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Ordinance No. 70-47 CITY OF TIGARD, OREGON ORDINANCE NO. 70-_12 FuN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOU."IDARIES OF TUE CITY OF TIGAR.D BY THE BOUNDARY C014MISSION, ORDER NO. 207 , INVOLVING LANDS OF Sievers - Fought et al in Section i,T , R1W, W.N. WASHINGTON CO1,j11TY, OREGON, RECORDING EFFECTIVE DATE, AND DECLARING AN EAERGENCY the Boundary Commission established pursuant to C"apter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order crated October 21, 1970 approved the hereinafter described change in the uoundaries of tha City of Tigard, and a copy of saia final order has been filed with the City Recorder, NOW, TiiLtl-' FORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. That t1hc, final order of the Boundary Commission adopter: on the 21st day of October a copy whereof is hereto attacne3 and by this reference made a park hereof, be, and the sodic is, iereuy ratified, confirmed and adopted by;reference to the same legal £crcv and effect as if set forth herein in full. Section 2: T- at cite boundaries of the City of Tigard be, and they are hereby, c1langed 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 cony of said Order, in the following offices: (a) Secretary of State (L) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, ' 1 11ashington County Section 4: That the City Planning Commission be, and it is hereby, authorized and directed to conduce_ such proceedings as e maybe necessary to conform the authorized zoning and land use of the described premises to the requirements of the City's Zoning 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 Lhe City's records, an emergency is hereby declared to exist, and this ordinance small he effective upon its passage by the Council, and approval by the Mayor. ORDINANCE NO. 70-_ PASSED: By unanimous vote of a1.1 Council Members present, after '. being read three times by number and title only, this 23rd day of P7ovember 1970. Resor er y APPROVED: sy the :Mayor, this -23 day of 1970. Mos - City at 'a' f� s Pane 2 -=ORDINANCE No. 70-A7— a r EXHIBIT "A" That portion of land in Section 1, Township 2 South, Range 1 West, W.M., Washington County, State of Oregon, being more particularly described as follows: Beginning at the Easterly Southeast coiner of the W. W. Graham D.L.C. No. 39; running thence South 890 37' West a -�Iistance of 20.0 fwe`, along the South line of the said P.L.C. No. 39, to a 2-inch iron pipe on the West right-of-way boundary line of 40- foot wi-de County Road No. 472 (S.W. 72nd Avenue); thence South 000 30' West a distance of 11.06 feet, along the West boundary line of County Road No. 472 (S.W. 72nd Avenue), to a railroad spike set at the right-of-way angle point and terminus of County Road No. 472; thence 5outheL3terly, along the Southwesterly right-of-way boundary line of 40-foot wide County Road No. 245 (S.W. 72nd Avenue), to a point of intersection with a Northerly extension of the West line of that tract of land conveyed to R. A. Johnson, Inc., Bogk 723, Page 480, Washington County Deed Records; thence North 01 10' west a distance of 45.84 feet, along the Northerly extension of the West line of the said R. A. Johnson, Inc., tract of land, to a point; thence South 590 44' East a distance of 117.20 feet to a point; thence South 00 lt•' East a distance of 262.22 feet, more or less, to the Southeast carne.: of the said R. A. Johnson, Inc, tract of land; said Southeast corner of the R. A. Johnson, Inc. tract of land also being a point on the North line of the James Hicklin D.L.C. No. 43; thence Easterly, along the North line of the James Hicklin P.L.C. No. 43, to the re-entrant corner of the said Hicklin D.L.C. No. 43; said re-entrant corner of the Hicklin D.L.C. No. 43 also being the point of beginning of the centerline of County Road No. 245; thence Northwesterly, along the centerline of County Road No. 245, to a point of intersection with a Westerly extension of the South line of that tract of land conveyed to Joseph M. Fought & T.& W. Equipment Company, No. 863 Deed Records; thence North 890 52' East, along the South line and said extension thereof of the J. M. Fought & T. & W. Equipment Company tract of land, to the Southeast corner thereof; thence North a distance of 330 feet, along the West line and Northerly extension thereof of the J. M. Fought & T. & W. Equipment Company tract of land, to the most Northerly Northwest corner of that tract of land conveyed to Georgia Pacific Corporation, Book 520, Page 369, said Deed Records; thence North 890 52' East, along the most Northerly North line of the Georgia Pacific corpora- tion tract of land, to the Northeast earner thereof, said Northeast corner being a point on the Westerly right-of-way boundary line of the Beaverton-Tigard Highway (State Secondary Highway No. 144); thence Northwesterly, along the said Westerly boundary line of the Beaverton-Tigard Hi.ghwa_v iStace Secondary Highway No. 144), to a point of intersection with the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 1; thence North 880 53' West a distance of 378.80 feet, along the said North line of the Southeast 3/4 of the Southeast 1/4 of said Section 1, to the Northerly Ngrth- west corner of the James Hicklin. D.L.C. No. 43; thence South 2 27' 20 West, along the West line of the Southeast I/4 of the Southeast 1/4 of said Section 1, a distance of 340.71 feet to an iron pipe; thence North 880 53' West, parallel with the North line of Government t Lot No. 4 in said Section, 1, a distance of 211.0 feet to the South- east corner of that tract of land conveyed to Joseph M. Fought & T. & W. Equipment Company, Book 582, Page 602, said Deed Records; thence North a distance of 340.72 feet to the Northeast corner thereof; thence West 466.66 feet, more or less, to the Northwest corner of said Government Lot No. 4, said Northwest corner of. Government Lot No. 4 being a point on the East line of the said W. W. Graha;r. D.L.C. No. 39; thence, South along the Fast line of the W. W. Graham D.L.C. No. 39, to the point of beginning of this description; containing 33.62 Acres. E CLACKAMAS �y COLUMBIA MULTNOMAH /49� ft� WASHINGTON ���, VAIL MEW- "0", MW I !=" I IqIL 369 STATE OFFICE BUILDING PORTLAND,OREGON +97201 PHONE: -- 229-5594 November 2, 1970 Doris Hartig, City Recorder Stephen Telfer, City Admin, CITY OF TIGARD 12420 S. W. Main Tigard, Ore. 97223 Enclosed please find copies of the final order(s) adopted by he PORTLAND METROPOLITAN AREA LOCAL GOVERN- MENT BOUNDARY COMMISSION ON: October 21, 1970 Final Order(s) No. 207 Yours very truly ip R. Hollick Executive Officer PRH/j lc Enc. 1 t STAFF: COMMISSIONERS: BROCK DIXON PHILLIP A:HOLLICII,Executive omcer DR.RONALD C.CEASE,Chairman MRS.BROOKS CUNSUL CARL BRANDENFEL5,Vice Chairman LOUIS C. LSO!AL4 E.CARLSOKE.AdMbrt sfratcve ienaS. LA�i@1CHEK lysi MR JEAN KRETTER,Secretary DONOVAN E.BLAIR DR.CHARLES McXINLEY i RICHARD M.BROWN CAMPBELL RICHARDSON I JOHN S.CRAWFORQ`' DR.PAUL J.SLOMINSKI: * in \ G 14 ly kA�M of r S 2 k+J ! l It m NAMOMMM S F t rr- _ _ PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 369 State office Building - Portland, gon Telephone: 229-5594 FINAL ORDER RE : BOUNDARY CHANGE PROPOSAL NO. 207 - Annexation of the follow- ing territory to the City of TiC. gard LeZal Description That portion of land in section 1, Towriship 2 South, Range 1 heat, w.m., Washington County, State of Oregon, being rroore particularly described as foll s% Beginning at tiles Easterly Soaatheast corner of the W. W. Graham D.L.C. No. 39; running thence Routh 890 37' West a distance of 20.0 feet, along the South line of the said D.L.,C. .yo. 39, to a 2-inch iron pipe ore the Fest right-�Js�-moray boundary line of 4a� foot wide Cuunty Road Sky. 472 (S.w. 72nd Ave3nue�); thence South 0r 30' West a distance of 11.06 feet, .along the West boundary line of County Road No. 472 (S.W. 72nd Avenue), to a railroad spike sett the right-of-way angle point and terminus of County Road No. 4721 thence Southeasterly, along the Southwesterly right-of-way boundary live of 40-foot wider County Road NO. 245 (S.w. 72nd Avenue), to a point of intersection with a northerly extension of they West line of that tract of land conveyed to R. ^. Johnson, Inco, k 72311 Page 480, Washington county Deed Recordar thence north 01 10' ftst a distance of 45.54 feet, along the northerly extension of the West Line of the said R. A. Johnson, Inc., tract of land,, to a point; thence South 590 44' East a distance of 117.20 feet to a point; thence South oo 14)' Bast a distance of 262.22 feet, re3 or less, to the Southeaast corner of the said R. A. Johnson, Inc. tract of land; said Southeast corner of the R. A. Johnson, Inc. tract of land also being a point on the North line of the James Hicklin D.L.C. No. 43; thence easterly, along the North line of the James Hicklin D.L.C. No. 43, to the: re-entrant corner of the said Hicklin D.L.C. No. 43; said re-entrant corner of the Hicklin D.L.C. . 43 also being the point of beginning of the centerline of County Road No. 245; thence Northwesterly, along the centerline of aDunty Road . 245, to a point of intersection with a Westerly a xtenuion of the South line of that tract of land conveyed to JasePh M. Fought & T.& w. Equipment:company, No. $63 Deed Records; thence North 830 52' East, along the South line and said extension thereof of the J. !. Fought & A. & W. Equi�ient COMPa-slay tract 0f land, to the Southeast corner thereof; thence North a distance of 330 feet, along than Went . line and Northerly extension thereof of the J. H. nought & T. & W. Equipment company tract of Land, to the met Northerly northwest corner of that tract of land conveyed to Georgia Pacific corporation, wok 520, Page 369! said Deed Records; thence North 89052' East, along the most Northerly a'oxth line of the Georgia pacific Corpora- tiers tract of land, to Northeast corner thereof, said Northeast corner being a point on the westerly right-of-way boundary line of Page 1 - FINAL ORDER the Beaverton-Tigard Highway (State Secaadaxy Highway No. 144) ; thence Northwesterly, along the said Westerly boundary line of the Beaverton-Tigard Highway (State secondary Highway No. 144), to a point of intersection with the North lima of the Southeast 1/4 of the Southeast 1/4 of said Section It thence North 880 53' West a distance of 378.60 feet, along the said Mrth. lig of the Southeast: 1/4 of the Southeast 1/4 of said Section 1, to the Northerly firth" west corner of the James Hicklin D..1,.C. No. 43; thence-- South 2 27' 20" vest, along the West line of the Southeast 1/4 ot rhe Southeast 1/4 of said Section 1. a distance of 340.71 feet to an iron piper. thence north 890 53' West, parallel with the North line of Government Lot No. 4 in said Section 1, a distance of 211.0 feet to the South- east corner of that tract of land conveyed to Joseph M. Fought & T. & W. Equipment Company, Book 582, Page 602, said Deed Records, thence North a distance of 340.72 feet to the northeast corner thereof; thence West 466.66 feet, more or less, to the Northwest corner of said Government wt No. 4, said Northwest corner of Government Lot No,, 4 being a point on the East line of the said W. W. Graham D.L.C. No. 39; thence, South along the East line of the W. W. Graham D.L.C. . 39, to the point of beginning of this description, containing g 33.62 Acres. WHEREAS, on Sept.,-,mber 11, 1970, the Commission received a petition from property owners requesting that certain property be annexed to the City; WHEREAS, the petition meets the requirements for initiating; boundary change proposals in ORS 222. 170 and paragraph (a) , Section (1) of ORS 199.495; WHEREAS, the Commission duly published notice of public hearing in accordance with ORS 199.520 and conducted a public hearing on October 7, 1970, in accordance with the rules of the Commission and paragraph (b), Section (1) of ORS 199.475; WHEREAS, the Commission caused a study to be made of this proposal as provided in paragraph (a) , Section (1) of ORS 199.475, WHEREAS, on the basis of the study which considered economic, demo- graphic, and sociological trends and physical development of the land, and the public hearings the Commission found that: a) the territory to be annexed is contiguous to the City :and is located within a larger "island" area (Rolling Hills) surrounded by the boundary of the City; b) the territory containing 32. 53 acres is primarily undo-, veloped ndo - veloped (contains a ;single family dwelling and one industrial structure) and includes an';estimated. population of, 4 'persons; c) ` the property` owners proposed to develop a computer center in the northwest portion of the terYito�j+ and request annexation in order to obtain municipal services, particularly sewerage, from the Cit ; Ease 2 FINAL ORDER t d) the City has sewer mains in the immediate vicinity of the territory and are :Waking improvements to its sewerage treatment plant for added treatment capacity for new connections, and y it the�+ e aadditional properties were .111lproperyy omitted fru V,•. proposal and the owners were not present at the hearing, WHEREAS, the Commission continued the hearing and notified the owners of the property improperly omitted to appear before the Commission and show cause, if any, why their land should not be included in the proposed annexation as provided by Section (2) of ORS 199.475; WHEREAS, the continued public hearing was held on October 21, 1970, and on the basis of the study and continued public hearing the Commission found that: a) the additional properties are situated to the south of the original annexation territory across S. W. 72nd Ave. ; b) the additional properties consist of 2 parcels each containing a single family dwelling and a total estimated population of the additional properties is 7 persons ; and c) the additional properties are in the service sphere of the City's sewer system and the inclusion of the properties will help eliminate a confusing boundary situation (an "island" within a larger "island") . . WHEREAS, on the basis of the findings the Commission approved BOUNDARY CHANGE. PROPOSAL NO. 207 as modified on October 21, 1970 ; NOW THEREFORE IT IS ORDERED THAT the territory described above be annexed to the City of Tigard as of this date. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ,i DATIE: October 21 , 1970 B Ronald C. Cease, Chairman Attet Page 3' - FINAL ORDER