Ordinance No. 75-01 j
CITY OF TIGARD, OREGON
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ORDINANCE No. 75 -
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF DECEMBER 9,
1974 WITH RESPECT TO THE "STREET IMPROVEMENT DISTRICT No. 1.20.2 (S,W. HUNZIKER STREET)",
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR STREET IMPROVE-
MENTS, DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO, DIRECTING SOLICITATION OF
BIDS FOR CONSTRUCTION OF SAID IMPROVEMENTS, PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS,
AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council of the City of Tigard finds that a resolution was duly passed
by the Council at its regular meeting of December 9, 1974, a copy whereof
is hereto attached and by this reference made a part hereof to the same legal torte
and effect as if set forth herein in full, by the terms of which the boundaries of a
proposed street improvement assessment district were described and the Council declared
its intention to make the improvements as therein described; and by the terms of said
resolution a hearing was duly called to be held for the purpose of affording an
opportunity to any parties aggrieved by the proposal to make objections or remonstrances
to the proposed improvement.
Section 2: The Council finds that pursuant to said resolution, due and legal notice
of said hearing (including the locational change of place) was given by
publication in the Tigard Times for *two consecutive publishings on January 2nd &
9th, 1975 prior to said hearing.
Section 3: The Council further finds that said hearing was duly and regularly called
to order and held in the Administration Offices of Charles F. Tigard Grade
School, 13137 S.W. Pacific Highway, Tigard, Oregon on January 13, 1975 at the hour of
8:00 P.M. whereat all interested persons appeared and were heard, and all written
remonstrances received by the City Recorder up to and at the time of the hearing were
read and ordered to be made a part of the record.
Section 4: The Council finds that all objections and remonstrances as thus presented
prior to and at the hearing, represent less than 66 2/3% of the owners of
the property in the area within the improvement assessment district and that the
percentage of remonstrance is not a bar to further proceedings in the making of said
improvements; and the Council further finds that all proceedings to date have been
in conformity with Sections 223.387 and 223.389 Oregon Revised Statutes and Tigard
M"nicipal Code- Title 13 of the City of Tigard, and that all proceedings were duly
and regularly conducted thereunder and are hereby approved, ratified and confirmed.
Section 5: That said remonstrances and objections to the proposed improvements be,
and the same are hereby, overruled, and the City Council be, and it is
hereby, deemed to have acquired jurisdiction to order the proposed improvements to
be made, and that the boundaries as described in said Resolution of December 9,1974
and as described or. "Exhibit A" hereto attached and by this reference made a part
hereof, are hereby adopted and fixed as the boundaries of the said improvement
assessment district to be benefited and assessed.
Section 6: That the City Council, having acquired jurisdiction to order the improvements
to be made, does hereby authorize and direct the construction of improvement
Within the boundaries of said "Street Improvement District No. 1..20.2 (S.W. Hunziker
Street)" in conformity in all reasonable particulars with the plans and specifications by
said Resolution adopted and hereby ratified and confirmed, with the following exceptions
if any:
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section 7: That the City Administrator and the City Engineer be, and they are hereby
directed to immediately invite proposals for the constructions of said
improvements by publication in the Tigard Times in not less than two consecutive issues.
The first publication to be not less than ten (10) days prior to February 27, 1975
at the hour of 4:00 P.M., which date and time is hereby designated for the opening of
bids in the Tigard City Hall, 12420 S.W. Main Street, Tigard, Oregon, all proposals
to be then and there publicly read.
Section 8s Inasmuch as it is necessary to the peace, health and safety of the
peoplk of the City of Tigard that the said improvements be constructed
-rith the least possible delay, an emergency is hereby declared to exist and this
ordinance shall be effective upon its passage by the Council and signature by the
Mayer.
PASSED: By the Council, by unanimous vote of all Council members present, fter
being read three times by title and number this I', day of ,
1975.
Cit - City of Tigayd
APPROVED: By the Mayor this _/.3 day ofk j&tj ez a , 1975.
Mayor City of Tigarl
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PAGE 2 - ORDINANCE No. 75-._L—
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CITY OF TIGARD, OREGON
RESOLUTION No. 74-(,:,—)
DECEMBER 9, 1974
RE;;LUTION OF THE TIGARD CITY COUNCIL DECLARING AN INTENTION TO CONSTRUCT CERTAIN
STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT" ASSESS-
MENT DISTRICT, TO BE KNOWN AS "STREET IMPROVEMENT DISTRICT No. 1.20.2 (S.W.
NUNZIKER STREET)"; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE
BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING
PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND
SETTING A PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF.
twXERE E, the Cit- Council proposes to improve S.W. Hunziker Street, beginning
at its intersection with the East right-of-way line of S.W. Hall Boulevard ar id.
thence running Easterly 2800 feet more or less to a terminal point; and
WHEREAS, pursuant to Chapter 13.04 of the Tigard Municipal.Code the City
Council finds it expedient and necessary to order the improvement of the here-
inafter described lands by regrading, widening, paving, curbing, construction
of storm sewers, the installation of a sidewalk and pursuant thereto the City's
Engineer has submitted to the Council plans, specifications and estimates for
the work to be done and the probable cost thereof together with a statement of
the lots, parts of lots and parcels of land to be benefited and the apportionment
of the total cost of the improvements which each of said lots, parts of lots and
parcels of land shall be assessed on account of the benefits derived; and
WHEREAS, the Council finds that said plans, specifications and estimates
are satisfactory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD
as follows: -
(a) That the City Council does hereby deem it expedient and necessary, and
does hereby declare its intention, to improve the aforesaid portion of S.W.
Hunziker Street by regrading, widening, paving, curbing, construction of stoim
sewers, and the installation of a sidewalk.
(b) That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be a street improvement assessment
district, to be known as "S.W. Hunziker Street Improvement District", and it is
further declared that each lot, part of lot and parcel of land within said
boundaries will be especially benefited by said improvements, and that the
.estimated cost of all potential improvements is 187,400.00 and 807 of said cost-
shall be assessed on an equitable basis against all lands within said improvement
district and 20% of said cost shall be borne by the City of Tigard in recognition
of a general city-wide benefit.
(c) That the plans, specifications and estimates with respect to the street
improvements as submitted by the City's Pngineers be, and the same are hereby,
adopted and ordered to be maintained on file by the City Recorder for public
inspection.
(d) That Monday, the 23rd day of December, 1974, at the hour of 8:00 P.M.,
at Charles F. Tigard Grade School, 13137 S.W. Pacific Highway, Tigard, Oregon, be,
and the same are hereby set as the time and place for hearing and considering
objections or remonstrances to the proposed improvement by any parties aggrieved
thereby.
(e) That the City Recorder be, and she is hereby, directed to give notice
by causing to have this resolution published in the Tigard Times, issues of
December 12, 1974 and December 19, 1974.
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M Within ten days from the date of the first publication of the notice of
this resolution, the owners of 66 2/37, or more in area of the property.within the
boundaries described on "EXHIBIT A" hereto attached, may make and file with the
City Recorder a written objection or remonstrance against the proposed improvement.'
Dated at Tigard, Oregon this day of 1974. j
mayor Q V�
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ATTEST:
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Recorder
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RESOLUTION No. 74- (a
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EXHIBIT "A"
(Boundary of S.W. Hunziker L.I.D.)
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That portion of land situated in Sections 1 and 2 of 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
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Halter 10 acre tract in the W.W. Graham D.L.C. No. 39 in said
Section 1; thence West 10 feet to a pipe; thence North 340.3 feet
4: to the Southeast corner of that tract of land conveyed to Keith R. %
Peterson & Carl S. Spitznagel, by deed recorded in Book 731, on
(' Page 917, in said County's Deed Records; said corner of the
Peterson & Spitznagel 2:02 acre tract being the True Point of
Beginning of this description; runninq thence West, along the
South boundary line of the said Peterson & Spitznagel tract of
land, a distance of 334.7 feet to the Southwest corner thereof; .
said Southwest corner of the Peterson & Spitznagel tract being
a point on the East boundary line of that tract of land conveyed +
4
to Sam R. Jost et. ux., by deed, recorded in Book 336, on Page 53 ,
in said County's Deed Records; thence South, along the East boundary
line of said Jost tract of land, a distance of 68 feet, more or less,
to the Southeast corner thereof; thence West, along the South boundary
line of.said Jost tract of land, a distance of 330 feet to the
Southwest corner thereof; said Southwest corner of the Jost tract
being a point on the East boundary line of that tract of land con-
veyed to L.H- & B. Nichols and F.W. & S. Fields, by deed, recorded
in Book 606, on Page 590, in said County's Deed Records; thence
South 010 14' 30" West, along the East boundary line of said Nichols
and Fields tract of land, a distance of 940 feet, more or less, to
the Southeast corner thereof; said Southeast corner of the Nichols
and Fields tract also being the Northeast corner of that tract of land
conveyed to Fred W. & Suzanne Fields, by contract, recorded in Book
933, on Page 75, in said County's Deed Records; thence continuing ! !
South 010 14' 30" West, along the East boundary line of said Fred II
and Suzanne Fields tract of land a distance of 1085 feet, more or. '
less, to the Southerly most corner thereof; said.Southerly most corner
of the Fred& Suzanne Fields tract being a point on the Northeast- j
boundary line of the Southern Pacific Railroad Company right-of-way
thence Northwesterly, along the Northeast right-of-way boundary line
of said Railroad Company tract, a distance of 2336 feet, more or less,
- to the Southwest corner of that tract of land conveyed.to Georgia
Pacific Corporation, by deed, recorded in Book 768, on Page 429,
in said County's Deed Records; thence North 460 50' East, along the
Northwest boundary line.of said Georgia Pacific Corporation tract of
land, a distance of 195.5 feet to the most Southerly corner of that
tract of land conveyed to Western Foundry Company, by deed, recorded is
in Book 706, on Page 311, in said County's Deed Records; thence North
410 46' West, along the Southwest boundary line of said Western
Foundry company tract of land, a distance of 613.80 feet to the most } !
Westerly corner thereof; thence North 430 17' East, along the North-
west ]ioundary line of said Western Foundry; Company tract ofland, a
distance ofi350.0 feet to the Southerly most corner of that tract of
land conveyed to M. Trumbo Company, by deed, recorded in Book 848, on
Page 584, in said county's Deed Records; thence North 410 46' West,
along the Southwest boundary line of said M. Trumbo Company tract of
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end, a distance of 300 feet, more or less; to the most Westerly
corner thereof; thence North 480 14' East, along the Northwest
boundary line of said M. Trumbo Company tract of land, a distance
sof 358.23 feet to the Westerly most Northwest corner thereof; saO
Westerly most Northwest corner of the M. Trumbo Company tract of
land being a point on the South boundary line of that tract'of land
conveyed to E. c. Hunziker, by deed, recorded in Book 215, on Page
193, in said County's Deed Records;;thence North 600 59' West,- along-
the South boundary line of said Hunziker tract of land, a distance-
of 460 feet, more or less, to the Southerly most Southwest corner ,'
thereof; thence North 290 01' East 100.0 feet and North 600 59! West
162.28 feet to the Westerly most Southwest corner-thereof; said
IC .Westerly most Southwest corner of the Hunziker tract of land being :a-,�
r.. point in the centerline of (60 foot wide) State Secondary Highway ` '
No. 141 (S.W. Hall Boulevard); thence North 00o� 45' West, .along the c:=_ _
centerline of said State Highway, a distance of 278 feet, more or
lees; to a roint of intersection with a Westerly extension of the
North boundary line of Lot 5 ofoKnoll Acres, a subdivision of record
in said County; thence North 89 15' East, .along the-said extension
of the North line of Lot 5; a. distance of 30 feet to the Northwest
corner of said Lot 5 of Knoll Acres subdivision; thence continuing.;
North 890 15' East, along the North boundary line of Lot 5, a
distance of 161.0 feet t0 the Northeast corner thereof; said North-
east corner of Lot 5 also being the Northwest corner of Lot 6 of
said subdivision; thence South 600 59' wast, along the North boundary
line of Lot 6, a distance of 80.0 feet to the Northeast corner thereof;
said Northeast corner of Lot 6 also being the Northwest corner of
Lot 7 of said subdivision; thence continuing South 600 59' East, along
the North boundary line of Lot 7, a distance of 66.1 feet to the
Northeast corner thereof; thence South 520 53' 08" East, crossing
(50 foot wide) S.W. Knoll Drive, a distance of 51.54 feet to the
Northwest corner of Lot 5 of Tigardia Terrace, a subdivision of
record in said County; thence South 670 13' East, along the North
boundary line of Lot 5, a distance of 89.0 feet to the Northeast
corner thereof; said Northeast corner of Lot 5 also being the North-
west corner of Lot 4 of said subdivision; thence continuing South i
670 13' East, along the North boundary line of Lot 4, a distance +
of 84,0 feet to the Northeast corner thereof; said Northeast corner OfLLot
4 also being the Northwest corner of Lot 3 of said subdivision; thence
continuing South 670 13' East, along the North boundary line of Lot 3,
a distance of 80.16 feet to the Northeast corner thereof; said North-
east corner of Lot 3 being a point on the East boundary line of said
Tigardia Terrace subdivision; thence North 220 47' East, along the
East boundary line of Tigardia Terrace a distance of 150.0 feet to the
initial point thereof; said initial point of Tigardia Terrace being a
point on the West boundary line of that tract of land conveyed to
E.W. "& P. Koning, by deed, recorded in Book 415, on Page 466, in said
County's Deed Records; thence continuing North 220 47' East, along the
East boundary line of said Koning tract of land, a distance of 403.65
feet to the Northwest corner thereof; said Northwest corner of the
Koning tract of land being a point on the South boundary line of
Tigard Road,Gardens, a subdivision of record in said County; thence
North 820 37' West along the South boundary line of Tigard, Road
Gardens, a distance of 453.92 feet to the Southwest corner of Lot 7
thereof, thence. North 130 44' 00" West, along the West boundary line
of Lot 7, a distance of 366.0 'feet_to the Northwest corner thereof
thence North 830 04' West, along the North boundary line of Lot 7,
u page 3 ".
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a distance of 279.5 feet to the Northeast corner thereof; thence
South 200 08' East, along the East boundary line of Lot 7, a '
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distance of 137 feet, more r less, to a point of intersection with
a Westerly extension of the Nor27�b5OndEast�lalong .ne of said3extensof gond
Road Gardens; thence North 84
of the North line. of Lot 3, a distance of 41.4 feet to the Northwest
corner of said Lot 3 of Tigard Road Gardens; thence continuing North
y line of Lot 3, a distances'
840 271a 50" East, along the North boundar
of 216.8 feet to the
e Northeastcorner there line of unnamed (60 foot
of Lot 3 being a p 57thence continuing North 840 27'
wide) dedicated public right-of-Way% •
_50" East, along an Easterly extension�of the North line of Lot a of
Tigard Road Gardens, a distance of 62.01IC feet to a point of intersection
with the
200East 10' boundary ng thefEastdunnamed boundary linelofright-o-jF-way; thence
said unnamed public
North of 10 West, along the
right-o£-way, adi *a�feland 5conveyedfeet mtoeLakeside
less,
Devvelopmenttcompany,
uu lies of U.'at tract
by deed recorded in _:kook8190
on
Page 553,ong the in saidNortcounty's Deed of
Records; thence South 83 40 tract of land, a distance of"136 feet,
said Lakeside Development Company
more or less, to a point thereon; thence North Development
10' East, continuing
ompany
along the North boundary line of said Lakeside ntethereon;Cthence
tract of land, a distance. of 94.33 feet, o a p
North 000 08' West, continuingalong
of
lonthe
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Lakeside Development company and�rahidstanceyofrne of d
158 feet,
more or less, to a point of intersection with the Southwest right-of-
way boundary line tState Highway
Frelong the southwestboundary
Freeway No. 217}:
line of said State Secondary Highway No. 144, crossing (40 foot
State S.W. Hunziker Street and continuing Southeasterly along
Secondary Highway No. 144 boundary line, a total distance of 3115
feet,
more or Less, to the Easterly S.
itznaheltract
scorner
of land; thence
aforesaid Keith R. Peterson & Carl S. Sp 9
South 00° 43' 39" West, along the East boundary line of said Peterson
and Sp000 434 l tract of land, a distance of 255 feet, more or less,
to the True Point of Beginning of this Description. Containing.
approximately 132.72 Acres.
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