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Ordinance No. 71-36 µ4l.6+ CITY OF TIGARD, OR:GON ORDINANCE No. 71 -h� AN ORDINANCE RATIFYING, CO.W:LRt XNG AND RECORDING CHANGE 1 IN THE BOUNI)ARILS OF THE CITY OF TIGARD BY THE BOUNDARY CO@IMISSION, ORDER No, 314IN`,OLVING LANDS OF Miller, Eldridge, Schulz, et al, in Section 3 Township 2 South, Range i West, Willamette Meridian, WASHINGTON COUNTY, ORLGON, RECORDING EFPOC'TIVE DATE, ,AND DHCI,MNO AN EMERGENCY WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1469 for the Portland Metropolitan Area, by its final order dated se tember 6 1971 approved the herZia#tar dascr,sbed change n thea ^of the City of t Tigard, and a copy of said final order has been filed with the City Recorder, NOW THEREFORE, 'SHE CITY OF TIGARD ORDAINS AS FOLLOWS: Section It That tha final order of the Boundary Commiasion adopted an the 8th day of September, 1971 a cosy whereof is hereto attached and by this reference mA e a part hereof, be, and the :same ie, hereby.ratified, confirmed and atdmpteO by reference to the same legal force and effect as if s met forth herein in full. i Section 21 That the boundaries of the City of Tigard be, and they are hereby, changed to include the lands as described # ir_ the within order of the Boundary Con--nission, and the corporate :a limits of the City of Tigard are hereby changed in conformity i. therewith. 4 Segction 33t That the Recordar of the City of Tigard be, and -she ie herebVe 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, I' 'Washington County Section 4s That the City Planning Commission be, and it is hereby, ' ziuthorized and directed to conduct such proceedings an 1 may be 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 St 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 t' 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. ORDIUMCH No. 71-3 t g �r: PASSED: By unanimous vote of all Council Members present, 4fter being read three timao by number and titin only, this Y clay of October __.e 19 7l . ReCo� Cilfyo T rd F APPROVED. By the Mayor, this --ll__ day of _ ogt;obbe I9-L_. EP Maydr Cly og Tigar'd s 1 4P,DIMNC$ Ro. ;7�- e F PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION # 6400 S. IV. Canyon Court, Portland, Oregon 97221 - Tel: 297- 2237 €, FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 314 - Annexation of the follow- ing territory to the City of Tigard Legal Description That portion of land, in Section 3, Township 2 South, Range 1 West, Willamette Meridian, lvashington County, Oregon, being more particularly described as follows. i Beginning at the initial point of Virginia Acres, a subdivi- sion of record in Washington County, Oregon, said initial point also being the initial point of Virginia Acres No. 2, a subdivi- sion of record in said County; running thence South 890 546 ,'est a distance of 124.0 feet to the Southwest corner of Lot 8, Virginia Acres subdivision; thence South 000 276 *lest a distance of 75 feet to a point; thence South 890 526 Nest 50 feet to a point; thence North 000 271 East 75 feet to the Southeast corner of loi 9, Virginia Acres; thence South 890 546 Z,rest a distance of 253.0 feet' to a point on the Easterly right of wayboundary line of 40 foot gide County Road No. 358 (S.W 115th Avenue); thence South 0° 371 .West a distance of 872.4 feet, more or less, along the said boundary line of County Road No. 358, to a point of Intersection with the centerline of 40 foot wide County Road No. 411 (S.W. Oaarde Street); thence 1,1esterly a distance of 1146 feet, more or less, along the centerline of County Road No. 411, to a point of intersection with a Southerly extension of the ,Fest boundary line of that tract of land conveyed to Joan E. Bruechert, Book 758, Page 600, Deed Records of said County; thence North 010 let East a distance of 660 feet, along the said extension and West boundary line of the Bruechert tract, to the most Westerly North- west corner thereof; thence North 30® 306 cast a distance of 249.0 feet, along the Northwest boundary line of the Bruechert tract, to the most Northerly Northwest corner thereof, said Bruechert most Northerly Northwest corner also being the Southwest corner of that tract of lend purchased under contract by -Lynn T. w leota J. Miller, Book 615, Page 473, Deed Records of said County; thence South 890 23' East a distance of 348.0 feet, more or less, to a point; thence North 32' 556 East a distance of 553.7 feet to the Southwest corner of that tract of land conveyed. to Donald L. Osborne et ux, Book 725, Page 38, Deed records of said County, said Southwest corner also being in the center of a creek; thence Northerly along the'West line of the said Osborne tract, which is following the meandering line of said creek, and continuing along said meandering line a distance of 275 feet, more or less, to the Southwest corner of-that tract of land conveyed to Robert G. & Marjorie Pape, by deed, recorded in Book 559, Page 34 , Deed Records, Washington County, Oregon; thence ;North 340 181 20" East, along the Westerly line of the Pape tract and an extension therecf, Page 1 FINAL ORDER R I a distance of 430 feet, more or less; to a point on the centerline of said County Road No. 358 (S.11. 115th Avenue); thence South 890 231 East a distance of 20.0 feet to a point on the Easterly right of way boundary Line of County Road No. 358; thence running South 000 37' West, along the said boundary 'line of County 'load No. 358, to a point of intersection with r j,'esterly extension of the Northerly line of said Virginia Acres subdivision; thence North 890 54' East, along the Ncrth line of Virginia Acres and Virginia Acres No. 2, to the Northeast corner of Lot 19, Virginia Acres No. 2; thence South 000 24' 'Test a distance of 447.64 feet to the Southeast corner of Lot 12, Virginia Acres No. 2; thence ,South 890 541 Test a distance of 374.19 feet, along the Scuth � boundary line of Virginia Acres No. 2, to the point of be®inning of this description. WHEREAS, on June 17 , 1971, 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 (3) of ORS 199.490. WHEREAS, the Commission duly published notice of public hearing in accordance with ORS 199.520 and conducted a public hearing on July 28, 1971, 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 hearing, the Commission found that: a) the territory to be annexed is contiguous to the City; b) the territory contains 28 acres, 8 single family dwellings and an estimated population of 20 persons ; c) the property owners request the boundary change to obtain City services, particularly sewers and police protection; d) the owners propose to develop a portion of the territory in a planned unit _develop:nent containing a mixture of single family, duplex ar,`' "townhouse" type units ; e) the proposed development is compatible with the City's recently adopted Comprehensive Plan (which indicates medium residential development for the territory) and is compatible with county zoning in the area wh-L is n= , ��he T..,st dense single family residential zone) Page 2 - FINAL ORDER k f f) the City has a sewer main adjacent to the territory which can be extended to serve the proposed development; and g) additional properties were improperly omitted from the proposal and the owners were not present at the hearing. WHEREAS, the Commission continued the bearing 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, WIEREAS., the continued public hearing was 'geld on September 8, 1971, and on the basis of the study and continued public hearing the Commission found that: a) the additional. territory to be annexed contains 15.43 acres, 23 single family dwellings and an estimated popu- lation of 75 persons; b) most of the additional territory is a potential unincor- porated "island" area within the City; c) the same services available to the original territory are t proposed additional'�'ional territory; t City available f`.G file prep, 1 territory; he maintains 24 hour police protection and has two se!,fer mains adjacent to the entire proposed modified territory; when it becomes necessary for the existing dwellings to be connected to a sewer the City's system is the logical provider of the service; and d) inclusion of the additional properties would eli;ninate an irregular boundary situation. WHEREAS, on the basis of the findings the Commission approved BOUNDARY CHANGE PROPOSAL NO. 314 as modified September 8, 1971 ; NOW THEREFORE IT IS ORDERED THAT the territory described above be annexed to the City of Tigard as of this date. PORTLAND METROPOLI'T'AN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION DATE; September 8 1971. By, Rona—IT-C. ease Chairman Certified to bo a true and exact eap;r of the oriCinal Attestc ,\ fIz i'ax° 3arc3 _tw14. i ^.iArea Iteral Government GoZlmiQ J. �r 7t1G�'f? f Of Ldwssvon - r` SEC. 3 ,T 2 5 R l W W tail .+tEAsaN t PAs'" or .roccrf vsao>Yros cGtJcs,� 0n3 Oct So: 904 V14 �OrS` A � s Sys. FprsaraavEni eialsuc.-- M!! i q' is SHIRLEY COTE If ll MILI£R j � cNDIocESE r^uR N pl ' ,oai�.=�� 7�uRtJgt71.L j t�3aEG.t1r! ury ti r