Ordinance No. 81-96 I
CITY OF TIGARD, OREGON
ORDINANCE NO. 81-_$
AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER
NO. 1720 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: Frewing/Barnum FILE NUMBER: ZCA 28-81
PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU-4 , ZONE CHANGE TO CITY OF
TIGARD R-7 "Single Family Residential"
WHEREAS, the Boundary Commission, established pursuant to Chapter 494
Oregon Laws of 1969, for the Metropolitan Area by its Final Order Number 1720
dated September 8, 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.
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: That the Final Order of the Boundary Commission adopted on the
27th day of August, a copy whereof is hereto attached
and by this reference made a part hereof, be, and the same is, hereby ratifed,
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 —J- conformity therewi th
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, Washir_gton County
(d) Department of Public Works, Attention: Surveyor, Washington County
ORDINANCE NO. 81
7CA 28-81
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SECTION 4: Finding that the lands hereinafter described are now zoned as
z Washington County RU 4 and futher finding that pursuant
to ORS 197, the City of Tigard has adopted a NPO # 1 Plan for said lands on
S.W. Frewing, S.W. Garrett and S.W. Barnum Drive 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 March 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 # 1 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 Municpal 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 R-7 "Single Family Residential"
and A/12 Multi-Family (2S1 2GB lot 3402 only)
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 boundaires 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 &ditt& *U U 5 vote of all Council members present, after
being read two times by number and title only, this d,& day
of 19czs��cr_ , 1981 .
REMADEP - CTTk OF—Tia
APPROVED: By the Mayor, thisdayof L�cs7 ��►_�Y''_ , 1981.
MAYOR - CITY OF TIGARD
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ORDINANCE NO. 81_f
ZCA 28-81
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel : 229-5307
FINAL ORDER
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RE: BOUNDARY CHANGE PROPOSAL NO. 1720 - Annexation of territory
to the City of Tigard.
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Proceedings on Proposal No. 1720 commenced upon receipt by the
Boundary Commission of a resolution from the City of Tigard on
May 17, 1981, requesting that certain property be annexed to
the city. The resolution meets the requirements for initiating
a proposal set forth in ORS 199.490, particularly paragraph (a) j
of Section (1) . E
Upon receipt of the resolution the Boundary Commission published
and posted notice of the public hearing in accordance with ORS
199.46_3 and conducted a public hearing on the proposal on June
+ n___, 7 o cause a study e made on this
18, lyisl . The r.t�nuuiSSivii ai�v �,.........:� i..dy to b t
proposal which considered economic, demographic and sociological
trends and projections and physical development of the land.
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o FINDINGS f
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s
(See Findings in Exhibit "A" attached hereto) .
REASONS FOR DECISION
(See Reasons for Decision_ in Exhibit "A" attached hereto) .
ORDER
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On the basis of the Findings and Reasons for Decision listed
in Exhibit "A" the Boundary Commission approved BOUNDARY CHANGE
PROPOSAL NO. 1720 on June 18, 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 45 days from this date which is August 3,
1981 or at what other subsequent date that the law requires.
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION E
�d
Date:
�s L. (Jamie) Mater
---'`- Chairman
Attest:
Page 1 FINAL ORDER
EXHIBIT -W'
Proposal No. 1720
FINDINGS
On the basis of the public hearing and the study the Boundary Commission found
that:
1. The territory to be annexed contains 11.62 acres, 25 single family residences,
an estimated population of 50, and is evaluated at $1,224,500. E
2. The territory is an island completely surrounded by the city. f
3. The city initiated the annexation to eliminate jurisdictional confusion.
1110 city's 111GLr Vl 6.VIl6LLct'6u rb v1 W1G 45 luiu'S1IliAw7 lit LIIG area and £vWau 111 L.,...t
had no opposition, six were neutral and only one opposed the annexation.
4. LCDC Goals #1, 2, 7, 11 and 12 were met. Goals #4, 5, 6, 8, 9, 10, 13 and 15 g,
through 19 did not apply directly. Goals #3 and 14 were satisfied by application
of the LCDC Annexation Rule. The territory is inside the regional Urban
Growth Boundary and identified as Urban on the county framework plan. 'The
city's NPO #1 plan identifies the area as suitable for single family resi-
dential except for one small tax lot which is medium density residential.
The bulk of the area is already developed with single family residences.
S. The city has sewer service in the area which would be available to anyone de-
siring service subsequent to annexation. City policy would not force anyone .'
to hook up to sewers unless there is a health problem. The city will be over-
laying streets in the area this summer without direct charge to the property r`
owners. Police, parks, library and other services are available from the city
. upon annexation. Fire 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.
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MASONS FOR DECISTON I
e
Ui the basis of the Findings the Commission determined that: l
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1. The action is consistent with citAr_ •ccc�l t_.y and reainnZ] n7 nninn
requirements. }
Z. 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
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EXHIBIT "nib
Proposal No. 1720
Annexation
CITY OF TIGARD
That portion of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian. p
Washington County, Oregon' being more particularly described as follows:
Beginning at the most Easterly corner of Lot 19 of Frewing's Orchard Tracts,
a subdivision of record in said County; said corner being a point in the
centerline of SW Frewing Street (40 ft. wide County Road No. 713); running
thence South 590 55' West, aldng the Southeast boundary line(s) of Lot-19
and Lot 9. a total distanee of gsatat2 fe.r r_ a .,__.' •..o
pw ...1--a "'ort' 24
28' West a distance of 130.00 feet to a point; thence South 590 41"'
West
a distance of, 260.00 feet to a point in the centerline of SW Garrett Street
(40 ft. wide County Road No. 1067); thence South 240 30' East, along the
centerline of Garrett Street, a distance of 1120 feet, more or lesa, to a
point of intersection with the centerline of SW Ash Avenue (40 ft. wide County
Road No. 1067); thence North 38o 33'. Bast, along the centerline of Ash
Avenue, a distance of 426.36 feet to the wst. Southerly corner of Lot .17
®- -aid etthA{v_is4nn' hn^a quo a .o* .7y' o .b.�13 �_---
aoundary
dine of Lot 17, a distance of 418.44 feet to the most-Westerly corner of
Lot 17; thence North S8® 27' East, along the Northwest boundary line of
Lot 17, a distance of 334.62 feet to the 'most Northerly corner of Lot 17;
said corner being a point in the centerline of said Std Frewing Street;
thence Porth 300 04' West, along the centerline of Frewing Street, a distance
of 22.00 feet to az point; thence North 54o 27' East a distance of 29.00 feet
to a paint in the Northeast right-of-way boundary line of said Frewing Street;
thence North 300 04' West, along the said right-of-way line of Frewing Street,
a distance of 12S feet, more or less, to a point; thence North 54 27' East a
distance of 176.00 feet to a point on the Southwest boundary line of Fiewereat
Terrace, a subdivision of record in said County; thence Borth 290 56' 40" West,
along said subdivision boundary line, a distance of 85.00 feet to an angle
point therein; thence North 350 05' 30" West, continuing along said subdivision
boundary line, a distance of 100 feet. more or less, to a points thence
South 540 27West a distance of las feet, more or less, to a point in the
centerline of said SW Frewing Street; thence North 030 04' West, along
the centerline of Frewing Street, a distance of 70 feet: more or 1-sst to
point of beginning of this description.
.z,
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Page 3 FINAL ORDER
Proposal No. / 7ZO
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PROPOSAL NO. 1720 e
CITY OF TIGARD
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PROPOSAL NO. 1720
CITY OF TIGARD
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PROPOSAL NO. 1720
CITY OF TIGARD
FIGURE 2C
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EXHIBIT 'A"
Proposal No. 1720
Annexation
CITY OF TIGARD
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 most Easterly corner of Lot 19 of F'rewing's Orchard Tracts,
a subdivision of record in said County; said corner being a point in the
centerline of Sid Frewing Street (40 ft. wide County Road No. 713); running
thence South 590 55' West, al6ng the Southeast boundary line(s) of Lot.19
ane Lot 9, a tvma,� aaa6ance of 381.12 feet to a point; thence North 240
28' hest a distance of 130.00 feet to a point; thence South 590 41' West
a distance of' 260.00 fee_ to a point in the centerline of SW Garrett Street
(40 ft. vide County Road No. 1067); thence South 240 30' East, along the
centerline of Garrett Sheet, a distance of 1120 feet, more or less, to a
point of intersection with the centerline of Sid Ash Avenue (40 ft. wide County
Road No. 1067); thence North 380 33'. East, along the centerline of Ash
Avenue, a distance of 426.36 feet to the most. Southerly corner .of Lot 17
of said subdivision; thence North 290 24" West along the southwest boundary
line of Lot 17, a distance of 418.44 feet to the most-Westerly corner of
s Lot 17; thence North 58 27' East, along the Northwest boundary line of
Lot 17, a distance of 334.62 feet to the most Northerly corner of Loo: 17;
said corner being a point in the centerline of said SW Frewing Street;
thence forth 30 04' West, along the centerline of Frewing Street, a distance
of 22.00 feet to a point; thence North 540 27' East a distance of 20.00 feet
to a point in the Northeast right-of-way boundary line of said Frewing Street;
thence North 300 04' West, along the said right-of-way lige of Frewing Street,
a distance of 125 feet, more or less, to a point; thence North 540 27' East a
distance of 176.00 feet to a point on the Southwest boundary line of Viewcrest
Terrace, a subdivision of record in said County; thence Horth 290 56" 40" 'lest,
along said subdivision boundary Pane, a distance of 85.00 feet to an angle
point therein; thence North 350 05' 30" West, continuing along said subdivision
boundary line, a distance of 100 feet, more or less, to a point; thence
South 540 27' West a distance of 185 feet, more or less, to a point in the
centerline of said Sad Frewing Street; thence North 030 04' Nest. along-,
the centerline of Frewing Street, a distance of 70 feet, more or less, to tha
point of beginning of this description.
ORDINANCE NO. 81-
ZCA 28-81
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ORDINANCE NO. 81-__ __
ZCA 28-82