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Ordinance No. 74-11 CITY OF TIGARD, OREGON ORDINANCE No. 74-•_iy AN ORDINANCE RATIFYING;, CONFIRMING AND RECORDii:G C:';::CE 'aN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSIO:^%, ORDER No. 675 , INVOLVING LANDS OF the Derry Dell Area, Sections 2, 3, and 10, Township 2 South, Range 1 West, Willamette Meridian, j WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND DECLARING AN EMERGENCY WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, j by its final order dated January 9 1974 approved the 3 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, ;f f(� NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the final order of the Boundary Commission adopted on the 9th day of January, 1974 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 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 F. 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 Section 4: That the City Planning Commission be, and it is hereby, aut-horized 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. Section 5: Inasmuch as it is necessary for the peace, health and safety of the peopie 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 ehall be effective upon its passage by the Council, and approval by the Mayor. ORDINANCE No. c 7s t PASSED: By unanimous vote of all Council Members present; after being read three times by number and titla only, this 11th day of February 1974 , f Recorder - City of and } APPROVED: Ey the Mayor, this lith day of .February 19 74. Mayor - City of Tigard t s. Page 2 - bRDI.NANCE No. _L4_-_.a Y� '4-- r.X'!r t t F PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 6400 S. W. Canyon Court - Portland, Ore. 97221 - Tel : 297-2237 k r FINAL ORDER --•rAwnex..t _, of the follow- RE: BOUNDARY CHANGE PROPOSAL NO: v/ D - Cl .. n-n- Ing territory to the City of Tigaru Legal Descriptiun That portion of land in Sections 2 and 3 and 10, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Beginning at the point of intersection of the North right-of-way boundary line of 40 foot wide County Road No. 358 (S.W. Gaarde Street) with the East boundary line of that tract of land conveyed to Tigard Assembly of God, Book 622, Page 210, Deed Records of said County; thence North 00' 37' East, along the East line of the said church tract a distance of 200.0 feet to the Northwest corner of that tract of land conveyed to Bruce Kenneth Anderson et ux, Book 542, Page 221, Deed Records of said County; thence East along the North line.of the said Anderson tract a distance of 74 feet, more or less, to the Northeast corner thereof; thence North 440.0 feet, along the West line of that tract of land conveyed to the First Baptist Church of Tigard, Book 735, Page 737, Deed Records of said County, to the Northwest corner thereof; thence East 115.4 feet, more or less, along the North line of the said Baptist Church tract, to the Southwest corner of Lot 5, Block 4, Fairhaven Court, a subdivision of record in said County; thence Northerly along the West boundary of said Fairhaven Court, a distance of 698.44 feet to the Northwest corner of Lot 1, Block 3, Fairhaven Court; said corner of Lot 1, Block 3, of Fairhaven Court being the Northwest corner of said subdivision; thence Easterly, along the North boundary of said Fairhaven Court, a distance of 569.92 feet to a point of intersection with the East boundary line of Mita Park, a subdivision of record in said County; thence North 00° 33' 13" East, 386.94 feet, along the East Boundary line of said Mira Park, to the most Easterly Northeast corner thereof; thence continuing North 000 33' 13" East, 220.00 feet to an iron pipe in the South right- of-way boundary Line of County Road No. 1320 (50 f,at wide S.W. Park Street); thence North 88° 36' 08" West, 330.43 feet, along the said boundary Line of County Road No. 1320 aAd along an extension t;ereof, to a point of intersection with the 0° 38' 12" East iS.W. 10 th Avenue; thence North 0 , centerline o£ (50 foot wide) S. , 20.0 feet to a point on the centerline of said County Road No. 1320; said point being the point of intersection of the centerline of said County Road No. 1320 with the centerline of said S.W. 110th Avenue; thence North 00' 37' 06" East, 154.88 feet to the initial point of said Aura Park subdivision; said initial point of Mira Perk also being a point on the West boundary line of Derry Dell Plat No. 2, a subdivision of record in said County; thence continuing North 00°'37' 06" East, 436.28 feet, along the West boundary line of said Derry Dell subdivision, to a stone scribed X637 being the Westerly Southwest corner of the John L. Hicklin D.L.C. No. 37; said corner of the John L. Hicklin D.L.C. No. 37 also being the Northwest corner of said Derry Dell Plat No. 2; thence North 860 12' 30" East, 838.48 feet, along the North boundary line of Derry Dell Plat No. 2, to a point of intersection with the West boundary line of Rose Terrace, a subdivision of record in said County; thence North 00° 37' East, 487.90 feet to the Westerly most Northwest corner of Lot 10, Rose Terrace; thence North 47' 31' East, 106.90 feet to the most Northerly corner thereof; thence South 59° 15' East, 81,70 feet to the most Page l - FINAL ORDER r Northerly corner of Lot 41 Rose Terrace; thence Southerly 138.10 feet to the most Northerly corner of Lot 5, Rose Terrace; thence South 71° 18',East, 178.18 feet to the Northeast corner of Lot 5, Rome Terrace; thence Southeasterly 87 feet, more or less, across County Road No. 1935 (S.W. Watkins Avenue - 50 foot wide) to the most Northerly corner of Lot 2, Rose Terrace; thence South 71° 46' East, 254.89 feet to the most Easterly corner of Lot 2, Rose Terrace; thence South 40° 23' West 176.0 feet to the Southeast corner of tot 1, Rose Terrace; said Southeast corner be Vie„ # also being the quarter CurL2r said Sections 2 and 3; thence South U0= 02 West, t 398.0 feet to th. Soutlmest corner of Lot 32 of North Tigardville AdditioFV a subdivision of record in said County; thence South 89° 40' East 398.7 feet to the Southeast corner of Lot 32, North Tigardvtll& Addition, said Southeast corner of Lot 32 being in the center of (40 foot Wide) S.W. Grunt Avenue; thence South 25• 10' East. 145 feet, more or less, along the centerline of 40' wide S.W. Grant Avenue, to the most Westerly corner of Lot 33, North Tigardville Addition; thence North 45° 00' East 413.2 feet to the most Northerly corner of Lot 33, thence South 45° 00' East 207.9 feet, more or less, to the most Easterly corner of Lot 33, said Easterly corner of Lot 33 _being a point on the northwesterly right-of-way boundary line of State Primary Highway No. 1 West (S.W. Pacific Highway); thence Southwesterly, along the said boundary line of State Primary Highway No. 1 West, to a point of intersection with the centerline of said County Road No. 358 (S.W. Gaarde Street - 40 foot wide); thence Northwesterly a distance of 250 feet, more or less, along the centerline of County Road No. 358 (S.W. Gaarde Street), to the most Easterly corner of that tract of land conveyed to Henery Wayland, Book 926, Page 467, Deed Records of said County, said Wayland most Easterly corner being in the center of County Road No. 358 (S.W. Gaarde Street); thence South 33° 53' West 435.0 feet to the most Southerly corner of the Wayland tract, said most Southerly corner of the Wayland tract being a point on the Northeasterly line of Lot 1 of the Amended Plat of Canterbury Place Subdivision; thence North 580 03' West along the Northeasterly boundary line of Lot 1 of the Amended Plat of Canterbury Place, a subdivision of record in said County, a distance of 200.0 feet to the most Northerly corner thereof; thence South 88° 37' 30" West, along the North line of Lot 1 of Amended Plat of Canterbury Place, a distance of 105 feet, more or less, to the Southeast corner of that tract of land conveyed to R. & P. Gortmaker & S. & S. Culver, Book 920, Page 588, Deed Records of said County; thence North a distance of 385 feet, more or less, to the Northeast corner of the R. & P. Gortmaker & Culver tract, said Gortmaker & Culver Northeast corner being a point in the center of County Road No. 358 (S.W. Gaarde Street); thence Westerly, along the cen- terline of County Road No. 358 (S.W. Gaarde Street); to a point of intersection with a Southerly extension of the East boundary line of the said Tigard Assembly of God tract of land; thence North, along the said extension of the East boundary line of the Tigard Assembly of God tract of land, a distance of 20.0 feet to the point of beginning of this description. Proceedings on Proposal No. 675 commenced upon receipt by the Boundary Commission of a resolution from the Tigard City Council on December 6, 1973 requesting that the property described above be annexed to the City. The resolution meets the requirements for initiating a proposal set forth in ORS 222.750 and paragraph (a) Section (3) of ORS 199.490. Upon receipt of the resolution the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on January 9, 1973. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. Page- 2 - FINAL ORDER '4 On the basis of the public hearing and the study the Boundary Com- mission made a number of findings : a) the territory to be annexed is contiguous to the City and contains 89.87 acres, 142 single family residences, 22 multi- family dwelling units, 6 commercial structures and an esti- mated population of 500 persons; b) the city desires annexation of the area which is completely surrounded by the city, to simplify the provision of services both within the area and within the rest of the city; c) residents of the area utilize streets and other city services on a regular basis by virtue of the fact that the cith surrounds them but they do not pay a proportionate share of the costs either through city taxes nor through increased population base for receipt of State share revenues; d) the city is the logical provider of sewage collection to the area; provision by the city would avoid a complicated con- tractual arrangement between the city and the Unified Sewerage Agency as well as simplify the planning, engineering and in- stallation of the sewers; e) planning for an implementation of land use, sewers, storm drainage, street improvements and maintenance, police patrols, etc. , is unduly complicated if not impossible with the area as an island in the city; and 3: f) the Derry Dell area is- physically, socially and economically an integral part of the Tigard community and as Long as it remains outside of the city its residents and property owners have no effective voice in the governmental decision-making 'F which directly affects their lives and property. On the basis of the findings listed above the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 675 on January 9, 1974. w NOW THEREFORE IT _IS ORDERED THAT the territory described above be "i'-exed to the City of Tigardas of this dare_ PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION DATE: January 9, 1974 By } Jer ip r a Attes - 3 Page 3 - FINAL ORDER ROPO SAL N €o NN ER I c w % r' Cp RT _D L I S ' T i erg' W 54 '�N I PAK 9TR E c / 4sA LA NE 8 G IRHAV ss FAI N y�P - sa s ! c C g_s SW Hi1LL'IE`N T;(E T � O N Z �4 c S n .,,1! m T pO��F�R Tom` 62 r m S w F LO NOTE: All unmarked tax S<l lots . are zoned N7, Single Family 11198- IF