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Ordinance No. 81-101 r CITY OF TIGARD, OREGON ORDINANCE No. 81-/01 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1760_, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFOP24 WITH THE NPO # 3 PLAN AS ADOPTED E _ t AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION ANNEXATION SHORT TITLE: Coles Acres 1 TAX MAP 2S1 10A , TAX LOT 2608,2603, 260 2.601-220,2502,3200230 - � 321,33(1.1 1, , r _3300,3400,2500,2402,3302,2900,2300,2401,2302 , FILE NUMBER ZCA 30--51 , PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU4 , ZONE CHANGED TO CITY OF TIGARD R-7 i s WHEREAS the Boundary Commission, established pursuant to Chapter 494 ` t Oregon Laws of 1969, for the Metropolitan Area by its Final Order No. 1760 , dated October 9, 1981 approved the hereinafter described change in t the boundaries of the City of Tigard, and a copy of said Final Order has been filed with the City Recorder; and j f WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised r Statutes, has adopted a Comprehensive Plan which includes the lands within this Annexation. F NOW, THEREFORE, i' THE CITY OF TIGARD ORDAINS AS FOLLOWS: F' SECTION 1: That the Final Order of the Boundary Commission adopted on the lst day of October , 1981 a copy w1h3reof 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. 6 SECTION 2: That the boundaries of the City of Tigard be, and they are hereby i changed to include the lands as described in the within Order of F 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 Ordinance No. 81- x: SECTION 4: Finding that the lands hereinafter described are now zoned as Washington County RU4 and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 3 Plan for said lands on December 15, 1975__ and that ORS 197.175 requires cities to enact Zoning Ordinances to implement their Comprehensive Plans, and further finding that pursuant to procedures, the abovestated Zoning Map Amendment was presented at a public hearing held by the Tigard City Council on November 9, 1981 and all interested persons were afforded an opportunity to be heard at this public hearing. The Council adopts the following substantive findings: (a) That this Zone Map Amendment is in conformance with the NPO # 3 Plan SECTION 5: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an Amendment to the Zone Map of the City of Tigard,is hereby approved subject to the provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A" and "B" attached and made a part of this Ordinance, the zoning designation of the subject property is hereby changed to R-7 Single Family Residential Exhibit "A": Legal Description - Exhibit "B": Tax Map i SECTION 6; 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 and Zone Map Amendment 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. 4; PASSED: By 4 Av vote of all Council members present, after being read two times by number and title only, this lel day o£ �ne-o���,o✓ 19 b9 J. Recorder - City of APPROVED: By the Mayor, this ,day of r/2a,-e w b e r-- Mayor - City of Tigard i ORDINANCE NO. 81- lard ZCA Page 2 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (:#530) - Portland, Ore. 97204 - Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1760 - Annexation of territory to the City of Tigard, Proceedings on Proposal No. 1760 commenced upon receipt by the Boundary Commission of a resolution from the City of Tigard on a July 30, 1981 requesting that certain property be annexed to the city. The resolution meets the requirements for initiating a proposal set forth in ORS 222 .750 and Section (5) 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 public hearings on the Proposal on Septem- ber 24 and October 1 , 1981 . 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. a M FINDINGS p (See Findings in Exhibit "A" attached hereto) . ' i, REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto) . ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1760 on October 1 , 1981 . , NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval . PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date 'i 4`./ By X �-'James L. (Jamie) Mater Chairman n, Attest'' �. Page 1 - FINAL ORDER EXHIBIT "A" Proposal No. 1760 FINDINGS Ov, the basis of the public hearing and the study the Boundary Commission found that: 1. The territory contains 8.37 acres, 19 single family residences, an estimated population of 38, and is evaluated at $796,400. 2. The city desires the annexation to eliminate an island in the city as part of a program to rationalize the city boundary. 3. This proposal is compatible with regional, county and city planninj. LCDC Goals do not apply. 4. Sewer service is available from sewer lines located in 112th and 114th. Owners along 112th Street have signed annexation non-remonstrance agreements. REASONS FOR DECISION On the basis of the Findings the Commission determined that: 1. The action is consistent with city, county, and regional planning requirements. 2 The action would eliminate jurisdictional confusion and be more equitable for the city in terms of property paying for services received by the property. f E A 1 Page 2 - FINAL ORDER g ■ EXHIBIT "B" Proposal No. 1760 Annexation ` City of Tigard ` LEGAL DESCRIPTION That portion of land in Section 10, Township 2 South, Mange 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northeast corner of Lot 4 of COLE'S ACRES, a subdivision of record in said County; running thence West, a distance of 117 feet; thence South, a distance of 130.5 feet; thence West, a distance of 36.93 feet; thence South, a distance of 261.0 feet to a point on the South boundary line of Lot 6, COLE'S ACRES; thence West, along the South boundary line of said Lot 6 and a Westerly extension thereof and the South boundary line of Lot 15, COLE'S ACRES, a distance of 505.0 feet, to the southwest corner said Lot 15; thence South, along the West boundary line of COLE'S ACRES; a distance of 522.06 feet to the Southwest corner of COLE'S ACRES; thence East, along the South boundary line of COLE'S ACRES, a distance of 490.0 feet to a point; thence North 132.07 feet to a point; thence East 170.0 feet to a point on the East boundary line of COLE'S ACRES: thence North, along the East boundary line of COLE'S ACRES, a distance of 753.0 feet to the point of beginning of this description. n 5 Page 3 FINAL ORDER Proposal No. 1740 iyF k/4 sec. 10 T-L'S R IU-) -"SST-RE T "•i."lt.�'— t52.37a 76.4248 2780 ., 1504 1500 F"20 „°, t9 o Z t o 3 I � � 1503 to . X2901 2791 d 7—Y 1t` 10 42,1Ac. a r/�a�f� y r72.9' 133.3' 131.42 c 1j��` 0 qy'! 270 i ,:03.92 — — 1 •r' a �rAc' 18 3 IN! AL POINT 1 aoo ` {NIT seaozs'>w oz 99.60 2700 305' 2&Q 303 2606AS ga 9I.9s. 17 "' ° r"o4. ;�260 ; 4.52 � `, 4,aas�. 1 aos r" ay.eej: / N 260230 3 2606 1 !Z 0 SEE MAP o_� p w t6 z � o d .00nc. a3Ae. �• � i 074 2S 1 108 � a 30 O .r i° 2601 �. N �o`qo 1 CITY OF TIGARD a3Ae ' - 0 ' Ie 2502 ffi v �,` 9z_6' 3101. 3100 250 ajete. - e a ii SJ At 5a84e• c o ,46Ar. 25p� CITY OF TIGARD !N oo o , � 0 j 32CQ "I 3238 0t _ n — 2401 3 240paos- ` .list. m4 ABC 4S.De. 3Aa �am � 4 J �330t soe —_ 23001 a AREA TO Bh-7,ff t ANNEXED 0,11c, Rsf03� 4 4 �®305 304.+IBr 4 - c.alae. 12 '° "2302 �a 4 �4 A ick =ag r ; -- 3400g 220 . F 40 491jr. 40A is W NINA (L T $�'�3- a8'_ - �� .132 ��i.�� f,�;v��•r., 2_0&,�o>L 1 1 3501 500 SE MA P i 4E30Q a�z.. i a � •. � a a.ao fa wO'•, SQ<S ro �' N 25 ( � 4 n ro 4".98 f{^ v r 5187' so 6 .lt o J-- • a•/ t a +, 4100FOQ (441.54 1 g .5 . -RO X5 6809 t 391' a.S9dc 2.. t8°t7 �` A•p .►� 6,^10.6 3801 PROPOSAL NO. 1760 o ...•..- 41 69436`W T6, 8 944` 3790 CITY OF TIGARD ANNEXATION of t FIGURE 2 -8j Ae 3800 , ,p d 4200 op s.go 4e ics-uCa2 X91 EXHIBIT "A" That portion of land in Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northeast corner of Lot 4 of COLE'S ACRES, a subdivision of record in said County; running thence West, a distance of 117 feet; thence South, a distance of 130.5 feet; thence West, a distance of 36.93 feet; thence South, a distance of 261.0 feet to a point on the South boundary line of Lot 6, COLE'S ACRES; thence West, along the South boundary line of said Lot 6 and a Westerly extension thereof and the South boundary line of Lot 15, COLE'S ACRES, a distance of 505.0 feet, to the southwest corner said Lot 15; thence South, along the West boundary line of COLE'S ACRES, a distance of 522.06 feet to the Southwest corner of COLE'S ACRES; thence East, along the South boundary line of COLE'S ACRES, a distance of 490.0 feet to a point; thence North 132.07 feet to a point; thence East 170.0 feet to a point on the East boundary line of COLE'S ACRES: thence North, along the East boundary line of COLE'S ACRES, a distance of 783.0 feet to the point of beginning of this description. CONTAINING 8.08 ACRES, MORE OR LESS (not including dedicated public right-of- way), I certify that the above description of property has been checked by me and it is a true and exact description of the property under consideration and the description corresponds to the attached map indicating the property Linder consideration. Title /14f Ce� f'^13 Department 6ll c County of Washington Date . . .` ""e. F F. 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