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Ordinance No. 77-08 CITY OF TIGARD, OREGON ORDINANCE No. 77 -� AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 1003 , INVOLVING LANDS OF r S.W. FREWING & S.W. ASH (ANDERSON/CALDWELL), Township 2 South, Range 1 West, W.M. WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY. L WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated November 17. 1976 approved the hereinafter described change in the boundaries of the City of Tigard, and a copy of said final order has been j filed with the City Recorder. f k NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Sectian 1: That the final order of the Boundary Commission adopted on the 17th day of November, 1976 , a copy whereof is hereto attached and by this reference made a part hereof, be, and the same is, hereby t 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 z 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 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. 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. 77 - � f` F F. } PASSED: By unanimous vote of all Council mf:mbers present, after being read th ee times by number and title only, this day_ of c 19 77 l F s Recorder - City of Tigard APPROVED: l3. the -Mayor, this of /j'' 1 } M } , �_. day !/ah. ,�..,,.. , 9 77 . {i I` Mayor - City of Tigard s 4 fr : t PAGE 2 ORDINANCE No. 77 - 1 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 517 S. W. Hall Street - Portland, Oregon 97201 - Tel; 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1003 - Annexation of territory to the City of Tigard. Proceedings on Proposal. No. 1003 commenced upon receipt by the Boundary Commission of a petition from property owners on October 14, 1976 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 (4) 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 November 179 1976. 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, FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory to be annexed is contiguous to the city and contains 2.87 acres, 3 single family dwellings, an estimated population of 9, and is assessed at $74,700. 2. The petitioners desire annexation in order to make city services available to their property. 3. One property owner who did not sign the petition was included because the parcel would become an island if the other two properties are annexed, 4. The territory is classified as Urban by the Washington County Framework Plan and the proposed CRAG Framework Plan. The City's plan designates the area as residential commercial which would allow up to 13 units per acre. Current county zoning (RU-4) would allow development on 7000 sq. ft. lots The Washington County Planning staff has indicated that they have no objections to this proposal. Page 1 FINAL ORDER 5. The city has a sewer line in SW Frewing with service available t immediately upon annexation to two of the parcels proposed for annexation. The third parcel (TL 600) is already connected to the city system. Other city services such as street maintenance, library, etc. , would be available upon annexation. 6. Water service and fire protection are provided by the Tigard Water District and the Tualatin RFPD respectively and this would not change since the city is already a part of both districts. REASONS FOR DECISION On the basis of the findings the Commission determined that: 1. The petitioners desire annexation in order to make city services available to their properties. 2. The territory is designated for urban uses by the Washington County Framework Plan, proposed CRAG Framework Plan and the city's comprehensive plan. The County Planning staff has reviewed the proposal and has no objections. 3. Services can be made immediately available by the city and in fact one of the properties is already connected to the city sewers. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1003 on November 17, 1976. 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 GOVERNMENT BOUNDARY COMMISSION DATE: November i 7, 1976 By: aro yn Gassaw Chairman Attest: Page 2 FINAL .ORDER i Appendix "A" Proposal No. 1003 City of Tigard Annexation That portion of land in Section 2 of Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the intersection of the centerlines of SW Ash Ave. and SW Frewing St. ; thence S 38° 25' W along said centerline of SW Ash Ave. distance of 365.46 feet; thence N 29° 24' W a distance of 418.44 feet; thence N 58° 27' E a distance of 335. 22 feet; thence N 30° 04' W a distance of 22 feet; thence N 54° 27' E a distance of 175 feet; t1hei.ice S 290 55'10" E a distance of 117 feet; thence S 54° 27' W distance of 175 feet; thence S 300 04' E along the center line of SW Frewing St. a distance of 195 feet to the point of beginning. a. s t ; Pr -x r h Page 3 FINAL ORDER P t PORTLAND I'I:T'ROPOLiAlk-; APIA LOCAL (A)M.'ll'T"IT r-OUAIVRY rrlION 527 S. U. Lall Street - Portl;and, Ore?;on 97201 - Tei : 229-5307 Attached is a correction on PIP'AL ORDER "o. sent to you previously. The correction is for: 1-7 Corrected "in Corrector'. Legal I-7 ot'ie r Vould you. Please sill stitute the correction enclosed on your copy of the-Final Order Tim] you ,11 Doi ild I:. Carlson Executive Officer x Appendix "A" Proposal No. 1003 City of Tigard Annexation That portion of land in Section 2 of Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the intersection of the centerlines of SW Ash Ave. and SW Frewing St. ; thence S 38° 25' W along said centerline of SW Ash Ave. distance of 365.,46 feet; thence N 29° 24' W a distance of 418.44 feet; thence N 58° 27' E a distance of 335. 22 feet; thence N 30° 04' W a distance of 22 feet; thence N 54° 27' E a distance of 175 feet; thence S 29° 55' 10" E a distance of 117 feet; thence S 54° 27' E a distance of 175 feet; thence S 30° 04' E along the center line of SW Frewing St. a distance of 195 feet to the point of beginning. Page 3 g FINAL ORDER { i / PvrNt. 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