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Ordinance No. 82-02 CITY OF TIGARD, OREGON ORDINANCE N0. 82-0), AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No, 1784 , 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: r: ANNEXATION SHORT TITLE: Milne - FILE NUMBER: ZCA 37-81 PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU-4 , ZONE CHANGED TO CITY OF TIGARD R-7 Single Family Residential (WCTM 2S1 11BC, Tax lots 1300, 1600 & 1700.) , *REAS, the Boundary Commission, established pursuant to Chapter 494 Oregon laws of 1969, for the Metropolitan Areas by its Final Order Number 1784, dated December 11, 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 Citv 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 19th day of November, 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 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 r ORDINANCE N0. ZCA 37-81 F _p 9 t SECTION 4: Finding that the Lands hereinafter described are now zoned as Washington County RU-4 and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 6 Plan for said 'land on S.W. 103rd Avenue 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 January 11, 1982 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 Amendment is in conformance with the NPO # 6 Plan. SECTION 5: Tharefore, 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 Boundary Commission Final Order - attached and made a part of this Ordinance, the zoning designation of this subject property is hereby changed to R-7 Single Family Residential, (Le-1 description and map attached) .- 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 pernmanent 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 vote of all Council members present, after being read two times by number and title only, this day Of Recorder - City of Tigard APPROVED: By the Mayor thisday of Mayor - City of Tigard t ORDINANCE NO. 82- ZCA: 37-81 R,. PORTLAND tETROPOLITAN AREA LOCAL GOVERVI ENT BOUNDARY CaPlISSION 320 S. W. Start (#530) - Portland, Ore. 97204 - Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1784 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 1784 commenced upon receipt by the Boundary Commission of a resolution from the City of Tigard on October 12, 1981 tequesting 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 novice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on November 19, 1981. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical develop- ment of the land. FINDINGS (See Findings in Exhibit "A" attached hereto). e REASON 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. 1784 on November 19, 1981. N901 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 r Date: t O +� r£-� B,; ene Ginther Chairman Attest: Page I FINAL ORDER EXHIBIT "A" Proposal No. 1784 FINDINGS Based on the study and the public hearing the ColimlisSiOn found. that: 1. The territory contains 1.51 acres, 3 single fanily residences, an estimated population of 2, and is evaluated at $185,500. �. The city desires annexation to rationalize the city's boun=dary. ;. The territory is within the acknowledged regional Urban Growth Boundary. 4. The territory is identified as Urban on the Washington County Plan and is zoned RG-4 in the county. 5. The city's plan, which includes an adopted neighborhood plan for this area, identifies the territory as suitable for Urban Low Density residential development. Sewer is available ble from cit mains located in SW 103rd adjacent to the 6. property. 7. The territory is within the Tigard Water District. 8. Fire protection is provided by i.rashington Co. RFPD which also serves the city. 9. Police, parks, library and other services are available immediately upon annexation. REASONS FOR DECISION On the basis of the Findings the Commission determined that: 1. The city desires the annexation as part of its program to improve the city's .boundary. 2. The proposal is in conformance with applicable city, county and regional j plans. 1 3. . The annexation would eliminate jurisdictional problems that may involve police and other services. x Page 2 FINAL ORDER ' EXHIBIT "B" Proposal No. 1784 Annexation City of Tigard LEGAL DESCRIPTION That portion of land in Section 11, Township 2 South, Range l West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point in the center line of right-of-gray of S.W. 103rd Avenue, said point being the Southeast corner of Lot 1 Tigardvilie Heights, a subdivison of record in said County; West thence, South 890 39 ,, 'long the South line of said Lot 1, a distance of 294.78 feet to a point; thence, North 00 39' East a. distance of 147.80 feet to a point; thence, North 890 39' East a distance of 294.78 feet to a point .in the said center line of 103rd Avenue right-of-away; thence, South 010 19' West, along said center line, a distance of 116.78 feet to a point being the Northwest corner of Lot 14 of said subdivision; thende. Easterly, along the North line of said Lot 14, a distance of 215.81 feet to a point; thence, South O00 07' West a distance of 138.60 €eet .to a point in the South line of said Lot 14; thence, Westerly, along said South line of Lot 14, a distance of 215.81 feet . to a point in said center line; thence, North 010 .19' East, along,said center line, a distance of 107.58 feet to the point of beginning of this description. Page-3 FINAL ORDER Proposal- No, 8y N.W. 1/4 N.W. 1/4 SECTION 11 Y2S RIW W.M. 2S i I tea WASHINGTON GOUNTV OREGON SCALE 0'100• ® seatE t= 2400 loo cloo soo PEE7 G as a0 KIlOYCiER sic F .. jr<..0»... .+..w. 1.r•---- 1.�' . •' 1--- --:a zoo J as �— a1o1 dr a.o oa 0x i � '_ uu +'a<. w t rc=•_:.. IZ a�q01 1 1 T y: a z • 1 3 s soo1. \ •=Jaw ' V♦oll _.� �+ '— —• ^ aaaa122, paao�aan®,, 00 1600 �y y 4 1700 ' 13 �� sec Ysv <rtvoj rc p AREA TO BE f I� aaaa3liiiiflr3 =p- —soo o / _ * eaea�riaaa8asao®�lalaoa�a9 ad.. : � � 14.0. ANNEXED ' • �<;a9SaaEiaaaRaaaall.—._ '•.�•• � •� aaa eaoa _st°,0a � 16G0. 00 • . _ 131=. a.mJN N .g !n 2 -� 1100 `'! E00 ; .R.a .>.f.. N 0 . 900 SES a"M 3-1•uac . PROPOSAL NO. 1784 CITY OF TIGARD ANNEXATION FIG, 2 §r -