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Ordinance No. 73-34 N r 5 1 CITY OF TIGARD, ORBOOK AN ORDINANCE RATIMNO, CONFIRMINC, AND RECORDING CHANGE IN THE BOUNDARIES 01P THE CITY OI" TIGARD BY THE BOUNDARY COMMISSION, ORDER No. sv . INVOLVING Ish= Or S.W. 59th Avenue & Pacific Highway, Sect!-n 35, TwRaship i South, Rangge�1� West, Willamette Meridian, WASHINGTON COUSTY, ORS". RBGYJRDING EPFECTIVE DATE, AND DECLARING AN EMERGENCY .r WHEREAS, the Boundary Comission established pursuant to Chapter 494 oregon Laws of 1969 for the Portland Metropolitan Area, k by its final order datedapproved the hereinafter described change lnllrt e gluzn3darles of the City of Tigard, and a copy of sadd final order has been filed with the City Recorder, NOW THEREFORE, _ } i f THE CITY OF TIGARD ORDAINS AS RvlwuWS: } `i t section 1: That the final order of the Boundary Commission i adopted on the day of i z ' . 1 a copy whereof is hereto attach-ed and by th s refersnca made a } part hereof. be, and the same is, hereby ratified, confirmed and adopted by reference to the same legal force and effect as if { set forth herein in full Section 2s 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. } 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 Otidar, in the following offices: (a) Secretary ot)State (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, Washington County Section 4s 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 describedpremises to the requirements of the city's Zoning Map and Code. Section 5: Inasmuch as-it is necessary for the peace, health and 1 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 ordinancey,shalL be effective upon its passage by the Council, approval'by the Mayor. i a. ORDINANCE No. fa' s. rP k 4 r=as } PARSED: By unanimous vote of all Council Members prevent, after being read three times by number and title only, this r- 26th day of Tag er , 19--23,. t Recor er - City .frTJ#gd-F APPROVED: By the Mayor, this ULrh__ day of _ -m , Mayor City of ard } r Mf- �pp t ta PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY C01"DIISSION 6400 S. W. Canyon Court - Portland, Oregon 97221 - Tel : 297-2237 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 637 - Annexation of the follow- ing territory to the City of Tigard Legal Description That portion of land in Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the East quarter section corner of said Section 36; running Vfence South, along the East boundary line of Section 36, a distance of 229 feet,more or less, to a point of intersection with an Easterly extension of the North boundary line of that tract of Land conveyed to George F. Paulsen as recorded in Book 506, on Page 345 in Washington County Deed Records; thence North 89° 41' 51" West, along the said extension and (along the)`North boundary line of the Paulsen tract and continuing along a Westerly extension thereof, a distance •of 663 feet, more or less, to a point of intersection With the West boundary line of that tract of land conveyed to Portland General Electric Company as recorded in Book 456 on Page 433 in Washington County Deed Records; thence North 000 20' West,.along the West boundary line of the-said Electric Company tract of land, a* distance of 215 feet, more or less, to the Northwest corner thereof; thence South 89° 41' 51" West, along the North boundary line of the said.Electric Company tract of land, a distance.of 189.01 feet to the Southeast corner of that tract of Land under contract to Peter B. Bedford as recorded in Book 825 on Page 007 in Washington County Deed Records; thence North 00° 27' 55" East, along the East boundary line of the Bedford tract, a distance of 697,01 feet to the most Northerly corner thereof; -said most Northerly cornu of the Bedford tract being a point in the Southerly right-of-way boundary line of State Primary Highway No. 1 West (S.W. Pacific Highway West); thence continuing North 000 27' 55" East, along a Northerly extension of the East boundary line *of the Bedford tract of land, a distance of 100 feet, more or less, crossing said State Highway to a point of intersection with the. Northerly right-of-way boundary line of said State Highway; thence Southwesterly, along the Northerly rigcc-of-way boundary .line'of said State Highway, a distance of 500 feet, more or less, to a paint of intersection with the East right-of-way boundary line of County Road No. 1456 (S.W. 69th Avenue - 60 foot wide); thence North 00° 04' West, along the said right-o.-way boundaty. line of County Road No, 1456, a distance of 375 feet, more or less, to a point of intersection with the South right-of-way boundary line of County Road No. 1758 (S.W. Pine Street- 60 foot wide); thence South 89° 58'• East, along the said right-of-way boundary line of County Road No. 1758, a distance of 190.00 feet to the Northwest corner of that tract of land conveyed to Issac C. & Rachel Baruch as recorded in Book 808; ?age 539 'in Washington.County 'Deed Records; thence North 67" 40' East, along the North line of the Baruch tract of land and along a Northeasterly extension thereof, a distance of 415.35 feet -to the Northerly most Northeast corner of that •tract of•land condeyed to Jack D. & Norma A. Merrill as recorded in Book 481 on Page 488 in Washington County Deed Records; thence South, along the East boundary line of the Merrill tract of land and along a Southerly extension thereof, a distance o£'100.00 feet, to the Southeast corner of that tract of land conveyed to Laura Moser as recorded in Book 749 on Page •350 in Washington County Deed Records; thence North 670 36' East, along the South boundary line of the Moser tract of land and along a Northeasterly extension thereof, a distance of 387.00 feet to the Nortbcast corner of-that tract of land conveyed to Harold Bradley as recorded in book 814 on Page 430 in Washington County Deed Records; said Northeast corner of the Bradley tract being a point in the East boundary line of Page l - FINAL ORDER said Section 36; thence South, along the East boundary line of the Bradley tract of land, a distance of 27.3.60 feet to the Southeast corner thereof; said South- cast corner of the Bradley tract being a point in the Northerly right-of-way boundary line of .the aforesaid State Highway and also being a point in the East boundary line of said Section 36; thence South, along the East boundary line of Section { 36. a distance of 155 feet, more or less, crossing said State Highway to a point of intersection, with the Southerly right-of-way boundary line of said State Highway; thence continuing South, along the East boundary line of said Section 36, a distance of 786.5 feet, more or less, to the point of beginning of this description. Proceedings on Proposal No. 637 commenced upon receipt by the Boundary Commission of a petition from property owners on August 29, 1973 request- ing that certain property be annexed to the City. The petition meets the requirements for initiating a proposal set forth in ORS 222.170 and paragraph (a) Section (3) of ORS 199.490. Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on October 17 , 1973. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. On the basis of the public hearing and the study, the Boundary Commission i made a number of findings : a) the original territory proposed to be annexed is contiguous to the City and contains 5. 20 acres, 2 single family resi- dences, 5 commercial structures and an estimated population of 5 persons ; b) the .petitioners request annexation to obtain City services, _ particularly planning and police protection; c) the City has prepared and adopted a Comprehensive 'Plan which encompasses territory within and without the City and which sets forth community goals and policies to be used in making decisions on ,development proposals within the territory to be annexed; one adopted Community Goals states that: "The Comprehensive plan recognizes the established character of existing neighborhoods and seeks to preserve and enhance existing neighborhood values. Future (levelopment proposals f should be sensitive to the concern of citizens for their own immediate environments as well as the wellbeing of the city as a whole. d) the City has a professional planning staff which can bring to the attention of the City's Planning Commission and Council all adopted community goals and the City Administrator. indi- cated his staff .is cognizant of the need to "preserve and `, enhance" the single family residential neighborhood situated north of the territory to be annexed which is indicated designated in the City' s adopted Community Plan; Page 2 - FINAL ORDER I the City maintains a professional police force which provides 24-hour protection and which according to- City records maintains an average response time on all calls of 5.46 minutes , with emergency calls of 3 minutes or less; and f) additional. properties were improperly omitted from the proposal and the owners were not present at the hearing. =r On the basis of the findings the Boundary '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 ORS 199.475. The continued public hearing was held on November 14, 1973, and on n the basis of the study and the continued public hearing the Boundary Commission found that: ,ro a) the additional territory to be annexed contains 11 .63 acres, 2 commercial buildings and a power substation; b) approval of the overall annexation including the modifi= cation would improve the city's ability to rationally plan for -the area since both sides of a substantial portion of Pacific Hwy. would be under their jurisdiction; and c) the modified annexation would help eliminate a situation where both the county and city law enforcement agencies are patroling the same area. The city would be able to respond on both sides of a considerable length of Pacific Hwy without having to call in the county. On the basis of the findings listed .above, the Boundary Commission approved BOUNDARYCHANGE PROPOSAL NO. 637 as modified on November 14, 1973. NOW THEREFORE IT IS ORDERED THAT the territory described above be annexed to the ;amity of Tigard as of this date. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CObibiISSION BATE: November 14 , 1973 By: Jes hairm/P% Attest• Page 3 - FINAL ORDER PROP6SAL NO, 637 Jyy 1 465 MS 4499 Vt�� �SI ��7..�S _ va�"11+i•�,��''�"'V�'iiA �?. 6 \ 1t( ° o � t o Cf • a ta d ; ",Cdr.,_.� ..�i;•.ae..a►..:.o®or t. g N Y169 1. M S :� .� • �• 1 131, n as r EXHIBIT "A" � That portion of land in Section 36, Township 1 South, Range i West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the East quarter section corner of said Section 36; running thence F' South, along the East boundary line of Section 36, a distance: of 220 ft:�et,more or less, to a point of intersection with an Easterly extension 'of the North E boundary lineof that. tract of land conveyed to George F. Paulsen as recorded in Book 506, on Page 345 in Washington County Deed Records; thence North 89° 4a' 51" West, along the said extension and (along the);North'boundary line of the Paulsen tract and continuing, along a Westerly extension thereof, a distance of 663 feet, more or less, to a point of intersection with the West boundary line of that tract of land conveyed to Portland General Electric Company as recorded in Book 456 on Page 431 in Washington County Deed Records; thence North 000 20' West, along the West boundary line of the said Electric Company tract of land, a distance of 215�feet, more or less, to the Northwest corner thereof; thence South 89° 41' 51" West, along the North boundary line of the said Electric Company tract: of land, a distance ,of 189.01 feet to the Southeast corner of that tract of land under contract to Peter B. Bedford as recorded in Book 825 on Page 007 in Washington County Deed Records; thence North 00° 27' 55" East, along the East boundary line of the Bedford tract, a distance of k f 697.01 feet to the most Northerly corner thereof; said most.. Northerly corner of the Bedford tract being a point in the Southerly right-of-way boundary line of State Primary Highway No., 1 West` (S.W. Pacific Highway West); thence. continuing 3 North 00° 27' 55" East, along a Northerly extension of the East boundary line of the Bedford tract of land„ a distance of 100 feet, more .or` less, crossing said State Highway to a point of intersection with the Northerly 'right-of-way boundary line of said State Highway; thence Southwesterly, along the Northerly right-of-way boundary line.of said State Highway, a distance of 500 feet, more or less, to ; a point of intersection with the East right-of-way boundary line of.County Road No. 1456 (S.W. 69th Avenue - 60 foot wide); thence North 00° 04' West, along . the said right-of-way boundary line of County Road No. 1456, a distance of 375 feet, more or less, to a point of intersection with the South right-of-way s, boundary line of County Road No. 1758 (S.W. Pine Street - 60 foot wide); thence South 899 581 East, along the said righc-of-way boundary line of County Road No. 1758, a distance of 190.00 feet to the Northwest corner of that tract of land conveyed to Issac C. & Rachel=Baruch as recorded in Book 808, Page 539 in Washington County Deed Records; thence North 67° 40' East, along the North line of the Baruch 'tract of land and along a Northeasterly extension thereof, {4 a distance of_415.35 feet to the Notherly most Northeast corner of that tract of land conveyed to Jack` D, & Norma'A Merrill as recorded in Book 481 on Page 488 in Washington County Deed' Records,;, thence South, along the East boundary line of the Merrill tract of land and along a Southerly extension thereof, a r, distance of 100.00 feet, to the Southeast corner of that tract of land conveyed ` to Laura Moser as recorded in Book 749 on Page 350 in Washington County Deed } r Records; thence North 670 36' East, along the South' boundary line of the Moser A k tract of land and along a Northeasterly extension thereof, a distance of 387.00 z feet to the Northeast corner of that tract of land conveyed to. Harold Bradley as recorded in Book 814 ,on.'Page 430 in Washington County Deed.'Records; said Northeast corner of the Bradley tract being,a.,point in the Fast boundary line of said Section 36; thence South, ''along the East boundary line,of the Bradley tract - of land, , a distance of 223.60 feet to the Southeast corner thereof; said South- ,. , east corner of the Bradley tract.being a pont_in the Northerly right-of-way boundary r, line of the aforesaid State Highway, and also being a PIP int •ix► the East boundary line of said Section 36; thence�'South,;.al 'ng'°the East:;boundary line of Section ., 36, a distance,-:t6f `155 feet, more"or less, crossing said State,,H%ghwayy td a point 5++' f t r ..;a" �'` •¢3 ,r ..x aid„ a� ,rx 14 rage 2 of intersection with the $autherly right»of-way, bound4ry line of said Stste Highway;. thence continuir?` South, along the East boundary dine of said Section 36, a distance of756.5;f t, .m©re or less, to the point of beginning of this descriptiorn.,' : r. t R . } F Y .. ,. . }� �✓� 'ftJ rr �' e g SF r I ! W. OAA STREET f d q w 4 Gi f E 6100 { 5901 6000 1.01 S. W. PINE T ET .75 5900 .72 � 200 .3 .51 Todds 5800 1.2 Kentucky Rest. Carlstnn TSBr Rain- Chicken nn tree 4300 1.0 Texaco otel 3 Station O1 Mayernik .89 6400 .43 6200 Mobil Blanchard , O�Wh 6300 6.49 Z W• sPortland Gener..1 Electric 6390 .0 P.G E rl 100 (1S1 36DA) 3.24* Portland General Electric aw an �.. All account'numbers'from tax map lS1 36AD unless othesoriae designated. 3q