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HomeMy WebLinkAboutOrdinance No. 80-39 CITY OF TIGARD, OREGON _7 ORDINANCE No. ^- 3 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY COMMISSION, ORDER NO. 1557 RECORDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Beck Annexation (Pfaffle/Hall Blvd) WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated 4-10-80 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 10th day of April,_ 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 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 , vote of all Council members present, after being read two times by number and title only, this /q— day of �144 _ ��, 19 80 corder - C Reity o Tigar APPROVED: By the Mayor, this /0 d o /"2 Cc to , 1980 Mayor - City o Tigard r ORDINANCE No. 90 PORTLAND METRPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark. (#530) - Portland, Ore. 97204 - Tel : 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1557 - Annexation of territory to the City of Ti g;-vr; Proceedings on Proposal No. 1557 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on January 31 , 1980 requesting that certain property be annexed to the city. The resolution and property owner consents meet the re- quirements for initiating a proposal set forth in ORS 199.490, partic- ularly Section (2) . Upon receipt of the resolution and property owner consents , the Boundary Commission published and posted notice of the public hearing in ac- cordance with ORS 199.463 and conducted public hearings on the proposal on March 6, and April 10, 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 hearings and the study the Boundary Com- mission found that: 1. The territory to be annexed is contiguous to the city and contains 81 acres, 2 single family residences , a population of 6 , and is evaluated at $57,800. 2. The property owners have petitioned for annexation indicating they prefer to develop within the City of Tigard. One small parcel--TL 1200--was added to the proposal under the Triple Majority procedure. 3. The land use plans of the city, and the proposed Community Plan show consistent land use designations--Residential and Commercial. 4. The area is within an area for which the city annexation policy recommends annexations should be actively pursued. The 5. he Metzg r cnrm, pity TF c 1i irc �r�� �f ide.-+J" ¢ u Metzger G� .. _..... .._. ..�- '� .. _ .. ....�..v..a.aL Vn she south l.S the Ci, Uf Ti�a�u's cosi i,: vuui►uai:y. The draft Community Plan states the community prefers its unincorporated status ; they oppose further annexa.t#cin. by the City of Tigard. 6. The request conforms with applicable LCDC Goals. The land use plans of the city and the proposer? Community Plays contain conflicting policies on the issue of annexation. 7. The city and the county have signed an Urban Planning Area Agreement drawing, the city's planning area boundary at Pfaffle St. The an nexation of TL 800 appears to be contrary to this agreement. Paige 1 - FINAL ORDER t E e S. If TL 800 is modified out of the proposal , TL 1200 may not be included because the annexation would not remain within the re- quirements of the Triple Majority procedure. 9. The territory is within the Metzger Water District which also serves porLloils of the city. T;ie Lerritory car. be served frog; a 12-inch main in Hall Blvd. and a 6-inch main in Pfaffle St. 10. The territory is within the Unified Sewerage Agency which has an 8-inch main in Hall Blvd. If the proposal is approved, own- ership and maintenance of the main is the responsibility of the city by the terms of a contract between the city and U.S.A. 11. The territory is within the boundary of the Tualatin RFPD which also serves the City of Tigard. REASONS FOR DECISION On the basis of the findings the Commission determined that Proposal No . s 1557 should be modified to: to include the portion of the R/W of Hwy, 217 to east (which is south of TLs 300 and 400) ; and to exclude TLs 800 and: 1200 s . . .and approved for the following reasons: ' 1. The adopted City and County Plans and policies regarding service provision to the area are consistent. 2 . All applicable plans indicate the area suitable for immediate development and the land use plan designations are consistent. 3. The city/county Urban Planning Area Agreement draws the city planning area at Pfaffle St. Tax Lot 800 is not within this agreed upon planning area. The owner of TL 1200 has not consented to annexation and could not be included in a Triple Majority annex- ation without his consent. 4. The basis for this decision rests upon the urban planning area g agreement and does not relate to the proposed annexation policy of the proposed M--:t>grr Community Plan. �. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1557 as modified on April 3^, Page 2 FINAL ORDER #1557 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 COMMTSSTON Date: April 10, 1980 By: eter Mqffonald Chairman iLAttest: Page 3 = FINAL ORDER • t APPENDIX "A" PROPOSAL NO. 1557 Annexation CITY OF TIGARD Beginning at a point on the existing City limit line, said point being the inter- section of the West line of the Thomas Stott DLC 1153 and the Northeasterly right- of-way line of the Beaverton-Tigard Highway, thence Southerly along said City limit line and said Stott DLC line, approximately 300 feet to the Southerly line of the Beaverton-Tigard Highway; thence Southeasterly along said Southwest line of the Beaverton-Tigard Highway and the existing City limit line approximately 350 feet; to the West line of State Highway 11217 (SW Hall Boulevard); thence Easterly along the existing City limit line to the Southeast corner of Lot 21, Block "0" of the Metzger Acres, a duly recorded plat in Washington County, Oregon; said corner being on the East line of the said Stott DLC 1153; thence Southerly, along the East line of said Stott Claim approximately 128 Feet to the re-entrant corner of the George Richardson DLC 1155, thence North 850 30' Wei Eiast7 approximately 334 feet to a point of intersection with the Easterly line of the Beaverton-Tigard Highway, thence Northwesterly along the Northeasterly line of said Beaverton-Tigard Highway approximately 490 feet to a point on the South line of Lot 20 said Block "0" Metzger Acres point being 65 feet M/L feet Westerly of the Southeast corner of said Lot 20; thence Easterly along the South line of said Lot 20 to its Southeast corner thence,Northerly along the East line of said Lot 20 to its Northeast corner art the South line of SW Pfaffle Street; thence Westerly along the South line of SW Pfaffle to the Northwest corner of said y; Lot 20, thence Northwesterly to the intersection of the 'Westerly line of SW Hall Boulevard (State Highway 217) and the Northeasterly line of the Beaverton-Tigard Highway �� _ .., K,-n:heattezl.y li=:e of the point or j, beginning. k E l t r : Page 4 - FINAL ORDER r f • 11 _►-... • a;s -Pro -a- -osal 1�. 1xvSTREEToa IO/�/two 71 flH AN Ci Ila• •I it ifOT tl� ' 1 Pit ams'"'r i ! � 1 n+n . —-,..__ � �• C;) °' •a �� I ACS `~� I • t '---- � ° _�' �� ®•. 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