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Ordinance No. 70-36 S y. } _ s 7 CITY OF TIGARD, ORSGON ORDINANCE NO. 70-.36 AN ORDANANCE RATIFYING, CONFIRMING AND RECORDING CHANGE q IN TRE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER NO. 130 , INVOLVING bANDS OF ZIEGLER - WARDIN ET AL in in Section 1, T2S, R1W, W. I. WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND DECLARING, AN E:'3ERGENCX WHEREAS, the Boundary Commission established pursuant to E Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated June 24z_1970, 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, ,4 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the final order of the Boundary Commission a_.. f u:;ne 1973. a copy whereof adopted on, the 24th u�Y o, 3 th is hereto attached and by is reference made apart hereof, be, ° and the same is, hereby ratified, confirmed and adopted by reference to the sante legal force and effect as if sot 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. 9 Section 3: That the Recorder of the City of Tigard be, and she is s hereby, directed to forthwith file a copy of this ordinance,` including a copy of said Order, in the following offices: (a) Secretary cf State i (b) Department of Revenue and Taxation, Washington County . (c) Department of Records and Electiuns, Washington County t. (d) Department of Public Works, Attention: purveyor, Washington County Section 4: That the City Planning Commission be, and it is hereby, y authorized and directed to conduct such proceedings as 1 may be necessary to conform the authorized zoning and land use of the '-!ascribed premises to the requirements of the City's Zoning 4 Map and Code. ' Section 5: 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 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 : J Council, and approval by the Mayor. d w ORD INAIvCE NO. 70'331 rK PASSED: By unanimous vote of all Council Members present, after being read three times by number and title only, this day of September 1970. e—co r er C ty o Ts.gi rd APPROVED: By the Mayor, this ^(�/c_ day of _September ._._`__. 1570. r , _ Muyor Cztti urd ? f, t 1, Page 2 - ORDINANCE t4o. 70- i PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 369 State Office Building - Portland, Oregon 97201 Telephone: 229-5594 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 130 - Annexation of the follow- ing territory to the City of Tigard Legal Description , t That portion of land in Section 1, Township 2 South, Range 1 x` West, Willamette !Meridian, Washington County, State of Oregon, being more particularly described as follows: Beginning at the Southeast corner of Lot 20, Beveland No. 2, a subdivision of record in Washington County, Oregon; thence South 000 55' East a distance of 60.0 feet to a point on the South right- � of-way boundary line of S. W. Hampton Street, said point being the Trge Point of Beginning of this description; thence running South 89 05' West a distance of 265.59 feet along the said South boundary line of S. W. Hampton Street and Westerly extension thereof, to a point of intersection with a Northerly extension of the East right- of-way boundary line of 40 foot wide County Road No. 472. (S. W. 72nd Avenue) ; thence Southerly a distance of 534 feet, more or less, along the said extension of the East boundary line of County Road No. 472 ( S. W.- 72nd Avenue) to a point of intersection with the North boundary line of Varns Acres, a subdivision of record in Washington County, Oregon, said point of intersection bearing South 660 36 ' 50' East a distance of 20.0 feet from the Northwest corner of said Varns Acres subdivision; thence Easterly 1193 feet, more or less, along the North boundary line cf Varns Acres subdivision to a point of intersection with a Southerly extension of the centerline of -County Road No. 1600 (S. W. 68th Avenue) ; thence Northerly along the said extension of the centerline of County Road No. 1600 (S. W. 66th Avenue) to a point of intersection with the Southerly right- of-way boundary line of 60 foot wide S. W. lIampL•on Street; thence' Westerly along the said boundary line of S. W. Hampton Street to the True Point of Beginning of this description. Except that portion of State of Oregon Highway designated State Secondary Highway No.. 144 (Beaverton--Tigard Highway) . Page 1 - FINAL ORDER Pxocecaings on Proposal No. 130 commenced upon the receipt of a t a. petition from property owners requesting that certain px•ope:-ty (Tax Lots 1600, 1601 and a portion of Tax Lot 1700 of 2SI - 1AC, Washington County) be annexed to the City. The petition meets the requirements for initiating a proposal set forth in paragraph (c) , Section (1) of ORS 199.490. };.. Upon receipt of the petition the Commission published and posted notice of the public hearing in accordance wit:? ORS 199. 520 and ! conducted a public hearing on the proposal on April 8, 1970. The Commission also caused a study to be made of this proposal which considered economic , demographic and sociological trends and physical development of the land. On the basis of the public hearing and the study, the Commission found that the territory to be annexed contains approximately 4.69 acres and is presently vacant. The property owner proposes to develop the territory for multi-family use and requests annexation in order to obtain city services, particularly sanitary sewerage service 'and police protection, for the territory when developed. In regard to sewerage service the City is presently undertaking a $220,000 expansion of: its treatment plant and should be able to have the necessary capacity to serve the area by November 1970 (an interim measure until Washington County Unified Sewerage Agency facilities can be constructed) . The City has a sewer main installed in the property immediately to the east which can. serve the terri- tory. In regard to police protection the City operates a professional police department with a force of 17 persons and can provide service to the territory. The proposal as submitted excluded a 10 foot strip of property in Tax Lot 1700 (1251 - IAC, Washington County) which would prevent the creation of an "island" area (an area completely surrounded by the City's boundary) located to the south and east of the territory to be annexed. The potential "island" area contains 109.34 acres and is developed primarily for residential purposes at this time, con taining approximately 70 single family dwelling units and an estimated population of 345 persons. Because of the potential for nearly creating a large "island." area within the City, the Commission determined 1970 ined at its April 8, puBlic hearing that "land has been improperly omitted from the , _city and that the owner has not appeared at the hearing " (ORS 199.475) . The Commission continued the public hearing x until May 6, 1970 and instructed the staff to notify each property ` owner within the potential "island" area and the owners of property immediately east of the territory to be annexed south of S. W. Hampton Street "to appear before it and show cause, if any, why his land should not be -included in I` city On the basis of the cont,. s�.e, public hearing and the staff report the Commission found that the proposed modified territory is within the service sphere of the City for both sanitary sewers and police protec4-ion. Page 2 - FINAL ORDER z - In the case of sewer service, City sewor mains approach the "island" area from three directions- -to the north and east along S. W. Hampton St. ; to the north and west along S. {V. Hunziker SL.. , and to the south along S. W. 72nd Ave. In regard to police � protection, the City already patrols the territory surrounding the "island" area and tho boundary change would clear up a jurisdictional f� problem .for both the City police department- and the County sheriff's department. k The Commission also found considerable opposition to the proposed modified annexation at this time from residents of the "island" area. In addition to expressions of satisfaction for current methods of sanitary sewerage disposal (individual septic tanks) and the current level of police protection supplied by the County j sheriff' s off.i.r_e, the residents expressed dissatisfaction toward C land use policies and decisions made by the City in the past. z Particularly the residents complained about the authorization by the City for apartments in areas immediately adjacent to the "island" area. Because of the strcng feelings of mistrust expressed by "island" area residents toward the City in regard to past and proposed land use policies , the Commission continued the May 6 public hearing to June 24, 1970 so that the two parties could have time to meet and resolve their apparent differences . On the basis of the continued public hearing and staff report , the Commission found that "island" area residents still oppose annexa- tion to the City at the present time . The Commission also found that the City is in the process of preparing a comprehensive land use plan which includes the "island" area as well as adjacent areas. The Commission found that the proposed modified area should logically be in the City both for municipal service reasons and fo3• the implementation of the City's comprehensive plan. The Commission felt that since the City virtually surrounds the potential "island" area and land use decisions of the City in this area greatly affect the "island" area, one of the best ways "island" area residents can protect their interests is through participation in the affairs of thn City as citizens of the City. On the basis of the findings that the residents of the potential "island" area do not desire annexation at this time, and that the City has the ability to provide municipal services in the territory originally proposed and the properties immediately to the east south of S. W. Hampton St. , the Commission approved BOUNDARY CHANGE PROPOSAL NO. 130 as modified on June 24, 1970. NOW THEREFORE IT IS ORDERED that the territory described above be annexed to the City of Tigard as of 45 days from this date or at what othersubsequent date that the law requires. PORTLAND METROPOLITAN AREA LOCAL GOV - MENT OUNDARY COR' TSS/I(� DATE: - June 24 , 1970 By: � � �✓ onald C. Cease, Charman Attest: Page 3 - FINAL ORDER k I to Fes. M'S z 41 -- > .YAY N � a lqc a r- � r o e Q— c f Y< t