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Ordinance No. 71-16 CITY OF TIGARD, OREGON ORDINANCE NO. 7Z"_LL pp AN ORDINANCE RATIFYING, CONFIMMING AND RECORDING CHFiNGE e. IN THE BOUNDARIES OF THE CITY OF TIG DY 'THE BOUNDARY COMISSION? ORD4R N0, 249 , INVOLVING LANDS OFMjru-►lear', Fate.rson, Allen, et al, in Sectional, TlS, RIW, Willamette Meridian WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATZ, AND DFCI,AR11dG ^�W1ijjEAS, the Boundary Commission establistaed pursuant to 1969 fothetan Areft, Chapter 49A Oregon Laws cf April 7, and 1971 Portlapproved Metrothe iherein atter by its final order dated P described change in the boundarizsr of the City of Tigard, and a copy of said final order has been filed with the City Recorder, NOW, THEREFORE, 4 THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: That the final order of the Boundary CoMmissiOn whereof E,3opted on the � day of A x�, il�,_.1g71 copy and by ti.3.s refArenc9 made a part hereof, be, is hereto attached is, Hereby ratified and Bite sane , confirmed and acloF.ted by re`erence to the same legalforce and affect as if set forth herein in ful l Section 2; That the boundaries of the City of Tigard be, and they {4 `� are hereby, changed to include the lands as described i wi twithin order of the Boundary Commission, and the corporate limits the of twi City rd Tigard are hereby changed in conformity therewith. Seckiori 3: That the Recorder of the City of Tigard be, and she is hereby, directed toforthwithfile a copy of this ordinance,; €, i:clding copy of said Order, in the.folloWing offices: (a) Secretary of State s (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington Caunty IF (d) Department of public Worms, Attention: Surveyor, Washington County ' section 4: That the City Planning Commission be, and it is hereby, authorized and directed to conduct such proceedings as -f may be necessary to conform the authorized zoning and land i of z. the,described premises to the requirements of the City's Zoning Map an., Code. w Section 5: Inasmuch as it is necessary for the peace, health and `. 4 safety of the people of the City of Tigard that the foregoing change in the boundaries of the City oecome a permanent [ part of the City's records, an emergency is hereby declared to exist, and this ordinance shall be effective upon iks-Passage by the �Fe Council, and approval by the Mayors zk; ORDINANCE NO. 74- d �A •Ly. � y PASSED: by unanimous vote of all Council Members present, after being read three times bylguumlber and title only, this clay of Recorce-fir G tY o kr APPitOVEG: t3y the layer, this // day a'of m ._ _, 1971: May - City of Tigan Page 2 - (?Rf3ivi�NCE No. 7�-1f PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 369 State Office Building - Portland, Oregon 97201 K Telephone . 229-5594 FINAL ORDER R BOUNDARY CHANGE PROPOSAL NO. 249 - Annexation of t le following territory to the City of Tigard, Washington County Legal Description I That portion of land in Section % Township 1 South, Range 1 Vlest, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northwest corner of the John L. Hicklin Donation hand Claim No. 54 and running thence South, along the West line thereof, a distance of 1003.2 feet to the Initial Point of Cherry Hill Acre Tracts, a subdivision of record in said County, said Initial Point of Cherry Kill Acre Tracts being the True Point of beginning of this description.; thence running South 89° 45' 45+1 East a distance of 1304.33 feet, along the centerline of 401 wide County Road No. 916 (S.`.,1. Tigard Street), to the Northeast corner of Cherr^f Fill Acre Tracts; thence continuing; South 830 45` 45" East n distance of 217.8 feet, along the centerline of 40€ wide County Road. No. 916 (S.`.I. Tigard Street), to the Northwest corner of that tract of land conveyed to Henry Tiedeman et ux, Book 450, Page 390, need Records of said County; thence Southerly aloe- the rest line of the Tiedeman tract, 7 distance of 972.0 feet to h point which bears North 25.0 feet frora a st-11ce at the Southwest corner of the T'iec'man tract; thence South 390 581' ';'est, parallel %%,ith and 25.0 feet North of tl,n division line between the north incl South halves of the �.onn L. Hic'_1in D.I.C. "To. 54, -n dis-nnce of 178 foot, noro or less, to a point; thence ._ou4.i ;_ 1 : `:fest dis trnce of 298.72 feat to L9° F"' 9.no} :t; ti,Fnce x2 feet to P. poi i t; thence North 270 57' ,;est a distance of 126.57 feet to a point; thence South 890 5S' ';`est a distance of 327.75 feet to a point on the slid ::'est line of the John L. I'.ic! lin D.E.C. No. 54; thence Porth 00 01' 1;1!est, along; the '.•Test line therco:f, to the Trus Point of beginning of this description; containing approxim?tely 32. 51 acre,), s'HERE-AS, on January 28 , 1971 , the Commission received a petition from property owners requesting that the property described above be annexed to the City; WHEREAS, the petition meets the requirements for initiating boundary a fi change proposals in ORAS 222. 170 and paragraph (a) Section (1) of ORS 199. 495; Page 1 - FINAL ORDER WHEREAS, the Commission duly published notice of public hearing in accordance with ORS 199. 520 and conducted a public hearing on February 24, 1971 , in accordance with the rules of the Commission and paragraph (b) , Section (1) of ORS 199.475 ; WHEREAS, the Commission caused a study to be made of this proposal as provided in paragraph (a) , Section (1) of ORS 199.475; WHEREAS, on the basis of the study which considered economic, demo- graphic, and sociological trends and physical development of the land, and the public hearing, the Commission found that: a) the territory to be annexed is contiguous to the city; b) the territory contains 3.85 acres and is vacant; c) the property owner proposes to construct a single family subdivision in the territory and needs sewer service from the city; d) the City has a sewer main to the south of the property and has the ability to provide the service; and e) additional properties were improperly omitted from the proposal and the owners were not present at the hearing. WHEREAS, the Commission continued the hearing and notified the owners of the property improperly omitted to appear before the Commission and show cause, if any, why their land should not be included in the proposed annexation as provided by Section (2) of ORS 199.475; WHEREAS , the continued public hearing was held on April 7, 1971, and on the basis of the study and continued public hearing the Commission found that: a) the modified annexation area contains a total of 45 acres b) seven single family dwellings anc an estimated population of 24 are included in the modif=ied annexation area; and c) the modified boundary change would eliminate an illogical boundary and jurisdictional situation WHIiREAS, on the basis of the findings the Commission approved IBOUNDARY CHANGE PROPOSAL NO. 249 as modified on April 7, 1971; NOW THEREFORE IT IS ORDERED THAT the territory described above be annexed to the City of Tigard as of this date. 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