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Ordinance No. 74-13 ............ ...... t CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 677 , INVOLVING LANDS OF the Rolling Hills Area, Section 1, i Township 2 South, Range 1 West, Willamette Meridian, WASHINGTON COUNTY, OREGON, RECORDING-EFFECTIVE GATE, AND DECLARING t AN EMERGENCY t II WHEREAS, the Boundary Commission established pursuant to 1 Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated iannary 9, 1974 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, NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: F; Section to That the final order of the Boundary Commission adopted on the IL] 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 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 1 Section 4: That the City Planning Commission be, and it is hereby, '. authorizedand 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 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 Council, and approval by the Mayor. ORDINANCE No. tom- r PASSED, By unanimous vote of all Council Members present, after being read three times by number and title only, this L•z l ii: d--.7 of Febr-nary _, 19^7G Q .c3r Recorder - City of Ti d s APPROVED: By the Mayor, this lath day of 4$ebrua}y a ' lj�.�i,t f�J G.l 1. il..?'.(�G✓�'\ Mayor - City of Tip and yy F r, Page;2 - ORDINANCE No. K PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 6400 S. W. Canyon Court - Portland, Ore. 97221 - Tel: 297-2237 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 077 - Annexation of the follow- ing territory to the City of Tigard Legal Description That portion of land in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: q � Beginning at the stone marking the Southwest corner of the Peter Halter 10 acre tract in the W. W. Graham D.L.C. No. 39, in said Section 1; thence West 10 feet to a pipe; thence North 340.3 feet to the Southeast corner of that tract of land conveyed to Keith R. Peterson & Carl S. Spitznagel, Book 731, Page 917, Deed Records of said CounLy; said Southeast corner of the Peterson & Spitznagel tract of land being the True Point of Beginning of this description; thence running West, along the South Boundary line of the Peterson & Spitznagel tract of land, a distance of 334.7 feet to the Southwest corner thereof; thence North, along the West boundary line and along a Northerly extension thereof of the Peterson & Spitznagel tract of land, a distance of 313.3 feet, to a point of intersection with the centerline of 40 foot wide County Road No. 245 (SW Huntiker Road); thence Northwesterly, along the centerline of County Road No. 245, a distance of 345.5 feet, more or less, to the Northwest corner of that tract of land conveyed to Sam R. Jost et ux, Book 336, Page 534, Deed Records of said County; thence South 01° 14' 30" West, along the West boundary line of the Jost tract and along a Southerly extension thereof, a distance of 758.7 feet, more or less, to the Northwest corner of Rolling Hills, a subdivision of record in said County; thence South 01° 22' West, along the West boundary line of Rolling Hills Subdivision, a distance of 671.29 feet to the Southwest corner thereof; said Southwest corner of Rolling Hills Subdivision also being the Northwest corner of Rolling Hills Plat No. 2, a subdivision of record in said County; thence South 01° 40' West, along the West boundary line of Rolling Hills Plat No. 2, a distance of 480.0 feet to the Northwest corner of Lot 35 thereof; thence North 77° 57' 40" East, along the North boundary line of Lot 35, a distance of 229.91 feet to the most Northerly corner of Lot 35: thence Southerly, on a 200 foot radius curve to the left,, ft, o .Dlong the East boundary line of Lot 35, an arc distance of 80.06 . o feet to the most Easterly corner thereof; thence South 54' 58' West, along the Southeast boundary line of Lot 35, a distance of 243.53 feet to the most Southerly corner thereof; thence South 41°51' East, along the Southwest boundary line of Rolling Hills Plat No. 2, a distance of 161.38 feet to the Southerly most Southwest corner of said Rolling Hills Plat No. 2; thence South 88° 48' East, along the South boundary line of Rolling Hills Plat No. 2, a distance of 770.57 feet to the initial point thereof; thence continuing South 88° 48' East, along an Easterly extension of the South boundary line of Rolling Hills Plat No. 2, a distance of 10.0 feet to a point on the West right-of-way boundary line of 40 foot wide S.W. 74th Avenue; thence South 00 59' 50" West,,along the said boundary line of S.W. 74th Avenue, a distance of 44.0 feet, more or lass, to a point of intersection with a Westerly extension of the North boundary line of that tract of land conveyed to Leo & Betty Van Vorst, Book 363, Page 352, Deed Records of said County; thence South 89° 24' East, along the said extension and North line of the Van Vorst tract and continuing along an Easterly extension thereof, a distance cf 350.0 feettoa point of intersection with the East line of the William Graham D.L.C. No. 39; thence North, along the East line of the said Graham D.L.C. No. 39, a distance of 500 feet, more or less, to the. Page 1 - FINAL ORDER southwest corner of Varns Acres, a subdivision of record in said County; said Southwest corner of Varns Acres being a point in the center of 40 foot wide County Road No. 472 (S.W. 72nd Avenue); thence North 89° 19' 30" East, along the South boundary line of Varns Acres, a distance of 461.15 feet to the Northeast corner of that tract of land under contract to Ace Electric Company, Book 887, Page 730, Deed Records of said Countyf thence South, along the fast boundary line of the said Ace Electric Company tract, a distance of 340.29 feet to the Southeast corner thereof; said Southeast corner being a point on the North right-of-way boundary line of 50 foot wide S.W. Sandburg Street; thence South 880 53' East, along the said right-of-way boundayy line of said S.W. Sandburg Street, a distance of 211.0 feet to an iron pipe in the West line of the fames Hicklin A.L.C. No. 43; thence North 020 33' 20" East, along the West line of the said Hicklin D.L.C. No. 43, a distance of 340.29 feet to the Northerly Northwest corner of the said Hicklin D.L.C. No. 43; said Northerly Northwest corner thereof being a point on the South line of said Varns Aerds subdivision; thence North 89° 19' 30" East, along the South line of Varns Acres, a distance of 330 feet to the Southwest corner of Lot 4 of Varns Acres; thence North, along the West line of Lot 4 of Varns Acres a distance of 75.0 feet, more or less, to a point of intersection with the Southwest right-of-way boundary line of State Secondary Highway No. 144 (Beaverton-Tigard Highway); thence Northwesterly, along the said Southwest boundary line of State Secondary Highway No. 144, to a point of intersection with the East boundary line of Lot 12 of. said Varns Acres; thence South 000 45' West, along the East boundary line of Lot 12 and along a Southerly extension thereof, to a point of intersection with the centerline of 50 foot wide County Road No. 1286 (S.W. Varns, Street); thence South 890 26' 45" West, along the centerline of said County Road o. 1286, a distance of 322.61• feet to a point of intersection with a Southerly extension of the West boundary Line of said Lot 12; r said West boundary line of Lot 12 also being the East right-of-way boundary line of County Road No. 472 (40 foot wide S.W. 72nd Avenue); thence North 000 42' East, along the said extension and West boundary line of Lot 12, a distance of 662.11 feet to the Northwest corner of Lot 12; thence North 89° 34' East, along the North boundary line of Lot 12 and continuing along the North boundary Zine of Lot 11 of said subdivision, a distance of 450 feet, more or less, to a point of intersection with the Northeast right-of-way boundary line of State Secondary Highway No. 144 (Beaverton-Tigard Highway); thence Northwesterly, along the said Northeast boundary line of State Secondary Highway No. 144, a distance of 700 feet, more or less, to a point of intersection with the South right-of-way boundary line of 60 foot wide S.W. E Hampton Street; thence South 89° 05' West, along a Westerly extension of the South boundary line of 60 foot wide S.W. Hampton Street, a distance of 80 feet, more or less, 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, along the said extension of the East right-of-way boundary line of County Road No. 472, a distance of 210 feet, more or less, to a point of intersection with an Easterly extension of the centerline of 40 foot wide County Road No. 245 (S.W. Hunziker Street); thence South 89° 44' Went, along the said extension of the centerline of County Road No. 245, a distance of 765 feet, more or less, to a point of intersection with ' a Northerly extension of the Southwest right-of-way boundary line of State Secondary Highway No. 144 (Beaverton-Tigard Highway); thence Southerly, along the said Northerly extension of the Southwest right-of-way boundary line of State Secondary Highway No. 144, a distance of 20.0 feet to a point of intersection with the South right-of-way boundary line of said County Road No. 245; thence Southerly and South= easterly, along the Southwest right-of-way boundary line of State Secondary Highway No. 144, to a point of intersection with the East boundary line of the said Peterson & Spitzr[agel tract of land; thence South 000 43' 30" West, along the East boundary line of the said Peterson & Spitzriagel tract of land, a distance of 255 feet, more or less, to the Southeast corner. thereof; said Southeast corner of the Peterson & Spitznagel tract of land being the True Point of Beginning of this description. k V Page 2 - FINAL ORDER PS•oceedings on Proposal No. 677 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 CVmmaission 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, 1974. 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. 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 61.7 acres, 66 single family residences , one commercial structure and an estimated population of 198 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 city surrounds them but they do not pay a proportionate share of the costs; d) the city is the logical provider of sewage collection in the area. Provision by the city would avoid a possibly complicated contractual arrangements between the city and the Unified Sewerage Agency; e) planning for land use, sewers , storm drainage, police patrols etc. is unduly complicated if not impossible with the area as an island in the city; f) the Rolling Hills area is physically, socially and economically ,_ T• c has no an integral part of the ti. communi�y ania as susuch - - - effective voice in the governmental unit most directly affect- ing their property. On the basis of the findings listed above the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 677 on January 9, 1974. 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: January 9, 1974By: i' Jerry airman Atest : Page 3 - FINAL ORDER PROPOSAL. Na 6? ? n � i e. a) t, h G .r1 AREA TO BE ANNEXED �S.• S� ET v hN4,