Loading...
Ordinance No. 78-51 CITY OF TIGARD, OREGON ORDINANCE No. 78 - f' AN OEtDINANCE RATIFYING, CONFIRMING AND RECORDING CHANCE? IN THE BOUNDARIES OF THE CITY OF 'TIGARD BY THE BOUNDARY C%DIISSION, ORDER No. 1262 , INVOLVING LANDS OF BECHTOLD ANNEXATION, SECTION 10, T2S, RIW, WILLAMETTE MERIDIAN, WASH.CNGTON 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 July 5, 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 5th day of Jul, 1978 , 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 lim s of the City of Tigard are hereby chaned 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 Scctiun 4: That the City Planning Commission be, and it is hereby, authorized and directed to conduct such proceedings as may be necessary to con-onm the authorized zoning and land use of the described premises to the requirements of the City's Zoning Map and Code. Se• tior, 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 bou,.d.-ries 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 tine Council, and approval by the Mayor. a PAS,50: By IE4' vote of all Council members present, after being read two times by number and title only, this 1L7-h day of - i R corder-CCity of Tigard �tl APPROVED: By the Mayor, this J/Th day of Mayor - City of Tigard .: PAGE 2 ORDtANCE No. 78 - ' I UUNUAKT l;tiuii»iv�' I'OR'I'I.AND METROPOLITAN ARCA LOCAL COVERI�m1IiN1' 3 i 320 S. 'W, Stark - (#530) - Pc)rtland, Ore. 97204 - Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1262 - Annexation of territory to the Cliy of Tib"gard, Proceedings on Proposi,i No. 1262 coir�nenced upon receipt by Lhe Bound-,, coRnnlssion of a petition from property Owners on May 26, 1978 requesting that certain property be annexed to the city. The petition meets the requirement4 s orinitiating490. proposal set forth in ORS 222.170 and paragraph (a) ( ) of ORS 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 Irear- ing on the proposal on July S, 1978. 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 y 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 138.11 acres, 8 single family residences, 2 churches and is evaluated at �i. $782,300. 2. The property owners desire city services to facilitate development. 3. The city has extended sewer services to the Ames' subdivision and the Edwards' subdivision. The Attorney General advises that this constitutes an extra- territorial extension and that ORS 199.464(3) applies. 4. The area is o;. the northeast slope of Bull Mtn. and is generally developed with single family residences on large lots. S. The city's comprehensive plan designates the area Low Density Residential. 5. The county comprehensive plan desigiiates the easterly portion of the site Urban and the westerly portion Urban intermediate. 7. Two subdivisions have been approved in the area one on the Ames' property and one on the Edwards' property. 81 The CRAG plan desigg aces the easterly portion within the Immediate Urban Growth Boundary, and the westerly portion is outside this boundary The wrote proposal is within the Urban category. 9. All the area within the proposed annexation meets the LCDC criteria except the properties owned by Bechtold (Tax Lots 400 and 500, 2S 1 XC ; and Tax Lot 1400, 2S 1 4). 10. The area is presently served by sewers. The Bechtold property could be served by extension of sewers serving the Ames' project. ' Treatment is provided at the Durham Plant. The system is adequate to serve the proposed area. V. Page 1 FINAL ORDER 11. The territory is within the Tigard Water District :.,h:ich is seriring the area. There are 2 major reservoirs within the territory to be annexed. The present development ;:ithin the area is served by the district. The system is adequate to accommodate development in the area. 12. The teE iwrll Is ::i ': :h tl:? lUalati;a Rr-l'D which also providLs fire service for the city. This service will not he affected by the ai-Lnexation. 13. Police protection, parks, street and lighting maintenance can be provided by the city upon annexation. 14. . The area is within the sphere of influence of the Tigard community. 15. Additional territory must be deleted if the Bechtold property (50.2 acres and $120,500 assessed value) is deleted in order for the proposal to remain within the confines of the "triple-majority" requirements (ORS 222.170). The deletion of four tax lots (TLs 1502, 1600, 1700 and 1701, 2S 1 10B) containing a total of 3.47 acres, 3 single family dwellings, and estimated population of 12 persons and an assessed value of $180,000 are sufficient to achieve that objective. REASONS FOR DECISION On the basis of the findings the Commission determined that: 1. The proposal should be modified to delete the following tax lots: 400 and 500, 2S 1 3CC; 1400, 2S 1 4; 1502, 1600, 1700 and 1701, 2S 1 10$ and approved for the following reasons: a. The petitioners desire city services to facilitate development of single family residential subdivisions. These subdivisions have been approved and sewers have been extended. The extension of sewer requires Boundary Commission approval. b. The area is within the sphere of influence of the Tigard coismurity. c. upon annexation a full range of urban services will be available from the city. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1262 as modified on July 5, 1978. NOW THEFEFORE 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 COM II SS ION � Date: July S, 1978 By: Carol assaway Chairman Attest: Page 2 -,FINAL ORDER I, I AIT fNlliX rrHrr ! Proposal No. 1262 Muiexation i Beginning at the Southeast corner of COLES ACRES, a subdivision of record in said County; thence running North, along the East boundary line of said subdivision, a distance of 132.57 feet to the Northeast corner of that tract of land conveyed tQ Christ ® the King Lutheran Cl.iurc.h, by deed, recorded in Book 457 on rage , 206 in said County's records; thence (Vest, along the North boundary line of said church tract, a distance of 170 feet to the Northwest corner of said church tract; thence South, along the {'Jest boundary line of said church tract , a distance of 132.07 feet to the Southwest corner of said church tract; said .corner being a point on the South boundary line of said su})di.yision; thence Westerly, alon- the South boundary line of said subdivision, a distance of 490.4 feet to the Southwest corner of said subdivison; thence North, along the ,Vest boundary line of said subdivision , a � distance of 652.5 feet to ; Southv;,est corner of that tract of land conveyed to John H. & Sallee M. Knueppel, by deed, recorded in Book 945 on Page 947 in said Countys records; thence Fast, along the South boundary line of said Knueppel tract, a distance j of 133.0 feet to the most Southerly Southeast cornea of said Knuepple tract; thence Northerly, along the most Southerly East boundary line of said Knueppel tract a distance of 90;5 feet to a point; thence Easterly, along the most Easterly South boundary line of said Knueppel tract , a distance of 172;0 feet to the most Easterly Southeast corner of said Knueppel tract; thence Northerly, along the most Northerly East boundary line of said Knueppel tract a distance of 40.0 feet to the Northeast corner of said Knueppel tract; thence Westerly, along the North boundary line of said Knueprel tract; a distance of 305.0 feet to the Northwest corner of said Knueppel tract; thence Southerly along the West boundary line of said COLE. ACRES subdivision, a distance of 130;5 feet, more or less, ' to the Nortbeast corner of that tract of land conveyed to the Diocese. of Oregon, by deed, in. Book 426 on Page 598 in said County's records; thence Westerly, along the North boundary line. of said Diocese of Oregon tract, a distance of 227 feet, more or less, to the Northwest corner of said Diocese of Oregon tract; said corner also being the Northeast cox-ner of that tract of land conveyed to Edwards Industries Inc, by deed, recorded in Book 730 on Page 96 in said County's records; thence Westerly, along the North boundary line of said Edwards Industries tract, a distance of 936.76 feet to the Northwest corner of sa.id Edwards Industries tract; said corner also being the 11ortheast corner of that tract of land conveyed to oonald %4. R• Dorothy. V. �,1cCreight, by deed, recorded in Book 291 on Fuge 53 in said C;oun tys records; thence Westerly along the North boundary line of said McCreight tract, a distance of 174 feet, snore or less, to the Southeast corner of that tract of land conveyed to Tigard Vaier District, by deed, recorded in Booh. 90-on Page 297 in said County's records; thence Ngrth, along the East boundary line of said Tigard Water Dj_stri,ct tract, a distance of 10,0 feet to the Northeast cQ.rner of said Tigard Stater District tract.; said corner also being the most Easterly Southeast corner of that tract of land conveyed to Tigard Water District, by deed, recorded in BooIc 356 on Page 646 in said Countys g;' records; thence North, along the most Easterly boundary line of the (last) said Tigard Water District tract, a distance of 10 feet to the 'ilortheast corner of the (last) said Tigard Water District tract; thence 11.'est, along the- North boundary line of the Page 3 - FINAL ORDER i 01262 ( last) said Tigard Water District tract , a distance of 317. 5 feet to a I>O"t { on tile East b��undary line of that tract of land conveyed to Arthur G. Rc El pie W. Ames , by deed, recorded in Book 401 on Page 483 in said County ' s records; nce ., , t1)erac•e North, along the East boundary line of said ,mos Tac+t , a rii5ta to a point of intersection with the Smith right- Uf 5:30 f�'c��. • more car •�:. � , i.ln foot +ide-Cc_it�3ty Road No. 411) ; of-way b()undary line of SW Gaarde Street thence Westerly, along said right-of-Way line of S.W. Gaarde Street, a distance of 200 feet , more or less, to a point of intersection with the West right-of-«'ay boundary line of S.W. 121st Avenue (40 foot wide-County Road No 411) , said point also being on the North boundary line of said before mentioned Ames tract ; thence W'est, along the North boundary line of said Ames tract , a distance of 780. 76 feet , more or less, to the Northwest corner of said Ames tract, said corner being the Northeast corner of Section 9, Township 2 South, Range l West, Willamette Meridian, Washington County , Oregon; thence South, along the East boundary line of said Section 9, a distance of 610:95 feet, to the Northeast corner of thatdt ac`3oof Landon co^veyed to Robert R. & Joan C. Harvey , by deed, 78 Page 586 in said County's records; thence West, along the North boundary ct, a distance of 660 feet to the Northwest corner line of said Harvey tra of said Harvey tract; thence South, along ehSo`u7thwestboundary cornerlofesaidsHarvey Harvey tract, a distance of 140 feet to th . tract ; thence East, along the South boundary line of said Harvey tract , a distance of 660 feet to the Southeast corner of said Harvey ttract ;Soath,caloq being a point on the East boundary line of said Section 9; , said Section line, a distance of 1110 feet , more or less, to a point of inter section with the centerline of S.W. Bull Mountain Road (40 foot wide-County E Road No. 147?); thence Easterly, along the centerline of S.W. Bull Mountain e o a point of intersection with Road, a distance of 805.85 feet ta Southerly extension of the West boundary line of that tract of land conveyed .to Courtney D. Lasselle and Barbara M. Lasselle by dee3 recorded in Book 519, thence North, along said Southerly on Page 245 in said County's records; extension and 'Nest Boundary line, a distance of 313 feet to the Northwest corner of said Lasselle tract; thence North 860 02' East, along the North 6 boundary line of said-- _ tract and along she North boundary line of that tract of land conveyed to Courtney Dale Lasselle by deed recorded tontBook 51 be on Page 245 in said County' s- Records, a distance of 303.85 feet, e East Northeast corner of said Lasselle t+aand ahSoutherlyence hextension, along hthereof, a 4 boundary line of said Lasselle trac distance of 313 feet to the centerline of S.W. Bull Mountain Road; thence Easterly, along the centerline of S.W. Bull Mountain Road, a distance of 358 feet, more or less, to a point of intersection_with a Southerly extensio of the West Boundary line of that tract of "Land' conveyed to Walter C. Baker and Irene R. Baker in Book 983 on Page 105 in said County's records thence North, along said Southerly extension and West boundary line, a distance of 294 feet to the Northwest corner of said Baker tract; thence East, along the North boundary line of said Baker tract, a distance of 120 feet, to the ract; thence South 00 43' Nest, along the Northeast corner of said Baker t ' tract, a distance of 42.57 feet, to the East boundary line of said Baker Northwest corner Page 4 - FINAL ORDER #1262 that tract of 1,nd conveyed to Robert L. Goodrich and Claire B. Goodrich by decd recorded In Book 599 on Pale 14 10 in cam f`". m t y'S .eCordS; pii)ciii c %i»i, along Ule NOI"th t)OUnda ry line of said Goodrich tract, a distanceof 137.02 feet, to the Northeast corner of said Goodrich tract; thence South 0.° 43' West, along the East houndary line of said Goodrich tract and a Southerly extension thereof, a distance of 223.55 feet, to the centerline of SW Bull Mountain Road; thence Easterly, along the centerline of SW Bull Mountain Road, a distance of, 1650 feet luore or less, to a point of intersection with the North,,aesterly right-of-way boundary line of SW Pacific Highway West (State Primary Highway No. 1); thence North 25° 30' Fast, along said right-of-way line of SW Pacific Highway West, a distance of 200.32 feet to a point on the South boundary line of the AMENDED PLAT of CANTERBURY PLACE, a subdivision of record in said County; thence West, along the South boundary line of said subdivision, a distance of 145 feet, mere or less, to the South- west corner of said subdivision; said corner also being the Southeast corner of said COLES ACRES subdivision and the point of beginning of this description. I I Page 5 FINAL ORDER ° • � 148S ML a r w► Fjai�f f1 liror%osal Now lz 1 � 1 • 1 ; %%�Y O I I�• ' .w_.!�u_.',..- Fc+e.y r-�-,•r.p-��- I.rr..����'V_.U 1-�. -.1+r.�u• �„'��1_J _ !.� C.. F � t UI I r N YI I , N O 0 *-� - h tA • G� F 3 � e : N � s Si C p ! r'-'•I I .j. F A) 1 w• N �� Vic)clp t o y I , :�S^ � '��. Al I.Iti ')J ll•.I9__,!.!N er IV as - Lam_ sg SM! 114th_ AVt. ' �\ t1 J• t jl! eN i t tYt tY��Zr`� t i• tlr :� I F:•'� °��' i (j J " _ `!� ?v�'• Q� L,Co PROPOSAL NO. 1262 CITY OF TIGARD 1 € ANNEXATION m FIG. 2 I