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City Council Packet - 09/14/1987 TIGARD CITY COUNCIL.. REGULAR MEETING RESULTS UPDATE SEPTEMBER 14, 1987 o STUDY SESSION - Jerry McReynolds explained the Solid Waste Rate Policy. o EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, arid Current and pending litigation issues. 1 . BUSINESS MEETING: 1 . 1 Cali To Order and Roll Call - all Council was present except Edwards t 1 .3 Call To Staff- and Council For Non--Agenda Items City Administrator, added to consent: 3.2d, CIP Status Report for August; 3 .9, receive and file Martin response dated 9--10--87 regarding Dartmouth LID. He pulled 3.3a for discussion under non } s agenda arid added the following for non--agenda discussion: Tigard s East update and Tigard !ligh School special event parking concerns discussion t 2. VI:SI:TOR'S AGENDA (2 Minutes or Less Per' Issue, Please) e Gary Rouge, Ir•viry Lori Moore, requested 12.0 days for office trailer to he left on site. Consensus of Council wia:i to dotormine at the 9/28 Y meeting how to proceed. Staff t:o supply history arid recunmmndation. � s i Debra Stewiart, SW W,a]nUt :street rosidenL, r•egl.lested Council direct Police Department to actively enforce the speed limit along W611n1.1t Street Con sen sut, of CoUncll was to have Adnllnlsir"atOr d15lUSS 1s:il,le with Chief of Policia arid also contact Washington Cuunty Sherirr, 3. CONSENT AGENDA: These items are considered to be routine ,and may be enacted in one motion without, separate discussion. Anyone may r•equesL {. that an item be removed by motion for- discussion arid separate action. Motion 1':0: 3 . 1 Approve Council minutes: July 2.7 & August 31, 1987 3 .2 REPORTS: Receive and File a. Community Development quarterly report b. TPI Committed report •- Crusin' Tigard '87 C. Washington Country Durham Road study results d. CIP Status Report - August, 1987 � 3 .3 Receive and File: a. Council meeting calendar update -- Removed b. Dartmouth Street LID -- Letter- from Douglas V. Van Dyk dated 8/31/87 (re. written testimony of Gonion R. & Gordon S. Martin) 3 .4 Accept Brittany Square III Subdivision public improvements and release of bond authorizaton - Resolution No. 87-116 " 3 .5 Approve solid waste rate policy 3.6 Approve call for 10/26 public hearing - 69th Ave. street vacation - Resolution No. 87-117 3.7 South Metzger road jurisdiction transfer agreement (approved by Council on 8/3/87) - ratify by resolution - Res. No. 87-118 3.8 Recess City Council meeting; convene Local Contract Review Board meeting; approve pre-authorization for purchase of 10-yard dump truck riot to exceed $40,000; adjourn Local Contract Review Board meeting; reconvene Council meeting. 3.9 Receive and File: Martin response dated 9/10/87 re: Dartmouth LID COUNCIL MEETING RESULTS UPDATE - SEPTEMBER 14, 1987 - PAGE 1 4. PRESENTATION OF KEYS TO THE CITY o Mayor Brian presented to Crime Watch Committee 5. PUBLIC HEARING CONTINUED - 76TH AVENUE STREET VACATION towo Public Hearing Continued - from July 27, 1987 o Ordinance No. 87-50 - Ea/Jo UA 6. COUNCIL CONSIDERATION CONTINUED - 135TH LID - PHASE III o Council Consideration Continued -• from August 31, 1987 - Ordinance No. 87-51 - Ea/Sch UA 7. PUBLIC HEARING -- BOND PARK 03 EASEMENT VACATION o Ordinance No. 87•-52 •- Jo/Sch UA 0. PARKING RESTRICTION AMENDMENT -- VARNS S7 REET & WATKIN S AVENUE ORDINANCE NO. 87-53 - Schi/Ea UA 9. NON-AGENDA ITEMS: From Council and Staff 9. 1 Council Calendar Review: Council gave direction to staff' -- will be brought back for Council receive and fila on 9/28. 9.2 Tigard East Report: Staff reported work i:o date on site and developer' s meeting with neighborhood residents . 9.3 Tigard high School Parking Concerns: Concern was expressed ro: special event par•k.irig. Next, home (3amP (football) will bo 9/Ir1. Mayor suggested following options be considerod: a. Lights aro now installed on parking at Cook Park. Encourage use by advertising and signs b. publicize use of carpooling C. enforce City .laws and tow vehicles now conforming to parking reqs in area. d. suggested parking restriction modification on wesi side of 92nd Avenue (perhaps 7AM to 'QPM) City Administrator will discuss with Chief of POlice, Chief will give verbal update at the 9/21 meeting. 10. EXECUTIVE SESSION: The 'Tigard City Council went into EXPCutive Ses-.ci.on under- the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property tr•msacti.ons, and current and pending litigation issues. 11. ADJOURNMENT - 10:30 PM lw/0450D t t COUNCIL MEETING RESULTS UPDATE - SEPTEMBER 14, 1987 - PAGE 2 { Y T I G A R D C I T Y C 0 U N C I L r REGULAR MEETING MINUTES — SEPTEMBER 14, 1987 — 6:30 P.M. 1 . ROL..L. CALL: Presenia: Mayor Tom Brian; Councilors: Carolyn Eadon, Valerie Johnson, and John Schwartz; City Staff: Randy Clarno, Developement Services Manager (arriving at 7:35 PM leaving at 9:21 PM); Chuck Corrigan, Legal Council; Bob Jean, City Administrator-; William Monahan, Community Development Director (arriving at 7:35 PM); Tim Ramis, Legal Counsel (arriving at 7:40 PM); L-oreen Wilson, City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION a. Jerry McReynolds, Chairman of Utilities and Franchise Committee, gave a brief synopsis regarding the solid waste rate policy which was presented to Council for approval on consent agenda. 3 . EXECUTIVE SESSION a. The Tigard City Council want into executive session at 7:47 p.m. under the provisions of OR'3 192.660 (1) (d), (e) & (h) to discuss labor relations, real property trans,ictions, and cur•r•ent/pendirig litigation issues. RECESS EXECUTIVE SESSION: 7:32 PM RE=CONVENE COUNCIL MEETING: 7:35 PM DEVEL.OPMLNT' SERVICES MANAGER ARRIVED: 7:35 PM 4. CALL TO STAFF AND COUNCIL FOR NON--AGENDA 111=MS a. City Administrator added to consent agenda 3 .2(d) C.I.P status report for August and 3.9 receive and file of the Martin response dated 09/10/87 regarding Dartmouth L.I.D. City Administrator also pulled 3.3(a) from consent agenda for discussion under non--agenda as well as added Tigard East update and Tigard High School special. event parking concerns discussion. 5. VISITOR'S AGENDA a. Gary Hogue, General Manager- for Irvington Moore, 8205 SW Hunziker•, requested an application extension for a temporary use approval on an office trailer on his business site. He. suggested a 120 day extension would allow his company ample time to complete the interior redesign of the building. Fie advised Council the current T.U. permit expired August 24th. After limited discussion between Council and Staff, consensus of Council was to determine on 9/28/87 how to proceed in the matter. Council requested staff to supply a history update and recommendation at that time. Page 1 — COUNCIL MINUTES — SEPTEMBER 14, 1987 1 OEM b. Deborah Stuart, 12350 SW Walnut Street, appeared as a Tigard resident, requesting attention be given to severe traffic problems along SW Walnut Street. She requested Council direct the Police Department to enforce speed limit along that stretch of road, noting speeds up to 50 miles an hour were currently being viewed there. She expressed concern regarding site distance difficulties and pedestrians, skateboards, and bicycles on the road. Council consensus was to direct City Administrator to discuss speed enforcement efforts with the Chief of Police and to also contact Washington County Sheriff' s Department. It was noted that a good portion of SW Walnut Street was currently outside the City's jurisdiction. Councilor Johnson supported the concerns addressed and suggested that on Walnut Street from Fowler- Junior, High School to its intersection with 135th would be an appropriate area to review and monitor. 6. CONSENT AGENDA: -these items are considered Lo be routine and may be enacted in once motion without separate discussion. Anyone may request that an item be romoved by motion for discussion and separate action, Motion to: 6. 1 Approve Council minutes: July 27 & August 31, 1907 6.2 REPORTS: Receive and Fila a. Community Dovolopmont qu,ar•Lerly report. b. TPI Committee report - Cr•uisin' Tigar•d '87 c. Washington County Durham Road study results -- Not AvaiLablo d. CIP Status Report - August, 1987 6.3 Receive and File: a. Council mooting calendar• updcaLo b. Dartmouth Street. LID -- Lotter from Douglras V. Van Dyk d.at.ed 8/3.1/87 (ro: written testimony of Gordon R. & Gordon S. Martin) 6.4 Accept Brittany Squisre 51.1 Subdivision public improvements arid release of bond authorization - Resolution No. 87--116 6.5 Approve solid waste rata policy 6.6 Approve call for 10/2.6 public hearing - 69th Ave. street vacation - Resolution No. 07-_-117 6.7 South Metzger road jurisdicl..ion transfer agrooment (approved by Council on 8/3/87) - ratify by resolution -- Res . No. 87-110 6.8 Recess City Council meeting; convene Local. Contract Review Board meeting; approve pre-authorization for purchase of 10-yard dump truck not to exceed $40,000; adjourn Local Contract Review Board meeting; reconvene Council meeting. 6.9 Receive and File: Martin response dated 9/10/87 re: Dartmouth LID a. Motion by Councilor Eadon, seconded by Councilor Johnson, to add item 6.2(d) pull item 6.3(a) for discussion under non-aganda and add item 6.9 to the consent agenda and approve as amended. Approved by unanimous vote of Council present. 7. PRESENTATION OF KEYS TO THE CITY a. Mayor Brian presented keys to the City to the following citizens in recognition of their volunteer service on the Neighborhood Watch Committee: John Sedey, Thomas Blair, and Pat Sharp. b. City Administrator expressed staff's appreciation and special thanks to the Committee members noting that they held the program together during years of lean funding for the program. Page 2 - COUNCIL MINUTES - SEPTEMBER 14, 1987 M ' 8. PUBLIC HEARING CONTINUED — 76TH AVENUE VACATION a. Public hearing continued from July 27, 1987 b. No declarations or challenges were submitted by Council . C. Development Services Manager synopsized the history of the issues noting several concerns that Council and area residences raised at the July 27, 1987 public hearing. Those more specifically being: traffic capacity of SW 79th Avenue; developer's responsibility with respect to public improvements; the improvement of SW 76th Avenue through the floodplain; impacts to property south of the developeniont; and future vacations. d. Public Testimony: o Gordan Hobbs, President of OR--AK, appeared as the applicant and stated he recommendod approval of the vacation request noting the owner south of his development supported the vacation request. Discussion followed regarding the conditions of improvement sand off--site impacts . e. Public 11oaring Closed f. ORDINANCE NO. 87--50 AN ORDINANCE: VACATING A PORTION OF L:W 76TH AVENUE, A DEDICATED PUBLIC R.1GHT--OF-WAY WITHIN DURHAM ACRES, A RECORDED PLAT IN THE CITY OF TIGARD, WASHI:NGION COUNTY, OREGON. g. Motion by Councilor- radon, seconded by Councilor Johnson to adopt. l h. Councilor Schwartz noted though his residence was off of 76th Avenue, he did riot feel a conflict of interost would vote. Approved by unanimous Council present. 9. 13511 LID — PHASE III — COUNCIL CONSIDERATION CONIINUFD a. City Engineer advised Council. that the public hearing had been closed on August 31st, however, Council consideration was continued to allow time to compute the remonstrances received from property owners . He advised Council that remonstrance represented 5.5% of the LID parcels and 35.2.% of the LID area. He further advised that two large parcels were included in the remonstrance: those being Benj Fran and Grabhor•n properties. Those properties comprised 33.4% of the LID area. City Engineer recommended formation o tthe LID since the total remonstrance was not a majority. Mayor Brian clarified that of the area remonstrating, 1 .5% was residential or small parcel remonstrance and that the remaining percentage was two large, undeveloped parcels. b. ORDINANCE NO. 87-51 AN ORDINANCE CREATING THE SW 135TH AVENUE LOCAL IMPROVEMENT DISTRICT, ORDERING THE CONSTRUCTION OF STREET C IMPROVEMENTS IN ACCORDANCE WITH THE PRELIMINARY ENGINEER'S REPORT, DIRECTING BID PROPOSALS BE REQUESTED, SETTING FORTH THE METHOD OF ASSESSMENT AND THE METHOD OF FINANCING. Page 3 — COUNCIL MINUTES — SEPTEMBER 14, 1987 C. Motion by Councilor Eadon, seconded by Councilor Schwartz to adopt. d. Councilor Johnson rioted the improvement district options had been thoroughly studied and highlighted the process to date. She further offered to critique the subtleties of the LID process with citizens in the area hoping that this would make future L..ID's a smoother process for all parties involved. Motion to adopt Ordinance 87-51 was approved by unanimous vote of Council present. P. Russell A. Krueger, property owner along 135th Avenue, expressed his thanks to the Council and staff for their help and expressed thanks that the district was finally formed. Mayor Brian rioted that the project was six years in the making and that he was also glad to sup. this project underway. He rioted that the improvement was badly needed on 135th Avenue. 10. PUBLIC HEARING --- BOND PARK 03 EASEMENT VACATION a. Public hearing opened. b. No declarations or challenges were filed by Council . C. Development Services Manager highlighted the request rioting that Waverly Construction and area residents had requested the vacation. Ite further advised Council that Waverly Construction had received a lot line adjustment approval in May of 1987, and that a condition of the approval was vacation of utility easements . d. Public Testimony: no one appeared to speak. e. Development Services Manager• stated that staff and Planning Commission recommended approval . f. Public hearing closed. g. ORDINANCE. NO. 87-52 AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN BOND PARK NO. 3, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. h. Motion by Councilor Johnson, seconded by Councilor Schwartz to adopt. Approved by unanimous Council present. 11. PARKING RESTRICTION AMENDMENT — VARNS STREET & WATKINS AVENUE a. City Engineer stated that in response to citizen requests, an ordinance had been prepared to prohibit parking on portions of both Varns and Watkins. The request had been made due to the narrowness of the streets involved and the safety hazards created by vehicles parking along those streets. City Engineer further noted that he and the Police Department supported the request and recommended approval. Page 4 — COUNCIL MINUTES — SEPTEMBER 14, 1987 b. Mayor Brian noted that he lived in one of the neighborhood's involved. He had riot issued the complaint but was in agreement with the parking restriction amendment. �4 C. ORDINANCE NO. 87-53 AN ORD'INANCE AMENDING TMC 10.28 . 130 PROHIBITING PARKING ON Tit' PORTIONS OF SW VARNS STREET AND SW WATKINS AVENUE, AND FIXING AN EFFECTIVE DATE. d. Motion by Councilor Schwartz, seconded by C_uncilor Eadon to adopt. Approved by unanimous vote of Council present. 12. NON-AGENDA I-E E:.MS 12.1 Council Calendar- Review. a. City Administrator discussed options for mooting dates and t.imos over the next month with City Council . Consensus of Council was: to hold a workshop at 6:00 PM, October 8th, with the Metzger- Water- District and at 8:00 PM with the Tigard School District; set October 1st for a joint: meeting with Sherwood City Council and other surrounding jurisdictions; and November 20th - 21st sc:hpdule a Council goal•-set.t:.ing workshop. b. City Administrator stated that this would be brought back for Council information at the September 21st. Council meetin,. 12.2 Tigard East Report a. Councilor Fadon repor•tod numorou_c phone calls from residential property owners along the west side of the Tigard Fast development parcel noting dust and trop removal as issues of concern. b. Community Development Director stated that he vi.sitod the site during the early portion of the study session. Davo Timmel , representing the developer, had meat with residents regarding their concerns. Discussion followed regarding landscaping and trees, the erection of a fence, the use of water- trucks on thea site, and the filling of an abandoned well. Community Developmont Director further noted that the staff coordinator for, the project was Keith Liden and suggested Council and citizens might wish to contact him with further concerns. 12.3 Tigard High School Parking Concerns a. Councilor Johnson noted concerns regarding the special event parking at the high school during home football games. She noted receiving complains from the surrounding neighborhoods regarding parking issues, vandalism and public indecency occurring during and after the game. She suggested that Council may wish to join her in the area at the next home football game which was scheduled for 9/25/87 to view the concerns. City Administrator and Council discussed the enforcement activity. The Administrator stated the Chief of Police would be available to report on the issue at the C 9/7.1/87 Council meeting. Page 5 - COUNCIL MINUTES - SEPTEMBER 14, 1987 i i b. Mayor Brian suggested the following options might also be considered: ( o Lights installed on the parking area at Coo; Park would make it more safe to use and encourage the use of advertising in signs to direct parking to that area. o Advertisement encouraging the use of carpooling to and from the games. a Active enforcement of the City laws, specifically enforcing parking regulations in the area. He suggested towing any vehicles which infringed on those laws. o Consider a parking restriction modification on the west side of 92nd Avenue to limit restrictions from 7:00 AM to 5:00 PM. City Administrator stated he would discuss these issues with the Chief of Police and that a verbal update would be given to the Council on 9/2.1/87. Further discussion followed regarding the need for a joint "Figard School District E3oard-City Council meeting. bum RECESS COUNCIL MEETING: 8:56 PM. 13. EXECUTIVE SE.SSI:ON: The Tigard City Council went. into Executive Session at 9:02 PM under- the provisiuns of ORS 192.660 (1) (d), (e), r. (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 14. ADJOURNMENT: 10:30 PM i Approved by the Tigard City Council on -8, 1987. City Recorder — City of Tigard ATTEST: Mayor — City of Tigard LW/0934D Page 6 — COUNCIL MINUTES — SEPTEMBER 14, 1987 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6516 BEAVERTON.OREGON 97075 Legal Notice Advertising ° ° 0 Tearsheet Notice City of Tigard ° PO Box 23397 ° f7 Duplicate Affidavit Tigard , OR 97223 ° ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I,- Anne_—_ Jean — being first duly sworn, depose and say tf�l I t'T eli4SY�r�ising Director, or his principal clerk, of the - -a newspaper of general circulation as defined in ORS 193.010 and '93.020; published at T iZ a r d __— -in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for__ 5 --successive and consecutive in the following issues: _ Sept . 3 , z- L12 67 Subscribed an"Wo to before me this SS' �' Notary Public for Oregon My Commission Expires: 9-20-58 AFFIDAVIT t LICMM OF Zoo nRXMj ZMMWqN v The 11E�[d Ity, nett win hold a Public cat2ug on anday,Septem- 3125, ber 14,1@87.at?:Wi P.&1.at'i7prd citric Center?s>�m Ball Roar: nfor S.W.1 a rMA5•�.fid.Gregor+.to causider the V 4�-d vacation for public UtI t .caste'Weltmum 1L.Oft 5E tso,2aad Park No. 3, a recordeWpist in Wacky of TjWr4'Washlr. ►County.0 Tie subject. oacs:laa N a coadjam;df appros'4 for a Wine.edjusum t wit n the Bond PaYk Na. �u ;Said ccadit3omg approval bell -by the Tigard Qty Co=ccfitir of 'a Re-waunoo Na s7-o&The request was initiated by tllC,.�yJ14jant.3,"te ,at the t Gest of Wa arty combWtlon end ke�' of bots a .%0.pond. Pa&No.3.Any Interested j be heard let as tsinst Sled wftthef T16Si6 ' ._;,mss. _:. _. TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684.0360 Notice -76536 BEAVERTON,OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice PO Box 23397 • Tigard , OR 97223 • ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )as. 1. Anne Jean being first duly sworn, depose and say tthpme t I a th Advertising Director, or his principal clerk, of the_ T].g ard . me s a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T i g g r d in the aforea�Vtcfurtt6 t�Qftto; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for. ..,___successive and consecutive in the following issues: Sept . 10 , 1987 Subscribed before me this e p t . 10 , 1987 ot"?1 ery Public for Oregon My Commission Expires: 9-20-88 AFFIDAVIT The fettewift*We Ifto are pates f0ybw Ina. MuSer tesformatlnrlAM tt thy't1t t�btttfntet fr&Itht MY der;131;15 SW Niall Mvd»Tlgaarf,Orem W=,mr&I callft tilt. COMM REGULAR MEEM G=--S,.VEAM 14,tN7 0o Study Sewdosa'-7 i*0 P.M.Reu38 c fitting CMC CENT M 9 MC Ali. 1 SW AAM 130U )Er MD,*ITu l>,OR1rCsOM it Ptzblk'Minting`CisatlAftd :rests Jafy:27, 1987 7f33t.-ASTM i-- Solid- Cttr ? ,;+�[Citu*td iraaa�Aa�t"31, i:�7 %- fs.W Inc 11 ,/rwt Impteirtss�nt) tt Plssso t[,'. P�tsiti` t ,` >e�td Panic#1�t 1iYicatlast t 'R, #itifattt Cansidcrutia» RIaFIAlYo f.AJi�1 t exicet�r�gs . 1C i Afti E • _ r CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING s' In the Matter of the Proposed r Ordinance Nos. 87-50, 87-51, 87-52, 87-53 STATE OF OREGON ) County of Washington ) ss City of Tigard ) 4 : being first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 87-50, 87-51, 87-52, 87-5_3 — b which were adopted at the Council Meeting dated September 14, 1987 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the � day of r l C 1987. s 1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon . 3. Safeway Store, Tigard Plaza, S.W. }fall Blvd. , Tigard, Oregon c, / � 1 Subscribed and sworn to before me this ! �� day of S ota 19`x' 6�4 Z-1 Notary Public for Oregon y My Commission Expires: CITY OF TIGARD, OREGON ORDINANCE NO. 87—_—'12 AN ORDINANCE AMENDING T.M.C. 10.28.130 PROHIBITING PARKING ON PORTIONS OF SW VARNS STREET AND SW WATKINS AVENUE, AND FIXING AN EFFECTIVE DATE. WHEREAS, T.M.C. 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and WHEREAS, The Tigard City Council has heard a recommendation of the City Engineer that similar parking restrictions be imposed on portions of SW Varns Street and SW Watkins Avenue in order to maintain adequate street width for moving vehicles; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: T.M.C. Section 10.28. 130 designating the streets or portions thereof where parking is prohibited at all times, is hereby amended by adding the following: "(63) On SW Varns Street from SW 72nd Avenue to a point 125 feet west of the west curb line of 72nd Avenue; (64) On SW Watkins Avenue from SW Pacific Highway to a point 75 feat west of the west curb line of Pacific Highway." Section 2: This ordinance shall become effective on or after the 31st day after its passage by the Council. PASSED: By [�f�j(y►�� la.5_— vote of all Council members present after being read by number and title only, this _fes day of ��_ T�z��+/�v 1987. . Loreen R. Wilson, City Recorder APPROVED: This 1_CI___ day of ��r , 1987. Thomas M. Brian, Mayor br/0766D ORDINANCE NO. Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 87— So-�, AN ORDINANCE VACATING A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN BOND PARK NO. 3. A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.04%. of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to eliminate certain public utility easements for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271. 100, the TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailod t:o all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 14, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.080.130; and WHEREAS, the Council finds that it is in the public interest- to approve the request to vacate certain public utility easement within Bond Park No. 3 subdivision because the public interest will not be prejudiced; and WHEREAS, the council finds that the following conditions are necessary to vacate said land: 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with 'the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of public utility easements within Bond Park No. 3 subdivision as described and shown on the attached Exhibit "A", and by this reference made part hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: ORDINANCE NO. 87—_tL2- Page 1 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. Section 3: In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By (A_huh ' ,"e3 vote of all Council members present after being read by number and title only, this /z day of 1987. oreen R. Wilson, City Recorder APPROVED: This L/7-)'% day of 1987• Thomas M. Brian, Mayor cs/0789D ORDINANCE NO. 67— Page 2 "EXHIBIT A" A strip of land being located in the Southwest Quarter of Section 12, Township 2 South, Range 1 West, W.M. , City of Tigard, Washington County, Oregon, and being more particularly described as follows: The west 6 feet of lots 58 through 69, Bond Park No. 3, Washington County Plat Records. cs/0173D e ` 21. ar e e � e a000 EXISTING 6' PUBLIC 9.40 UTILITY EASEMENT „o w J I s. is $is• Arx,i i R 0�-- _ _ — rra:.Lp 3000 \ 2600 2600 ' 3900 20C 00 !56-A W g 56 57 >? 56 .04•< r t +, .. W I ;3100 +` ' r 3 Ln 60 r 5 "► 1900 3300 �O •° ;2300 i 3400 a:C :2405 .� " 13 3500 S " 300 it 63 r:. itZ' — 36U0 3601 g r 2200 g 60 50 .I oi700 2100 � t a � • 70 065 t8ni I64wG 046�42'�tgli 33000 4I <Y £ L1 n56 3900 •}�:• q• .0 1., 6 7 S •. �. '"Us W. CHURCHILL WAN 1 W 72 4 •f L : y °t �u X520016101 6000 5900 SB00 ., 4501 ,► art fr4-��1 �4.o\0 1 .o� s:3f+869 STA ,. 4600 4200T ':--_CLt 02 R 7 � Ii St - r 74 ° 5100 5200 5300 5400 5500 56: vi I 1= 4300 e L 4700 $31 i71 Cn 73 32 33 4 34 Ip 75 S W. BOND ° , - ..+. .., ,.n.... *S.W. 3200 17 8000 4900 48 0 . •- CSo - 80 79 78 77 5000 4900 4900 4700 46CG,�•. e I I ...•.. .�: !30 Q29 IJNrB J f .. 6 .. .. .. 28 27 1 25 .. . 1900 ; 2000 oser 1200 a 130/ 8e ic 4 �- _ CITY OF TIGARD, OREGON ORDINANCE NO. 87-_5_0 AN ORDINANCE VACATING A PORTION OF SW 76TH AVENUE, A DEDICATED PUBLIC RIGHT-OF--WAY WITHIN DURHAM ACRES, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return a portion of SW 76th Avenue to private ownership for development purposes; and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on July 27, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of SW 76th Avenue right-of-way because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of SW 76th Avenuo as described and shown on the attached Exhibit "B", and by this reference made part hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor, and Surveyor. ORDINANCE NO. 87--570 Page 1 Section 3: In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By A hi r+1 w...4. s vote of all Council members present after being read by number and title only, this / S/ day of 1987. Recorder APPROVED: This _ day of k 1987. �/1 �t•4.,,,. Thomas M. Brian, Mayor RSC:cn/0067D ORDINANCE NO. 87-6-6 Page 2 Er r EXHIBIT "B" That portion of SW 76th Avenue located in the southwest quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the southeast corner of Tract "B", Gentle Woods, a recorded plat, Washington County Plat Records; thence South 000 12' West, on the west right-of-way line of SW 76th Avenue (being 40 feet in width), 530.60 feet to the south line of Lot 23, Durham Acres, a recorded plat, Washington County Plat Records; thence North 890 56' East, 40.0 feet to the east right-of-way line of said SW 76th Avenue; thence North 000 12' East, on said east right-of-way line, 530.60 feet to the north line of Lot 33, said Durham Acres; thence South 890 56' West, 40.0 feet to the point-- of beginning, containing 0.487 acres, approximately. REGI PROFESSION LEDO „ANO S3D t 1 0 t4 C G JUJUARV 14. JON T.F 2iGION 1646W/1441 SPIN IWO 11.1 6moo , 65 65 e'21 Q .p 1500 fi r TRACT B" e® OV 33 S.W. GENTLET "•'? � 4 /27 Ac. 05 s s3 TO ro 10, 3100 3000 _ 29002_ • 23 22 $ 21 _ 20 �0- 1600 J 70 7 70 97.17` 'rbc e(S �y 32762 135 110 52.17 v��a e:1 �Jc s 3200 2600 2700 'r'J IT 9 b 300 .J5 Ac. 19 R-2o ;, °� . 'art '" 143 Ac. �J�' `�Sp +a` o '� 'po 1800 l 2500 (� 3'•.z o� / AL lTA S 133 30 a Aef t t� L °° 32 17 2200 3400 "'' � *•jO 14 ' 190? ^ + V • V a / : szs+ (1� 2400 57.27 o�s `j 2100 V 2000 16 „ 2300 s �Q 15 : v 13 w 12 a = SO INITIAL its • I iw TRACT A site 2432f� X50. 32a 1D 322 q 3500 - ( � 400 5.64 Ac. /.BB .4c. 26 25 27 loo, 500 LECZEN 188 Ac ST2EF_-r ,3 E. V dc.AT22 25�D ::: 24 fI 3600 88 Ac I 329.06 326.06 �O 7O0 600 c J& Ac i CITY OF TIGARD, OREGON ORDINANCE NO. 87-_--a - AN ORDINANCE CREATING THE SW 135TH AVENUE LOCAL IMPROVEMENT DISTRICT, ORDERING THE CONSTRUCTION OF STREET IMPROVEMENTS IN ACCORDANCE WITH THE PRELIMINARY ENGINEER'S REPORT, DIRECTING BID PROPOSALS BE REQUESTED, SETTING FORTH THE METHOD OF ASSESSMENT AND METHOD OF FINANCING. The City Council Finds: 1. On August 11, 1986, the City Council initiated consideration of a local improvement district for street improvements on SW 135th Avenue. 2. The Community Development Director submitted a report to the Council recommending the district be formed. The recommendation was based on a Preliminary Evaluation Report and the Council's adopted policy regarding priorities. 3. The Council, by Resolution No. 87-101, stated its intention to form the district, to make the improvements and to hold a public hearing to receive remonstrances. E 4. At least ten days prior to the hearing, individual notice was mailed by first class mail to all property owners within the local improvement district and notice was published in the Tigard Times. a 5. The hearing was held on August 31, 1987. At the hearing, the Council received remonstrances from the owners of 24 properties within the district. 6. There are 436 benefited properties, and there were remonstrances from the owners of 24_ properties, representing 35.2% of the land area. The Charter provides that a local improvement district cannot be formed if the property owners of 66-2/3% of the land area within the district remonstrate. The remonstrances did not approach this number. 7. The Council adopted the Preliminary Engineer's Report by Resolution No. ?. 87-28, and amended the Report by Resolution No. 87-101. Further revisions i have been made through the hearings process. t B. The City has proceeded in accordance with state statutes, its charter and ordinances. E' THE CITY OF TIGARD ORDAINS AS FOLLOWS: i Section 1: The SW 135th Avenue Local Improvement District is created. The legal description is set forth in attached Exhibit A. i ORDINANCE NO. 87- � Page 1 s r MEWi i t Section 2: The improvements shall be made in accordance with the preliminary engineer's report as amended through the hearings process as set forth in the report adopted by Resolution No. AWN 87-28 and amended by Resolution No. 87-101. Said report is further amended by adoption of the "Addendum to Preliminary Engineering Report" attached hereto as Exhibit B. Section 3: The benefited properties include all properties described in Exhibit A exclusive of public improvements. Section 4: The City Engineer is directed to invite bid proposals for the construction of the improvements in the manner prescribed by the Purchasing Rules. Section 5: The total estimated cost for the proposed improvements, not including right-of-way acquisition costs, is $1,124,451 .00. The benefitted properties shall be assessed for all costs of design and construction on the basis of traffic generation potential, as described in the preliminary engineer's report, to arrive at a fair apportionment of the costs among the specially benefitted properties. Existing valid preliminary plats, approved by and lainding on the City of Tigard, shall be recognized in calculating the traffic generation potential. The traffic generation potential shall be based on the zoning in existence on July 13, 1987. Section 6: Due to the potential future alternate access via proposed Murray Boulevard extension, properties in the area described in attached Exhibit C are considered to have a reduced benefit and shall be assessed at 50% of the traffic generation potential of similar lots elsewhere in the district. Section 7: Sufficient right-of-way shall be acquired where necessary to meet the minimum City standards for collector streets (30 feet each side of the centerline of the new roadway). Any and all costs of right-of-way acquisition, including legal and appraisal fees, shall be .assessed on a front-footage basis, as measured along the edge of the new right-of-way.. The acquisition costs will be assessed only against those properties along the new right-of-way which did not dedicate all necessary right-of-way to the City at no cost. Section 8: The improvements are of a character described in ORS 223.205 and the improvements qualify for financing by ' general obligation improven,ent warrants pursuant to ORS 287.502 - 287.510. Section 9. General obligation improvement warrants are authorized to be issued in the aggregate amount of $1,200,000. The interest rate shall be at the lowest interest rate the city can borrow on the date of the sale. ORDINANCE NO. 87-� f Page 2 ; Section 10: The Mayor and Finance Director are authorized to execute the general obligation improvement warrants on behalf of the City. ; Section 11: This ordinance shall become effective on or after the 31st day after its passage by the Council. PASSED: By vote of all Council members present after being read by number and title only, this 1 L/�. day of _S�mh p 6^ _� 1987. cw � oreen R. Wilson, City Ronnrder APPROVED: This L day of _. 1987• s s t M r Thomas M. Brian, Mayor i br/0565D f c E i i L € ORDINANCE N0. 87—,5j t` Page 3 t i r . B-2 EXHIBIT "A" CITY OF TIGARD S.W. 1353h Avenue Local Improvement District Boundary 1 AN AREA OF LAND IN WASHINGTON COUNTY, OREGON, AND IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, IN SECTION 33, TIS, RiW, W.M., AND IN SECTION 4, T2S, R1W, W.M., SAID AREA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4, A POINT ON THE CENTERLINE �} OF S.W. 135TH AVENUE (COUNTY ROAD NO. 934); THENCE, ALONG THE SOUTH t LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, k N 88° 58110" W, 1,106.59 FEET; THENCE, N 1° 01150" E, 848.40 FEET; THENCE, " N 130 3Y 01" E, 35.00 FEET TO THE SOUTHWESTERLY MOST CORNER OF COTSWALD MEADOWS NO. 3, A SUBDIVISION OF PLAT OF RECORD; THENCE, Im ALONG THE WESTERLY LINE OF SAID PLAT, N 139 35'01" E, 35.00 FEET; THENCE, LIM6 CONTINUING ALONG SAID WESTERLY LINE, N 1° 34157" E, 470.13 FEET; THENCE, E CONTINUING ALONG SAID WESTERLY LINE, N 410 54111" E, 34.54 FEET; THENCE, 6 CONTINUING ALONG SAID WESTERLY LINE, N 859 27-16- E, 101.22 FEET; 3 THENCE, CONTINUING ALONG SAID WESTERLY LINE, S 880 22'28" E, 75.39 FEET TO THE SOUTHWEST CORNER OF LOT 113 OF SAID COTSWALD MEADOWS NO. 3; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 1° 37132" E, 90.00 FEET; e THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 880 22128" W. 20.35 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE., N 1° 37132" E, 140.00 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 339 23123" E, 90.58 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 1° 34135" E, 505.74 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 1° 38152" E, 50.00 FEET; ` THENCE, CONTINUING ALONG SAID WESTERLY LINE, ALONG THE ARC OF A NON—TANGENT 375.00 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 5° 20146"; LONG CHORD: S .850 40145" E, 34.98 FEET) A DISTANCE OF 34.99 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 34135" E, 87.36 FEET TO THE NORTHERLY MOST NORTHWEST CORNER OF SAID COTSWALD MEADOWS NO. 3; THENCE, ALONG THE NORTH LINE OF COTSWALD .ORDINANCE No. 87- July 9, 1987 Page 1 of 3 t y MEADOWS NO. 3, S 840 35'52" E, 195.43 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID COTSWALD MEADOWS NO. 3 AND A POINT ON THE WEST LINE OF LOT 24, COTSWALD MEADOWS, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG LAST SAID WEST LINE, N 010 34135" E, 8.50 FEET TO THE NORTHWEST CORNER OF SAID LOT 24 AND THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT DEED RECORDED IN BOOK 40, PAGE 509, SAID DEED RECORDS; THENCE, ALONG THE WEST LINE OF SAID TRACT, N 010 34135" E, 330.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT AND A POINT ON THE SOUTH LINE OF THE PLAT OF MILLARD AND VANCHUYVER TRACT, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG SAID SOUTH LINE, N 880 22128" E, 330.00 FEET TO THE SOUTHWEST CORNER OF LOT 32, SAID MILLARD AND VANCHUYVER TRACT; THENCE, ALONG THE WEST LINE OF SAID LOT 32, N 010 34135" E, 1,283.84 FEET TO THE SOUTHWEST CORNER OF THE CERTAIN TRACT OF LAND DESCRIBED IN THAT LAND SALE CONTRACT RECORDED IN BOOK 914, PAGE 762, SAID DEED RECORDS; THENCE, N 370 21'11" E, 340.64 FEET; THENCE, N 220 12-34" W, 77.33 FEET TO THE CENTERLINE OF S.W. SCHOLLS FERRY ROAD (STATE HIGHWAY NO. 210); THENCE, ALONG SAID CENTERLINE, N 670 47126" E, 146.59 FEET TO AN ANGLE POINT OF SAID CENTERLINE AT RWCL STATION 46+42.41 AS SHOWN ON THAT OREGON DEPARTMENT OF TRANSPORTATION DRAWING TITLED "SCROLLS HIGHWAY AT S.W. 135TH & OLD SCHOLLS FERRY ROAD DETAIL MAP'; THENCE, CONTINUING ALONG SAID CENTERLINE, N 710 32'01" E, 80.00 FEET; THENCE, S 180 27159" E, 114.04 FEET; THENCE, S 620 42101" E, 745.28 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT BARGAIN AND SALE DEED RECORDED AS DOCUMENT NO. 83027784, SAID•DEED RECORDS; THENCE, ALONG THE WEST LINE OF SAID TRACT, S 010 34137" W, 990.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT AND A POINT ON THE NORTH LINE OF BRITTANY SQUARE NO. 3, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG SAID NORTH LINE, S 880 23141" E, 145.70 FEET TO THE CENTERLINE OF S.W. WINTERLAKE DRIVE; THENCE, ALONG SAID CENTERLINE, S 010 36119" W, 150.00 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID CENTERLINE AND ALONG THE ARC OF A 280.00 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 480 51136"; LONG CHORD: S 220 49129" E, 231.61 FEET) A DISTANCE OF 238.78 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID CENTERLINE, S 470 15117" E, ORDINANCE No. 87- Page 2 of 3 a 165.51 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID CENTERLINE, ALONG THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 34° 49117; LONG CHORD: S 66° 18-36" E, 179.53 FEET) A DISTANCE OF 182.32 FEET TO THE CENTERLINE OF S.W. 130TH AVENUE AND ' THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER } OF SAID SECTION 33; THENCE, ALONG SAID EAST LINE, S 010 3012" W, 1,095 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE NORTHWEST f QUARTER OF THE NORTHEAST QUARTER OF THE AFORESAID SECTION 4, AND a; THE NORTHEAST CORNER OF LOT 95, MORNING HILL NO. 4, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE EAST LINE OF SAID MORNING HILL NO. 4, S 2° 27'28'- W, 767.73 FEET TO THE SOUTHERLY MOST { SOUTHEAST CORNER OF SAID MORNING HILL NO. 4; THENCE, CONTINUING ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 2° 27128" W, 1,199.59 FEET TO THE NORTHERLY RIGHT—OF— WAY LINE OF S.W. WALNUT STREET (COUNTY ROAD NO.934); THENCE, ALONG SAID NORTHERLY AND NORTHEASTERLY RIGHT—OF—WAY LINE, N 860 59-3311 W, 521.09 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT—OF—WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 23° 251; LONG CHORD: N 75° 17-03", 224.42 FEET) is A DISTANCE OF 225.99 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT—OF—WAY LINE, N 639 34-33- W, 181.0 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT—OF—WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 260 05; LONG CHORD: N 500 32103" W, 249.56 FEET) A DISTANCE OF 251.73 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT—OF—WAY LINE, N 37° 29133" W, 151.4 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT—OF—WAY LINE, ALONG THE ARC OF A 457.46 FOOT RADIUS CURVE TO THE RIGHT (CENTAL ANGLE: 260 59"; LONG CHORD: N 249 00103" W, 213.45 FEET) A DISTANCE OF 215.44 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT—OF—WAY LINE, ; N 100 30133" W, 5.32 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE, ALONG SAID EASTERLY EXTENSION, N 88° 58110" W, 20.41 FEET TO THE POINT OF BEGINNING. ORDINANCE No. 87- f I Page 3 of 3 EXHIBIT B { ADDENDUM TO PRELIMINARY ENGINEERING REPORT t t 4805 S.W. t Robert E Wv-yep Consultants,Inc. (503)6437537ith Drive. ,ice too,Beaverton,OR s�oos !! I k 1548-00 August 27, 1987 s t Randy Wooley t City Engineer City of Tigard ii P.O. Box 23397 E Tigard, OR 97223 Re: 135th Avenue LID Addendum to Preliminary Engineering Report Dear Randy: This Addendum is written as a supplement to the Preliminary Engineering Re 135th Avenue/Murray Boulevard LID dated February 6, 1987. gig Port for the The purpose of this Addendum Is to describe and document the revised project scope and pertinent data for the proposed 135th Avenue LID. Several alternatives to the LID originally presented In the February 6, 1987 report have been evaluated, with the selected alternative identified as B-2. Material presented in this Addendum Is limited to Alternative B-2. Portions of the original report including Design _ Requirements and Preliminary Design for 135th Avenue remain unchanged except as - described herein. The following items are included in this Addendum. I. Project bescription for Alternative: B-2 2. LID Boundary and Legal Description 3. Opinion of Probable Cost 4. LID Ownership Roll 5. LID Assessment Roll 6. Maps Please call if you have any questions. Sincerely, ROBERT E. MEYER CONSULTANTS, INC. lDavid H. Sandstrom, P.E. } Civil Engineering Dept. Head I Engineering• Planning• Surveying• Landscape Architecture 1 \ I 4 • 4 City of Tigard 135th Avenue LID 1. PROJECT DESCRIPTION ;I Improvements to be constructed under the LID are limited to 135th Avenue. Murray Boulevard improvements are not included. Construction improvements for 135th Avenue will begin at the south line of LID Lot 389 and run north to Scholls Ferry Road, a distance of approximately 3500 i lineal feet. Construction will include a transition to match the existing 135th Avenue improvements near the south line of Lot 389 if Murray IBoulevard has not been constructed prior to 135th Avenue LID completion. I I Improvements will Include reconstruction of 135th Avenue to Minor Collector standards including: * Right-of-way width is a minimum of 60 feet * Street width 40 feet between curbs * Curb and gutter plus five (5) foot sidewalks on each side * Lane configuration includes two (2) travel lanes plus a bike lane on each side, within the curbs * Existing overhead power and telephone lines will be underground * The Summer Creek crossing will include construction of a low road profile culvert crossing that will be flooded during a 100- 'year flood as well as more frequent floods. The design will meet FEMA flood plain regulations for no increase in flood plain elevation as a result of the improvements. Prior to final design a bridge alternative for the Summer Creek crossing will be evaluated and presented to the City Council for review. 1548-00 �1. l� a City of Tigard S.W. 135th Avenue LID 2. LID BOUNDARY AND LEGAL DESCRIPTION The LID boundary has been revised as shown on the enclosed maps, 1 of 4 and 2 of 4. Two legal descriptions have been prepared for the LID. Description B-2 represents the boundary of the entire LID. Description B-2-S represents the reduced assessment portion of the LID including LID Lot 302 and Lot 390A. Legal description B-2-S is provided for assessment purposes. The two parcels in B-2-S will also participate In constructing Improvements to 135th Avenue and Murray Boulevard south of Lot 389 and will therefore be assessed at a lower rate than the northerly parcels. 1548-00 B-2 z s CITY OF TIGARD i f S.W. 135th Avenue f Local Improvement District Boundary AN AREA OF LAND IN WASHINGTON COUNTY, OREGON, AND IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, IN SECTION 33, TIS, R1W, W.M., AND e IN SECTION 4, T2S, R1W, W.M., SAID AREA BEING MORE PARTICULARLY ` i DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4, A POINT ON THE CENTERLINE OF S.W. 135TH AVENUE (COUNTY ROAD NO. 934); THENCE, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER N 88° 58110" W, 1,106.59 FEET; THENCE, N 1° 01150" E, 848.40 FEET; THENCE, N 130 35' 01" E, 35.00 FEET TO THE SOUTHWESTERLY MOST CORNER OF � t COTSWALD MEADOWS NO. 3, A SUBDIVISION OF PLAT OF RECORD; THENCE, ALONG THE WESTERLY LINE OF SAID PLAT, N 13° 35101" E, 35.00 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 34157" E, 470.13 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 410 54111" E, 34.54 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 8A 27'16" E, 101.22 FEET; f THENCE, CONTINUING ALONG SAID WESTERLY LINE, S 880 22'28" E, 75.39 FEET TO THE SOUTHWEST CORNER OF LOT 113 OF SAID COTSWALD MEADOWS NO. 3; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 37'32" E, 90.00 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 880 22'28" W, 20.35 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 37132" E, 140.00 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 33° 23123" E, 90.58 FEET; t THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 34135" E, 505.74 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 38152" E, 50.00 FEET; ? THENCE, CONTINUING ALONG SAID WESTERLY LINE, ALONG THE ARC OF A NON-TANGENT 375.00 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 50 20146"; LONG CHORD: S 850 40145" E, 34.98 FEET) A DISTANCE OF 34.99 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, N 10 34'35" E, 87.36 FEET TO THE NORTHERLY MOST NORTHWEST CORNER OF SAID !I COTSWALD MEADOWS NO. 3; THENCE, ALONG THE NORTH LINE OF COTSWALD ' r C July 9, 1987 Page 1 of 3 If r l B-2 �f MEADOWS NO. 3, S 84° 35152" E, .195.43 FEET TO THE NORTHERLY MOST I NORTHEAST CORNER OF SAID COTSWALD MEADOWS NO. 3 AND A POINT ON THE WEST LINE. OF LOT 24, COTSWALD MEADOWS, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG LAST SAID WEST LINE, N 010 34135" E, 8.50 FEET TO THE NORTHWEST CORNER OF SAID LOT 24 AND THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT DEED RECORDED IN BOOK 401 PAGE 509, SAID DEED RECORDS; THENCE, ALONG THE WEST LINE OF SAID TRACT, N 01° 34'35" E, 330.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT AND A POINT ON THE SOUTH LINE OF THE PLAT OF MILLARD AND VANCHUYVER TRACT, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG SAID SOUTH LINE, N 88° 22128" E, 330.00 FEET TO THE SOUTHWEST CORNER OF LOT 32, SAID MILLARD AND VANCHUYVER TRACT; THENCE, ALONG THE WEST LINE OF SAID LOT 32, N 01° 34'35" E, 1,283.84 FEET TO THE SOUTHWEST CORNER OF THE CERTAIN TRACT OF LAND DESCRIBED IN THAT LAND SALE CONTRACT RECORDED IN BOOK 914, PAGE 762, SAID DEED RECORDS; THENCE, N 37° 21111" E, 340.64 FEET; THENCE, N 22° 12'34" W, 77.33 FEET TO THE. CENTERLINE OF S.W. SCHOLLS FERRY ROAD (STATE HIGHWAY NO. 210); THENCE, ALONG SAID CENTERLINE, N 67° 47'26" E, 146.59 FEET TO AN ANGLE POINT OF SAID CENTERLINE AT RWCL STATION 46+42.41 AS SHOWN ON THAT OREGON DEPARTMENT OF TRANSPORTATION DRAWING TITLED "SCHOLLS HIGHWAY AT S.W. 135TH & OLD SCHOLLS FERRY ROAD DETAIL MAP"; THENCE, CONTINUING ALONG SAID CENTERLINE, N 71° 32101" E, 80.00 FEET; THENCE, S 1R° 27159" E, 114.04 FEET; THENCE, S 62° 42101" E, 745.28 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT BARGAIN AND SALE DEED RECORDED AS DOCUMENT NO. 83027784, SAID DEED RECORDS; THENCE, ALONG THE WEST LINE OF SAID TRACT, S 01° 34'37" W, 990.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT AND A POINT ON THE NORTH LINE OF BRITTANY SQUARE NO. 3, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG SAID NORTH LINE, S 880 23141" E, 145.70 FEET TO THE CENTERLINE OF S.W. WINTERLAKE DRIVE; THENCE, ALONG SAID CENTERLINE, S 01° 36'19" W, 150.00 FEET TO A POINT OF CUR':ATURE; THENCE, CONTINUING ALONG SAID CENTERLINE AND ALONG THE ARC OFA 250.00 FOOT RADIUS II CURVE TO THE LEFT (CENTRAL ANGLE: 48° 51136"; LONG CHORD: S 22° 49129" E, 231.61 FEET) A DISTANCE OF 238.78 FEET TO A POINT OF �! TANGENCY; THENCE, CONTINUING ALONG SAID CENTERLINE, S 470 15'17" E, i Page 2 of 3 B-2 165.51 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID CENTERLINE, ALONG THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 340 49'17"; LONG CHORD: S 660 18'36" E, 179.53 FEET) A DISTANCE OF 182.32 FEET TO THE CENTERLINE OF S.W. 130TH AVENUE AND THE EAST LINE OF THE SOUTHWES-r QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE, ALONG SAID EAST LINE, S 010 30'2" W, 1,095 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE AFORESAID SECTION 4, AND THE NORTHEAST CORNER OF LOT 95, MORNING HILL NO. 4, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE EAST LINE OF SAID MORNING HILL NO. 4, S 20 27128" W, 767.73 FEET TO THE SOUTHERLY MOST SOUTHEAST CORNER OF SAID MORNING HILL NO. 4; THENCE, CONTINUING ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 20 27128" W, 1,199.59 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF S.W. WALNUT STREET (COUNTY ROAD NO.934); THENCE, ALONG SAID NORTHERLY AND NORTHEASTERLY RIGHT-OF-WAY LINE, N 860 59133" W, IN 521.09 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 230 25'; LONG CHORD: N 750 17'C3", 224.42 FEET) A DISTANCE OF 225.99 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, N 630 34133" W, 181.0 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 260 051; LONG CHORD: N 500 32103" W, 249.56 FEET) A DISTANCE OF 251.73 FEET TO A POINT-OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, N 370 29133" W, 151.4 - FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 457.46 FOOT RADIUS CURVE TO THE RIGHT (CENTAL ANGLE: 260 59'; LONG CHORD: N 240 00103" W, 213.45 FEET) A DISTANCE OF 215.44 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, N 100 30133" W, 5.32 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE, ALONG SAID EASTERLY EXTENSION, N 880 58'10" W, 20.41 FEET TO THE POINT OF BEGINNING. Page 3 of 3 '1. B-2-S CITY OF TIGARD S.W. 135th Avenue Local Improvement District Boundary AN AREA OF LAND IN WASHINGTON COUNTY, OREGON, AND IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, IN SECTION 33, TIS, R1W, W.M., AND IN SECTION 4, T2S, R1W, W.M., SAID AREA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF MORNING HILL NO. 51 A SUBDIVISION PLAT OF RECORD, A POINT ON THE CENTERLINE OF S.W. 135TH AVENUE (COUNTY ROAD NO. 934) AND A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 4 WHICH BEARS S 2° 14'27" W, 607.38 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE, N 870 45'33" W, 20.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 135TH AVENUE; THENCE, ALONG SAID WEST RIGHT-OF-WAY LINE, N 20 14127" E, 119.31 FEET 1'0 THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT DEED TO WALTER WEST CORPORATION AS RECORDED AS FEE NO. 86021792, WASHINGTON COUNTY, OREGON, DEED RECORDS; THENCE, ALONG SAID SOUTH LINE, S 88° 25'03" W, 459.95 FEET TO THE EASTERLY MOST LINE OF COTSWALD MEADOWS NO. 3, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG SAID EASTERLY LINE OF SAID SUBDIVISION, S 4° 23112" W, 35.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID COTSWALD MEADOWS i NO. 3 AND A POINT ON THE CENTERLINE- OF S.W. MURRAY BOULEVARD; } THENCE, ALONG SAID CENTERLINE, ALONG THE ARC OF A NON-TANGENT ` 500.00 FOOT .RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 2° 48115; LONG I CHORD: N 870 00156" W, 24.47 FEET) A DISTANCE OF 24.47 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID CENTERLINE, N 88° 2>03" W, ' 424.31 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID E CENTERLINE, ALONG THE ARC OF A 900.00 FOOT RADIUS CURVE TO THE RIGHT I (CENTRAL ANGLE: 120 00104"; LONG CHORD: N 82° 25'01" W, 188.17 FEET) A DISTANCE OF 188.31 FEET TO THE SOUTHWESTERLY MOST CORNER OF SAID COTSWALD MEADOWS NO. 3; THENCE, S 130 35101" W, 35.00 FEET; THENCE, l S 1° 01150" W, 848.40 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER 1 OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE, ALONG SAID E SOUTH LINE, S 880 58110" E, 1,106.59 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEASTI QUARTER; A POINT ON THE JUly 9, 1987 (; Page I of 3 1 B-2-S CENTERLINE OF THE AFORESAID S.W. 135TH AVENUE; THENCE, ALONG THE EASTERLY PROLONGATION OF SAID SOUTH LINE, S 880 58110" E, 20.41 FEET TO I ' THE EASTERLY RIGHT-OF-WAY LINE OF SAID S.W. 135TH AVENUE AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF S.W. WALNUT STREET (COUNTY ROAD NO. 934); THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, S 100 30'33" E, 5.32 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 457.46 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 26° 59"; LONG CHORD: S 24° 00'03" E, 213.45 FEET) A DISTANCE OF 215.44 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, S 37° 29133" E, 151.4 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE LEFT r (CENTRAL ANGLE: 260 051; LONG CHORD: S50" 32103" E, 249.56 FEET) A f r DISTANCE OF 251.73 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIHT-OF-WAY LINE, S630 34133" E, 181.0 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 23° 251; LONG CHORD: S 75° 17'03" E, 224.42 FEET) A DISTANCE OF 225.99 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, S 86° 59'33" W, 521.09 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE, ALONG SAID EAST LINE, N 2° 27128" E, 1,199.59 FEET TO THE SOUTHEASTERLY MOST CORNER OF 3 MORNING HILL NO. 4, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE ; SOUTHERLY MOST LINE OF SAID MORNING HILL NO.4, N 810 21115" W, 306.04 i FEET TO THE SOUTHERLY MOST SOUTHWEST CORNER OF SAID MORNING HILL NO. 4 AND THE EASTERLY MOST SOUTHEAST CORNER OF MORNING HILL NO. 2, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE SOUTHERLY LINE OF SAID MORNING HILL NO. 2, N 760 39134" W, 276.50 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, S 13° 20126" W, 37.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 76° 39'34" W, 103.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, S 130 20126" W, 10.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 760 39134" W, 30.00 FEET TO THE SOUTHERLY MOST SOUTHEAST CORNER OF MORNING HILL NO. 3, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE SOUTHERLY i LINE OF SAID MORNING HILL NO. 3, N 760 39134" W, 209.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 70° 57'13" W, 147.95 FEET; Page 2 of 3 i E 1 4 B-2-S THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N87 0 38140" W, 74.00 FEET TO THE SOUTHWEST CORNER OF SAID MORNING HILL NO. 3 AND THE SOUTHEAST CORNER OF THE AFORESAID PLAT OF MORNING HILL NO. 5; THENCE, ALONG THE SOUTH LINE OF SAID MORNING HILL NO. 5, N 870 46117" W, 183.53 FEET TO THE SOUTHWEST CORNER OF SAID MORNING HILL NO. S AND THE POINT OF BEGINNING. 1 own V. i III ' I i r i i I C Page 3of3 ; I i {X wry; ? 3 s, .. -Ar 1 1 Y �h f � r • � 5• f. r. . E2E aid•`- .,,.'s'..;. r I 3_ :.'. p 's. Ya �b Jc t 1 '+- � yr- �b A f• 1') �-. �� T dt 'Y y�' y' a..i�a,i ..�v�t+l t i ^�'l y 1'�. .�. ..... +_......,.. ''+.. !�..�•..}..... .._ _*±"`tai _ ' .d5.:� T ^_'�' ..... �,.?"...._.. .,_ ..,1 .,. _",'a. ,......"..,.�� � _..,� r ..._ .r. .....� .. ... .,�._'`. ... ......... ....... _.....•. ...1. ...L''.•. CITY OF TIGARD REVISED 135TH AVE L. I.D. OPINION OF PROBABLE COST 135TH AVE:TWO SIDEWALKS STATION 2+10 TO 37+30 SECTION ITEM QUANTITY UNIT PRICE TOTAL 201 MOBILIZATION (5%) L.S. $46,900 202 TEMP. TRAFFIC CONTROL L.S. $20+000 203 CLEAR AND GRUB 1.9 AC. 1500.00 $2,850 204 EARTHWORK 22500 C.Y. 3.50 $78,750 900 C.Y. 3.50 $3, 150 OVEREXCAVATION j 207 AGGREGATE BASEROCK 15"DEPTH 19000 S.Y. 5.20 $98,800 l FOUNDATION STABILIZATION 900 C.Y. 12.00 (10,800 211 ASPHALTIC CONCRETE 4" DEPTH 15820 S.Y. 7.05 $1 ,531 213 CURB AND GUTTER 7270 L.F. 6.00 (4433,620 VALLEY GUTTER 90 L.F. 6.00 $540 214 DRIVEWAY200 S.Y. 17.50 $3,500 A.CONCRETE RAMPS f2 000 B.TRANSITIONS TO O.G. 5 E.A. 400.00 , 215 SIDEWALK 5+WIDE 3905 S.Y. 15.00 $58,575 216 ADJUST INCIDENTALS A.MANHOLES, VALVES, ETC. 20 EA. 250.00 $5,000 B.RELOCATE MAILBOXES 12 EA. 100.00 (1,200 217 UTILITIES ELECTRICAL UNDERGROUND A.TRENCHING AND BACKFILL 3635 L.F. 7.50 $27,263 B.4" SCH 40 CONDUIT 3635 L.F. 2.50 (9,088 C.VAULT U.V. 506 8 EA. 1000.00 $8,0(30 D.PGE FEE L.S. 0.00 $16,750 ILLUMINATION A.FIXTURE. POLE, BASE 14 EA 1750.00 $ ,500 $7 B.CONDUIT 2" SCH 40 PVC 3635 L.F. 2.00 $1,2$00 C.TRENCHING & BACKFILL 3635 L.F. 0.00 TELEPHONE SYSTEM $0 A.TRENCHING & BACKFILL 3635 L.F. 0.00 B.DIRECT BURY CABLE 3635 L.F. 6.50 $23,628 CABLE T.V. A.CONDUIT 2" SCH 40 PVC 7500 L.F. 2.00 f15,000 219 SIGNING AND STRIPING 3635 L.F. 1.40 $5,089 222 LANDSCAPING 5250 S.Y. 5.00 $26,250 223 CLEANUP L.S. $5,000 301 TRENCH EXCAV, BEDDING & $28 000 BACKFILL 0-6+ 2800 L.F. 10.00 + 303 SANITARY SEWER PIPE 8" PVC 240 L.F. 10.00 $2,400 CONCRETE ENCASEMENT 50 L.F. 40.00 $2,000 305 STORM DRAIN PIPE 12" DIAM C76-III RCP 1491 L.F. 12.50 $18,638 15" DIAM C76-III RCP 670 L.F. 15.50 $10,385 18" DIAM C76-III RCP 880 L.F. 18.00 $15,840 54" DIAM C76-IV RCP 180 L.F. 200.00 $36.000 307 CATCH BASINS AND INLETS CATCH BASIN 12 EA. 450.00 $5.400 OVERSIZED CATCH BASIN 7 EA. 750.00 $5,250 i 502 HEADWALL STRUCTURES 2 EA. 8000.00 $16.200 1987 TO 1988 CONSTRUCTION LABOR AND MATERIAL INFLATIONt3.5%) $26. 182 i PAGE 1 i i SUBTOTAL $821, 147 CONSTRUCTION CONTINGENCIES QS%) $123,172 ADMIN., LEGAL,& ENGINEERING (c'2%) $180,652 TOTAL $1, 124,972 i VIEW i i t i E� 1 E s g I3 I f t t i i f x i I i i t i 1, �F t } Page 2 iCity of Tigard i 135th Avenue LID AWNi 4. OWNERSHIP ROLL The ownership roll has been updated by Stewart Title to reflect ownership Iof LID parcels as of June 10, 1987. i i . c 1548-00 i L.I.D. Map Owner No. Tax Lot No. Name & Address 1 1S133A 00300 Grabhorn, Lucinda Rt. 1 Box 844 Beaverton, OR 97005 2 1S133C 00100 Duggan, Daniel G and Judith A 11035 SW 135th St Tigard, OR 97223 3 1S133C 00101 Halvorson, Charles H and Karen R gn 10525 SW Clydesdale PI Tigard, OR 97223 4 1S133C 00102 Nelson, Gary R and Patsy A 11295 SW 135th Ave Tigard, OR 97223 5 1S133C 00103 Coe, Gary R 11115 SW 135th Ave Portland, OR 97223 6 1S133C 00104 Wright, Larry and Mary Dunlop, Eugene I Ross, William E 2955 SW Fairview Blvd Portland, OR 97201 7 1S133C 00105 Nelson, Gary R and Patsy A 11295 SW 135th Ave FA Tigard, OR 97223 8 1S133C 00106 Jackman, Steven R % Lauritzen, Thomas H and Barbara L 2238 NE Lilac Ct Hillsboro, OR 97124 9 1S133C 00107 Nelson, Gary R and Patsy A 11295 SW 135th Ave Tigard, OR 97223 10 IS133C 00108 Halvorson, Charles H and Karen R 10525 SW Clydesdale PI Tigard, OR 97223 Page 1 L.I.D. Map do Owner No. Tax Lot No. Name do Address 11 1S133CD 00100 Donivan, Etta A 11545 SW 135th Ave Tigard, OR 97223 12 1S133CD 00200 Krueger, Margery F Rt 1 Bx 792 Beaverton, OR 97007 13 1S133CD 00300 Kearns, Harold R and Elisabetha N 11720 SW Swendon Loop Tigard, OR 97223 14 1S133CD 00400 Wedgewood Homes, Inc. 13250 SW Falcon Pine Dr. Tigard, OR 97223 15 1S133CD 00500 Litteer, Clarissa L 1407 SE 27th #8 Portland, OR 97214 i 16 1S133CD 00600 Wildermuth, Keith A and Deanna M 11732 SW Swendon Loop Tigard, OR 97223 j 17 1S133CD 00700 Baker, Clarence H Brown, Kathleen M 11736 SW Swendon Loop i Tigard, OR 97223 i 18 1S133CD 00800 Nitsos, Marcus Samuel 11740 SW Swendon Loop Tigard, OR 97223 19 15133CD 00900 Peregrine, Lee and 5 Sophia 32240 Armitage P1 Wilsonville, OR 97070 20 1S133CD 01000 Poulin, Mark 3950 SW 102nd, #14 Beaverton, OR 97005 21 151 33C 01100 Boyd, Roy N and Barbara 11752 SW Swendon Loop Tigard, OR 97223 s Page 2 s L.I.D. Map 8c Owner No. Tax Lot No. Name do Address 22 1S133CD 01200 Wells, Daniel C and Debora 11756 SW Swendon Loop Tigard, OR 97223 23 1S133CD 01300 Angeles, Miximo E and Socorro G 12120 SW Swendon Loop Tigard, OR 97223 24 1S133CD 01400 Hodgson, Glen J and Machecek, Julia A 11762 SW Swendon Loop Tigard, OR 97223 25 1S133CD 01500 McLeod, Karen L 11764 SW Swendon Loop Tigard, OR 97223 26 1S133CD 01600 Noar, Earl R and Diana L 11766 SW Swendon Loop Tigard, OR 97223 27 1S133CD 01700 Rider, Marilyn Y and James M 11768 SW Swendon Loop Tigard, OR 97223 28 1S133CD 01800 Eastman, David 3 and Coleen T 11770 SW Swendon Loop Tigard, OR 97223 29 1S133CD 01900 Rust, Mark A and Merrill J 12300 SW Swendon Loop Tigard, OR 97223 30 1S133CD 02000 Chet Harrington Const. Inc. 13605 NE Brazee Ct Portland, OR 97230 31 1S133CD 02100 Herberger, Thomas D. and Beverly A. 11782 SW Swendon Loop Tigard, OR 97223 32 1S133CD 02200 Drakeley, G Thomas 12184 SW Walden Lane ( Beaverton, OR 97005 Page 3 ' I L.I.D. Map & Owner No. Tax Lot No. Name & Address 33 1S133CD 02300 Gerking, Michael W and Gregory G 11790 SW Swendon Loop Tigard, OR 97223 34 1S133CD 02400 Maughan, Richard T and Carolyn M 11794 SW Swendon Loop Tigard, OR 97223 35 1S133CD 02500 Manning, John R and Mary C 11788 SW Swendon Loop Tigard, OR 97223 36 1S133CD 02600 Ertel, David R 9085 SW Coral Tigard, OR 97223 37 1S133CD 02700 Chappell, Ronald E and Janet E 13275 SW Ashbury Lane Tigard, OR 97223 38 1S133CD 02800 Uetz, Robert C and Campbell, Laura A 13705 SW Ashbury Ln Tigard, OR 97223 39 1S133CD 02900 Kirk, Thomas L and Cynthia G 13681 SW Ashbury Ln Tigard, OR 97223 40 1S133CD 03000 - Brown, William L and Jeanne S 13665 SW Ashbury Ln Tigard, OR 97223 41 1S133CD 03100 Qualico, Inc. 19155 SE McLoughlin Gladstone, Or 97027 42 1S133CD 03200 McGee, Thomas L and Robin D 13621 SW Ashbury Ln Tigard, OR 97223 43 1S133CD 03300 Mays, Peter T 13593 SW Ashbury Ln Tigard, OR 97223 Page 4 J L.I.D. Map Lac Owner No. Tax Lot No. Name & Address 44 1S133CD 03400 Gregos, Debra J 13579 SW Ashbury Ln Tigard, OR 97223 45 1S133CD 03500 Tom Miller Builder, Inc. 1478 N Sherwood Blvd Sherwood, OR 97140 46 1S133CD 03600 Cooper, William R 19155 SE McLoughlin Blvd Gladstone, OR 97027 47 15133CD 03700 Wiland, Blake and Sharryl 13527 SW Ashbury Ln Tigard, OR 97223 48 1S133CD 03800 Wedgewood Homes, Inc. 13250 SW Falcon Rise Dr. Tigard, OR 97223 49 1S133CD 03900 Johnson, Brad R and Paula J 11708 SW Swendon Loop Tigard, OR 97223 50 1S133CD 04000 Morgan, Daniel G and Martha 8525 N Bayard Portland, OR 97217 51 1S133CD 04100 Frutiger, Michael L and Kathleen R 11716 SW Swendon Loop Tigard, OR 97223 52 15133CD 04200 . Powell, William F and Nancy A 13580 SW Ashbury Ln Tigard, OR 97223 53 iS133CD 04300 Jaffe, Michael G; Goldberg, Jani; and Goldberg, Herman 13598 SW Ashbury Ln Tigard, OR 97223 54 1S133CD 04400 Wanvig, Kenneth A and Shelli P 13620 SW Ashbury Ln { Tigard, OR 97223 Page 5 i L.I.D. Map & Owner No. Tax Lot No. Name & Address 01 55 1S133CD 04500 Schultz, Kenneth and Debra J 13642 SW Ashbury Ln Tigard, OR 97223 56 1S133CD 04600 Monje, Michael T Lanelle A 13664 SW Ashbury Ln Tigard, OR 97223 57 1S133CD 04700 Qualico, Inc. 19155 SE McLoughlin Gladstone, OR 97027 58 1S133CD 04800 Hanna, Anita K 13675 SW Feiring Tigard, OR 97224 I 59 1S133CD 04900 Adams, Steven G and Nina C 11319 SW Basswood Ct Tigard, OR 97223 :0 IS133CD 05000 Domenighini, James M and Lisa A 14545 SW Hall Blvd Tigard, OR 97223 61 1S133CD 05100 Chet Harrington Const.Co.Inc. 13605 NE Brazee Ct Portland, OR 97230 I62 1S133CD 05200 Jordan Home: Inc Attn: Michael R Johnson 11785 SW Settler Way Beaverton, OR 97005 63 1S133CD 05300 Gonzales, Pedro and I Maria S 13579 SW Feiring Lane Tigard, OR 97223 i64 1S133CD 05400 Don Morissette Builders, Inc 8745 SW Barbur Blvd. Portland, OR 97219 65 15133CD 05500 Eghlidi, Siamak and I Hazard, Mary L 13596 SW Feiring Lane Tigard, OR 97223 i • Page 6 L.I.D. Map do Owner No. Tax Lot No. Name & Address 66 1S133CD 05600 Rice, Don S and Colleen 13624 SW Feiring Lane Tigard, OR 97223 67 1S133CD 05700 Thompson, Jeffrey M and Brannon, Martha 13648 SW Feiring Lane Tigard, OR 97223 68 1S133CD 05800 Sorg, Bret K and Peggy A 13662 SW Feiring Lane Tigard, OR 97223 69 1S133CD 05900 Melendez, Victor and Debra L 13670 SW Feiring Lane Tigard, OR 97223 70 1S133CD 06000 Seari, Kenneth R and Lani G 11763 S.W. Swendon Loop Tigard, OR 97223 71 1S133CD 06100 Papadakes, Robert J and Benita M 11759 SW Swendon Loop Tigard, OR 97223 72 1S133CD 06200 Fast, Jeff A and Kathy D 11753 SW Swendon Loop Tigard, OR 97223 73 1S133CD 06300 Fitzgerald, David R and Catherine M 11749 SW Swendon Loop Tigard, Or 97223 74 1S133CD 06400 Greene, Benny L and Betty J 11735 SW Swendon Loop Tigard, OR 97223 75 1S133CD 06500 Don Morissette Builders, Inc PO Box 19524 Portland, OR 97219 76 15133CD 06600 Roeser, Kevin W and Karen L 11812 SW Morning Hill Dr Tigard, OR 97223 Page 7 i L.I.D. Map & Owner ,No. Tax Lot No. Name & Address 77 1S133CD 06700 Kalstad, Kevin Carl 11820 SW Morning Hill Dr. Tigard, OR 97223 78 1S133CD 06800 Egging, Edward A and Brook 11828 SW Morning Hill Dr. Tigard, OR 97224 79 1S133CD 06900 Becker, Frank N 11579 SW Swendon Loop Tigard, OR 97223 80 1S133CD 07000 Boylan, lames O and Kathleen V 11844 SW Morning Hill Dr. Tigard, OR 97224 81 1S133CD 07100 Le Bore, Larry D and Christine A 11352 SW Morning Hill Dr. Tigard, OR 97224 82 1S133CD 07200 Lee, Mark L and Lynnett D 11860 SW Morning Hill Dr. Tigard, OR 97223 83 1S133CD 07300 Mulkey, Jonathan B and Robin L 11868 SW Morning Hill Dr. Tigard, OR 97223 84 1S133CD 07400 Bovero, Brian R and Sally E i 11876 SW Morning Hill Dr. Tigard, OR 97223 85 1S133CD 07500 McKnight, A Garth and Denise L 11884 SW Morning Hill Dr. Tigard, OR 97224 86 1S133CD 07600 Don Morissette Builders, Inc PO Box 19524 Portland, OR 97219 87 1S133CD 07700 Trowbridge, David P and Karin R 11885 SW Morning Hill Dr. Tigard, OR 97223 Page 8 L.I.D. Map & Owner i No. Tax Lot No. Name do Address 88 1S13` 3CD 07800 Krueger Devel. Co. ' + 3515 SW Barbur Blvd.#Y-1 Portland, OR 97201 89 1S133CD 07900 Markland Devel. Corp 12057 SE Mt. Scott SW Portland, OR 97226 90 1S133CD 08000 Tom Miller Builder Inc 1478 N Sherwood Blvd. Sherwood, OR 97140 91 1S133CD 08100 Tom Miller Builder, Inc. 1478 N Sherwood Blvd Sherwood, OR 97140 92 1S133CD 0820 Tom Miller Builder, Inc. 1478 N Sherwood Blvd Sherwood, OR 97140 93 1S133CD 08300 Markland Devel. Corp 12057 SE Mt. Scott SW Portland, OR 97226 94 1S133CD 08400 Howden, Edward A and Mary Lou 11829 SW Morning Hill Dr. Tigard, OR 97223 I ' 95 1S133CD 08500 Todd, Christine C and Boan, Jacqueline B 1 11821 SW Morning Hill Dr. Tigard, OR 97223 96 1S133CD 09700 _ McGehee, James K PO Box 25571 Portland, OR 97225 97 1S133CD 09800 McGehee, James K PO Box 25571 Portland, OR 97225 98 1S133CD 09900 McGehee, James K PO Box 25571 Portland, OR 97225 99 1S133CD 10000 Don Morissette Builders, Inc PO Box 19524 Portland, OR 97219 Page 9 L.I.D. Map do Owner No. Tax Lot No. Name & Address t 100 IS133CD 10100 Don Morissette Builders, Inc PO Box 19524 Portland, OR 97219 1 101 IS133CD 10200 Don Morissette Builders, Inc ' PO Box 19524 € Portland, OR 97219 102 IS133CD 10300 Wedgewood Homes, Inc 1 13250 SW Falcon Rise Dr. r Tigard, OR 97223 K 103 IS133CD 10400 Seaman, Chuck 4909 SW Miles Portland, OR 97219 104 IS133CD 10500 Chet Harrington Const.Co.Inc 13605 NE Brazce Ct Portland, OR 97230 105 IS133CD 10600 Sunset Building Consult 2887 SW 196th Av F Aloha, OR 97006 106 1S133CD 10700 Jay Miller Builder PO Box 23291 r Tigard, OR 97223 107 IS133CD 10800 Goldridge Homes, Inc 1870 SE Pine Street Hillsboro, OR 97123 108 IS133CD 10900 McGehee, James K PO Box 25571 Portland, OR 97225 109 15133CD 11000 Euro Homes, Inc 21755 SW Imperial Ct Beaverton, OR 97006 110 IS133CD 11100 Raintree Devel.Co.,Inc 5335 NW Innisbrook Portland, OR 97229 111 15133CD 11200 Harp, Charles R and April B 425 SW Maple Hillsboro, OR 97124 112 IS133CD 11300 Sunset Building, Co.Inc 6800 SW 105th Beaverton, OR 97005 l Page 10 I . 1 L.I.D. Map bt Owner No. Tax_ Lot No. Name be Address 113 1S133CD 11400 Herb Morissette Builders Inc 7470 SW 76th ` Portland, OR 97223 ! 114 1S133CD 11500 McGehee, James K PO Box 25571 Portland, OR 97225 I 115 1S133CD 11600 Fish, Jeffrey P and Schumacher, Harry A dba: Oak Springs Devel. I 10211 SW Barbur Blvd Portland, OR 97219 1 116 1S133CD 11700 Fish, Jeffrey P and Schumacher, Harry A dba: Oak Springs Devel.. 10211 SW Barbur Blvd IPortland, OR 97219 117 1S133CD 11800 Levison, Martin A and Gwendolyn V dba: Dar Mar Construct. 334 SE 32nd Ave Portland, OR 97216 118 1S133CD 11900 McGehee, James K PO Box 25571 Portland, OR 97225 119 1S133CD 12000 McGehee, James K PO Box 25571 Portland, OR 97225 120 15133CD 12100 Don Morissette Builders, Inc PO Box 19425 Portland, OR 97225 121 1S133CD 12200 McGehee, James K PO Box 25571 Portland, OR 97225 122 15133DB 00300 Tea, Jeng K and Doung, Hong C 11566 SW Sheffield Circle Tigard, OR 97223 123 1S133DB 00400 Brua, Blair N and Betty C 11574 SW Sheffield Circle Tigard, OR 97223 Page 11 L.I.D. Map & Owner No. Tax Lot No. Name & Address 124 IS133DB 00500 Forner, Henry E Jr. and Barbara J 11576 SW Sheffield Circle Tigard, OR 97223 125 IS133DB 00600 Albrecht, Ronald J and Janet L 11578 SW Sheffield Circle Tigard, OR 97223 126 IS133DB 00700 Dilworth, Bob 11580 SW Sheffield Circle Tigard, OR 97223 127 IS133DB 00800 McGlinchy, Larry J and Janette H 11586 SW Sheffield Circle Tigard, OR 97223 128 IS133DB 00900 Gilfillan, Scott K and Christine L 11588 SW Sheffield Tigard, OR 97223 129 IS133DB 01000 Hyde, Catherine L 11590 SW Sheffield Cir Tigard, OR 97223 Earn 130 IS133DB 01100 Taylor, John D and as Judith W 11600 SW Sheffield Cir Tigard, OR 97223 so 131 IS133DB 01200 Patterson, James A and Yalorie L 11640 SW Sheffield Cir Tigard, OR 97223 132 IS133DB 01300 McComb, Marilyn L is 11660 SW Sheffield Cir Tigard, OR 97223 133 IS133DB 01400 Swigert, Michael D and Molly A 11685 SW Sheffield Cir Tigard, OR 97223 134 IS133DB 01500 Century 21 Properties, Inc. PO Box 1408 Tualatin, OR 97062 I Page 12 I L.I.D. Map be Owner No. Tax Lot No. Name & Address 135 1S133DB 01600 Century 21 Properties, Inc. I PO Box 1408 Tualatin, OR 97062 136 1S133DB 01700 Hicks, James L and Carrol L 11625 SW Sheffield Circle Tigard, OR 97223 137 1S133DB 01800 Kamps, Gregory L and Kathy S 11605 SW Sheffield Cir Tigard, OR 97223 138 1S133DB 01900 Winter, Stephen J; Marilyn E and John W 11599 SW 134th Tigard, OR 97223 PAM 139 1S133DB 02000 Stephens, David W and Julie A 11597 SW 134th Pl. Tigard, OR 97223 140 1S133DB 02100 Haug, Larry D and Wanda D 11595 SW 134th Pl Tigard, OR- 97223 141 1S133DB 02200 Renaissance Devel. 9636 SW Boones Ferry Rd Portland, OR 97219 142 1S133DB 02300_ Lyyski, Dale A Wasco, Teri V 11591 SW 134th Pl. Tigard, OR 97223 1 143 1S133DB 02400 O'Halloran, Kevin J and Lynn R 16175 SW Kimbal Lake Oswego, OR 97034 144 1S133DB 02500 Robertson, Lee H and Virginia B 13820 SW Cherryhill Dr Beaverton, OR 97005 C_. Page 13 `s I I L.I.D. Map & Owner No. Tax Lot No. Name & Address 145 1S133DB 02600 Stanger, Davis R and Carol D 11585 SW Sheffield Cir Tigard, OR 97223 146 1S133DB 02700 Hawley, Jeffrey K and Linda K 11583 SW Sheffield Circle Tigard, OR 97223 147 1S133DB 02800 Rothenberger, Thomas A and Rosalinda 11581 SW Sheffield Cir Tigard, OR 97223 148 1S133DB 02900 Wayt, Gary S and Heidi L 11579 SW Sheffield Cir Tigard, OR 97223 149 1S133DB 03000 Chang, Yao-Ke and Tam, Wal Chun 11577 SW Sheffield Cir Tigard, OR 97223 150 1S133DB 03100 Bourgeois, Dennis M 11575 SW Sheffield Cir Tigard, OR 97223 151 1S133DB 03200 Scoles, Harry C and Barbara E 11573 SW Sheffield Cir Tigard, OR 97223 152 IS133DB 03300-- Spurgeon, Vickie L 11571 SW Sheffield Cir Tigard, OR 97223 153 1S133DB 03400 Century 21 Properties, Inc. PO Box 1408 Tualatin, OR 97062 154 1S133DB 03500 McKernan Donald and Cheryl 11567 SW Sheffield Cir Tigard, OR 97223 155 1S133DB 03600 Kinnaman, Edward L and Marry A 11635 SW Greenburg Rd Tigard, OR 97223 Page 14 i L.I.D. Map & Owner No. Tax Lot No. Name bt Address 156 1S133DB 03700 McGregor, Richard D and Katherine A 11465 SW Winterlake Dr Tigard, OR 97223 157 1S133DB 03800 Hartwick, Gerald D and Peggy L 11445 SW Winterlake Dr Tigard, OR 97223 158 1S133DB 03900 Gonsalves, Milton F II and Denise 11425 SW Winterlake Dr Tigard, OR 97223 159 1S133DB 04000 Jenkins, William and Carol L 11405 SW Winterlake Dr Tigard, OR 97223 160 1S133DC 00200 Wilson, Steven G and Linda J 11610 SW 1{5th Tigard, OR 97223 161 1S133DC 00300 Scott, George O and Donna M 11640 SW 135th Tigard, OR 97223 162 1S133DC 00400 Scott, George O and Donna M 11640 SW 135th Tigard, OR 97223 163 1S133DC 00500 Krueger, Russell A 1335 SW 66th Ave #402 Portland, OR 97225 164 1S133DC 00600 Wedgewood Homes of Portland, Inc. 13250 SW Falcon Rise Tigard, OR 97223 165 1S133DC 00700 H and K Investors, Inc. 13250 SW Falcon Rise Tigard, OR 97223 166 1S133DC 00800 H and K Investors, Inc. 13250 SW Falcon Rise Tigard, OR 97223 Page 15 r L.I.D. Map do Owner . No. Tax Lot No. Name & Address 4. 167 1S133DC 00801 Hasty, Dennis and Janet W 13065 SW Falcon Rise r Tigard, OR 97223 168 1S133DC 00900 Hasty, Dennis and Janet W 13065 SW Falcon Rise t Tigard, OR 97223 I r 169 1S133DC 01000 Clancy, Martha K 13085 SW Falcon Rise Tigard, OR 97223 t 170 1S133DC 01100 Miller, Dale W and Bridget L 13150 SW Falcon Rise Tigard, OR 97223 171 1S133DC 01200 H and K Investors, Inc. F 13250 SW Falcon Rise Tigard, OR 97223 f 172 1S133DC 01300 Hickman, Vaghn S and Patricia L 3 13145 SW Falcon Rise ' Tigard, OR 97223 { 173 IS133DC 01400 Urushitani, Tomio 13165 SW Falcon Rise Tigard, OR 97223 174 1S133DC 01500 Donaldson, David A and Carol 5 13195 SW Falcon Rise Dr Tigard, OR 97223 e 175 15133DC 01600 Forrest, Linzey J and Thaworn 13217 SW Falcon Rise Tigard, OR 97223 176 1S133DC 01700 Charles, Clive M and Clarena L 4 13225 SW Falcon Rise Tigard, OR 97223 177 1S133DC 01800 Coon, John C and Claudia M 13245 SW Falcon Rise Tigard, OR 97223 Page 16 i I - L.I.D. Map do Owner No. Tax Lot No. Name & Address I 178 1S133DC 01900 Bonebrake, Mark H and Marilyn R 13265 SW Falcon Rise Tigard, OR 97223 I179 1S133DC 02000 Poole, Robert D Jr and Annette 13285 SW Falcon Rise Tigard, OR 97034 180 1S133DC 02100 Benj Franklin Federal Savings and Loan Assn % Abney, Fred E and Joan C ' 11950 SW Morning Hill Dr Tigard, OR 97223 181 1S133DC 02200 George, Robert K and Pamela K 11930 SW Morning Hill Dr Tigard, OR 97223 182 1S133DC 02300 Royal, Stephen and Patrica K and Kendall, Edward L and Mary 11920 SW Morning Hill Dr Tigard, OR 97223 183 1S133DC 02400 Bunte, Richard H and Jan 11910 SW Morning Hill Dr Tigard, OR 97223 184 1S133DC 02500 Morris, John C and Mitzi G 11900 SW Morning Hill Dr Tigard, OR 97223 185 1S133DC 02600 Chen, K C and Fang Tan 11905 S W Morning Hill Dr Tigard, OR 97223 186 1S133DC 02700 Watanabe, Dean A and Leslie and Watanabe, Robert S and Faith F 11915 SW Morning Hill Dr Tigard, OR 97223 Page 17 L.I.D. Map do Owner No. Tax Lot No. Name do Address 187 1S133DC 02800 McCoy, Karen S and V Thomas C 11925 SW Morning Hill Dr Tigard, OR 97223 188 1S133DC 02900 White, Herman and Marianne 11935 SW Morning Hill Dr Tigard, OR 97223 189 1S133DC 03000 Kirma, Victor P 45 Eagle Crest Dr X1215 Lake Oswego, OR 97034 190 1S133DC 03100 Jobelmann, India M and Herman F 11955 SW Morning Hill Dr Tigard, OR 97223 191 1S133DC 03200 Reaves, Marcus C II and Katina M 11965 SW Morning Hill Dr Tigard, OR 97223 192 1S133DC 03300 Knappenberger, John D an Sheryl G 13235 SW Aberdeen Ct Tigard, OR 97223 193 1S133DC 03400 Lankton, Milton C (Trustee) 2300 First Interstate Tower Portland, OR 97201 194 1S133DC 03500 Hanson, Virginia M PO Box 23891 Tigard, OR 97223 195 1S133DC 03600 Nahme, Hans H and Patricia 3 13170 SW Falcon Rise Tigard, OR 97223 196 15133DC 03700 Delarosa, Jesus R and Virginia H 13150 SW Falcon Rise Tigard, OR 97223 197 1S133DC 03800 Ohlson, Mark W and Nancy A 13130 SW Falcon Fise Tigard, OR 97223 Page 18 i L.I.D. Map & Owner No. Tax Lot No. Name & Address 198 1S133DC 03900 Nelson, Gregg and Carol 13110 SW Falcon Rise Tigard, OR 97223 199 1S133DC 04000 Barnett, Jerry D and c1 Arleen N 13090 SW Falcon Rise Tigard, OR 97223 200 1S133DC 04100 Raymond, Gary 13050 SW Falcon Rise Tigard, OR 97223 201 1S133DC 04190 Morning Hill Home Owners Assoc 202 15133DC 04200 Pearl, John R Unknown address 203 1S133DC 04300 Schreiber, Steven H and Dinning, Patricia M 11562 SW Sheffield Cir Tigard, OR 97223 204 1S133DC 04400 Hostetler, Gary D and Nancy L 13250 SW Brittany Tigard, OR 97223 205 1S133DC 04500 Gates, Cathy A 11560 SW 133rd P1 Tigard, OR 97223 206 1S133DC 04600 McAdam, Glenda I _ Formerly Kotz 11558 SW 133rd PI Tigard, OR 97223 i 207 1S133DC 04700 Wheeler, Elnora f 11556 SW 133rd PI Tigard, OR 97223 208 1S133DC 04800 Neve, Julanne I 11554 SW 133rd pl Tigard, OR 97223 209 1S133DC 04900 Ebelmesser, Charles R 8210 SW 19th Portland, OR 97219 Page 19 L.I.D. Map do Owner j No. Tax Lot No. Name & Address 9 210 1S133DC 05000 Wells, Frank H and Patti J 11555 SW Brittany Pl Beaverton, OR 97005 211 1S133DC 05100 Agee, Jacquelyn 11559 SW 133rd PI Tigard, OR 97223 212 1S133DC 05200 Hill, Richard G and Carol J 13285 SW Brittany Dr Tigard, OR 97223 213 1S133DC 05300 Teeters, Harold D and Lynda L 13335 SW Brittany Dr Tigard, OR 97223 21 If 1S133DC 05400 Burczak, Bernard E Jr. and Beth M 13355 SW Brittany Dr Tigard, OR 97223 } 215 1S133DC 05500 Bertrand, Joseph C and Marguerite B 13435 SW Brittany Dr Tigard, OR 97223 r 216 1S133DC 05600 Burns, Michael H 13455 SW Brittany Dr I Tigard, OR 97223 217 1S133DC 05700 Pakulak, Lee W and Betty L 13475 SW Brittany Dr Tigard, OR 97223 218 1S133DC 05800 Frank, Peter and Elaine I 11495 SW Brittany Dr Tigard, OR 97223 219 15133DC 05900 Marshall, Thomas D and Anna M 13490 SW Brittany Dr Tigard, OR 97223 220 1S133DC 06000 Graf, William R Grandchamp, Alice R 11675 SW Sheffield Cir Tigard, OR 97223 t. i Page 20 s x L.I.D. Map & Owner No. Tax Lot No. Name & Address 221 1S133DC 06100 Eggen, Randy L 13420 SW Brittany Dr Tigard, OR 97223 222 1S133DC 06200 Century 21 Properties, Inc. PO Box 1408 Tualatin, OR 97062 223 1S133DC 06300 Bell, Lynda D 13370 SW Brittany Dr Tigard, OR 97223 224 1S133DC 06400 Engel, Robert A 13350 SW Brittany Dr Tigard, OR 97223 225 1S133DC 06500 Suer, Ann K 13330 SW Brittany Dr Tigard, OR 97223 226 15133DC 06600 Hart, Randal W and Ann K 13310 SW Brittany Dr Tigard, OR 97223 227 1S133DC 06700 Davis, William R and Margaret C 13290 SW Brittany Dr Tigard, OR 97223 228 1S133DC 06800 Undcrhill, Michael L 13270 SW Brittany Dr Tigard, OR 97223 229 1S133DC 07000 Hu, Ching Feng and Yuan Sheng 13295 SW Shore Drive Tigard, OR 97223 230 1S133DC 07100 Rankin, Steven L and Teresa L 11775 SW 134th Terrace Tigard, OR 97223 231 1S133DC 07200 Solomon, Leroy A 11765 SW 134th Terrace Tigard, OR 97223 232 1S133DC 07300 Heberle, Jeffrey L ( Wendi L 11755 SW 134th Terr Tigard, OR 97223 Page 21 i L.I.D. Map be Owner No. Tax Lot No. Name & Address 233 1S133DC 07400 Schmitz, Stephen M and I Kathryn L 11745 SW 134th Terr Tigard, OR 97223 234 1S133DC 07500 Joy, Robert M and Pamela J I 11735 SW 134th Terr Tigard, OR 97223 235 1S133DC 07600 Cummings, Ronald J and I Maria D 11725 SW 134th Terr Tigard, OR 97223 236 1S133DC 07700 Spencer, Scott P and Hamel, Lisa I 11715 SW 134th Terr Tigard, OR 97223 237 1S133DC 07800 Quayle, Timothy P and I Rhonda S 11705 SW 134th Terr Tigard, OR 97223 I238 1S133DC 07900 Madarang, Raul E and Nora 11690 SW 134th Terr ITigard, OR 97223 239 1S133DC 08000 Findlay, Jeffrey S and Genalee 11700 SW 134th Terr Tigard, OR 97223 240 1S133DC 08100 t4cLeod, Gordon L and Cleo A 11710 SW 134th Terr Tigard, OR 97223 241 1S133DC 08300 Wade, Jerry and Lynne M 11720 SW 134th Terr Tigard, OR 97223 242 1S133DC 08400 Holmstrom, Kevin P and Colleen B 11730 SW 134th Terr Tigard, OR 97223 243 IS.133DC 08500 Harrold, Dennis P and Michelle R 11740 SW 134th Terr Tigard, OR 97223 Page 22 L.I.D. Map & Owner No. Tax Lo: No. Name do Address 244 IS133DC 08600 Davis, Lee W and Norlin. Barbara I' 13255 SW Shore Dr Tigard, OR 97223 245 IS133DC 08700 Miller, Marshall 3 and Lori D PO Box 19524 Portland, OR 97219 246 IS133DC 08800 Campbell, Daniel M and Maria G 13235 SW Shore Dr Tigard, OR 97223 247 IS133DC 08900 Bowgren, Mark A 13225 SW Shore Dr Tigard, OR 97223 248 IS133DC 09100 Menzies, Bruce D and Kathleen A 13215 SW Shore Dr Tigard, OR 97223 249 IS133DC 09300 Pies, Ronna G 13205 SW Shore Dr Tigard, OR 97223 250 IS133DC 09400 Bickel, Brent E 13195 SW Shore Dr Tigard, OR 97223 251 IS133DC 09500 Grimm, Philip L 13185 SW Shore Dr Tigard, OR 97223 252 1S133DC V600 English, Mark A and Thelma I 13175 SW Shore Dr Tigard, OR 97223 253 IS133DC 09700 Swanson, Byron L and Cathey K 13165 SW Shore Dr Tigard, OR 97223 254 IS133DC 09800 Stockton, Tim W and Roxann M 13155 SW Shore Dr Tigard, OR 97223 Page 23 I L.I.D. Map & Owner No. Tar. Lot No. Name & Address 255 1S133DC 09900 Brinker, Randall K and Virginia K 13145 SW Shore Dr Tigard, OR 97223 256 1S133DC 10000 Vincent, Madeline C E 13135 SW Shore Dr Tigard, OR 97223 257 1S133DC 10100 Kroon, Robert J and Cynthia A j 13125 SW Shore Dr Tigard, OR 97223 258 1S133DC 10200 Winslow, Donald C and Stehanie C 13210 SW Brittany Tigard, OR 97223 259 1S133DC 10300 Century 21 Properties, Inc. PO Box 1408 Tualatin, OR 97062 260 1S133DC 10400 Wise, Larry J and Lisa A 13230 SW Brittany Tigard, OR 97223 261 1S133DC 10500 Stock, Michael K and Mary L 13240 SW Brittany Tigard, OR 97223 262 1S133DC 1060.0 Century 21 Properties, Inc. PO Box 1408 Tualatin, OR 97062 263 1S133DC 10700 Davis, Raymond L and Patricia A 13325 SW Brittany Drive Tigard, OR 97223 264 1S133DC 10800 Pettit, Janet K 13215 SW Brittany Drive Tigard, OR 97223 265 1S133DC 10900 Wedgewood Homes 13250 SW Falcon Rise Dr Tigard, OR 97223 Page 24 L.I.D. Map be Owner No. Tax Lot No. Name & Address 266 1S133DC 11000 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 267 1S133DC 11100 Scottco Building be Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 268 1S133DC 11200 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 269 1S133DC 11300 Baese, Craig A and Linda L 13401 SW Laurmont Ct Tigard, OR 97223 i 270 1S133DC 11400 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 271 1S133DC 11500 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 272 1S133DC 11600 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 273 1S133DC 11700 Merwin, Ralph E and Cherie A gn 13489 SW Laurmont Ct Tigard, OR 97223 274 1S133DC 11800 Scottco Building do Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 275 1S133DC 11900 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 Page 25 senora=..� — �I L.I.D. Map be Owner No. Tax Lot No. Name & Address 276 1S133DC 12000 Scottco Building & Design, Inc., 11665 SW 98th Ave II Tigard, OR 97223 277 1S133DC 12100 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 278 1S133DC 12200 Scottco Building be Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 279 1S133DC 12300 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 F 5 280 1S133DC 12400 Greystone Construct.Inc PO Box 815 Lake Oswego, OR 97034 281 1S133DC 12500 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 282 1S133DC 12600 Scottco Building & Design, Inc., 11665 SW 98th Ave Tigard, OR 97223 283 1S133DC 12700_ Scottco Building & Design, Inc., 11665 SW 98th Ave 4 Tigard, OR 97223 284 1S133DC 12800 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave No.402 Portland, Or 97225 285 1S133DC 12900 Krueger, Russell A i Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 286 1S133DC 13000 Tom Miller Builder, Inc 1478 N Sherwood Blvd Sherwood, OR 97140 E f Page 26 i E f L.I.D. Map & Owner No. Tax Lot No. Name & Address Ark 287 1S133DC 13100 Tom Miller Bu'lder, Inc 1478 N Sherwood Blvd Sherwood, OR 97140 288 1S133DC 13200 LD Larson Homes, Inc 16697 SW Oak Beaverton, OR 97007 289 1S133DC 13300 LD Larson Homes, Inc 16697 SW Oak Beaverton, OR 97007 290 1S133DC 13400 LD Larson Homes, Inc 16697 SW Oak Beaverton, OR 97007 291 1S133DC 13500 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 i 292 1S133DC 13600 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 293 1S133DC 13700 Krueger, Russell A Krueger Develop. Co. j 1335 SW 66th Ave Ste 402 s Portland, Or 97225 294 IS133DC 13800 Krueger, Russell A Krueger Develop. Co. i 1333 SW 66th Ave Ste 402 j Portland, Or 97225 295 1S133DC 13900 Herb Morissette Builder, Inc 7470 SW 76th Ave Portland, OR 97233 296 1S133DC 14000 Krueger, Russell A i Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 297 1S133DC 14100 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave Ste 402 { Portland, O- 97225 i i Page 27 I L.I.D. Map & Owner No. Tax Lot No. Name & Address 293 1S133DC 14200 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 299 1S133DC 14300 LD Larson Homes, Inc 16697 SW Oak Beaverton, OR 97007 300 -1S133DC 14400 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 301 1S133DC 14500 Krueger, Russell A Krueger Develop. Co. 1335 SW 66th Ave Ste 402 Portland, Or 97225 302 2S14A 00501 Benj Franklin Dev. Co 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228-6400 303 2S14AB 00100 Sunamoto, Robert H 12030 SW 135th Ave Tigard, OR 97223 304 2S14A3 00200 Dorsey, F Rob 11975 SW Morning Hill Dr Tigard, OR 97223 305 2S14AB 00201 Wedgewood Homes 13250 SW Falcon Rise Dr Tigard, OR 97223 306 2S14AB 00300 Gits, Alan F and Barbara J 11935 SW Morning Hill Dr Tigard, OR 97223 307 2514AB 00400 Brasmer, Patricia L 11995 SW Morning Hill Dr Tigard, OR 97223 308 2S14AB 00500 Parsley, James H and Marie E 12005 SW Morning Hill Dr Tigard, OR 97223 Page 28 L.I.D. Map & Owner No. Tax Lot No. Name & Address ' 309 2S14AB 00600 Waind, David E Virginia F 12065 SW Morning Hill Dr _ Tigard, OR 97223 310 2S14AB 00700 Eliot, Brad and Evelyn Liu 13295 SW Chimney Ridge Ct Tigard, OR 97223 311 2S14AB 00800 Snyder, Lawrence H and Caro:. M 13315 SW Chimney Ridge Ct Tigard, OR 97223 312 2S14AB 00900 Rushing, Casey J and Bonnie A 13335 SW Chimney Ridge Ct Tigard, OR 9i223 313 2S14AB 01000 Yale, Scoot M and i Barbara A 13355 SW Chimney Ridge Ct Tigard, OR 97223 314 2S14AB 01100 H and K Investors 13250 SW Falcon Rise Tigard, OR 97223 315 2514AB 01200 Cummins, Donald H 13330 SW Chimney Ridge Ct Tigard, OR 97223 316 2514AB 01300 Klatt, Albert and Alice 1613 Broadway Vancouver, WA 98663 317 2S14AB 01400 York, Edward C and Julie A 13290 SW Chimney Ridge Dr Tigard, OR 97223 318 2S14AB 01500 Cox, Douglas W and Judith K 13270 SW Chimney Ridge Ct Tigard, OR 97223 319 2S14AB 01600 H and K Investors 13250 SW Falcon Rise Tigard, OR 97223 � f i t Page 29 i i t L.I.D. Map & Owner No. Tax Lot No. Name & Address 320 2S14AB 01700 Kimmel, Douglas J and Joyce 970 SW Mark St I Newport, OR 97365 321 2S14AB 01800 Burgess, Veldon R and Leah L M 13235 SW Chimney Ridge Rd Tigard, OR 97223 322 2S14AB 01900 Hemrajani, Jagdish G 13230 SW Aberdeen Place Tigard, OR 97223 323 2S14AB 01990 Morning Hill Home Owners Assoc By Wedgewood Homes of Ptld I 9055 SW Beav-Hilldale Hwy Portland, OR 97225 I 324 2S14AB 02000 Brown, Carl H and Laura L 10900 SW 76 th Pla # 13 Tigard, OR 97223 i325 2S14AB 02100 Spring, Roger J and Deborah E 12184 SW Morning Hill Dr Tigard, OR 97223 326 2514AB 02200 Rush, John F and Vera J 12196 SW Morning Hill Dr Tigard, OR 97223 327 2S14AB 02300 Gillis, John A and Janet E 12203 SW Morning Hill Dr Tigard, OR 97223 328 2S14AB 02400 Scott, K Gordon and Teri L 12210 SW Morning Hill Dr Tigard, OR 97223 329 2S14AB 02500 Kruse, Michael R and Teriann 12220 SW Morning Hill Dr Tigard, OR 97223 Page 30 L.I.D. Map be Owner No. Tax Lot No. Name be Address 330 2514AB 02600 Bthn D and Victoria L 12232 SW Morning Hill Dr Tigard, OR 97223 331 2S14AB 02700 Taylor, John E and Lori A 12242 SW Morning Hill Dr Tigard, OR 97223 332 2S14AB 02800 Kashka, Randal E and Helen A 12252 SW Morning Hill Dr Tigard, OR 97223 333 2S14AB 02900 Lesperance, Steven M and Shawn M 12264 SW Morning Hill Dr Tigard, OR 97223 334 2S14AB 03000 Benj Frank Devel.inc. 970 SW Mark Newport, OR 97365 335 2S14AB 03001 H and K Investors 13250 SW Falcon Rise Tigard, OR 97223 M 336 2S14AB 03100 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 337 2514AB 03200 H and K investors 9370 SW Greenburg Rd Portland, OR 97223 338 2S14AB 03300 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 339 2514AB 03400 H and K investors 9370 SW Greenburg Rd Portland, OR 97223 340 2S14AB 03500 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 341 2514AB 03600 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 Page 31 L.I.D. Map & Owner No. Tax Lot No. Name do Address 342 2S14AB 03700 H and K Investors, Inc. % Alexandru, Marian and Domnica 5125 SW Scholls Fy Rd #17 Portland, OR 97225 343 2S14AB 03800 York, Richard and Carol E 5102 SW Scholls Fy Rd Portland, Or 97225 344 2514AB 03900 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 345 2S14AB 04000 Tinsman, Robert F and Claudia A 13370 SW Scotts Bridge Rd Tigard, OR 97223 346 2S14AB 04100 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 347 2514AB 04200 H and K Investors 9370 SW Greenburg Rd Portland, OR 97223 348 2514AB 04300 White, Kevin R and Donna M PO Box 230535 Tigard, OR 97223 I349 2S14AB 04500 Wedgewood Homes Inc 13250 SW Falcon Rise Dr I _ Tigard, OR 97223 349A 2S14AB 08400 Wedgewood Homes Inc 13250 SW Falcon Rise Dr Tigard, OR 97223 349B 2S14AB 08500 Wedgewood Homes Inc 13250 SW Falcon Rise Dr Tigard, OR 97223 349C 2S14AB 08600 Wedgewood Homes Inc 13250 SW Falcon Rise Dr Tigard, OR 97223 Elm 349D 251AB 08700 Craters, William D 13436 SW Scotts Bridge Tigard, OR 97223 Page 32 • E i i L.I.D. Map & Owner No. Tax Lot No. Name Lc Address 349E 2514AB 08800 Wedgewood Homes Inc 13250 SW Falcon Rise Dr Tigard, OR 97223 , 350 2514AB 04501 BenjFran Devel. Inc 9370 SW Greenburg Rd Portland, OR 97223 351 2S14AB 04600 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 L Portland, OR 97228 e 352 2S14AB 04700 BenjFran Devel. Inc f 501 SE Hawthorne Blvd PO Box 6400 r Portland, OR 97228 353 2S14AB 04300 Shaw Develop. Co 12225 SW 2nd St./1201 Beaverton, OR 97005 354 2S14AB 04900 Schroeder, Glenn A Rt 2 Box 498 Hillsboro, OR 97123 355 2514AB 05000 Tom Skaai Construction 1350-A SE 122nd Portland, OR 97230 f 356 2S14AB 05100 Jim Hart F dba/Jim Hart Construct. PO Box 127 Gladstone, OR 97027 a 357 2S14AB 05200 Gotter, Sam III 7710 SW Gentle Woods Dr Tigard, OR 97224 1 358 2S14AB 05300 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 359 2S14AB 05400 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 G s 1 i Page 33 i L.I.D. Map & Owner No. Tax Lot No. Name & Address 360 2S14AB 05500 Hart, James E and James R 12228 SW 131st Tigard, OR 97223 I ; 361 2S14AB 05600 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 j i 362 2S14AB 05700 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 363 2S14AB 05800 BenjFran Devel. Inc 501 SE Hawthorne Blvd j PO Box 6400 Portland, OR 97228 I 364 2S14AB 05900 Shaw Develop Co 12225 SW 2nd St #201 Beaverton, OR 97005 365 2S14AB 06000 Hart, Jim E 12228 SW 131st Tigard, OR 97223 366 2S14AB 06100 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 367 2S14AB 06200 _ Hart, James E and James R dba/Jim Hart Const PO Box 127 Gladstone, OR 97027 368 2S14AB 06300 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 369 2514AB 06400 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 Page 34 L.I.D. Map 8c Owner No. Tax Lot No. Name be Address 370 2S14AB 06500 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 371 2S14AB 06600 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 372 2S14AB 06700 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 373 2S14AB 06800 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 374 2S14AB 06900 Raymond, Gary 13050 SW Falcon Rise Dr Tigard, OR 97223 Skyview Homes, Inc 17860 Monticello Dr Gladstone, OR 97027 1 375 2S14AB 07000 Kilgore, Ryan A and Ghirstine A 13121 SW Katherine St Tigard, OR 97223 376 2S14AB 07100 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 377 2S14AB 07200 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 378 2S14AB 07300 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 379 2S14AB 07400 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 Page 35 L.I.D. Map & Owner No. Tax Lot No. dame & Address 380 2S14AB 07500 BenjFran Devel. Inc ` 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 I381 2S14AB 07600 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 382 2S14AB 07700 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 383 2S14AB 07800 BenjFran Devel. Inc 501 SE Hawthorne Blvd PO Box 6400 Portland, OR 97228 384 2S14AB 08300 DWD Contractors, Inc 11610 SW Pacific Hwy Tigard, OR 97223 385 2S14AB 08200 Park West Properties, Inc 7145 SW Varnes Rd Tigard, OR 97223 386 2S14AB 08100 Coe, Kenneth A c/o Coe Construct. Co 3645 SW 174th Aloha, OR 97005 387 2S14AB 08000 Morning Star Construct.Inc 11180 SW Errol Tigard, OR 97223 388 2S14AB 07900 Skyview Develop Inc dba Skyview Homes, Inc 17860 Monticello Dr Gladstone, OR 97027 389 2S148A 00100 Walter West Corp. % Heldfond, Ruth D 223 Green Mt. Drive Palm Desert, CA 92260 Page 36 L.I.D. Map & Owner No. Tax Lot No. Name & Address 390A 2S14B 00101 Krueger, Margery F Rt 1 Box 792 Beaverton, OR 97007 390B 25148 00101 Krueger, Margery F Rt 1 Box 792 Beaverton, OR 97007 391 2S14BA 00200 Peterschmidt, Stephen J and Friday, Vicki D 12103 SW 135th Tigard, OR 97223 392 2S14BA 00300 James K McGehee PO Box 25571 Portland, OR 97225 393 2S14BA 00400 Herb Morissette Build.Inc 7470 SW 76th Portland, OR 97223 394 2S14BA 00500 James K McGehee PO Box 25571 Portland, OR 97225 395 2S14BA 00600 James K McGehee PO Box 25571 Portland, OR 97225 WM 396 2S14BA 00700 James K McGehee ELM PO Box 25571 Portland, OR 97225 397 2514BA 00800 James K McGehee PO Box 25571 Portland, OR 97225 398 James K McGehee PO Box 25571 Portland, OR 97225 Page 37 L.I.D. Map & Owner No. Tax Lot No. Name & Address 398 James K McGehee PO Box 25571 Portland, OR 97225 399 James K McGehee PO Box 25571 Portland, OR 97225 400 James K McGehee PO Box 25571 Portland, OR 97225 401 James K McGehee PO Box 25571 Portland, OR 97225 402 James K McGehee PO Box 25571 Portland, OR 97225 403 James K McGehee i PO Box 25571 Portland, OR 97225 404 James K McGehee PO Box 25571 Portland, OR 97225 I 405 James K McGehee PO Box 25571 Portland, OR 97225 406 Ebelmesser, Charles R dba: Ebelmesser Construct. I 8270 SW 19th Ave Portland, OR 97223 407 James K McGehee I PO Box 25571 Portland, OR 97225 I 408 James K McGehee PO Box 25571 Portland, OR 97225 i409 James K McGehee PO Box 25571 Portland, OR 97225 410 James K McGehee PO Box 25571 Portland, OR 97225 Page 38 s f 1 L.I.D. Map & Owner No. Tax Lot No. Name be Address 411 James K McGehee PO Box 25571 Portland, OR 97225 412 Valley, L E and Irene dba: Valley Investments PO Box 414 -Tualatin, OR 97062 413 James K McGehee PO Box 25571 Portland, OR 97225 414 James K McGehee PO Box 25571 Portland, OR 97225 415 Valley, L E and Irene dba: Valley Investments 11545 SW Beef Bend Rd Tigard, OR 97223 416 Valley, L E and Irene dba: Valley Investments PO Box 414 Tualatin, OR 97062 417 James K McGehee PO Box 25571 Portland, OR 97225 418 James K McGehee PO Box 25571 Portland, OR 97225 419 Chet Harrington Construct.Inc 13605 NE Brazee Ct Portland, OR 97230 420 James K McGehee PO Box 25571 Portland, OR 97225 421 James K McGehee PO Box 25571 Portland, OR 97225 422 James K McGehee PO Box 25571 Portland, OR 97225 Page 39 �qq I L.I.D. Map & Owner No, Tax Lot No. Name & Address 423 Gottman, Greg and f Grimberg, Daniel i dba: DGH Develop. i 9889 SW Barbur Blvd Portland, OR 97219 424 James K McGehee PO Box 25571 Portland, OR 97225 425 Sanford, James L Jr and Tracy M 4825 SW Hall Blvd #71 Tigard, OR 97223 426 Nordyke, Norma R 12058 SW Wilton Ave Tigard, OR 97223 427 Herb Morissette Builder, Inc 7470 SW 76th Ave Portland, OR 97223 428 James K McGehee PO Box 25571 Portland, OR 97225 429 Hanson, Earl W and Angeline 7349 SW Arranmore Portland, OR 97223 430 James K McGehee PO Box 25571 _ Portland, OR 97225 431 James K McGehee PO Box 25571 Portland, OR 97225 432 James K McGehee PO Box 25571 Portland, OR 97225 433 James K McGehee PO Box 25571 Portland, OR 97225 434 James K McGehee PO Box 25571 Portland, OR 97225 i I i Page 40 i L.I.D. Map & Owner No. Tax Lot No. Name & Address 435 Wildflower Properties Inc 14180 SW 162nd Beaverton, OR 97005 436 James K McGehee PO Box 25571 . Portland, OR 97225 437 1S133C 1300 Hopfer, Marlin and Marilyn Rt. 1 Box 390 Beaverton, OR 97005 g t Page 41 City of Tigard 135th Avenue LID 5. ASSESSMENT ROLL The assessment roll presents estimated assessments forP arcels within the LID based upon the opinion of probable cost, updated ownership roll and assessment by trip generation. I i 1548-00 i CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. COPTION R-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 L. I.D. TRIPS ESTIMATED LOT 0 GENERATED % OF TOTAL ASSESSMENT --- - ---- 1 2604 23. 10149% $259,885 2 201 1.78318% $20,060 3 97 0. 86054% $9,681 4 85 0.75408% $8,483 5 170 1.50816% $16,966 6 195 1.72995% $19,461 7 91 0.80731% $9,082 8 97 0.86054% $9,681 9 189 1.67672% $18,863 10 97 0.86054% $9,681 11 725 6.43187% $72,357 13 10 0.08872% $998 14 10 0.00872% $998 15 10 0.08872% $998 16 10 0.013872% $998 17 10 0.08872% $998 18 10 0.08872% $998 19 10 0.08872% $998 20 10 0.08872% $998 21 10 0.08872% $998 22 10 0.08872% $998 23 10 0.08a72% $998 24 10 0.08872% $998 25 10 0.08872% $998 26 10 0.08872% $998 27 10 0.08872% $998 28 10 0.08872% $998 29 10 0.08872% $998 30 10 • - 0.08872% $998 31 10 0.08872% $998 32 10 0.08872% $998 33 10 0.08872% $998 34 10 0.08872% $998 35 10 0.08872% $998 36 10 0.08872% $998 37 10 0.08872% $998 38 10 0.08872% $998 39 10 0.08872% $998 40 10 0.08872% $998 41 10 0.06872% $998 42 10 0.08872% $99B 43 10 0.08872% $998 44 10 0.08872% $998 45 10 0.08872% $998 4G 10 0.08872! $998 47 10 0.08872% T-998 48 10 0.08872% $998 PAGE 1 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION B-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 L. I.D. TRIPS ESTIMATED LOT # GENERATED X OF TOTAL ASSESSMENT ----- --------- ---------- ---------- 49 10 0.08872% $998 50 10 0.08872% $998 51 10 0.088729 $998 52 10 0.08872% $998 53 10 0.08872% $998 54 10 0.08872% $998 55 10 0.0887% $998 56 10 0.08872% $998 57 10 0.08872% $998 58 10 0.08872% $998 59 10 0.08872% $998 60 10 0.08872% $998 61 10 0.08872% $998 62 10 0.08872% $998 63 10 0.08872% $998 64 10 0.08872% $998 65 10 0.08872% $998 66 10 0.08872% $998 67 10 0.08872% $998 68 10 0.OBB72% $998 69 10 0.08872% $998 70 10 0.08872% $998 71 10 0.08872% $998 72 10 0.08872% $998 73 10 0.08872% $998 74 10 0.08872% $998 75 10 0.08872% $998 76 10 0.08872% $998 77 10 0.08872% $998 78 10 0.08872%. $998 79 10 0.08872% $998 80 10 0.08872% $998 81 10 0.08872% $996 82 10 3.08872% $998 83 10 0.08872% $998 84 10 0.08872% $998 85 10 0.08872% $998 86 10 0.08872% $998 87 10 0.08872% $998 88 10 0.08872% $998 89 10 0.08872% $998 90 10 0.08872% $998 91 10 0.08872% $998 92 10 0.08072% $998 i 93 10 0.08872% $998 �. 34 10 0.0887% $998 95 10 0.08872% $998 �}} i PAGE 2 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION B-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 L�I D. TRIPS ATED -----TOTAL ESTIMATED LOT # GENERATED X OF TOTAL ASSESSMENT 96 10 0.08872% $998 97 10 0.08872% $998 98 10 0.08872% $998 99 10 0.088729 $998 100 10 0.08872% $998 101 10 0.08872% $998 102 10 0.08872% $998 '03 10 0.08872% $998 104 10 0.08872% $998 105 10 e.08872% $998 106 10 0.08872% $998 107 10 0.08872% $998 108 10 0.08872% $998 109 10 0.08872% $998 1101 10 0.08872% $998 111 10 0.08872% $998 112 10 0.08872% $998 113 10 0.08872% $998 114 10 0.08872% $998 115 10 0.08872% $998 116 10 0.08872% $998 117 10 0.08872% $998 118 10 0.08872% $998 119 10 0.08872% $998 120 10 0.08872% $998 121 10 0.08872% $998 122 10 0.08872% $998 123 10 _ 0.08872% $998 124 10 0.08872% $998 125 10 0.08872% $998 126 10 0.08872% $998 127 10 0.08872% $998 128 10 0.08872% $998 129 10 0.08872% $998 130 10 0.08872% $998 131 10 0.08872% $998 132 10 0.08872% $998 132, 10 0.08872% $998 134 10 e.08872% $998 135 10 0.08872% 5998 136 10 0.08872% $998 137 10 0.08872% $998 138 10 0.08872% $998 139 t0 0.08872% $998 140 10 0.08872% $998 141 10 0.08872% $998 142 10 0.08872% $998 PAGE 3 i 6 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION R-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 e L. I.D: TRIPS ESTIMATED i®e LOT # GENERATED % OF TOTAL ASSESSMENT ----- --------- ---------- ---------- 143 10 0.08872% $998 144 10 0.08872% $998 145 10 0.08872% $998 146 10 0.08872% $998 147 10 0.08872% $998 148 10 0.08872% $998 149 10 0.08872% $998 g 150 10 0.088729 $998 `pl 151 10 0.088729 $998 152 10 0.08872% $998 153 10 0.08872% $998 154 10 0.08872% $998 155 10 0.08872% $998 156 10 0.08872% $998 157 10 0.08872% $998 158 10 0.08872% $998 159 10 0.08872% $998 160 40 0.35486% $3,992 161 10 0.088729 $998 162 60 0.53229% $5,988 163 490 4.34705% $48,903 164 20 0. 17743% $1,996 165 10 0.08872% $998 166 0 0.00000% $0 167 0 0.00000% $0 168 10 0.08872% $998 169 10 0.08872% $998 170 10 0.08872% $998 171 10 0.08872% $998 172 10 0.08872% $998 173 10 0.08872%. $998 174 10 0.08872% $998 175 10 0.08872% $998 176 10 0.08872% $998 177 10 0.08872% $998 178 10 0.08872% $998 179 10 0.08872% $998 180 10 0.08872% $998 181 10 0.08872% $998 182 10 0.08872% $998 183 10 0.08872% $993 184 10 0.08872% $998 185 10 0.08872% $998 186 10 0.08872". $998 187 10 0.08872% $998 188 10 0.08872% $996 189 10 0.08872% $998 'AGE 4 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION 8-2 TOTAL TRIPS: 11272 TOTAL COST: 51, 124,972 L. I.D. TRIPS ESTIMATED LOT # GENERATED % OF TOTAL ASSESSMENT 190 ---10---- 0.08872% $998 191 10 0.08872% $998 30 0.08872% $998 192 193 10 0.08872% $998 998 194 10 0.08872% $998 195 10 0.08872% $ 196 10 0.08872% 5998 197 10 0.08872% $998 198 10 0.08872% $998 199 10 0.08872% $998 200 10 0.08872% $998 201 0 0.00000% $0 202 0 0.00000% $0 203 10 e.e8872% $998 204 10 0.08872% $998 205 10 0.08872% $998 206 10 0.08872% $998 207 10 0.08872% $998 208 10 0.08872% $998 209 10 0.08872% $998 210 10 0.08072% $998 211 10 0.08872% $998 212 10 0.08872% $998 213 10 0.08872% $998 214 10 0.08872% $991 215 10 0.08872% $998 216 10 0.08672% $991 217 10 - 0.08872% $998 218 10 0.08872% $998 219 10 0.08872% $998 220 10 0.08872% $991 221 10 0.08872% $998 222 10 0.08872% $998 223 10 0.08872% $998 224 10 0.08872% $998 225 10 0.08872% $998 226 10 0.08872% $998 227 10 0.08872% $998 228 10 0.08872% $991 229 10 0.08872% $998 230 10 0.08872% $998 231 10 0.08872%. $998 232 10 0.08872% $991 233 10 0.08872% $998 2.34 10 0.08872% $998 235 10 0.08872% $998 236 10 0.08872% $998 PAGE 5 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION R-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 i L. I.D. TRIPS ESTIMATED . LOT # GENERATED X OF TOTAL ASSESSMENT ----- --------- ---------- ---------- 237 10 0.08872% $998 238 10 0.08872% $998 239 10 0.08872% $998 240 10 0.08872% $998 241 10 • 0.08872% $998 242 10 0.08872% $998 243 10 0.08872% $998 244 10 0.08872% $998 245 10 0.OB872% $998 246 10 0.08872% $998 247 10 0.08872% $998 248 10 0.08872% $998 249 10 0.08672% $998 250 10 0.08872% $998 251 10 0.08872% $998 252 10 0.08872% $998 253 10 0.08872% $998 254 10 0.08872% $998 255 10 0.08872% $998 256 10 0.08872% $998 257 10 0.08872% $998 258 10 0.08872% $998 2509 10 0.08872% $998 260 10 0.08872% $998 261 10 0.08872% $998 262 10 0.08872% $998 263 10 0.08872% '$998 264 10 0.08872% $998 265 0 0.00000% $0 266 10 0.00872% $998 267 10 0.08872% $998 268 10 0.08872% $998 269 10 0.08672% $998 270 10 0.08872% $998 271 10 0.08872% $998 272 10 0.08872% $998 273 10 0.08872% $998 274 10 0.08872% $998 275 10 0.08872% $998 276 10 0.08872% $998 277 t0 0.08872% $998 278 10 0.08872%. $998 i 279 10 0.08872% $998 280 10 0.08872% $998 f _ 281 10 0.08872% $9^8 } 282 10 0.08872% $998 s 283 10 0.08872% $998 f PAGE 6 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION F-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 L. I.D. TRIPS ESTIMATED LOT # GENERATED % OF TOTAL ASSESSMENT - 284 10 0.08872% $998 285 10 0.08872% $998 286 10 0.08872% $998 287 10 0.08872% $998 288 10 0.08872% $998 289 10 0.08872% $998 290 10 0.08872% $998 291 10 0.08872% $998 292 10 0.08872% $998 293 10 0.08872%. $998 294 10 0.08872% $998 295 10 0.08872% 8998 296 10 0.08872% $998 297 10 0.08872% $998 298 10 0.08872% $998 299 10 0.08872% $998 300 10 0.03872% $998 301 10 0.08872% $998 302 730 6.47622% 872,856 303 109 0.96700% 810,878 304 10 0.08872% $998 305 0 0.00000% $0 306 10 0.08872% 8998 307 10 0.08872% $998 308 10 0.08872% $998 309 10 0.08872% $998 310 10 0.08872% $998 311 10 0.08872% $998 312 10 0.08872% $998 313 10 0.08872%• $998 314 10 0.08872% $998 315 10 0.08872% $998 316 10 0.08872% $998 317 10 0.08872% $998 318 10 0.08872% $998 319 10 0.08872% $998 320 10 0.¢8872% $998 321 10 0.08872% $998 322 19 0.08872% $998 323 10 0.08872% $998 324 10 0.08872% $998 325 10 0.08872% $998 326 10 0.08872%. $998 C 327 10 0.08872:'. $998 10 0.08872;" $998 329 to 0.08872% $998 3330 10 0.08872% $998 PAGE 7 CITY OF TIGARD - LID ASSESSMENT ROLL - 135TH AVE L. I.D. OPTION R-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 L. I.D. TRIPS ESTIMATED LOT # GENERATED % OF TOTAL ASSESSMENT ----- --------- ---------- ---------- 331 10 0.08872% $998 332 10 0.08872% $998 333 10 0.08872% $998 334 0 0.00000% $0 335 0 0.00000% $0 336 10 0.08872% $998 337 10 0.08872% $998 338 10 0.08872% $998 339 10 0.08872% $998 340 10 0.08872% $998 341 10 0.08872% $998 342 10 0.08872% $998 343 10 0.08872% $998 344 10 0.08872% $998 345 10 0.08872% $998 346 10 0.08872% $998 347 10 0.08872% $998 348 10 0.08872% $998 349 A 10 0.08872% $998 349 R 10 0.08872% $998 34cl C 10 0.08872% $998 349 D 10 0.08872%. $998 349 E 10 0.08872% $998 353 10 0.08872% $998 354 10 0.08872% $998 355 10 0.06872%. $998 356 10 0.08872% $998 357 10 0.08872% $998 358 10 0.08872% $998 359 10 0.08872% $998 360 10 0.08872% $998 361 10 0.08872% $998 362 10 0.08872% $998 363 10 0.08872% $998 364 10 0.08872% $998 365 10 0.08872% $998 366 10 0.08872% $998 367 10 0.08872% $998 368 10 0.08872% $998 369 10 0.08872% $998 370 10 0.08872% $998 371 10 0.08872% $998 372 10 0.08872% $998 373 10 0.08872% $998 374 10 0.08872% $998 375 10 0.08872% $998 j 3376 10 0.08872% $998 PAGE 8 CITY OF TIGRRD - LID ASSESSMENT ROLL - 135TH AVE L.I.D. OPTION R-2 TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 ESTIMATED L. I.D. TRIPS ASSESSMENT LOT-# GENERATED X OF TOTAL --- --------- 0.08872% $998 377 $998 378 10 0.08872%. 10 $998 0.08872% 379 $998 380 10 0.08872% 10 0.08872% $998 381 $998 382 10 0.08872% $998 383 10 0.08872% 10 $998 0.08872% 384 $998 0.@887?.% 385 10 $998 386 10 0.08872% $998 387 10 0.08872% 388 10 0.08872%. $998 389 701 6.21895% $69,961 390 A 449 3.98332% $44,811 391 42 0.3`7260% $4, 192 392 10 0.088727. $398 393 10 0.08872% $998 394 10 0.08872% $998 395 10 0.08872% $998 396 10 0.08872% $998 397 10 0.08872% $998 398 10 0.08872%. x$998 399 10 0.08872% $998 400 10 0.08872% $996 401 10 0.08872% $998 402 10 0.08872% $99g 403 10 0.06872% $998 404 10 . 0.08872%. $998 405 10 0.08872% $998 406 10 0.08872% $998 407 10 0.08872% $998 408 10 0.08872% $998 409 10 0.08872% '$998 410 10 0.08872% $998 411 10 0.08872% $998 412 10 0.08872%. $998 413 10 0.08872% $998 414 10 0.08872% $998 415 10 0.08872% $998 416 10 0.08872% $998 417 10 0.08872% $��a 418 10 0.08872% $998 419 10 0.08872% $998 420 10 0.08872%. $998 421 10 00.08872~ $998 422 10 0.08872% $998 423 10 0.08872% $998 PAGE T r r ! CITY OF TIGARD — LID ASSESSMENT ROLL — 135TH AVE L. I.D. OPTION B-2 i TOTAL TRIPS: 11272 TOTAL COST: $1, 124,972 L. I.D. TRIPS ESTIMATED LOT # GENERATED % OF TOTAL ASSESSMENT ----- --------- ---------- ---------- ; 424 10 0.08872% $998 425 10 0.08872% $998 426 10 0.08872% $998 427 10 0.08872% $998 428 10 0.08872% $998 429 10 0.08872% $998 y 430 10 0.08872% $998 431 10 0.08872% $998 4332 10 0.08872% $998 ' 433 10 0.08872% $998 434 10 0.08872% $998 435 10 0.08872% $998 43G 10 0.08872% $998 TOTAL 11272 TOTAL $1, 124,972 (i I 1 ! a i t , i i f i x J i t � F PAGE 10 { City of Tigard 135th Avenue LID 6. MAPS Maps including Sheets 1 of 4 and 2 of 4 are enclosed showing the boundary for selected Alternative B-2 131 S w h(ca.0 SIL/4 1548-00 r B-2-S EXHIBIr "C" Area of Reduced Assessment CITY OF TIGARD — S_W_ 135th Avembe Local Improvement District Boundary AN AREA OF LAND IN WASHINGTON COUNTY, OREGON, AND IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, IN SECTION 33, TIS, R1W, W.M., AND IN SECTION 4, T2S, R1W, W.M., SAID AREA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF MORNING HILL NO. S, A SUBDIVISION PLAT OF RECORD, A POINT ON THE CENTERLINE OF S.W. 135TH AVENUE (COUNTY ROAD NO. 934) AND A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 4 WHICH BEARS S 20 14127" W, 607.38 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE, N 870 45'33" W, 20.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 135TH AVENUE; THENCE, ALONG SAID WEST RIGHT-OF-WAY LINE, N 20 14127" E, 119.31 FEET TO THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT DEED TO WALTER WEST CORPORATION AS RECORDED AS FEE NO. 86021792, WASHINGTON COUNTY, OREGON, DEED RECORDS; THENCE, ALONG SAID SOUTH LINE, S 880 25103" W, 459.95 FEET TO THE EASTERLY MOST LINE OF COTSWALD MEADOWS NO. 3, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG SAID EASTERLY LINE OF SAID SUBDIVISION, S 40 23'12" W, 35.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID COTSWALD MEADOWS NO. 3 AND A POINT ON THE CENTERLINE OF S.W. MURRAY BOULEVARD; THENCE, ALONG SAID CENTERLINE, ALONG THE ARC OF A NON-TANGENT 500.00 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 20 48'15"; LONG CHORD: N 870 00'56" W, 24.47 FEET) A DISTANCE OF 24.47 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID CENTERLINE, N 880 25'03" W, 424.31 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID CENTERLINE, ALONG THE ARC OF A 900.00 FOOT RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE: 120 00104"; LONG CHORD: N 820 25'01" W, 188.17 FEET) A DISTANCE OF 188.31 FEET TO THE SOUTHWESTERLY MOST CORNER OF SAID COTSWALD MEADOWS NO. 3; THENCE, S 130 35'01" W, 35.00 FEET; THENCE, S1 0 01'50" W, 848.40 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE, ALONG SAID SOUTH LINE, S 880 58'10- E, 1,106.59 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; A POINT ON THE ORDINANCE No. 87- 3uly 9, 1987 Page 1 of 3 CENTERLINE OF THE AFORESAID S.W. 135TH AVENUE; THENCE, ALONG THE EASTERLY PROLONGATION OF SAID SOUTH LINE, S 88° 58'10" E, 20.41 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID S.W. 135TH AVENUE AND THE NORTHEASTERLY RIGHT-OF-IVAY LINE OF S.W. WALNUT STREET (COUNTY ROAD NO. 934); THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, S 10° 30133" E, 5.32 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 457.46 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 260 59'; LONG CHORD: S 24° 00103" E, 213.45 FEET) A DISTANCE OF 215.44 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, S 370 29133" E, 151.4 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 260 05; LONG CHORD: S50' 32'03" E, 249.56 FEET) A DISTANCE OF 251.73 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIHT-OF-WAY LINE, S 63° 34133" E, 181.0 FEET TO A POINT OF CURVATURE; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A 552.96 FOOT RADIUS CURVE TO THE LEFT (CENTRAL ANGLE: 239 251; LONG CHORD: S 750 17'03" E, 224.42 FEET) A DISTANCE OF 225.99 FEET TO A POINT OF TANGENCY; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, S 86° 59'33" W, 521.09 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE, ALONG SAID EAST LINE, N 20 27128" E, 1,199.59 FEET TO THE SOUTHEASTERLY MOST CORNER OF MORNING HILL NO. 4, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE SOUTHERLY MOST LINE OF SAID MORNING HILL NOA, N 81° 21'15" W, 306.04 FEET TO THE SOUTHERLY MOST SOUTHWEST CORNER OF SAID MORNING HILL NO. 4 AND THE EASTERLY MOST SOUTHEAST CORNER OF MORNING .HILL NO. 2, A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE SOUTHERLY LINE OF SAID MORNING HILL NO. 2, N 769 39134" W, 276.50 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, S 13° 20126" W, 37.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 760 39134" W, 103.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, S 13° 20126" W, 10.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 760 39'34" W, 30.00 FEET TO THE SOUTHERLY MOST SOUTHEAST CORNER OF MORNING HILL NO. 32 A SUBDIVISION PLAT OF RECORD; THENCE, ALONG THE SOUTHERLY LINE OF SAID MORNING HILL NO. 3, N 76° 39'34" W, 209.00 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 700 57113" W, 147.95 FEET; ORDINANCE No. 87- Page 2 of 3 i THENCE, CONTINUING ALONG SAID SOUTHERLY LINE, N 87° 38140" W, 74.00 FEET TO THE SOUTHWEST CORNER OF SAID MORNING HILL NO. 3 AND THE SOUTHEAST CORNER OF THE AFORESAID PLAT OF MORNING HILL NO. 5; THENCE, ALONG THE SOUTH LINE OF SAID MORNING HILL NO. 5, N 870 46-17" W, 183.53 FEET TO THE SOUTHWEST CORNER OF SAID MORNING HILL NO. 5 AND THE POINT OF BEGINNING. i ORDINANCE No.. s7- Page 3 of 3 t * . � � [ � 1 U 0 / \ _ k | � 4j " CID ® § k � ( 2 ° \ t g ( / J c { Ln rd \ -od C CIO \ § © g — — � _ ' ® 3 2 ° Z W § L & % ! \ / 2 / q ® ~ / 41 Sƒ ` o « 41 § 1-4f 3 C 4 } H ° L t ° \ \ > L 322t ' ° 6 1 S ) C\jl41 / / \ f c CL ` ! 7 ƒ ; 0 | / - 000Aj _ \ 4j '4'- a _ < L « . 2 § L 0. 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'moi �I i /1■.1 i ���- ► tee!I����i = - s ' don , �� �'� � e 111■ , :::irt � � ■ � 1 ... f ' _ NO MM MEN all ma =■ all .■, MEN < l 5 gap lam"Opp soon 21 57 f �•: � . �' �� , Y17 . / 1 } :; I���, �� ���11 . Its► :, .;,.rte alf`,4 ., : , • ♦ ♦ `• ♦ ,�, , ,�� ` i \ 'd'S c o I x x + z i D 30 \ S. W. 124 T H. AVE � CD CD / -! N N 3 r W - X Q1 W Q� X cn Lo W I \ 123 RD --AVE. � S.W. \�\� CD CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: DATE SUBMITTED: August 28, 1987 ISSUE/AGENDA TITLE: Communis_ PREVIOUS ACTION: Development Quarterly Report _ PREPARED BY: Community Development DEPT NEAD OiO�W)CITY ADMIN O ` REQUESTED BY: 0 ICY ISSUE — — INFORMATION SUMMARY Attached for your information is a copy of the Quarterly Report for April through June, 1987, prepared by the Department of Community Development. ALTERNATIVES CONSIDERED Accept and place on file. FISCAL IMPACT ! t w l t SUGGESTED ACTION Accept and place on file. k f TIGARD OUARTERLY REPORT April - June, 1987 DEPARTMENT OF COM"1UNITY DEVELOPMENT BUILDING, PLANNING AND BUSINESS TAX ACTIVITY - BUILDin(; PERMITS June Apr. - June Apr. 1987 1�— Single Family 99 101 No. Units. .,. • • • • • • • • • • • $51,000.00 to High and Low Unit Value $ $ $150,000.00 3,753 square feet Largest Unit Size. . . . . . * 1,080 square feet Smallest Unit Size- - RMP-1—ex ize. . -D 0 0 No. Units. . . . . . . . . . . . . . O O High Value Per Unit O O Low Value Per Unit Multi-Family 100 0 No. Units. . . . . . . . . . . . . $ * $ 00.00 Average Value Per Unit * 00 Largest Unit Size. . . . . 00 Smallest Unit Size. . . . ' Figures Unavailable ` (0574P/d22P) -SUILDin,G PERMITS April — June, 1987 C_ommercidl and Industrial Proposed Use Square Footage Value Westwood/Learning Tree Day Care 6.240 $ `'22'000 Oregon Ki Society Training 3,934 $ 125,000 KC Residential Center 70,000 (5 carports) — Carport 3,490 $ Westwood/Albertson's Retail (Sitework) 782,673 $1,804,512 Westwood/Albertson's (Foundation) $ 30,000 Cafaro Retail (Sitework) 4,13,851 $ 545,000 Cafaro (Foundation) $ 131,444 Commercial and Industrial Activity Remodel, Additions Trammel Crow 10200 SW Greenburg Offices 4,872 $ 64,554 Trammel Crow 2,280 $ 18,24Q 10300 SW Greenburg Offices Gazely 42 $ 2,900 12700 SW Hall Maufacturing Learning Tree/Westwood 320 $ 7,500 Pool in Center Hallberg 7420 SW Hunziker Offices 800 $ 3,000 Gospodinovic 12750 SW Pacific Hwy. Offices/Retail $ 5,000 R. A. Gray 16285 SW 85th Offices/Mfg. 2,178 $ 21,780 Time Electric 15688 SW 72nd Offices 3,000 $ 30,000 10855 SW Cascade Warehouse Floors Add. 6,863 $ 200,000 Koll 10160 SW Nimbus Offices 920 $ 2,000 Crescent Grove Cemetery 9925 SW Greenburg Mausoleum Addition 2,400 $ 127,479 BUILDin(; PERMITS April - June, 1987 C_ommerci.al and Industrial Activity Remodel, Additions Proposed Use Square Footage value R. A. Gray 3,634 $ 20,000 16285 SW 85th Woodworking Southland 360 $ 4',000 10650..SW McDonald Bottle Storage Koll 10115 SW Nimbus Furniture Sales 2,056 $ 22,000 r Hallberg �' .. 800 $ 8,500 7440 SW Hunziker Offices Arco $ 900 12485 SW Main Service Station R & 8 7000 & 7150 SW Hampton Offices 2,015-1,514-733 $4,100-$4,500- $3,500 Koll 10130 SW Nimbus Offices 4,000 $ 1,800 Ranier Bank 10250 SW Greenburg Bank $ 1'200 Equities Northwest 10115 SW Nimbus Insurance Office 998 $ 15,000 Jadco 16055 SW 74th Fence/Loading Dock 2,400 $15,000/$2,000 Trammel Crow 12020 SW Garden Place Computer Chip Mfg. Offices (Spectron) 12,000 $ 20,000 Koll 10240 SW Nimbus Offices 1,152 $ 1,500 Hall Blvd. Baptist Church 14145 SW Hall Blvd. Church 500 cu yd fill JC Penney 2,000 9500 Washington Sq. Rd. Retail Satellite Ant. $ Sentrol 10575 SW Cascade Mfg. Area 31,783 $ 145,000 Koll 10240 SW Nimbus Offices 2,160 $ 2,200 First Baptist Church 11075 Sw Gaarde St. Church 1,560 $ 60,000 Simco 9370 SW Greenburg Doctors Offices 1,400 $ 14,300 Koll 10160 SW Nimbus Offices 1,020 $ 1,000 nEW PROJECTS April — june, 1987 Commercial and Industrial Activity Remodel, Additions r Proposed Use Square Footage Value f R. A. Gray , 16285 SW 85th Office/Warehouse 2,178 $ 21 780 R. A. Gray 16285:SW 85th Office/Warehouse 2,178 $ 21,780 Trammel Crow 10220 SW Greenburg Offices 4,242 $ 30,000 i Roe-box 1,, 868 $ 6.000 16160 SW Upr Boones Fry Rd Offices, Warehouse It r Sale $ 800 9770 SW Scholls Ferry Rd Temp Tent for Allwood Industries 12700 'SW Hall Blvd. Manufacturing Offices 2,021 $ 12,000 Trammel Crow 1,113 $ 8,904 10200 SW Greenburg Offices E. Robinson 7340 SW Hunziker Offices B00 $ 8,000 Dick's Color;Center $ 4,000 12568 SW Main St. Retail Sales Weigel $ 51000 6975 SW Sandburg Fibernet Wolff 10156 Washington Sq. Rd. Tan Salon 1,485 $ 25,000 Capone 13000 SW Pacific Hwy. Car Repair 890 $ 2,000 Hall Blvd. Baptist- Church 14156 SW Hall Blvd. Church Addition 4,200 $ 147,000 (0674P/d22P) l e nEW PROJECTS April - June, 1987 ROOM t-UC-3TTw- Commercial and Industrial Proposed Use Square Footage pacTrust Office Building 22,112 square fee 1601 SW 72nd 1.3 acres SDR 87-16/V 87-16 I-P ti (0674P/d22P) nEw BUSInESS TAX . RECEIPTS _ April - June, 1987 Name Address Employees Type Blue Heron Bookshop 12555 SW Main St. 1 Books Cedrus 10980 SW 81st 2 Mail Order Software Charlottes' Children 11940 SW Pacific Hwy. 1 Children's Clothing Creative Window Cvring 10350 SW Serena. Way 1 Window Covering 0 & R Kirby Co. 12750 SW Pacific Hwy. 0 Vacuum Sales Delta Fire, Inc. 14795 SW 72nd Ave. 9 Fire Protect. Contractor Empire Batteries, Inc. 7320 SW Bonita 4 Batteries Galanti Organ Builders 15812 SW Upper Boones Fry 2 Organ Builders Gent Auto Restoration 12155 SW Grant Unit C 1 Car Restoration Greenburg Cleaners 10763 SW Greenburg Rd. 1 Dry Cleaners Hamlyn Overseas Trad. 10170 SW Nimbus #H5 5 Mail Order Health Physi43 Northwest 111535 SW 67th 6 Health Physics Consulting J & J Sales & Mktg 7140 Sw Fir Loop 0220 3 Manufacturer's Rep Jackson C. Towne 11945 SW Pacific Hwy. ]. Fireworks Stand Kid's Kut & Kurl, Inc 10154 SW Wash. Sq. Rd. 5 Hair Lepus 7495 SW Tech Ctr. Dr. 2 Elect. assembly & Office Magno-Humphries,• Inc. 8800 SW Commercial St. 21 Food Supplement Mfg. One Hour Photo Finish 13050 SW Pacific Hwy. 3 Photo Lab & Sales Oregon Shellfish 8900 SW Commercial St. 1 Food Photo Magic 12220 SW Scholls Fry Rd 1 Photo Processing Pit Stop Gas 11540 Sw Barbur Blvd. 1 Gas Quality Quick Mart 11606 SW Pacific Hwy. 1 Grocery/Deli Randa K. Pittman, CPA 7340 SW Hunziker 0104 3 CPA Regency Mgmt Svc 6950 Sw Hampton #301 1 Secretarial Service Scentura Creations 10170 SW Nimbus #H-4A 10 Wholesale Fragrance Design Spring Cleaners of Ptld 11580 SW Hall Blvd. 04 1 Cleaning Superior Wholesale, Inc 12230 SW Main St. 1 Wholesale Liquidation Virtual Knowledge Sys. 15255 SW 72nd, Suite D 1 Software Development Z Best Distributors 16285 SW 85th 0107 1 Wholesale Supplies (0674P/d22P) MEMORANDUM TO: Mayor*, City Council, and City Administrator September 8, 1987 r FROM: Chuck Martin, President TPIQn) SUBJECT: CrUiSin' Tigard 187 Report This year's event was the most successful of the three Cruisin' Tigard events. Attendance on Main Street may have been slightly down from the previous year-. The night time dance attendance was larder. There were concerns on the part of staff over, Lhe temporary use application. While those concerns ar-e justified, they were directly related to the partners of Tramell Crow renigging on an agreed use of the Park 217 property for the evening dance. This resulted in a change of location one week before the event was to take place. lho second concern was with Lhe train from Burlington Northern. Burlington Northern had been contacted early in the Spring regarding this event. the Committees wj+s told no trains would be in the Main 'Str-oot area after 8:00 AM. The subsequont: ar•r•ival of Lhe train and the excc.,ssive speed were beyond the control of the Committee. I would recommend that no activities take placca on the r•ailr•oad right-of-way in the future. Also, the contact with Burlington Northern be made within 24 hours of the event to c.onfir•m any previous agreements. While the use of volunteers is extremely impor•Lant, 1: would recommend that early in the process staff from t:ho City ber.ome involved. Areas of specific concern ar-e the planning and permit process and public safety issues. Persons from these departments as well as Public Works could add invaluable assistance Lo the Commi tteae. A word of thanks t:o all of the City employees who's help arid patience made this event possible. Planning was very helpful in a situation that was very trying for all involved. Not enough can be said for the efforts of the Public Works crews who cleaned, scrubbed, and painted the Main Str-eet area. Lastly, City Council members, City staff, and families who cooked hamburgers have our thanks. You were great! ! CM:lw/0819D MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council September 4, 1987 FROM: Eoreen Wilson, City Recorder, SUBJECT: Washington County Durham Road Study Results The results of this study are nut available at the time of packet delivery. This agenda item will be hand—carried to the meeting of 9/14/87 if the final results are received by that gime. lw/0841D e c l!; CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 1987 DATE SUBMITTED: September 3, 1986 ISSUE/AGENDA TITLE: C.I.P. Status PREVIOUS ACTION: _ Report — August, 1987 _ _ PREPARED BY: Randall R. Wooley ;L, ' DEPT HEAD OK' ^ " ITY ADMIN OK REQUESTED BY: OLICY ISSUE A report on the status of the various projects in the CIP and LID programs. INFORMATION SUMMARY Attached is the monthly report on CI:P projects as of Aug,:st 31, 1987. ALTERNATIVES CONSIDERED 1 . Receive information report; no formal. action required. FISCAL IMPACT SUGGESTED ACTION Receive reports; no action required. cs/2503P/31P CAPITAL IMPROVEMENT PROGRAM STATUS REPORT July 31, 1987 ST-3 North Dakota Street Resurfacing and Reconstruction (90th to 95th) Construction is completed. ST-6 - Tiedeman Avenue Realignment Sewer line legal problems aro resolved and sewer will be reloca��d as soon as possible. Road work is rescheduled to 1988. ST-7 - North Dakota Street: Realignment: at; 115th Avenue Construction is completed except some cleanup. ST-11 - Traffic Sic n3 al .at. Greenburg Road and Ti-vcieman Avenue The project is being designed by the State. It now appears that they will be ready to adver-tise for bids by late fall . x ST-13 - Traffic Signal at Burnham Street: and Nall Blvd. This project: is being designed by the State. Due to shortage of State matching funds, this project has been rescheduled for 1990. ST-14 •- Traffic Signal at Nall Blvd. and McDonald Street This project is being designed by the State. The project has experienced delays due to sher•t,ago of State funds . They o..re now bspginning right-of-way ac:yuisitian and have scheduled construction for 1988. ST-16 - L.I.D. No. 35, S. 68th Parkw� Construction complete. We are working to complete some legal details so that the final hearing can be scheduled. ST-17 - L.I.D. No. 40 Dartmouth Street Extension Public hearing continued to September 28th. *Projects which were previously reported as complete have been deleted. i ST 18 Pacific Highway and Canterbury Lane Intersection Improvement The State has scheduled this project for 1990 construction. Preliminary engineering study for- the project has begun. ST-19 — 135th Ave. L.I.D. A public hearing was held on August 31, 1987. Council decision on the LID formation is scheduled for September 14th. ST 20 — Genesis No 3 Subdivision Improvements Construction has begun. ST-21 — Greenburg/Tiedeman Turn Lane Preliminary design is completed and being coordinated with ODOT signal design. ST-22. — Triangle Access Study This work will be done in conjunction with ODOT's study of Highway ?.17 interchanges. The ODOT study is just beginning. ST-23 — 72nd/Pacific Hicahwa%] Intersr..ct:ion We have riot yet begun work on this project. ST-24 •- Durham/Hall Turn Lane Preliminary designcolipleted. Wo are working with adjoining propor•ty owner on a small amount of r•ight-of-way r oqu i r od. ST-25 — Greenburq/Ash Creek E3rid_�0 During Sopk.ember, we expect. t:o request: consultant proposals for this design work. ST-26 — Greenburg/Center• Street: We have riot yet started work on this project. cs/2503P/31P t SS-1 — Sewer Master Plan The master planning work will proceed as soon as the new aerial mapping project is complete. The aerial mapping project was delayed somewhat to coordinate with mapping work being done in adjoining cities. The result will be a small cost savings and better coordination. SS-4 — O.E.A. Trunk Access Paths Final plans are being prepared. X. SS-9 — Elmhurst Sewer Extension (LID H42.) Construction of the sewer line in the Landmark Ford area is completed. One more easement is required at another- location before we can complete all work in LID 042. SS-9 — 69th P1. Sewer Repair Work is completed. SS-10 — Industrial Area Sewer RR Crossing Rescheduled for spring of 1900. SS-11 — Garrett/99W Capacity Improvements_ Scheduled for bidding in Spring of 1900. SS--12 — Gentle Woods Manhole Protection Ready 1:o bid as soon as we. receive a Corps of Engineers permit for work in Fanno Creek. SS-13 — Pinebrook/Hall Repairs Construction in progress. i SS-14 — Leron Heights Modifications Bid opening for first phase of this project is scheduled for September- 1st. 3. t i cs/2503P/31P s• Y F k r; 4 Y- C G: F y s m s t SD—1 Caarde Street and Canterbury Area Drainage Improvements Contracts have been approved. Construction will begin in early September. SD—3 100th/Sattler/Murdock Improvements Scheduled for .late 1987. SD—4 Summerlake/Anton Park Drainage Bid opening for first phase is scheduled for September 1st. We are still acquiring easements for the second phase work. SD—5 104th/Hillview Improvements Schedt-led for 1988. SD-6 — Cascade Avenue Improvements Scheduled for 1988 . cn/2503P/31P INK- CIP/LID PROJECT STATUS As Of August 31, 1987 PROJECT PROJECT STATUS ESTIMATED COMMENTS COMPLETION DATE -.0 Ea) C -4 tr .14 a. 14 0 0 ST-1 Fairview Resurface completed .... ..... ... SW 68th Parkway Re ST-2 surf. Completed .. ......... .. ......... ................ . ......... .. .... ... . ....... .. ....... X* . ... .. ......... ST-3 No. Dakota Resurface Completed ........ .. .. .... .. ... .. ......... .. ......... ... ......... ....... .......... .. ......... .. ......... . ......... .. ......... ST-4 104th Ave. Reconstr. Completed X,3 ST-5 Commercial St. Connect. --- Project Postponed ST-6 Tiedeman Ave. Realign. 8/30/88 .......... ..... .. X X: ST-7 No. Dakota Realign. Completed ST-8 79th/Bonita Realign. Completed .......... ST-9 Main St. Improve. Study Completed Prelim. Engrg. Only ST-10 Hunziker Realign. Study Completed Prelim. Engrg. Only ST-11 Greenburg/Tiedeman Sign 5/31/88 ....... .. .. X X ST-12 Scholls Fry/No Dak Signal::::::::::::: Completed ST-13 Burnham/Hall Signal 1990 ST-14 Hall/McDonald Signal 12/31/88 ST-15 Hall LID #85-1 Completed ........ .......... ...... .......... .......... ........... .......... ......... . ........... ST-16 SW 68th Pkwy LID #35 Completed ..... . .... ST-17 Dartmouth LID #40 1988 18 99W/Canterbury Improve. 1990 .....xe.x 1 ST-19 135th Ave. LID 1988 . ......... .......... . !3T-7 0 enesi-q No--3— ........ ...-ON X ST-21 Greenburg/Tiedeman Lane 1988 I'M1111all Nall 45 .• • fi Y i a r. 7 hJ y 'r:'_'�,. � �� .A,. t��f_ - X. ..r � ��_ .. ! ..... s1'... J .. r � .• ... .. �_....�.. ... v. o". �„ t�'.�.. .. .'`C'.i �it ,._ -� CIP/LID PROJECT STATUS As Of August 31, 1987 PROJECT STATUS ESTIMATED COMMENTS PROJECT COMPLETION DATE -.0 U) LO ­4 ro 0 41 -A r- 1-4 C: W > 13 0 SS-1 Sewer Master Plan 1/31/88 SS-2 Pinebrook Trunk Repairs X. X. Completed X.: SS X. X -3 SW 69th Sewer Extension Completed X, X X SS-4 OEA Trunk Access Paths 10/31/87 X.: X. SS-5 - Watkins Ave. Sewer. Repai ........ Completed SS-6 100th/Inez Sewer LID --- LID Defeated rim SS-7 74tH/Cherry Sewer LID --- L ID Defeated mm SS-8 Elrnurst Sewer Extensior Fall, 1-987 X. H_ X. ........... SS-9 889th Pl. Sewer Re air i:::::: Com leted SS--10- Industrial Area RR Xing Spring, 19811. SS-11--.-.,Garrett/99W Improvement 1988 SS-12- Gentle-Woods Manhole 10/31187 SS-13= Pinebrook/Hall Repairs X-X 9/30/87 X SS-14- Leron Heights ModificaU 9/22/87 9 ,i 4 f r •• ESTIMATED PROJECT STATUS COMPLETION i DATE • Project Deleted �: - • 4�r,FY�eS �` •- .' � ,ism lW tii � V l' }a 1 N /I Y , 3 � J 'l l 9::51L1, 55 /�T CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council September 1, 1987 FROM: Bob Jean, City Administrator 'J ` SUBJECT: COUNCIL CALENDAR, FY 1987-88 Attached is an updated tentative calendar for this fiscal year. Official Council meetings are market with an asterisk (*). I've put question marks (?) along side those still needing Council OK. If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. Seetember 7, Mori NO COUNCIL (Labor Day) 14, Mon Council Business Agenda (6:30/7:30) X18-20, Fri-Sun Council/Department Head Workshop (Bowman's Conf. Ctr.) x21, Mori Council Study Agenda (6:30) (Commissioner Rogers) *28, Mori Council Business Agenda (6:30/7:30) 30, Wed Budget Committee Workshop (Operating Budget Finance) Executive Session (City Administrator Perf. Review) ?p/Q r Octo er Y P ?g TAlty S f1'oo C) lylk`r266q ye-PauL Un-chodt lyd [Tigard School District—Tigard City Council meeting? ?7, Wed Beaverton-Tigard Council Meeting? *12, Mori Council Business Agenda (6:30/7:30) *19, Mori Council Study Agenda (6:30) X26, Mori Council Business Agenda (6:30/7:30) November " *2, Mori Council Business Agenda (6:30/7:30) 7-10, Sat-Tues League of Oregon Cities Conference, Portland (NOTE: Most Council related issues on Saturday & Sunday) *16, Mori Council Study Agenda (6:30) ?16, Wed Budget Committee Workshop (Capital Budget Finance) X23, Mori Council Business Agenda (6:30/7:30) 26, Thurs Thanksgiving Holiday g 27, Fri City Hall Closed F2:L $AT cor-w�� GoA�CS s� December , �1�6--moi x7, Mori Council Business Agenda (6:30/7:30) 12-16, Sat-Wed National League of Cities Conference (Las Vegas) *14, Mori Council Study Agenda (6:30) r, *21, Mon Council Business Agenda (6:30/7:30) r' Page 2 Council Calendar, FY 87-88 � January ?4, Mon Fanno Creek/Town Nall Conference? *11, Mon Council Business Meeting 13, Wed Budget Committee Meeting (Supplemental Budget & Budget g Guidelines) i *18, Mon Council Study Agenda (6:30) *25, Mon Council Business Agenda (6:30/7:30) j Fetruar + *1, Mon Council Business Agenda (6:30/7:30) *-8, Mon Council Study Agenda (6:30) *15, Mon Council Business Agenda (6:30/7:30) 22, Mon NO COUNCIL (President's Day) March ?2, Wed Budget Committee (Message and Revenues) *7, Mon Council Business Agenda (6:30/7:30) ?91 Wed Budget Committee (Departmental Requests) *14, Mon Council Study Agenda (6:30) ?16, Wed Budget Committee (Departmental Requests) *21, Mon Council Business Agenda (6:30/7:30) ?23, Wed Budget Committee (Recommendation) ?30, Wed Budget Committee (Recommendation) April *11, Mon Council Business Agenda (6:30/7:30) ?15-16, Fri—Sat Council Workshop *18, Mon Council Study Agenda (6:30) *25, Mon Council Business Agenda (6:30/7:30) a t }i *9, Mon Council Business Agenda (6:30/7:30) *16, Mon Council Study Agenda (6:30) *23, Mon Council Business Agenda (6:30/7:30) June *13, Mon Council Business Agenda (6:30/7:30) *20, Mon Council Study Agenda (6:30) f *27, Mon Council Business Agenda (6:30/7:30) j mh0028a \ F r{t tt 1 7' t DUNN. CARNEY. ALLEN, HIGGINS & TONGUE ROBERT R CARNEY rF NNIFER L P4LMOUIS T' ATTORNEYS AT LAW . RANDOU— MILLER ROBERT L ALLEN /0HN J HIGOINS 991s W S1�TH AVENUE SUITF 1cil() r..�1N I: r:41.4LF THOMAS PACIFIC FIRST FEDERAL BUILDING 4LI—FLL R F1 TO—.UE .NNY "ELLE ODE GEORGE J COOPER.111 (ELECOPIER•503, 224 7324 R ♦14.SHA MURRAY IVSBY CHARLES O. RUTTAN PORTLAND, OREGON 97204 0ON4LD E. IFMVLEJON' ROBERT K. WINGER TELEPHONE 15031 224-6440 DOUGLAS v VAN Dr G.KENNETH GHIROISHI• 54LL.Y R. LEISURE GILBERT E. PARKER.JR. SHANNON I SKOPIL' JOAN O•NEILL.PC CENTRAL OREGON OFFICE JEFFREY F NUDELMAN ROBERT L NASH" 109 N W WALL STRFET.SUITE 103 JONATHAN A BENNETT ANDREW 5 CRAIG OF-NO. OREGON 97701 BRADLEY O BAKER TELEPHONE 150:,1 3829241 JACK D HOF�MAN WILL 14M H MORRISON MICHAELJ. FRANCIS X1897 1U1331 RALPH R. BAILEY 1I V02 19741 August 31, 1987 JACK H DUNN '4UMIT TED IN OREGON JAMES G SMITH AND WASHINGTON NATHAN L.COHEN "RF.G!DENT PARTNER. REND OFFICE OF COUNSEL Honorable TomB ian Mr. Gerald/R. Edwards Mayor, City of Tigard 10390 S. Meadow 10455 S. W. J nson Street Tigard, Ogon 97223 Tigard, Orego 97233 Ms. Valerie Johnson Mr. Joh/n Schwartz 12265 S. W Walnut 15900. W. 76 Tigard, O gon 97223 Tiga: , Oregon 97224 Ms. Caro yn Eadon 11825 S W. Wildwood Court Tigard, Oregon 97224 Re: Dartmouth LID - Written Testimony of Gordon R. and Gordon S. Martin Dear Council Members: Enclosed please find a list of additional refer- ences to exhibits which is intended to supplement the references already contained in the written testimony regarding the Dartmouth LID submitted to the council at the hearing on August 10, 1987. Also enclosed is a revised page 19 of the written testimony which eliminates two typographical errors. The changes have been highlighted. Very truly yours , Douglas V. Van Dyk DVD0828-2:dr Enclosures: List ( Revised Page 19 cc: Mr. Gordon R. Martin Mr. Gordon S. Martin Mr, Thomas Schwab Mr. Wayne Kittelsory Ms. Loreen Wilson✓ Fir. Timothy Ramis "It is clear that traffic moving west and making the left turn from 99W to Dartmouth Street is severely underestimated in the ATEP study. The ATEP study identifies 57 such left turns under 2005 p.m. peak hour conditions, based on a 38% buildout [see Exhibit 25 at 20, 34] . However, both the Kittelson study, which assessed the same left turns at this intersection to be 440 cars during the 2005 p.m. peak hour based on a 55% buildout [Exhibit 9 at 3, 11] , and [ODOT's] analysis which identifies these p.m. peak hour traffic movements at 305 cars based on a 39% buildout, refute ATEP's contention * * "t (Exhibit 37) . Thus, in this one turning movement, MOT estimated over five times as many cars as ATEP based on approximately the same amount of buildout. Also, since the ATEP report was completed, Washington County has done a thorough review of the land use assump- tions for the Triangle area. These assumptions are contained in the 1987 Washington County Transportation Plan Update. They vary dramatically from assumptions utilized by ATEP for the same traffic zones: 1987 Washington County Transportation Plan Update 2005 Employment Growth Retail Office Traffic Zone 129 693 -80 Traffic Zone 226 375 4,164 1,068 4,084 19 SUPPLEMENTAL CITATIONS Page Statement or Paragraph Supplemental Reference 5 Paragraph 5. 1 Exhibit 50 6 Paragraph 5. 5 Exhibit 56 at 1 19 Additional references Exhibit 10 at 7 for block quotation 20 ATEP 2005 Employment Exhibit 25 at 18, 20 Growth CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 DATE SUBMITTED: August 24, 1987 ISSUE/AGENDA TITLE: Resolution PREVIOUS ACTION: Placed on Maintenance s ' Accepting Brittany Square III Guarantee Period on 9/8/87 Res. #86-1 6 Subdivision public improvements and PREPARED BY: Community Dev. De t release of the bond(s) authoriz n DEPT HEAD OK ITY ADMIN OK REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY 1. Brittany Square III Subdivision is located at the intersection of SW Winterlake Drive and SW Brittany Drive (note the attached map). 2. All public improvements have been satisfactorily completed and the project has satisfactorily passed the one year maintenance guarantee period. 3. Therefore, it is recommended that the City Council accept the public improvements, namely •- the street, sanitary and storm sewer systems, for City operation and maintenance responsibility, and authorize release of the guarantee bond. ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION PASS THE RESOLUTION TITLE: "A resolution accepting public improvements within a subdivision known as Brittany Square III. cs/0679D `qou :'r r �t of � �� `��■ �x w� ?" �'' /■1■■rte PRO. � t 41 mom d law o ■ X{ t. y a '✓' .�.aaY � -_. a�.4Y rT. YX'1 h K yd eetj� i Sf, - -t '!` Li�.'1 T•.Y < j t� J MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Counc il September 4, 1987 FROM: Loreen Wilson, City RecorderSUBJECT: Solid Waste Rate Policy ���� Please bring your material from the Council packet of 8/31/87. The agenda item number that evening was 10.7. lw/0814D CITY OF TIGARD OREGON 10. 7 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 31, 1987 DATE SUBMITTED: August 20, 1987 ISSUE/AGENDA 'TITLE: Solid Wasto PREVIOUS ACTION: On Agenda of Rate Review Procedure February 2, 1987 PREPARED BY: Wayne Lowrv, Finance Oir. rc DEPT HEAD OK CITY ADMIN OK* K REQUESTED BY: Utility & Franchise Cmte. OLICY ISSUE Shall the City establish a solid waste rate setting procedure for use in evaluating rate adjustments suggested by franchise solid waste haulers. INFORMATION SUMMARY In October 1986, the Council approved an annual report format to be used by the franchised solid waste haulers in reporting their financial situation to the City each year. In February 1987, the Utility and Franchise Committee submitted a solid waste rate setting procedure for Council's approval. -the procedure averaged the net incomes as a percentage of revenues of the three haulers to determine their average profit rate. If that rate was below eight percent or above twelve percent, a rate adjustment would be necessary. The Council chose to refer the procedure to the Finance Director and the City Attorney for analysis. The City Attorney reviewed the procedure and responded in a memo to the Community Development Director on February 23, 1987. Concerns voiced by the City Attorney were that the averaging of the "profit rates" could be inequitable among the haulers and that factors other than the rate of return should be considered in rate adjustment decisions. The Utility and Franchise Committee has clarified the procedure so that total expenditures and total revenues are added together from all three haulers and then the profit rate is determined. Determining the profit rate in this manner makes the overall rate determination more equitable. The Committee has :also revised the reporting form to provide more detail to the report reviewers. Most of the business related considerations included in TMC 11.04.02.0 referred to by the City Attorney have been incorporated into the report form. i E Through my review of the rate setting procedure, I have found that Washington County among other jurisdictions uses a similar reporting form ar►d rate ► setting procedure. The revisions and clarifications made by the Utility and Franchise Committee have made the rate setting procedure more consistent with the TMC and I believe, meets the need Council has voiced by providing a consistent and fair way to evaluate solid waste rates. The Utility and Franchise Committee has asked me to bring this reporting form and procedure before the Council for your adoption. ALTERNATIVES CONSIDERED 1. Approve solid waste rate setting procedure. 2. Refer back to Committee. $ FISCAL IMPACT N/A k SUGGESTED ACTION 1. Staff and the Utility and Franchise Committee recommend adoption of solid waste rate setting procedure. cn/0648D CITY OF TIGARD SOLID WASTE RATE SETTING PROCEDURE o Annual reports will be submitted to the Finance Director no later than March 31 of each year. The Finance Director will review the reports and gather any clarifications he deems necessary from the solid waste haulers or their designated representatives. o The Finance Director after being satisfied that the reports are complete and properly filled out in accordance with the instructions provided will determine the "profit rate" by the aggregate net income of the haulers as a percentage of aggregate gross revenues. o The Finance Director will then report the results to the Utility and Franchise Committee. If the. "profit rate" falls below 8%, the rates charged by the haulers should be adjusted to provide a 10% margin. If the rates exceed 12%, the rates should be adjusted downward to 10%. a After consideration of all information provided in the annual reports and input from the Finance Director, the Utility and Franchise Committee will submit to the City Council the results of the rate setting procedure and recommendations for rate adjustments if necessary. cn/0648D i t This report must be filed not later than March 1 of each year. (Name) (Address) (City) (State) (Zip) (A Solid Waste Collection Company) ANNUAL REPORT TO THE Raw CITY OF TIGARD, OREGON FOR THE PERIOD ENDING December 31, 19_ or NUMBER OF MONTHS FOR THE PERIOD (Normally Twelve) ORIGINAL to be mailed to the Finance Director, City of Tigard, Oregon. DUPLICATE to be retained by the filing company. Page 1 Answer every question on this form. Study this form and the instruc- tions included at the end very carefully and provide accurate answers. Where the word "None" fully and accurately states the fact, it may be given as an answer. This report will be used to evaluate the franchise A holder's performance and may result in revision or revocation of a franchise agreement. Print clearly or use a typewriter. Use extra sheets to clearly state your position, clarify the facts, show allocations or pro-rations or assumptions made and any calculations necessary to arrive at the information presented. SCHEDULE I - COLLECTOR'S ORGANIZATION 1. Complete Name of Hauler: Complete Address: 2. For corporations, list names and addresses of all shareholders and the percentage of ownership by each. Note those serving as Officers or Directors (or both) ; indicate title. % of Officer Total Name Address Ownership Director Compensation 3. For propietorship or partnership, list names and addresses of all persons having an interest or equity in the business and the nature and amount of interest or equity. Indicate the manager or managing partner by title "MGR". % of Equity Total Name Address ownership Interest Compensation 4. For corportion, proprietorship, or partnership, list all persons having an equity interest or shares or responsibilities, who also have duties in the operation of the Tigard Franchise Area of solid waste collection operation of the business. List each persons duties, hours spent in the Tigard Franchise Area portion of the business and the compensation paid or allocated to the Tigard Franchise Area portion of the business. Total Hrs Tigard Tigard Name Duties Spent firs Spent Compensation # # S # # S # # S # # S Page 2 SCHEDULE II - INCOME STATEMENT Column 1 Column 2 Column 3 OPERATING REVENUES - DROP BOXES: Drop Box Ravenues $ $ $ Number of Customers # # # OPERATING COSTS - DROP BOXES: Wages, fringes, wage-related taxes, etc. of Operating Personnel $ $ $ Fuel, lubrication $ $ $ Equipment maintenance & repair $ $ $ Disposal Fees $ $ $ Franchise Fees $ $ $ Total Direct Costs $ $ $ INDIRECT COSTS - DROP BOXES: Salaries, fringes, salary-related taxes, etc. of mgmt & support Personnel (See Instructions) $ $ $ Office Expenses $� $ $ Taxes, Licenses, Insurance, etc.$ $ $ Rent on bldgs, equipt, etc. $ $ $. Equipment Depreciation $ $ $ Sales & Advertising $ $ $ Professional Fees $ $ $ Other collection costs $ $ $ ---------- ---------- ---------- Total Indirect Costs $ $ $ Net Drop Box Revenues $ $ $ aasaaam=a3 a�aaas=.-== �sa�aaa�=� f OPERATING REVENUES - RECYCLING: Recycling Revenues $ $ $ OPERATING COSTS - RECYCLING: Wages, fringes, wage-related taxes, etc. of Operating Personnel $ $ $ 1 Fuel, lubrication $ $ $ i. Equipment maintenance & repair $ $ $ Disposal Fees $ $ $ f Franchise Fees $ $ $ r ---------- ---------- Total Direct Costs $ $ $ x. i Page 3 4 "s SCHEDULE II - INCOME STATEMENT (Continued) INDIRECT COSTS - RECYCLING: Salaries, fringes, salary-related taxes, etc. of mgmt & support Personnel (See Instructions) $ $ $ Office Expenses $ $ $ Taxes, Licenses, Insurance, etc.$ $ $ Rent on bldgs, equipt, etc. $ $ $ Equipment Depreciation $ $ $ Sales & Advertising $ $ $ Professional Fees $ $ $ Other collection costs $ $ $ Total Indirect Costs $ $ $ Net Recycling Revenues $ $ S OPERATING REVENUES - RESIDENTIAL (CANS) : Residential Customer Services $ S S Number of Customers # # # OPERATING COSTS - RESIDENTIAL (CANS) : Wages, fringes, wage-related taxes, etc. of Operating Personnel $ _ $ $ Fuel, lubrication $ $ S Equipment maintenance & repair $ $ $ Disposal Fees $ $ $ Franchise Fees $ $ $ Total Direct Costs $ $ S INDIRECT COSTS - RESIDENTIAL (CANS) : Salaries, fringes, salary-related taxes, etc. of mgmt & support Personnel (See Instructions) $ $ $ Office Expenjes $ $ $ Taxes, Licenses, Insurance, etc.$ $ $ Pent on bldgs, equipt, etc. $ $ S Equipment Depreciation $ $ $ Sales & Advertising $ $ $ Professional Fees $ $ $ Other collection costs $ $ $ Total Indirect Costs $ $ $ Net Residential Revenues $ $ S C Page 4 SCHEDULE II - INCOME STATEMENT (Continued) OPERATING REVENUES - COMMERCIAL (CONTAINERS) : Commerical Customer Services $ $ $ Number of Customers # # # OPERATING COSTS - COMMERCIAL (CONTAINERS) : Wages, fringes, wage-related taxes, etc. of Operating Personnel $ $ $ Fuel, lubrication $ $ Equipment maintenance & repair $ $ $ Disposal Fees $ $ $ Franchise Fees $ $ $ ---------- Total Direct Costs $ $ $ INDIRECT COSTS - COMMERCIAL (CONTAINERS) : Salaries, fringes, salary-related taxes, etc. of mgmt & support Personnel (See Instructions) $ $ $ Office Expenses $ $ $ Taxes, Licenses, Insurance, etc.$ $ $ Rent on Bldgs, equipt, etc. $ $ $ Equipment Depreciation $ $ $ Sales & Advertising $ $ $ Professional Fees $ $ $ Other collection costs $ $ $ ---------- ---------- ---------- Total Indirect Costs $ $ $ Net Commercial Revenues $ $ $ TOTAL NET OPERATING REVENUES: $ $ $ Other Revenues (Explain) $ $ $ — Total Revenues $ $ $ OTHER COSTS: Interest Paid (See Instructions) $ $ $ Extrordinary Costs (Explain) $ $ ---------- ---------- ---------- Total Other Costs $ $ $ ---------- ---------- ---------- NET OPERATING INCOME $ $ $ Profit Percentage _ $ Page 5 SCHEDULE III - COLLECTION PROPERTY OWNED AT YEAR END LAND BUILDINGS & STRUCTURES Original Cost, Plus any additions or replacements, at beginning of this period $ $ $ Cost of Items acquired this period $ $ $ Cost of Items retired this period $ $ $ Accumulated Depreciation at beginning of this period $ $ $ Depreciation retired this period $ $ $ Depreciation for this period $ $ $ Accumulated Depreciation at the end of this period $ $ $ VEHICLES & COLLECTION EQUIPMENT Original Cost, Plus any additions or replacements, at beginning of this period $ $ $ Cost of Items acquired this period $ $ $ Cost of Items retired this period $ $ $ Accumulated Depreciation at beginning of this period $ $ $ Depreciation retired this period $ $ $ Depreciation for this period $ $ $ Accumulated Depreciation at the end of this period $ $ $ CONTAINERS & DROP BOXES Original Cost, Plus any additions or replacements, at beginning of this period $ $ $ Cost of Items acquired this period $ $ $ Cost of Items retired this period $ $ $ Accumulated Depreciation at beginning of this period $ $ $ Depreciation retired this period $ $ $ Depreciation for this period $ $ $ Accumulated Depreciation at the end of this period $ $ $ OTHER CARRIER PROPERTY Original Cost, Plus any additions or replacements, at beginning of this period $ $ $ Cost of Items acquired this period $ $ $ Cost of Items retired this period $ $ $ Accumulated Depreciation at beginning of this period $ $ $ Depreciation retired this period $ $ $ Depreciation for this period $ $ $ Accumulated Depreciation at the end of this period $ $ $ Page 6 TOTAL DEPRECIABLE ASSETS Original Cost, Plus any additions or replacements, at beginning of this period $ $ $ Cost of Items acquired this period $ $ $ Cost of Items retired this period $ $ $ Accumulated Depreciation at beginning of this period $ $ $ Depreciation retired this period $ $ $ Depreciation for this period $ $ $ Accumulated Depreciation at the end of this period $ $ $ SCHEDULE IV - COLLECTION PROPERTY SOLD, TRADED OR OTHERWISE PERMANENTLY RETIRED THIS PERIOD Net Book Gross Gain or Land, Buildings & Structures $ Value $ Sales_ $ (Loss) Vehicles and Collection Equipment $ $ $ Containers and Drop Boxes $ $ $ Other Carrier Property $ $ $ Total $ ------- $--------- $--------- PagE 7 OATH { STATE OF OREGON ) ss. CITY OF TIGARD ) I, the undersigned, owner or duly authorized officer of the Solid Waste Collection Company, whose name appears on the front of this report, on my oath say the foregoing report has been prepared, under my direction, from the original books, papers and records of said Company; that I have carefully examined the same and declare the same to be a complete and correct statement of the business and affairs of said Company in respect to each and every matter and thing therein set forth, to the best of my knowledge, information and belief; and I further say that no deductions were made before stating the gross earnings or receipts herein set forth, except those shown in the foregoing accounts; all governmental taxes that are due and all franchise fees that are due have been filed and paid except those disclosed herein; and that the accounts and figures contained in the foregoing report embrace all of the financial operations of said Company during the period for which FM said report is made. (Signature of Owner or Officer) Subscribed and sworn to before me this _ day of , 19_ Notary Public for the State of Oregon Residing at Within the terms of ORS 192.500 (1) (e) , ORS 192.500 (2) and such other public records statutes as may be applicable, City of Tigard will con- sider confidential information provided to City of Tigard consisting of production, sale of purchase, cost and simular business records. This shall not, however, restrict the authority of City of Tigard to use such information for regulatory or enforcement purposes. ( The following "Uniform system of accounts and instructions for preparing this report" are an integral part of the report and should be included as verification that these instructions were followed in preparing the report. Page 8 UNIFORM SYSTEM OF ACCOUNTS AND INSTRUCTIONS FOR PREPARING THIS REPORT r INTRODUCTION This system of accounts for Solid Waste Collectors is prescribed by the City of Tigard pursuant to (Ordinance) The description below of schedules and accounts are for those which appear in the accompanying report form. This report must be submitted to the City annually. Collector must maintain records adequate to complete this report, including records not specifically discussed in these following instructions. Retention period by the applicant shall be five years. These records are subject to examination by the City or its designated agents. SCHEDULE I - COLLECTOR'S ORGANIZATION This schedule pertains to the operations of the collector as a solid waste collector. Other activities are not to be included. The only revenues to be included are those directly resulting from the operations as a solid waste collector, and the only costs to be included are those necessary to support those operations. The owners/officers total compensation are to include their salary/wages, expense account, company vehicles, insurance premiums, and any other forms of compensation, to be allocated to the appropiate expense classifications. SCHEDULE IJ- - INCOME STATEMENT Three columns are provided for each item of the income statement. Each column must be completed and if amounts shown do not represent actual general ledger account(s) , then the method of allocation including the calculations must be attached to this report. CO UMN�_ Total company solid waste collection operations, showing the actual income and expense for the reporting period, reconcilable to the company federal income tax return. COLUMN 2. Jiaard Franchise Area, actual income and expense for the reporting period. If amounts entered are not represented by general ledger account(s) , then show the method of allocation and calculations. COLUMN 3. Optional use, to communicate projected or budgeted operations where known increases (such as disposal fees, labor costs, insurance, etc. ) will affect the profitability for the next period (normally one year) for the Tigard_ Franchise Area. Where the projected amounts vary from the previous period, attach an explanation including the allocation method and calculations. OPERATING REVENUES DROP BOX OPERNT-ING REVENUE: Include all revenue earned from the collection and ( transportation of waste deposited in drop boxes. Page 9 RECYCLING & SALVAGE RECYCLING REVENUE: Include all revenue earned from recycling and salvage operations. Partnership/Joint Venture credits or earnings from a recycling operation are to be included. If special allocations are used, explain and show calculations. RESIDENTIAL AND COMMERCIAL OPERATING REVENUES: RESIDENTIAL CUSTOMERS: Residential customers are defined as those who normally provide their own garbage cans for the collection of solid waste. Include all revenue earned from the collection and trans- portation of solid waste in residential carrier operations, including revenue from special hauls of solid waste from residential customers. Do not include drop box revenues from residential customers. COMMERCIAL CUSTOMERS: Commercial customers are defined as those who are normally provided containers for the collection of solid waste. Include all revenue earned from the collection and transportation of solid waste in commercial (containers) carrier operations, including revenue from containers and compactors owned by commercial customers. Do not include drop box revenues from commercial customers. OTHER OPERATING REVENUES: Include incidental earnings from all other solid waste collection services including the sub-rental or lease of properties which are included in the expense portion of this report. Do not include investment income such as interest earned from deposited funds, stocks, bonds, etc. or earnings from the sale of depreciable assets. Do not include earnings from sources that are directly part of the collection of solid waste. Do include interest or late fees earned from the carrying of accounts receivable. OPERATING COSTS WAGES: Include wages paid directly to drivers, helpers and other em- ployees directly involved in collection or equipment maintenance/repair for residential and business customers. Include fringe benefits, taxes, employer contributions to union and governmental programs, workmens com- pensation or any other statutory costs. FUEL & LUBRICATION: Include the cost of gasoline, diesel, or other fuel and lubricants necessary for collection vehicle operation. Include fuel taxes but not road use taxes. Do not include the costs of Officer or Shareholders vehicles. EQUIPMENT MAINTENANCE AND REPAIR: Include the cost of parts and materials used, labor employed and bills paid for repairing, greasing and washing of collection vehicles. Include the replacement of lights, batteries, horn, tire chains, tires, tubes and all other equipment of collection vehicles. Do not include the costs of replacing engines, transmissions, rear ends, compaction equipment or other capitalized and depreciable items. Do not include the costs of Officer or Shareholders vehicles. - - Continued - - Page 10 Do include road use taxes, the cost of rental or leasing of tires, tubes and other components of collection equipment. Do include the cost of short term (temporary, usually one month or less) rental or leasing of ar, equipment used while permanent equipment is being repaired. Include the cost of repairs and maintenance of buildings, shops, garages, storage facilities, grounds and related equipment used 50% or more in the solid waste collection operation, including the utility costs such as lights, heat, power and water. DISPOSAL FEES: Include the cost for the use of dump grounds, tipping fees and disposal facilities. Do not include the cost of operating or maintaining a disposal or dump facility. FRANCHISE FEES: Include franchise fees paid for the rights to collect solid waste. INDIRECT COSTS SALARIES: Include salaries paid directly to all office and adminis- trative employees directly involved in the solid waste collection oper- ation. Include fringe benefits, taxes, employer contributions to union and governmental programs, workmens compensation and other statutory costs, etc. OFFICE EXPENSE: Include the cost of office forms, binders, stationery and supplies, telephone service, office equipment rental, computer time charges, postage and other incidental expenses incurred in operating the office allocated directly to solid waste collection operation. Explain and show allocation calculations. TAXES. LICENSES AND INSURANCE: Include all taxes and licenses, not listed elsewhere, paid to federal, state, local or other taxing bodies in connection with the operation of the solid waste collection business. Do not include taxes on fuel, road use or income. Include all insurance costs incurred in providing protection to business personnel and pro- perty, and to satisfy public liability requirements. Do not include employee benefit insurances listed elsewhere. RENT: Include all rent or lease costs for buildings, grounds and equipment allocated directly to the solid waste collection operation. Do not offset rent expense by rental income received from sub-renting or leasing properties. DEPRECIATION: Include the total amount of depreciation for this period for property used directly in connection with solid waste collection that is shown in the operating property report (Schedule IV) . Use only the Straight-Line method to calculate depreciation eventhough other methods may be used for tax or book purposes. Use only the Federal guide-line lives that were in effect when the property was acquired. If allocations are used then explain and show calculations. SALES AND ADVERTISING: Include the costs incurred in the solicitation of traffic and/or business. Include advertising, tariff and schedule costs, fees for tariff associations and other business promotion expenses. Do not include costs for advertising or promoting recycling. Page 11 PROFESSIONAL FEES: Include fees for professional services such as accounting, legal, engineering, etc. OTHER COLLECTION COSTS: Include costs of labor and material in sanding roadways; removal of snow and ice; bridge, tunnel, road and ferry tolls; uniforms, including their care; fines for weight violations, but not traffic infractions; and other simular items not included elsewhere in this report. If allocations are made, explain and show calculations. OTHER COSTS INTEREST COSTS: Include all interest charges, fees and other costs incurred in the process of financing business operations. Do not include interest costs for financial activities of the business not directly related to the collection of solid waste, such as investment, stock acquisitions, business acquisitions, shareholder vehicles, etc. EXTRAORDINARY COSTS: Include any special costs incurred during the period that is directly related to the collection of solid waste business. (For instance, liability claims paid when not covered by insurance. ) Include a detailed explanation. NET OPERATING INCOME: Compute the differences between operating revenues and operating costs. Indicate clearly if costs exceed revenues for the three columns and explain why any losses have occurred. PROFIT PERCENTAGE: Compute the profit percentage by taking the Net Operating Income or (Loss) and dividing by the sum of Revenues (Drop Box Revenue + Recycling Revenue + Residential/Commerci .l Revenues, including other operating revenues) . SCHEDULE III - COLLECTION PROPERTY AT PERIOD END Information for each classification of solid waste collection related property owned at the beginning of the period, acquired or retired during the period and the remaining balances at the end of the period shall be reported in schedule IV. Use the straight-line method of depreciation calculation using the federal guide-lines lives in effect when the property was acquired. Three columns are provided as in the income statement schedule II, using the same column definitions. SCHEDULE IV - RETIREMENT OF COLLECTION PROPERTY Show the net book value (may be different than shown in Schedule III because of different book or tax methods of calculating depreciation) , sales price if any, and gain or loss of soild waste collection related property sold, disposed of, traded or otherwise retired from the operation. Page 12 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 DATE SUBMITTED: September 2, 1987 ISSUE/AGENDA TITLE: Street and PREVIOUS ACTION: None Utility Vacation Request–a portion of SW 69th Ave. & adjoiningeas t- PREPARED BY: Development Services r DEPT HEAD OK CITY ADMIN OK REQUESTED BY: City Staff _...--_..__..�—.�_=�LICY ISSUE Council initiated street vacation request – consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY In 1985, property owners in the 68th Parking Street: LID dedicated right–of–u'%Ay for the new street, with the expectation that the City would relinquish <<ny resulting unneeded remainders of pror>erty upon completion of the project. In order to complete the LID, we propose to bring before i:he Council on October 26th several minor land actions. Vacation of a small remnant of 69th Avenue eight--of–way will be a part of the LID property settlement process . To prepare for the October 26th meeting, staff is requesting that Council initiate street and utility vacation proceedings for the remnant portion of SW 69th Avenue arid adjoining easements (se.e attached vicinity and site maps) . This portion of SW 69th Avenue is located several hundred feet south of SW Pacific Highway and was dedicated with the subdivision plat of Way Lee back in December, 1975. The improvement of SW 68th Parkway between SW Atlanta and SW pacific Highway has removed the need to retain this right–of–way and utility easement for public purposes . ALTERNATIVES CONSIDERED 1 . Approve the attached resolution calling for a public hearing on October 26, 1987. 2. Take no action at this time. FISCAL IMPACT Approximately $300 for advertising and recording fees. SUGGESTED ACTION Staff recommends alternative H1. ' �� • • � -a���.—��1„1111 !�� � '_-." y :— 1111■ ���������� ti � _ �� p. 11 y I Lit a11 ' .1■� �� ® 1111 � �W �� � � } MEN ■11■� �1� ■ : :5: ' :: 1111 �■ //■■1 ��■■ .■■■ ��� � .- :�' � ■ ' � � y ; �■■ 11111■ ■111111�1�1� .9 �I si i i■®■ �. { ll 11■ �1■ ■1■1� Hill� �� �� ._ ■■ Y 7 t/.. Mills 111 1111 ,�IIE ©■e ��� ����e ■■fin. ��1� � � �� � ' i � � mm Is `� '� i 1111■■■ _ "7 � ■�mills i ■ . � � �!f?;c'� ► �� :1111/ � , ; �: .. � t mil •_ • � _� � y ` _ 1118 Him :�o. ... .� . . .. ■ Eli ti � 1111■■ • _�• � �i i� �i t� oil go CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 DATE SUBMITTED: September 4, 1987 ` ISSUE/AGENDA TITLE: South Metzqer PREVIOUS ACTION: Approval of Inter— Road Transfer Resolution governmental Agreement — July 27, 1987 PREPARED BY: William A. Monahan DEPT HEAD OK�JITY ADMIN OK REQUESTED BY: OLICY ISSUE The Council approved an irite rgovernmenta1 agreement with Washington County for the transfer- of roads in South Metzger to Tigard in July. The County has informed us that a resolution is also required in order for them to process our request. INFORMATION SUMMARY A resolution expressing the desire of the City to acquire jurisdiction of certain county roads in South Metzger is required so that Washington County can process our- transfer request. An inter•gover•nmental agreement was signed in July . ALTERNATIVES CONSIDERED 1. Adopt- the resolution to complete Tigard' s application for the, transfer of road jurisdiction from Washington County . 2. Take no action. FISCAL IMPACT SUGGESTED ACTION The staff recommends that the City Council approve the resolution requesting transfer of road jurisdiction from Washington County. br/0804D CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14 1987 DATE SUBMITTED: September 4, 1967 ISSUE/AGENDA TITLE: LCRB Pre- PREVIOUS ACTION: authorization to purchase lOYD , Finance dumptruck PREPARED BY: Wane Lowry, �� DEPT HEAD OK ITY ADMIN OK REQUESTED BY Cliff Scott,-Oper. Su _ POLICY ISSUE Council adopted Ordinance No. 85-05 on February 11, 1985 which sets forth the City of Tigard purchasing rules. This request complies with said rules. INFORMATION SUMMARY Local Contract Review Board Administrative Rules Section 1.0.045 provides for the purchase of used personal. property over $10,000 with three competitive quotes or a written record of the attempt to obtain quotes if three are not available. Due to the nature of the used truck market, pre-authorization of the Local Contract Review Board (LCRB) is requested to allow the City to qualify for the bast buy available. The 1987-flfl budget, as adopted by the City Council, included $40,000 for, the r purchased of a 10-yard dump truck for. use by the Street: and Wastewater Crows. ` Used equipment such as this is difficult to locate and because of the nature of the used truck market, trucks that become available do not stay available for more than a week to 10 days. Because of this, there will not be enough J time to get approval on a specific truck from the LCRB in a timely manner. The Operations Superintendent has found that sellers are not willing to hold equipment pending Council's approval . The Operations Superintendent has requested tht-At the LCRB Pre-authorize the purchase of a used 10-yard dump truck for up to $40,000 allowing the City to move quickly when the truck meeting the City' s needs becomes available. Attached i.s a list of minimum requirements for the truck . A status report will be submitted to the Council after purchase of this equipment detailing the amount spent and the truck purchased. 1 ALTERNATIVES CONSIDERED 1. Pre-authorize the purchase of a used 10--yard dump truck for up to $40,000. 2. Require tt�e Operat of pa rintendent spe ific tru�k,come back to the LCRB for approval of the purchase FISCAL IMPACT The budget for PW equipment includes $40,000 for a 10-yard dump truck. SUGGESTED ACTION Alternative #1 ` cs/0802D • MINIMUM SPECIFICATIONS FOR 10—YARD DUMP TRUCK i. 1. DUMP BOX SIZE: 9-11 cubic yards capacity and proper for wheel base 2. AXLE: Front — 16,000 lb. Rear — 30,000 lb. 3. TIRE SIZE: Adequate for truck dross vehicle weight 4. YEAR OF MODEL: Minimum 1979 (unless truck is in very good condition) 5. ENGINE: Diesel -- minimum 185 HP -- 285 CID 6. TRANSMISSION: Minimum 6 speed automatic or• 10 speed manual 7. MILES: Maximum 120 thousand 8. WHEEL BASE: 210 inches 9. LIGHTING: To meet stage requirements 10. SAFETY: To moot state/federal requiremonts lw/O814D -�3. 9 DUNN, CARNEY, ALLEN, HIGGINS & TONGUE JENNIFER L.PALMOUIST' ROBERT R.CARNEY ATTORNEYS AT LAW W.RANOOLPH MILLER ROBERT ALLEN JOHN C L. .CI HALAN JOHN J.HIGGINS OSI 3.W. SIXTH AVENVl.SUITE ISOO RUSSELL R. KILKENNY THOMAS H. TONGUE PACIFIC FIRST FEDERAL SUILDIN43 HELLS ROD' FORGE H COOPER.111 TEL£COPIER I5031 224-7324 MARSHA Ml BRAY-LUSBY J.,ARLES D.RUTTAN PORTLAND, OREGON 97204 DONALD F.. fEMPLCTON' ERT K_WINGER DOUGLAS V.VAN DYK ROB TELEPHONE(3031 224-6440 SALLY R.LEISURE O.KENNETH SHIROISHI' SHANNON 1.SKOPI L' GILBERT E.PARKER.JR. CENTRAL OREGON OFFICE JEFFREY F. NUOELMAN JOAN O'NEILL Y.C.- 709 N.W.WALL STREET,SUITE 103 JONATHAN A.BKNNZTT ROBERT L. NASH•- wNORfw S.CRAIG BEND.OREGON 97701 SRADLEV O.BAKER TELEPHONE 15031 362.9241 WILLIAM H.MORRISON JACK O.HOFFMAN 11097.19331 MICHAEL J.FRANCIS RALPH R.BAILEY p ,1 902 19741 September 10, 1(�707 'ADMITTCO IN OREGON JACK H. OUNN AND WASHINGTON JAMES G.SMITH '-MISIDENT PAPTNCR. NATHAN L.COHEN BEND OFFICE OF COUNSEL Honorable Tom Brian Mr. Gerald R. Edwards Mayor, City of Tigard 10390 S. W. Meadow 10455 S. w. Johnson Street Tigard, Oregon 97223 Tigard, Oregon 97233 Ms. Valerie Johnson Mr. John Schwartz 12265 S. W. Walnut 15900 S. W. 76 Tigard, Oregon 97223 Tigard, Oregon 97224 Ms. Carolyn Eadon 11825 S. W. Wildwood Court Tigard, Oregon 97224 Re: Dartmouth LID: Supplemental Written Testimony of Gordon R. and Gordon S. Martin Dear Council Members: Enclosed please find the Supplemental Written Tes- timony of Gordon R. Martin and Gordon S. Martin. The purpose of this supplemental testimony is to respond to the Council 's request for additional information regarding the Martin position with respect to assessments. As with previous testimony submitted on behalf of the Martins, please submit questions pertaining to assessments prior to the hearing on September 28, if possible. Thank you for your consideration. ery my y rs/t Douglas V. Van Dyk DVD0910-1:dr Enc. : Supplemental Written Testimony cc: Mr. Gordon R. Martin Mr. Gordon S. Martin Mr. Timothy Ramis i IDARTHO(r'M L I D ( TRAFFIC CONCERNS t AND RELATED ISSUES VOILM III ! (Supplarent) I f l Submitted by: Gordon R. Martin Gordon S. Martin DUNN, CARNEY, ALLEN, HIGGINS i, TONGUE Charles D. Ruttan Douglas V. Van Dyk Attorneys for Gordon R. Martin and Gordon S. Martin OVERVIEW OF VOLUME III On August 10, 1987, the Tigard City Council requested that Gordon R. Martin and Gordon S. Martin summarize their position regarding assessment issues relating to the Dartmouth LID. This supplemental Volume III is intended to address those concerns. This volume begins with a brief recital of the Martins' position on the major assessment issues. As with Volumes I and II of the Martins ' testimony, reference is made to exhibits which elaborate on the issues. It should be noted, however, that the Preliminary Engineering Report, revised as of July 23, 1987, differs from Iprior versions in that it does not include an Assessment Roll. For purposes of this analysis, then, it is assumed that there are no changes in the Assessment Roll . r t 1 i 1 CONCLUSIONS REGARDING ASSESSMENTS I1. Before Assessment , Bids Must be Received. The City of Tigard is required to put the Dartmouth LID project out to bid prior to assessment. Improvements with estimated costs greater than $50,000 are required to be let for bids pursuant to Tigard Municipal Code S 13.04. 180 in effect at the time that the LID was ! formed. Only after contracts have been signed may benefited property owners be assessed the costs of improvements (Vol. II, IEx. 35, Ex. 38, Ex. 40, Ex. 58 at 2-5; Vol. III, Ex. 1 at 5-6) . 2. Removal of Four Property Owners from Assessment is Imp. R. A. Wright 's preliminary engineering report excludes Ifour properties from the assessment rolls. Two of the properties are single family residences zoned commercial and two of the properties have commercial buildings on them. The properties border the planned right of way and will. enjoy special benefits lin the form of increased convenience and accessibility. There- fore, the four properties should be assessed for benefits derived from this LID. (Vol. II, Ex. 58 at 9-12; Vol. III, Ex. 1 at 6- 10). 3. Assessments are not Based on Benefits Derived by Each Property Owner. The proposed formula for assessment is based solely on the total projected costs of the project and fails to reflect the special and peculiar benefits derived by each pro- perty as a result of the improvement as required by TMC 13.04.080 C in effect at the time the LID was formed. (Vol. III, Ex. 1 at 10-12) . 2 { 6. Properties Outside the Assessment District will Benefit as Development_ Occurs. The boundaries of the assessment district Ishould be expanded to include properties that will benefit from drainage and improved access to surrounding highways: 6. 1 Drainage. Land on the northerly side of the road- way rises above the street grade in a northerly direction. Land south and west of the roadway is lower than the street grade. The high-side property will benefit from drainage across low-side property as development occurs. The assessment district impro- perly excludes high-side properties in the north-northeasterly section of the Triangle which will enjoy such drainage benefits. 6. 2 Properties Zoned for Office will Utilize Dartmouth. According to the ATEP Report 52% of the total p.m. peak hour Triangle traffic in the year 2005 will be generated by office employees. A substantial portion of this traffic will ` utilize the Dartmouth Extension. Yet, the properties zoned /for office use are not included within the assessment district. Such properties will receive a benefit from the LID and therefore should be included for purposes of assessment. (Vol. II , Ex. 57) . 6.3 Pro erties in the Southwest Corner of the Triangle are Benefited. The Hartig, Grunbaum, and Christen properties in the southwest corner of the Triangle will utilize the Dartmouth Extension for access out of the Triangle. There is no alter- native access for these properties. These properties should therefore be included within the 4assessment district. 4. Property Owners Should not be Assessed the Total Cost of the Project. Under the current assessment formula, no consider- { ation is given to the special benefits to be derived by the City as a result of the planned improvements. The benefits are as f follows: 4. 2 Pass Through Traffic. The Dartmouth Street exten- sion will accommodate large volumes of pass through trips. The Tigard City Engineer has previously testified that a major pur- pose in forming the LID is to route traffic from I-5 to Pacific Highway. ODOT has also recognized that Dartmouth traffic will include large amounts of pass through vehicles. 4.2 Dartmouth/Pacific Highway Intersection. The cost Iof the intersection of the Dartmouth Extension and Pacific High- way has been included as an assessment cost. The improvements at that intersection benefit the City of Tigard by providing an orderly flow of traffic on Pacific Highway. Therefore, the costs I of such improvements should be born by the City. 5. Negative Economic Impacts. If the Dartmouth Extension is constructed without South Access, the Martin property cannot develop for commercial use consistent with its zoning. Develop- ment will be precluded by severe traffic circulation and capacity pr.,:.lems and a road design which creates 10% grades at both ends of Dartmouth Street. The assessment does not reflect the negativE economic effects that construction of the proposed LID will 4ave on the Martin property. The proposed assessment is, as a result, arbitrary and unreasonable. (Vol. II, Ex. 58 at 6) . 3 6. Properties Outside the Assessment District will Benefit as Development Occurs. The boundaries of the assessment district should be expanded to include properties that will benefit from drainage and improved access to surrounding highways: 6.1 Drainage. Land on the northerly side of the road- way rises above the street grade in a northerly direction. Land south and west of the roadway is lower than the street grade. The high-side property will benefit from drainage across low-side property as development occurs. The assessment district impro- perly excludes high-side properties in the north-northeasterly section of the Triangle which will enjoy such drainage benefits. I 6. 2 Properties Zoned for Office will Utilize Dartmouth. According to the ATEP Report 528 of the total p.m. peak hour Triangle traffic in the year 2005 will he generated by f ' office employees. A substantial portion of this traffic will utilize the Dartmouth Extension. Yet, the properties zoned for office use are not included within the assessment district. Such properties will receive a benefit from the LID and therefore should be included for purposes of assessment. (Vol. II, Ex. 57) . 6.3 Properties in the Southwest Corner of the Triangle are Benefited. The Hartig, Grunbaum, and Christen properties in the southwest corner of the Triangle will utilize the Dartmouth Extension for access out of the Triangle. There is no alter- f native access for these properties. These properties should therefore be included within the assessment district. 4 7. Condemnation for a Private Purpose is Unlawful. The Dartmouth LID as proposed would apparently require a condemnation of property owned by Gordon R. Martin and transfer of a portion of that land to another property owner, Homer G. Williams, Inc. j The preliminary engineering report recommends that the City either condemn or purchase Martin's land on the north side of the proposed road in order to sell that land to Homer G. Williams. Either option would require the expenditure of LID funds for I purposes which are not necessary to support the improvement. The I result is a taking of private land that is unconstitutional because the taking serves only private interests and not public interests. (Vol. II , Ex. 58 at 13-14 ; Vol. III, Ex. 1 Iat 12-13) . 8. Assessment Against the Martins for Property Acquired t� from the Martins Through Condemnation isnot Appropriate. The assessment roll includes as part of the the cost to be assessed against the Martins' property the cost of condemnation of the Martin property. This is not legally permissible and constitutes a taking of the Martin property without just compensation. Therefore, the cost associated with condemnation of the Martin property should not be assessed back against the remaining Martin property. (Vol. III, Ex. 1 at 14-15) . 5 I IN THE CIRCUIT COURT OF THE STATE OF OREGON 2 FOR THE COUNTY OF WASHINGTON 3 GORDON R. MARTIN and ) GORDON S. MARTIN, JR. , ) No. 84-0517C 4 Petitioners, ) 5 ) VS. ) 6 CITY OF TIGARD, MAYOR PROTEM ) PETITIONER' S MEMORANDUM 7 KEN SCHECKLA, COUNCILOR JOHN ) OF LAW FOR WRIT OF REVIEW COOK, COUNCILOR TOM BRIAN, ) 8 and COUNCILOR IMA SCOTT, ) 9 Respondents. ) 10 STATEMENT OF FACTS 11 A Petition for Writ of Review was filed on May 2, 12 1984 following the adoption by the City of Tigard of 1 13 ordinances forming a local improvement district commonly known 14 as Dartmouth Extension Street Local Improvement District 15 No. 40 (L. I.D. No. 40), and adopting an assessment formula. 16 Petitioners appeared at the various hearings below pertaining 1 17 to formation of L. I.D. No. 40 and the adopting of assessments. 18 During the proceedings below petitioners raised 19 objections to formation of L. I.D. No. 40 and assessments both 20 orally and in writing. 21 In their Petition for Writ of Review, petitioners 22 raised objections pertaining to the formation of L. I.D. No. 40 23 and subsequent assessments. A writ of review was ordered by 24 this court on May 1, 1984 together with a stay of all 25 proceedings connected with L. I.D. No. 40, to include a tolling 26 Pagel - PETITIONER' S MEMORANDUM OF LAW FOR WRIT OF REVIEW OUNN. CARWEY. ALLEN. S 6 TONGUE ATTORNEYS AT LAW LAw ttsH��f���' 651 S.W. SIXTH. SUITE 1500 LLss��f PORTLAND.OREGON 97204 PAGE 2 . 15031 224.5440 I of the time period in which petitioners may apply for Bancroft 2 bonding. I 3 RESPONDENTS WERE WITHOUT JURISDICTION 4 TO FORM L. I.D. NO. 40 5 1. The City violated TMC 13.04.030 by not requiring 6 from the City Engineer plans and specifications for L. I.D. No. 7 40. 8 TMC 13.04.030 directs the city to require from the 9 city engineer plans and specifications for the improvement. 10 There is further direction that the city clerk shall have such 11 plans and specifications available in his office for 12 inspection. If the city finds such plans, specifications and 13 subsequent estimates to be satisfactory, it _shall approve 14 them. Despite repeated reference in the record to plans and 15 specifications being adopted by respondents, there were in 16 fact, no plans and specifications prepared or brought before 17 the city council for consideration. Despite this fact, the 18 city continued to mislead property owners by representing that 19 plans and specifications had been approved and adopted, 20 Resolution No. 84-14, Rec. at 117; notice to property owners 21 record 106-107; Ordinance No. 84-18, Rec. at 59. 22 In the case of Harder et ux v. City of Springfield, 23 et al, 192 Or. 676, 683-684, 236 P.2d 432 ( 1951) the court 24 held: 25 A city charter constitutes the organic law of a municipality. It must first be 26 consulted to determine the rights, powers Paget - PETITIONER'S MEMORANDUM OF LAW FOR WRIT OF REVIEW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE EXHIBIT A ATTORNEYS AT SAW L 851 5 W 51%TH, SUITE 1 500 PAGE�Q�G ^ PORTLAND. OREGON 97204 d( (503) 224.6440 f . - C C 1 and privileges and the limitations of the authority of the city' s legislative body. A municipality' s action must find its support therein and everything to the 3 contrary must give way to the mandate of that body of the city' s organic law . . . I 4 Harder at 683. 5 The failure to require plans and specifications was 6 a deliberate act on the part of the City during the preassess- 7 ment hearing of April 23, 1984. The lack of adequate plans 8 and specifications was pointed out to the City, and the City' s 9 council noted the allegation was a serious allegation, Rec. at 10 34. Despite this warning from the City' s legal counsel, no 11 action was taken. 12 The City clearly chose to ignore the mandate I13 included within TMC 13.04.080. Its actions forming L. I .D. No. 14 40 should be voided. 15 2. Proper notice is a jurisdictional prerequisite to BE 16 the city' s exercise of power under its charter. 17 Respondents failed to provide accurate notice to mom 18 petitioners prior to formation of L. I .D. No. 40. In addition 19 to notice by publication on March 1 and March 8, 1984, Rec. 20 106-107, respondents also served notice by way of a letter 21 dated March 3, 1984 from the City of Tigard to affected 22 property owners. 23 In the March 3rd letter the City stated that 24 assessments would be payable in installments over a period of 25 years at a reasonable interest rate. Rec. at 99. This 26 statement misrepresented the law. ORS 223 .220 (no application Page3 - PETITIONER'S MEMORANDUM OF LAW FOR WRIT OF REVIEW OUtJN. CARNEY. ALLEN. S & TONGUE ATTQAhEYS A4T LAW LAYt EXHIBIT 851 SW SIXTH. SUITE 1 500 3 PORTLANO.OREGON 97204 PAGE AGE (5031 224.8440 I shall be received for bonding if the amount remaining unpaid 2 upon such assessment equals or exceeds double the assessed 3 valuation of the property) . 4 The City' s misrepresentation was earlier expressed 5 by letter dated February 16, 1984 to property owners from the 6 City Engineer. That letter makes reference to an engineer' s 7 report approved by the council subject to a minor correction 8 regarding financing policy. A copy of the approved report was 9 enclosed. Rec. at 132. The enclosed report is set forth in I10 the record at pages 122-127. A paragraph pertaining to 11 Bancroft Financing is included stating that financing through 12 the Bancroft Act will be provided by the City of Tigard in 13 amounts up to, but not exceeding, the net cost shown in Column 14 15 of Table A. Rec. at 128. Column 15 represented an 15 estitmate- of the net assessment for which property owners would MW 16 be responsible. Rec. at 126. Thus, the engineer' s report • 17 represented that the net assessment levied by the City cold 1$ be Bancrofted in its entirety. 19 The City' s misrepresentation concerning the ability 20 to Bancroft the total assessment was not rectified and was 21 extremely prejudicial to petitioner. Property owners were 22 mislead as to *the law and facts pertaining to financing and 23 thus could not make an informed decision to remonstrate 24 pursuant to (TMC) 13.04.050. 25 An early analysis by the City Engineer on 26 December 19, 1983 indicated that 58%, by acreage, of affected Page 4 - PETITIONER' S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS a TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAIN EXHIBIT 851 S W SIXTH. SUITE 1 500 PORTLAND. OREGON 97204 PAGE _ 15031224.6440 ' I property owners supported the L. I .D. concept while 37%, by 2 acreage, were opposed and 5%, by acreage, opinions were 3 unknown. Ultimately, property owners representing a total of 4 more than 73%, by acreage, were uneligible for Bancroft 5 Bonding of portions of their property: Homer G. Williams Rec. 6 at 5; Don Pollock Rec. at 16; Gordon Martin, Rec. at 28. 7 THE CITY'S DECISION TO ASSESS IS 8 CONTRARY TO TMC CHAPTER 13 .04 AND THE LAW 9 1. TMC 13.04.080 conditions the making of I10 assessments upon the signing of a contract or upon a 11 determination by the City Council to make the improvement 12 itself. The record indicates that the city intended to let 13 the project out on competitive bidding during the summer of 14 1984, engineer' s report, Rec. at 124. The City Council' s 15 determination that property was benefitted and the decision to 16 assess was premature; no contract had yet been signed. 17 Provision is made for the total estimate of the City 1 18 Engineer to be considered as the contract price, but only* in 19 the event that the project is_ not to be accomplished by 20 contract. A city' s charter is its law and anything contrary 21 must give way. Harder et ux V. City of Springfield, et al, 22 192 Or. 676, 236 P.2d 432 (1951) . 23 See also: Portland Police Association v. Civil Service Board, 24 292 Or. 433, 440, 639 P.2d 619 (1982) . (Any city ordinance, 25 rule, or regulation in conflict with the provision of its 26 charter is void) . j y Page 5 - PETITIONER' S MEMORAMUI4 OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAW EXHIB�C�lIB1� 851 SW SIXTH. SUITE 1500 IT PORTLAND. OREGON 97204 PAGE .`� (503) 224.6440 4 E, I The rationale for TMC 13.04.080 is obvious. In a 2 situation where a contract will be let the cost of the project i ultimate bid accepted. Any levying of 3 is dependent. upon the 4 assessment prior to the signing of the contract would result 5 in a purely arbitrary analysis of the cost. This 6 interpretation is supported by ORS 223 .389 which directs that 7 estimated costs be ascertained on the basis of the contract 8 award or city departmental costs, or after the work is done 9 and the cost thereof has been actually determined. 10 Since the city failed to follow the mandate of 11 TMC 13.04.080, its assessment should be voided. 12 2. Property included within the boundaries of 13 L. I .D. No. 40 and initial assessment was arbitrarily removed. I 14 Property Pro ert owned by John Alexander, Louise Hedgepeth- s initially 15 Stewart, Judith Probstfield and Lucille Vassey was 16 included within L. I .D. No. 40 and assessed a total of t 17 $88,621.00. Rec. at 100. On March 26, 1984 the city removed 18 the Alexander, Vassey, Hedgepeth properties and all but 10,000 19 square feet of the Probstfield property from L. I .D. No. 40 and 20 the assessment roles. The rationale given being the property 21 was already developed. Rec. at 88. That removal is not 22 supported by the evidence in the record, and is contrary to 23 law pertaining to assessments. The recent case of Kerr v. 24 Hallett, 67 Or. App. 324, 677 P.2d 1098 (1984) , rev. den. 297 25 Or. 272 (1984) involved a determination by the court as to 26 whether property was "benefitted" by the improvement. The Page 6 - PETITIONER' S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAMP ��•H'���� 851 SW SIXTH. SUITE 1500 PORTLAND. OREGON 97204 PAGE fO 15031 224.6440 I court concluded that the "special and peculiar benefits" 2 associated with a local improvement district are those that 3 accrue to the real property, not to its current owner. The 4 present use of the property is not determinative and the test If 5 is. 6 "Would the value be enhanced if the { property were put to its highest and best 7 use?" I 8 Kerr at 329 citing Stanley v. City of Salem, 247 Or. 60, 66, i 9 427 P.2d 406 (1967) . I 10 In Kerr, the subject property consisted of s 14,000 r 11 square foot retangular residential lot. The area was zoned to I r ` 12 permit multi-family dwelling units. The court concluded that i es can be expected to be torn down and 13 single-family residenc 1 � 14 replaced by multi-famly dwellings and that petitioner' s lot 15 might be consolidated with a neighbors into a larger tract. i �V t 16 Kerr at 330. k 17 In the present matter, in Ordinance No. 84-17, 18 Section 5, Rec. at 78, the city states: i 19 Benefit for the purposesof L. I .D. No. 40 ` is hereby determined- '* to be derived ° 20 according a [sic] property' s ability to develop as set forth in the Comprehensive 21 Plan for the City of Tigard. Four properties in part or whole as provided 22 below are excepted from the district and they are the Alexander (Tax Map No. 1S1 23 36 CD Lot #1800 and 1900) , the g Hedgepeth/Stewart property (Tax Map 24 No. 1S1 36 DC Lot #4402) and the Vasey property (Tax Map No. 2S1 1AA Lot 2800) 25 which are substantially developed and therefore receive no benefit, also the C 26 Probstfield property (Tax Map page 7 - PETITIONER'S MEMORANDUM OF LAW OUNN. CARNEY. ALLEN. HlGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAW EXHIBIT '-1 851 SW SIXTH. SUITE 1500 PORTLAND. OREGON 97204 ��jj (503) 224.6440 PAGE_ - 1 No. 1S1 36 CD Lot #1700) EXCEPT the southerly 10,000 square feet which is 2 substantially developed and therefore receives no ,benefit. " I 3 A review of the City' s comprehensive plan, and plan 4 map indicates the entire area included within L. I .D. No. 40 is 5 zoned commercial. The record indicates the Hedgepeth/Stewart 6 property and Vasey properties are currently developed as 7 residences. Rec. at 86, 115. The Hedgepeth/Stewart property 8 is included within an area zoned C-G. This zoning requires no 9 1 minimum lot size and makes no allowance for residential 10 construction. Volume 3, Tigard Comprehensive Plan Development 11 Code Section 18.62. The Vasey property is located within an 12 area zoned C-P. This zoning makes allowance for multiple I 13 family residential units as a mixed use, only above the second 14 floor of the structure. Section 18.64.030. The facts in the 1 15 present instance are clearly in accord with the facts in Kerr. 16 Rationale for not limiting a determination of 17 benefit to present use is set forth in Western Amusement Iv. 18 Springfield, 274 Or. 37, 44-45, 545 P.2d 592 (1976) . Present 19 use is not controlling because 'the assessment must be made 20 when the improvement is constructed and if benefit had to be 21 r determined by the present use, an owner could change the use x 22 after the assessment was made and receive full benefit of the 23 improvement without any payment. Western at 45. Cf, Dames v. . 24 City Council of Forest Grove, 60 Or. App. 19, 652 P.2d 839 25 (1982) rev. den. , 294 Or. 391. Benefits are special which add 26 Pages - PETITIONER'S MEMORANDUM OF LAW FOR WRIT OF REVIEW DUNN. CARNEY. ALLEN. HIGGINS 8c TONGUE EXHIBIT � ATTO SIXTH. AT CAW i �g51 S W SIXTH. SUITE 1500 � PAGE �EC PORTLANO. OREGON 97204 f503f 224.6440 I anything to the convenience, assessability and use of the 2 property as distinguished from benefits arising incidentally 3 out of the improvement and enjoyment by the public generally. 4 Chrysler Corporation v. City of Beaverton, 25 Or. App. 361, v. 549 P.2d 678 (1976) citing State Highway Commission 5 367, — t j 6 Bailey, 212 Or. 261, 319 P.2d 906 (1957) . 7 The fact that a street abuts property increases the 8 possibility that the street will benefit the property in the 9 future. There is a presumption of benefit to all property 10 abutting on a street to be improved. Western at 46. See also' 11 Wing M. City of Eugene, 249 Or. 367, 379, 437 P.2d 836 (1968) 12 (in determining whether a property is benefitted the city is 13 not to look at present use, alone) ; Stanley v. City of Salem, 14 247 Or. 60, 66, 427 P.2d 406 (1967) (in determining whether an t 15 enhancement of value has occurred the inquiry cannot be sm 1 ON 16 restricted to the present use, test must be, would the value 17 be enhanced if the property were put to its highest and best 18 use) . F 19 The rule with respect .to assessment was established 20 early: 21 If there be property within the assessment } district which has been benefitted by the . 22 local improvement, and willfully, arbitrarily and intentionally admitted 5 23 therefrom, such assessment would be void. 24 Master v. City of Portland, 24 Or. 161, 165, 33 P. 540 (1983) . 25 The City' s removal of the Alexander, j 26 Hedgepeth/Stewart, Probstfield and Vasey properties from Page - PETITIONER'S MEMORANDUM OF LAW FOR WRIT OF REVIEW OUNN. CARNEY. ALLEN. HIGGINS & TONGUE EXHIBIT � ATTORNEYS AT LAW ~1� 851 S W SIXTH. SUITE 1500 i ��^VGc PORTLAND. OREGON 97204 2 95031 224.6440 i I L. I .D. No. 40 was arbitrary and not based upon the law or the 1 2 City' s own criteria for determining benefit as set forth by 3 ordinance. The assessment should be voided. 4 3. The City of Tigard arbitrarily assessed the 1 $ total cost of the project against property owners. 6 TMC 13.04.080 directs the City make assessments 7 based upon the "special and peculiar benefits derived by each 8 lot, part of lot and parcel of land." The record indicates 9 that it was the City' s intention to make its assessment based I 10 upon the total cost of the project rather than the "special 11 and peculiar benefits derived" by each property. The i the Cit of Tigard, 12 engineer' s report, Rec. at 122, adopted by Y 13 Rec. at 144, includes on page 3 of the report a discussion of 14 assessment rates and concludes, "these assessment rates are ref � ]$ approximate. The actual assessment will be based upon the 16 final project costs and actual assessed areas. " I17 Resolution No. 84-14, Rec. at 117, includes, "the 18 total estimated cost of $1,995,700 for said improvements shall 19 be assessed in full, on a zone basis, against all lands within j 20 said improvement district. " i 21 Ordinance No. 84-17, Rec. at 77, includes in section j 22 S pertaining to assessments the statement, "the estimated cost 23 is $1,995,700 for the improvements. including land acquisition 24 costs, the assessible costs are estimated to be $1,995,700 25 which shall be assessed in full . " Rec. at 78. 26 Page 10 - PETITIONER'S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAW ����q. 851 SW SIXTH SUITE 1500 EXHIBIT! PORTLANO.OREGON 97204 PAGE io (5031224.6440 ` 1 The arbitrary nature of the assessment scheme 2 becomes apparent when development of the assessment role is 3 examined. The initial assessment roll, Rec. at 100, includes 4 a consolidated assessment roll, Table B. Column 11 represents r 5 the assessment, based upon the engineer' s report adopted by I 6 the City, to be made against each property owner. The total I ' 7 of Column 11 corresponds to the total estimated project cost $ of $1,995,700. 9 On March 26, 1984, all or portions of four 10 properties were excepted from L. I .D. No. 40 on the basis that' 11 they were substantially developed and therefore received no 12 benefit, Rec. at 78. The amount of assessment associated with i I 13 these four properties, the Alexander property, I 14 Hedgepeth/Stewart property, Vasey, and Probstfield property 15 totalled $88, 621.00, Rec. at 100, and was promptly assessed t ' 16 against the remaining property owners. Rec. at 61. 17 The final assessment role adopted by the City of / r 1$ Tigard, Rec. at 61, continues to total $1,995,700; the k 19 identical amount generated by ,the initial assessment roll. t F 20 The city simply increased the assessments levied against the 21 remaining property owners in an amount which would total the z 22 total estimated project cost. 23 In the case of Reiff v. Portland, 71 Or. 421, 432, } 24 141 P. 167 (1914) the City' s duty with respect to assessments 25 26 Page 11 - PETITIONER' S MEMORANDUM OF LAW j FOR WRIT OF REVIEW DUN N. CARNEY. ALLEN. HIGGINS & TONGUE ` ATTORNEYS AT LAY/ t EXHIBIT 1351 SW SIXTH. SUITE 1 500 PORTLAND. OREGON 97204 PAGE la= (5031224.6440 I is set forth: 2 In assessing or reassessing the expenses of street improvements, the officer 3 charged with that duty is required to act in good faith. It is his duty to estimate 4 in good faith, and as accurately as he can, the amount that each parcel of land 5 subject to assessment will be specially and peculiarly benefited by the b improvement, and in no instance to assess upon a piece of property an amount in 7 excess of such special and peculiar benefit. He has no right to sit down and 8 figure what the improvement in front of the property has cost, or will cost, and 9 impose that amount upon the property, unless the property has been, or will be, 10 benefitted to that extent by the improvement. 11 The only basis upon which any devised method of 12 assessment can be sustained is that it is reasonably 13 calculated to the promotion of a substantial proportional 14 distribution of the burden according to benefits. King v. � 1s Portland, 38 Or. 402, 422, 53 P.2d (1900) . 16 The record clearly indicates that assessments were 17 based solely upon the total costs of the project and not upon 18 the special and peculiar benefits to each property. The 19 assessments were arbitrary and sliou"ld be voided. 20 4. The assessment formula adopted by the City of 21 Tigard was based upon mistake. 22 ' The formula assumes petitioners will sell certain_ 23 land on the north side of the proposed street and otherwise 24 make available certain properties with respect to L. I .D. No. 25 { 25 Page 12 - PETITIONER' S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAW EXHIBIT � 651 S W SIXTH. SUITE 1 500 �l��GJ� PORTLAND. OREGON 97204 L 15031 224.6440 1 40 without requiring condemnation. Rec. at 126. This mistake 2 in fact was brought to the council' s attention. Rec. at 48. j 3 The final assessment roll adopted by the city I 4 includes the net assessment to property owners under Column 5 15. Net assessment to Martin property is misleading. 6 Analysis reveals that the Martin' s net assessment is offset 7 for credit under the theory that the Martins would sell two 8 wedges of property north of the Dartmouth extension to the 9 City of Tigard at approximately $6.00 per square foot. The 10 City of Tigard in turn would resell the property to Homer G.• 11 Williams at approximately $3.00 per square foot. Under the 12 city' s plan Martins would be required to pay capital gains tax ` 13 upon sale, due to the fact that the city' s plan does not 14 include threat of condemnation. Thus, the amount credited, 15 even if there were a sale, is not accurate. Additionally, 16 upon analysis of the assessment role, the Martins are required I17 to absorb the value of assessment against the wedges 18 incorporated in the city' s resale plan and then additionally, 19 absorb a prorata share of the difference in purchase price 20 between the Martins sale to the city and the city' s resale 21 price to Homer G. Williams. 22 The record reveals no agreement between any of the 23 parties included in the city' s plan and thus no justification 24 existed for an assessment formula including that plan. 25 The assessment formula includes cost of construction 26 between 68th and 69th Street. Engineer' s report, Rec. at 123, Page 13 - PETITIONER'S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAN EXHIBIT 831 S W SIXTH. SUITE 1 500 PORTLANO. OREGON 91204 PAGE lu_ 15037 224-6440 I adopted by the City Council, Rec. at 77, 106, 107, 144. The 2 record clearly indicates that that portion existing between 3 68th and 69th Streets would be constructed by the State of 4 Oregon at no cost to the city. Rec. at 85, 148, 151, 158, 5 176. Thus, inclusion of that area between 68th and 69th 6 Street in L. I.D. No. 40 as a basis for assessment was at least i i 7 a mistake. Clearly, assessments must bear some relation to 8 the cost of the project. TMC 13.04.080 (the city council 9 shall determine whether the property benefitted shall bear all i 10 or a portion of the costs . . . and assess the cost of making 11 such improvement in accordance with the special and 12 peculiar benefits derived by each lot, etc. ) ; ORS 223 .389 f13 (assessment to be made after the estimated cost is ascertained 14 on the basis of the contract award or city departmental cost i 15 or after the work is done and the cost has been determined) . KOM 16 S. The City of Tigard has rendered a decision that 17 is unconstitutional. The project cost in assessment formula / f= 18 adopted by the City includes as part of the City' s assessment, b 19 the cost of condemnation of petitioner' s property against x, 20 petitioner' s remaining property. This fact constitutes a z fi 21 taking of petitioner' s property without just compensation in t 22 violation of Oregon Constitution Article I, Section 18. While 23 the cost of condemnation of petitioner' s property may be z 24 assessed against remaining property owners within the s 25 district, an assessment of the cost of condemnation of r 26 petitioner' s property against petitioner' s remaining property r Page 14 - PETITIONER'S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAW f. Ev[ft�`� 051 SW. SIXTH- SUITE 1 500 J HI 1 .(� PORTLAND.OREGON 97204 PAGE r (503) 224.SAAO ' I is in violation of the law. While no Oregon case has dealt 2 directly with this issue, the case of Anderson v. City !Lf- 3 f3 North Miami, 99 S.2d 861 (Fla. 1958) (cited by Oregon courts 4 for authority in a related issue, Stanley v. City of Salem, 5 247 Or. 60, 66, 427 P.2d 406 (1967) ) is on point. 6 In Anderson the City had acquired right-of-way over 7 property and had assessed the cost of right-of-way, to include i 8 acquisition costs, against a property owner' s remaining 9 property. The court held that the cost of acquiring property 10 by eminent domain cannot be assessed back against the owner' s' 11 remaining property, at least in the absence of specific 12 statutory authority, which was lacking in the Anderson case I13 and is lacking in the present instance. Anderson 864-865. 14 The proper interpretation of TMC 13.04.080 is that while it 15 may be proper to assess the cost of right-of-way and expenses � r, 16 of condemning land against other property owners within the 17 local : nprovement district, to assess the cost of condemning a 18 particular property owner' s property against that property 19 owner' s remaining property would amount to a taking of 20 property without compensation. See, State Highway Comm. v. 21 Hooner, - 259 Or. 555, 560, 488 P.2d 421 (1971) (special j 22 benefits to the remainder land may be used only to reduce the 23 damages to the remainder land and not to reduce the fair 24 market value of land taken) . 25 26 Page 15 - PETITIONER' S MEMOR)MUM OF LAW FOR WRIT OF REVIEW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE ATTOIINEVS AT LAW EXHIBIT -7- "j 651 S W. SIXTH. SUITE 1500 EXH - PORTLAND. OREGON 97204 PAGE1, 15031224.6440 j 1L77 i 1 6. Included in the costs assessed for L. I .D. No. 40 are 2 items included contrary to TMC 13.04.080. ! 3 The following paragraph is descriptive of those 4 items which may be added to the contract price: 5 In any event whether there be a contract price arising from a bona fide contract or 6 whether the estimate of the city engineer be used as hereinabove provided, there 7 shall be added to said contract price the cost of right-of-way and expenses of 8 condemning the land, all costs of engineering, superintendents, advertising 9 and legal expenses and also any and all other necessary and proper expenses 10 incurred which additional amounts shall be and do become a part of the amounts to be 11 assessed against each lot, part of lot and parcel of land benefited by the 12 improvement. 13 The key language included in TMC 13.04.080 is that all costs 14 of engineering, superintendents, advertising and legal 15 expenses may be added and also any and all necessary and 16 proper expenses incurred may be added (emphasis added) . The i17 following items, listed in the engineer' s report, Rec. at 124, 18 do not fail within that specific definition: i9 Descrintion Amount 20 Move-in and Insurance $ 15,000.00 Traffic Signal Improvements 50,000.00 21 Construction Contingency, 5% 47, 600.00 Technical Services, 15% 149,900.00 22 Administrative Services, 5% 50,000.00 23 Only the actual costs of engineering, superinten- 24 dents, advertising and legal expenses are allowable under TMC 25 33.04.080. The construction contingency, technical servicess, { 26 and administrative services costs are clearly not actual costs Page 16 - PETITIONER'S MEMORANDUM OF LAW FOR WRIT OF REVIEW DUN N. CARNEY. ALLEN. HIGGINS & TONGUE �/ uu QBQ,a � •� ArroaN[rs AT Www EXHIBIT 651 S W SIXTH. SUITE 1 500 PORTLAND.OREGON 97204 PAGE 15031 224.6440 I since they are based upon percentages of the entire project 2 total and therefore bear no relationship to the actual costs 3 of each item. In addition, move-in and insurance and traffic 4 signal improvements are not specified in the definition of 5 costs allowable within TMC 13.04.080. 6 The authority to impose an assessment must be I 7 apparent in the City Charter or Ordinance under which the 8 improvement is made. Giles v. Roseburg, 82 Or. 67, 69, 160 P. 9 543 (1916) . I10 In the case of Irelan v. Portland, 91 Or. 471, 11 478-479, 179 P. 286 (1919) a city charter provided that a sum 12 not to exceed 5% of the contract price as the cost of 1 13 advertising, engineering, and superintendents, could be added 14 to the improvement cost. The court held only the actual costs 15 for the engineering, etc. , not exceeding the limit named, 16 could be deemed a part of the cost of the improvement. The 17 city had no authority under the charter to add to the contract 1 18 price more than the actual cost of the engineering, 19 advertising and superintendents. Irelan, 482-483. 20 Since the City did not follow TMC 13.04.080, the 21 as3essment should be voided. 22 7. The City failed to make findings with respect 23 to petitioner' s objections to the proposed assessment formula 24 prior to its adoption of the assessment formula. 25 On or about April 23, 1984, petitioners filed 26 written objections to the proposed assessments as required by Page17 - PETITIONER'S MEMORANDUM OF LAW FOR WRIT OF REVIEW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE EXHIBEXHIBIT � � ATTORMEYS AT LAW IT e B3 t 5 w SIXTH. SUITE 1500 i / PORTLAND. OREGON 97204 PAGE i 9503) 224.6440 .vMillman 1 the city. Rec. at 52, 45-49. Additionally, oral objections 2 were raised on behalf of petitioners at the pre-assessment 3 hearing of April 23, 1984, Rec. 33-35. These objections 4 involved both issues of fact and issues of law. 5 Objections of fact raised on behalf of respondent by 6 civil engineer Gary M. Buford, Rec. 50-58 included allegations 7 that there were not adequate plans available pertaining to the 8 proposed project, Rec. at 50. This allegation has proved 9 true. i 10 Objections were raised concerning assessments for 11 sewer service based upon the fact that the respondents 12 property was located on the downhill side of the proposed 13 project, Rec. at 51. 14 Objections were raised concerning the impact on 15 traffic of the proposed project, record at 52. These 16 objections and others raised by Mr. Buford were not adequately 17 addressed and determined by the City. Record 53-58. See 18 pre-assessment hearing record April 23, 1984. Record 31-44. 19 Additionally, respondents, through their attorneys, 20 both orally and in writing raised legal and factual objections 21 prior to and during the pre-assessment hearing. Legal 22 objections included allegations that the adoption- of an 23 assessment formula was premature, Rec. at 45; removal of 24 property owners from assessment was arbitrary, Rec. at 47; 25 property owners should not be assessed the total cost of the 26 project, Rec. at 47; assessment against petitioners for Page 18 - PETITIONER' S MEMORANDUM OF LAW DU NN.WRIT OF REVIEW NN. CARNEY. ALLEN.NS 8c TONGUE EXHIBIT ATTONE� AT W I LA 851 5 W SIXTH.. SUITE 1500 PORTLAND.OREGON 97204 PAGE 18 45031 224.6440 I property acquired from petitioners through condemnation is 2 contrary to the law, Rec. at 49. 3 Factual objections included allegations that the 4 assessment role was based upon inaccurate assumptions, Rec. at 5 48, and that the assessment role for petitioners was not based 6 upon t-he benefit to be received by petitioner' s property, Rec. 7 at 48. 8 In the case of Hughes v. City of Portland, 53 Or. 9 370, 100 P. 942 (1909) a preliminary re-assessment was i 10 objected to by petitioners for a writ of review. Objections 11 were referred to a city committee and without otherwise 12 disposing of the objections, the council passed an ordinance I13 making a re-assessment for street improvements. Hughes at 14 379. Speaking of the city' s duties applicable to objections r 15 to re-assessment, and by analogy to objections to assessment, I 1 16 the court concluded that objections made by property owners 17 must be both heard and determined. Hughes at 384. 18 In a preceeding for writ of review, when the record 19 is silent, no presumption attaches that the objections of 20 property owners were considered by the council and found 21 without merit, when the city subsequently passes the 22 assessment ordinance. The record must affirmatively show that 23 objections are considered and passed upon by the counsel. 24 Hughes 384-385. If the objections are an issue of law, then 25 the minutes must at least show that the objections have been 26 overruled. If an issue of fact, there should be a finding of saw Page 19 - PETITIONER'S MEMORANDUM OF LAW DUNK. cARNEY. ALLEN. HIGGINs & TONGUE FOR WRIT OF REVIEW ATTORNEYS AT LAW ���`�!� 1 851 SW SIXTH. SUITE 1 500 Q PORTLAND, OREGON 97204 PAGE f J (503) 224.6440 i I the council thereon, either in the record or ordinance. If 2 the objections involve questions of fact, they cannot be 3 summarily disposed of by a general order overruling them. 4 Hughes 389-390. See also, Irelan v_. Portland 91 Or. 471, 481, I 5 179 P. 286 (1919) (it should appear in the record that the 6 council determined any issue raised by the objections of 7 property owners. If an issue be one of law the minutes must $ show that it has been overruled. If an issue of fact, there 9 should be a finding of the council thereon either in the 10 record or ordinance) ; Hiransomboom V. City of Tigard,3S Or. I 11 App. 595, 601, 582 P.2d 34 (1978) (there must be findings with 12 respect to an assessment and if so, substantial evidence to 13 support such findings) . 14 The record clearly indicates that no findings were 15 made with respect to objections of fact or of law raised by 16 petitioners. The city' s duty includes not only hearing the I17 objections but an investigation and determination with respect 18 to the objections raised. I 19 The right of the property owner to make objections to a proposed assessment 20 against his property and have such objections heard and determined by the 21 council is a substantial right. Indeed, it may be all the protection he has i 22 against a wrongful or unjust assessment, and therefore he is entitled to have his 23 objections, if in proper form, heard and disposed of in an orderly way. The extra- 24 ordinary power conferred by the charter upon the council in assessing or 25 reassessing property for a public improve- ment, and the great liability to abuse and tt 26 consequent injury, demands that the Page20 - PETITIONER'S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE ; FOR WRIT OF REVIEW +/f 1 ATTORNEYS AT LAN EXHIBIT �^- 851 S w SIXTH. SUITE 1 500 PORTLAND. OREGON 97204 PAGE ; 15031 224.6440 � a ( I requirement of the law in all its parts, affecting the rights of the interested 2 property owners, shall be complied with, and that the proceedings shall show upon 3 their face that the council has considered and passed upon all questions made 4 necessary by the charter, and the result I at which they have arrived. That which 1 5 the law regards as the substance of the proceeding cannot be regarded as g I 6 immaterial; nor can presumption supply its place. Hughes v. City of Portland at 390. The City did not comply with the law requiring findings therefore the assessment should be void. 9 . I DUNN, CARNEY, ALLEN 10 HIGGINS & TONGUE 11 C 12 By: Gary L�yler I 13 OSS No. 83098 Of Attorneys -for etitioners 14 15 16 1 17 18 19 . 20 21 22 23 24 25 26 Page 21 - PETITIONER'S MEMORANDUM OF LAW DUNN. CARNEY. ALLEN. HIGGINS & TONGUE FOR WRIT OF REVIEW •TTOP14EYS AT LAW L�"�' �Y 991 S W SIXTH. SUITE 1500 PA" 11 i1. PORTLAND. OREGON 47204 PA"QE - 15031 224.6440 MIMI kum IBM 0111111 WAN O'OOMMELL, RAmes, ELLIOTT 8c CREW 1 MARK® OMONNELL ATTORNEYS AT LAW woo.cop Tsc I TIMOTHY V.RAMS 181 N.GwANT.Sv Tt 202 KENNETH M*ELLIOTT BALLOW&WRIGHT BUILDING ower,OREGON 97013 sm STEPHEN•F.CREW 1727 N.W.No"STACCT 15031 ZOO-1149 CHARLES E.CORRIGAN• PORTLAND.OREGON 97209 NNETH K FOX 15031222-4402 ACMM706TAiTIV9 A24MTAI,T I i:FF BACHRACH MARGARET C.NANO STEPHANT WATSON ,ti`ASC AMY TO P,T1,.,Np p„M SHARON L WILLIAMS MIICHAEL REDDEN or coubmCI •ALTO AD...TTCO TO V*ACT= a STATC Cr Vs SW..OTC.. 1 September 4, 1987 Mr. Charles D. Ruttan Attorney at Law 1500 Pacific First Federal Bldg. 851 S.W. Sixth Avenue Portland, OR 97204 Re: Dartmouth LID Dear Mr. Ruttan. On August 31, 1987, I discussed with your associate, Douglas Van Dyk, your clients' response to the question posed by Tim Ramis at the City Council meeting on August 10, 1987, regarding access across those parcels to .the north of the proposed alignment of Dartmouth Street. This letter 3s to confirm Mr. Van Dyk's response that the Martins are of no mind to make any agreement that they would allow access across the subject property should that property remain in the Martins' ownership. If I have misinterpreted Mr. Van Dyk's explanation of your clients' position, please notify me immediately. On a related note, you have solicited inquiries from the City Council regarding the written information submitted at the Augy�st 10th hearing. A question that has been raised relates to the 11 "Legal Problem" described at Paragraph D, page 23 of Volume I of your "Traffic Concerns and Related Issues, " i.e. : "In error, four properties have been removed from thQ= proposed assessment role on a challenged finding of 'no benefit. "' Please supply the specific Information and analysis underlying this statement. That is,. please name or describe the four properties referred to and detail the basis of your objection to their removal from the proposed assessment role. PAIGE �- Mr. Charles D. Ruttan September 4, 1987 Page Two r 4 Any other Council inquiries will be relayed promptly after September 14th, at which time the Council will meet in executive session to discuss this matter. i Very truly yours, O8NNELL, RAMIS, ELLIOTT & CREW a les E. orriga CEC:dd ' cc: Mr. Bob Jean, 1gard City Administrator I t 1 � E 1 I EXHIBIT PAGE In • 1 DUNN. CARNEY, ALLEN, HIGGINS & TONGUE J[NNW99%L.►ALMOUIST' ROOSwT R.CAMNCV ATTORNEYS AT LAW W.RANDOLPH IAPAA" pOd[RY L ALI.LNJOHN C.CAHALAN JONK.L WaWma iil i.W.itRTH AVtNUQ.OUIT6 1600 wUfatLL R.RILriaNNY 1 T"061A6 N.TCNeut ►ACIFIC FIRST P[OLRAL iVILDINL7 Ht••9t*009 Q9OaQ9.L COOPCR.W TQL[COttR 160'1 3>(4-7a34 MARSHA MURRAY4-U60Y ,P.HA*Lsf 0,FurrAN PORTLAND, OREGON 97204 OONALO t-TaM►ucTON• y reaRr R.WtNtstRoOVOLAf V.VAN OYw wYl'H�/<TH$� - TELEPHONE(°3091 224-6440 SALLY w.LXISURt I. O/L.OQRT L►ARK[w.JR. SHANNON L iKOML• GI AN AT ILP. KZR CENTRAL OREGON OFFICE Jt/TIttY F.NU"%JAAN 706 N.W.WALL fTRttT.OU1Tt 103 JONATHAN A.i[NNtTT j AOOtwT L.NAs".. 9 #A4009W a CRAIG SENO.OREGON 97701 . . SRADL&V 0.BAR;w TELEPHONE/3031 982-9241 JACK O.NWrMAN WILLIAM N. ft"I ON t t osT•1 sial WNC44ACLJ.FRANCIS RALPH R.OAIL.[Y /I soa•1 sT41 1 September 10, 1987 -- •AOHITT[O IN OR[OON JACR N.OUNIC AND WASHINOTON JAM"0.SMITH •'096101ENT PARTHIM NATHAN L.CONQN S[NO OFFICt f OP COUNftL Mr. Charles E. Corrigan O'Donnell, Ramis, et al. Attorneys at Law S 1727 N. W. Hoyt Street f Portland, Oregon 97209 RE: Dartmouth LID I Letter of September 4, 1987 Dear Chuck: If the City of Tigard decides to proceed with the ` Dartmouth LID without South Access to Highway 217, and does not condemn the subject parcel and transfer it to Homer G. Williams then the question is whether the Martins will agree to allow unlimited access across their land. Under such circumstances, and without further information, the Martins believe that they will be able to f develop their land (approximately 25,600 sq. ft. ) for commer- cial uses, such as a drive-through bank. Such development would probably be significantly hindered if access across the 1 parcel was granted properties to the north. The Martins recognize, however, that circumstances could conceivably— exist onceivablyexist that would allow them to Cully develop their property and allow some type of access fdi' properties to the .north; ' I however, there have never been discussions on this issue. With respect to the second paragraph of your letter, please refer to Volume II , Exhibit 58, at pages 9-12 for an explanation of the Martins' position regarding the four properties improperly removed from the assessment rolls. ruly u /Charles D. Ruttan CDR:DVD0908-2:dr `► cc: Mr. Gordon R. Martin Mr. Gordon S. Martin Mr. Douglas V. Van Dyk EXMlEj9T 3 , PAGE � r I . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 DATE SUBMITTED: _September 2, 1987 ISSUE/AGENDA TITLE: PREVIOUS ACTION: N/A KEYS TO THE CITY _ PREPARED BY: Donna Corbet DEPT HEAD OKt i CITY ADMIN OK_Ma REQUESTED BY: Mayor & City Council _ POLICY ISSUE "Keys to the City" are presented to Citizens who have served on a Board or Committee in recognition of their service. INFORMATION SUMMARY The following persons are being recognized for their service on a Board or Committee: John Sedey, Chairman Neighborhood Watch Committee Thomas Blair Neighborhood Watch Committee Pat. Sharp Neighborhood Watch Committee. ALTERNATIVE", CONSIDE_R[D N/A FISCAL IMPACT SUGGESTED ACTION Presentation of "Keys" by Mayor dc:0758D CITY OF TIGARD, OREGON RESOLUTION NO. A RESOLUTION OF THE TIGARD CITYESCOCILOLUTION NOSB8ND2NG THE NEIGHBORHOOD WATCH ADVISORY COMMITTEE AND REPEALING R WHEREAS, the Neighborhood Watch Advisory Committee was created in April, 1985 as an informal citizen vo1N iRhborhood Watchgroup tProgram; and ing the rd Police Department in the implementation of a worked successfully with the Police Department in WHEREAS, the Committee has implementing this program to reduce crime in the community to the great benefit of the citizens of Tigard; and gram has becom WHEREAS, the management f theg PoliTiardce Department hasWatcheighborhood nowroemployed staff a to full-time task for continue to implement and manage the Neighborhood Watch Program; an uncil wishes t WHEREAS, the Tigard City Corg eciation for the volunteer disband the Neighborhood Watch Committee and to express their sincere app spent by the Committee in implementing this successful program. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 85-27 and all other previous related actions are hereby repealed and noslongerexistasaac committees of the hereby theCity disbanded and shall g of Tigard. RM cm SECTION 2: The City Council wishes to express its sincere appreciation to each member of the Neighborhood Watch Committee for their and diservice to the countless o°u unselfish citizeof Tigard inthe task of implementingatrong Neighborhood Watch Pr/o�gram. 'r day of �¢t =ns 1987. PASSED: Thisy r Mayor - City of Tigard ATTEST: itv Recorder - City of Tigard lw/4751A RESOLUTION NO. 87- / CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 3.987 DATE SUBMITTED: September 8, 1987 ISSUE/AGENDA TITLE: Street Vacation PREVIOUS ACTION: Continued Public Public Hearing — Portion of SW 76th Hearing from 7/27/87 to 9/14/87 Avenue PREPARED BY: Dev. Services r DEPT HEAD OK ' CITY ADMIN OIC REQUESTED BY: OR—AK Corporation OLICY ISSUE Council—initiated street vacation request; consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY During the July 27, 1987 public hearing Council arid area residents raised several concerns relative to the proposed vacation of a portion of SW 76th Avenue. Council directed staff to address those concerns for consideration on September 14, 1987. The attached "follow—up memo" to my original staff report attempts to address those concerns . ALTERNATIVES CONSIDERED 1 . Approve vacation request: as originally derscr•ibod in Ro:.011 + i-,n 87-84 (Exhibit "A") . 2. Approve vacation request with the amendment that excludes that portion of SW 76th Avenue which is adjacent to Gentler Woods subdivision (Exhibit; "B"). 3 . RequHst: staff to prepare resolution denying proposed vacation based on objections and rernunstr•ances receivod during t.ho public hearing. Thi-3 alternative would require the subdivision applicant to go back before the hearings Officer with a revised proposal. FISCAL IMPACT All foes and staff proc:assing time will be reimbursed by the applicant regardless of the final decision (approximately $350--$500). SUGGESTED ACTION Staff recommends Al.ternativo No. 2 with motion to approve the ordinance as presented. sb/0818D MEMORANDUM CITY OF TIGARD, OREGON l TO: Honorable Mayor and City Council September 8, 1987 FROM: Randy C.larno, Development Services Managei� SUDJFCT: Follow-up to Staff Report for Proposed Vacation of a Portion of SW 76th Avenue The purpose Of this memo i.s to address several concerns that both Council and area residents raised at the July 27, 1987 public hearing. Traffic Cavacity of SW 79th Avenue there was concern that; SW 79th Avenue may riot: bc• able to handle fill of the area traffic and that: tho !W 761h avenue connection between SW Bonita Road and SW Durham should be preserved. The Compr•rhent;ive Plan dosi.gnatea SW 79th Avenue as a minor collecttor•. Although current improvements on SW 79th Avenue have traffic capacity limitations, future standard improvements should be able to handle anticipated traffic.. volumes. Staff supports the current position of the Comprehensive Plan and feels preserving the SW 76th Avenue connection between SW Durham Road and SW Bonita Road to handle future traffic is unnecessary. In terms of land use, size, and length of street:, the area surrounding SW 79th Avenue could be compared to SW 135th Avenue between SW < 'tolls Ferry Road and the proposed Murray Boulevard extension. This portion of SW 135th Avonue was reclassified from major collector to minor- collector earlier• this year. Developer' s Responsibility With Respect to Public Improvements The proposed Par•Lr•idge Hills development is required to construct public street, drainage, rand sewer improvements and upgrade e..xisting improvements . In addition, the development will he extending these facilities to .its south and west boundaries which provides necessary access to adjoining properties. All of the above improvements are "conditions of approval." placed un the project by the Hearings Officer. The Improvement of SW 76th Avenue Through the Flood Plain Approximately 1,100 feet of the SW 76th Avenue right-of-way is within the flood plain. The improvement of this right-of-way to a minimum of local street standards would require tremendous amounts of filling, grading, vegetation removal, and at least one major realignment of Fanno Creek. All of this would be subject to receiving permits from the Corps of Engineers and the Division of State Lands (Fish and Wildlife) . Staff feels that the cost of this improvement may far outweigh the benefit and that a series of local street connections that utilizes portions of SW 76th Avenue and avoids the ® flood plain is more practical. s F, i. Impacts to Properties South of the Proposed Development and Future Vacations The preliminary plat of the Partridge Hills subdivision proposes to move the SW 76th Avenue right-of-way (to be called Gentle Woods Lane) approximately 70 feet east of its current location at the south boundary. The purpose of this was to tr•y and maximize the use of the property under the current zoning. The obvious impact of this realignment was to properties south of the development. Subject to a field survey locating the flood plain boundaries, the applicant demonstrated that this may enhance the development potential of the properties directly south. The Hearings Officer's approval of the project required the applicant to precisely locate the flood plain boundary south of the proposed development to assist with evaluating the impacts. Based upon this information the Community Development Director would access the impact to the adjacent property and require the applicant to move the right-of-way location one way or the other if necessary. This could include moving the right-of-way back to its original location at SW 76th Avenue. cs/0818D I t t D EXHIBIT "A" the southwest quarter of R That portion of SW 76th Avenue located in City of Section 12, Township 2 South, Range 1 West, Willamette Meridian, being described as follows: Tigard, Washington County, Oregon, s Beginning at the northeast corner of Tract "B". Gentle Woods, a recorded West, on the west Plat Records; thence South 000 12 plat, Washington County 1063.10 feet to line of SW 76th Avenue (being 40 feet in width), right-of-way ton County south line of lot 23, Durham Acres, a recorded plat, Washing the right-of-way 4 Plat Records; thence North 89° 56' East. 40.0 feet to the east rig � thence North 000 line of said SW 76th Avenue; 12' East, on said east l right-of-WaY line, 1063.10 feet to the north line of Lot 33, said Durham { 40.0 feet to 'the point 9° 56 of beginning, z Acres; thence South 8West, i containing 0.976 acres, approximately. PROFESSIONAL LAND SURVEYOR O REGO JANUAAV IS.My OIN T.FEIGION X2252 I p 1646W 4 17 1000 1 100 1200 1300 1400 ^ 100 N ^' C n /.77 AC. 3 .0 4 5 a 6 0 . "YO ss a'a. .1 A�`� 1500 TRACT 8�� 33 NT L E •% 7 /27 Ac. m ,a 2900 _ �y ► ., 200 g 2800 16 00 21 a R .56 Ac. D J OO 8 O � ••••;� 32Lt2 To strr I10 lQ.T7 JJs • �t �1,Js �J` s •:• •: 0 2700 'rJ 1700 N 9 b 300 1819 R•zo ;, �. . fir, '" /.43 Ac. ° o G, •►' 1800 ! /� 70 ♦9 10 ITA w •`� •f ^ems � +� L J,� ,�'' �:� � •f[ Oh V R.10 1904 14 102.41411 ,: )° SL: . ` ° - 16 2300 2000•• / 2100 �Q 15 13 « so 12 IAL 1141 116 TRACT%l° fLl. r{ t•'= 'p0 lo' LECaENi7 400 Sr2crr rn 26 JM C ::f:.f: _ .� � � �� � � .� 32._36_ — � • '1h 500 188 Ac. 24 Mul 11111 J N 76th AV STREET SURFACES IDi — i CURBED AND 1 PAVED !� ;u•: / �j%� PAVED tai r �, GRAVEL 400' — — �t'�1 t::: 100 YR FLOODPLAIN Xe { a ' S.W. GE/y %X.- . :;,•.:;:;' :'': :' > y .. • ..fes ti Sj,... •.:�:::::•.::::. t :�; �!Fi:�.:; :':ti•::�::tib:'tip:• � � SKABLE LN. v Gi a 4 P :=':•:::: 3 N L O JRCHILL '.•5=.... Q JNp tST. :- S a - •:::. '1JRHAV. ::::•::.. -AVENUE-- -- S.W: -.. _ CA w OAO 0 N ` — �y 2/2 e ne PANA � oaa �-•�.�-,7 nor N o wl w cn 7„ ww \ mow" -�• ~ ea• \aw goy N !v- A tT n � � •—'=� � s n n b r rt r r y �. ur co, l.ca :� m co J a •o ffii / —_ wOe w � '{ 6r r / a � so - oNorth property LIIN Nva I f \ :C • ^ w t r ^ems - : _••gipp � , �,�= � - � � ' I� �i.`.sr ago •'� t i A of41 `r^v*.�- ' f • 7 w ^Fio �'�e D � { • n= rr :i Eaob: P" e ' i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 DATE SUBMITTED: September 2, 1987 ISSUE/AGENDA TITLE: S.W. 135th _ PREVIOUS ACTION: Public Hearing on Avenue L.I.D. August 31 1987 PREPARED BY: Randall R. Woole DEPT HEAD OK t-CITY ADMIN 0 REQUESTED BY: OLICY—I S Shall the SW 135th Avenue local Improvement District be formed? INFORMATION SUMMARY The proposed L..ID includes 436 parcels. At the public hearing on August 31, 1987, the Council received remonstrances from property owners representing 24 of the 436 parcels. The remonstrance r•epr,esents 5.5% of the LID parcels and 35.2% of the LID area. Two large par-cols are included in the remonstrance. The two large parcels (Benj Fran and Gr•abhor•n pr•oper•ties) comprise 33.4% of the LID area. Three of the pr•oper�tios ror)r•esvnU%d by remonstrances ary in subdivisions subject to recorded walvor-s of r•emonstr•ance. If t.hiase three parcels are deleted from the remonstrance calculations, then the total remonstr•an,7e is 34.9% of the LID area. ALTERNATIVES CONSIDERED 1. Adopt the attached or-dinance forming the LID. [NOTE: Exhibit B to the ordinance is the Addendum to the Pr•eliminar•y Engineering Report, which is the book the council received on August 31, 1987.] 2. Direct that the ordinance be amended. 3. Abandon the LID. FISCAL. IMPACT All costs will be paid by the LID. SUGGESTED ACTION Staff recommends adoption of the attached ordinance forming the LID. { br/0565D CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 _ DATE SUBMITTED: September 3 1967 — ISSUE/AGENDA TITLE: Easement PREVIOUS ACTION: Called for Public Hearing – Res. 87-111 on 8/3/87 Vacation Public Hearin – Bond _ l Park No. 3 PREPARED BY: Development Services OiWd RE UESTED BY: Waverly Construction DEPT HEAD OKE-CITY ADMIN 0 Q area residents POLICY ISSUE Council–initiated public utility easement vacation request; consistent with Council Policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On August 3, 1987 Council passed a resolution to call for a public hearing on a Council–initiated vacation request to be held at 7:30 PM on September 14, 1987. The vacation is being processed by the City at the request of Waverly Construction and area residents. Waverly Construction received a lot line from Council in May 1987. A condition of that approval adjustment approval was that the applicant complete vacation of certain public utility eascrments. Any objections or concerns filed by utility companies have been addressed in Commission is any conditions attached to the Ordinance. The Planning scheduled to consider this request on September 8, 1987 and staff will report on their recommendations at the hearing. The Department: of Community Development is recommending approval subject to Planning Commission review. Thr_ hearing was in The Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. ALTERNATIVES CONSIDERED 1. Approve vacation request as shown. 7. Approve vacation request with amendments, a staff to prepare resolution denying proposed vacation based on 3. Request s objections and remonstrances received during the public hearing. i FISCAL •IMPACT k N/A SUGGESTED ACTION Staff recommends Alternative No. 1 with motion to approve the Ordinance as 3 presented. i t, cs/0789D { CITY OF TIGARD, OREGON „ESOLUTION NO. 87— 1 / 1 A RESOLUTION CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENTS LOCATED WITHIN BOND PARK NO. 3, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (Waverly Construction ET AL) WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of public Utility easements. WHEREAS, this portion of land was previously dedicated for public utility purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and dee,ir•able to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of Lhe proceedings and that the benefiting property owners will pay all fees and charges as et out in TMC Chapter 15.08. (2) That a public hearing is hereby called to be held by the City Council on Monday, September 14, 1987, at 7:30 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and by heard for, or against the proposed vacating of said lands . (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in Lhe Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be August 13, 1987 and once each week thereafter for five publishings in all. The Recorder be, and she is hereby, further directed to caul, to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or- near each end of the area proposed to be vacated. (4) That the particular portion of dedicated public utility easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. PASSED: This _qday ofA 19 City of Tigard ATT .� Council President 1tep�n - r o,.J City Recorder, City of Tigard RESOLUTION NO. 87--J,/1_ Page 3 cs/0173D S "EXHIBIT A" A strip of land being located in the Southwest Quarter of Section 12, Township 2 South, Range 1 West, W.M. , City of Tigard, Washington County, Oregon, and being more particularly described as follows: The west 6 feet of lots 58 through 69, Bond Park No. 3, Washington County Plat Records. cs/0173D ! i e b c e r�� ) Z37- �� MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council September 3, 1987 14 FROM: Randy Clarno, Development Services Manage SUBJECT: Community Development Department Report for Proposed Vacation of Certain Public Utility Easements within Bond Park No. 3 BACKGROUND All public utility easements within the subdivision plat of Bond Park No. 3 wore dedicated for public use? with the recording of the plat in May 1985. Typically, 6 foot wide utility easements are dedicated along all front and rear lot lines within subdivision plats to facilitate power-, water-, gas, phone and other utilities. Such was the case with the plat of Bond Park No. 3 . I On November- 18, 1986 Waverly Construction submitted application to adjust lot lines on Lots 58 - 69 of Bond Park No. 3 and a larger tract of land to the west. Council reviewed and approved this land-ttse application on May 18, 1987 subject to spocific. conditions. Included was a condition to vacate the existing 6 foot wide public utility easement along the rear lines of the above mentioned lots. In addition, the applicant is required to re-dedicate a similar casement along the new -back line of the adjusted lots if deemed necessary by the Engineering Division. r FINDINGS Planning Commission The Planning Commission was unable to meet- in August and is therefore scheduled to consider this vacation request at their September 8, 1987 regular meeting. I will submit their recommendation at the public hearing on September 14, 1987. Traffic, Pedestrian and Bicycle Circulation Given the nature of the easement (public utilities), traffic, pedestrian and bicycle circulation are not impacted. Facilities related to those items have either been provided by the Bond Park d-velopments or will be provided by i future developments. s a C Fire and Police Services y i 9 Responses were received from both the Police Department and Fire District and , neither had concerns relative to service or response time. k f C Drainage and Sanitary Sewer Both drainage and sanitary sewer services in the area are either provided by the Bond Park developments or will be provided by future developments. This particular utility easement is not required to facilitate both current and future development. Other Utilities Responses were received from the following other utility providers and none had objection to the proposal. Willamette Cable General Telephone Company Northwest Natural Gas Portland General Electric Tigard Water District Transportation Plan and Capital Improvements Plan Given the nature of the easement, the Transportation Plan is not impacted. Future capital improvements have riot been identified for this area at this time. It is anticipated that future development- will provide necessary improvements in the area. RECOMMENDATION Staff recommends that the proposed vacation of certain public utility easements within the subdivision of Bond Park No. 3 be approved subject only to the necessary certification and recordation with Washington County. 0777D rr a� Pf- :h. I L+� f 'y' t rf. '� � ,• _ Cly I ��� I� 'r.7.,. ,a r: C��' ■■ a� III ��� ■ � ,� v INS is ■ ',_ - A L, 4a r Fe His i����l tI1t�1 �t ��tla�a ri It T 7+r..J i' _•<_? CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 14, 1987 DATE SUBMITTED: September 2, 1987 ISSUE/AGENDA TITLE: Parking PREVIOUS ACTION: Restrictions on Varns Street and Watkins Avenue PREPARED BY: Randall R. Wooley DEPT HEAD OK'. ITY ADMIN OK REQUESTED BY: OLTCY ISSUE Shall parking be prohibited on portions of Varns Street and Watkins Avenue. INFORMATION SUMMARY In response to citizen requests, we have prepared an ordinance to prohibit parking on portions or two streets . On Varns Street the ordinance would prohibit parking on the west approach to 72nd Avenue. Bocause the street is narrow, a parked vehicle does not leave sufficient: room for westbound vehicles to safely enter, Varns when eastbound vehicles on Varns are waiting for the traffic signal. Also, the traffic signal detection loops buried in the V,ar•nt; Street pavement do riot oper•at.r properly when vehicles are parked on or near the loops. Owners and residents of the two homes adjoining the area have been notified of the proposed parking restrictions. The only response received was in favor of the F)roposal. Watkins Avonuo at Pacific Highway is also a narrow street. If a vehicle is parked on Watkins near, P<.-4cific, the street is riot wide enough to allow a westbound vehicle to safely enter W_at:kins while an eastbound vehicle is waiting at the stop sign. The adjoining commercial properties have adequate off-street pcar•kirig. The Police Chief ha^, indicated support for- the proposed parking prohibitions. �._.___.___._._._..__.— _...__......__...._--_-................_..._._.. ALTERNATIVES CONSIDERED 1 . Approve the attached ordinance adopting the parking restrictions. 2. Continue to allow parking. FISCAL IMPACT Approximately $100 for signing. 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