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Ordinance No. 77-46 CITY OF TIGARD, OREGON ORDINANCE No. 77 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION ORDER No. 1066 , INVOLVING LANDS OF I SPIEGEL ANNEXATION (S.W. NORTH DAKOTA) Sk. 34, TIS, RIW W. 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 May 4, 1977 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 the 4th day of May, 1977 , 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, i 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: y t (a) Secretary of State j (b) Department of Revenue and Taxation, Washington County E (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 ive upon its passaget is hereby declared to exist, and this ordinance shall be effective by the Council, and approval by the Mayor. ORDINANCE No. 77 wm t4 PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this 13 day of /l�hl0 , 19_Z. Recorder - City of Tigar APPROVED: By the Mayor, this day of 1 C1 kj[- 19 a7 I Mayor - City of Tigard PAGE 2 ORDINANCE No. 77 i PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 527 S. W. Hall Street - Portland, Oregon 97201 - Tel: 229-5307 f FINAL ORDER - - i r RE: BOUNDARY CHANGE PROPOSAL NO. 1066 - Annexation of territory to the City of Tigard. r Proceedings on -Proposal No. 1066 commenced upon receipt by the Boundary Commission of a petition from property owners on March 31, 1977 requesting that certain property be annexed to the city. The petition meets the requirements for initiatin 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 QRS 199.463 and conducted a public hearingon the y , proposal on May 4 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. s FINDINGS On the basis of the public hearing and the study the Boundary Commission found that:. r 1. The territory to be annexed is contiguous to the city and contains 4.11 acres, 2 single family dwellings, an estimated population of 6 persons and is evaluated at $32,600. 2. The property owners desire city services, particularly ng, to facilitate development. Thirteen single family residences are proposed for Tax Lot 400 and two for Tax Lot 402. 3. Both CRAG and Washington County identify the area as Urban. The Tigard Community Plan identifies the area as Urban Low Density ' Residential which allows 4 units per acre. County zoning is RU-4 which allows 4.6 units per acre. 4. The bulk of the area to be annexed is within the Tigard W.D. but the territory to be annexed is part of a larger area both inside and outside the Tigard W.D. which is currently served on an out-of- district basis by the Metzger W.D. The Metzger District has an 8-inch line bisecting the area to be annexed, but the Tigard District ; will not allow the Metzger District to serve inside Tigard W.D. boundaries. Resistance of the Metz-er out-of-district [ 7igtnmcarg p ' has been and continues to be the major obstacle to Tigard W.D. 's taking over the provision of water service to the entire North Dakota St. area. This resistance is based primarily on the custom ' desire to remain on Bull Run water. ers Page 1 - FINAL ORDER t 5. The U.S.A. has an 8-inch sewer line in North Dakota St. which can serve the southern part of the area to be annexed. The bulk of the territory will be served to the north by a city line which will be installed to serve the Black Bull development going in within the city. That line eventually goes north and east and connects to the Fanno Creek Interceptor. 6. The territory already receives fire protection from the Tua'atin RFPD and this will not change upon annexation. 7. Planning, subdivision and building code enforcement, park, library, and other city services will be available immediately .upon annexation. REASONS FOR DECISION On the basis of the findings the Commission determined that: 1. The property owners desire planning and other city services to facilitate development and the city is willing and able to provide the desired services. 2. The proposed development is in conformance with the City's Community Plan, the CRAG Regional Framework Plan, the Washington County Framework plan and current county zoning. 3. Water and fire protection can be provided by the Tigard Water District and the Tualatin RFPD respectively. r _ . ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1066 on May 4, 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:_ MAY 4, 1977 By: Carol assawa�3 Chairman (1 Attest: Page 2 FINAL ORDER i Appendix "A" Proposal No. 1066 City of Tigard Annexation A tract of land in Section 34, Township 1 South, Bane 1 West of the ltiitl<�uctte Mc-ridian, more particularly described as Beginning at an iron pin 273.9 feet North S9045' ',gest [rum tis& 4 Section corner on the East line of Section 34; thence North 89°45' West 411.05 feet; thence South 0°33' West 52.5.2 feet to a point on the North line of the John L. Hicklin D.L.C.; thence South 89°16' East along said D.L.C. 411.05 feet; thence Nortl, 0°33' East 531.7 feet to the point of beginning. Page 3 - FINAL ORDER f Froposal NoA.C", ' - is 1 34 D SEI/4 SECTION 34 TIS RIW W.M. WASHINGTON COUNTY OREGON S SCALE I'•200 Q� w SEE WP SEE 6 I 1-78 Kew w» ---y a� .a•o uw.u ^u. w••n uw.rw 4200 110110 00 i+oy I ra• . n01 00 '�Dl�:".�14 zOJ 100 G_,,o• -AR -EA 'r0 Bli ANNEX D "' '"` •';:; 3.9�o.t' I. 25GG a F-00 (1600 In0o eoo �S I a>v �;=a 3zzac jz3oo�z�Jo I,w;"5,�.{DAKATO ST. +SoOo .. •,•I,,00 ,.o.. to Ir" ,.u.. I,,.. . I ]zoo J.� .�• 1 a r Ia : i el :e;.l w.. •'77 �j9I'3 013800 u� 4cs•r Owl 900 •i CO ���'+'a 3701 SSJO I ' ,• •.. n•I .w.. u. i 3'�J f 23=78 j 3 S.W. TIGARD ST. At Of 5iK Ia.U' ✓/ �IIJJ a �s c - CITY OF TIGARD �; , ;;7 �' N f •� L: cn CC Cl) / d t iSri 1605,• { I i L� si. •�. e �.: . SFC z+" PROPOSAL NO. 1066 I CITY OF TIGARD ANNEXATION FIG. 2 44 i