Ordinance No. 69-58 CITY OF TIGARD, OREGON
ORDINANCE no. 69 <• •
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE
CITY COUNCIL OF JUNE 23, 1969 WITH RESPECT TO THE "S. W. CANTERBURY
LANE IMPROVEMENT DISTRICT", APPROVING, RATIFYING AND ADOPTING PLANS,
SPECIFICATIONS AND ESTIMATES I.OR REGRADING, WIDENING, PAVING, CURBING,
INSTALLATION OF SIDEWALKS, CONSTRUCTIONS OF STORM SEWERS, SANITARY
SEWERS AND INSTALLATION OF LIGHTING FACILITIES, DECLARING RSULTS
OF HEARING HELD WITH RESPECT THERETO, DIRECTING SOLICITATION OF BIDS
FOR CONSTRUCTION OF SAID IMPROVEMENTS, PROVIDING FOR THE MAKING OF
SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council of the City*of Tigard finds that a resolu-
tion was duly passed by the Council at its regular meet-
ing of June 23, 1969, a copy whereof is hereto attached and by this
reference made a part hereof to the same legal force and effect as
if set forth herein in full, by the terms of t:hich the boundaries of
a proposed street improvement assessment district were described and
t.c Council declared its intention to make the impoovements as therein
described; and by the terms of said resolution a hearing was duly called
to be held in the Tigard Community Center, 8845 S. W. Commercial, Tigard,
Oregon on July 14, 1969 at the hour of 8:00 p.m., for the purpose of
affording an opportunity to any parties aggrieved by the proposal to
make objections or remonstrances to the proposed improvement.
Section 2: The Council finds that pursuant to said resolution, due
-" and legal notice of said hearing was given by,publication
in the Tigard Times for three consecutive publishings on Rune 27,
July 3, and July 10, 1969 prior to said hearing.
Section 3: The Council further finds that said hearing was duly an
regularly called to order and held in the Tigard Community
Center, 8845 S. W. Commercial, Tigard, Oregon on July 14, 1969 at the
hour of S:00 p.m. whereat all interested persons appeared and were
heard, and all written remonstrances received by the City, Recorder up
to and at the time of the hearing were read and ordered to be made a
part of the record.
Section 4: The Council finds that all objections and remonstrances
as thus presented prior to and at the hearing, repre-
sent less than 66-2/3t of the owners of the property in the area
within the improvement assessment district and that the parcent,3e
of remonstrance is not a bar to further proceedings in the making of
said improvements; and the Council further finds that all proceedings
to date have been in conformity with Sections 223.387 and 223.389
Oregon Revised Statutes and Ordinance No. 62-6 of the City of Tigard,
and that all proceedings were duly and regularly conducted thereunder
and are hereby approved, ratified and confirmed.
Section 5: That said remonstrances and objections to the proposed
improvements be, and the same are hereb , overruled, and
the City Council be, and it is hereby, deemed to have acquired juris-
diction to order the proposed improvements to be made, and that the
Page' 1 ORDINANCE No. 69-hk4
boundaries as described in said Resolution of June 23, 1.69 and
as described on "Exhibit All hereto attached and by this reference
made a part hereof, are hereby adopted and fixed as the boundaries
of the said improvement assessment district to be benefited and
assessed.
Section 6: That the City Council, having acquired jurisdiction to
order the improvements to be made, does hereby authorize
and direct the regrading, widening, paving, curbing, installation of
sidewliks, construction of storm sewers, sanitary sewers, and instal-
lation of lighting facilities within the boundaries of said "S, W.
CANTERBURY LANE IMPROVEMENT DISTRICT" in conformity in all reasonable
particulars with the plans and specifications by said Resolution
adopted and hereby ratified and confirmed.
Section 7: That the City Administrator and the City Engineer be,
and they are hereby, directed to immediately invite pro-
posals for the construction of said improvements by publication in
the Tigard Times in not less than two consecutive issues. The first
publication to be not less than ten (10) days prior to A 4et�: �.,1969
at the hour of 8:00 p.m., ;which date and time is hereby designated
for the opening of bids in the Tigard Community Center, 8845 S. W.
Commercial St" et, Tigard, Oregon, all proposals to be then and there
publicly read.
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Section 8: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that the said
improvements be constructed with the least possible delay, an emer-
gency is hereby declared to exist and this ordinance shall be effective
upon its passage by the Council and signature by the Mayor.
PASSED; By the Council, by unanimous vote of all Council members
present, after being read three times by title and
number this /Y day of iul7 , 1969.
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Rec - City o gar_ __
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APPROVED: By the Mayor, this Iy day of <�li/� , 1969.
Mayor - City o Tigard
1 Page 2 - ORDINANCE No. 69-
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EXHIBIT "All
a
RESOLUTION OF THE CITY COUNCIL s
CITY OF TIGARD, OREGON
June 23, 1969
RESOLUTION 69-12 F
DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVE-
MENTS WITHIN AN AREA DETERMINED TO BE A STREET IM?ROVEMENT ASSESS-
MEW DISTRICT. TO BE KNOWN AS "S. W. CANTERBURY LANE IMPROVEMENT
DISTRICT"t DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING 'THE
BOUNDARIES OF THE DISTRICT 70 BE BENEFITED AND ASSESSED; DETERMINING
THE REASONABLE RELATIONSHIP B«TWEEN THE BENEFITS DERIVED BY THE �
PROPERTIES ESPECIALLY ASSESSED AND THE BENEFITS DERIVED BY THE CITY
AS A WHOLE; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE
WORK AND ESTIMATES OF THE CITY ENGINEER, AND SETTING PUBLIC HEARING
AND DIRECTING THE GIVING OF NOTICE THEREOF.
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WHEREAS, the City Council proposes to improve S. W. Canterbury
Lane from the intersection thereof with S. W. Pacific Highway on the
West to a point 180 feet East of the common boundary line of Sections
10 and 11 of T1S, R1W, by regarding, widening, paving, curbing, in-
Ptallation of sidewalks, construction of storm sewers, sanitary sewers,
and installation of lighting facilities; and
WHEREAS, pursuant to Ordinance No. 62-6 the City Council finds
it expedient and necessary to order the improvement of the herein-
after described lands by regaading, widening, paving, curbing,
installation of sidewalks, construction of storm sewers, sanitary a
sewers and installation of lighting facilities, and pursuant thereto
the City Engineer has submitted to the Council plans, "cifications
and estimates for the work to be done and the probable cost thereof
together with a statement of the lots, parts of lots and parcels of
land to be benefited and the apportionment of the total coat of the
improvements which each of said lots, parts of lots and parcels of
-land shall be assessed on account of the benefits derived; and
WHEREAS, the Council finds that said plans, ,specifications.
and estimates are satisfactory, and the Council has determined and
further finds that said lands will especially benefit by the Ysrprove
scents, and that the amount to be assessed against the properties and
the portion to be paid by public funds generally, creates a reason-
able relationship between the benefits derived by the properties
especially assessed and the benefits derived by the City as a whole,
NOW, THEREFORE, BE Ir RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TIGARD as followst
r (a) That the City.Couneil does hereby deem it expedient and
! necessary, and does hereby declare its intention, to improve S. W.
Canterbury Lane by regaading, widening, paving, curbing, installation of
sidewalks, construction of storm sewers, sanitary sewers, and installation
of lighting facilities.
2' (b) That all lands situated within the boundaries described
on the attached "EXHIBIT A" are determined and declared to be a street
improvement assessment district, to be known as "S. W. Canterbury Land
Improvement District", and it is further declared that each lot, part
of lot and parcel of land within .said boundaries will be especially
.. benefited by said improvements, and that of the total estimated cost
of $44,600.00 for said improvements, which sha1j be assessed in full,
on a front-foot basis, against all lands within said improvement
district.'
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(c) That the plans. specifications and estimates with respect
to the street improvement as submitted by the City's engineers be,
}` and the same are hereby, adopted and ordered to be maintain-ed on file
by the City Recorder for public inspection.
(d) That Monday, the 14th day of July, 1969, at the hour of
8.00 p.m., at the Tigard Community Center, 8845 S.W. Commercial Street
in Tigard, Oregon, be, and the same are hereby set as the time and place
for hearing and considering objections or remonstrances to the proposed
improvement by any parties aggrieved thereby.
(e) That the City Recorder be, and she is hereby, directed to
give notice by causing to have this resolution published in the Tigard
Mmes, issues of June 27, July 3 and July 10, 1969.
(f) Within ten days from the date of the first publication
of the notice of thix resolution, the owners of 66-2/38 or more in
area of the property within the boundaries described on "Exhibit A"
hereto attached, may make and file with the City Recorder a written
objection or remonstrance against the proposed improvement.
Dated at Tigard, Oregon this _?f=-`1 day of June, 1969,
Mayor - fft'y of T' and
ATTEST:
City Recorder_- City ofsTigard
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RESOLL"PION No. 69-_/_2__
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"EXHYBIT A"
CANTERBURY LANE IMPROVEMENT DISTRICT
Those portions of land in Section 10, Township 2 South, Range
1 West, W.M., and in Section 11, Township 2 South, Range 1 West, W.M. ,
Washington County, Oregon; more particularly described as follows:
Beginning at the most Northerly point of Lot No. 6 of Ascended Plat
of Canterbury Place, a subdivision of record in Washingi:on County,
Deed Records, said point also being the point of intersection of the
southwesterly right-of-way line of S. W. Canterbury Lane with the
southeasterly right-of-way boundary line of S. W. Pacific Highways thence
runrirg Southwesterly along the said Pacific Highway boundary line to
a point of intersection with the Northerly line of that tract of land
deeded to the Evangelical Church of Tigard in Book 133, Page 401,
Deed Records of said County; thence Easterly along the said Northerly
line of the Evangelical Church tract to the Northeast corner of the
said Church tract; thence Southerly a distance of 20.0 feet along the
Easterly line of the said Church tract to a point on the most Southerly }
line of Lot No. 6A of said subdivfaion; thence North 890 40' East 169.0
feet, to the southeast corner of said Lot No. 6A; thence continuing along
the said bearing North 890 40' East, to the Northwest corner of that
tract of land deeded to William and Reath Grasper in Book 738, Page 885,
Deed Records of said County; thence Southerly a distance of 400.0 feet
along the Westerly line of said Grasper tract to the Southwest corner of
the said Grasper tract; thence Easterly along the Southerly line of the
said Grasper tract to the most ,Easterly Southeast corner of the said
Grasper tract; thence continuing Easterly along an Easterly extension of
the moat Southerly line of the said Grasper tract to a point of inter-
section with the East line of Section 10; thence Northerly along the
said East section line bd a print of intersection with an extension of
the Southerly line of that tract of land deeded to Tigard Water District,
Book 276, Page 659, Deed Records of said County; thence Easterly 264
feet along the said District's tract southerly line and extension thereof,
to the Southeast corner of said District's tract; thence Northerly along
the Easterly line of the said District's tract to the Northeaa't corner
of the said District's tract; thence Northerly along a Northerly extension
of the Easterly line of the said District's tract, to a point of inter
section with the Northerly line of that tract of land deeded to Presbytery
of Portland, Hook 515, page 516, Deed Records of said County; thence
Westerly along the Northerly line of the said Preshytery tract to a point
of intersection with the said Easterly Section line; thence Southerly
along the said Easterly section line to a point of intersection with the
Southerly line of that tract of lana deeded to Oregon Foundation, Inc.,
Book 535, Page 663, Deed Records of said County; thence Westerly along
the said Foundation tract Southerly line to the Southwest corner of the
said Foundation tract, said corner also being the Southeast corner of
that tract of land deeded to Oregon Foundation Inc., Book 590, Page 399,
Deed Records of said County; thence Northerly along the Easterly line
of the said Foundation tract to the Northeast corner of the said Foundation
tract; thence Westerly, southwesterly, and Northwesterly along the Northerly:
boundary line, of the said Foundation tract, to a point of interaectior.
with the said Pacific Highway right-of-way boundary line thence South-
westerly along the said Pacific Highway boundary line to the point of
beginning of this description.
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