Loading...
Ordinance No. 75-32 CITY OF TIGARD, OREGON ORDINANCE No. 75 - -A2- AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 800 , INVOLVING LANDS OF THE CHURCH OF CHRIST, 98th & DURHAM, Tomship 2 South, Range 1 West, Willamette Meridien, 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, by its final order dated April 30. 1975 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: Section is That the final order of the Boundary Commission adopted on the 0th day of _April 30. 1975 a copywhereof 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 Section 4s 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. 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. 75 -§2 a f . PASSED: By unanimous vote of all Council Members present, after being read three times by number and title only, this 23rd day of June 19 . �J. Recorder - City of 7 and i APPROVED: By the Mayor, this 23rd day of June 19 75. 1 Mayor - City of Tigard %Y R Page 2 - ORDINANCE NO. - .- PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 527 S. W. Hall Street - Portland, Oregon 97201 '- Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 800 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 800 commenced upon receipt by the Boundary Commission of a petition from property owners on February 28, 1975 requesting that certain property be annexed to the City. The petition meets the requirements for ii-it­_ -_g 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 199.463 and conducted a public hearing on the proposal on April 2, 1975. The Commission also caused a study to be made on this proposal which con- sidered economic, demographic and sociological trends and projections and physical development of the land. FINDINGS On the basis of the public hearing and the study the Boundary Com- mission found that: 1. The original territory to be annexed is contiguous to the city and contains 3. 23 acres, 1 single family residence, an estimated population of 2 , and is presently evaluated at $18,400. 2. The property owners are a church and they desire the availability of services to facilitate eventual development of the property with a church. The church has had previous relations with the city and feels strongly that it wishes to deal with city rather than county as it wends its way through the construction process. 3. Current county zoning is RU-4, residential. The county has already issued a conditional use permit to allow the church. The territory is classified as Urban by both the County Framework Plan and the discussion draft of the regional plan. 4. Sewer service is not immediately available. If the property were annexed to the city, the city would provide sewer service although it would not be immediately available from the city either. - In the city or the county, sewer service would probably come from the Durham Regional Treatment Plant via a direct line. Availability of service via this line is really dependent more upon development pressutes in the area than on whether the ter]itory is inside or outside the city. Sewer service might be provided to the site earlier by some sort of temporary connection to existing or future lines in the city to the north. There is a chance that subsurface sewage disposal would be allowed until sewers are available but an initial test on this (which may not have been comprehensive) was negative. S. Police, planning and zoning, building inspection, etc. services will be available to the area immediately upon annexation. Page l FINAL ORDER i Additional properties were improperly omitted from the proposal and the owners were' not present at the hearing. On the basis of the findiownersthe ofBoundary ropertycommission improperlynomitted the hearing and notified the P 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. and on the The continued thearing was held on icri1 , basis ofthe study and the continuedpublhearngtheBoundary ��„n that: Commission furLhe t�.---d 1. The additional territory to be annexed is contiguous to the City on two . sides of the territory and contains 2.77 acres and an existing church. property o 2 . The owners (Church of God) did not respond in any manner to the notice of public hearing sent to them after the initial public hearing; and 3, The City. services available to the original territory to be annexed are also available to the additional territory to be annexed. REASONS FOR DECISION On the basis of the findings the Commission determined that: I . The original property owners desire annexation so that they can be within and work with the entity that will eventually provide them with sewer service. 2. The county has already issued a conditional use permit for con- struction of a church on the original annexation territory. {¢ 3. The territory is designated Urban on both the County Framework Plan and the discussion draft of the regional plan. The proposed development thus conforms to these plans. 4. Police, planning and zoning, building inspection, and other city services will be available immediately upon annexation. ORDER On the basis.. nf the findings and reasons listed above the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 800. as modified on April 30, 1975. NOW THEREFORE IT IS ORDERED THAT the territory described in Appendix "A” and depicted on the attached map, be annexed to the City of Tigard as of this date. PORTLAND METROPOLITAN AREA LOCAL GOVER NT BO RY COMMISSION DATE; April 30, 1975 By: Chairman Anthony F der' i, fi Page 2 - FINAL ORDER Attest: . ---- Appendix "A" j Proposal No. 800 i CITY OF TIGARD Annexation S t Beginning at the northwesterly corner of Lot 19, Alderbrook Farm, a duly recorded subdivision of record in Gook 2, Page 69, Plat records of Uashington County, Oregon; thence running South 00 07' 21" West a distance of 894. 26 feet, along the west line of said Lot 19 of Alderbrook Farm, to a point of intersection With the center line of Durham Road (County Road 1429) , said centerline also being the south line of Section 11, T2S, R1W. W.M; thence Westerly along said Section Line to a point of intersection With a southerly extension of the center line of S.W. 98th Avenue (County Road 2048); thence Northerly along said center line of S.W. 98th Avenue to the northwesterly corner of Lot 20 of said Alderbrook Farm; thence South 890 541 31" East a distance of 330.1 feet, moreor less, I to the point of beginning of this description. 2 'qac i sas. •i a aar Ofa N 0,B 00 t r ! s w w k t CITY OF TIGARD 1050. o „ L 460. M.a4 r! M + Tip ac ss SE M 60 100 taxi F.es+:e. .!tl.oR. I.loae t:• '� � AR. ♦ t', Yfl ;;::;:::;;:::: ly iiE�iF H. s :: t � 1 Z 78 C, :*::Z. . ...e _'z... ..... : is =31niii. 2[ HMM MT.... 22 . CITY OF TIGARD ws AREA TO BE. <. 2401 ANNEXED .P-400 .♦.iqq !®AR. i O :5............. ::::: ..............:: :S 111flL, OWN n Z i:ii:: It ORO FARM ee 1 4 BE. 0N. �. �C`R Na 2440 CA Nis 204C. 610 DURM�� pROPOSAL NO. 800 r. CITY OF TIGARD ANNEXATIO?I