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Ordinance No. 81-103 CITY OF TIGARD, OREGON r ORDINANCE No. 8l- CU E AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1763 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO # 1 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION ANNEXATION SHORT TITLE:S th a TAX MAP 2S1 2C , TAX LOT 3100 , ADDRESS 10475 SW McDonald FILE NUMBER ZCA 32-81 , k x PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU4 , ZONE CHANGED TO CITY OF TIGARD R-7 3 WHEREAS, the Boundary Commission, established pursuant to Chapter 494 ! Oregon Laws of 1969, for the Metropolitan Area by its Final Order No. 1763 dated October 9, 1981 _ 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; and WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised r Statutes, has adopted a Comprehensive Plan which includes the lands within this Annexation. NOW, THEREFORE, a THE CITY OF TIGARD ORDAINS AS FOLLOWS: ,c SECTION 1: That the Final Order of the Boundary Commission adopted on the Ist day of October , 1981 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. E SECTION 3: That the Mcorder 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 Ordinance No. 8I--,z l SECTION 4: Pinding that the lands hereinafter Washington Count described are now zoned to CRS 137 t Washington of county RU4 and further finding ur May 20, •1974e Bard has adapted a NPO that pursuant - "----- _____� and that ORS 197, #1 Ply for said lands on Ordinances to implement their Comprehensive Tequires cities to enact Pursuant to. procedures Plans, and further Zoning at a ,public hearingthe a.'�ovestated Zoning Ma finding that and al held by the Tigard Cit P '�ndment was presented 1 interested persons were afforded an ouncal on November 9 Public hearing, The Council adapts t to b , 1981 _ P he followin opportunity e heard at this g substantive findings; (a) That this Zone Ma RTPO # 1 Plan p amendment is in conformance with the SECTION S: Therefore nt Tigard Municipal aCodeo the requirements of Zone Ma ¢ this re Chapter 18.88 of the P o` the City of Tigard.is�hereb quest for an ,Amendment to the Chapter 18.20 of the Tigard Municipal Codeas subject to the and " attached and embodied in adoptedpExhibi . of designation of the made a part of this Ordinance xhibits Single Familysubject property is hereby , the zoning Residential y changed to R-7 Exhibit ",A"; Legal Description - Exhibit B " ": Tax Map SECTION 6; Inasmuch it is necessary the people of the Cit for the peace, health and safety the boundaries of the Cit y of Tigard that the foregoing of the ' Y and Zone Map Amendment ea perm change t City's records, an emergency is herebybecome a permanent Ordinance shall be effective declared to exist Fart of by the Mayor. upon its Passage b and this y the Council, and approval PASSED: BY vote of all Council members present, after being read two times b of Y number and title only, this '1 day 19�f APPROVED; Recorder - City of Ti By the Mayor, this d -� -_day of iayi •; �1f Tigard ORDINANCE NO. 81- /a3� ZC:A 32--81 Pigs 2 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel : 229-S307 i _ r FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1763 - Annexation of territory F to the City of Tigard. Proceedings on Proposal No. 1763 commenced upon receipt by the Boundary Commission of a resolution from the City of Tigard on July 30, 1931 requesting that certain property be annexed to the ` city. The resolution meets the requirements for initiating a proposal set forth in ORS 222 .750 and Section (5) 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 public hearings on the Proposal on September 24 and October 1 , 1981. 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. n: FINDINGS t (See Findings in Exhibit "A" attached hereto) . REASONS FOR DECISION (See Reasons for Decision in Exhibit "A`° attached hereto) , ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved BOUNDARY CHANGE NO. F 1763 on October 1, 1981. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval. t t } PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date: ��T � By _�. e - � r �7— mes L Jamie) Mater Chairman f Attest Page 1 FINAL ORDER f EXHIBIT "A" Proposal No. 1763 �] FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory to be annexed contains .46 acre, 1 single family residence, an estimated population of 2, and is evaluated at $36,300. 2. The territory is an island coirpletely surrounded by the city. 3. The city initiated the annexation to eliminate jurisdictional confusion. 4. LCDC Goals do not apply here by virtue of Sec. 1, Chap. 265, Oregon Laws, 1981. The territory is inside the regional Urban G=vth -Boundary and identified as Urban on the county framework plat:. The city's NPO #1 plan identifies the area as suitable for single family residential. 5. The city has sewer service in the area which would be available to anyone desiring service subsequent to annexation. City policy would not force anyone to hook up to sewers unless there is a health problem. police, parks, library and other services are available from the city upon annexa- tion. Faire protection and water service are already provided by special districts which overlay the city and those services will not change as a result of the annexation. REASONS FOR DECISION On the basis of the Findings the Cotmiiission determined that: 1. The action is consistent with city, county and regional �nitnning requirements. 2. The action would eliminate jurisdictional confusion and be more equitable for the city in terms of property tax paying for services received by the property. Page 2 FINAL ORDER :F I EXHIBIT 'B" i Proposal No. 1763 G l'�IAL♦�.maw.. aVll F MCity of Tigard LEGAL DESCRIPTION That portion of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the S®uthwest corner of the Goerge Richardson Donation Land Claim No. 38, said corner being a point in the centerline of County Road No. 430 (40 foot wide SW McDonald Street); running thence North 010 06' East a distance of 151.0 feet to a point; thence North 890 29' East a distance of 156.45 feet to a point in the centerline of SW 104th Avenue; thence South 010 04' West, along the centerline thereof, a distance of 151.0 feet to a point in the centerline of said County Road No. 430; thence Westerly, along the centerline thereof, a distance of 156.45 feet to the point of beginning of this description. Page 3 FINAL ORDER .` q , f > p'` n'�• ;� 'sem� y� � e ® \ \ S N O 1200 XZAa Cal .4b .6ZAC O mP9 r' m .j e \\ Sou.SS' G.l C 'NaxIA moi i0'G5 abVe.. . Ido 8 ldd lotl 460 .tolf pr ol•1've moo• 1400 1500 1600 1700 1800. 1900 2000 21 j 800 Ae 7 In y 1 P W yl Y goo t ! mm 10 91 � , +yes es 07 5 t9 20 21 22 1 ='e ®8000 U' a Co fA " _ ,311Y n, fCa dn® !. !e9�s �• , ten Ioa.al .0 �• E•I 2 0 3000 R-20 ,14;21 2900 t 2600 R.20, 2A9• W �• 1 itop ILA vi16 In ,.j N O F Ila®. d' W 'YG•o� o e p 3GW I3 f 1 ►3 '� 33'9 H E ®dam t 'v N5992c•E 1 2 ! e 2800 I z/ y 31010 32 2700 ! j4 qr to e�"e�� • IIi'YIAa.Pnt:IY gg�hA'y rr F'WEIEb IGMTS 1 O � �i1�p0`� � � �• � � �.�h � 1 89'� � M"6203-1,11C elm 2Os.. tl 3E I 4i 3300 ®0 35 .:+ o r�'cE o� 't� ' rotita 0 I 3100 5 v ,.39Ae Ae. 3600 ® € AREA TO BE a wm 04 j 0 o . !A✓fq+ INlYfdl PfjIHT a.sc1 . .F� FREtEO4t 1'Eln 1 2 4 e 2 1199 _599°!t`if i 5.0 ' S® tiS.n m"O A m`e:.'s'9S's+7,G:• 4.�Ii m'4 �i1i:' it/•'. a�[v yy�,���pp,,��. . . .R f EXHIBIT "A" z E That portion of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian.., Washington County, Oregon, being more particularly described as follows: E i' Beginning at the Southwest corner of the Goerge Richardson Donation Land Claim No. 38, said corner being a point in the centerline of County Road No. 430 (40 foot wide SW McDonald Street); running thence North 010 06' East a distance of 151.0 feet to a point; thence North 890 29' East a distance of 156.45 feet to a point in the centerline of SW 104th Avenue; thence South Ol0 04' West, along the centerline thereof, a distance of 151.0 feet to a point in the centerline of said County Road No. 430; thence Westerly, along the centerline thereof, a distance of 156.45 feet to the point of beginning of this description. Containing 0.46 Acres (not including dedicated public right--of-ways). I certify that the above description of property has been checked by me and it is a true and exact description of the property under consideration and the description corresponds to the attached map indicating the property under consideration. Title_&4 Department County of Washington Date . �- <7 "' o� 62A =� $.. \ N s, O p 0.0 - - S88°55 W G.24CH. -� 6 .9 C N11tA� 4 ioe6 tb3' .,: . .. .. ...,.,1 �. , .. .. ..., ,.ta.,s ioB .. IEts „lots " rs o 1 PT saise.40 1400 1500 1600 1700 1800. 1900 2000 2100 7 800 n 7700 V.% N / J 110 _-T. L- 0-3 J7900391 \ 4s s100 as 17 loo 1 9 19 2 0 21 22 t 23 i �,y 2 8000 "s23\v b " 3j S.W.ml� IL � ,�/�E STREET i yam Nd9°22'13"L 131 U5 i 131.37 - 14�� ,1 3 ,�_^- 18't 144.31 "1 45.56 i 105 3102 3000 R 20 W 50 R-20 296d , 2600 17:20 R.0 2500 = )0 tl+�.34 Ac o '_" 1 �� 20 W 1 L69 16 6.5- x_40 ' 13141 1T 4® 170349,w 1� ' 1 2 > '�"' -7-m •9 'sq 6,yS1lb NG9'26'E 0 - d*_ 2500 64.9 = 1- o u 3101 0 3200 2700 1 I O ' au o ' W Wo .34 4c. ^ Ma m r. v, N 14 X-- to v INITIAL POINT . z ti FRELEON HEIGHTS a' E n22 3700 1 3800 N 0,� 4t>!i.'//��?7}9rli 1:�/'�11 .err} 44 , 2L .u0• 1' �z H o. ez }t °Is E N89-25A1Z1 11 ill 36Ac. 1 I 46Aa w�,$ 1,11119", ® 3500 I 3300 3400 40A c. 3100 b 59Ac 39Ac. 3600 0 .46A c. G/7'Y OF 40Ac N + 23-78 t JR'co4' INITIAL POINT z 4 L 5 Ao FRELEON HEIGHTS2 3 190.2 119.9 110.1 589°52'W }650 5U5-0 1 115C S.W.COR NEA y� % '!, // i"%/�(r �. ,6 �y.Yi/."...%i//•'rrinv%Y `rY. � yj(r �/fi gyp .�-Q' . :�.G'iJl� L 1 ., '�@6t s.��.�.� ` �"V �6ir id� - A,�' TRACT SOUTH LINE MAP AP 2S 1 1 IBB 10 _. ._