Ordinance No. 79-55 CITY OF TIGARD, OREGON
ORDINANCE No. 79- .S�_
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE
25, 1979, WITH RESPECT TO "S.W. VARNS STREET IMPROVEMENT DISTRICT"' APPROVING,
RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR STREET IMPROVEMENTS:
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.
WHEREAS, resolution was duly passed by the City Council of the City
of Tigard at its regular meeting of June 25, 1979, a copy whereof is-hereto
attached and by this reference made a part hereof to the same legal force 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 to assess the costs
thereof against the property within the boundaries specially benefited; and
WHEREAS, by the terms of said resolution a hearing was duly called
to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard,
Oregon on July 9, 1979, at the hour of 8:00 P.M. for the purpose of affording an op-
portunity to any parties aggrieved by the proposal to make objections or remonstrances
to the proposed improvement; and
WHEREAS, pursuant to said resolution, due and legal notice of said hearing
was given by publication in the Tigard Times for consecutive publishings on
June 27, 1979 and July 4, 1979, prior to said hearing; and
WHEREAS, said hearing was duly and regularly called to order and held
in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on
July 9, 1979, at the hour of 8:00 P.M.; and
WHEREAS, by the terms of said resolution and publication, written objections
or remonstrances from not less than 66 2/37 of the owners of property within the
boundaries of said area were invited, and all objections and remonstrances Rs thus
presented prior to and at the hearing represent less than 66 2/37 of the owners of
the property in the area within the improvement assessment district and that the
percentage of remonstrances is not a ban to further proceedings in the making
of said improvements;
WHEREAS, all proceedings to date have been in conformity with 223.387 and
223.389 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City
of Tigard, and all procedures were regularly and lawfully conducted,
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That all matters set forth in the resolution of the City Council of
the City of .Tigard, Oregon, on June 25, 1979, a copy whereof is
hereto attached marked Exhibit "A" and by reference herein made a part hereof to the
same legal force and effect as if set forth herein in full, be, and the same are
hereby approved, ratified, and confirmed, and the boundaries of the area known as
"S.W. VARNS STREET IMPROVEMENT DISTRICT" as heretofore described in said resolution,
be, and the same are hereby, declared and fixed in accordance with said description.
Section 2: That the City Council of the City of Tigard, having acquired jurisdiction
to order the improvement to be made, does hereby authorize and direct the
street improvements within the boundaries of said "S. W. YARNS STREET IMPROVEMENT
DISTRICT" in conformity in all reasonable particulars with the plans and
specifications by said resolution adopted and hereby ratified and confirmed.
Section 3: That the City Administrator and the City Engineer be, and they are
hereby, directed immediately to invite proposals for the construction
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 August
3, 1979, at the hour of 3:00 P. M., which date and time is hereby designated for
the opening of bids in the City of Tigard, Oregon, City Hall, 12420 S.W. Main
Street, all proposals to be then and there publicly read.
section 4: That inasmuch as it is necessary for the peace, health, and safety of
the people of the City of Tigard that the said improvements be constructed
with the least possible delay, an emergency is hereby declared to exist, and this
ordinance shall become effective upon its passage by the Council and signature by the
Mayor.
PASSED: By the Council, by unanimous vote of all Council ;aembers present,
after be' g�wread two times by number and title only, this .2.3
f day of _, 1979.
i
Recorder - City o£ and
APPROVED: By the Mayor, this ^day of 1979.
1979.
Xr - 4ofigard
.j .
ORD114ANCE No. 79-,gC
CITY OF//TIGARD, OREGON
RESOLUTION No. 79-
JUNE. 25, 1979
A RESOLUTION OF THE TIGARD CITY COUNCIL DECLARING AN INTENTION TO CONSTRUCT CERTAIN
STREET IMPROVEMENTS 14ITIIIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT
DISTRICT, TO BE KNOWN AS "STREET IMPROVEMENT DISTRICT No. 16 (SW VARNS 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.
WHEREAS, the City Council has accepted a petition requesting street, storm and
sanitary sewer improvements and the City Council proposes to improve SW Varns Street,
beginning at its intersection with the Fast right-o€-way line of SW 72nd Avenue and
thence running Easterly 620 feet, more or less; and
WHEREAS the City Council has ordered preparation of preliminary engineering
report pursuant thereto at the Council's meeting of June 29, 1978; 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 hereinafter
described lands by regrading, widening, paving, curbing, construction of sanitary and
storm sewers, the installation of street lights and sidewalks, and underground improvements,
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 & estimates are
satisf tory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD:
(a) That the City Council does hereby deem it expedient and necessary, and
does hereby declare its intention, to improve the aforesaid portion of SW Varns
Street by regrading, widening, paving, curbing, construction of storm and sanitary
sewer and the installation of sidewalks, street lights, and underground improvements.
(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 "SW Varns 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 iuip:-ovements
is $ 4 5,08 0.00 and said cost shall be assessed in full on an equitable basis against
all 1 nds within said improvements district.
(c) That the plans, specifications and estimates with respect to the street
improvements as submitted by the City's engineers 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 9th day of July,1979, at the hour of 8:00 P.M., at Fowler
Junior High School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon, be, and the
RESOLUTION No. 79-_.:Z_4-
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 1979
by causing to have this resolution published in the Tigard Times, issues of June 27,
and July 4, 1979.
(f) Within ten days from the date of the first publication of the notice of this
resolution of 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 filo with the City
Recorder a written objection or remonstrance against the proposed improvements.
Dated at Tigard, Oregon this day of June, 1979.
Mayor
�i
ATTEST;
Recorder
RESOLUTION No. 79-ff
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EXHIBIT "A"
A tract of land being a portion of the S.E. 4, Section 1, T.2S, R.1W, Willamette
Meridian, City of Tigard, Washington County, Oregon and being more particularly
described as follows:
Beginning at a 3/4" iron pipe at the S.W. Corner of Lot 12, Varns Acres, a
duly recorded subdivision; Thence along the West line of said Lot 12,
said line also being the easterly right-of-way of S.W. 72nd Avenue, North
00 38' 13" East, 127:75 feet; Thence South 890 08' 38" East, 28.72 feet;
Thence North 00 37' 20" East, 173.11 feet; Thence North 380 04' 05" East,
32.73 feet to a point on the southwesterly right-of-way line of Beaverton-
Tigard Highway No. 217; Thence along said right-of-way line, South 610
06' 02" East, 132.51 feet; Thence, continuing along said right-of-way, South
610 44' 39" East, 251.52 feet; Thence continuing along said right-of-way in a
southeasterly direction to the Northeast corner of Lot 9, 72nd Business Center,
a duly recorded subdivision said point also being on the westerly line of
Lot 3 of said Varns Acres and the westerly line of that parcel as conveyed to
T.W.L. a co-partnership and recorded in Book 78, Page 13267, Washington County
deed records; Thence along the westerly line of said T.W.L. tract North
00 19' 30" East, 89 feet more or less to a point on the southwesterly right-
of-way line of said Hwy. No. 217; Thence southeasterly along said right-of-
wav line to the Southeast corner of the tract as conveyed to Richard F .G.
Eslick and recorded in Book 79, Page 1621, Washington County deed records;
Thence westerly along the South line of said Eslick tract to the most southerly
Southwest corner of said Eslick tract; Thence, parallel with the West line of
said Lot 3, North 00 19' 30" East, 187.00 feet to an angle point in the
West line of said Eslick tract; Thence, westerly along the southerly line of
the above mentioned T.W.L. tract and the Eslick tract, 138 feet to the
Southwest corner of the said T.W.L. tract, said point also being on the East
line of said 72nd Business Center plat; Thence along the East line of said
72nd Business Center plat North 00 19' 30"East, 278 feet to the Northeast
corner of Lot 8 of said 72nd Business Center; Thence along the North line of
said Lot 8, North 890 18' West, 150.00 feet; Thence South 390 43' 36" West,
70.80 ioet to a point on the northerly right-of-gray of S.W. Fir Loop; Thence
westerly along the northerly right-of--way of said S.W. Fir Loop to the
Southwest corner of Lot 11 of said 72nd Business Center; Thence along the West
line of said Lot 11, North 240 34' 50"West, 32.50 feet; Thence, continuing
along the West line of said Lot 11, North 00 42' East, 165.01 feet to a point
on the southerly line of S.W. Varns Road (C.R. 1286); Thence along said southerly
right-of-way, South 890 20' 38" West, 185.00 feet to the Northwest corner of
Lot 12 of said 72nd Business Center; Thence North 00 39' 22" West, 50.00 feet
to a point on the northerly right-of-way of said S.W. Varns Road; Thence'along
said northerly right-of-way, South 890 20' 38" West, 20.00 feet to the point
of beginning.
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