Submission of Final Pla-. within 12 months after tenta-
tive o: the preliminary plat, the subdivider
shall cause the subdivision or any part thereof to be
surveyed and a final plat prepared in conformance with
the preliminary plat as tentatively approved. The sub-
divider shat subani t the original drawing, the cloth and
five prints of the final plat and all aupplemen.tary in-
formation rec.-aired by or pursuant to the provisions of the
ordinance tv the City Engineer, at least ten days prior F
to the Plann-Ing co.- miss--tiro: meet.i.na at which con-
sideration of the plat is desired. 1.. the subdivider
wishes to proceed with the subdivision after the expir-
ation of the 12 months period following the tentative
approval cf the preliminary plat by the Planning Corn-
mission, he must re-submit his preliminary plat to the
Planning Commission and make any revisions considered
necessary to meet changed conJitions.
B. lnformaTJ_ y�� Pinal Plat-. In addition to that otherwise
specified by law, the fallowing information shall be
shown on the final plat: e
1. The dater scale, port:nposr_L (general y PC. . .
legend, and controlling topography such as creeks,
highways, and railroads.
2. Legal description of the tract boundaries.
3. Reference points of existing surveys identified, re-
lated to the plat by distances and bearings, and re-
ferenced to recorded surveys as fellows:
(a) The location and description of all stakes, mon-
uments, other evidence found on the ground and
used to determine the boundaries of the sub-
division.
(b) Adjoining corners of all contiguous subdivisions.
(c) Sectlon, townships, range, donation land claim
lines and boundaries of any lots within pre-
viously recorded subdivision plats within or
adjacent to the plat.
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(d) Whenever the County, City, or State has estab-
lished the center line of a street adjacent to
or within the ps oWsed subdivision, the .location
of this line shall ;:w-- shalm and rtoannente. found
or reset.
(e) Location and dcHcarlpti�lxn of all monuments found or
established in ai,aki n T the suxlTeyy of the subdivision
or -required to be installed by the provisions of
these regulations.
4. Lines with dimensior_s, bearl.rxgs, radii, arcs, delta
angles, points of curvature and tangent bearing: for
tract, lot and block bounrlaries and street right-of-
way and certe:r li'rw:s. r:rrar of closure shall be with-
in the limit of one foot in 4,000 feet. No ditto marks
shall be used. Lots containing one acre or more shall
show total aureage to nearest hundredth.
5. The width of t1le portion of streets being dedicated,
the width:of any existing right-of-way, and the widths
on each side of the center line. For streets on cur-
vature, curve data shall be based on the street center
line and in addition to center Line dimensions shall
' indicate thereon the radius P.nd r, antral angle. This
data may be shown in a table.
6. Easements within or adjacent to the plat denoted by
fine dotted lines, clearly identified, and, if already
of record, its recorded reference. If any easement is
not definitely located of rec,ard, a statement of the
easement. The widths of the easement and the lengths
and bearincs of the lixies thereof, and sufficient ties
thereto, to definiteilllrr�°w'•-•�d t'he e.=.. sing
ment as b
dedicated by the map, it mall be properly referenced
in the owner's cer,ificates of dedication.
7. Lot numbers beginning with the number "l°' in each block.
8. Block numbers, if used, should begin with the number �
"I" and continuing cry ::aactij-i-;gly without omission or
duplication throughout the subdiv-1 sign, The numbers
shall be solid, of ;izfficient size and thickness to
stand out, and so placed as riot t3 obliterate any fig-
ure. Block numbers in an addition to a subdivision
of the same name shall be a. continuation of the num-
bering in the plat las,. filed.
9. Land parcels to be dedicated for any purpose are to
be distinguished from lots intended''fmx sale,
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10. The following certificates, which may be combined where
appropriate:
(a) A certificate signed and acknowledged by all parties
having any record title interest in the land sub-
divided, consenting to the preparation and record-
ing of said malp, and dedicating all parcels of lane
shown on the final map and intended for any public
use.
(b) An affidavit signed by the engineer or the sur
veyor responsible for the survey and final map,
the signature of such engineer or surveyor to be
accompanied by his seal.
(c) Provisions for all ether certifications now or
hereafter required by law.
C. Supplemental Information With Final Plat. The subdivider
will provide the following additional information:
1. A preliminary title report issued by a title insurance
company in the name of the owner of the land, showing
all parties having any record title interest in the
� premises and what interests they have.
2. Sheets and drawings showing the following:
} (a) Traverse data, including the coordinates of the
boundary of the subd, vision and ties to section
corners and donation land claim corners, and
showing the error of closure, if any.
(b) Ties to existing monuments, proposed monumerxt5,
adjacent subdivisions, street corners, and state
highway stationing,
3. A copy of deed restrictions, .including building set-
back lines, if any are applicable to the subdivision,
and a copy of 'any'dedication which requires separate
' documents.
4. Written proof that all taxes and assessments on the
f tract are paid for the current year.
' 5. A certificate by the City Engineer .stating that the
subdivider has complied with one of the following
alternatives:'
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(a) All n mprovements have been i n to 'l.ecl In accordance
with the requirements of these regulations and
with the actior. of the Pl.an,ni.ng Commi sign giving
to<tative approval --f they preliminary plat.. �
(b) An agreemanthas been executed as provided in Sec-
tion-7., V.-F and '-fir.
D. Approval of the Fina.'? Plat. Up,,n receipt by the :secretary
of the Plann.irag Cammi si on, the final map and other data
shall be reviewed. if the City Engineer ;and City Planner
determines that the finai pl:.t is in ful.l conformance with
the approved vr.el minaret plat and other re gulat.i nLi, they
shall So advise th:1 Chairman of the Plann. na 1.,o-( ..]a..3sion. f
The chairman of the Planning may then sign the
plat without. further action by the Planning Co 1M"S siurr.
If the final plat -s ncDt in full e oy, iformance, it shall be
submitted to the Plan nIng Cooatmi.ssiron. if the final plat i
is referred t:n the Chaa.rinar, of the Planning Commission for
signature without submission tc� the Planning Co-manission,
the Chairman may elect to submit the plat to the. Planning
Commission fear further action. When submitted to the Plan-
ning Commission, appz:aval of the: fina.i plat shall be by a
resolution of they Coarmis 1 yr .Z.f the plat is s1gred by the
} Chairman without further aatz.cn by the Planning Commission,
the action shall, be reported to the Planning M.�mmi Sion by
the Chairman of °ti'iiswmniya.'ror,-g at the noxt regwala.r meeting. s'
In the absence %f the 'Chairman, his duties and i:*wers with
respect to act_ ,-rt. on fina'i plats aha:y l be vestaeri in the r
Vice-Chairman.
E. Approval of County gurve fir. After ipproval by the Planning
Commission, the Secretary of the Planning Commission shall
transmit the final map, tracing and other Idata to the
County Surveyor who shall examine them to determine that
there has been compliance with all provisions of the State
Law and this ordinance. The County Surveyor may make such
checks in the field as he may desire to verify that the
map is sufficiently correct on the around and he may enter
theert ro this P P Y for purpose. When the County Surveyor
finds the documents in full conformance, and has been paid
the statutory fee for such service, he shall sign his ap-
proval in the space provided.
F. Agreement for Improvements. Before Planning Commission
approval is certified on the final plat, the subdivider
shall execute and file with the City Council an agreement
between himself and the City specifying the period within
which all required improvements and repairs shall be com-
pleted, and providing that if such work is not completed
within the period specified, the City may complete the same
and recover the full cost and expense thereof from the
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.. subdivider. Such agreement may also provide for the con-
struction of the improvements in stages, for the exten-
sion of time under conditions therein specified.
G. Bond.
1. The subdivider shall. file with the agreement, to assure
his full and faithful perf*rmance thereof, one of the
following:
(a) A personal bond cosigned by at least one addition-
al person. The subdivider and the co-signers shall
submit evidence of financial responsibility and
the financial resources of those signing the bond
shall provide a reasonable assurance of the ab-
y r 4UAL-*"e ba a.-,,.. to proceed in accordance
with the agreement.
(b) A surety bond executed by a surety company author-
ized to transact business in the State of Oregon.
(c) Cash.
2. Such assurance of full and faithful performance shall
be for a sum approved by the City Engineer as suffic-
ient to cover the cost of the improvements and repairs,
including related engineering and incidental expenses.
Tg; the avant the subdivider fails to carry out all
provisions of the agreement and the City has unreim-
bursed costs or expenses resulting from such failure,
the City shall call on the .bond or cash deposit for
reimbursements.
H. Filinct of Final Flat. The Secretary of Planning Commission
shall, without delay, submit the final plat to the County
Assessor and the county governing body for signatures of
other public officials required by law. Approval of the
final plat shall be null and void if the plat is not re-
corded within 60 days after the date the last required
approving signatures has been obtained.
SECTION VI. APPROVAL OF STREETS AND WAYS.
A. Creation of Streets.
1. The final plat shall provide for the dedication of all
streets approved and accepted for public use. Accep-
tance of the final plat shall constitute acceptance
of the street dedication shown thereon.
a.
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2. The creation of all streets shall be in conformance
with requirements for- subdivision, except, however,
the Planning Commission may approve the creation of
a street to be established by deed without full com-
pliance with the regulations applicable to subdivi-
sions, provided any of the following conditions
exist:
(a) The establishment of the street .is initiated by
the City Council and is declared essential for
the purpose of general traffic circulation, and
the partitioning of land is an incidental effect
rather than. the primary objective of the street.
(b) The tract in 'which the street is to be dedicated
is an isolated ownership of one acre or less and
such dedication in the judgment of the Planning
Commission is not an attempt to evade the pro-
visions of this ordinance governing the control
of land partitioning.
(c) The tract constitutes or is part of a planned
residential conditional use, approved as pro-
vided in the zoning ordinance and in compliance
with the specific condi tin ns imposed at the
time of approval..
3. In those cases whoreapproval. of a s orae t is tv be
without full compliance with the regulations applicable
to s��b =i sign; a ropy of the prc�:_aosed deed shall be
submitted to the Secretary of the Planning Commission
at least 21 days prior to the Planning Commission
meeting at which consideration is desired. The deed
and such information as may be submitted shall be re-
viewed by the Planning Commission and, if not in con-
flirt with the standards of Sections VIII-A through
vIII-F of these regulations, shall be approved with
such conditions as are necessary to preserve these
standards.
P. Creation of Ways. Any easement of way providing access
to property and which is created in order to allow the
partitioning of land for the purpose of transfer of owner
x ship or building development, whether immediate or future,
shall be in the form of a street in a subdivision or as
provided in Section VI of these regulations with the
following exceptions:
1. Any easement providing access to a parcel of land
used for agriculture, horticulture, grazing, or
Page 12
timber growing and where the parcel exceeds five
acres in size may be approved by the Planning Com-
mission.
2. A private easement of way to be established by deed
without full compliance with these regulations may
be approved by the Planning C,.),=ission, provided
it is the only reasonable mathod by which the rear
portion of an unusually deep lot large enough to
warrant partitioning .into two or mr+re parcels may
obtain access, provided, however, that said access
shall be in compliance with the access and egress
provisions «3f the 2ortrc ordinance of the City of
Tigard.
SECTION VII. MINOI .LAND PARTITIONING.
A. Minor Part tictriir^gf Prrgedure for Approval. A parcel of
land or contiguous parcels under a single ownership with-
in the City shall not be partitioned .into two or less
than four parcels for transfer of ownership or building
development so as to conflict with applicable standards
for subdivision as set forth in this section. Such land
partitioning, ether than subdivision or the creation of
a street or way, shall be known as miner partitioning
and shall be approved under the following prccedure:
1. There shall, be sabmittted to the City Engineer four
copies of a: sketch map A x 11 inches, or 18 x 24
inches in size with the following information:
(a) The date, northpoint, scale, and sufficient
description to define the location and boundaries
of the parcel to be partitioned and its location.
(b) The name and address of the record owner or
owners and of the person who prepared the sketch
map,
(c) The approximate acreage of the parcel under a
single ownership or, if more than one ownership
is involved the total contiguous acreage of all
landowners directly involved in the minor "
partitioning.
(d) For land adjacent to and within the parcel to be
partitioned, the locations, names and existing
widths of all streets and easements of way, lo-
cation, width, and purpose of all other existing
Page 13
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easemer.ts; and location and size of sewer and
waver lines, drainage ways, and poles.
(e) The location of existing structures to remain
in place.
(f) The .lot lawo.. t, showing size and relationship
to existing or proposed ;streets and utility
easements.
(g) Such additional information as required by the
Planning Commission.
2. The sketch map shall be submitted to the Planning
Commission for determination that the proposal will
be compatible with the comprehensive development
pian. The Planning Conmissi.on may require dedication
of land and easements and may specify conditions or
modifications in the skef-ch plan necessary to carry
out the comprehensive development plan. In no event,
however, shall the Planning Commission require greater
decication or conditions than could be required if the
parcel were subdivided. If the partitioning pro-
vided in the sketch :reap results in complete accomp-
lishment of those parts of the comprehensive develop-
ment plan which would be ,a.ff--�cted by partitioning
of the parcel, the Planning Commission _hall state
on the sk.ateh mars that future partitioning within the
area shown on the sketch map may occur without sub-
mission for approval of the Planning Commission.
3. If the parcel of :and to be partitioned exceeds two
acres and within a year is being partitioned into
more than two parcels, any one of which is less than
one acre, full compliance with all requirements for
subdivision may be required if the Planning Commission
should determine that the entire parcel being par-
titioned is in the process of being divided into
-mall parcels.
4. When a sketch map has been approved, all copies shall
be marked with the date and conditions, if any, of
approval. Two copies shall be returned to the ap-
plicant, and two copies shall be retained by the
Planning Commission..
Page 14
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SECTION VIII. DESIGN STANDARDS.
A. Principles of Acceptability. The subdivision shall be
in comformiity with any development plana and shall take
into consideration any preliminary plans made in anti-
cipation thereof. The subdivision shall conform with
the requirements of state .laws and the standards e>:tab-
lished by these regulations.
B. Street,.
1. General. The location, width, and grade of streets
shall be considered in relation to existing and
planned streets, to tPtr"r r.raC+?li.c: cnnd.i.tions, to pub-
lic corveriien.ce and sa-fe-.y, and to the proposed use
of the .land to to served Dy tree streetis• where lo-
cation is not shown in the development plan, the ar-
rangement cf streets in a subdivision shall either:
(a) Provide for the continuation or appropriate
projection of existing principal streets in
surrounding ar--as.
(b) Conform to a plan for -'_he neighborhood app-.raved.
or adopted by the Planning Commission to
a particular situation where topographical or
other corditions made continuance of or .": anfor-
mance to existing streets impractical.
2. Minimum right-of-water and widths for road surfacing.
The width of streets in feet shall not be less than
the minimums shown in the following table:
ypa of Street Right-of-ways Road surfacing
Minimum Minimum
Primary Arterials 100 Varies
Secondary Arterials 80 Varies
Collector Streets 60 44
Business & Industrial Streets 60 44
Local Streets 50 34
Dead End Streets (Not more
than 600 Feet long) 50 34
Turn-Arounds for Dead-End
Streets 50 radius 34 radius
Alley - Residential 20 20
Business or Industrial 20 20
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3. Reserve StriiDs. Reserve strips or street plugs con-
trolling the access to streets will not be approved I:
unless necessary :for the protection of the public
welfare or of substantial property rights and in
these eases they may be required. The control and
disposal of the land arAmposing such strips shall be
placed within the jurisdiction of the City under
conditions approved by the planning Commission.
4. Rlicrnmer_t. All streets shall, as far as praeticabl%
be in alignment with existint-..; streets by continua-
tions of the center lines thereof. In no case shall
the staggering of streets ,hake a "T" _- *erseetion
be so designed to allow a dangerous -� ndition. Of-
fsets of .less than 1001 will not be al "'awed.
5. Future extension of streets. Where necessary to �
give access to or permit a satisfactory future sub-
division of adjoining land, streets shall extend to
the boundary of the subdivision, and the resulting
dead-end streets may be approved without a turn-
around. Reserve strips including street plugs may y
be required to :preserve the objectives of street
extensions.
5. Intersection Anules. Streets shall be laid out so
as to intersect at. an angle as near to a right
angle as practicable, except where topo(. raphy re-
quires a lesser angle, but in no case less than
60 degrees unless there is special intersection ,
design. Streets shall have at least 25 feet of tan-
gent adjacent to the right-of-way intersection un-
less topography require: a :Lesser distance. Inter-
sections which are not at right angles shall have
a minimum corner radius of 20 feet along the right-
of-way lines of the acute angle. Right-of-way lines r
at intersection Faith arterial streets shall have a
corner radius of not less than 20 feet.
t;
7. Existincr Streets. Whenever existing streets ad-
jacent to or within a tract are of inadequate width,
additional right-of.-way shall be provided at the
time of subdivision. ,
a
8 Half Street. Half streets, while generally not ac-
ceptable, may be approved venere_essential to the
reasonable development of the subdivision, when in
conformity with the other requirements of these
regulations, and when the planning Commission finds
Page 16
,. it will be practical to require the dedication of
the other half when the adjol.xning property is sub-
divided. Whenever a half street is adjacent to a
tract to be subdivided, the cther half of the street
shall be platted within such -tract. Reserve strips
and :street plugs may he required to preserve the ob-
jectives of half streets.
9. Cul-de-sacs. A cul-de-sac shall be as short as pos-
sible and shall in no event be more than 600 feet
long. All cul-de-sacu shall terminate with a cir-
cular turn--around having a minimum right-of-way
radius of 50 feet. The length of the cul,-de-sac
shall be measured along the center line of the road-
way from the near side of the intersecting street to
the farthest point of the cul-de-sac.
10. Street Names. No st:reat mune shall be used which
will duplicate or be confused with the names of
existing streets in th County of Washington, except
for extensions of exi .,.q streets. Street names
and number: shall conform to the established pat-
tern in the surrounding area.
11. Grades and Curves. Grades shall not exceed 6 per
cent on major or secondary arterials, 10 per cent on
collector streets, or ?2 per cent on any other
street. Center line radii of curves shall not be
less than 300 feet_ on primary arterials, 200 feet on -
secondary arterials, or 100 feet on other streets.
12. Streets adjacent to railroad right-sof-wry. Wherever �
the proposed subdivision contair4 nr i,q adjacent to
a railroad right-of-way, provision shall be made for
a street approximately parallel to and on each side
of such right-of-way at a distance suitable for the
appropriate use of the land between the streets and
the railroad. The distance shall be determined with
due consideration at cross streets or the minimum
distance required for approach grades to a future
grade separation and to provide sufficient depth to
allow screen planting along the railroad right-of-way.
13. Marginal Access Streets. Where a subdivision abuts
or contains an existing or proposed arterial streer.,
the Planning Commission may require marginal access
streets, reverse frontage lots with suitable depth,
screen planting contained in a non-access reserva
tion along the rear sof side property line, or other
Page 17
treatment necessary for adequate protection of resi-
dential properties and to afford separation of
through and local traffic.
14. Alleys. Alleys, 20 feet in width shall be provided
in commercial and industrial districts, unless other
permanent provisions for access to off-street parking
and loading facilities are made as approved by the
Planning Commission. While alley intersections and
sharp changes in alignment shall be avoided, the
corners of necessary alley intersections shall have
a radius of not less than 12 feet.
C. Blocks.
1. General. The length, width, and shape of blocks
shall be designed with due regard to providing ad-
equate building sites for the use contemplated,
consideration of Needs for convenient access, aia°cu-
lation, control and safety of street traffic, and
recognition of limitations and opportunities of
topography.
2. Sizes. Blocks shall not exceed 1,200 feet in length,
except blocks adjacent to arterial streets or unless
the previous adjacent layout or topographical condi-
tions justify a variation. The recommended minimum
distance between intersections on arterial streets
is 1,800 feet.
3. Easements.
(a) Utility Lanes. .Easements for sewers, drainage,
water mains, electric lines, or other public
utilities shall be either dedicated or pro-
vided for in the deed restrictions. Easements
shall be a minimum or 10 feet in width, and
centered on rear on side lot lines except for
tie-back easements which shall be 6 feet wide
by 20feet' long along lot side lines at change
of direction points of easements.
(b) Nater Courses. Where a subdivision is traversed
by a water course, drainage way, channel or
street, there will be provided a storm water
easement or drainage right-of-way conforming
substantially with the lines of the water course,
and such further width as- will be adequate for
r: the purpose, streets or
parkways parallel to
fy water courses may be required. `
Piga 3.8
D. Lots.
1. Size and Shape•. The lot size, width, shape, and
orientation shall be appropriate for the location
of the subdivision and shall comply with the City
of Tigard zoning *-d�nance for the type of devel-
opment and use contemplated. These minimum standards
shall apply with following exceptions
(a) in areas that will not be served by public
sewer and/or public water supply, the lots shall I
also conform to .any special requirements devel-
oped by the. Cc),ant:y Health Department with re- �
spect to problema of sewage disposal and/or
water supply.
-*L-r� = Pparty zoned for business or indus-
trial Ilse, rsther widths and areas may be per-
mittek-. 't-,t the discretion of the Planning Com-
missicn_. Depth and width of properties re-
served ,or laid out for commercial and indus-
tria . purposes shall be adequate to provide
for ' ". a off-stre-at service and parking fac-
ilities
acilitiea :re(Taired by the type of use and devel-
opment contemplated.
2. Access. The subc:i,ridin; cf the land shall be such
that each lot shall ablat, upon a public street.
3. Double Frontac e. Double frontage and reversed
frontage lots should be avoided except where es-
sential to provide separation of residential de-
velopment from railroads, traffic arteries, ad-
jacent nonresidential uses or to overcome specific
disadvantages of C-opography and orientation.
4. Lot Side lines_. The Nide lines of lots, as far as
practicable, shail run at right angles to the street
upon which the lots face.
E. Large Lot Subdivision. In subdividing tracts into large
lots which at some future time are likely to be re-sub-
divided, the Planning Commission may require that the
blocks shall be of :such size and shape, be so divided
into lots, and contain such building site restrictions
as will provide for the extension and opening of streets
at such intervals as will permit a subsequent division
of any parcel into lots of smaller size.
F. Building i,inas. if -special building setback lines are
to be established in the subdivision, they should be
Page 19
' shown on the subdivision plat or included in the deed
restrictions.
G. Public Owen Spaces. Due cons-deratlon shall be given
by the subdivider to the allocation of suitable areas
for schools, parks, and playgrounds to be dedicated
for public use.
Where proposed park, playground, ether public use shown
in a development plan adopted by the City is located in
whole or in part in a subdivision, the Planning Commis-
sion may require the dedication or reservation of such
area within the subdivision.
Where considered desirable by the Punning Commission,
and where a development plan o the City does not in-
dicate propcsed public use rxeas, the Planning Com-
mission may require the dedi.cat.Lon or reservation of
areas or sites of a character, extent and location
suitable for the development of parks and other public
use.
If the subdivider is required to reserve land area 'or
park, playground, or o"Iver Rabl4c use, such land shall
be acquired by thp. appropr.,L to public agency within 18
months following plat approval, at a price agreed up
T on prior to approval of the piat., or such reservation
shall be released t thetabdivider.
SECTION IX. IMPROVEMENT REQUIREMENTS.
A. The following improvements shall be installed at the
expense of the subdivider. All improvements installed
by the subdivider shall be guaranteed as to workman-
ship and material for a period of one year following
acceptance by the City. Such guarantee shall be se-
cured by cash deposit or bond in the amount of the
IT
value of the improvements ,as set by the City Engineer.
Said cash or bond shall comply with the terms and
conditions of Section V-G-1 of this Ordinance.
1. Streets within the subdivision and streets partially
*, within the subdivision, shall be graded for the
% entire right of way width, constructed and sur-
faced in accordance with standards adopted by the
rft City. Existing street8 which abut the subdivision
shall be graded, constructed, reconstructed,
a surfaced or repaired as determined by the Planning
Xi Commissionwith the advice of the :City Engineer.
Page 20
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2. Curbs shall Aae constructed in accordance with stand-
ardArradcpted by the ,Oity.
3. Concrete sidewalks shall be installed along both
sides of each street: in .accordance with standards
adopted by the City. Not lets than 5 feet wide in
areas where the py.oposed lots are 8500 square feet
or leas in size. Sidewalks shall be constructed
adjacent to the property line.
4. Sanitary sewers: When the subdivision is within 300
feet of an exi.sti ng public sewer main, sanitary
sewers shall be ingtallad to serve each lot in ac-
cordance with standards adapted by the City. When
the subdivision is more than 300 feet from an existing
public sewer main. the Plannina Commission with the
advice of the ,city Engineer eer :nay approve alternate
sewer disposal systems to County Department of Public
Health Standards or reconnend construction of an
assessment project to facilitate hooking up to
existing sanitary sewers.
5. Drainage of surface water shall be prodded as deter-
mined by she Planningrosrrigsion with the advice of
the City Engineer.
6. Underground Utility and Service Facilities: All
uta i.ty I.Lnes includirFcf, but not limited to, those
xequired for electric, communication, lighting and
cable television services and related facilities
shall be solaced underground, except surface-mounted
transformers, surface-mounted connection boxes and
meter cabinets which may be placed above ground,
temporary utility service facilities during con-
struction, high capacity electric and communication
feeder lines, and. utility transmission lines operating
at 50,000 volts or above. Tote subdivider shall make
all necessary arrangements with the serving utility
to provide the underground services,. The City of
Tigard reserves the right to approve location of all
surface mounted transformers.
7. Street light standards shall be installed in ac-
cordance with regulations adopted by the City.
8. Street name signs shall be installed at all street
intersections and dead egad streets and cul-de-sacs
in accordance with standards adopted by the City.
Page 2
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Stop signs and other signs may be required
upon the recommendations of the City Engineer.
9. Monuments stall be placed at all .lot and block
corners, angle points, point; of curves in streets,
at intermediate points aid shall be of such mat-
erial, size .and length as required by State Law.
Any monuments that are disturbed before all im-
provements are completed by the subdivider shall
be replaced to conform 'to the requirements of State '
Law.
SECTION X. IMPROVEMENTS. r
e
A. Fees. A permit shall be obtained front the City of
Tigard for makinq any subdivision improvements. For
such a permit the City of Tigard :hall charge and
collect a fee prior to issuing the permit a sum equal
to 1' percent of the estimated cost of the improvements {
to reimburse it for its costs and expenses incurred
for inspecting the improvements to be made.
B. Improvement Procedures. Is addition to other require-
ments, improvements installed by the subdivider, either
as a requirement of these regulations or at his own
option, shall conform to the requirements of this or-
dinance and to improvement standards and specifica-
tions followed by the Cite. she improvements shall
be installed in acco dant wt_th the following procedure:
1. Work shall not beq .n until plans have been checkers j
for adequacy and approved by the City in writing.
All such plans shall be prepared in accordance
with requirements of the City.
2. Work .shall not begin until the City has been no-
tified in advance and if .pork is discontinued
for any reason, it shall not be resumed until
the City is notified.
3. improvements shall be constructed under the in--
s
pection
n--spection and to the satisfaction of the Cityd
The City may require changes in typical sections
and details if unusual conditions arising during
construction warrant such changes in the public
interest.
4. Provision for all underground utilities, "including
sanitary sewers and storm drains, installed in
streets by the subdivider shall be constructed
Page 22
prior to the :surfacing of the streets. Stubs
for service connect--c nus shall be long enough
to avoid disturbing the street improvements
when service c,-ninect.ions are made.
SECTION XI. EXCEP�TIONP,.. V:ARIARCES AND ENFORCEMENT.
A. Exception in C'as-, of Large Scale Development. The
standards and regta:y_rement:s "f these regulations may
be modified by the Planning ConLm•+ssion in the case of
a plan, and i-` r. the coin-_,l ete community, a
neighborhood unit. A large-sc;ile shopping center, or
large industrial. : .r e~ a .:evelopmert, p_ovid}ng the mod-
ifications are di :tri-rental 110 tl•ie public health,
safety, and wslfa-,:�, and prc,,,riding the Planning Com-
mission detex•:ai s.,e;. t t-i-, re is pro:-i;loo. for adequate
-;f. _YYiL5r •:r^lE`�^t.�
public spades .f,.r the circulation,
recreation, 1:1y'r.t.; cu-Lr , anal A orvice reeds of the devel-
oped track and its relation to adjacent areas and for
such covenants or other legal provisions as will as-
sure conformity tci a.r,d ati�?�ievc ment of the plan.
E. Variance Ap-olicaticin. When necessary, the Planning
Commission may authoxize ccnditional variances to the
requirements of these; regulations. Application for a
variance shall be made by a petition of the subdivider,
stating fully the grounds of the application and the
facts relied upon by the petitioner. The petition
: hall be filed witL the tentative map of the subdivi-
sicn. In order for the property referred to in the
petition to come within the provisions of this section,
it shall be necessary that the Planning Commission
shall find the follmv,71--ig facts with respect thereto:
1. That there are special circumstances or conditions
affecting the pre>perty.
2. That the variance. is necessary for the preserva-
tion and enjoyment of a substantial property
right of the petitioner and extraordinary hard-
ships would result from strict compliance with
these regulations because of the special cir-
cumstances or conditions affecting the property.
n
3. That the grating of the variance will not be
detrimental to the public health, safety, or wel-
fare or injurious to other property in the vicin-
ity in which the property is situated.
{
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C. Planning Commission Action on Variances.
1. In granting necessary variances the Planning
Commission shall adhere substantially to the ob-
jectives of the regulations to which variances
are granted. The imposition of any conditions
necessary for this purpose shall be specified
in granting the variance.
2. In granting; a variance the Planning Commission
shall make a written record of its findings and
the facts in connection therewith, and shall
specifically and fully set forth the variance
granted and the conditions designated. The
secretary of the Commission shall keep such
findings on file as a matter of public record.
D. Temporary Sales Office. The Council of the City may,
with the consent of the owner, by motion, grant per-
mission for the use of any real property within this
City as and for a temporary sales office or offices
for the purpose of facilitating in the sale of real
property in any subdivision or tract of land within
this City, but for no other purpose. The permission
granted shall be of a duration not to exceed three
years from the date of the motion of allowing the same,
^r- such shorter period of time as the Council shall
deem advisable and provide in the motion granting and
allowing the same. The office shall be located within
the boundaries O-LC _
�u o� C subdivision or tractof land �
where the real property to be sold is situated. That
the property to be used for a temporary sales office
shall not be permanently improved for the purpose, pro-
viding, however, that a dwelling structure designed
primarily for other purposes may be used temporarily
for a- sales office. The granting of permission to use
real property for a temporary sales office shall not
be construed as granting a temporary zone change and k
the Council may impose such terms and conditions upon
the granting of the permission as authorized by this
Section, as it deems advisable.
E. l t
Va idi If any prevision of these regulations shall
for any reason be held invalid or unconstitutional by
a court of competent ,jurisdiction, such judgment
shall not affect the validity of the remaining portion.
SECTION XII. RECORDER DIRECTED TO ACCOMPLISH FILING AS PROVIDED
9Y SECTION 92.0 OREGON REV SED STATUTES,
The City Recorder of the City of Tigard be and she
is hereby directed to forthwith file with the record-
ing ,officer of Washington County, Oregon, a certified
copy of this Ordinance and Subdivision Code, together
k
Page 2:4
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with a map of the area (city boundaries) subject
to the provisions of this Ordinance and to place
an official copy of this Ordinance on file in the
recorder's office and acknowledgment of such
filing signed by the County recording officer.
PASSED: By the Council, by unafitmous vote of all Council
members present, after being, read three times by
number and title only, this
1968. a day of , ,
k'
i
r
( L, t-u
, Tigard
Recorder - City ,
I
APPROVED: By the Mayor, this __day of 1968'
ivlayor - City-of �,a.rd
r
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