Ordinance No. 78-05A CITY OF TIGARD, OREGON
ORDINANCE No. 7S ^ cam
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AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE
CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. Llw 62, INVOLVING LANDS OF
CRAWFORD ANNEXATION S.W. NAEVE STREET AND SW PACIFIC HIGHWAY, T2S, R1W, W.M.,
WASHING''ON COUNT TY, OREGON, RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY-
WHEREAS,
MERGENCY-WHEREAS, the Boundary Commission established pursuant to Chapter 494
Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order
dated December 13, 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. x
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
a
Section 1: That the final order of the Boundary Commission adopted on the
13th day of December, 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, "` z
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, inzluding 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. 78 - g:�
vote of all Council members
PASSED: By s�+e�s present, after being
read two-:- times by number and title only, this .27 day
of February , 19 78
Recorder - City of Ti g d
APPROVED: By the Mayor, this may-_ day of FPh , , 19 78
Mayor - City of Tigard
PAGE 2:
ORDINANCE No. 78
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k
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. 1162 - Annexation of territory
to the City of Tigardz.
Proceedings on Proposal No. 1162 commenced upon receipt by the
Boundary Commission of a petition from property owners on Nov-
ember 16, 1977 requesting that certain property be annexed to
the city. The petition meets the recairements 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
and conducted a public hearing on the proposal on December 13, 1977.
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 hearing and the study the Boundary Com-
mission found that:
1. The original territory to be annexed is contiguous to the city
and contains 82.09 acres, 11 single family residences, 1 dup-
lex, 2 nurseries, 1 produce stand, a variety of outbuildings,
an estimated population of 30, and is evaluated at $671,700.
2. 66.7% of the property owners in the territory, signing for 55.4
of the acreage representing 73% of the assessed value, have pet-
itioned the city for annexation. The city has endorsed the
annexation by adoption of the necessary "triple majority" res-
olution. The petitioners desire to receive city services to
facilitate future development. There are no specific develop-
ments plans pending.
3. The territory is designated Urban on the CRAG and Washington
Co. Framework plans. County zoning is RU-4. The Tigard Com-
prehensive Plan designates the northerly portion adjacent to
Hwy. 99 Residential-Commercial and the remaining Low Density
Residential
4. The territory is with the Tigard Water District and water is
available from a 12' main running along the east side of Pacific .
Hwy.
S. Sewage can be provided upon annexation via 8" lines in SW Mur-
dock to 109th and 8" line in Summerfield development southwest
of the proposal. Extension costs would be the responsibility
of the developer.
6. Fire protection is provided by Tualatin RFPD #1. The city is
part of the district and annexation would not adversely affect
Page l FINAL ORDER
this service.
7. The city would provide police protection, street and road main-
tenance, parks, etc. upon annexation of the territory.
g; The LCDC goals have been considered and the annexation is con-
sistent with them.
9. Annexation of the entire territory would create an "island" of
a substantial area primarily developed with single family resi-
dences. Substantial opposition to this proposal which would
create the "island" was expressed by residents of the potential
"island" area both in writing and at the public hearing.
REASON FOR DECISION
On the basis of the findings the Commission determined that:
1. The proposal should be modified to exclude several tax lots
most of whose owners oppose being annexed to the city. Specif-
ically, parcels to be excluded are tax lots 500, 600, 700, 1200,
4400, 4401 and 4600 plus that portion of SW Pacific Hwy. ad-
jacent to tax lots 4600 and 700. The modification would allow
the bulk of those property owners who petitioned for annexation
to be annexed and proceed with the city to prepare plans for
use of their property. Since there are no concrete, immediate
plans for development of the excluded tax Lots there appears
to be no pressing need to annex them at this t1me and create
the "island."
2. The City of Tigard is the logical agency to provide municipal
services to the territory including sewer collection, street
lights, police, planning and zoning, etc.
ORDER
On the basis of the findings and reasons listed above, the Boundary .
Commission approved BOUNDARY CHANGE PROPOSAL NO. 1162 as modified
on December 13, 1977.
NOW THEREFORE IT IS ORDERED THAT the territory described in Appen-
dix "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: December 13, 1977 By:
arolyn ss way
Chairman
Attest:
Page 2 - FINAL ORDER
' APPENDIX
Proposal No. 1162
ATiexation The following described tract of land being situated in Section
'CITY OF TIGM 1o, Township 2, South, Range 1, '.test, Willamette Meridian, Washington
County, Oregon, being more particularly described as follows;
Beginning at the quarter corner on the South line of Section 10,
being in the centerline of 40 foot wide S.W. Durham Road (Washington
County Road 4429); thence North 89055' West, along said sectionline,
a distance of 315.78 feet to a point of intersection with the Easterly
right-of-way line of S.W. Pacific Highway (Pacific Hwy. e
Primary Hwy. No. i gest) said point being the true point of beginning
of this description; thence running North 200301 East, along said
Easterly right-of-way line, a distance of 669 feet, more or lass, to a
Point of intersection with the Ncrth line of that tract of land conveyed
to Tualatin Development Company described In deed book 1065, nage 9a4,
Deed Records of said County; thence North 89051' East, along said
development company tract's North line, a distance of 910 feet, more
or less, to a point of intersection with the West line of Lot 15 of the
duly recorded Plat of Willow Brook Farm; thence North 0008' East, along
the 'seat line of Lot 15, a distance of 246.9 feet to the Northwest
corner of said Lot 15; thence North 0003' Went, aloe the West line of
Lot 12 of said plat, a distance of 914.76 feet (plat) to the Northwest
corner of said Lot 12; said Northwest corner of Lot 12 being in the
centerline of 40 foot wide S.W. Naeve Street (Washington County Road
0900); thence South 63010' East, along as id centerline of S.W. Naeve
Street, a distance of 457.71 feet to the Northeast corner of said Lot
12; thence South 0073' East, along the East line of said Lot 12, a
distance of 311.89 feet to the Southwest coiner of that tract of land
conveyed to Charles Peck Jr. and Betty Vern Peck described in deed book
279, page 221, Deed Records, of said County; thence Easterly, along the
South line of said Peck tract, g distance of 203 feet to the Southeast
corner thereof; thence North 0 03' West, along the East line of said
Peck tract, a distance of 208 feat to the Northeast corner thereof; said
corner tSing a point in the centerline of S.W. Naeve Street= thence
South 63 10' East, along said centerline, a distance of 229.71 feet'to
a point of intersection with the centerline of 40 foot wide S.W. 109th
Avarua (Washington County Road #1415); thence North 0003' West, along
centarline of S.W. 109th Avenue, a distance of 1210 feet, more or less,
et the
by deednt corner of a recorded in book 647,ct ipag d162,, De d Records of ed to John D. said d,
973 County; theme more or les, tc the the
cWent ornersofdAnnand that tract of,landicoonpn--ce of
973 ft.,
more
to John.D. Armand, at al, recorded by deed es� along the North
Deed Records of said County; thence South 89036' ' g thereof,
a disline otance ofa850said Annandfeet, more oror leas,ct andto apalopoint o£intersection with the
Westerly right-of-way line of said Pacific Highway; thence Sauthwesterly,
along said right-of-way line of said Pacific Highway I c i `
ssingS.W. of
Bend Road (Washington County Road #148), a distance Of „830 ®t,
wre
or teas, to a point of intersection with the South boundary line of
a of
Sectien
heme
ng
id
stam
more or less,, to theAstrueapoiinntsof beeinnoinglofgthisidescription.
5 feet,
EYCEPTINO therefrom, that portion of land described as follows.
Beginning at the point of intersection of the centeriine of 40 feat
wide Sw Naeve Street (Washington County Road.No. 900) and the
Westerly right-of-way boundary line of SW Pacific 1119hWay (Pacific
Highway west, State Primary Hwy. No. 1 West); running thence
Southeasterly, along the centerline of said Naeve Street, a distance
of 1120 feet, more or less, to the Northeast.corner of lot 12 of the
duly recorded Plat of Willow Brook Farm; thence South 0" 03' East,
along the East line of said Lot 12, a distance of 311.81 feet to the
Southwest corner of that tract of land conveyed to Charles Peck Jr.
and BeVernttydescribed
bpi2 , Deed
Records
of said County; thence Easterly, alongthe Southlneofsaid Peck
tract, a distance of 203 feet to the Southeast cornerthereof; thence
North 0. 03' West, along the East line of said Peck tract, a distance
of 208 feet to the Northeast corner thereof; said corner being a
Dint in the centerline of SW Native Street; thence South 630 10'
ncdticenaclfoowide
along said .71 eSW 109thet to a point
of Itersetionwith the terlineof40
Avenue (Washington County Road #1415); thence North 0° 03' West, along
centerline of SW 109th Avenue, a distance of 1560 feet, more or less,
to the Southeast corner of that tract of land conveyed to Florian
and Anna Schuetz described as Parcel "1" in deed book 1159, page 721
and 722, Deed Records of said County; thence Went, along the South line
of said Schuetz tract, a distance of 770 feet, more or less, to the
Northeast corner of that tract of land coon11yed�to RRecordaand
Nieta
Blondeau described in deed book 656, pag
said
County; thence South, along the East line of said Blondeau tract and
along the East line of that tract conveyed to Jorn L. and Sharon
M. Peterson described in deed book 1128, page 237, Deed Records of
said County, a distance of 248 feet to the Sosthesat corner of said
Paterson tract; thence west, along the South line of said Peterson
tract and along a Westerly extension thereof, a distance of 612 feet,
more or less, to a point of intersection with the westerly right-of-w"
boundary line of SW Pacific Highwey (Pacific Highway West, State
Primary Highway No. 1 Went); thence Southwesterly, along sold
right-of-way line of Pacific Hi$h"T, crossing SW-Beef Bend Road
(Washington County Road No. 1481ofatdistd ce of 70000 feet' more or .
lope, to:the point of beginning
Page 3 FINAL ORDER
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