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Ordinance No. 72-59 tia � CITY OF TIGARD, OREGON ORDINANCE NO. 72 AN ORDINANCE RATIFIelma, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 458 , INVOLVING LANDS OF Schulz and Stalick, et al, in Section-75 and Section 3. T2S, R1W, Willamette Meridian, WASHINGTON COUNTv, OREGON, RECORDING EFFACTIVE DATE, AND DECLARING AN EMERGENCY WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated Sep teirdber. 6, 1972 approved tha hereinafter described change--fn the boundaries of the City of Tigard, and a copy of said final order has been filed with the City Recorder, r NOW THQ.REFORE, j jll THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: That the final order of the Boundary comm sssiion j adopted on the 6th day of September, 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 tb:jy 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. Sectionl''T- That the Recorder of the City of Tigard be, and she is hereby, directed to forthwith file a cony of this ordiniincluding a copy of said Order, in the following offices. (a) Secretary of State (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, Washington County l 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 thedescribedpremises to the requirements of the Cry's Zoning [ 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 v 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 f thin Council, and approval by the Mayor. 11� , ORDINANCE No. 72- s a; i z L PASSED: By unanimous vests of all Council Members present, atter being read three times by number and title only, this 9th day of ocj;ober , 19-72 . Recorder - Oit� 'ard i ApPrOVED. by the Mayor, this 9th days of October 1972` I Mayor City of Tigard 4 . l I Page 2 - tDINANCZ No. Tz- PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CONZIISSION 6400 S. W. Canyon Court Portland, Oregon 97221 - Tel: 297-2237 FINAL ORDER FES 1 - 79/ RE: BOUNDARY CHANGE PROPOSAL NO. 458 - Annexation of RAry 6p�iow- ing territory to the City of Tigard CARD Legal Description That tract of land in Section 2 and Section 3 of Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being 'more particularly described as follows : Beginning at the Northeast corner of Cottonwood Place, a subdivision of -record in said County; running thence North 000 06' West a distance of 373.74 feet to an iron pipe; thence West a distance of 558.5 feet to an iron pipe; thence North 000 49' East a distance of 100.0 feet to an iron pipe; thence West a distance of 197.8 feet to an iron pipe in the East right- of-way boundary line of 40 foot wide County Road No. 495 (S.W. Tiedeman Ave.) ; thence continuing West a distance of 20. 0 feet to a point of intersection with the centerline of said County Road No. 495; thence South 010 00' West a distance of 479 . 5 feet, along the centerline of said County Road No. 495, to a point of intersection with_a Westerly extension of the North boundary line of said Cottonwood Place subdivision; thence North 890 21' East a distance of 782.76 feet, along the Norah boundary line of Cottonwood Place subdivision and said exten- sion thereof, to the point of beginning of this description. Containing 7.37 Acres. Proceedings on Proposal No. 458 commenced upon receipt by the Boundary Commission of a petition from property owners on July 13, 1972 requesting that certain property be annexed to the City. The petition meets the requirements for initiating a proposal set forth in ORS 222.170 and paragraph (a) Section (3) of ORS 199. 490. Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199. S20 and conducted a public hearing on the proposal on August 9, 1972. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projec- tions and physical development of the land. Page 1 - FINAL ORDER .y On the basis of the public hearing and the study, the Boundary Commission made a number of findings : a) the territory to be annexed in the original petition is contiguous to the City and contains 6. 7 acres , one single family dwelling and an estimated population of 3 persons ; b) the property owner requests annexation to obtain City services , particularly sanitary sewers and police pro- tection to facilitate the construction of single family dwellings iii the territory; c) the proposed development is compatible with existing City and County zoning and land use plans and the City has a 10" sewer main adjacent to the territory and has the ability to provide the service; and d) additional properties were improperly omitted from the proposal and the owners were not present at the hearing. On the basis of the findings the Boundary 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 ORS 199.475. The continued public hearing was held on September 6, 1972, and on the basis of the study and the continued public hearing the Boundary Commission found that: a) the additional property contains .45 acres , and the services available to the original area to be annexed are available to the additional area; b) the additional property if not annexed would be an unincorporated "island" area within the City's boundary; and c) inclusion of the additional property would eliminate a confusing boundary and jurisdictional situation. ' On the basis of the findings listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 459 as modified on September 6, 1972. 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 DA'TF. September 6, 1972 By: erry errs, Aya e Z - FINAL At t, Pa 31'Lr g INAL ORDER Ci PROPOSAL NO, 4-5B as armeeesueuee:ee ,• 0 3:r`�4 �P t A W x r � r s d r r r � 4 +1 ddd7 a� ' 0' 2 � � u 1 r .A A1 V ®f Ni 1 � s a aanaeae a e eun e - (33 1—L a.458 1