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Ordinance No. 68-31 + r. CITY OF TIGARD, OREGON"_ ORDINANCE No. 68- 31 AN ORDINANCE ANNEXING TO THE CITY OF TIGARD LANDS IN THE NEI/4 AND THE SEI/4 OF SECTION 12, T2S, R119, W.M., WASHINGTON COUNTY, OREGON, INCLUDING OWNERSHIPS OF W.R. CHAMBERLIN & COMPANY, FOUGHT AND COMPANY, INC., A. T. NELSON ET UX, ROBERT G. ROGERS ET UX, SOUTHERN PACIFIC COMPANY, AND PRE-DELIVERY SERVICE CORP. WHEREAS, petitions by owners for the annexation of certain lands hereinafter described, were duly filed with the City Recorder; and WHEREAS, none of the tracts and ownerships lying within said area so described are within the corporate limits of any other city but lie wholly within the County of Washington, State of Oregon and the whole of said area is contiguous to the City of Tigard, and it appears that of the total of said area more than two-thirds of the landowners have consented to annexation, and that the lands owned by said consenting landowners include at least two-thirds of the total lands of said contiguous territory, and that said lands represent at least two-thirds of the assessed value of all real property in said contiguous territory; and WHEREAS, by Ordinance No. 68-23 duly enacted by the City Council on the 22 day of April r_il _, 1968, the Ciiy Council of the City of Tigard did elect to dispense with submitting the annexation proposal to the registered voters of the City of Tigard, and did thereby set Monday, the 13th day of May f 1968 at the hour of 8:00 P.M. at the City Tigard, Oregan, as the time and place for public hearing by the Council of said annexation proposal, at which time and place all registered voters of the City could appear and be heard on the question of annexation; and WHEREAS, by said Ordinance No. 68-23 the Council of the City of Tigard did proclaim its intention to annex to the City of Tigard all area lying within the boundaries hereinafter described; and WHEREAS, said hearing ofiN�y 13, 1968 was duly publicized by notice published once Nca wee`-for �ts:o successive weeks, or three publishings in all, to-wit: On the 25th day of April , 196 8, the 2 day of Sia''_,, 1968, and the 9th day of may , 1968, in the Tigard Times, a newspaper of general circulation and published in the City of Tigard, Oregon; that an affidavit of said publication is on file herein, and that notice of said hearing Was further given by posting in four public and conspicuous places within the City of Tigard for a like period, and that the affidavit of the City Recorder with respect to said posting is on file herein; and WHEREAS, the hearing on said proposal was duly and regularly opened &L Lhe City 111all, Ci Ly uL 1'igai:0, on May 13th, 1968 at the hour of 8:00 p.m., and in the absence of a quorum of the Council, the Mayor continued and adjourned the hearing until May 15, 1968, 8:00 p.m. WHEREAS, said hearing was reopened and reconvened on May 15, 1968 at 8:00 p.m. and was duly held and all interested persons and registered voters of the City desiring to be heard, were heard, and said hearing was duly closed; and Page 1 - ORDINANCE No. 68-31 } WHEREAS, it appears that all statutory requirements for the annexation of the following described area to the City of Tigard have reco',ved full compliance and that said area may be lawfully annexed tr, the City of Tigard by action of the City Council, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That all of the following described lands be, and the same are, hereby annexed to the City of Tigard, and the boundaries of the City of Tigard be, and they are, hereby extended to include the following described lands within said boundaries: As set forth on the attached sheet headed "DESCRIPTION", by reference made a part hereof.. Section 2: That the Recorder of the City of Tigard be, and she is hereby directed, within 10 days from the date hereof, to make and submit to the Secretary of State of Oregon: a. A certified copy of this ordinance of annexation b. A certified copy of statement of consent of the landowners in the territory annexed c. A certified copy of Ordinance No. 68-23 whereby the City Council declared that no election required in the City and to file herein the acknowledgment of the Secretary of State of said filing. Section 3: That the Recorder of the City of Tigard be, and she is hereby directed, within 10 days from the date hereof, to file with each of the Department of Revenue and Taxation and the Department of Records and Elections of the County of Washington, the following: a. A certified copy of this ordinance of annexation b. A certified copy of Ordinance No. 68-23. and that a copy of this Ordinance be directed to the office of the Washington County Surveyor, and to file herein the acknowledgments of said Departments of said filings. Section 4: The annexation hereby ordained shall be effective on Kay29, 1468 after filing with the Secretary of State of Oregon the copies of proceedings as in Section 2 hereof required to be filed, and from and after said date the hereinabove described and annexed territory shall be and remain a part of the City of Tigard. PASSED: By the Council, by unanimous vote of all council members present, after being read three times by number and title only, This 15 day of Mme, 1968. Recorder - C ty of igard APPROVED: By the Mayor, this 15th day of May, 1968. / �tT.da 6r - City o Tarr 4 y Page 2"- ORDINANCE No. 68- :i a .az> DESCRIPTION All of that certain part of the Northeast and Southeast quarter of Section 12, Township 2 South, Range 1 West, Willamette Maridiwn, in the County of Washington, State of Oregon, and more particularly described as follows: Beginning at the northwesterly corner of Lot 5 of Bonita Gardens as recorded in Book 5, Page 11, Deed Records Washington County; running thence south 890 57', Fast a distance of 546.59 feet to the canterline of S. W. 72nd Avenue; thence North along the centerline of S. 63. 72nd f{ Avenue a distance of 495 feet, more or less, to the centerline of S.W. Bonita Road, known as County road 4736; thsnce westerly along the centerline of S. W. Bonita Road a distance of 730.7 feet, more or less to the easterly right-of-way line of the Southern Pacific Railroad; thence northerly along said railroad right-of-way to the northuest corner of that tract of land conveyed to Thomas K. Klosterman by deed recorded in Book 362, Page 16, peed Records of said County; thence easterly 853 feet, more or less, to the northeast corner of aaid Klosterman tract, said corner being on the west line of County road #126, known as S. W. 72nd. Avenue; thence easterly across said road to.the southwest corner of that tract: of land conveyed to Fought and Company, Inc. as described in Book 447, Page 498, Deed Record ox Washington County; thence south 890 49' east a distance of 498.4 feet to the northeast corner of that tract of land conveyed to A. T. Nelson and Doris E. Nelson as described in Book 665, Page 425 Deed Record said County; thence south 00 09' west a ,iistance of 322.53 feet to the southeast corner of said Nelson tract; thence continuing south a=.-ss S. W. Bonita Road to a point on the northerly line of lot 4 Bonita Gardens, said point being easterly of the northwest corner of lot 4 a distance of 10.4 feet more or less; thence easterly along the north line of said lot 4 a distance of 91.6 feet, more or less, thence south along a line 92 feet easterly and parallel with the westerly line of lot 4 a distance of 473 feett thence easterly along the northerly line of Lot 5, across a vacated alley, and continuing along the northerly line of Lot 2 of said Bonita Gardens a distance of 638.90 feet to a point on the westerly right-of-way line of the R. H. Baldock Freeway; thence southerly along said rigid:.-uf-way a distance of 1pl! feet to a point 132 feet southerly of the southerly line of Lot 1, of said Bonita Gardens; thence westerly along a line 132 feet southerly of and parallel with the southerly line of Lots 1, 6 and 7 of said Bonita Gardens a distance of 1208,30 feet to the easterly right-of-way line of S. W. 72nd Avenue (county road #126); thence northerly along the easterly right-of-:.ray line at S. W. 72nd Avenue a distance of 577.50 feet; thence easterly along the northerly line of that land described in an Indenture aid recorded in Book 509, Page 408 Deed Records of said county a distance of 487.40 feet to a point on the westerly line of Lot 5 of Bonita Gardens; thence northerly along the west line of said Lot 5 a distance of 434.50 feet to the place of beginning. 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