Ordinance No. 80-41 CITY OF TIGARD, OREGON
ORDINANCE No.8^-q t_
AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY COMMISSION, ORDER NO. 1.57.6
RECORDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (Smith Annexation; 79th/S of Bonita)
WHEREAS, the Boundary Commission established pursn-nt to Chapter 494 Oregon
Laws of 1.969 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 ropy of said final order has been filed with the City Recorder.
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section t: That the final order of the Boundary Commission adopted on the 10th
day of April, 19$0 , 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
Counzil, and approval by the Mayor.
PASSED: By +&ajb4Y1.g!?.`._....vote of all Council members present, after being read two
times by number and title only, this _Z /76-day of
Recorder - City of Ti
APPROVED: By the Mayor, this /19 of / 19
Mayor - i y of Tigard - —
ORDINANCE No.
• s'
a
AP PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
320 S. W. Stark. (#530) - Portland, Ore. 97204 - Tel: 229-5307
FINAL ORDER `
t
RE: BOUNDARY CHANGE PROPOSAL NO. 1576 - Annexation of territory to
the City of Tigard.
Proceedings on Proposal No. 1576 commenced upon receipt by the Boundary
Commission of a resolution and property owner consents from the City
of Tigard on March 5, 1980 requesting that certain property be annexed
to the city. The resolution and property owner consents meet the R
requirements for initiating a proposal set forth in ORS 199.490, par-
ticularly 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 a public hearing on the pro-
posal on April 10, 1980. The Commission also caused a study to be
made on this proposal which considered economic, demographic and so-
ciological trends and projections and physical development of the land.
sr''LNDijtiU0
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
7. 24 acres , 1 single family residence, an estimated population of
3 persons and is evaluated at $46,800. '
2. The property owners desire city services for residential development.
3, There is no conflict between this proposal and LCDC Goals #1 , 2 ,
4, 6, 7, 10, 11 , 12 and 14. Goals #3, 5, 8 , 9 and 15 - 19 do not
apply.
4. The territory is identified as Urban on the CRAG and Washington
County Framework Plans and is zoned RU-4 and RU-2 in the county.
E
S. The city 's plan, which includes an adopted community plan for this
area, identifies the territo.Ty as suitable for Low Density Resi-
idential development (7500 sq. ft. lots) . This designation includes
a policy encouraging PUDs.
i
6. The city can provide collector sewers in the area which can then be
connected to the Fanno Creek Interceptor which crosses part of the f
property. t
7. Water can be provided immediately by the Tigard. Water District by
extension of an existing 8-inch line in SW 79th Ave. Fire protection
is currently provided by Tualatin RFPD.
i
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Page 1 FINAL ORDER �
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S . 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 available
from the city or from districts of which the city and the territory
to be annexed are a part.
ORDER
0.^1 th- basis of the findings and reasons listed above , the Boundary
Commission approved BOUNDARY CHANGE PROPOSAL NO. 1576 on April 10,
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 this date.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
Date: April 10, 1980 By: %�
et r c onald E
Chairman ;
Attest :
Page 2 FINAL ORDER
APPENDIX_ "A"
F PROPOSAL NO. 1576
ANNEXATION
CITY OF TIGARD
A certain tract of land in Section 12 'Township 2 South, Range 1 West of the Willamette
Base and Meridian in Washington County, Oregon, beginning at the Northwest corner
of lot 35 of Durham Acres a duly recorded subdivision in said county, said beginning
point also being the centerline of SW 79th Avenue, a 40 foot right-of-way,
THENCE, Easterly along the Northerly line of said lot 35 and lot 34
of Durham Acres, a distance of 654.30 feet to the Northeast corner
of said lot 34 and the centerline of SW 76th Avenue;
THENCE, Southerly along the centerline of SW 76th Avenue and the East
line of lot 34, a distance of 266.5 feet to the Southeast corner of
lot 34;
THENCE, Easterly along the North line of lot 32 approximately 215 feet to
the meander line. of Fanno Creek;
THENCE, Southwesterly along; the meander line of Fanno Creek approximately
100 feet to a point which is 166.9 feet Westerly of the Northwest corner
of the South half' of lot 13 0£ Fanno Creek Acre Tracts said point also
being on the Westerly extension of the North line of the South half of
said lot 13;
T1IENCE, Easterly along said Westerly extension a distance of 166.9
feet to the Northwest corner of the South half of lot 13 Fanno Creek
Acre Tracts, said corner also being; on the East line of lot 32, Durham
Acres;
THENCE, Southerly along; the East line of said lot 32, a distance of
approximately 199 feet to the Southeast corner thereof;
THENCE, Westerly along the South lines of lots 32 and 31, a distance of
656.20 feet to the Southwest corner of lot 31'
THENCE, Northerly along the West line of lot 31, a distance of 266.0 feet
to its Northwest corner;
THENCE, Westerly along the South line of lot 35, a distance of 327.62 feet
to its Southwest corner and the centerline of SW 79th Avenue;
THENCE, Northerly along; said centerline and the West line of said lot 35,
to the Northwest corner thereof and the point of beginning.
Page 3 FINAL ORDER
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