Resolution No. 82-100 CITY OF TIGARD, OREGON
RESOLUTION NO 82-/e,-,
DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA
DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS
SO"
72nD AVENUE AREA L.I.D. NO. 21; DESCRIBING THE PROBABLE TOTAL
ASSESSABLE 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
improvements and has ordered preparation of a preliminary engineering report,
pursuant thereto, at the Council's regular meeting of May 19, 1980; 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 and parcels
of land to be benefited and the 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 except as to be modified by supplement to the engineer's
report, attached hereto and hereby made a part thereof; and
WHEREAS, the Council finds that existing litigation surrounding S.W. 72nd
Avenue Area LID #21 places that project, the property owners within that
district, and the City of Tigard as a whole, in an uncertain financial
position and that the Council finds it necessary to develop this alternative
financial option for S.W. 72nd Avenue Area LID #21.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COCNCIL 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 Southwest 72nd
Avenue Area by construction of street 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 "Southwest 72nd Avenue Area", 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
cost of $1,475,711.42 plus right-of-way acquisition costs in excess of
$50,000.00 for said improvements, shall be assessed in full, on a combination $'
front foot-area basis against all lands within said improvement district.
3
(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.
RESOLUTION NO. 82-/oo
(d) That Monday, the 13th day of September, 1982, 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 set as the time and place for hearing and
considering objections or remonstrances to the proposed improvement by any
parties aggrieved thereby.
(e) All portions of Resolution 82-22 and Ordinance 82-13 that are
inconsistent with this Resolution are expressly repealed, unless the
requirements u£ se,Liou are not met to the satisfaction of the Council.
(f) That this Resolution is expressly conditional upon:
1) The execution of an express written agreement between Industrial
Contract Carriers, Incorporated, an Oregon corporation, and City of
Tigard, that provides for a settlement of all litigation between said
parties relative to the 72nd Avenue Area LID by September 24, 1982.
2) The absence of any litigation relative to the 72nd Avenue Area
LID prior to the sale of bonds to finance said Local Improvement
District. Should any new litigation begin, or any pending litigation
remain relative to 72nd Avenue Area LID, this resolution shall become
void and Resolution 82-22 and Ordinance 82-13 shall remain in effect.
3) That all easements and rights-of-way necessary for said
improvements, shall be agreed upon by September 24, 1982.
4) That the Council is satisfied that the settlement is the most
fiscally sound alternative.
(i) 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 SavT. .2 , 1982 and S¢d t Q , 1982.
PASSED: By Council on this 3 o day of �( n C 1982.
4<:�4e-
mor - City of Tigard T
ATTEST:
-�
Recorder - City of T d
�eSol 14--ilot, 00
i -
EXHIBIT A
LEGAL DESCRIPTION OF L.I.D.
Beginning at the northwest corner of T.L. 701, 2S11DB; thence
S 004' W along the westerly line of T.L. 701 122 feet to the northerly right
of way of Varns Street (a 50 foot right of way); thence southwesterly
approximately 51 feet to the northwest corner of T.L. 710, 2SIlDB located on
the southerly right of way line of Varns Street; thence S 000 9' E along the
West line of T.L. 710 143.28 feet; thence S 89005' W along the North line
of T.L. 800, 2SllDB to a point which is 290 feet (perpendicular distance)
from the westerly right of way line of S.W. 72nd Avenue; thence southerly
approximately 355 feet to the northwest corner of T.L. 100, 2Sl7DC, which is
located-onAhe easterly-right-of way line of 74th Avenue (a.40 foot right_o,
way); thence- southerly along the easterly right of way line of 74th Avenue
- approximately 756 feet; thence N 88048' W across 74th Avenue and along the
` northerly line of T.L. 800, 2SllDC 820.57 feet to the southerly corner of
T.L. 2000, 2S1TDC; thence N 41051' W 251.38 feet to the northwesterly corner
of T.L. 800; thence southerly along the West line of T.L. 800 approximately
440 feet to the northeasterly right of way line of Southern Pacific Railroad
(a 100 foot right of way); thence southeasterly along said right of way line
approximately 2000 feet to the southwest corner of T.L. 402, 25112A; thence
East along the South line of T.L. 402 approximately 400 feet to the northwest
corner of T.L. 501 , 2S112A; thence S 0009' W 326.2 feet along the West line of
T.L. 501 and its southerly extension to the northerly right of way line of
Bonita Road (a 40 foot right of way); thence southwesterly approximately 50 feet
to the northwest corner of T.L. 1900, 2S112A; thence S 0039' E approximately 380
feet to the southwest corner of T.L. 1900; thence S 55055'38" W along the northerly
line of T.L. 1902, 2S112A 163.11 feet to the northeasterly right of way line of
the Southern Pacific Railroad (a 100 foot right of way); thence southeasterly .
along said right of way line approximately 1000 feet to a point on the northerly
line extended of T.L. 400, 2Sll2DB; thence S 88014'07" W along said northerly
line approximately 458.9 feet to the northwest corner of T.L_ 400, said point
C being on the easterly right of way line of the Oregon Electric Railway; thence
southerly along said right of way line approximately 2255 feet to the southwest
e
a
corner of T.L. 200, 2S112DC; thence N 88029'35" E 316.61 feet to the southeast
corner of T.L. 200; thence S 00°02`40" E 253.15 feet to a point on the West
line of T.L. 2102, 2S112D. thence S 89°46'10" W along the North line of T.L. 19007
2S112D appro;.imately 380 feet to the easterly right of way line of the Oregon
Electric Railway; thence southwesterly 163.8 feet to the northerly right of way
of Fanno Creek Place (a 40 foot right of way); thence southwesterly approximately
47 feet to the northwest corner of T.L. 1301, 2S113A; thence southwesterly
0, 2S113A to
approximately 480 feet along the West line of T.L. 1301 and T.L. 120
the southwest corner of T.L. 1200, said point being on the northerly right of way
; thence S 29°52' W 60 feet to the
line of Durham Road (a 60 foot right of way)
southerly right of way of Durham Road; thence southeasterly along said southerly
northerly right of way of Upper Boones
right of way approximately 245 feet to the
Ferry Road (a 60 foot right of way); 'whence S 48917' W along said northerly right
of way line of Upper Boones Ferry Road approximately 165 feet; thence S 41°43' E
st line of T.L: 1100,-2S'113A; thence
approximately 284 feet to a point on the We
South along the West line of T.L. 1100 approximately 230 feet; t:�ence West along
the North lire of T.L. 2100, 2S113A approximately 185 feet; thence South along
a West line of T.L. 2100 243 feet; thence hest alcng a North line of T.L. 2100
120 feet; thence South along a West line of T.L. 2100 100 feet; thence East
along a South line of T.L. 2100 50 feet; thence South along a West line of
T.L. 2100 383 feet; thenLL Fast along a South line of T.L. 2700 approximately
190 feet; thence South along a West line of T.L. 2100 297 feet; thence East along
a 5euth line of T.L. 2100 approximately 146.67 feet; thence South along a West
line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots
2100 and 2101, 2Sll3A and their extensions 1020 feet to the West right of way
line of Interstate 5 (I-5); thence northerly along the westerly right of way
line of Interstate 5 (I-5) approximately 2390 Feet to the southerly right of way
line of Southern Pacific Railroad (a 100 foot right of way); thence northwesterly
along said southerly right of way line approximately 1160 feet to the northerly
right of way of Upper Boones Ferry Road; thence northeasterly along the northerly
right of way line of Upper Boones Ferry Road approximately 660 feet to the ;
westerly right of way of Interstate 5 (I-5); thence northerly and northwesterly
F along the westerly line of Interstate 5 (1-5) and southeasterly right of way line
of State Highway No. 217 (Beaverton-Tigard Highway) approximately 7560 feet to
C the easterly right of way line of 72nd Avenue (a 105 foot right of way); thence
-2-
southerly along said easterly line approximately 45 feet; thence westerly
approximately 105 feet to the northeast corner of T.L. 701, 2511DB; thence
S 89005' 'A along the North line of T.L. 701 100.98 feet to the point of
beginning.
f
l
i
i