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Ordinance No. 78-73 _ r CITY OF TIGARD, OREGON ORDINANCE No. __U_--� AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANCE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 1305 , INVOLVING LANDS OF ROBINSON TRACT, SECTION 27, 34, & 35TOWNSHIP 1 SOUTi, RANGE 1 WEST, 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 dated September 27. 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 _ 7 day of i tem r, 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 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. ORDINANCE leo. 78 - r; PASSED: By unan mo vote of all Council members present, after being read two times by number and title only, this _1 day Of 1400em},o✓ s =9 • � x Recorder - City of Ti a APPROVED: By the Mayor, this 43 day of o e 14 2� Mayor - City of Tigard Y PACE 2 ORDINANCE No. - - t PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel : 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1305 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 1305 commenced upon receipt by the Boundary Commission of a petition from property owners on August 18 , 1978 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 September 27 , 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 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 52 acres , is vacant, and is assessed at $15,500. 2. Petitioners desire annexation to obtain city services to facilitate development of business and warehouse complex. 3. This annexation is in compliance with LCDC Goals #1 , 2 , 3, 11 and 14. Goals #4 - 10, 12, 13 and #15 - 19 were examined and found not to apply here. 4. This proposal is compatible with regional, county, and city planning. The city's planning commission will examine the proposal for a zone change once the final plans are completed. S. The USA has a 60-inch collector running along Fanno Creek, through the western half of the territory. 6. Tigard Water District has a 12-inch water main accessible from Scholls Ferry Rd. near Fanno Creek. The District also has an 8-inch main running through the southern portion of the territory proposed for annexation. 7. The territory is in the Tualatin RFPD and will remain in the district. 8. The proposal as submitted would create an "island" of unicorporated territory along North Dakota St. principally because of the inclusion of a long strip of Southern Pacific RR right-of-way in the proposal. , Page ;1 - FINAL ORDER s REASON FOR DECISION On the basis of the findings, the Commission determined that : 1. The property owners need city services to facilitate development which are adequately available from the city. 2. The proposal action does not conflict with LCDL Goals nor with city , county, or regional planning. 3. The strip of railroad right-of-way which will create the "island" is not necessary for a viable annexation proposal. ORDER On the basis of the findings and reasons listed above , the Boundary Commission approved BOUNDARY CHANGE. PROPOSAL NO. 1305 as modified on September 27, 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: September 27, 1978 By: Robert S. Ba Chairman Attestli;". r-' 17 _ - Appendix "A" Proposal No. 1305 Annexation CITY OF TIGARD 3ittste in the hortlicast quarter of Section 34, and the South- east gi;arter of Section 27, and the Northwest quarter of Section 35, Township 1 South, Range l West , Willamette )Meridian, Washington County Oregon and being described as follows: Beginning at the intersection of the Fasterly right-of-way line of the Southern Pacific Railroad and the North line of said Section 34, said point being North 890 52 ' 50" West on said North line, a distance Of 191 . :37 feet from the Northeast corner of said Section 34, a stone found; h, 10° 43 ' East on said Easterly -right-of-way line a distance of 2054.43 feet, more or less, to a point on said Easterly right-of--ay line; More or less, to a point on the West tline eofesaidaSection distanc35;of 458. 3f' thence seat North, along said Section 35, a distance of 5 feet, more or less to a Point on said West line of Section 35; thence West a distance of 468. 2 feet, more or less, to a point on the East l , Plat of Black Bull Subdivisiine of the recorded more or less; thence Noon, thence North, a distance of 14.5 feet rth 830 43 ' 10" West, a distance of 43.24 feet ; thence North 000 North 450 3' 43"ort 20 57�+ Nest, a distance of 145.94 feet; thence West, a distance of 329. 12 feet;; thence North 610 46 ' 03" West, a distance of 28.56 feet; thence North 100 50' 11 it'est, a distance of 109. 00 feet; thence North 040 26' 48++ a1d4i of 170. 86 feet; thence North 000 06' 01" Hest, a distance West,390. 11 fees; thence North 610 01 ' S0 S+ stance North 720 44' 50" West , a distancetofa246.36nce of 454. 31 feet; thence NPrtb thence Soo 241 55" West, a distance of 85. 72 feet; thence North 47g Zres: , a distance of ]61 . 56 feet; thence South 770 32 03q � ,+ distance of 173.39 feet , . to a point on the Southerly +right-of-� aa lin of St" Scholls Fez•z•y Road (County Road No. 348 e e distance of 40 feet, to the centerline of � � thence i7orth�.esterly , a thence n=orthc4sterly, along said SW Scholls Ferry Road, a distance of 1750. 36 feet, more�ortlessnpt afthe 1 intersection d SW sofethe Road, centerl i.ne. of Sw o- Scholls Ferry Road with the F.-tsterly right-of-tray line of the Southern Pacific Railroad; thence South 180 v3' East, along said right-of-way line, a distance of 649 feet, more or lass, to a point on said Easterl right-of-way line, said point also being on the North line of said y Section 35; thence South 890 52' 50" East, along said North line, a distance of 26.41 feet , to a point on said Easterly right--of-way line, said point being the poiht of beginning. 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