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Ordinance No. 81-94 1C� CITY OF TIGARD, OREGON i ORDINANCE NO. 81-_24_ a i AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER N0. 1718 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO # 6 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. a PLANNING DEPARTMENT INFORMATION 5 ANNEXATION SHORT TITLE: Clark - FILE NUMBER ZCA 26-81 I PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU-4 ,ZONE CHANGED TO CITY OF TIGARD R-7 Single Family Residential WHEREAS, the Boundary Commission, established pursuant to Chapter 494 Oregon Laws of 1969, for the Metropolitan Area by its Final Order Number 1718, dated September 8, 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 Annexaticn. NOW, THEREFORE, i THE CITY OF TIGARD ORDAINS AS FOLLOWS: SEC'T'ION 1: That the Final Order of the Boundary Commission adopted on the 18th day of June, 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 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 ORDINANCE NO. 81- ZCA 26-81 SECTION 4: Finding that the lands hereinafter described are now zoned as Washington County RL-4 and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 6 Plan for said land on S.W. Kable Street 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 March 23, 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 # 6 Plan. SECTION 5: Therefore, pursuant to the requirements of Chapter 18.88 of the Tice.rd 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 this 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_&&&sfJer3&U_, vote of all Council members present, .after being read two times by number and title only, this `day of 1� �>.�i{yr . l9 p/ . Recorder - City of Tig APPROVED: By the Mayor, this day of i9 . Mayor - City of Tigard �t ORDINANCE NO. 81-44 ZCA 26-81 Page 2 I k i PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT' BOUNDARY COM USSION 320 S. W. Stark (#5130) - Portland, Ore. 97204 - Tel: 229-5307 { FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1718 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 1718 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of , Tigard on April 16, 1981, requesting that certain property be annexed to the city. The resolution and property owner consents meet the re- t quirenents for initiating a proposal set forth in ORS 199.490, particu- larly Section (2). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance vdth ORS 199.463 and conducted a public hearing on the proposal on June 18, 1981. The Com- mission 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. 1718. 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 GOVERMENT BOUNDARY CaMSSION Date: By: L. (Jamie) Mate airman ( Attest. NA Page 1 - FINAL ORDER` I E)WIBIT ►►A►► Proposal No. 1718 FINDINGS i On the basis of the public hearing and the study, the Boundary Commission found that: 1. The territory to be a.°niexed is contiguous to the city and contains 1'.7 acres, 4 single family residences, an estimated population of 12 persons, and is evaluated at $441,400. 2. One property owner desires city services, especially sewers, to facilitate development of one additional single family dwelling. Two other property owners petitioned for annexation and two properties were non-consenting. The territory to be annexed lies entirely within a larger area which is complete- ly surrounded by the city. 3. All LCDC goals were examined and evidence supporting conformance of this ,44 proposal with Goals #1, 2, 3, 8, 10, 11 and 14 was found. Other LCDC goals were not found to be significantly related to this action for the reasons stated in the staff report. 4. The area to be annexed is within the regional Urban Growth Boundary. The territory is identified as Urban on the county framework plan and zoned RU-4 in the county. It is designated Urban Low Density Residential on the city plan. The proposed development is compatible with the city plan designa- tion, with the county plan, and with the present county zoning. S. A sewer line capable of serving the property exists in the adjacent sub- division to the south. Water and fire protection are provided by special districts. The city provides police, parks, planning, library, street maintenance, etc., and those services are available immediately. REASONS FOR DECISION On the basis of the findings the Commission determined that: 1. A majority of the property yawners desire services which the city has available and is willing to provide upon annexation. 2. The action conforms to city, county and regional planning. Page 2 FINAL. ORDER EXHIBIT "B" Proposal No. 1718 Annexation City of Tigard LEGAL DESCRIPTION All of the following described property in the plat of Hood View No. 2, located in NW4 SW4 of Sec . 11 , T2S RIW, W.M. , Wash- ington County, Oregon, described as follows: Beginning at the Southwest corner of Lot 22; thence North along the West line of said Lot and the Northerly extension thereof to the North line of S. W. Kable Street; thence West along the North line of said street to the Southwest corner of Lot 29 ; thence North along the West line of Lot 29 to the Northwest cor- ner of Lot. 29; thence East along the North lines of Lots 29, 30, 31, and 32, to the Northeast corner of said Lot 32 ; thence South along the East line of sal.i Lot 32 , and its Southerly extension thereof, 190 feet to a point on the South line of S.W. liable Street, said point also being on the North line of Lot i9; thence West along the North line of Lots 19and 20 to the Northwest cor- ner of said Lot 20; thence South along the West line of said Lot 20 to the Southwest corner thereof; thence West along the South line of said plat to the Southwest corner of said Lot 22 , and the point of beginning. z .a q Page 3 FINAL ORDER Proposal , r No. i 718 NW1/4 SWI/4 SECTION 11, T2S, •R1W. , .. W.M.a WASHINGTON COUNTY, OREGON .•e• SyV-•.' :!� '� � tiROQCPC"1:ift�"':e --...•' --iw";SyitE RAEY' .i.�•�'i""°�q.�.sr�-•-!—.� .•ee a. - •.M ... •e,e 0 lot aw. we ° as, A •egel p <erwR ee •y roe e6a- - - 1t• /60 !1000_ 8100- . 1]61 i 800 ® r ' i•00 1) 81! 814 81• • .080 • o® •y N W • 8 It'0 a 1]08 6 ! t 4 .+ ®• s ° a '� • , •' tb • Q • a1••w•IeeW ' ••►q q' e••. • �/ •9 to Y L 0 .0 I L 1`1 T�.. �0 '! f00p ••ei•Ni/•Ie • ✓t • 0 8600 f 82; `.'�•e a6 }' ®i to wr®9:.MiY I '� 1 out lana s DEL IJ y YE ® s4. ° fe ° : { 8 • 8860 ' d « 4 010 n .1 .se s • • 8800 .0 ' J abs s, °'a•1 9 9 • a .:. :. t.. .J ..e .. •a. � }i r •� ea06 � 1 laoe� :� ��.�D ry�ei 1�r s e�:'d P e 1 � a 1 °•.� .e,. j Lt. ° • ® wai i • 1 a 1• •. q ••i 1e•� 004dm••-'.�"�'• • � : f/8 W +e.®`• S.WwwuDELtAQAPTE m.SOR9V� • HILL�® ,o to• was e208 1 ea06 400 0100 ° - O s • :`• b aI o e sfos ; C� E 46 so It Ill J T ew N° 10E O N a pe® s •®•✓e✓i 14114'a •Mb•7 CO as e •q .. e.•• . N ni fi ea• •N ♦•MNW• 11NM ••e e: 4,•• ftq^row oo N„ •/• e•90 1 use •ea•wli •�C � •eta ®Y ® A •�.8t .o .� .® .r x..65.. •18� r � •we,a•.. n••• / q •.eve•• 1 deMM• '• iolD. nab .998n•• /9ef /q• efts ' e/0f ero8�� 2 ° a �1 /� `� ``,HP.Ja9 ��'. 77..a@�� •q. g«3 a ire♦ •.••s •ITq o 1w.T-N ® �SO00VIewa O Igoe .9l0 *for .196 187!1 • I"# n08 'a' , s /® CC r• sa as $ as m of s• 6 s •, p ; �• ••` ® ° Is .qt Itt• 020 880 eta+ IH8 °fab e88o et0 No eflf • eAe ° m N L)O D �' YS AREA TO BE as as • � 4die to "L ANNEXED S• "*t:s S.W ••.ams• R� STREET s ' • q .t8a1828 dl• 984 °888 19 188° 6983 nee 191• ete9 ,91$ 9 • 89 � 8• 8f 9 88 8e 4v a D9 to W e 9 ea 4 .8 I® 2136 d t ••�� a•aa•e ie. aw oa a.i •ei•ey• ee+.ei FRt�FOSAL NO 1718 ' CITY OF TIGARD FIGURE 2 I EX I I I BIT Proposal No . 1718 Annexation City of Tigard LEGAL DESCRIPTION All of the following described property in the plat of hood View No. 2, located in NI1,74 SW, of Sec . 11 , US RIW, W.M. , Wash- ington County, Oregon, described as follows: Beginning at the Southwest corner of Lot 22; thence north along the West line of said Lot and the Northerly extension thereof 1 to the North line of S. W. Kable Street; thence Nest along s the North line of said street to the Southwest corner of Lot 29 ; ' thence North along the West line of Lot 29 to the Northwest cor- ner of Lot 29; thence. East along the North lines of Lots 29 , 30 , 31 , and 32, to the Northeast corner of said Lot 32 ; thence South along the East line of said Lot 32 , and its Southerly extension thereof, 190 feet to a point on the South line of S.W. Kable Street, said point also being on the North line of Lot 19 ; thence Nest along the Nor%h line of Lots 19and 20 to the Northwest cor- ner of said Lot 20; thence South along the West line of said Lot 20 to the Southwest corner thereof; thence West along the South line of said plat to the Southwest corner of said Lot 22 , and the point of beginning. 0 t< Page-3 - FINAL ORDER 11 23 11 A i i os 7 1 o" �J NW1,14 SWI/4 SECTION 11, 172S. 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