Ordinance No. 70-36 S
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CITY OF TIGARD, ORSGON
ORDINANCE NO. 70-.36
AN ORDANANCE RATIFYING, CONFIRMING AND RECORDING CHANGE q
IN TRE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION,
ORDER NO. 130 , INVOLVING bANDS OF ZIEGLER - WARDIN ET AL in
in Section 1, T2S, R1W, W. I.
WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND DECLARING,
AN E:'3ERGENCX
WHEREAS, the Boundary Commission established pursuant to E
Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area,
by its final order dated June 24z_1970, approved the hereinafter
described change in the boundaries of the City of Tigard, and a
copy of said final order has been filed with the City Recorder,
,4 NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That the final order of the Boundary Commission
a_.. f u:;ne 1973. a copy whereof
adopted on, the 24th u�Y o, 3
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is hereto attached and by is reference made apart hereof, be, °
and the same is, hereby ratified, confirmed and adopted by reference
to the sante legal force and effect as if sot forth herein in full.
Section 2: That the boundaries of the City of Tigard be, and they
are hereby, changed to include the lands as described in
the within order of the Boundary Commission, and the corporate limits
of the City of Tigard are hereby changed in conformity therewith. 9
Section 3: That the Recorder of the City of Tigard be, and she is s
hereby, directed to forthwith file a copy of this ordinance,`
including a copy of said Order, in the following offices:
(a) Secretary cf State i
(b) Department of Revenue and Taxation, Washington County .
(c) Department of Records and Electiuns, Washington County
t. (d) Department of Public Works, Attention: purveyor,
Washington County
Section 4: That the City Planning Commission be, and it is hereby, y
authorized and directed to conduct such proceedings as 1
may be necessary to conform the authorized zoning and land use of
the '-!ascribed premises to the requirements of the City's Zoning
4 Map and Code.
' Section 5: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that the '
foregoing change in the boundaries of the City become_a permanent
part of the City's records, an emergency is hereby declared to exist, )
and this ordinance shall be effective upon its passage by the :
J Council, and approval by the Mayor.
d w
ORD
INAIvCE NO. 70'331
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PASSED: By unanimous vote of all Council Members present, after
being read three times by number and title only, this
day of September 1970.
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APPROVED: By the Mayor, this ^(�/c_ day of _September ._._`__. 1570.
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Page 2 - ORDINANCE t4o. 70-
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
369 State Office Building - Portland, Oregon 97201
Telephone: 229-5594
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO. 130 - Annexation of the follow-
ing territory to the City of Tigard
Legal Description
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That portion of land in Section 1, Township 2 South, Range 1 x`
West, Willamette !Meridian, Washington County, State of Oregon,
being more particularly described as follows:
Beginning at the Southeast corner of Lot 20, Beveland No. 2,
a subdivision of record in Washington County, Oregon; thence South
000 55' East a distance of 60.0 feet to a point on the South right- �
of-way boundary line of S. W. Hampton Street, said point being the
Trge Point of Beginning of this description; thence running South
89 05' West a distance of 265.59 feet along the said South boundary
line of S. W. Hampton Street and Westerly extension thereof, to a
point of intersection with a Northerly extension of the East right-
of-way boundary line of 40 foot wide County Road No. 472. (S. W.
72nd Avenue) ; thence Southerly a distance of 534 feet, more or less,
along the said extension of the East boundary line of County Road
No. 472 ( S. W.- 72nd Avenue) to a point of intersection with the
North boundary line of Varns Acres, a subdivision of record in
Washington County, Oregon, said point of intersection bearing South
660 36 ' 50' East a distance of 20.0 feet from the Northwest corner
of said Varns Acres subdivision; thence Easterly 1193 feet, more or
less, along the North boundary line cf Varns Acres subdivision to a
point of intersection with a Southerly extension of the centerline
of -County Road No. 1600 (S. W. 68th Avenue) ; thence Northerly along
the said extension of the centerline of County Road No. 1600 (S. W.
66th Avenue) to a point of intersection with the Southerly right-
of-way boundary line of 60 foot wide S. W. lIampL•on Street; thence'
Westerly along the said boundary line of S. W. Hampton Street to the
True Point of Beginning of this description. Except that portion of
State of Oregon Highway designated State Secondary Highway No.. 144
(Beaverton--Tigard Highway) .
Page 1 - FINAL ORDER
Pxocecaings on Proposal No. 130 commenced upon the receipt of a
t a.
petition from property owners requesting that certain px•ope:-ty
(Tax Lots 1600, 1601 and a portion of Tax Lot 1700 of 2SI - 1AC,
Washington County) be annexed to the City. The petition meets
the requirements for initiating a proposal set forth in paragraph
(c) , Section (1) of ORS 199.490.
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Upon receipt of the petition the Commission published and posted
notice of the public hearing in accordance wit:? ORS 199. 520 and !
conducted a public hearing on the proposal on April 8, 1970. The
Commission also caused a study to be made of this proposal which
considered economic , demographic and sociological trends and
physical development of the land.
On the basis of the public hearing and the study, the Commission
found that the territory to be annexed contains approximately 4.69
acres and is presently vacant. The property owner proposes to
develop the territory for multi-family use and requests annexation
in order to obtain city services, particularly sanitary sewerage
service 'and police protection, for the territory when developed.
In regard to sewerage service the City is presently undertaking a
$220,000 expansion of: its treatment plant and should be able to
have the necessary capacity to serve the area by November 1970
(an interim measure until Washington County Unified Sewerage Agency
facilities can be constructed) . The City has a sewer main installed
in the property immediately to the east which can. serve the terri-
tory. In regard to police protection the City operates a professional
police department with a force of 17 persons and can provide service
to the territory.
The proposal as submitted excluded a 10 foot strip of property in
Tax Lot 1700 (1251 - IAC, Washington County) which would prevent the
creation of an "island" area (an area completely surrounded by the
City's boundary) located to the south and east of the territory to
be annexed. The potential "island" area contains 109.34 acres and
is developed primarily for residential purposes at this time, con
taining approximately 70 single family dwelling units and an estimated
population of 345 persons.
Because of the potential for nearly creating a large "island." area
within the City, the Commission determined 1970
ined at its April 8,
puBlic hearing that "land has been improperly omitted from the
, _city and that the owner has not appeared at the hearing
" (ORS 199.475) . The Commission continued the public hearing
x until May 6, 1970 and instructed the staff to notify each property
` owner within the potential "island" area and the owners of property
immediately east of the territory to be annexed south of S. W. Hampton
Street "to appear before it and show cause, if any, why his land
should not be -included in I` city
On the basis of the cont,. s�.e, public hearing and the staff report
the Commission found that the proposed modified territory is within
the service sphere of the City for both sanitary sewers and police
protec4-ion.
Page 2 - FINAL ORDER
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In the case of sewer service, City sewor mains approach the
"island" area from three directions- -to the north and east along
S. W. Hampton St. ; to the north and west along S. {V. Hunziker SL.. ,
and to the south along S. W. 72nd Ave. In regard to police �
protection, the City already patrols the territory surrounding the
"island" area and tho boundary change would clear up a jurisdictional
f� problem .for both the City police department- and the County sheriff's
department.
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The Commission also found considerable opposition to the proposed
modified annexation at this time from residents of the "island"
area. In addition to expressions of satisfaction for current
methods of sanitary sewerage disposal (individual septic tanks)
and the current level of police protection supplied by the County j
sheriff' s off.i.r_e, the residents expressed dissatisfaction toward C
land use policies and decisions made by the City in the past. z
Particularly the residents complained about the authorization by
the City for apartments in areas immediately adjacent to the "island"
area. Because of the strcng feelings of mistrust expressed by
"island" area residents toward the City in regard to past and
proposed land use policies , the Commission continued the May 6
public hearing to June 24, 1970 so that the two parties could have
time to meet and resolve their apparent differences .
On the basis of the continued public hearing and staff report , the
Commission found that "island" area residents still oppose annexa-
tion to the City at the present time . The Commission also found
that the City is in the process of preparing a comprehensive land
use plan which includes the "island" area as well as adjacent areas.
The Commission found that the proposed modified area should logically
be in the City both for municipal service reasons and fo3• the
implementation of the City's comprehensive plan. The Commission
felt that since the City virtually surrounds the potential "island"
area and land use decisions of the City in this area greatly affect
the "island" area, one of the best ways "island" area residents can
protect their interests is through participation in the affairs of
thn City as citizens of the City.
On the basis of the findings that the residents of the potential
"island" area do not desire annexation at this time, and that the
City has the ability to provide municipal services in the territory
originally proposed and the properties immediately to the east
south of S. W. Hampton St. , the Commission approved BOUNDARY CHANGE
PROPOSAL NO. 130 as modified on June 24, 1970.
NOW THEREFORE IT IS ORDERED that the territory described above be
annexed to the City of Tigard as of 45 days from this date or at
what othersubsequent date that the law requires.
PORTLAND METROPOLITAN AREA LOCAL GOV - MENT OUNDARY COR' TSS/I(�
DATE: - June 24 , 1970 By:
� � �✓
onald C. Cease, Charman
Attest:
Page 3 - FINAL ORDER k
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