Ordinance No. 71-39 CITY OF TXGARD, OREGON
ORDINANCE No.
AN ORDINANCE P,4TIFYING, CONFIRMING AND RECORDING CHAML11
IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION,
ORDER No. 316 ', INVOLVING LANDS OF Barton, McGrade, Fehrenbacker,
et al in Sept on 34, Township 1 South, Range 1 West, W,M„
WASHINGTON COUhW, OREGON, RECORDING EFFECTIVE DATB, AND DECLARING
AN 'EMERGENCY
VPiFREAS, the Boundary COMUission established pursuant to
Chapter 494 Oregon haws of 1969 for the Portland Metropolitan Area,
by its final oder dated October 6, 1971 approved the
hereinafter described change in the boundaries of the City of
Tigard, and a copy of sairt final order has been filed with the
City Recorder,
NOW THEREFORE,
THE CI''T OF TIG.ARD ORDAINS AS FOLLOWS:
Section 1: That the final order of the Boundary Commission
adopted on the 6th day of October, 1971
a copy whereof is hereto attached and by this reference made a
part hereof, be, and the sage is, hereby ratified, confirmed and
adopted by reference to the same legal force and effect as if
set forth herein in full.
Section 2: That the boundaries of the City of Tigard be, and they
1. are hereby, changed to include the lands as described
in the within order of the Boundary Commission, and the corporate
limits or 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 Stats
(b) Department: of Revenue and Taxation, Washington County
(c) Department of Records and Elections, Washington County
(d) Department of Public Works, Attention: Surveyor,
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Washington County
Section 4: That the City Planning Commission be, and it is hereby,
authorized and directed to conduct such proceedings as
may be necessary to conform the authorized zoning and land use of
the described preMi$03 to the requirements of the City's ;coning
Map and Code.
Section a_ 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 Council, and approval by the Mayor.
ORDINANCE-No. 71
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PA SRO. By unanimous voto of all Council Members present, after
being read ttsrea times by number and title only, this
2 S th dal' of October 19 7 t,,.
Reaoraera=.'city of T ars
APPROVED. By the Mayor, this day of October , 19 71.
;day r - City of Tiga
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COIUII`IISSION
6400 S. W. Canyon Court - Portland, Oregon 97221 - Tel : 297-2237
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO. 326 - Annexation of the follow-,
ing territory to the City of Tigard
Legal Description
'That portion of land in the Northeast quarter of the Southwest
quarter of Section 34, Township 1 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly
described as follows:
Beginning at a 5/8 inch iron rod which bears South 00 00' 32"
East a distance of 516.50 feet from the center of Section 34,
TIS, R1W, W.M. ; thence running on a 96.62 foot radius curve to
the left (which has a chord that bears South 300 19' 26" West,
43.60 feet) an arc distance of 43.98 feet; thence South 170 17' 00"
West a distance of 10.02 feet, thence North 000 001 32" West a
distance of 288.75 feet; thence North 890 55' 00" West a distance
of 471.03 feet; thence South a distance of 25 feet; thence West
a distance of 1.65 feet; thence South 00 15' 35" East a distance
of 359.06 feet to a point on the North boundary line of Burlwood
No. 2, a duly recorded subdivision in said County thence East
a distance of 660 feet, along the said boundary Line of Burl�wood
No. 2, to a point of intersection with the (South %, corner to
Center Section) 4 Section line of said Section; thence North
00 00' 32 infest, along the said k Section line to the point of
beginning of this description. Containing 5.08 acres, more or less.
WHEREAS, on August 10, 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
September 8, 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 L paragraph (a) , Section (1) of ORS 199.475 ;
Page 1 - FINAL ORDER
WHEREAS, on the basis of the study which considered economic,
demographic, and sociological trends and physical development of
the land, and the public healing, the Commission found that :
a) the territory to be annexed is contiguous to the City;
b) the territory to be annexed contains 2.36 acres , one
single family dwelling and an estimated population of.
3 persons ;
c) the property owner proposes to construct a planned unit
duplex development in the territory and requests annexa-
tion in order to obtain city services , particularly
sewers and police protection;
d) the proposed development is compatible with the City's
recently adopted Comprehensive Plan and is compatible
on density basis with the existing county zoning for
the territory;
e) the City has sewer mains in the immediate vicinity of
the territory and has the necessary ability to provide
the service; and
Q additional properties were improperly omitted from the
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 6, 1971,
and on the basis of the study and continued public hearing the
Commission found that:
a) the additional. properties (two parcels) are located
immediately to the west of the original territory to be
annexed;
b) the additional parcels contain 2.44 acres , two single
family dwellings and an estimated population of six
persons ;
c) the additional properties would almost be an unincorporated
"island" area within the City if the original proposal
were approved; and
d.) the same services available -to the original territory
can be extended to the additional territory and inclusion
of the entire proposed modified territory to be annexed
will eliminate a confusing boundary and jurisdictional
situation.
page-2 - FINAL ORDER
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WI:EREAS, on the basis of the findings the Commission approved
BOUNDARY CHANGE PROPOSAL NO. 326 as modified on October 6, 1971;
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
DATE: October 6, 1971 ly: G.
Ronald C.C. Cease
Chairnmn
Attest.
Certifled to be a true and
exact 00py of the original
Portland tel—:;r:1.4 4 firoa i,oeal Government
be.:_,dary Commission
Seoro of C iesioai
Page 3 . FINAL ORDER
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