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Ordinance No. 81-104 CITY OF TIGARD, OREGON i ORDINANCE No. 81- G� j r AN ORDINANCE R-NTIFYING ANNEXATION OF LANDS BY THE BOUNDARY COM.MISSION, ORDER NO. 1759 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO # 6 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION ANNEXATION SHORT TI`PLE: Pacific Highway R.O.W. 2S1 10A TAX MAP 2S1 10D , TAX IAT 4600, 600, 700 , ADDRESS t E FILE NUMBER ZCA 33-81 , z` PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU4 , ZONE CHANGED TO CITY OF TIGARD Al2/20 WHEREAS, the Boundary Commission, established pursuant to Chapter 494 Oregon Laws of 1969, fbr the Metropolitan Area by its Final Order No. 1759 , dated October 2, 1981 approved the hereinafter described change in the boundaries of the City of Tigard, and a copy of said Fina]. Order has been filed with the City Recorder; and WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised Statutes, has adopted a Comprehensive Plan which includes the lands within this Annexation. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the Final Order of the Boundary Commission adopted on the 24th day of September, 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. 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 5 C j Ordinance No. 81:� -ZCp. SECTION 4: Finding that the lands hereinafter described are now zoned as j Washington County RU4 and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 6 Plan for said lands on } April 24, 1974 and that ORS 197.175 requires cities to enact Zoning Ordinances to implement their Comprehensive Plans, and further finding that pursuant to procedures, the abovestated Zoning Map Amendment was presented at a public hearing held by the Tigard City Council on November 9, 1981 and all interested persons were afforded an opportunity to be heard at this public hearing. The Council adopts the following substantive findings: (a) That this Zone Map Amendment is in conformance with the NPO # 6 Plan SECTION 5: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an Amendment to the Zone Map of the City of Tigard:is hereby approved subject to the provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A" and "B" attached and made a part of this Ordinance, the zoning designation of the subject property is hereby changed to Al2/20 Multi-Family Residential Exhibit "A": Legal Description - Exhibit "B": Tax Map SECTION 6: 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 and Zone Map Amendment 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 ;c by the Mayor. PASSED: By vote of all Council members present, after being read two times by number and title only, this / day of Recorder - City of Ti APPROVED: By the Mayor, this qday of19 ti ayor - City of Tigard Ye- ORDINANCE NO. 81- ZCA 33-83 Page 2 Ism 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. 1759 • Annexation of territory to the City of Tigard. Proceedings on Proposal No . 1759 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on July 30, 1981 requestir4g that certain property be annexed to the city. The resolution and property • owner consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2) . Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS V9.463 and conducted a public hearing on the Proposal on Sept- ember 24, 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. ® FINDINGS (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 PROPOSAL NO. 1759 on September 24 , 1981 . NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the city as of the date of approval . PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date. By. --�'t i x aures L. (Jamie) Mater Chairman Attest. iYa$e i `r 1:tt +L ORDER y EXHIBIT "A" Propgsal No. 1759 FINDINGS On the basis of the study and the public hearing, the Commission found that: 1. The territory contains 14.7 acres, 1 single family residence, an estimated population of 2j and is evaluated at $199,700. r. The territory is designated Urban, and is within the ack31owled3et regional Urban Growth Boundary. Current county zoning is RU-4. The territory ithsaadensity range ofroved for an r8- 16gunitssper ac e.lan deThisation change d zoning, will be effective upon annexation. "s. The property owners desire annexation to obtain city services to 'facilitate development. Sewerage canbe provided upon annexation from several lines in the city. Extension costs would be the responsibility of the developer. Fire protection is provided by Tualatin RFPD #1. The city is part of the district and annexation would not adversely affect this service. The city would provide police protection, street and road maintenance, parks, etc. upon annexation of the territory. The territory is within the Tigard Water District which has a 12" main in Pacific Hwy. This service would not change. 0 REASONS FOR DECISION On tate basis of the Findings the Cofmission determined that: 1. The petitioners desire services from the city to facilitate develop- :Hent at urban densities and patterns. 2. The annexation is consistent with regional, county and local plans for the area. 3. Annexation will make available a full range of urban services provid- ing for development of an area which is clearly urban rather than con- verting urbanizable land to urban uses. Page 2 - FINAL GIRDER �k EXHIBIT "B" Proposal No. 1759 Annexation City of Tigard LEGAL DESCRIPTION Certain tracts of land in the SM quarter of Section 10, Township 2 South, Ranee 1 west of the Willamette Base and Meridian in' Washington County, Oregon, as follows: Beginning at the southeast corner of Lot 8 of Willow Brodkt farm, said corner being on the center line of SW Naeve Road and the city limit line; e thence., north 620 48" west along said centerline and said city limit line and their westerly extension, a distance of approximately 1120 feet to the westerly line of the right-of-way of SW Pacific highway; thence, northerly along said westerly line of Std Pacific Highway leaving the existing city limit, a distance of approximately 500 feet to its intersection, with the quarter section line between the SE quarter and the.?;E quarter of said Section 10, returning to the existing city limit; thence, easterly along said quarter section line to a point on the easterly tight-of-way line of Pacific Highway; thence, northerly along the east line of said SIR Pacific Highway to a point which is 90 feet due north of said quarter section line; thence, east along a line parallel to and 90 feet north of said Quarter section line* a distance of approximately 340 feet to a point which is north 90, feet and west 342.42 feet from the northeast corner of Lot 8, said Willow Brook Farm; thence, south 90 feet to the quarter section line and the north line of said Lot 8; thence, east along said north lane of Lot 3, a distance of 342.42 feet to its northeast corner; thence, southerly along the east line of said lot 8, a distance of 986.30 feet more or less to its southeast corner and the POINT Or BEGIM.111410. Cn»t inning thence, southerly along the east line of lot l2, said Willo-.r Prood Farm, a distance of 311.41 feet; *hence,south 890 549 east, a distance of 203 feet to a point; thence, northerly parallel to and 203 feet from the west line of said lot 12, a distance of 203 feet; thence, n reh 620 489 gest, a distance of 229 fret to the point d, of1be ng inniand the end of this description. 8 Jt r Page 3 - FINAL ORDER i �Duv 1iw / ' iBI Az � �'��`'LTr bpsOpp �. -dProposal No. 1757 j '.teli A% VA.. t®p•T3.9 i^®� •yfe•� �h.Cao. /10 re.� re ti a `q�ro d t �9 ti •O tt9! Z 117• � •�„ � 1 r y �• � � Ids Y� { r , 4 02 440 ' 'f !• � 1 y6I e. { f ... CITY OF TIGARD 1 41 • •• ' O N •• 37e - — �::�7Jn�i,7r/Jn����JJn/l,�Dn/JJ ^aN7lJ/J/Ji iJJJ/J/,'.:'.:i,'•/r7JJ�•lJJ/J/lIJAJ! e� 700 64U 5 C.0P Ac. 7 CITY OF l KING CITY AREA TO 8E 4119 ANNEXED g 7 ® S&I ®oro J L 'L204. �` l 9002440A . C x94.79• 294. o CITY OF TIGARD 1000 32 g sAc. o sag 7• N � ®, •� ten. Z....... '�. i 200 `3 a49 §z•w90.®,ws9 "� ROP6SAL NO. 3759 0.,1a. 1500 CITY OF TIGARD,ANNEXATION FIGURE .2.•�. '"�zzgt®®z®aaeaze® EXHIBIT "A" Certain tracts of land in the SE quarter of Section 10, Township 2 South, Rane 1 west of the Willamette Base and Meridian in Washington County, Oregon, as follows: Beginning at the southeast corner of Lot 8 of Willow Brook Farm, said corner being on the center line of SW Naeve Road and the city limit line; thence, north 620 48" west along said centerline and said city limit line and their westerly extension, a distance of approximately 1120 feet to the westerly line of the right-of-way of SW Pacific Highway; thence, northerly along said westerly line of SW Pacific Highway leaving the existing city limit, a distance of approximately 500 feet to its intersection, with the quarter section line between the SE quarter and the NE quarter of said Section 10, returning to the existing city limit; thence, easterly along said quarter section line to a point on the easterly right-of-way line of Pacific Highway; thence, northerly along the east line of said SW Pacific Highway to a point which is 90 feet due north of said quarter section line; thence, east along a line parallel to and 90 feet north of said quarter section line, a distance of approximately 340 feet to a point which is north 90 feet and west 342.42 feet from the northeast corner of Lot 8, said Willow Brook Farm; thence, south 90 feet to the quarter section line and the north line of said Lot 8; thence, east along said north line of Lot 3, a distance of 342.42 feet to its northeast corner; thence, southerly along the east line of said lot 8, a distance of 986.50 feet more or less to its southeast corner and the POINT OF BEGINNING. cc)!t-inuing thence, southerly along the east line of lot 12, said `•.J .11ow Brook Farm, 4�ipROr a distanr.c: of 311..81 feet; lNr��r©�' hence,south 890 54' east, a distance of 203 feet to a paint, thence, northerly parallel to and 203 feet from the west line of said j lot 12, a distance of 208 feet; ; J�� 111tg�A hence, north 620 48' west, a distance of 228 feet to the point i Fiy of beginning and the end of this description. Mie � a 1 the der cri:,tion of t)ro xa;t r .i iciuded idthin the ittaclied petition or re:�oiution has c ecked 4y rt-- and it is a true cul e):act descri;;)*....ion of the iptoPerh7 Linder cbn.,-ic,erat_on aprl 1P ( .C2E' 3 ] 1Cican7 'LCJYYp?YLLCC1 � 'i JntllEi sC71Jt1Cri CO_ s1' � . 4 43Ii , _t�'✓ _�t�-���,�-� � r,,:Ltie ro unt1 or EXHIBIT "B" See Final Order for map f