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Ordinance No. 81-96 I CITY OF TIGARD, OREGON ORDINANCE NO. 81-_$ AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1720 AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM. WITH THE NPO # 1 PLAN AS .ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION ANNEXATION SHORT TITLE: Frewing/Barnum FILE NUMBER: ZCA 28-81 PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU-4 , ZONE CHANGE 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 1720 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 Annexation. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the Final Order of the Boundary Commission adopted on the 27th day of August, a copy whereof is hereto attached and by this reference made a part hereof, be, and the same is, hereby ratifed, 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 —J- conformity therewi th 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, Washir_gton County (d) Department of Public Works, Attention: Surveyor, Washington County ORDINANCE NO. 81 7CA 28-81 r # • 1 SECTION 4: Finding that the lands hereinafter described are now zoned as z Washington County RU 4 and futher finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 1 Plan for said lands on S.W. Frewing, S.W. Garrett and S.W. Barnum Drive 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 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 # 1 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 Municpal 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" and A/12 Multi-Family (2S1 2GB lot 3402 only) 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 boundaires 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 &ditt& *U U 5 vote of all Council members present, after being read two times by number and title only, this d,& day of 19czs��cr_ , 1981 . REMADEP - CTTk OF—Tia APPROVED: By the Mayor, thisdayof L�cs7 ��►_�Y''_ , 1981. MAYOR - CITY OF TIGARD i.. j ORDINANCE NO. 81_f ZCA 28-81 Page 2 i► PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel : 229-5307 FINAL ORDER i r RE: BOUNDARY CHANGE PROPOSAL NO. 1720 - Annexation of territory to the City of Tigard. r Proceedings on Proposal No. 1720 commenced upon receipt by the Boundary Commission of a resolution from the City of Tigard on May 17, 1981, requesting that certain property be annexed to the city. The resolution meets the requirements for initiating a proposal set forth in ORS 199.490, particularly paragraph (a) j of Section (1) . E Upon receipt of the resolution the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.46_3 and conducted a public hearing on the proposal on June + n___, 7 o cause a study e made on this 18, lyisl . The r.t�nuuiSSivii ai�v �,.........:� i..dy to b t proposal which considered economic, demographic and sociological trends and projections and physical development of the land. 5 o FINDINGS f R s (See Findings in Exhibit "A" attached hereto) . REASONS FOR DECISION (See Reasons for Decision_ in Exhibit "A" attached hereto) . ORDER c On the basis of the Findings and Reasons for Decision listed in Exhibit "A" the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1720 on June 18, 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 45 days from this date which is August 3, 1981 or at what other subsequent date that the law requires. 1 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION E �d Date: �s L. (Jamie) Mater ---'`- Chairman Attest: Page 1 FINAL ORDER EXHIBIT -W' Proposal No. 1720 FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory to be annexed contains 11.62 acres, 25 single family residences, an estimated population of 50, and is evaluated at $1,224,500. E 2. The territory is an island completely surrounded by the city. f 3. The city initiated the annexation to eliminate jurisdictional confusion. 1110 city's 111GLr Vl 6.VIl6LLct'6u rb v1 W1G 45 luiu'S1IliAw7 lit LIIG area and £vWau 111 L.,...t had no opposition, six were neutral and only one opposed the annexation. 4. LCDC Goals #1, 2, 7, 11 and 12 were met. Goals #4, 5, 6, 8, 9, 10, 13 and 15 g, through 19 did not apply directly. Goals #3 and 14 were satisfied by application of the LCDC Annexation Rule. The territory is inside the regional Urban Growth Boundary and identified as Urban on the county framework plan. 'The city's NPO #1 plan identifies the area as suitable for single family resi- dential except for one small tax lot which is medium density residential. The bulk of the area is already developed with single family residences. S. The city has sewer service in the area which would be available to anyone de- siring service subsequent to annexation. City policy would not force anyone .' to hook up to sewers unless there is a health problem. The city will be over- laying streets in the area this summer without direct charge to the property r` owners. Police, parks, library and other services are available from the city . upon annexation. Fire protection and water service are already provided by special districts which overlay the city and those services will not change as a result of the annexation. { MASONS FOR DECISTON I e Ui the basis of the Findings the Commission determined that: l e 1. The action is consistent with citAr_ •ccc�l t_.y and reainnZ] n7 nninn requirements. } Z. The action would eliminate jurisdictional confusion and be more equitable for the city in terms of property tax paying for services received by the property. Page 2 - FINAL ORDER t ' r, EXHIBIT "nib Proposal No. 1720 Annexation CITY OF TIGARD That portion of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian. p Washington County, Oregon' being more particularly described as follows: Beginning at the most Easterly corner of Lot 19 of Frewing's Orchard Tracts, a subdivision of record in said County; said corner being a point in the centerline of SW Frewing Street (40 ft. wide County Road No. 713); running thence South 590 55' West, aldng the Southeast boundary line(s) of Lot-19 and Lot 9. a total distanee of gsatat2 fe.r r_ a .,__.' •..o pw ...1--a "'ort' 24 28' West a distance of 130.00 feet to a point; thence South 590 41"' West a distance of, 260.00 feet to a point in the centerline of SW Garrett Street (40 ft. wide County Road No. 1067); thence South 240 30' East, along the centerline of Garrett Street, a distance of 1120 feet, more or lesa, to a point of intersection with the centerline of SW Ash Avenue (40 ft. wide County Road No. 1067); thence North 38o 33'. Bast, along the centerline of Ash Avenue, a distance of 426.36 feet to the wst. Southerly corner of Lot .17 ®- -aid etthA{v_is4nn' hn^a quo a .o* .7y' o .b.�13 �_--- aoundary dine of Lot 17, a distance of 418.44 feet to the most-Westerly corner of Lot 17; thence North S8® 27' East, along the Northwest boundary line of Lot 17, a distance of 334.62 feet to the 'most Northerly corner of Lot 17; said corner being a point in the centerline of said Std Frewing Street; thence Porth 300 04' West, along the centerline of Frewing Street, a distance of 22.00 feet to az point; thence North 54o 27' East a distance of 29.00 feet to a paint in the Northeast right-of-way boundary line of said Frewing Street; thence North 300 04' West, along the said right-of-way line of Frewing Street, a distance of 12S feet, more or less, to a point; thence North 54 27' East a distance of 176.00 feet to a point on the Southwest boundary line of Fiewereat Terrace, a subdivision of record in said County; thence Borth 290 56' 40" West, along said subdivision boundary line, a distance of 85.00 feet to an angle point therein; thence North 350 05' 30" West, continuing along said subdivision boundary line, a distance of 100 feet. more or less, to a points thence South 540 27West a distance of las feet, more or less, to a point in the centerline of said SW Frewing Street; thence North 030 04' West, along the centerline of Frewing Street, a distance of 70 feet: more or 1-sst to point of beginning of this description. .z, A Page 3 FINAL ORDER Proposal No. / 7ZO NE V4 SW 1/4 SECTION 2 T2 S R I W W M• WASHINGTON COUNTT OREGON ZI! 3'�Zls r SCALL 1'•100' • 2N °•°'' at ues ••dh aa '• .d 251aAC IT / . ia u6 YAP Ste MAP \/ N4•�e �(� .� e 1s r�21 a,2cr as,as0 a, " p, a d •y } .010. +„� � V�'�• a ao 'o'., Is �•% et Rq, � .13 !Pt ° a � q / ♦ k.`222 / to .14 to 1 ISO ! * t21 s 22s ee �• fi/ sy36 00 za12 'r•22P '•i aft / it 139 234 100 e ^ est ;x•256 � ., astr •. .•`=tp`Y09"�;v"�. :a;r'tb i „r•' S!•e�+` 229�Q �� • 1. 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I 23120C M PROPOSAL NO. 1720 e CITY OF TIGARD FIGURE 2A. 5 Proposal 100 "-4YW 1!4SWV4 SECTION 2 T2S R I W W.M. 2S 1 2 C® •� WASHINGTON COUNTY OREGON 11 24co SCALE x•100' wc.®w wa ? 100 200 200 _ �.�.r�, •iL 9lOM �' 111tH•Y 4r awJSY.IW.ar, FEET to w� .10 IL®METER i`+ 1101 1101 Al I♦EE Is0 J``•. A4 22124042 1 1 w • ,�°� 1" 1000 k Jla,. 30) r` 43 Q < •,s 3zoc', Ise: :�a 21 Ise, 'ati ' eear,nmt ♦y 2 I 24A a ttl� i a ` : d, 500 ltc rave 34 2 <OA, 20 w 100 . C 100 f 340 �S, ••,, e y e4r 4 "4.• { f 2400'• 3400 $ Y \; 1200 •'i \ eBll, 1114. [o� v' H A R r t3 Ct�W 301 23-74 ,ery�y!! m 704 9 a0!Al 4me 7 `t r e7 • `\ 2 e 8 °� ..rn. i•„�• 4. ...Vaal ,` n 1SOe '.11 Sad 1 ✓' t ' AVM • �� 'M • s 1402 t, a/ 22fj0 •¢`° JBp 42t MAP Ifi.00 Y. g.•• _ 700 4!. 24 1 2CA Jose `° SSC F'a•� ,�2100 3500 >m an" J[Ja °s4r 10 - ww ° 51yj ait r' AREA TO I s`- _, 1 0 00 l ,+ � �'�' da'f,(�CJ �• ` + ANNEXED C2. `7 pt�e yr4Y�` �. D4 5 .40% 144.9MOO • /1 `ALL,,,, 4200 299 VAP 2s 1 2cce400 e K t � � co •` PROPOSAL NO. 1720 CITY OF TIGARD FIGURE 28 Proposal No. SE V4 SW 1/4 SECTION 2 T2S RIW W.M. 2. WMWNGTON C3UNTY OREGON SCALE 11.10d SEE WAP �. too asp loo � LR irt.• JT Fig. 2 Y set YID Jv.•' AN 1.tar-am c1w!"a j as I ace o Ia ! AREA TO BE ,'gyp 4200 �4' ate Y/D Isar ANNEXED Iso 'Ok 2a 1 IC,% ,�— Is00, / •IN ' 2719 S/', •'� •,�C®!@ did, sN �J2 7o . 1700 ® 1 N tisd� 1800 25 Staff l;« I c. LY : 2700 40 BY.• s ., fit YID •• , At. mmm to 1 see . Sao �a707 '` �• s•Ie •� �1 I I'N `�` •o II70s .e*' Ilal �• . Tipp � 1000 s ° ,l` 2712' • �.�'a r lfdr �' i d•Ar yp a �.. 1 as r 27 G�j �• 2ai�. ens cae'ln'1 I of EDGEW000 1 3T I t_ ,` �� - 1.11 � � � ,.. w� •rl srr t ei tray f� "\ � foot 1 •see ata S) ° �: 2704 ..� •a.N '+00 1.• S' azo: `f!. S •,r A`� a00o 2^t'•, a 9& dl� D d, asoo �' '•��• � ass I ~r a 1,., v r asOr 41f'• ILLVIEW Cr. >•• `� ' '�hy ,. \'S,•� � '1 �', st �+� •a ai0e ..i 2acA not '•.� 1 • .' y ,� .: ,;;�' y;,a2s0a7 vi N•/ A ` U-1 i' ._>opy foo0 �s,• asst .•�., a ..:: at ••r• I• ssr. d. '°, •` ddq 11 tY1 .s . �19 , •.�''e K�� ...2613 aac2 I 18 'IS it 12 t i' I 67 PROPOSAL NO. 1720 CITY OF TIGARD FIGURE 2C J . r. EXHIBIT 'A" Proposal No. 1720 Annexation CITY OF TIGARD That portion of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the most Easterly corner of Lot 19 of F'rewing's Orchard Tracts, a subdivision of record in said County; said corner being a point in the centerline of Sid Frewing Street (40 ft. wide County Road No. 713); running thence South 590 55' West, al6ng the Southeast boundary line(s) of Lot.19 ane Lot 9, a tvma,� aaa6ance of 381.12 feet to a point; thence North 240 28' hest a distance of 130.00 feet to a point; thence South 590 41' West a distance of' 260.00 fee_ to a point in the centerline of SW Garrett Street (40 ft. vide County Road No. 1067); thence South 240 30' East, along the centerline of Garrett Sheet, a distance of 1120 feet, more or less, to a point of intersection with the centerline of Sid Ash Avenue (40 ft. wide County Road No. 1067); thence North 380 33'. East, along the centerline of Ash Avenue, a distance of 426.36 feet to the most. Southerly corner .of Lot 17 of said subdivision; thence North 290 24" West along the southwest boundary line of Lot 17, a distance of 418.44 feet to the most-Westerly corner of s Lot 17; thence North 58 27' East, along the Northwest boundary line of Lot 17, a distance of 334.62 feet to the most Northerly corner of Loo: 17; said corner being a point in the centerline of said SW Frewing Street; thence forth 30 04' West, along the centerline of Frewing Street, a distance of 22.00 feet to a point; thence North 540 27' East a distance of 20.00 feet to a point in the Northeast right-of-way boundary line of said Frewing Street; thence North 300 04' West, along the said right-of-way lige of Frewing Street, a distance of 125 feet, more or less, to a point; thence North 540 27' East a distance of 176.00 feet to a point on the Southwest boundary line of Viewcrest Terrace, a subdivision of record in said County; thence Horth 290 56" 40" 'lest, along said subdivision boundary Pane, a distance of 85.00 feet to an angle point therein; thence North 350 05' 30" West, continuing along said subdivision boundary line, a distance of 100 feet, more or less, to a point; thence South 540 27' West a distance of 185 feet, more or less, to a point in the centerline of said Sad Frewing Street; thence North 030 04' Nest. along-, the centerline of Frewing Street, a distance of 70 feet, more or less, to tha point of beginning of this description. ORDINANCE NO. 81- ZCA 28-81 i A ' t xki m vra Mme" C k P 'i. §i {[{t C pCp4 f Y '� � �. � pa•' it ° � ° 1�fia4 t.+•x3 at •1 S fa '-p "`•a+i�t+• 22I. P' ��� ,•♦ SOO 440 \1_.Cawwi341 ` 1 rra reale ` ' �•` i 4 + eK447. ,;••• . 'YP` Sod S �' 7 .`I aaS ,sf 4 s>a+♦ a�,J :°• ti�` �3 a Soa ; a '� cwt ♦♦ �� eem .a S SS ♦• � •e t s a9A +k A •' •rY ern ..et • " aoa• •., • t ' � Prm "" ARoo REA TO BE 4 i`' t + ' •ff ; ..a s+ 9 ANNEXED e4o r,4f :''� + :`• loo ` n. `` r a 744 •eat i. of r•°^ � au •\ !' A . as fl t s ` sd•'!M AREA TO BE sOV0r 9 P ••!19 ANNEXED of•4 � a •906" 17 ` •14C07• •Ya a. ^'`• + O' X503 y: ,] a•� $33 .�).°:: t .:tea a� • ® \I ° 1 •Om ♦ at�4 i®Bee + ', \9f°•`..,. i ar f 93 7 J •,EN a '1♦�� .apo i f '!os �' :Y x '`'f• � ,. .an 7` . _ � ,y 7 to y .a• 7. /// • `St r i :e• ( 4571 >•• .If41 c. � ;. �d/ .ti.I s•, � si ♦ \ 7 /." v, , ' ,, K, Imo•' •AREA TO BE `' 1/ •246 �s /q\. 4P �� 1444 a0/r ..f° a,a•y'� `h r��.� E ISM ANNEXED aPI. / '� ,�.`�� °a , lea' •• s 1000 9714 \!d .0 i 3+3 7'• , 44 1144 eto J, ' rea •a 16 / SOD •GJ Igo :000 •j'+ s �Q 9 !7` Pooh 400 9���`S 1fN a\ 0 as elk 82S urs •4 y\'\`.`\ 2)OS tT.G♦ 0 C• ♦® Jj�!�� ORDINANCE NO. 81-__ __ ZCA 28-82