Ordinance No. 71-28 i
CITY OF TIGARD, OREGON
ORDINANCE No. 7.1
I
AN ORDINANCE, RATIFYING, CONFIRMING AND RECORDING CHANGE t
IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, I
ORDER No. 298 , INVOLVING LANDS OF Edward F. Foerster, et. al.
Sections 2 &&35 in Township 1 South, Range 1 West, Willamette Meridian,
WASHINGTON COUNTY, OREGON, RECORDING EPPECTIVE DATE, AND DECLARING t
AN EMERGENCY
WHEREAS, the Boundary Commission established pursuant to
Chapter 494 Oregon saws of 1989 for the Portland Mete000litan Area,
by its final order datedci uusst�11, 1971 approved the z
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, ¢
NOW THERF.3''OP,E, i
i
THE CITY OF TIGARD ORDAINS AS FOLLOKS:
Section 1: That the final order of the Bot;ndary Commission
adopted on the 11th day of August, 1971
a copy whereof is hereto attached and by this reference made a
part hereof, be, and the same is, hereby ratified, confirmed and
adopted by reference to the same legal force and effect as if
set: 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 4.
in the within order of the Boundary Commission, and the corporate
limits of the City of Tigard are hereby changed in conformity
therewith.
Section 3: That the Recorder of the City of Tigard be, and she
is hereby, directed to forthwith file a copy of this '
ordinance, including a copy of said order, in the following
offices:
(a) Secretary of State
(b) ' L:epsrtment of Revenue and Taxation, Washington County
(c) Department of Records and Elections, Washington County
(d) Departrint of Public works, Attention: Surveyor,
Washington County
Section 4: That the City Planning Commission be, and it is hereby,
authorized and directed to conduct such proceedings as
may be necessary to conform the authorized zoning and land use of
the described premises to the requirements of the City's Zoning
Map and Code.
Sects 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
l exist, and this ordinance shall be effective upon its passage by
the Council, and approval by the Mayor.
ORDINANCE No. 71- �^
pAsszo. By iinainimous vote of all Council Members present, after
b0nq reach three times by number and title only, this
day of a"tg. ber . 192j--
1
Recorder - City of Tigat
APPROVED: 3y the Mayor, this �� day of _Sentember
Ma• o - City of Tigard
page OAMAJ3CB,PTa. 71 -
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
5400 S. 111. Canyon Court - Portland, Oregon 97221
,c
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO. 296 - Annexation of the follow-
ing territory to the City of Tigard
Legal Description
That portion of land in Section 35, Township 1 South, Range 1
Vest, Willamette Meridian, and Section 2, Township 2 South, Range
I West, Willamette Meridian, Washington County, Oregon, being
more particularly-described as follows:
Begiaining at the point of intersection of a westerly extension of
the North Line of that tract of land conveyed to Horace W. and
Esther M. Propst, Book 232, Page 501, Deed Records of said County,
with the Southern Pacific Railroad Company Southwest right-of-
way (100 ft. wide.) boundary line; running thence South 890 58 '
East, along the said extension of the North line of the Propst
tract, to the Northwest corner thereof, said Propst idorthwest
corner being a point on the Northeast right-of-way boundary line
of the Southern Pacific Railroad; thence Southeasterly, along
the Northeasterly boundary line of the Southern Pacific Railroad,
to a point of intersection with the Southerly line of that tract
of land conveyed to Ivan L. and Mary A. Arnold, B8ok 409, Page
464, Deed Records of said County; thence South 89 58' East, along
the Southerly boundary line of the said Arnold tract, a distance
of 457 feet, more or less, to the Southeast corner thereof;
thence continuing South 890 58' East, across a 30 foot roadway
(S. W. 98th Avenue) and along the Southerly boundary line of
that tract of land conveyed to Darrell J. Cutshall, et ux,
Book 540, Page 656, Deed Records of said County, to the South-
east corner of the said Cutshall tract; thence, South 000 01 ' West
a distance of 814.58 feet to the Southeast corner of Lot No. 1
of Creenburgi Heights Addition, a subdivision of record in said
County; thence South 89° 58 ' West, along the South boundary line
of said Lot No. 1, a distance of 323.4 feet to a point of inter-
section with the Northeasterly right-of-way boundary line of the
Southern Pacific P.ailroad; thence Southeasterly, along the said
Northeasterly boundary line of the Southern Pacific Railroad, to
€a point of intersection with the Northerly extension of the
Westerly boundary line of that tract of land conveyed to Wallace
E. and Mary W. Johnson, Book 753, Page 539, Deed Records of said
County, thence South 160 00' West, along the said extension and
Westerly Boundary line of the Johnson tract of land, to the
Southwest corner thereof, said Southwest corner being a point
in the center of ranno Creek; thence Westerly and upstream in
the center of Fanno Creek to the Westerly most Southwest Corner
of that tract of land convevea to Darold D. and Sue A. Snyder,
Book 496, Page 268, Deed Records of said County, said corner
also being a point on the Easterly Boundary line of that tract
Page 1 FINAL ORDER
of land conveyed to Byron H. and ,Ian C. Broms, Book 667, Page
388, Deed Records of said County; thence riorth 150 28' East,
along the Easterly boundary line of the said Broms tract of
land and along a Northeasterly extension thereof, a distance of
490.6 feet, more or less, to a point of intersection with the
Northeasterly right-of-:way boundary line of County Road No. 767
(40' wide S.W. Tigard Street) ; thence North 640 49 ' West, along
the Vorrheasterly boundary line of County Road No. 767, to a
point of intersection• with the division line between the North
and South halves of the J. Hicklin D.L.C.; thence Easterly,
along the said division line of the J. Hieklin D.L.C. , to a point
of intersection with the Southwesterly boundary line of Lot 6
of Greenburg Heights Addition; thence Northwesterly on a curve
to the richt, along the Southwesterly boundary line of said
Lot 6., to • the Northwest corner thereof, said Northwest corner of
Lot 6 also being the Southwest corner of that tract of land
conveyed to McCall Oil. Corporation, Book 488, Page 37, Deed
Records of said County; thence continuing Northwesterly, Northerly
and Northewsterly dh a curve to the right, along the Westerly
boundary line of '`the said McCall Oil Corporation tract, to the
most Northerly corner thereof, said most Northerly corner of
the McCall Oil Corporation tract being a point on the said Southern
Pacific Railroad Co. Southwest right-of-way (100 feet wide)
boundary line; thence South 180 45' East, along the said Southern
Pacific Railroad Company Southwest right-of-way boundary line,
to the point of beginning of this description. Containing
apprcx imately 28.4 acres.
WHEREAS. on May 19, 1971, the Commission received a petition from
property owners requesting th a certain property be annexed to the
City;
WHEREAS, the petition meets the requirements for initiating boundary
change proposals in ORS 222.170 and paragraph (a) , Section (1) of
ORS 199.495 ;
WHEREAS, the Commission duly published notice of public hearing in
accordance with ORS 199.520 and conducted a public hearing on
July 14, 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 approximately one acres, a single
family dwelling and an estimated population of 4 persons;
'age 2 - FINAL,ORDER
I
c) the property owners request annexation in order to
obtain city services, particularly sewers and police
protection;
d) the City- has a sewer main adjacent to the territory; 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
d 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 199.4.75,
WHEREAS, the continued public hearing was held on August 11 , 1971,
and on the basis o'f the study and continued public hearing the
Commission found that:
a) the additional properties contain approximately 22 acres ,
nine single family dwellings and an estimated population
of 30 persons; and
b) the additional properties located on the north side of
the SP&S railroad right-of-way are within the service sphere
of the City's sewer ;gain located on S. W. 98th Ave. and the
additional properties located south of the SP&S railroad
tracks are surrounded by the City on three sides and
inclusion-of this area would eliminate an irregular City
boundary for police protection purposes.
WHEREAS, on the basis of the findings the Commission approved
BOUNDARY CHANGE PROPOSAL NO. 296 as modified on August 11, 1971 ;
NOW THEREFORE IT IS ORDERED THAT the territory described above be
annexed to the City of Tigard as of this date.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
DATE: August 11, 1971 By:(
Ronald C. Cease
Chairman
Certified to be a true and ^l
exact copy of o-iUinal Att s t
Porw34:7 i L c:+ Local Com.olr vmon
.. ge-
becre"M4 of Com=16bion
Page ;3 - FINAL ODDER