Ordinance No. 81-102 CITY OF TIGARD, OREGON
ORDINANCE No.
r
AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER
NO. _j_2fil_, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970
ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #5_ PLAN AS ADOPTED i
AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE.
PLANNING DEPARTMENT INFORMATION
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ANNEXATION SHORT TITLE:
TAX MAP 281 . TAX LOT 4000 , ADDRESS 14575 SW 79th }
FILE NUMBER ZCA 31-81
PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU4 , ZONE CHANGED TO
CITY OF TIGARD R-7
WHEREAS, the Boundary Commission, established pursuant to Chapter 494
Oregon Laws of 1969, for the Metropolitan Area by its Final Order No. 1761
dated October 1 1981 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; and
WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised
Statutes, has adopted a Comprehensive Plan which includes the lands within
this Annexation.
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: That the Final Order of the Boundary Commission adopted on the 1st
day of October, 1981 , 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.
SECTION 3: That the Racorder 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) Sec-atary 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: 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 #y5 plan for said lands on
August 8, 1977 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 91 1981 i
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 # 5 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 zoninq ..,..
designation of the subject property is hereby changed to R-7 _—
Single Family Residential - - --
Exhibit "A": Legal Description - Exhibit "B": Tax Map
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.
PASSED: By kn s vote of all Council members present, after
-11
being read two times by number and title only, this
of /Vday
.lUvevy Yla/ 19 /.
v-
Recorder - Ci y ofT d
APPROVED: By the Mayor, this g day of lilaaei,U 19 'Y _
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Mayor - City of Tigard -
I.
ORDINANCE NO. 81-/Ori €
ZCA
Page 2
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
320 S. W. Stark (#530) - Portlnad , Ore. 97204 - Tel : 229,5307
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FINAL ORDER
RE BOUNDARY CHANGE PROPOSAL NO. 1761 - Annexation of territory
to the City of Tigard
Proceedings on Proposal No. 1761 commenced upon receipt by the
Boundary Commission of a resolution and property owner consents
from the City of Tigard on July 30, 1981 requesting that certain
property be annexed to the city. The resolution and property
owner consents meet the requirements for initiating a proposal
set forth in ORS 199 .490, particularly Section (2) .
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.
FINDINGS
(See Findings in Exhibit "A" attached-,.hereto) .
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. 1761 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 COiIi II SS I ON
Date _�` � By:
y J'am
esL . (Jamie) Mater
----Chairman
Attest: i
Page 1 - FINAL ORDER
EXHIBIT "A"
Proposal Na. 1761
FINDINGS
Based on the study and the public hearing the Commission found that:
1. The territory contains 1.7 acres, is vacant, and is evaluated at
$29,100.
2. The petitioner desire:, sewer service to facilitate development of a
residential subdivision.
3. The territory is within the acknowledged regional Urban Growth Boundary.
4. The territory is identified as Urban on the Washington County Plan and
is zoned RU-4 in the county.
S. The city's plan, which includes an adopted neighborhood plan for this
area, identifies the territory as suitable for low density development
(7500 sq. ft. lots).
6. Sewer.is available from the city via an 8-inch main fronting the property
in Bonita Rd.
7. The'Tigard Water District serves the site via an 8-inch main located
in Bonita.
8. The proposal is in compliance with applicable LCDC Goals.
9. Fire protection is provided by Tualatin RFPD which also serves
the city.
10. Police, parks, library and other services are available immediately upon
annexation.
REASONS FOR DECISION
On the basis of the Findings the Commission determined that:
1. The property owner desires sewer service which only the city has avail-
able.
2. The proposal is in conformance with applicable city, county and regional
plans.
Page 2 FINAL ORDER
1'
EXHIBIT "B"
Proposal No. 1761
Annexation
City of Tigard
LEGAL DESCRIPTION
That portion of land in Section 12, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as
follows:
Beginning at a point in the South right-of-,way boundary line of 40
foot wide County Road No. 736 (S.W. Bonita Road), said point being
the Northwest corner of Lot 68 of DURHAM ACRES, a subdivision of
record in said County; running thence West, along the said boundary
line of County Road No. 736, a distance of 169.7 feet,.more or less,
to a point of intersection with a Northerly extension of the fast
boundary line of that tract o2 lard conveyed to Arther Berg, by deed,
recorded as instrument number 78-13487 in said County's records;
thence North, along said extension of the East line of the said Berg
tract, a distance of 20 feet to a point in the centerline of said
County goad No. 736; thence East, along the centerline of County Road
No. 736, a distance of 1032 feet, more or less, to a point of
intersection with a Northerly extension of the East boundary line of that
tract of land conveyed to C.D. S M.A. Hulquist, by deed, recorded in
Book 460, on Page 520, in said County's Deed Records; thence South, along
said extension of the East line of the said Hulquist tract, a distance of
20 feet to a point of intersection with the South right-of-way boundary
line of said County Road No. 736; thence Nest, along the said boundary
dine of-County Road No. 736, a distance of 551.0 feet, more or less, to
a point of intersection with the East boundary line of said Lot 68 of
DURHAM ACRES, said corner being a point in the West right-of-way.boundsry
line of 40 foot wide County Road No. 933 (S.W. 79th Avenue); thenoe' South,
along the East boundary line of said Lot 68, a distance of 237.7. feet
to the Southeast corner thereoflothence West, along the South boundary line
of said Lot 68, a distance of 310.2 feet to the Southwest corner thereof;
thence North, along the West boundary line of said Lot 68, a distance of
240.1 feet to the point of beginning of this description.
Containing 1.70 Acres (not including dedicated public right-of-way).
w Page 3 - FINAL ORDER
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Proposal No. 1761
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CITY OF TI GARD ANNEXATION/ .53A, }
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EXHIBIT "A"
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That portion of land in Section 12, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as
follows:
Beginning at a point in the South right-of-way boundary line of 40
foot wide County Road No. 736 (S.W. Bonita Road), said point being
the Northwest corner of Lot 68 of DURHAM ACRES, a subdivision of
record in said County; running thence West, along the said boundary
line of County Road No. 736, a distance of 169.7 feet, more or less,
to a point of intersection with a Northerly extension of the East
boundary line of that tract of land conveyed to Arther Berg,:�by deed,
recorded as instrument number 78-13487 in said County's records;
thence North, along said extension of the East line of the said Berg
tract, a distance of 20 feet to a point in the centerline of said
County Road No. 736; thence East, along the centerline of County Road
No. 736, a distance of 1032 feet, more or less, to a point of
intersection with a Northerly extension of the East boundary line of that
tract of land conveyed to!C.D. & M.A. Hulquist, by deed, recorded in
Book 460, on Page 520; in said County's Deed Records; thence South, along
said extension of the East line of the said Hulquist tract, a distance of
20 feet to a point of intersection with the South right-of-way boundary
line of said County Road No. 736; thence West, along the said boundary
line of County Road No. 736, a distance of 551,0 feet, more or less, to
a point of intersection with the East boundary line of said Lot 68 of
DURHAM ACRES, said corner being a point in the West right-of-way boundary
line of 40 foot wide County Road No. 933 (S.W. 79th Avenue); thence South,
along the East boundary line of said Lot 68, a distance of 237.7 feet
to the Southeast corner thereofithence West, along the South boundary line
of said Lot 68, a distance of 310.2 feet to the Southwest corner thereof;
thence North, along the West boundary line of said Lot 68, a distance of
240.1 feet to the point of beginning of this description.
Containing 1.70 Acres (not including dedicated public right-of-way).
T 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
tlrx� description corresponds to the attached map indicating the prcperty under
considerations
Name 5- A
Title
Cbmty of Washington
Department
Date '—� /°
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330
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