Ordinance No. 75-33 CITY OF TIGARD, OREGON
ORDINANCE NO.
AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE
IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION.
ORDER No. 801 , INVOLVING LANDS OF B. & T. INVESTMENT COMPANY,
Township 2SouiF Range 1 West, Willamette Meridian,
WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND DECLARING
AN EMERGENCY
WHEREAS, the Boundary Commission established pursuant to
Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area,
by its final order dated April 30, 1975 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,
NOW THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That the final order of the Boundary Commission
adopted on the03 th day of April, 1975
a copy whereof is hereto attached and by this reference made a
part hereof, be, and the same is, hereby ratified, confirmed and
adopted by reference to the same legal forte and effect as if
set 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.
Section 3: That the Recorder of the City of Tigard bs, 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 State
(b) Department of Revenue and Taxation, Washington County
(c) Department of Records and Elections, Washington County
(d) Department of Public Worcs, Attention: Surveyor,
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 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 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.
r
i .
PASSED: By unanimous Grote of all Council Members -present, after
being read three times by number and title only. this
23rd day of Dnp
Re order City of and
APPROVED: By the Mayor, this 23rd day of June 19_75.
Mayor - City of Tigard--f—
Page
igard
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Page 2 - ORDINANCE No.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
527 S. W. Nall Street - Portland, Oregon 97201 - Tel : 229-5307
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO. 801 Annexation of territory
to the City of Tigard.
Proceedings on Proposal No. 801 commenced upon receipt by the Boundary
Commission of a petition from property owners on February 28, 1975
requesting that certain property be annexed to the Llty. 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 April 2, 1975. The
Commission also caused a study to be made on this proposal which cop.-
sidered economic, demographic and sociological trends and projections
and physical development of the land.
FINDINGS
On the basis of the public hearing and the study the Boundary Com-
mission found that:
1. The original territory to be annexed is contiguous to the City
and contains 2.17 acres, I industrial-commercial structure under
construction and is evaluated at $44 ,000.
2 . The territory is to be annexed as a condition for obtaining sewage
collection service from the city.
3. The county planning department would like to retain jurisdiction
over building inspection and construction requirements until the
building is complete or the conditional use permit issued by the
county expires. The county planning department also recommends
possible modification to include TLs 2100, 2700 and 2802.
4. The city's plan calls for general industrial in the area. The
city would accept the conditional use permit issued by the county
and would likely make no change in its requirements upon the property
owner for compliance.
S. The city notified. five adjacent property owners of the annexation
with the intention of alerting them to possible modification to
include their properties in the annexation proposal.
6. - The city's sewer line in SW 77nd Ave. adjacent to the property
has already been connected to the site on the basis of a written
agreement in which the property owner agreed to annex to the city
as a condition of connecting.
7. Additional properties were improperly omitted from the proposal and
the ownerswere not present at the hearing.
t
Page 1 FINAL ORDER k
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 April 30, 1975, and on the
4' basis of the study and the continued public hearing the Boundary
Commission further found that :
1. The additional territory is contiguous to the City and contains
13.61 acres, one commercial structure, one industrial structure
and an assessed valuation of $285,100.
2. The additional territory is zoned by the County for industrial
use (MA-1) and is designated in the City' s Comprehensive Plan
for industrial use.
3. The same City services that can be extended to the original
territory to be annexed are available to the additional terri-
tory. . ..
REASONS FOR DECISION
On the basis of the findings the Commission determined that :
1 . The original territory to be annexed desires sewer service from
the city. The city has a sewer line adjacent to the territory
in SW 72nd which can also serve the additional area.
2. The city' s plan calls for general industrial use in the area and
this is compatible with the County zoning and the plans of the
petitioner.
3. The county had already granted a conditional use permit for
construction in the original annexation area.
ORDER
On the basis of the findings and reasons listed above, the Boundary
Commission approved BOUNDARY CHANGE PROPOSAL NO. 801 as modified on
April 30, 1975,
NOW THEREFORE IT IS ORDERED THAT the territory described in Appendix "A"
and depicted on the attached map, be annexed to the City of Tigard as
of this date.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COb94ISSION
DATE: April 30, 1975 By:
le
Anthony N. ederici
Chairman
Attes
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Page 2 - FINAL ORDER I
Appendix "A"
Proposal No. 801
CITY OF TIGARD
Annexation
Beginning at the northwesterly corner of Lot 5 of Bonita
Gardens, a duly recorded subdivision of record in Book 5,
Page 11, Plat Records of Washington County; Oregon; running
thence_ SoLit.her l_y al-nnn th9 yecf lino of aniri I n4. 5 c did
tance of 439.50 feet to a point; thence Westerly along the
northerly line of that tract of land described in an inden-
ture recorded in Book 509, Page 408, Deed, Records of
Washington County, a distance of 488.00 feetto a point on
the easterly right-of-wa line of (40 foot wide) S.W. 72nd
Avenue (County Road #126 ; thence Westerly across S.W. 72nd
Avenue a distance of 40 feet, more or less, to a 211 iron
pipe on the- west right-of-way line-)- which point bears 54.0..
feet North from the southeast corner of Lot 48 of Fanno
Creek Acre Tracts, a duly recorded subdivision of record
in Book 5, Page. 14, Plat Records of Washington County;
thence West a distance of 420 feet, more or less, to a point
on the easterly right-of-way line of the Southern Pacific
Railroad, thence North 170 33' West along the Southern
Pacific Railro&J Company's easterly right--of-way line to an
iron pipe which bears South 170 19' East, a distance of 208. 77
feet from an iron pipe at the intersection of the said
Southern Pacific right-of-way line and the south right-of
way line of- Bonita Road (County Road '-736); thence North
890 21' East a distance of 190.13 feet to a point; thence
North 00 39' West a distance of 200.0 feet to a point on
the south right-of-way line of (40 foot wide) S.W. Bonita
Road; thence continuing North 00 39' West, a distance of
20.0 feet to a point on the center line of said S.W. Bonita
Road; thence North 89° 21' East 'a distance of 474.8 feet,
more or less, along said centerline to a point of inter-
section with the centerline of (40 foot wide) S.W. 72nd
Avenue; thence Sout', along the centerline of said S.W.
72nd Avenue a distance of 495 feet, more or less, to a
point of 'intersection w1th a westerly extension of the €
north line of Lot 5 of Bonita Gardens; thence Easterly a' I"
distance of 506.59 feet, along the said extension of the
north line of Lot 5 of Bonita Gardens, to the north-westerly
corner of said Lot 5 of Bonita Gardens, being the point w
of beginning of this description.
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