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Resolution No. 73-42City of Tigard, Oregon Resolution No. 73-_ /.YL A RESOLUTION REQUESTING THE PORTLAND - METROPOLITAN BOUNDARY COMMISSION TO ANNEX THE ROLLING HILLS AREA TO THE CITY OF TIGARD. WHEREAS, all those certain lands, included within the boundaries described in the attached Exhibit "Aby this reference made a part hereof and for ease of identification hereinafter referred to as the "Rolling [tills Area", are unincorporated territories, surrounded by the corporate limits of the City of Tigard, and WHEREAS, with respect to the Rolling [fills Area the following physical, economic and social facts and attributes are applicable: a. Said area is a part of the same natural drainage basin in which the Cite of Tigard is located and the needs of the area for storm water drainage, sanitary sewer services must necessarily be considered a part e,f the total plan for such public services in the Tigard coma;uni t y. b. Said Area has the same visual, geographic, social and economic attributes as if the Area were a part of the incorporated areas of the City of Tigard and is a pert or the residential urban development with substantially equal densities to the incorporated areas of the City of Tigard. c. That no distinction geographically, socially or economically exists between the residents of the Rolling Hills Area and the incorporated areas ..f the City of Tigard and the residents thereof have available to then: all the benefits of the City of Tigard to the same degree as residents o£ the City, including but not limited to the use of the pub_tc facilities of the City including parks, library and streats, ns well as the social and economic aspects of the urbanized Tigard area and the burdens upon the City naturally arising from Lite enjoyment by the Rolling hills Area of the benefits of being a part of the urbanization are disproportionately cast upon the residents of the City. d. That comprehensive planning, zoning and land use programs of the City of Tigard must necessarily give equal consideration to all island areas including the lands in the Rolling Hills Area which must be considered for all planning purposes as part of the total composite urbanized area of the City of Tigard which cannot be properly isolated therefrom. e. That due to the interposition of the island area of Rolling Hills and the irregularity of the City's boundaries arising therefrom, planning, financing and carrying out of public improvement programs for streets and other public ways, sewers and other public services cannot be effectively conducted with respect to the island area as well as to the adjoining area to the City on the basis of benefits conferred and the imposition of assessments to defray the expenses thereof. f. That the people of the Rolling Hills unincorporated area cannot be efficiently and effectively provided police services, road and street maintenance services, planning services and receive the benefits of other public programs as a part of the unincorporated area of Washington County, by reason of geographic factors, but can only attain such benefits effectively as a part of the City of Tigard with a commensurate right to participate in all aspects of City government including the right to vote on City measures and the right to be heard with respect to City programs. RESOLUTION No. 73-_27 i' n g. Solely by reason of the current, impracticable, legal divorcement betwan the residents of the Rolling Hills Area from the balance of the City of Tigard, a participation in the state revenues allocable on a per capita basis is denied the City of Tigard with respect to the Rolling Hills Area while casting upon the residents of the ir,, rporated area the uncompensated burdens arising from the physical fact that the tolling Hills Area is socially, economically and geographically alreau: a part of the City of Tigard. WHEREAS, pursuant to ORS 222.750, where land or territory not incorporated as a part of a city is surrounded by the corporate limits of the city, such area may be properly annexed to the city by order of the Portland Metropolitan Area Boundary Commission, pursuant to ORS 199.490. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD- 1. That in accordance with the foregoing the Council finds that the annexation of the area described on the attach-d Exhibit "'A" hereinabovc deli,rated the Rolling 11 i11s Area to the City of Tigard, pursuant to Section 222-~O ORS is necessary and I. the public interest and will best serve not only the people of City of Tigard but the residents and property owners of the said area as well, and the Council, pursuant to ORS 199.490 hereby initiates proceedings for annexation of said territory to the City. 2. That the boundaries of said Rolling Hills Area now forming an island within the irc o rporated limits of the City of Tigard, are properly set forth on the attached Exhibit "A", by this reference made a part hereof, and the Council hereby approves the proposed annexation. 3, That the map hereto attached, marked Exhibit "B" and by this reference made a part hereof, shows the location of the Rolling Hills Area and Its relation to the incorporated areas of the City of Tigard, . That tht Portland Metropolitan Area Boundary Commission he and it is hereby requested to conduct all proper and necessary proc.eedin;e• to accomplish the ant-x"" on of said territory to the City of Tigard in accordance with the principal act set forth in Chapter 222 Oregon Revised Statutes and particularly Section 222.750 thereof with the least possible delay pursuant to the procedures set forth in Chapter 199 Oregon Revised Statutes. 5. That the City Recorder is hereby authorized and directed to file a certified copy of this resolution with the Portland Metropolitan Area Boundary Commission not later than the third business day after adoption of this resolution by the City Council. a b. This resolution shall become effective immediately upon passage and approval, k• APPROVED: This I a - day of A )r,i f- , + 1973. € Mayor City of Tigard c ATTEST: cj corder - City of T1gd • EXHIBIT "A" That portion of land in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the stone marking the Southwest corner of the Peter Halter 10 acre tract in the W. W. Grahaa. D.L.C. No. 39 in said Section 1; thence West 10 feet to a pipe; thence North 340.3 feet to the Southeast corner of that tract o£ land conveyed to Keith R. Peterson 6 Carl S. Spitznagel, Book 731, Page 917, Deed Records of said County; said Southeast corner of the Peterson 6 Spitznagel tract of land being the True Point of Beginning of this description; thence running West, along the South Boundary line of the Peterson 6 Spitznagel tract of land, a distance of 334.1 feet to the southwest corner thereof; thence North, along the West boundary line and along a Norther ly extension thereof of the Peterson d Spitznagel tract of land, a distance of. 3L3.3 feet, to a point of intersection with the centerline of 40 foot wide County Road No. 245 (SW tiuntiker Road); thence Northwesteriv, along the centerline of Cu 'try Road No. 245, a distance of 345.5 feet, more ur less, to the Northwest corner of that tract of land conveyed to Sam R. Jost et ux, Book 336, page 534, Deed Records of said County; thence South Ol° 14' 30" West, along the West boundary line of the .lost tract and along a Southerly extension thereof, a distance of 758.7 feet, more or less, to the Northwest corner of Roiling Hills, n subdivision of record in Said County; thence South,01° 22' West, along the West boundary line of Rolling Hills Subdivision, a distance of 671.29 feet to the Southwest corner thereof; said Southwest corner of Rolling Hills Subdivision also being the Northwest corner of Rolling Hills Plat No. 2, a subdivision of record in said County; thence South 01° 40' West, along the West boundary line of Rolling Hills Plat No. 2, a If stance of 480.0 feet to the Northwest corner.of Lot 35 thereof; thence North 77° 40" East, along the North boundary line of Lot 35, a distance of 229.91 feet to the most Northerly corner of Lot 35; thence Southerly, on a 200 foot radius curve to the left, along the East boundary line of Lot 35, an arc distance of x0.06 feet to the most Easteriy corner thereof; thence South 540 58' Walt, along the "'utheast boundary line of Lot 35, a distance of 243.53 feet to the most Southerly corner thereof; thence South 41° 51' East, along the Southwest boundary line of Rolling Hill> Plat No. 2, a distance of 161.38 feet to the Southerly most Southwest corner of said Rolling Hills Plat No. 2; thence South 88° 48' East, along toe South boundary line of Rolling Hills Plat No. 2, a distance of 770.57 feet to the initial point thereof; thence continuing South 88° 48' East, along an Easterly extension of the South boundary line of Rolling Hills Plat No. 2, a distance of 10.0 feet to a point on the West right-of-way boundary line of 40 foot wide S.W. 74th Avenue; thence iou th 0' S9' 50" West, along the said boundary line of S.W. 74th Avenue, a distance of 44.0 feet, more or less, to a point of intersection with a Westerly extension of the North boundary line of that tract of land conveyed to Leo 6 Betty Van Borst, book 363, Page 352, Deed Records of said county-, thence South 89° 24' East, along the said extension and North Line of the Van Vorst tract and continuing along an Easterly extension thereof, a distance of 350.0 feet to a point of intersection with the Easy line of the William Graham D.L.C. No. 39; thence North, along the East line of the said Graham D.L.C. No. 39, a distance of 500 feet, more or less, to the Southwest corner of Varna Acres, a subdivision of record in said County; said Southwest corner of Varna Acres being a point In the center of 40 foot wide County Road No. 472 (S.W. 72nd Avenue); thence North 89° 19' 30" East, aiong the South boundary line of Vams Acres, a distance of 461.15 feet to the Northeast corner of that tract of land under contract to Ace Electric Company, Book 887, Page 730, Deed Records of said County; thence South, along the East boundary line of the said ir7 Ace Electric Company tract, a distance of 340.29 feet to the Southeast corner thereof{ to id Southeast corner being a point on the North right-of-way boundary line of 50 foot wide S.W. Sandburg Street; thence South 880 53' East, along the said right-of-way boundaryy line of said S.W. Sandburg Street, a distance of 211.0 feet to an iron pipe in the West line of the James Hicklin D.L.C. No. 43; thence North 02o 33' 20" East, along the West line of the said Hicklin D.L.C- No. 43, a distance of 340.29 feet to the Northerly Northwest corner of the said Hicklin D.L.C. No. 43; said Northerly Northwest corner thereof being a point on the South line of said Varna Aerds subdivision; thence North 890 19' 30" East, along the South line of Varna Acre>, a distance of 330 feet to the Southwest corner of Lot 4 of Varna Acres; thence North, along the West line of Lot 4 of Varns Acres a distance of 75.0 feet, more or less, to a point of intersection with the Southwest right-of-way boundary line of State Secondary Highway No. 144 (Beaverton-Tigard Highway); thence Northwesterly, along the said Southwest boundary line of State Secondary Highway No. 144, to a point of intersection with the East boundary line of Lot 12 of said Varns Acres; thence South OOo 45' West, along the East boundary line of Lot 12 and along a Southerly extension thereof, tc, a point of intersection with the centerline of 50 foot wide County Road No. 1286 (S.W. Varna Street); thence South 89o 26' 45" West, along the centerline of said County Road No. 1286, a distance of 222.61 feet to a point of intersection with a Southerly extension of the West boundary line of said Lot 12; said West boundary line of Lot 12 also being the East right-of-way boundary line of County Road No. 472 (40 foot wide S.W. 72nd Avenue); thence North 000 42' East, along the said extension and West boundary line of Lot 12, a distance of 662.11 feet to the Northwest corner of Lot 12; thence North 890 34' East, along the North boundary line of tot L2 and continuing along the North boundary line of Lot If of said subdivision, a distance of 450 feet, more or less, to a point of intersection with the Northeast right-of-way boundary line of State Secondary Highway No. 144 (Beaverton-Tigard Highway); thence Northwesterly, along the said Northeast boundary line of State Secondary Highway No. 144, a distance of 700 feet, more or less, to a point of intersection with the South right-of-way boundary line of 60 foot wide S.W. Hampton Street; thence South 890 05' West, along a Westerly extension of the South boundary line of 60 foot wide_ S.W. Hampton Street, a distance of HO feet, more or less, &r- to a point of intersection with a Northerly extension of the East right-o£-way boundary TU line of 40 foot wide County Road No. 472 (S.W. 72nd Avenue); thence Southerly, along the said extension of the East right-of-wyy boundary line of County Road No. 472, a distance of 2L0 feet, more or less, to a point of intersection with an Easterly extension of the centerline of 40 foot wide County Road No. 245 (S.W. Hunziker Street); thence South 89o 44' West, along the said extension of the centerline of County Road No. 245, a distance of 765 feet, more or less, to a point of intersection with a Northerly extension of the Southwest right-of-way boundary line of State Secondary Highway No. 144 (Beaverton-Tigard Highway); thence Southerly, along the said Northerly extension of the southwest right-of-way boundary line of State Secondary Highway No. 144, a distance of 20.0 feet to a point of intersection with the South right-of-way boundary line of said County Road No. 245; thence Southerly and South- easterly, along the Southwest right-of-way boundary line of State Secondary Highway No. 144, to a point of Intersection with the East boundary line of the said Peterson & Spitznagel tract of land; thence South 006 43' 30" West, along the East boun3dry 1.+ne of the said Peterson & Spitznagel tract of land, a distance of 255 feet, more or less, to the Southeast corner thereof; said Southeast corner of the Peterson & Spitznagel tract of land being the True Point of Beginning of this description. Rolling Hills Area 4 f N a 0 7T i 0