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Ordinance No. 84-17 t CITY OF TIGARD, OREGON ORDINANCE NO. 84-1 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF FEBRUARY 27, 1984, WITH RESPECT TO THE BOUNDARIES OF THE DARTMOUTH STREET LOCAL IMPROVEMENT DFcTRICT (LID #40) ESTABLISHING THE DISTRICT; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF THE HEARING HELD WITH RESPECT TO THE IMPROVEMENT; AND DETERMINING THE BENEFITED PROPERTIES TO BE ASSESSED. WHEREAS, Resolution No. 84-14 was passed by the City Council of the City of Tigard at its regular meeting of February 27, 1984, which described the boundaries of a proposed street improvement assessment district, and which declared the Council's intention to construct a street, including curb, sidewalk, streetlights, traffic signal, storm sewer, waterline, sanitary sewer and appurtenances thereto, and to assess the costs for the inprovements against the property within the boundaries which have been found to be specially benefited; and WHEREAS, pursuant to the resolution, legal notice of the hearing scheduled for March 12, 1984 was given by publication in the Tigard Times for consecutive publishings on March 1 and 8, 1984, prior to the hearing; and WHEREAS, by the terms of the resolution a hearing was held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon on March 12, 1984, at 7:30 p.m. and was continued to March 26, 1984 at 7:30 p.m. for the purpose of affording an opportunity to any parties effected by the proposal to make objections or remu►istrr.ncev to the proposed improvements. The plans and specifications for the improvement and estimates of the work to be done and the probable costs of the improvement together with the percentage of the total cost of the improvement which each lot should pay were available to the public at the meeting and prior to the meeting; and WHEREAS, by the terms of the resolution and published notice, written objections or remonstrances from not less than 66 2/3% of the owners of property within the bound-fries of the area were invited as provided by TMC 13.04.050, and all objections and remonstrances presented prior to the hearing 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 remonstrances is not a ban to further proceedings in the making of the improvements; and WHEREAS, all proceedings to date have been in conformity with State Statute, the Tigard Charter, Chapter IX, 538, and Tigard Municipal Code, Title 13, and all procedures were regularly and lawfully conducted. NOW, THEREFORE, THE, CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Resolution No. 84-14, adopted by the Cil--y Council on February 27, 1984, and attached and marked as Exhibit "A" shall be adopted as a part of this ordinance subject to the amendments set forth in Section 5 of this ordinance. The amendments are a result of the public hearing proceedings, and the amended resolution is hereby approved, ratified, and confirmed, and the boundaries of the area known as DARTMOUTH IMPROVEMENT DISTRICT as described in the s resolution, are declared . and fixed in accordance with the '{ description. Section 2: The City Council having acquired jurisdiction to order the improvement to be made, does hereby authorize the formation of the local improvement district and directs the Finance D' to prepare the Preliminary Assessment Roll. erector Section 3: The City Council further authorizes the acquisition of land as provided by State law and the Tigard Municipal Code and the construction of a street: improvement within the boundaries of the DARTMOUTH IMPROVEMENT DISTRICT in conformity in all reasonable particulafs With the plans and specifications adopted as part of Resolution No. 84-14 and hereby ratified and adopted by this ordinance. Section 4: The estimated costs and expenses of the improvement assessed against the specially benefited properties is $1,995,700.00. The estimated cost includes the cost of construction and installation of the improvements; advertising, legal, administrative, survey, engineering, notice, supervision, materials, labor, contracts, equipment, inspections and assessment costs; financing costs including interest charges; the costs of necessary property, right-of-way or easement acquisition and condemnation proceedings; attorney's fees and any other necessary expenses. Section 5: All lands situated wit;ir, the boundaries described on the attached Exhibit "A" are determined and declared to be a street improvement assessment district, and it is further declared that each lot, part of lot and parcel of lard within said boundaries w 11 be especially benefited by said improvements, and that the estimated cost is $1,995,700.00 for the improvements including land acquisition costs, the assessable cost are estimated to be $1,995.700.00 which shall be asseseed in full, according to benefit against all lands within said improvement district. � < Benefit for the purposes of LID #40 is hereby determined to be derived according a property's ability to develop as set forth in the Comprehensive Plan for the City of Tigard. Four properties Y in part or whole as provided below are excepted from the District and they are the Alexander property (Tax Map #lS1 36 CD Lot #1800 & 1900), the Hedgepeth/Stewart property (Tax Map #1S1 36 DC Lot #4402) and the Vasey property (Tax Map #2S1 lAA Lot #2800) which are substantially developed and therefore receive no benefit, also the Probstfield property (Tax Map # 1S1 36CD Lot #1700) EXCEPT the southerly 10,000 square feet which is substantially developed and therefore receives no benefit. Section 6: The Tigard City Council finds that the DARTMOUTH LOCAL IMPROVEMENT DISTRICT improvements are of the character described in ORS 223.205, and that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 - 287.515° t 747 stir Section 7: This ordinance shall be effective on and after the 30th day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day }� of 1984. Deputy City Recorder - City of Tigard APPROVED: This CY day of , 1984. Mayor pro tem - City of Tigard APPRO,D AS TO FORM: City A`torney f r lw/141SA s' CITY OF TIGARD, OREGON RESOLUTION NO. 84-1j_ DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS DARTMOUTH STREET IMPROVEMENT DISTRICT NO. 40 DESCRIBING THE PROBABLE TOTAL COST Tuve"^„ DEFINING THE BOUNDARY 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 PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. WHEREAS, the City Council has accepted non-remonstrance agreements, petitions requesting street improvements and has ordered preparation of the preliminary engineering report, pursuant thereto, at the Council's regular meeting of April 25, 1983, and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it expedient and necessary to order the improvement of the hereinbelow described lands by construction of street facilities and appurtenances thereto, 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 *nd parcels of land to be benefited and the apportionment of the total cast of the improvements which each of said lois, 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 de­:m it ^rpedient and necessary, and does hereby declare its intention to improve the aforesaid Dartmouth Street by construction of curb, sidewalk, streetlights, street, traffic signal, storm sewer, waterline, sanitary sewer facilities and appurtenances thereto. (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 Dartmouth 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 total estimated cost of $1,995,700 for said improvements shall be assessed in full, on a zone basis, against all lands within said improvement district. RESOLUTION NO. 84-_(IL_ k PAGE 1 i i (c) That the plans, specifications and estimates with respect to the � xV 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 12th day of March, 1984, at the hour of 7:30 P.M. , at Fowler Junior high School Lecture Room, 10865 S.W. Walnut, Tigard, Oregon, be, and the same are hereby se . 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 March 1, 1984 and March 8, 1984. (f) Within ten days from the date of the first publication of the notice of this resolution of the owners of 66 2/3% or more in the 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 improvements. PASSED: This day of 1984, by the Council of the City of Tigard, Oregon. t.. Cit of Tigard Y Y ATTEST: eputy Recon er - City of Tigard (JH:pm/00685) �r RESOLUTION NO. 8444 Page 2 w "i AA LEGAL DESCRIPTION FOR DARTMOUTH EXTENSION STREET LOCAL IMPROVEMENT DISTRICT A portion of land situated in the South half of Section 36, T.1S. , R.1W. , W.M., and the North half of Section 1, T.2S. , R.1W., W.M. , Washington County, Oregon and more particularly described as follows: Beginning at the Northeast corner of Lot 19, Twin Oaks Lane Subdivision, said point being on the Southeast right-of-way line of Pacific Highway; thence Northeasterly along the Southeast right-of-way line of Pacific Highway 25 feet more or less to the intersection of the right-of-way line with a line 20 feet east of and parallel to the East line of said Twin Oaks Lane, said poi::t being the True Point of Beginning; thence, Southerly along a line 20 feet east of and parallel to the east line of Twin Oaks Lane 1701 feet more or less to the north line of Lot 8, Palmer Acres; thence Westerly, 20 feet more or less to the West line of Palmer Acres; thence Southerly along said West line to a point on the Northeast right-of-way line of the Beaverton-Tigard Highway (Oregon State Highway No. 217); thence Southeasterly along said right-of-way line to a point on the South line of Palmer Acres; thence Easterly along said South r, line to the Southeast corner of Palmer Acres ; thence (' Southeasterly, 25:3 feel iito a o lays zl ng -!+� wTnr+r, �,inP �£ the W. Graham D.L.C. to the Northwest corner of Lot 23, Hermosa Park Subdivision; thence 5.84'26'W. along the North boundary of Hermosa Park 277 feet more or less to the Northeast corner of Lot 21, Hermosa Park; thence N.0°40'W. , 257 feet more or less along the West _line of Lot 8, Hermosa Park to the Northwest corner of said lot; thence S.83°00'E, 820 feet more or less along the most Northerly line of Hermosa Park to a point on the West right-o£-way line of Southwest 72nd Avenue; thence Northerly along said right-of-way line 108 feet more or less to a point on the South line of Tax Lot 402 of the NW 1/4 of Section 1, T.2S. , R.I.W. , W.M. , Washington County, Oregon; thence N.89001 'W, 153.6 feet more or 'less along said South line to an angle point in the South line of said lot; ".'pence N82046'W to the Southwest corner of said tax lot; thence N82°46'W along the South line of Tax Lot 400 of said section to the Southwest corner of said Tax lot; thence N.4015'E. , 153 feet more or less to the Northwest corner of said tax lot; thence 5,84°23'E. , 236 feet more or less along the North line of said Tax Lot 400 to a point on the West right-of-way line of Southwest 72nd Avenue; thence Northerly along said right-of-way to a point which is on the Westerly projection of the North line of Tax Lot 101 of the N.W. 1/4 of the NE 1/4 of Section 1, 122S, R1W. W.M. of said section, thence Easterly, 40 feet more or less along said projection to the East right-of-way line of said 72nd Avenue; thence Easterly, 238 feet more or less to thG Northeast corner of said Tax Lot 101; thence Southerly, 125 i 786.10/190.73 -1- y feet more or less to the Southeast corner of said Tax Lot, f thence Easterly, 312 feet more or less along the South line of Tax Lot 100 of said section to a point on the West right-of-way line of Southwest 70th Avenue; thence Easterly, 30 feet perpendicular to said right-of-way line to a point on the East right-of-way line of said 70th Avenue; thence Southerly along said right-of-way to the Northwest corner of Lot 17, Block 20, Portland Heights subdivision; thence Easterly, 119 feet more or less to the Northeast corner of said lot; thenca Northerly, 200 feet more or less, to the Northwest corner of Lot 36, Block 20, Portland Heights Subdivision; thence Easterly, 100 feet more or less, along the North line of said Lot to a point on the West right-of way line of Southwest 69th Avenue; thence Northerly, 435 feet more or less along said right-of-way line to the Northeast corner of Lot 33, Block 11, Portland Heights; thence Westerly, 100 feet more or less to the Northwest corner of said lot; thence Southerly, 125 feet more or less to the Northeast corner of Lot 17, Block 11, Portland Heights; thence Westerly, 122 feet more or less along the North line of said Lot 17 to a point on the East right-of-way line of Southwest 70th Avenue; thence Westerly, 30 feet perpendicular to said right-of-way line to a point on the West right-of-way line of said street; thence Northerly along said right-of-way line to a point on the Easterly projection on the North line of Lot 30, Fruitland Acres Subdivision; thence Westerly along said projection to the Northeast corner of said Lot 30; thence Westerly, 384 feet along the Northline of said lot to the Northeast corner of Tax .-- �r Jn .. __cot t inn 36. T.1S. , Lot 4300, 0i 61tC i7Yv �/s ij R.1W. , W.M. , Washington County, Oregon; thence Southerly, 100 feet more or less to the Southeast corner of said lot; thence Westerly, 200 feet more or less, along the South line of said lot to a point on the East right-of-way line of Southwest 72nd Avenue; thence Westerly, 40 feet perpendicular to said right-of-way line to a point on the West right-of-way line of said street; thence Northerly along said right-of-way line to the Southeast corner of Tax Lot 2401 of said section; thence Westerly, 80 feet more or less to the Southwest corner of said tax lot; thence Northerly, 133 feet more or less along the West dine of said tax lot to the Northeast corner of Tax Lot 2400 of said section; thence Westerly, 723 feet more or less to the Northwest corner of said Tax Lot; thence Northerly to the Northeast corner of Tax Lot 2002 of the SE 1/4 of the SW 1/4 of said section 36; thence Westerly, 315 feet more or less to the Southeast corner of Tax Lot 1700 of said section; thence Northwesterly along the Northeast line of said tax lot to a point on the Southeast right-of-way line of Pacific Highway (Highway 99 West) ; thence Southwesterly along said right-of-way line to the True Point of Beginning. 786.10/190.73 -2- '. qw -449 AMR •.. � +.t. �. 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