Ordinance No. 78-61 CITY
uOFT IG
: 1 L 1VelRL, OREGON
ORDINANCE No.
AN ORDINANCE i�yT�r i_+C, CO 111_-1
�.n ��^r {t1Ti�i: CHANCE IN' THE BOUNDARIES OF THE
® CITY OF TIGARD BY THE BOUNDARY C'n,`!NISSIUN, ORDER No. 12813 INVOLVING LANDS OF
,
MC DONALD A?!NEXALION, SECTION 2 & 11, T2S, R1W, W.M.,
WASHING'T'ON 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 1978 approved the hereinafter described change in
the boundaries a the Citv 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
26th day of July 1978 , a copy whereof is hereto
attached and by this reference made a part hereof., be, and the same is, hereby
rarified, 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 w' thin aider 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 tonin; 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. _7 L7.
PASSED: By cam` vote of all Council members present, after being
read o —times by number and title only, this -fk day
19'��
XK
Recorder - City of Tigard
APPROVED: By the Mayor, this -97-h day of � *ybQ, , 19
Mayor - City of Tigard
PAG E 2
ORDINANCE No.
�1
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
320 S. W. Stark - (#530) - Portland, Ore. 97204 - Tel: 229-5307
FINAL ORDER
RE: BMINL,ARY Glia;"w r"ROPOSAL 1Z. 1280 - Annexation of tea i itory to the
City of Tigard
Proceedings on Proposal No. 1280 commenced upon receipt by the Buundai=y
® Caw— ssion of a petition from property owners on June 23, 1978 requesting
that certain property be annexed to the city. The petition meets the require-
ments 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 July 26, 1978. 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 anTthe study the Boundary Commission found
that:
1. The original territory to be annexed is contiguous to the city and contains
27.47 acres, 30 single family residences, an estimated population of 120,
and is evaluated at $1,120,500.
2. The property owners desire annexation to receive city sewer service. The
city has a policy not to extend sewers without annexation.
3. The territory to be annexed is largely developed. Current county zoning is
RU-4. The Tigard Comprehensive Plan designated the area Urban Low Density.
4. The territory is designated Urban on the CRAG and Washington County
Framework Plans, and is within the Interim Immediate Growth Boundary.
5. lne LCDC goals have been considered and the annexation is cvonsistent with
them.
6. The area is within the Tigard Water District which currently serves the
area. The district has several lines adequate for the area. Annexation
will not affect the district.
7. Sewer facilities are not yet in the territory but are available. A L.I.D.
will be initiated and the method of providing service will be determined
in the design phase of the L.I.D. Sewage treatment will be at the new
Durham plant.
8. Fire protection is provided by Tualatin RFPD #1. The city is part of the
district and annexation would not adversely affect this service.
9. The city would provide police protection, street maintenance, parks,
planning etc. upon annexation.
10. 'two unincorporated islands are created by the proposal as submtited.
Page 1 - FINAL ORDER
t
1
11. Property owners of two parcels (Tax Lots 3200 and 3300, 2S1 11 AB) submitted
affidavits that they were misled into signing the annexation petition, thinking
they signed for sewer service, and request removal from the proposal. Modi-
fication to remove two additional parcels (Tax Lots 2600 and 2700, 2S 1 11 AB)
would avoid creation of one of the islands--yet not injure the rest of the
proposal to annex and obtain sewer service.
1
I� REASONS FOR DECISION `
i On the basis of the findings the Commission determined that:
1. The petitioners desire sewer service from the city to relieve failing septic SEE
tanks. No development is proposed.
2, rhe annexation is consistent with regional, county and city plans for the
area and is consistent with LCDC Goals.
3. Annexation will make available a full mange of urban services to the area
which is a part of the Tigard community. E
ORDER
On the basis of the findings and reasons listed above, the Boundary Commission
approved BOUNDARY CHANGE PROPOSAL NO. 1280 as modified on July 26, 1978.
NOW T?MREFORRE 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 GOVERNIvEENT
BOUNDARY COMMISSION ,
Date: July 26, 1978 By: Q�t,ci1
Marie Williams
Vice-Chairman
Ft
APPENDIX "A'
Proposal No. 1280
Annexation
CITY OF TIGARD
Beginning at the point of intersection of the cer,terli.ne of 40 foot
side S.'J. Frewing Street (County Road No. 713) with the centerline
of 40 foot wide S.W. Ash Avenue; running thence Southwesterly, along
the centerline of said S.W. Ash Avenue, a distance of 791.3 feet,,
more or less, to a point of intersection with the centerline of 40
foot wi-Je S.W. Garrett Street (County Road No. 1067); thence North-
westerly, along the centerline of said S,W. Garrett Street, a distance
of 135 feet, more or lass, to a point; thence South .65029138" West, '
a distance of 158 feet, more or less; thence South'21013'2114 East,
102.83 feet; thence South 15040119" East, a distance of 102.83 feet
Page 2 FINAL ORDER
r
#1280
to a point on the Northerly right-of-way boundary line of 45 foot wide
^- uth 10"110711511 E—t. 26. 35 feet to a point f
S.W. Ash Aven��e; thence Juu��� JY V� � -,
on the centerline' of (old) 40 foot wide S.W. Ash Avenue (County Road (_
i No. 1067); thencd South 74°36' =Mast, along said centerline of S.W. Ash
i Avenue, a distance of 337.8 feet tc a point; thence South 03018'
West, u distance of 431.77 feet; thence North 89032' East a distance
of 195 fast, miora or less. thence North 12028' West, a distance of 6
feet, more or less; thence North 89032' East, a distance of 47.74
feet; thence South 210061 - East,. a distance of 266.12. feet to a point on
the centerline of (old) 40 foot wide S.W. McDonald Street (County Road
No. 430); thence 'West, along the centerline of S.W. McOenald Street, a
distance of 156.26 feat to a point-; thence South 00058130" 'fest, a
distance of 415 feet, more or less;thence East, .a distance of 155
feet, more 'or less;- thence South, a distance of 278.78 feet; thence
South 89053' EQst, a distance of 258 feet; more pr less; thence North
a distance of 382.84 feet; thence East, a distance of 356.36 feet
to a point on the centerline of 50 foot wide S.W. 97th Avenue (County
Road No. 1982); thence South, along the centerline of S.W. 97th Avenu®,
a distance of 90 feet, more or less, on said centerline of S.W. 97th
Avenue; thence South 89054' East, a distance of 525 feet, more or
less; thence North, a distance of 400 feet to a point on the centerline
of 40 foot wide S.W. McDonald Street (County Road No. 430); thence West,
along the
centerline of S.W. McDonald Street, a distance of 1232 feet, more or
less, to a point on the centerline .of S.W. McDonald Street; thence
North 00012" East, a distance of 95.56 feet to the Northeast corner of
Lot 9, Twality Hill; thence North 46057' West, along the Northeast
boundary line of Lot 9 and along a Northwesterly extension thereof
a distance of 150.0 feet to a point on the centerline of 45 foot
wide S.W. O'Mara Street (County Road No. 567) ; thence North 4304915311
East, along the centerline of S.W. O'Mara Street, a distance of 75
feet, more or less, to a point on the centerline of S.W. O'Mara
Street; thence North 29019•126" West, a distance of 229. 53 feet; thence
North 420581 East, a distance of 438.05 feet; thence South 350241
_
East, a distance or" 203. 91 fact; thence North 42058' East, a distance
of 82.00 feet; thence North 32041' West, a distance of 206.22 feet;
thence North 42058' East, a distance of 92 feet; thence North 30011'
West, a distance of 200 feet, more or less; thence North 38025' West,
a distance of 118 feet, more or less; thence South 30011' East, a
distance of 6.89 feet; thence North 59056' East, z: distance of 214.40 r
feet to a - point on the centerline of 40 foot wide S.W. Frewing Street
(County Road No. 713) ; thence North 30004' West, along the centerline
of S.W. Frewing Street, a distance of 250 feet, more or less, to the
true point of beginning. Washington County, Ore,
Page 3 FINAL ORDER
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