Resolution No. 69-09 RESOLUTION OF THE CITY COUNCIL OF TIGARD, OREGON, DECLARING IN-
TENTION TO CONSTRUCT A SANITARY TRUNK SEWER IN AN AREA DETERMINED
TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS DERRY
DELL TRUNK SEWER IMPROVEMENT DISTRICT PROVIDING FOR THE ASSESSMENT
OF THE TOTAL COSTS AGAINST ALL LANDS IN THE DISTRICT AS BEING
SPECIALLY BENEFITED AND SUtTING A HEARING AS PASSED BY THE CITY
C COUNCIL OF TIGARD, OREGON, AT ITS REGULAR MEETING OF RUNE 23, 1969
WHEREAS, the City Council proposes to delineate a sewer
improvement assessment district for the purpose of constructing a
sewer trunk line to service the hereinafter described lands within
an area to be known as the Derry Dell Trunk Sewer Improvement Dis-
trict, and
WHEREAS, pursuant to Ordinance 62-6 the City Council finds
it expedient and necessary to order the improvement of the herein-
after described lands by the construction of sewer trunk facilities
and pursuant thereto the City Engineer has submitted to the Council
plans, specifications, and estimates for the work to be done and
the probable costs thereof together with a statement of the lots,
parts of lots and parcels of land to be benefited, and the total
cost of the improvements which each of such lots, parts of lots and
parcels of lands shall pay on account of the benefits to be derived,
and,
WHEREAS, the City Council finds that such plans, specifi-
cations and estimates are satisfactory,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Tigard as follows:
(a) That the City Council does deem it expedient and
necessary and does hereby declare its intention to construct a
sanitary sewer system for the purpose of providing sewer service
to the area within and without the City of Tigard as described on
the attached sheet marked "Exhibit A" and by reference made a part
hereof.
(b) That all lands situated within the boundaries des-
cribed on the attached "Exhibit A are determined and declared to
be a sewer improvement assessment district and it is further de-
clared that each lot, part of lots, and parcel of land within said
boundaries will be specially benefited by the said improvement and
the total estimated cost of $151,000.00 for said improvement, of `
which $116,000.00 shall be assessed against all lands within said
district.
(c) That the total probable cost of said improvement,
including engineering, right of way, superintendance, advertising
and legal expense to be assessed against said lands within said
district, is the sum of $151,000.00; and of said total sum,
$35,000.00 shall be paid by the City, and the sum of $116,000.00
by the property owners, and that said sums are based upon a reason-
able relationship between the benefits derived by the properties
especially assessed, and the benefits derived by the City as a
whole.
(d) That the plans, specifications and estimates with
respect to the sewer improvement as submitted by the City's
Engineers be, and the same are hereby, adopted and ordered to be
Resolution 69-9
maintained on file by the City Recorder for public inspection.
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(e) That Monday, the 14th day of July, 1969, at the
hour of 8:00 P.M. and the Tigard Community Center, 8845 S.W.
Commercial Street, Tigard, Oregon, be, and the same are hereby,
set as the time and place for hearing and considering objections
C or remonstrances to the proposed improvement by any parties
aggrieved thereby.
(f) That the City Recorder be, and she is hereby,
directed to give notice by causing to have this resolution pub-
lished in the Tigard Times, issues of June 27, July 3 and 10, )
1969.
(g) withinten days from the date of the first publi-
cation of the notice of this resolution, the owners of 66 and 2/3%
or more in area of the property within the boundaries described on
"Exhibit A" hereto attached, may make and file with the City Clerk
a written objection or remonstrance against the proposed improvement.
Dated at Tigard, Oregon this ,�3�`{ - day of June, 1969.
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or- Cit i Tigard
ATTEST.-
City
TTEST:City Recorde��of Tigard
RESOLUTION No. 69-__�L_
47
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EXHIBIT "A„
DERRY DELL SEWER IMPROVEMENT DISTRICT
That portion of land in Sections 2, 3 and 10, Township 2
South, kange 1 West, Willamette Meridian, Washington County, Oregon,
being more particularly described as follows:
Beginning at an iron pipe set at the Northwest corner of Lot 1
of North Tigardville Addition (Amended Plat), a subdivision of record
in said County; thence North 890 23' East 465.30 feet, along the
North boundary line of said Lot 1, to the Northeast corner of that
tract of land conveyed to Thomas and Katheren Whittaker, Book 740,
Page 543, Deed Records of said County; thence Southerly along the
Easterly boundary line and Southerly extension thereof of the said
Whittaker tract, to a point of intersection with the centerline of
County Road No. 494 (S. W. Walnut Street); thence North 570 54' West,
along the said County Road centerline, to a point of intersection
with a Northeasterly extension of the Southeasterly boundary line of
that tract of land conveyed to Howard and Margaret Gass, Book 579,
Page 67, Deed Records of said County; thence South 470 02' West 1138.1
feet, along the Southeast boundary line and said extension thereof, to
the Southerly most corner of the said Howard and Margaret Gass tract,
said Southerly most corner also being a point on the Easterly boundary
line of that tract of land conveyed to Virginia Olsen, Book 435, Page
419, Deed Records of said County; thence South 00 57' West, along the
Easterly boundary line of the said Olsen tract, to the Southeast cor-
ner thereof, said corner also being a point on the South line of the
John L. Hicklin D.L.C. 37; thence South 870 13' West, along the said
Hicklin D.L.C. South line, to the Westerly Southwest corner of the
said Hicklin D.L.C.; thence South 1220 feet, more or less, to the
Southeast corner of that tract of land conveyed to Curtis C. and
Julia Tigard, Book 313, Page 599, Deed Records of said County, said
corner also being a point in the center of S. W. 110th Avenue; thence
South 890 30' West 25 feet, more or less, to the Westerly right-of-
way boundary line of S. W. 110th Avenue; thence Southerly, along the
said 110th Avenue boundary line, to the point of intersection with '
the North line of that tract of land conveyed to First Baptist Church,
Book 487, Page 536 (less: book 735/page 737), Deed Records of said
County, said point of intersection also being 18.4 feet Westerly of
the Northeast corner of the said Baptist Church tract; thence South
8900 35' West 91.6 feet to the Northwest corner thereof; thence South
0 11' East 198 feet to the Southwest corner thereof; thence North
890 35' West 110 feet to the Southeast corner thereof; thence South
00 11' West 174 feet, more or less, to a point of intersection with
the centerline of County Road No. 411 (S.W. Gaarde Street); thence
Easterly and Southeasterly, along the said County Road No. 411 cen-
terline, to a point of intersection with a Northeasterly extension
tit of the Southeasterly property line of that tract of land conveyed to
y T. R. and L. J. Whiteman, Book 446, Page 740, Deed Records of said
1, County; thence South 330 53' West 323.1 feet, more or less, to the
most Northerly corner of that tract of land conveyed to M. W. Kline,
Book 535, Page 671, Deed Records of said County; thence Southeasterly
to the most Easterly corner thereof, said most Easterly corner thereof
also being a point on the Northwesterly right-o£-way boundary line of
S.W. Pacific Highway? thence Southwesterly, along the said Pacific
Highway boundary line, to a point of intersection with the Northerl,
boundary line of that tract of land conveyed to Arthur and Ester L.
Poulin, Book 624, Page 642, Deed Records of said County; thence
Westerly to the Northwest corner thereof; thence Southerly to the
_ Southwest corner thereof; thence Easterly to the Southeast corner
thereof, said Southeast corner being a point on the said Pacific
Highway boundary line; thence Southwesterly,along the said Pacific
Highway boundary line, to a point on a line which lies 200 feet South
r,
of, and parallel to, the Southerly boundary line of County Road No.
A-147 (S.W. .Bull Mountain Road); thence Southwesterly, parallel with
C,
said County Road No. A-147, to a point on the Westerly boundary
line of that tract of land conveyed to David and Beverly Paull,
Book 513, Page 154, Deed Records of said County; thence North 00
05' West 230.63 feet, along the said David and Beverly Paull
boundary line, to a point on the centerline of said County Ro-d
�. No. A-147; thence North 780 17' East, along the said County Road No. A-147 centerline,to a point of intersection with a Southerly
extension of the Easterly right-of-way boundary line of S.W. 114th
Avenue; thence Northerly, along the said 114th Avenue boundary line,
to the Northwest corner of that tract of land conveyed to Christ
the King Lutheran Church, Book 483, Page 250, Deed Records of said
County; thence Easterly, along the Northerly property line thereof,
to the Southwest corner of that tract of land conveyed to Christ
the King Lutheran Church, Book 452, Page 206, Deed Records of said
County; thence Northerly to the Northwest corner thereof, said
Northwest corner also being a point on the Southerly property line
of that tract of land conveyed to Albert G. and Virginia Misterek,
Book 484, Page 43, Deed Records of said County; thence, Easterly to
the Southeast corner thereof; thence, Northerly to the Northeast
corner thereof; thence, Westerly to the Northwest corner thereof,
said Northwest corner being a point on the said 114th Avenue boundary
line; thence, Northerly, along the said 114th Avenue boundary line,
to the Southwest corner of that tract of land conveyed to Bruce L.
and Carolyn Hollister, Book 424, Page 87 (also: Book 427, Page 507),
Deed Records of said County; thence, Easterly to the Southeast corner
thereof; thence, Northerly to the Northeast corner thereof; thence,
westerly to the Northwest corner thereof, said Northwest corner being
a point on the said 114th Avenue boundary line; thence Northerly,
along the said 114th Avenue boundary line, to the Southwest corner of
that tract of land conveyed to Velma Ewen, Book 495, Page 467, Deed
Records of said County; thence, Easterly to the Southeast corner
thereof; thence, Northerly to the Northeast corner thereof; thence
Westerly to the Northwest corner thereof, said Northwest corner being
a point on the said boundary line of 114th Avenue; thence Northerly,
along the said 114th Avenue boundary line, to the Southwest corner of
that tract of land conveyed to Michael A. and Donna M. Wagner, Book
654, rage 132, Deed Records of said County; thence, Easterly to the
Southeast corner thereof; thence, Northerly to the Northeast corner
thereof, said Northeast corner also being the Southeast corner of
that tract of land conveyed to Anna Hales, Book 458, Page 168, Deed
Records of said County; thence Northerly, along the said Hales
Easterly property line and Northerly extension thereof, to a point
of intersection with the centerline of S.W. Gaarde Street; thence
South 890 50' West, along the said Gaarde Street centerline, to a
point of intersection with a Southerly extension of the Westerly
property line of that tract of land conveyed to First Baptist Church
of Tigard, Book 463, Page 43, Deed Records of said County; thence
Northerly, along the said Baptist Church Westerly property line and
extension thereof, to the Northwest corner of the said Baptist Church
tract; thence North 000 24' East 660 feet, more or less, to the North-
east corner of Virginia Acres No. 2, a subdivision o2 record in said
County; thence South 690 54' West 820.02 feet, n,lre or less, to the
centerline of County Road No. 358 (S.W. 115th avenue); thence South-
erly, along the said County Road No. 358 centerline, to a point of
intersection with an Easterly extension of the Northerly property
line of that tract of land conveyed to Howard and Lillian Atkins,
(` Book 721, Page 625, Deed Records of said County; thence Westerly 165
feet, more or less, to the Northwest corner thereof; thence, Southerly
104 feet, more or less, to the Southwest corner thereof; thence,
Easterly 165 feet, more or less, to the said County Road No. 358
centerline; thence Southerly, along the said County Road No. 35B
centerline, to a point of intersection with an Easterly extension of
the Northerly property line of that tract of land conveyed to Harold
k
Page 2 - EXHIBIT "A"
and K. C. Cote, Book 647, Page 526, Deed Records of said County;
thence North 890 23' West 170 feet, more or less, to the Northwest
corner thereof; thence South 000 37' West 104 feet, more or less,
170
to the Southwest corner thereof; thence South 890 23' Eastthenceeet,
more or less, to the said County Road No. 358 centerline,
Southerly, along the said County Road No. 358 centerline a distance
of 250.2 feet to a point; thence South 890 42' West 249.3 feet, more
or less, to a point; thence South 00 37' West 190 feet, more or less,
to a point on the South line of that tract of land conveyed to
Richard and Mildred Stonewall, Book 280, Page 23, Deed Records of
said County; thence South 890 41' West 567.05 feet, more or less, to
the Southwest corner of said Stonewall tract; thence North 10 18'
East 453.85 feet, more or less, to the Northwest corner thereof. +
thence North 890 23' West 208.35 feet, more or less, to the Southwest
corner of that tract of land conveyed to Lynn and Leota Miller, Book
735, Page 714, Deed Records of said County; thence North 300 30' East
1514.8 feet, more or less, to the Northerly most corner of that tract
of land conveyed to F. E. Trueax and W. A. Began, Book 729, Page 62,
Deed Records of said County; thence South 750 2' 20" East, along the
Northerly property line of the said Trueax and Began tract and an
Easterly extension thereof, to a point of intersection with the cer.-
terli:ne.of said r_ounty Road No. 358; thence Northerly, along the said
County Road No. 358 centerline, to a point of intersection with a
Westerly extension of the Southerly property line Of that tract of
land conveyed to Harold and S. Chapman, Book 601, Page 61, Deed
Records of said County; thence, South 890 53' East 316.66 feet to the
Southeast corner thereof; thence, Northerly to the Northeast corner
thereof; thence South 890 53' East 960.6 feet, more or less, to the
Southeast corner of that tract of land conveyed to Ernest and Lucille
An as, Book 538, Page 668, Deed Records of said County; thence North
240 46' West 354.6 feet, more or less, to the Southwest corner of
that tract of land conveyed to Earl A. and Myrtle Frisby, Book 680,
Page 44, Deed Records of said County; thence, North 870 59' East 180
feet to the Southeast corner of that tract of land conveyed to Carl and
Irene Wacker, Eook 682, Page 386, Deed Records of said County; thence
North 240 46' West 202 feet, more or less, to the centerline of County
Road No. 495 (S.W. Fonner Street); thence Northeasterly, along the
said County Road No. 495.centerline, to a point of intersection with
the West line of Lot 24 of North Tigardville Addition, a subdivision
of record in said County; thence Southerly along the said West line
of Lot 24 to an iron pipe, said iron pipe bears North 0 10' East
428.0 feet from the most Southerly corner of that tract of land con-
veyed to Howard and Margaret Gass, Book 579, Page 67, Deed Records Of
said County; thence North 450 33' East 684.2 feet, more or less, to a
point on the centerline of County Road No. 494 (S.W. Walnut Street);
thence Northwesterly, along the said County Road No. 494 centerline,
to a point of intersection with a Southwesterly extension of the
Northwesterly property line of that tract of land conveyed to Elvin
G. and LouiseP. Kyle, Book 706, Page 290, Deed Records of said
County; thence North 140 55' East 185 feet, more or lest, to the most
Northerly corner thereof; thence South 750 05' East 165.4 feet, more
or less, to the Southwest corner of that tract of land conveyed to
Roger D. and MaryLou Held, Book 702, Page 514, Decd Records of said
County; thence North 00 10' East 229.5 feet, more or less, to the
centerline of S.W. Johnson Street; thence South 890 21' West, along
the said Johnson Street centerline, to a point of intersection with
a Southerly extension of the Westerly property line of that tract of
land conveyed to John and Pamela Cook, Book 499, Page 219 =c=- Re
cords of said County; thence North 00 10' East 158.8 feet, more or
less, to the Northwest corner thereof, said Northwest corner being a
point on the North line of Cottonwood Place, a subdivision of record
Page 3 - EXHIBIT "A"
in said County; thence Westerly, along the said Cottonwood sub-
division North line, to the Southwest corner of that tract of land
conveyed to Roy M. and Della O. Case, Book 242, Page 541, Deed
Records of said County; thence, Northerly to the Northwest corner
thereof; thence Easterly 469.2 feet, along the North line of the
Ic. Roy and Della Case tract, to the Westerly boundary line of Lot 1
of North Tigardville Addition ((Amended Plat); thence North Oo 49'
West, along the said Lot 1 boundary line, to the point of beginning
of this description.
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