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Ordinance No. 81-31 1 f } CITY OF TIGARD, OREGON ORDINANCE No. 81-41— AN i AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COTMMISSION, ORDER NO. 1684 , 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 AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. Ta=ham Annexation - ZCA 9-81) PLANNING DEPARTbLNT INFORMATION ANNEXATION SHORT TITLE: Durham Annexation 2S1 12D 1400 TAX MAP 2S1 13 B TAX LOT 100,101,2.00,201 ADDRESS the area of SW Durham Road 281 12 C -2200,230U,2301 and SW Upper Boones Ferry Road FILE NUMBER ZCA 9-81 various designation PRESENT WASHINGTON COUNTY ZONING DESIGNATION , ZONE CHANGED TO CITY OF TIGARD M-4 "Industrial Park" and R-5 "Single Family Residential" on 2S1 1 ts- 2200,-27300-and 2301 WHEREAS, the Boundary Commission, established pursuant to Chapter Oregon Laws of 1969, for the Metropolitan Area by its Final Order No. 164 , dated March 20, 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. r NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLS,OWS: SECTION 1: That the Final order of the Boundary Commission adopted on the 20th day of March, 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. SECTIO14 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 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 ZCA 9-81 Ordinance No. 81--31 E SECTION 4: Finding that the lands hereinafter described are now zoned as Washington County various designations and further finding that pursuant to ORS 197, tje City of Tigard has adopted a NPO # 5 Plan for said lands on Durham and SW Upper Boones Ferry Abad 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 Anendmant was present'-ed at a public hearing held by the Tigard City Council on May 11, 1981 and all interested persons were offorded 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 ''V S Plan which. 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 and "B" attached acid made a part of this ordinance, The zoning designation of the subject property is hereby chant ecd to 114-4 "Industrial Park". and R-5 "Single Family Residential" for 2S1 12C , Exhibit "A":• Lecral 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 M rt_ vote of all Council .members present, after being read two times by number and title only, this fPi 1 day of Recorder - City of T d j7... APPROVED: By the mayor, this %�— day of Mayor - City of Tigard ORDIMLNM NO. 81-� WA 9-81 PORTLAND METROPOLITAN AREA LOCAL GOVERNNENT BOUNDARY COM4ISSION 320 S. IV. Stark (#530) - Portland, Ore. 97204 - Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1684 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 1684 commenced upon eceipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on January 14, 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 February 19, 1981, and March 12, 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 above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1684 on March 12, 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 GOVF-M ENT BOUNDARY CaMSSION Date: BY, ,/� daIneS L. (Jimie)) Miter �Chairman Attest: Page 1 FlAAL ORDER r (Y Proposal No. 1684 FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory contains 33 acres, 5 single family residences, an estimated population of 15 and is evaluated at $364,400. 2. The property owners desire annexation to obtain sewer service. The city desires the annexation as a step toward the creation of logical boundaries for the city and to obtain jurisdiction of the full length of Durham Rd. to allow for its improvement. Indications are that there are a majority of votes on the city council to follow up with a proposal to annex the island. 3. The City of Tigard's Comprehensive Plan provides for Ird =trial Park uses south of Durham Rd. and designates the area north of Durham Rd. as Urban Low Density suitable for R-5 and R-7 zoning permitting 5,000 and 7,000 sq. ft. lots respectively. 4. Washington County planning studies have included the area in the City of Tigard's Immediate Growth Boundary. The Washington County Board of Com- mi.ssioners considered annexation policies at its February 12, 1981 meeting as a result of the board's concern about continuing to provide urban services to areas surrounded by Tigard. The county feels Tigard should annex all of these areas and make its boundary more logical. 5. The proposal is in conformance with applicable LCDC goals. This finding is based on a goal analysis contained in the staff report. There is a lack of compliance with Goal #10 with regard to the entire city's plan desig- nations failing to neet multiple family allocations. However, most of the land in the proposal is planned for Industrial Park use. Annexation of the entire unincorporated area to Tigard would ease the process of achieving Goal #10 compliance by reducing the number of involved jurisdictions. 6. Water service to the area is provided by the Tigard Water District which also serves the City of Tigard. 7. The territory to be annexed is adjacent to the U.S.A. sewage treatment plant. The area is traversed by the Fanno Creek Interceptor. The city anticipates the formation of a Local Improvement District to extend the collector system upon annexation. S. The territory is within the boundary of the Tualatin RFPD which also serves the City of Tigard. The fire district will not be affected by the annexa- tion. 9. It would be more efficient and economic in terms of police protection for the City of Tigard to have the general surrounding unincorporated area within its boundary. Page 2 - FINAL ORDER #1684 REASONS i On the basis of the Findings the Commission determined that: 1. The proposal is a step toward the creation of logical boundaries for the City of Tigard. The property proposed to be annexed is within an unincorporated area planned for immediate urbanization. The annexat- ion will greatly enhance the program of bringing all of Durham Rd. intothe city to facilitate its improvement. i 2 j 2. The City of Tigard is capable of providing for a full range of urban ` services to the area. 3. Bringing the territory within the boundaries of the City of Tigard will improve the efficiency and economy of service provision to the general area. 4. The proposal is in conformance with the City of Tigard, Washington Ccunty and Metro planning for the area, and is in conformance with applicable LCDC Goals, and annexation would reduce the number of in- volved ,jurisdictions in resolving housing goal compliance considerations. V__NV%i � Proposal No. 1684 Annexation CITY OF TIGARD That portion of land in Section(s) 12 and 13 of Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the point of intersection of the Southerly right-®f-way boundary line of (40 foot wide) SW Durham Road with the Westerly boundary line of the Southern Pacific Railroad right-of-way; thence running Southeasterly, along an extension of the aforsaid boundary line of SW Durham Road, crossing said railroad sight-of-way, a distance of 50 feet, more or less, to a point of intersection with the Easterly boundary line of said railroad right-of-way;thence Southwesterly, along the Easterly boundary line of said railroad right-of-way, a distance of 1150 feet, more or less, to a point of intersection with a Southeasterly extension of the Northeast boundary line of that tract of land conveyed to Unified Sewerage Agency of Washington County, by deed, recorded in Book 972 on Page 292 in said County's Deed Records; thence North 360 47' West, along said exiensicn and boundary line of the Unified Sewerage Agency tract, a distance of 270.4 feet, more or less, to an angle paint thereon; thence North 330 27' West, continuing along said boundary line of the Unified Sewerage Agency tract, a distance of 150.4 feet to the most Northerly Northeast corner thereof; said corner also being the South- east corner of that tract of land conveyed to Portland General Electric Company, by deed, recorded in Book 967 on Page 562 in said Page 3 - FINALORDER #1684 County's Deed Records; thence West, along the South boundary line of the Portland General Electric Company tract, a distance of 305.0 feet - . to the Southwest corner thereof; thence North, along the West boundary line of the Portland General Electric Company tract and along a North. rly extensiop thereof, a distance of 900 feet, more or less, to a .point of intersection with the centerline of (40 foot wide) SW Durham Road; said point also being the Southwest corner of Durham Acres, a-subdivision plat of record in said County; thence North 000 30' 30" East, along the West boundary line of said subdivision, a distance of 262.7 feet to the Southwest corner of Lot 5 therein; thence East, along the South boundary line of said Lot 5 and along an Easterly extension thereof, a distance of 350.97 feet to a point of intersection with the East, right-of-way boundary line of (40 foot wide) SW 79th Avenue; thence South, along said boundary line of SW 79th Avenue, a distance of 242.7 feet to a point of intersection with the North right- of-way-boundary line of aforsaid SW Durham Road; thence Easterly and Southeasterly, along said boundary line of SW Durham Road, a distance of 807 feet, more or less, to the most Southerly Southeast corner of Lot 1 of said subdivision; thence North 260 26' East, along the.Easterly boundary : line of said Lot 1, a distance of 589.58 feet to an angle point thereon; said point being a point on the Westerly boundary line of that tract of land conveyed to John A. Duncan, recorded April 13, 1979 under Fee No. 79014 180, Film Records of said County; thence North 260 East, along. said boundary line of the Duncan tract, a distance of 93.25 feet to the most Northerly corner thereof, thence South 580 15' East, along•the Northerly boundary line of the Duncan tract, a distance of 510 feet, more or less, 'to the most Northerly Northeast corner thereof; thence South 540 05' Truest, along the Easterly boundary line of the Duncan tract, a distance of 49.5 feet to an angle point thereon; thence South 120 90' West, along an extension of the Easterly boundary line of the Duncan tract, a distance of 40 feet, more or less, to a point of intersection with the West right-of-way boundary line of (40 foot wide) SW 74th Avenue; thence continuing South•120 00' East, along a Southeasterly extension of the said boundary line of the Duncan tract, a distance of 20 feet, more or less, to a point of intersection with the centerline of said SW 74th Avenue; thence Southerly, along the centerline of said SW 74th Avenue and along a Southerly extension thereof, a distance of 580 feet, more or less, to a point of intersection with the Southerly right-of-way boundary line of-(40 foot wide) SW Durham Road, thence, Southeasterly, along the said boundary line of SW Durham Road, a distance of 70 feet`, more or less, to the point of beginning of this description. Page 4 FINAL ORDER `� 68y • Pro"'p' osal o '},�•'.p, ;A2flco 4,400 11' 31 - .a a ale 8� -y 1000 300 r--=t=-----moi 4300 c '.. . 32 42 wi •IFS.. ..r,soo� Isoo ::.o" �.. - Im » L •••• I i 3700 is 12 1 ,9o, t, ( 10 , 4 • = a, ;aooN± n. 7'900101. -----.+gL ° °.r; ' Ni AREA TO BE W a »., ,,..• ANNEXED 0 39coe :Noo r 134' ,• ; , �'�'AJ , 1 _ �:' ,8C MO +i• - 1 i i•.=• '��. Iq) _�/ATS. . •9C• ,•er s•• pwx 41z ••• •,rwe 1 1 790 ' .j \20' 31� 131 100 34 30 •�'- '•.� 3.M4 CITY OF TIGARD . 201 a• '� ��_' _'% IRO, \/I a •� •{..':�, �.. uoa 1400 , .�aa7 '�'• � 7,.•. p� gym` �. , �_- \ -1. rr1300 c:ITY OF TIGARD $toa 1 s: •,r :� i ■ .0+ .K .K wT^•'•fie . /''. ( w>Y'' �.-NCO" • .800 I i . • J `�` /• 1• wee, _ 7e•e:__ a./•)_ m• 2 1 hl {37 `i 30 37 33 0. l/�/ 9L piaYVa3 ke 1 I CITY OF -� '" ..» w . » » > •• ' s . 1 DURHr1��1 •T W� .,. (loo . - 9 :;a'• a a 19 39 St 33 sn•,.�a�\•.�s 133 �� � 1 Sa 4 PROPOSAL NO. 1684 CITY OF TIGARD •.7 ANNEXATION FIG. 2