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Ordinance No. 78-23 CITY OF TIGARD, OREGON ORDINANCE No. 78 -1,�. i AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE 4 CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 1186 Y, INVOLVING LANDS OF C & C CONSTRUCTION, SW Pacific Hwy/SW Beef Bend Road, Sec AND DECLARING2AN EMERGENCY. WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DAT I WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated Februa r 8, 1978 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 1: That the final order of the Boundary Commission adopted on the i` Rth day of Fe Harv, Lg78 , 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, t directed to forthwith file a copy of this ordinance, including a copy of said Order, in the following offices: I (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. 78 - �y ti PASSED: By vote of all Council members present, after being rea ttao times by number and title only, this day of April _: 19 78 Recorder - City of Tiga APPROVED: By the Mayor, this day of April , 19 78 . Mayor - City of Tigard PAGE 2 ORDINANCE No. 78 ( E M ` PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 527 S. W. Hall Street - Portland, Oregon 97201 - Tel : 229-5307 f FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1186 - Annexation of territory to the City of Tigard. Procedings on Proposal No. 1186 commenced upon receipt by the Boundary Commission of a petition from property owners on Decem- ber 29, 1977 requesting that certain property be annexed to the city. The petition meets the requirements for initiating a pro- posal 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 Febru- ary 8, 1978. The Commission also caused a study to be made on this proposal which considered economic, demographic and socio- logical 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 original territory to be annexed is contiguous to the city and contains 4. 35 acres, is vacant, and is evaluated at $68,700. 2. The property owners desire annexation to receive urban services to facilitate development of a residential care facility for the elderly. 3. The Tigard Comprehensive Plan designates the territory Resi- dential Commercial which could allow the proposed develop- ment. 4. The Washington County Comprehensive Plan designates the site Urban. Current county zoning is RU-20 which also would allow for the proposed development. The county staff supports the annexation, S. The CRAG plan designates the area Urban; annexation is con- sistent with the CRAG plan. 6. The proposal is consistent with LCDC goals. 7. The property is within the Tigard Water District and service is available. from a 1211 train in SW Beef Bend Rd 8. The developer is to be responsible for construction and main- tenance of ,a pressure sewer system. The city requires that Page 1 FINAL ORDER The city requires that the property be connected to gravity sewer when it becomes available. 9. Fire protection. is provided by Tualatin RFPD with a Class A rating and the nearest station is 1-1/8 miles from the T site. 10. Other urban services will be immediately available upon .annexation. 11. The Commission found that adjacent territory was improperly omitted and modified the proposal to include the territory. ` The territory included is that portion of S. W. Pacific Hwy. immediately adjacent to the original territory to be annexed. The modified territory contains approximately 1.5 acres. REASONS FOR DECISION On the basis of the findings the Commission determined that: 1. The property owners desire annexation to receive urban services to facilitate development of a residential care facility for the elderly. 2. The annexation and proposed development are in accordance with the Tigard, Washington County, and CRAG comprehensive plans. 3. A full range of public urban services is available to the territory immediately upon annexation. ORDER On the basis of the findings and reasons listed above, the Boun- dary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1186 as modified on February 8 , 1978. 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: February 8, 1978 By: Carolyff Gassaway Chairman Attest f _ Page 2 - FINAL ORDER i, Appendix "A" proposal No. 1186 ANNEXATION TO THE CITY OF TIGARD. e Y,EGAL FOR 2S1 l0A T1. �M00 2 South, Range 1 West of A tract of land in Section 10, Township State of Oregon, the Willamette Meridian in Washington County, described as follows: ! 10 and unn Beginning at an iron at the ceng nter thencedNorthi0n05' West r41416 - O thence South R9°27' Vest 223 feet; o a 62.47 fepoint on the West feet; thence North 89027' East thence Southet Ll3°42' West along said boundary of West Side Highway' highway 427.1 feet to a point inthe South line of the Northeast hig y thence South 89°27' West 237.57 feet N quarter of said Section 10; to the place of beginning. hway ALSO, including therewith, all . . acPlic1Highwayon ofPlyingcadjacent tosand seaster tate ly primary Highway No. 1 West) w:tion thereof which lies northerly of an of said tract; being limited to that p of the south Line of said tract and southerly of an easterly extension easterly extension of the north line of said tract. Page 3 - FYNAL ORDER Proposal 2S 1 IOA NE i.i :;+ Ci. "+ I�• GS R1W 1,14. •a.:s>••vc rcn Ca�T r c�.co•. SCALE 1• i 400 SCALE Zc a !0.- �a7 FCV. gEE uar IA 25 5T R'= �47 .... .2701 < .nn�roar \\j, �` .! •�'' co / a + ': CITY CF TIGARD fe� SCM Cu 7JI .P I I 'c �<� ..3 _mac-2 7 IF -23-78 ca SEE uai • n�O wi----i 22oo'i e7::.� s /�-..�,7._.. • �/ 6A :5 1 [aa — i JI µ3 I 7500 ',- PD _ als<) - RULL/. . 9j__ 36E . wo a2:A 1. ;E'7 ,.:p CAO 4743 i �y r 23-78 'r' •.::P'�9!:,.���.�. •�f• a:C2 4400 :AREA TO BE ti , V4 ANNEXED :x ,,, 4oA� iu _ i ' nail- PROPOSAL NO. 1186 CITY OF TIGARD ANNEXATION FIG. 2 t.