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Ordinance No. 77-101 O CITY OF TIGARD, OREGON ORDINANCE No. � /a) AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 1143 , INVOLVING LANDS OF KRUEGER ANNEXATION (135th NORTH OF WALNUT STREET) SECTION 33, TIS, R1W, W.M., 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 - October 19, 1977 approved the hereinafter described change in the boundaries of the City of Tigard, and a ropy of said final order has been filed with the City Recorder. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: That the final order of the Boundary Commission adopted on the 19th day of October, 1977 , a copy whereof is hereto attached and by this reference made apart 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 (c) 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. 77 - /a1 i J1'10. h e� PASSED: By tas vote of all Council members present, after being read th ee times by number and title only, this day Of C.nCA—Q � , 19 �. i 4 F i 1 Recon er - City of Tig 8 APPROVED: By the Mayor, this 9- day of � 2,L- �-ay Mayor - City of Tigard T PAGE 2 ORDINANCE No. 77 - /e1 i f 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. 1143 - Annexation of territory to the City of Tigard. Proceedings on Proposal No . 1143 commenced upon receipt by the Boundary Commission of a petition from property owners on September 16 , 1977 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 (4) 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 F and conducted a public hearing on the proposal on October 19, 1977. ' The Commission also caused a study to be made on-this proposal which considered economic, demographic and sociological trends and pro- jections and physical development of the land. FINDINGS On the basis of the public hearing and the study the Boundary Commission found that : 1 . The territory to be annexed is contiguous to the city and contains 19.05 acres , 2 single-family dwellings , 3 outbuildings, an estimated population of 5 and is evaluated at $168 ,200. 2 . The property owner requests annexation to obtain sewer collection service to facilitate development. 3. The territory is identified as Urban Intermediate in the Wash- ington County Framework Plan; Urban on the CRAG Framework element and Low Density Residential on the adopted city of Tigard Com- prehensive Plan. The current county zoning is SR-1,(.suburban residential) which allows signle-family dwellings at a variety of densities depending on availability of public services (the highest density is 20 ,000 sq. ft. lots if public water is avail- able and sewers or septic tanks permit that density.) . 4. Sewer service will be available through the proposed extension of the 30-inch U.S.A. North Bull tot. trunk. The territory is not with- in the Tigard water district. The district has an 8-inch water line about 1800-feet from the property at 135th and Walnut, as well as adequate storage capacity to serve the development as provided in the comprehensive plan. Fire protection would be provided by Tualatin RFPD #1; police, street maintenance, planning, " etc. , would be provided by the city upon annexation. S. The territory appears to be "urbanizable" land as described in LCDC Goal 14 because of its designation as "urban intermediate" land in the Wash. Co. Framework Plan This is one small parcel of many in the area south of Scholls Ferry Rd. dependent upon the same service facilities. The Boundary Commission in approving Page 1 FINAL ORDER a annexations 955 , 1022 , and Parcel II of 1109 appears to have made the decision the area should convert. to :immediate urban, and found the provision services to be adequate for full development of the area. REASONS FOR DECISION On the basis of the findings the Commission determined that : 1 . The territory is within an area identified by the city for urban expansion in its comprehensive plan. The county identifies the area for urban use at some future time. The request conforms with the regional plan. 2. Annexation and subsequent development of the land appears to be appropriate because of the availability of water and sewer service, previous annexations in the vicinity, and the proximity of the territory to urbanization in the greater Portland Metropolitan area (S. W. 135th is very close to Washington Square) . 3. Upon annexation and development Tigard will be able to provide a full range of urban services to the property. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO.1143 on October 19 , 1977: 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 COMMISSION DATE: October 19, 1977 By: aro yn assaway Chairman Attes Page 2 - FINAL, ORDER PYUpuSriiiC) . 1143 LEGAL DESCRIPTION The following 3escribed tract of land being s_tuated in Section 33, Township 1 South, Range 1 west, Willamette Meridian, Washington County, Oregon, being more particularly described as follo,:s: Beginning at the Southwest turner of Lot 7, of ash Valley Tract, a subdivisior, of record in said County; thence running North 9'48'Ea5L, along the South boundary line of Lot 7 and along an Easterly extension thereof, a distance of 1320 feet, more or le_s, to the centerline of 40 foot $ride Ash Aversue (Plat); thence ?forth 00'06' west, alo.r; said centerline of Ash Avenue (Plat), a distance of 660 feet to a point of intersectioa with an Easterly extension of the North boundary line of Lot 6 of said plat; then:, South 89°48' West, along said extension and boundary line of Lot 6, a distance of 1320 feet, more or less, to the Northwest corner of Lot 6; thence South 00°9' East, along the west boundary line($) of Lot 6 and Lot 7, a distance of 660 feet, more or less, to the true point of beginning of this description. Containing 19.05 aeras, less public roadway. Page 3 - FINAL ORDER, z !=e IS 1 330 WASIANOTON COUNTY OREGON SCALE I'-20d Sit I.AP 133A r-- 300 "n _ ((// a wu f_i ' 1. CITY OF TIGARD `?401 7 i i • AREA TO BE P ANNEXED if I= .SCALE ! PROPOSAL NO• 1143 -�-=� 0 7.• ,,�� CITY OF TIGARD EE' ANTNEXATIO N 0 FIG. 2xlLs►f971e