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Ordinance No. 77-09 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. 1002 , INVOLVING LANDS OF S.W. FREWING STREET AREA (MASTER DEVELOPMENT CO.) T2S, R1W, W.M., 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 I dated November 17, 1976 approved the hereinafter described change in j 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 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 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 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. ORDINA14CE No. 77 - ��- PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this -2 d. day, of �, 19 77 Recorder - City dfrilia APPROVED: By the Mayor, this 2c_ day of �� ,L,, „�, , 1.9 77 , Mayor - City of Tigard k , 5 P PAGE 2 ORDINANCE No. - � PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION S27 S. W. Hall Street - Portland , Oregon 97201 - Tel : 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1002 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 1002 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 17 , 1976. 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. FINDINGS On the basis of the public hearing and the study the Boundary Com- mission found that: 1 . The territory to be annexed is contiguous to the city and contains 1.36 acres , l single family residence and is evaluated at $14,100. 2. One property owner desires city services to facilitate develop- ment of a duplex and the other property is owned by a church which uses it for access to its facilities already within the city. 3. The area to be annexed is within the Urban category on the Wash. Co. Framework Plan and is currently zoned RU-4 which would allow for the proposed development. The city's plan calls for high density residential and would allow the duplex as a conditional use in this area. 4. The city has sewer service immediately available on annexation. Water service is presently available from the Tigard Water Dist. and the area is already in the Tualatin RFPD. 5 . The city attempted by letter, phone and personal contact to expand this proposal into a "more reasonable boundary change" but was unable to do so. REASONS FOR DECISION On the basis of the findings the Commission determined that: Page 1 - FINAL ORDER V , f t F r 1 . One property owner desires municipal services, particularly sewers , which the city can provide. The other property owner { plans no use of the territory beyond use as access to church facilities already within the city. 2 . The area is Urban on the Washington County Framework Plan. The proposed use complies with current county zoning and can be allowed in the city as a conditional use. 3. Sewer and other services are immediately available from the city. Water and fire protection are already available from the Tigard Water District and the Tualatin RFPD. ORDER , On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1002 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 171976 By: Carolft Gassaway Chairman Attest : 1 - Page 2 FINAL ORDER k.; II PORTLAND 1ItIU)POI,IL-. +PFIA LOCAL Gom,"i, 1, f r-0 .,,.ARY f; .d. IS ION 527 S. L. Lall Street - Portland, orerion 97201 - Tel: 229-53,07 HkGHVED @-anh IIAD MAR ` g 1977 Attached is a correction AT*,QF.,ftGAWrR "o<._PQ,�, sent to you previously. The correction is for: !-7 Correeted "an i Corrccte ! Legal ! 7 (Wier t'oul.d you please sial stitiatc, t'?e correction encloser' on your copy of tiro Final Order Tlionl: you Donald F.. Carlson Executive Officer r Appendix "A" Proposal No. 1002 City of Tigard Annexation Situate in the southwest quarter of Section 2, T2S, R1W, W.M. , Wash. Co. , Ore. , and being a portion of the George Richardson DLC No. 38, and being described as follows: Beginning at the west corner of Lot 8, Block 1, of the recorded plat of Viewcrest Terrace, and running thence S 35° 05' 30" E on r: the southwesterly line of said Viewcrest Terrace a distance of 166.55 ft. ; thence S 54° 27' 00" W a distance of 190.0 ft. more or less to the centerline of SW Frewing Street (CR #713) ; thence N 30° 04' 00" W a distance of 71. 7 ft. to an angle point in said SW Frewing Street; thence N 49° 22' 00" W on said centerline a distance of 206.7 ft. more or less; thence leaving said centerline and running N 45° 55' 00" E a distance of 298.6 ft. to a point; thence N 3° 03' 00" E a distance of 20.83 ft. to a point on the easterly line of Lot 21_ said Frewing's Orchard Tracts; thence ,-,S 43' 41' 00" E on said easterly line a. distance of 167. 56 ft. to a point on the northerly line of said plat of Viewcrest Terrace; thence S 54° 26' 00" W on said northerly line a distance of 98.1 ft. to the point of beginning containing 1.66 acres more or less. :4< t Page 3 - FINAL ORDER e' Appendix "All Proposal No. 1002 Annexation City of Tigard ,1.I:uaLe In the oU•.l' f1n'C'ti(_ (� !;iC"ti.'.. of Section 2 , 2 Sr--w,-In P;3t1t,e 1. ;,r(:,St , UL11o .� rill, t e_ �!� v.,.shington county, Gr(,','On, and being a portion Of t_hO Ceo-g Richnrdson D7,C No, 8, ;,nd. being ci :_c_ribed c.s f 1o:as : Beginning at- !.:!1.' w SL l:: -.C:i 'f r �.:1}. .fj i':.Oi:1C .1i. ii i'i!(; �"F;�<)i t�,•t.l Plat o f V:J cwt'1 Fid;�I. I s -nd r11 C't ci:n ( r r••�r,Cfftr i •;�:rlp�• l L _ 1[ i.' ,JJ tr JJ L Ctfr Lii f> t.a:lco p�' iU:+ , 5 1 1f.:E_L , ...t�i'li'_tr Li o 7G0. ..�+- i._ ",_, c.. i" `.S to ti: �'r^;:L'7�lii;.: .•:i .� ii `. / 7 1 '(.0 1C•�l -f+ �J l� •!'! a (;1 C L:':'.^C 7�`. i�i. i t fc t to an a <<,ie t anccc}'022, (I'd on s d center1 t C. i t11::. = u 2 0. 7 � e i!a i e c,r �C S ; ill;pCo l eavinc, said ce i,, E 1"! ii:E ! L" I ; ;l N/t5J15 ' 03''E a disc aric.e ol- 298. 6 Feet To a „ if- �,,; ;� t i r r�i, , t. t. n -c , tr_�_ ce i :)3 t', a di .i;,ce of 20.��Z r et t. to el Po [i t' on L1JP_ �..uCr.:,-1�r 1 rl Ci. l er %1 gr+i !`t1'C:o:.;yt t S Cii i_i1:"i d fI<`�CtS t?";c,ncc^-. S4 i -;1iG'0"P on saJC1 ii .:-'Ii}' 7ife t� 3 16? . 55 feet to a oillt or, til(ac, iI 'j:ly of said 'vlat 01�7 Vl:'. crest- TerrF ce; i::lCYCEt S54` 26r „ iiry S I ' � •.,it v 011 ,,ri.d nr�+rr,1e�-ly I;roc a of 08 . 1 fc!c't tc the point: c) b2fii7il� 7�L Co?t8% iJ1JL; 1 �ii� or lesS . Page 3 FINAL ORDER Proposal No. iOu f NF.V4 SW 1/4 SECTION 2 T2 S R I W W1 f WASNING70N 4OUN7 Y OREGON ire' S:ALE 1`•1o0• j. ' 1 `�\.1 1,, :•°� t•t' E NAP 1 I �� ••'f,i• • 2S 1 2AC IT f SEE NA► SEE' A► °r ter^ r,5 ' ~ • /0,S , SS 12C 2 1'6Q �('�, 1�`S' .. i '�: .:•�i `y / ` •I• • •✓�• Irs' ` rw \• a '� .�\yFr �.J� 19 4�h Is it ib ZZ2 w`.•..•r t•. . 9 r,P `, / se ''�� ]!'� • .�Q / •J ..,,b- iS •'Gjy, : T .\L,/�ti.•Y' -�'• 12 q,�'° :'•'.I 4 ., 1.20 20 .R '. 4!, .2 ^. -•e. " \�1 19 • // •2.051 ,%• N " 20• s CITY OF TIGARD • 102 .- r•!• •. 223 92 00 �i^,202 � •/ • 22 2 1'� .Ca..j r ryGj' A TO BE N� o s: •9or .'' r ANNEXEn �W 4: 700 2 r. 1U iW4t'�+� ] 22i'!'/ •zl <s /�-`brs� \ '� ' rsle coo _14 '�• ., 917 Q 90, • aTr. o ;,� ,? 17 �� r ' +'%� Y G= '•717 32 33 E.2t:—.� �A'i r e;: a ;�\ 9se i •• .1� � L y S• 93.1 1 SEE MAP SCALE I T 24.00 AS 2Eo :t 11 � m i;. ,9y,100 0 ' !s•v 100 200 sro0 941 .a r• a ��r:, F' C5 20 5 � SEE MAP 934 a0C y ; PROPOSAL NO .1002 CITY OF TIG.ARD. ANNEXATION FIG. 2: .-