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Ordinance No. 80-31 CITY OF TIGARD, OREGON ORDINANCE No. �-y AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY COMMISSION, ORDER NO. RECORDING AN EFFECTIVE: DATE AND DECLARING AN EMERGENCY. (Sattler Annexation —Durham/Hall) _ WHEREAS, the Boundary Commissio-, established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated 3/61$0 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 firlh day of March, 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 torhe 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. PASSED: By n-101"� vote of all Council members present, after being read two times by ndmber and title only, this day of April , 19 80 Recorder — Ci.ty 4'Tig7a APPROVED: By the Mayos, this g day Apri , 19 80 Mayor — City of Tigard o ORDINANCE No. 80 . 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. 1556 - Annexation of territory to the City of Tigard. x Proceedings on Proposal No. 1556 commenced upon receipt by the Bound- are Commission of a petition from property owners on January 31, 1980 requesting that certain property be annexed to the city. The petition meets the requirements for initiating a proposal set forth in ORS 199. 490, particularly paragraph (c) of Section (1) . o Upon receipt of the petition, the Boundary Commission published and posted notice of the public hearing In accordance w `.. ORS 199.463 and conducted a public hearing on the proposal on March 6 , 1980 . The Cor<<missiuci also caused a study to be made on this proposal which con-. sidered 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 Commis- sion found that: 1. The territory to be annexed is contiguous to the city and contains 8 . 82 acres , 1 single family residence , an estimated population of 3 persons and is evaluated at $27 ,500. 2. The property owners desire city services to facilitate development of the site. Randall Construction plans to develop a medium-den- sity (12 units per acre) residential development on the site in- corporating neghborhood retail services. 3. The proposal was submitted to the Boundary Commission as a triple- majority petition. In fact the request contains 2 tax lots and the owner of one of these, a small strip paralleling Durham Road, is unknown, and only consents have been obtained for Tax Lot 300. Therefore , this proposal does not meet the Triple-Majority re- quirements and is considered a petition of owners of more than one-half the territory. is betwcen this proposal and LCDC Goals #1, 2, 4. There is no conflict p P 10, 11 and 12 . Goals #3 - 9 and #13 - 19 do not apply. 5. The territory is identified as Urban on the CRAG and Washington County Framework Plans and is zoned RU-4 in the county. . 6 6. The city' s plan, which includes an adopted community pian for this area, identifies the territory as suitable for retail com- mercial use. I Page 1 - FINAL ORDER •. k c 7. The city can provide collector sewers in the area which can then be connected to the Fanno Creek interceptor which crosses part of the property. 8 . Water can be provided immediately by the Tigard Water District by extension of an existing 8-inch line in S. W. 76th Avenue. 9 . Police, parks, library and other city services will be available immediately upon annexation. REASONS FOR DECISION On the basis of the findings the Commission determined that: 1. The property owners desire municipal services which only the city has available . 2 . The proposed development is in conformance with applicable city, county, and regional planning and with the LCDC Goals . 3. All municipal services necessary for the development are avail- able from the city and the territory to be annexed are a part. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1556 on March 6, .:: 1980. NOIV 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 45 days from this date or at what other subsequent date that the law requires. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date: March 6�, 1980 By.� Peter McD�� d ChaArman Attest: Appendix „A" Proposal No. 1556 Annexation CITY OF TIGARD Beginning at the Southeast corner of Section 11, Township 2 South, Range 1 West of the Willamette Base and Meridian in Washington County, Oregon, running thence West along the South line of said Section 11, Page 2 - FINAL ORDER t #1556 -a distance of 11.43 3/4 chains, thence North parallel to the East line of the Donation Land Claim of Solomon and Elizabeth Richardson, a dis- tance of 8. 33 1/3' chains, - thence East a distance of 11 .43 3/4 chains to the East line of Section 11; thence South along said East section line a distance of 8.33 1/3 chains to the point of beginning. Page 3 FINAL ORDER Proposal 0. 1556 5BY4 SEY4 SEC 11 Txs Rte% wM. 23-78 WAS"'. Co. ORE. {) vowatter 4�f3p� a2c0 a .a •aGG.� 1900 �74 AREA TO BE ANNEXED " I .. •arh 0301 co '509 I DURHAM n: 1 ..... ..., 1 :ap j aaa scu. • '• 11 •' I! a0 I .o Sco- t •• f CITY O8 / IG N D i .a _1.• ( � a� •� ,a re. .1. u0p — _•— 1 41 ties I� tt•ah .� !ar I � r r ' G-a Y°1 _ _ u. i. 74 t- 0200 , .i 000 PrOpOsa' ,No. 1556 cit 23-78 c.« a Annexation Rclure