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Ordinance No. 80-27 T CITY OF TIGARD, OREGON ORDINANCE No.80 - !1N ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY COMMISSION, ORDER NO. 1531 RECORDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (GREENBURG ANNEXATION) WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated 2/7/80 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 7th day of February, 1980 , 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 a"4 authorized zoning and land use of the described premises to the requirements of the City's Zoning Map and Code. s 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.. PASSED: By rinantWAM4__vote of all Council members present, after being read two times by number and title only, this /-V/1-day of Ar+ril : 19_ iQ Recorder - City o Tiga _ APPROVED: By the Mayor, this /y da�a�' April-/,-// , 1980 `Mayos - City of Tigard ORDINANCE No. 80 .. 1'OIZ'I'I.AND N11"I'IZ0VOI 1'I'AN AI:IiA LOCAL GOVI;IZNMI?NT I;0IINI)A1ZY COMMISSION 320 S. W. Stark (NS30) - 1'ortlund, Ore. 97204 - 'l'e1 : 229-5307 FINAL ORDER RE: BOUNDARYCILANGE PROPOSAL NO. 1531 - Annexation oC territory to tile, City of Tigard. Proceedings on Proposal No. 1531 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on December 10, 1979 requesting that certain property be annexed to the city. The resolution and property owner consents meet the requirements for initiating a proposal set forth in Chapter 880 Oregon Laws 1979 . Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance v,ith ORS 191,• -63) and conducted public hearings on the proposal on January 16 and February 7 , 1980. 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 6. 71 acres, 3 existing single-family dwellings , and a 18-unit con dominium under development. 2 . The area is within the MSD UGB. 3. Current Count land use designation is Urban and current county zoning is RU- 4 on TLs 500 and 700 , and RU-20 on TLs 600, 790 , 8O0 and 900. The current development was approved under these des- ignations. 4 . The Tigard Comprehensive Plan designates the southern half of the site as Urban Medium Density, gnd current condominium development is compatible. S . Fire service is provided by Washington County RFPD #1 and will remain in the district. 6. - Water service is currently provided by an adjacent 6"main of the Metzger Water District. 7. Sewer service is currently provided by an 8" USA main adjacent to the property and the city will assume that responsibility. 8. The owner of Tax Lots 600 , 790 and 900 requested the Commission to delete his property from the proposal because inclusion might en- danger present and future development of the property. Upon dis- Page 1 FINAL ORDER cussion with the owner and the City of Tigard, a delayed ef£cctive date (April I , 1980) was agreed to in order to alleviate the con- cerns of the property owner. REASONS FOR DECISION On the basis of the findings the Commission dctcrminccl 1. The proposal conforms to all state, regional and local plans and policies. 2. The petitioners desire to obtain city services to facilitate de- velopment . ORDER On the basis of the findings and reasons listed above , Lhe Eounciaiy Commission approved BOUNDARY CHANGE PROPOSAL NO. 1531 on February 1980. 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 April 1 , 1980. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT 5 BOUNDARY COMMISSION Date : February 7, 1980 By: �;:.-' Peter McDonald :5 Chairman o- Attest' r. a t Page `2 - FINAL ORDER ,< - : APPENDIX "A" PROPOSAL NO. 1531 F ANNEXATION t f CITY OF TIGARD 1 s Begii.ning at the intersection of the Easterly right-of-way line of County Road 11179 to b( foot right-of-way) and the Southerly line of the abandoned Oregon Electric Rail%. iy right-of-way all in Section 35, T. 1 South, R. 1 West of the Willamette 3a<,e and Meridian in Washington County, Oregon 111ENCE; along said Southerly abandoned railway right-of-way 150 feet DIENCE; Northwesterly at right angle to said southerly right-of-way 25 feet THENCE; North 520 57' East approximately 450 feet to the most north- erly corner of Parcel II in deed from Mabel I. Simpson and Husband to Henrietta W. Rue, recorded December 10,- 1949, in Book 302, Page 33, Washington County Deed records THENCE; Nort>> along the East line of that tract of land described in deed from Frederich Greenberg et. ux. to the Oregon Electric Railway Co. recorded January 18, 1907 in Book 72, Page 582, Washington County Deed Records THENCE; North 00 26' East, 115.2 feet 111ENCE; North 00 28' East. 271 feet ';HENCE; South 850 58' West, 447.5 feet to the centerline of county road #179 (a 60 foot right-of-way) THENCE; Southerly along said center line, on a 716.20 radius cove left approximately 690 feet I'HENCE; South 170 45' East to the intersection of the centerline of County Road 179 and the Southerly line of slid abandoned Oregon Electric Railway Co. right-of-way rHENCE; North 520 08' East 36.71 feet to the POINT OF BEGINNINGb Page 3 - FINAL ORDER 00 4 , proposalV . 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