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Ordinance No. 81-97 CITY OF TIGARD, OREGON ' ORDINANCE NO. 81-= AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NUMBER 1742, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO 4 5 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION ANNEXATION SHORT TITLE: Davis FILE NUMBER ZCA 29-81 TAX MAP 2S1 12A, - Tax Lot(s) 1300 & 1400 -ADDRESS 14905 & 14975 S.W. 74th TO CITY OF 1�T- PRESENT WASHINGTON COUNTY ZONING DESIGNATION D7A-i , ZONEC:-;T�.�.� TIGARD M-4 Industrial Park WHEREAS, the Boundary Commission, established pursuant to Chapter 494 Oregon Laws of 1969, for the Metropolitan Area by its Final Order Number 1742, dated September 25, 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 WHERF S, the City of Tigard, in accordance with Chapter 197 Oregon Revised Statutes, ias 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, 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 Bo-undaw Co issi on; and the Cop-orate 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 ORDINANCE NO. 81- r¢°� ZCA 29-81 SECTION 4: Finding that the lands hereinafter described are now zoned as Washington County MA-1 and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 5 Plan for said lands on 14905 & 14975 S.W. 74th 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 April 13, 1981 and all interested persons were afforded an opportunity to be heard at this public hearing. The Council adapts the following substantive findings: (a) That this Zone Map Amendment is in conformance with the NPO # 5 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 irl adopted Exhibits p..__ "A" and "B" attached and made a part of this Ordinance, the zoning designation of the subject property is hereby changed to M-4 Industrial Park. Exhibit "A": Legal Description - Exhibit "B": Tax Map � I 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__Uj1Aj11jtW1L1 vote of all Council members present, after being read two times by number and title only, this _jt day of 19LL. RECORDERCITY OF GARI) APPROVED: By the Mayor, this /,Z day of ��;4�L ~ , lg�- %G%�:C.c�tti•� �F MAYOR - CITY OF TIGARD ORDINANCE NO. 81- ' ZCA 29-81 Page 2 .... ...__. .... . 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. 1742 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 1742 commenced upon receipt by the Boundary Commission of a resolution from the City of Tigard on July 13, 1981 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 a public hearing on the Proposal on August 27 , 1981 . The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and project- ions and physical development of the land. FINDINGS (See Findings in Exhibit "A" attached hereto) . REASONS FOR DECISION (See Reasons for Decision in Exhibit "All 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. 1742 on August 27, 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 GOVERNMENT BOUNDARY COMMISSION Date• f < '. By: � � arol Steele Vice-Chairman i Page 1 FINAL ORDER EXHIBIT "A" Proposal No. 1742 FINDINGS Based on the staff investigation and the public hearing the Commission found that: 1. The territory to be annexed contains 3.67 acres, 1 single family residence, an estimated population of 3 persons and is evaluated at $75,500 2. The annexation was initiated by the city council as part of a program to straighten the city boundary. 3. The territory is identified as Urban on the Metro and Washington County Framework Plans and is zoned RU-4 in the county. The area is well within the regional Urban Growth Boundary. The LUM goals need not be afplicu lisic. 4. The city's plan, which includes an adopted community plan for this area, identifies the territory as suitable for Industrial Park development. 5. The city has formed a local improvement district for the extension of 8" pipe down SW 74th fronting,-the property for which the property has been assessed. 6. Water can be provided immediately by the Tigard Water District by extension of an existing 12-inch line in SW 74th Ave. Fire protection is currently provided by Tualatin"RFPD and this would remain the same following annexation. 7. 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 city is attempting to straighten out the city's boundary and rationalize the provision of services to the area. The county has encouraged the city to do this. 2. The potential development would be in conformance with applicable city, county and regional planning and with the LCDC Goals. t 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. ;Page2 FINAL ORDER EXHIBIT B Proposal No. 1742 Annexation CITY OF TIGARD That portion of land in Section 12, 'Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northwest corner of Lot 18 of FANNO CREEK ACRE TRACTS, a subdivision of record in said County; thence running Easterly, along the North line and Easterly extension thereof of Lot 18, a distance of 523.51 feet to a point of intersection with the centerline of 40 foot wide County Road No. 1042; thence Southerly, along the centerline of County Road No. 1042, a distance of 337.1 feet to a point of intersection with an Easterly extension of the South line of Lot 17 of said sub- division; thence Westerly, along the said extension and South line of Lot 17, a distance of 536.82 feet to the Southwest corner of Lot 17; thence Northerly, along the West line of Lot 17 and the West line of Lot 18, a distance of 338.9 feet to the point of beginning of this description. CONTAINING 3.67 ACRES (not including dedicated public right-of-way). s Page 3 - FINAL ORDEP. .'b�' a i.. \ l8Ss.2_.Y/1fQ• e. a3 tT—,^--- �' {. 702 prow"%osal No. . : r 'o. eoNrca w+ow NE 1/4 SEC. 12 T1S R1E W.M. { �.o4ac• Pa WASH. CO OREGON ' p{ 8, - > Wo •_ __ag_s. o BONi eesvl%fu '0 fit ZA c�e''S6 ���'� TO9.4i J- 49 Z50 171 -----•- // , i63 ` N / {�GI / 2®Sa'1 1900 !. oA474K7 / / / l.PT aQ 1w .--"-Cd8 ' ae. av ., 1901-Af _ t SEE :aP zS. $ 29 t 'D Ci a se9,az'a 1000 4:9 ro : q� 1• 02 S 4.I!se. •0 •`yy• � e o 1 L 400! • /. i 04 1 0 b) . `(`8®0 /2101 ' ' •.. :• • t S 200 Z 20 S I,ry 21. 4-1 dry ,s 446.76° .y� •t � •0' :s! F8372a o d g00• • ' ,� 19 .e ..� � � y�• �soac` tC S.tto�!!a lSj' .•. „�., ess.54' ' rr'�. // ... '�" :.�.•+,' w-•off ..�t, 1700 1 00 r- �.9ae . S.93002 u o lAg. 47 AREA � /� Z400� TO B E '3i D 1400 ANNEXEP ; - - " 5e000. n SOUTH LINE ANES IC9ILIN 0 L,G• 481 ` h C.S. 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'`. �. a r � • E EXHIBIT Proposal No. 1742 Annexation CITY OF TIGARD t That portion of land in Section 12, Tocroship 2 South, Range 1 West, Willamette Meridian. 161ashington County, Oregon, being more particularly described as follows: Begi.aaing at the Northwest corner of Lot 18 of FANNO CREEK ACRE TRACTS, a subdivision of record in said County; thence running Easterly, along the :North line and Easterly extension thereof of Lot 18, a distance of 523.51 feet to a point of intersection with the centerline of 40 foot snide County Road No. 1042; thence Southerly, along the centerline of County Road No. 1042, a distance of 337.1 feet to a point of intersection with an Easterly extension of the South line of Lot 17 of said sub- division; thence Westerly, along the said extension and South line of Lot i 17, a distance of 536.82 feet to the Southwest corner of Lot 17; thence Northerly, along the West line of Lot 17 and the West line of Lot 18, a distance of 338.9 feet to the point of beginning of this description. 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CITY OF TIGARD ANNEXATION ~, _ ORDI CE N ZCA 29-81