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Ordinance No. 76-02 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, _80_, INVOLVING LANDS OF Southern Pacific Railway Co., U. S. Bantrust and nrhers. WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND DECLARING AN EMF,RGENCY WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the i}octlanti Mt:LLVF�jlltan Arcm. by its final order dated December 10. 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, j NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the final order of the Boundary Commission adopted on the 10th day of December,' 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 force 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 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 State (b) Department of Revenue and Taxation, Washington County (e) Department of Records and Elections, Washington County (d) Department of Public Works, 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. __Z6-,2_ r . r PASSED; By unanimous vote of all Council members -present, after. being read thrE times by number and title only, this day of 6 h ii! F. 192-4-. Recorder - City o 'igard APPROVED: By the Mayor, this _42 _ day of ti' c�_* _ 19 . Mayor - City of Tigard c( t Page 2 - ORDINANCE tio. 76 - t i PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 527 S. W. Hall Street - Portland, Oregon 97201 - Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 867 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 867 commenced upon receipt by the Boundary Commission of a petition from property owners on October 14, 1975, requesting 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 ("ommission published and posted notice of the public hearing in accordance with ORS 199. 463 and conducted public hearings on the proposal on November 12 and December 10, 1975. 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. FINDINGS On the basis of the public hearings and the study the Boundary Com mission found that: 1. The original territory to be annexed is contiguous to the City and contains 97 . 04 acres , 64 single family dwelling units, 6 commercial structures and 5 industrial structures , an estimated population of 140 persons and has an assessed value of $2,832,800. 2. The petitioners desire to annex to the City of Tigard in order to secure city services which will facilitate the development of i the property. 3. About half of the territory is now vacant . The other half has a variety of activities, including single family homes (including a 55 unit mobile home park) , several commercial operations and several industrial operations. 4. The area is currently zoned MA-1 (Industrial) and B-4 (Commercial) by Washington County. S. The area is designated for Industrial/Commercial use by both the 'Tigard Community Plan and the Washington County Comprehensive Plan. 6. The territory to be annexed is presently within both the Tigard Water District and the Metzger Water District and also has a 12- inch main from the Lake Grove Water District which runs through the arca. Page I FINAL ORDER ��a 7, This area is within the Unified Sewerage Agency. The City would act as the administrator of the L. I .D. which would he formed to 1,)rovic10 s:111it.1r1' sewer service. 8 . Sewer service could be provided from the l:anno Creek lntercr.0 01' which pisses just to the west of the territory on its way to the Durham Treatment Plant. 9. The area would continue to receive fire protection from Tualatin RFPD as the City of Tigard is in that district. . 10 . Several property owner petitions requesting annexation of adjacent properties were towed with the Commission. The Commission con- tinued the hearing and notified several other property owners of a possible modification to include their property. The modification area included 105.8 acres, a gravel pit, several industrial tures , a service station, two single family dwellings, 300. population of 6 persons and an assessed valuation of $2 ,242 , The additional petitions addedto the original defined inpetitions ORS retained the status of a "triple maj Y ae 170) for the proposed annexation. REASONS FOR DECISION On the basis of the findings the Commission determined that : i. Annexation is necessary in order to secure sanitary sewer service which will facilitate the future development of the territory. 2. Sanitary sewer service can be provided by the Fanno Creek Inter- ceptor which lies just to the west of the subject area. 3. The territory is zoned for designated bytheWash- ington Washington County an as "Industrial" County Comprehensive Plan. 4. City planning staff has indicated that current zoning would be maintained inasmuch as the territory is designated Industrial and Commercial by the Tigard Community Plan. S. inclusion of the adjacent property will provide for the. elimina- tion of an unincorporated "island" area between the cities of nurham, Tualatin and Tigard and will provide a mechanism for the r.rderly extension of services , particularly sanitary sev?erage t;ollection service, planning and zoning, and police protection to existing and future development. _ ORDER On the basis of the findings and reasons listed above the Boundary Commission approved BOUNDARY CHP.NGE PROPOSAL NO. 867 as modified on December 10, 1975. page `2 - FINAL ORDER - F 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. . 1 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION P DATE: December 10, 1975 By: `y o:t rc. Anthony N. Federici ; Cha i rmn Attest. i i , C i i a c f Page 3 FINAL ORDER APPENDIX "A" f Annexation Proposal No. 867 City of Tigard Beginning at a point being the intersection of the northerly extension of the east line of a tvact of land conveyed to Kay F . McGarr and re- corded in Book 532, i),%re 3(, Decd accords of Washington County and the ce)aterllne of SW Bonita Ro;id; thence easterly alone; the centerli.rl.-! of Si'. Bonita Road to its intersection with the ca:;terly right-o f-•ray line of the Southern Pacific Railroad; thence southerly along that ri;;ht-of- way line to a point , that point being the southwest corner of a lot des- cribed as : , ,,. F -104- i "the north 94 feet O. the soUU-1 � rann_- r nnk Tracts, Washington County, Oregon"; thence easterly along the south Line of said lot to the southeast corner of said lot ; thence northerly along the cast line of raid lot to t:he northeast corner of said lot; thence easterly, crossing SW 72nd Avenue (County ]load , 126) to a point opposite the northeast corner of said lot on the easterly rightof-way line of SW 72nd Avenue (Co . Rd. 126) ; thence southerly along said rij�ht- of-way line to its intersection with a line drawn 1.32 feet south of and parallel to the south line of lots 1 , 6 and 7 of Bonita Gardens , a sub- division of record i.n idashington County, Oregon; thence easterly along said line and its easterly exten:� ion to a point of .intersection with the Willamette Meridian, being also the centerline of R. If. Baldock Freeway, thence south along said Willamette Meridian to its point of divergence from the centerline of :,aid Freeway; thence continuing southerly along the centerline of said Freeway to its point of Anter- section with the south line of Rosewood Acre Tracts , a subdivision of record in WashinUton County; thence westerly along that line and its easterly extension to the southeast corner of Lot 1.9 , Council View Acres 111, al.:;o a subdivision of record .in t:rashint,ton County; thence north 277 feet along the east line of said Lot- 19 to the northeast corner thereof; thence Fast 293. 33 feet to the northeast corner of Lot 17, :in s.iid subdivision, thence North 317 feet to the northeast corn(---r of Lot 4 , in said subdivision 111; thence west 191 . 1 feet to the southwest corner of Lot 41, in said subdivision; thence North 383 feet to the s^i.ztheast corner of Lot 23, in said subdivision; thence West 50 feet *_^ an iron pine; thence North 100 feet to an iron pipe; thence Fast 120 feet to an .-iron pipe; thence North 243 feet to an iron pipe; on the numb line of lot 211 in said subdivision; thence West 204 . 3 feet to the northwest corner of lot 2.1 in said Council View Ac]"?S ; thence continuing westerly 60. 5 feet to the westerly boundary of Upper Boones Ferry Road; thence north easterly along the westerly boundary of Upper Pic>»es Ferry Road to its intersection with the southerly line of SW Durham. Road, thence westerly along the southerly line of SW Durh<mn Road Lu .its -intersection with the southerly extension of the centerline of S . W. 74th Ave. (County Rd. 1042) ; thence northerly along said centerline of SW 74th Ave. to its point of intersection with the eastorly (,)zi,;'nsion of the South line of lot 1.9, Fanno Creek Acre Tracts , a sul)divis ion of record in Clash i.n,;t;un County ; tl,r.nce :-r. :>t�:r-ly X03.51 feet to the scxatlr:;cst corner of said lot 19 ; thence northerly .along, the west line of said lot 19 and the northerly extension thereof, to the southwest corner of that tract of land conveyed to Kay F. McGarr and recorded in Book 532, nate 2.37, Deed Records of Washington County; thence Easterly along the South line of said tract to the :;outhcast corner thereof; tY,cnee northerly along the Fast line of s,-.id tract and the northerly extension thereof, to the point of beginning. PROPOSAL N0o6 CITY OF TIG ARD 1 •p ,.A� a I M :ti .': :t c i a :::�•.Ff(t({r^.^ '�� NCRl11NGt Ow--�•c--. ' l'••'••:. f� •f: .I s O �9 aa I'1 U —J - A TO BE ANNEX :`. • �I b r i 1 J� ;•r"y l• g r.. rt°'•per ,' _i ,........... ;tr.•. v .140 ii!;• A '.. Li ' ~ 7"'' // CITY Or' LAKE OSWEGO' f[ ...........................'T;j.^ , ' s f J 1� +r J �i DURHAM # \� CITY OF I ::;�:;::� t� ' . r ... fa ¢tu:�oSA No. 867 ARD r CITY OF' TIG CITY OF TUALATI.I ANI4FXATION