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Resolution No. 83-26 n CITY OF TIGARD, OREGON RESOLUTION NO. 83 - ,2(o DECLARING AN INTENTION TO CONSTRUCT CERTAIN PUBLIC IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A LOCAL IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 38, ""MAIN STREET" PUBLIC IMPROVEMENTS; DESCRIBING THE PROBABLE COST THEREFORE; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING THE PRELIMINARY ENGINEER'S REPORT 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 petitions requesting street improvements and has received a preliminary engineering report, identifying general project scope and probable cost thereof, pursuant thereof, at the Council's regular meeting of March 7, 1983. WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it expedient and necessary to investigate the improvement of the hereinbelow described lands by construction of street improvements and pursuant thereto a preliminary engineer's report has been submitted to the Council for the work to be contemplated 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, and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said preliminary engineer's report and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: Section 1: That the City Council does hereby deem it expedient and necessary, does hereby declare its intention to improve the aforesaid "Main Street" on-site public streets, offsite Hwy. 99 traffic signal, Ash street (curb, sidewalk, street, storm drainage), and Fanno Creek Park improvements. Section 2: 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 "Main Street" Public Improvements Local Improvement District No. 38, 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 $611,000 for said improvements shall be assessed in full: based on land area, with lots fronting on paved, but uncurbed, Ash Street being assessed for only a portion of their total area, against all lands, within said improvement district. SECTION 3: That Monday the 28th day of March, 1983 at the hour of 7:30 p.m., at Fowler Junior High School Lecture Room, 10365 S,W. Walnut Tigard, Oregon be, and the same is hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by an parties aggrieved thereby; however, SECTION 4: That plans, specifications and estimates with respect to the improvements shall be submitted by the City's engineers and shall be maintained on file by the City Recorder for public inspection at least 10 days prior to the public hearing. SECTION 5: Within ten days from the date of the publication of the notice of this resolution, the owners of 66 2/3% or more in area of the property within the boundaries described on "Exhibit A" hereto, attached, may have and file with the City Recorder ' written objection or remonstrance against the proposed improvements. and such written objections or remonstrances shall be a bar to any further proceeding for 6 months. SECTION 6: That the City Recorder be, and she is hereby directed to give notice by causing to have this resolution published in the Tigard Times issue of March 15, 1983. PASSED: This 7�t day of /1& (1 1983. Mayor ATTEST: CityRecorder RESOLUTION NO. 83 EXHIBIT "A" Resolution ivo.83_A- Boundary Description Main Street Development A LGCAL IMPROVEMENT DISTRICT situate in the D.E. 1/4, section 2, T2S, R1W, W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the southeasterly corner of Lot 9, BURNHAM TRACT, a duly recorded subdivision, said point also being on the centerline of S.W. Ash Street; thence South 45'46' East, 20.0 feet to a point on the southerly right of way line of said S.W. Ash Street; thence, along said southerly right of way line, South 42'05' West, to a point that is 56.6 feet northeasterly from the northwest corner of that parcel as conveyed to Mike and Tanya Lockwood and recorded in Book 948, Page 512, Washington County deed records; thence South 2'55' East, 80.0 feet to a point on the southwesterly line of said Lockwood tract; thence, along said southwesterly line, northwesterly to a point that is 25.0 feet, when measured at right angles from the centerline of said S.W. Ash Street; thence, parallel with the centerline of said S.W. Ash Street, South 42°05' West, to a point on the northeasterly right of way { line of S.W. Hill Street; thence, along said northeasterly right of way line, northwesterly 5.0 feet to a point of intersection with the southeasterly right of way line of said S.W. Ash Street; thence northwesterly to the southwest corner of said Lot 9; thence, along the southwesterly line of said Lot 9, North 44°15' West, 25.0 feet to a point; thence, parallel with tie centerline of said S.W. Ash Street, North 42°05' East, 205.7 feet to a point on the northeasterly line of that tract as conveyed to A.G. and G.E. Hanneman recorded in Book 794, Page 931, Washington County dead records; thence, along the northeasterly line of said Hanneman tract and a northwesterly extension thereof, North 44'27' West, 385 feet more or less to a point on the northwesterly line of said Lot 9; thence, along the northwesterly line of said Lot 9, South 48'37' West, 60 feet more or less to the southwesterly corner of that tract as conveyed to Main Street Land Corp. , recorded in Fee No. 81-005694, Washington County deed records; thence, along the southwesterly line of said Main Street Land Corp. tract and also the southwesterly line of that tract as conveyed to the Main Street Land Corp. recorded in Fee No. 81-005705 Washington County deed records, North 44110' West, 821.6 feet to a point on the southeasterly right of way line of / State Highway 99W; 1 EXHIBIT "A" Cont. I Resolution No.83_2X, Boundary Description Main Street Development thence, along the southeasterly right of way line of said State Highway 9947, northeasterly 658.7 feet to the northeasterly corner of that tract as conveyed to Main Street Land Corp., recorded in Fee No. 81-005694, Washington County deed records; thence, along the northeasterly line of said Main Street Land Corp. tract, South 43'47' East, 439.5 feet to a point on the westerly line of Lot 2 of said BURNHAM TRACT; thence, along the westerly line of said Lot 2, South 4115' East, 60.0 feet more or less to the northerly corner of that tract as conveyed to Main Street Land Corp. , recorded in Fee No- 81-005719, Washington County deed records; thence, along the northeasterly line of said Main Street Land Corp. tract, South 45°46' East, 240.0 feet more or less to a point on the north line of Lot 4 of said BURNHPM TRACT; thence, along the north line of said Lot 4, South 45'14' West, to the northeast corner of said Lot 9; thence, along the northeasterly line of said Lot 9, South 45°46' East, 338.0 feet to the point of beginning. 2