Ordinance No. 81-31 1
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CITY OF TIGARD, OREGON
ORDINANCE No. 81-41—
AN
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AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COTMMISSION, ORDER
NO. 1684 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970
ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO # 5 PLAN AS ADOPTED
AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. Ta=ham Annexation - ZCA 9-81)
PLANNING DEPARTbLNT INFORMATION
ANNEXATION SHORT TITLE: Durham Annexation
2S1 12D 1400
TAX MAP 2S1 13 B TAX LOT 100,101,2.00,201 ADDRESS the area of SW Durham Road
281 12 C -2200,230U,2301
and SW Upper Boones Ferry Road FILE NUMBER ZCA 9-81
various designation
PRESENT WASHINGTON COUNTY ZONING DESIGNATION , ZONE CHANGED TO
CITY OF TIGARD M-4 "Industrial Park" and R-5 "Single Family Residential" on
2S1 1 ts- 2200,-27300-and 2301
WHEREAS, the Boundary Commission, established pursuant to Chapter
Oregon Laws of 1969, for the Metropolitan Area by its Final Order No. 164 ,
dated March 20, 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
Statutes, has adopted a Comprehensive Plan which includes the lands within
this Annexation.
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NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLS,OWS:
SECTION 1: That the Final order of the Boundary Commission adopted on the 20th
day of March, 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.
SECTIO14 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
ZCA 9-81
Ordinance No. 81--31
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SECTION 4: Finding that the lands hereinafter described are now zoned as
Washington County various designations and further finding that pursuant
to ORS 197, tje City of Tigard has adopted a NPO # 5 Plan for said lands on Durham
and SW Upper Boones Ferry Abad 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 Anendmant was present'-ed at a public hearing
held by the Tigard City Council on May 11, 1981 and all interested persons were
offorded 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 ''V S Plan which.
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
and "B" attached acid made a part of this ordinance, The zoning
designation of the subject property is hereby chant ecd to 114-4 "Industrial Park".
and R-5 "Single Family Residential" for 2S1 12C ,
Exhibit "A":• Lecral 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
. by the Mayor.
PASSED: By M rt_ vote of all Council .members present, after
being read two times by number and title only, this fPi 1 day
of
Recorder - City of T d
j7...
APPROVED: By the mayor, this %�— day of
Mayor - City of Tigard
ORDIMLNM NO. 81-�
WA 9-81
PORTLAND METROPOLITAN AREA LOCAL GOVERNNENT BOUNDARY COM4ISSION
320 S. IV. Stark (#530) - Portland, Ore. 97204 - Tel: 229-5307
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO. 1684 - Annexation of territory
to the City of Tigard
Proceedings on Proposal No. 1684 commenced upon eceipt by the
Boundary Commission of a resolution and property owner consents
from the City of Tigard on January 14, 1981, requesting 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 199.463
and conducted public hearings on the proposal on February 19, 1981,
and March 12, 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 above, the
Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1684 on
March 12, 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.
PORTLAND METROPOLITAN AREA LOCAL GOVF-M ENT
BOUNDARY CaMSSION
Date: BY,
,/� daIneS L. (Jimie)) Miter
�Chairman
Attest:
Page 1 FlAAL ORDER
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Proposal No. 1684
FINDINGS
On the basis of the public hearing and the study the Boundary Commission
found that:
1. The territory contains 33 acres, 5 single family residences, an estimated
population of 15 and is evaluated at $364,400.
2. The property owners desire annexation to obtain sewer service. The city
desires the annexation as a step toward the creation of logical boundaries
for the city and to obtain jurisdiction of the full length of Durham Rd.
to allow for its improvement. Indications are that there are a majority
of votes on the city council to follow up with a proposal to annex the
island.
3. The City of Tigard's Comprehensive Plan provides for Ird =trial Park uses
south of Durham Rd. and designates the area north of Durham Rd. as Urban
Low Density suitable for R-5 and R-7 zoning permitting 5,000 and 7,000 sq.
ft. lots respectively.
4. Washington County planning studies have included the area in the City of
Tigard's Immediate Growth Boundary. The Washington County Board of Com-
mi.ssioners considered annexation policies at its February 12, 1981 meeting
as a result of the board's concern about continuing to provide urban
services to areas surrounded by Tigard. The county feels Tigard should
annex all of these areas and make its boundary more logical.
5. The proposal is in conformance with applicable LCDC goals. This finding
is based on a goal analysis contained in the staff report. There is a lack
of compliance with Goal #10 with regard to the entire city's plan desig-
nations failing to neet multiple family allocations. However, most of the
land in the proposal is planned for Industrial Park use. Annexation of the
entire unincorporated area to Tigard would ease the process of achieving
Goal #10 compliance by reducing the number of involved jurisdictions.
6. Water service to the area is provided by the Tigard Water District which
also serves the City of Tigard.
7. The territory to be annexed is adjacent to the U.S.A. sewage treatment plant.
The area is traversed by the Fanno Creek Interceptor. The city anticipates
the formation of a Local Improvement District to extend the collector system
upon annexation.
S. The territory is within the boundary of the Tualatin RFPD which also serves
the City of Tigard. The fire district will not be affected by the annexa-
tion.
9. It would be more efficient and economic in terms of police protection for
the City of Tigard to have the general surrounding unincorporated area
within its boundary.
Page 2 - FINAL ORDER
#1684
REASONS
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On the basis of the Findings the Commission determined that:
1. The proposal is a step toward the creation of logical boundaries
for the City of Tigard. The property proposed to be annexed is within
an unincorporated area planned for immediate urbanization. The annexat-
ion will greatly enhance the program of bringing all of Durham Rd. intothe
city to facilitate its improvement.
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j 2. The City of Tigard is capable of providing for a full range of urban
` services to the area.
3. Bringing the territory within the boundaries of the City of Tigard will
improve the efficiency and economy of service provision to the general
area.
4. The proposal is in conformance with the City of Tigard, Washington
Ccunty and Metro planning for the area, and is in conformance with
applicable LCDC Goals, and annexation would reduce the number of in-
volved ,jurisdictions in resolving housing goal compliance considerations.
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Proposal No. 1684
Annexation
CITY OF TIGARD
That portion of land in Section(s) 12 and 13 of Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, being more particularly described
as follows:
Beginning at the point of intersection of the Southerly right-®f-way
boundary line of (40 foot wide) SW Durham Road with the Westerly
boundary line of the Southern Pacific Railroad right-of-way; thence
running Southeasterly, along an extension of the aforsaid boundary
line of SW Durham Road, crossing said railroad sight-of-way, a
distance of 50 feet, more or less, to a point of intersection with
the Easterly boundary line of said railroad right-of-way;thence
Southwesterly, along the Easterly boundary line of said railroad
right-of-way, a distance of 1150 feet, more or less, to a point of
intersection with a Southeasterly extension of the Northeast
boundary line of that tract of land conveyed to Unified Sewerage
Agency of Washington County, by deed, recorded in Book 972 on Page
292 in said County's Deed Records; thence North 360 47' West, along
said exiensicn and boundary line of the Unified Sewerage Agency tract,
a distance of 270.4 feet, more or less, to an angle paint thereon;
thence North 330 27' West, continuing along said boundary line of the
Unified Sewerage Agency tract, a distance of 150.4 feet to the most
Northerly Northeast corner thereof; said corner also being the South-
east corner of that tract of land conveyed to Portland General
Electric Company, by deed, recorded in Book 967 on Page 562 in said
Page 3 - FINALORDER
#1684
County's Deed Records; thence West, along the South boundary line of
the Portland General Electric Company tract, a distance of 305.0 feet - .
to the Southwest corner thereof; thence North, along the West boundary
line of the Portland General Electric Company tract and along a
North. rly extensiop thereof, a distance of 900 feet, more or less, to
a .point of intersection with the centerline of (40 foot wide) SW
Durham Road; said point also being the Southwest corner of Durham Acres,
a-subdivision plat of record in said County; thence North 000 30' 30"
East, along the West boundary line of said subdivision, a distance
of 262.7 feet to the Southwest corner of Lot 5 therein; thence East,
along the South boundary line of said Lot 5 and along an Easterly
extension thereof, a distance of 350.97 feet to a point of intersection
with the East, right-of-way boundary line of (40 foot wide) SW 79th
Avenue; thence South, along said boundary line of SW 79th Avenue, a
distance of 242.7 feet to a point of intersection with the North right-
of-way-boundary line of aforsaid SW Durham Road; thence Easterly and
Southeasterly, along said boundary line of SW Durham Road, a distance of
807 feet, more or less, to the most Southerly Southeast corner of Lot 1
of said subdivision; thence North 260 26' East, along the.Easterly boundary
: line of said Lot 1, a distance of 589.58 feet to an angle point thereon;
said point being a point on the Westerly boundary line of that tract of
land conveyed to John A. Duncan, recorded April 13, 1979 under Fee No.
79014 180, Film Records of said County; thence North 260 East, along. said
boundary line of the Duncan tract, a distance of 93.25 feet to the most
Northerly corner thereof, thence South 580 15' East, along•the Northerly
boundary line of the Duncan tract, a distance of 510 feet, more or less,
'to the most Northerly Northeast corner thereof; thence South 540 05'
Truest, along the Easterly boundary line of the Duncan tract, a distance
of 49.5 feet to an angle point thereon; thence South 120 90' West,
along an extension of the Easterly boundary line of the Duncan
tract, a distance of 40 feet, more or less, to a point of intersection
with the West right-of-way boundary line of (40 foot wide) SW 74th
Avenue; thence continuing South•120 00' East, along a Southeasterly
extension of the said boundary line of the Duncan tract, a distance of
20 feet, more or less, to a point of intersection with the centerline
of said SW 74th Avenue; thence Southerly, along the centerline of said
SW 74th Avenue and along a Southerly extension thereof, a distance of
580 feet, more or less, to a point of intersection with the Southerly
right-of-way boundary line of-(40 foot wide) SW Durham Road, thence,
Southeasterly, along the said boundary line of SW Durham Road, a distance
of 70 feet`, more or less, to the point of beginning of this description.
Page 4 FINAL ORDER
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PROPOSAL NO. 1684
CITY OF TIGARD
•.7 ANNEXATION
FIG. 2