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Ordinance No. 77-02 CITY OF TIGARD, OREGON ORDINANCE NO. 77-�` AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING ALL PROCEDURES AND DE'T'ERMINATIONS HERETOFORE MADE WITH RESPECT TO THE "SOUTHWEST HUNZIKER STREET IMPROVEMENT DISTRICT" AS SET FORTH IN PRIOR ORDINANCES AND RESOLUTIONS OF THE CITY COUNCIL OF TIGARD, AND AUTHORIZING THE ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS OF THE BANCROFT BONDING ACTS, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Tigard by Ordinance No. 75-1 duly enacted under the date of January 13, 1975 (a copy thereof being attached to this document and by this reference made a part hereof) , declared its intention to improve a certain area, as in _ ,id ordinance described, by the construction of street improvements, tatat area commonly known as and hereafter referred to as "The South- west Hunziker Street Improvement District" and WHEREAS, after due and legal notice, hearings and pro- ceedings as by law required, the City Council of Tigard caused to have prepared by the City's Engineers plans, specifications and estimates of said improvements, and the same having been duly adopted and a contract let for the completion of the work, and the install- ation of said improvements having been fully performed and the total final costs thereof determined to be the sum of $ 213 2Q0,00— which Q0,00which sum was apportioned, spread and assessed against the real property within the boundaries of the said district; and WHEREAS assessment rolls, both with respect to the prelimin• ary estimated costs of said improvements and with respect to the final cost, were duly prepared by the City's Engineers, and the total assessment, including the preliminary assessment and the final assessment, was duly adopted by the City Council of Tigard, and was apportioned and assessed against each property within the district; and WHEREAS all remonstrances were disposed of and the said assessments have been duly entered in the lien docket of the City, and the City has received applications in the total sum of $177,395.80 from the various owners of property assessed pursuant to this proceeding, and which applications the owners asked for permission to pay the assessments on an installment plan! and Page 1 - ordinance No. 77--2- F E F i i WHEREAS it is necessary to issue improvement bonds pur- suant to the provisions of the Bancroft Bonding Acts to provide for payment of the remaining cost of said improvementse and r WHEREAS the area comprising the assessment district known as "Southwest Hunziker Street Improvement District" is described on the attached sheets designated "Exhibit A?" NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS ; e Section 1. All proceedings conducted by the City Council with i respect to all matters, conditions and actions prece- dent to the apportionment, spread of assessment, and assessing k of the cost of installing said improvements with the Southwest Hunziker Street Improvement District as described above, be, and € the same are, hereby adopted, ratified and confirmed by the City of Tigard. } Section 2. General obligation bonds of the City of Tigard shall be issued in serial form and shall be payable in semi- annual installments in the total sum of $ 177,395.80 , the bonds to be dated April 1, 1977, numbered consecutively from 1 to 178 in denominations of $1,000 each, except bond no. 1 which shall be in the amount of $395.80 maturing serially in numerical order as follows: Bond No. Maturity Date Amount 1 May 1, 1978 _$_j_9_5.8 0 2-7 May 1, 1978 6,000.00 8-16 May 1, 1979 9,000.00 17-25 May 1, 1980 9,000.00 ¢` 26-34 May 1, 1981 9,000.00 35-43 May 1, 1982 9,000.00 44-52 May 1, 1983 9,000.00 53-61 May 1, 1984 9,000.00 62-70 May 1, 1985 9,000.00 71-79 May 1, 1986 9,000.00 80-88 May 1, 1987 9,000.00 89-97 May 1, 1988 9,000.00 98-106 May 1, 1989 9,000.00 107115 May 1, 1990 9,000.00 116-124 May 1, 1991 9,000.00 125-133 May 1, 1992 9,000.00 134-142 May 1, 1993 9,000.00 ,. 143-151 May 1, 1994 9, 000.00- 152--160 May 1, 1995 9,000.00 161-169 May 1, 1996 9,000.00 170-178 May 1, 1997 9,000.00 Page 2 Ordinance No. 77 a� Said bonds shall bear interest at a rate not to exceed 7 percent per annum payable semi-annually on the first days of May and November of each year, as evidenced by coupons to be attached thereto. Both principal and interest upon said bonds shall be payable at the office of the City Treasurer, City of Tigard, Oregon. Section 3. All bonds shall be sold at not less than 98 percent of par value plus accrued interest from date thereof to date of delivery. All such bonds shall be signed by the Mayor and countersigned by the City Recorder of the City of Tigard, Oregon. The coupons attached thereto shall bear facsimile signatures of the said officers of the City. Section 4. The full faith and credit of the City of Tigard, Oregon, shall be, and it hereby is, pledged to each successive holder of each of said bonds for the prompt and punctual payment of the principal and interest thereof as and when the same shall become due, and the City of Tigard, Oregon, hereby covenants and agrees with each successive holder of each of such bonds and coupons that in the event of default in payment of any assessment pursuant to applications on file, the City Council of the City of Tigard, Oregon, will proceed as provided by law to collect all unpaid assessment liens. Section 5. That all bonds shall be registered in the Office of the City Recorder of the City of Tigard, Oregon. Section 6. The City Recorder is hereby instructed to advertise the said bonds for sale in the manner provided by law, by written sealed bids to be opened at 2 o'clock p.m. , Pacific Standard Time, on the 4th_ day of February, 1977, at the City Hall, Main Street, Tigard, Oregon, notice of said sale to be given by publication in the Tigard Times, a newspaper of general circulation, published within the City of Tigard, once each week for three successive weekly publications in all, the first publication to be on January 1977. The form of notice of sale shall be as follows: p NOTICE OF BOND SALE CITY OF TIGARD, OREGON Notice is hereby given that written sealed bids will be received by the City of Tigard, Oregon, up to 2 o'clock p.m. , Pacific Standard Time, on the 4th day of February, 1977, at the City Hall, 12420 S. fl. Main Street, Tigard, Oregon, for the sale of general obli- Page 3 Ordinance No. 77- gation improvement bonds of the City of Tigard, Oregon in the amount of $ 177,395.80 , said bonds to be in the denomination of $1,000 each, except Bond No. 1, which shall be in the amount of $ 395.80 dated April 1, 1977, and to mature serially in numeri- cal order as follows: Bond No. Maturity Date Amount 1 May 1, 1978 $ 395.80 2-7 May 1, 1978 6,000.00 z 8-16 May 1, 1979 9,000.00 17-25 May 1, 1980 9,000.00 26•-34 May 1, 1981 9,000.00 35-43 May 1, 1982 9,000.00 44-52 May 1, 1983 9,000.00 53-61 May 1, 1984 9,000.00 62-70 May 1, 1985 9,000.00 71-79 May 1, 1986 9,000.00 80-88 May 1, 1987 9,000.00 89-97 May 1, 1988 9,000.00 98-106 May 1, 1989 9,000.00 107-115 May 1, 1990 9,000.00 f 116-124 May 1, 1991 9,000.00 125-133 May 1, 1992 9,000. 00 134-142 May 1, 1993 9,000.00 143 .151 May 1, 1994 9,000.00 152-160 May 1, 1995 9,000.00 ' 161-169 May 1, 1996 9,000.00 170-178 May 1, 1997 91000.00 t Said bonds shall bear interest at the rate or rates to be determined by the City Council of the City of Tigard, Oregon, at the time of award, not to exceed 7 percent per annum, payable semi-annually; principal and interest are to be payable at the office of the City Treasurer of the City of Tigard, Oregon, at k. 12420 S. W. Main Street, Tigard, Oregon. r 4 All bids will be opened and publicly read at the t time and place aforesaid and shall be sold to the highest responsible bidder for not less than 98 percent of the par value plus accrued interest from April 1, 1977, to date of delivery. All bids must be in writing, posted or delivered in hand to be received by the City Recorder of Tigard, City Hall 12420 S. W. Main Street, Tigard, Oregon, on or before 2 o'clock p.m. , Pacific Standard Time, on the 4th Page 4 - Ordinance No. 77� a n day of February, 1977. Each bid shall be accompanied by a certified check on a bank doing business in the state of Oregon for not less than 2 percent of the par value of the bonds hereby offered for sale, except that any bid of the State of Oregon or the federal government shall not require such bid deposit. The legal approving opinion of Raqen and Roberts, 3317 First National Bank Tower, Portland, Oregon will be furnished to the successful bidder. The City of Tigard, Oregon, reserves the right to reject any and all bids. DATED at Tigard, Oregon, this day of January, 1977. By order of the City Council, City of Tigard, Oregon. By Doris Hartig Recorder Section 7. The form of the bond and coupons to be attached thereto shall be substantially as follows: UNITED STATES OF AMERICA STATE OF OREGON $1,000.00 CITY OF TIGARD No. GENERAL OBLIGATION IMPROVEMENT BOND CITY OF TIGARD, OREGON, for value received, hereby promises to pay to bearer $1,000.00 on the first day of 197_, plus accrued interest thereon at the rate of 7% per annum, payable semi-annually on the first days of May and November of each year, to the bearer upon presentation of the respective coupons hereto attached as they mature; both principal and interest to be paid in lawful money of the United States of America at the office of the City Treasurer, City of Tigard, Oregon. This bond is one of a series of like date and tenor, except as to maturity dates, aggregating $ 177,395.80 , numbered from 1 to 178 , both inclusive, authorized and issued by the City of Tigard, Oregon, pursuant to Sections 223.205 to 223.300, inclusive, Oregon Revised Statutes. Page 5 Ordinance No. 77- N794' It is hereby certified by the City of Tigard, Oregon, that every requirement of law for the issuance and sale of bonds have been duly complied with, and that this bond is within every date and other limitation provided by the Constitution and the Laws of the State of Oregon, and for the punctual payment of principal and interest hereof, the full faith and credit of the City of Tigard, Oregon, are hereby irrevocably pledged. IN WITNESS WHEREOF, the City of Tigard, Oregon, has caused this bond to be signed by its Mayor, and attested to and countersigned by its City Recorder, this day of January, 1977. CITY OF TIGARD, OREGON By: Mayor Attested and countersigned: City Recorder That the coupons to be attached to all of said bonds shall be in the following form; Bond No. Coupon No. On the first day of May , 19 , CITY OF TIGARD, OREGON, will pay to bearer in lawful money of the United States of America, at the office of the City Treasurer, Tigard, Oregon, $� for six months' interest then due upon its general o� b g on improvement bond numbered as above dated May 1, 1977. CITY OF TIGARD By Mayor Attested and countersigned: By: City Recorder 6 - Ordinance No. 77- Section 8. It is hdreby declared that an emergency exists and that it is necessary for the immediate preservation of the peace, health and safety of the City of Tigard, Oregon, that this ordinance become effective upon its passage by the Council and approval by the Mayor, in order that the credit of the City of Tigard, Oregon, may be preserved, and to provide funds for the payment of the obligations arising out of the Southwest Hunziker Street Improvement District. PASSED: By the City Council by vote of all Council members present, after being read three times by number and title only, this 107hday of January, 1977. Recorder - _City of Ti d SIGNED: By the Mayor, this /on day of January, 977. Mayor City of Tigard —� 7 -- ordinance No. 77- CITY OF TIGARD, OREGON ORDINANCE No. 75 - AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF DECEMBER 9, 1974 WITH RESPECT TO THE "STREET IMPROVEMENT DISTRICT No. 1.20.2 (S.W. HUNZIKER STREET)", APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR STREET IMPROVE- MENTS, DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO, DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION OF SAID IMPROVEMENTS, PROVIDING FOR THE MAKING OF NSAID IMPROVEMENTS, AND *DECLARING AN EMERGENCY. V THE CITY OF TIGARD ORDAINS AS FOLLOWSs i Section is The Council of the City of Tigard finds that a resolution was duly passed by the Council at its regular meeting of December 9, 1974, 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 which the boundaries of a proposed street improvement assessment district were described and the Council declared j its intention to make the improvements as therein described; and by the terms of said resolution a hearing was duly called to be held 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 (including the locational change of place) was given by publication in the Tigard Times for'two consecutive publishings on January 2nd & 9th, 1975 prior to said hearing. Section 3: The Council further finds that said hearing was duly and regularly called to order and held in the Administration Offices of Charles F. Tigard Grade School, 13137 S.W. Pacific Highway, Tigard, Oregon on January 13, 1975 at the hour of 8s00 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 4s The Council finds that all objections and remonstrances as thus presented prior to and at the hearing, represent less than 66 2/3% of the owners of the property in the area within the improvement assessment district and that the percentage 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 Tigard Municipal Code - Title 13 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 hereby, overruled, and the City Council be, and it is hereby, deemed to have acquired jurisdiction to order the proposed improvements to be made, and that the boundaries as described in said Resolution of December 9, 1974 and as described on "Exhibit A" 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 6s That the City Council, having acquired jurisdiction to order the improvements to be made, does hereby authorize and direct the construction of improvement within the boundaries of said "Street Improvement District No. 1.20.2 (S.W. Hunziker Street)" in conformity in all reasonable particulars with the plans and specifications by said Resolution adopted and hereby ratified and confirmed, with the following exceptions if any: i ,S' SectT,ion 7: That the City Administrator and the City Engineer be, and they are hereby directed to immediately invite proposals for the constructions 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 February 27, 1975 at the hour of 4100 P.M., which date and time is hereby designated for the opening of bids in the Tigard City Hall, 12420 S.W. Main Street, Tigard, Oregon, all proposals to be then and there publicly read. Section 8: Inasmuch as it is necessary to the peace, health and safety of the peopib of the City of Tigard that the said improvements be constructed lith the least possible delay, an emergency 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, ��fter being read three times by title and number this J , day of - f 1975. E City Recorder - City of Tigafd v APPROVED: By the Mayor this / _ day of _ 1975. Mayor - City of Tigard Tom_ k i PAGE 2 ORDINANCE No. 75-_ .,t CITY OF TIGARD, OREGON RESOLUTION No. 74-4 DECEMBER 9, 1974 RESOLUTION OF THE TIGARD CITY COUNCIL DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT' ASSESS- MENT DISTRICT, TO BE KNOWN AS "STREET IMPROVEMENT DISTRICT No, 1.20,•2 (S.W. HUNZIKER STREET)"; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE `J BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND EST'xiATES OF THE CITY'S ENGINEER, AND SETTING A PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. _ WHEREAS, the City Council proposes to improve S.W. Hunziker Street, beginning at its intersection with the East right-of-vay line of S.W. Hall Boulevard and, thence running Easterly 2800 feet more or less to a terminal point; and WHEREAS, pursuant to Chapter 13.04 of the Tigard Municipal_Code the City Council finds it expedient and necessary to order.'the improvement of the here inafter described lands by regrading, widening, paving, curbing, construction of storm sewers, the installation of a sidewalk and pursuant thereto the City's Engineer has submitted to the Council plans, specifications and estimates for the work to be done and the probable cost thereof together with a statement of the lots, parts of lots and parcels of land to be benefited and the apportionment of the total cost of the improvements which each of said lots, parts of lots and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention, to improve the aforesaid portion of S.W. Hunziker Street by regrading, widening, paving, curbing, construction of storm sewers, and the installation of a sidewalk. (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. Hunziker Street 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 the .estimated cost of all potential improvements is $187,400.00 and 80% of said cost shall be assessed on an equitable basis against all lands within said improvement district and 20% of said cost shall be borne by the City of Tigard in recognition of a general city-,wide benefit. (c) That the plans, specifications and estimates with respect to the street improvements as submitted by the City's engineers be, and the same are hereby, adopted and ordered to be maintained on file by the City Recorder for public f inspection. (d) That Monday, the 23rd day of December, 1974, at the hour of 8:00 P.M., at Charles F. Tigard Grade School, 13137 S.W. Pacific Highway, Tigard, Oregon, be, and the same are hereby set as the time and place for hearing and consi'cring 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 Times, issues of December 12, 1974 and December 19, 1974. r A ,t (f) Within ten days from the date of the first publication of the notice of this resolution, the owners of 66 2/37 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,- i Is Dated at Tigard, Oregon this day of 1974. Mayor ATTEST: RR order .3- S i f S RESOLUTION No. 74--& 7 Page 2 EXHIBIT "R" (Boundary of S.W. Hunziker L,I.D.) • l ,I That portion of land situated in Sections 1 and 2 of Township 2 - South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows; Beginning at the stone marking the Southwest corner of the Peter. Halter 10 acre tract in the W.W. Graham D.L.C-. No. ;39 in said f Section 1; thence West 10 feet to a pipe; thence North 340.3 feet �i to the Southeast corner of that tract of land conveyed to Keith R._.'.' Peterson & Carl S. Spitznagel, by deed recorded in Book 731, on Page 917, in said County's Deed Records; said corner'of the Peterson & Spitznagel 2:02 acre.-,tract being the True Point of { Beginning of this description; running thence West, along the South boundary line of the said Peterson & Spitznagel tract of land, a distance of 334.7 feet to the Southwest corner thereof; • said Southwest corner of the Peterson & Spitznagel tract being a point on the East boundary line of that tract of land conveyed to Sam R. Jost et. ux., by deed, recorded in Book 336, on Page 534, in said County's Deed Records; thence South, along the East boundary line of said Jost tract of land, a distance of 68 feet, more or less, to the Southeast corner thereof; thence West, along the South boundary line of.said Jost tract of land, a distance of 330 feet to the Southwest,corner thereof; said Southwest corner of the Jost tract being a point on the East boundary line of that tract of land con veyed to L.H. & B. Nichols and F.W. & S. Fields, by deed, recorded in Book 606, on Page 590, in said County's Deed Records; thence South 010 14' 30" West, along the East boundary line of said Nichols and Fields tract of land, a distance of 940 feet, more or less, to the Southeast corner thereof; said Southeast corner of the Nichols and Fields tract also being the Northeast corner of that tract of land conveyed to Fred W. &'Suzanne Fields, by contract, recorded in Book 933, on Page 75, in said County's Deed Records; thence continuing South 010 14' 30" West, along the East boundary line of said Fred and Suzanne Fields tract of land a distance of 1085 feet, more or less, to the Southerly most corner thereof; said.Southerly most corner I of the Fred & Suzanne Fields tract being a point on the Northeast I boundary line of the Southern Pacific Railroad Company right-of-way; thence Northwesterly, along the *Tortheast right-of-way boundary line of said Railroad Company tract, a distance of 2336 feet, more or less, to the Southwest corner of that tract of land conveyed, to Georgia Pacific Corporation, by deed, recorded in Book 768, on Page 429, in said County's Deed Records; thence North 460 50' East, along the Northwest boundary line_of said Georgia Pacific Corporation tract of land, a distance of 195.5 feet to the most Southerly corner of that tract of land conveyed to Western Foundry Company, by deed.- recorded in Book 706, on Page 311, in said County's Deed Records; thence North i 410-46' West, along the Southwest boundary-line of said Western Foundry Company tract of land, a distance of 613.80 feet to the most Westerly corner thereof; thence North 43 �, East, along the North - west 'boundary line of said Western Foundry; Company tract of land, a distance of,350.0 feet to the Southerly most corner of that tract of land conveyed to M. Trumbo Company, by deed, recorded in Book 848, on Page 584, in said County's Deed Records; thence North 410 46' West, 4 along the Southwest boundary line of said M. Trumbo Compawl, tract of t j , Is age 2 F' -And, a distance of 300 feet; more or less, to the most Westerly corner thereof; thence North 480 14' East, along the Northwest boundary line of said M. Trumbo Company tract of land, a distance of 358.23 feet to the Westerly most Northwest corner thereof; said Westerly most Northwest corner of the M. Trumbo Company tract o£ land being a point on the South boundary line of that tract•of land conveyed to E. C. Hunziker, by deed, recorded in Book 215, on Page 193, in said County's Deed Records;;thence North 600 59' West, along. the South boundary line of said Hunziker tract of land, a,distance•' of 460 feet, more or less, to the Southerly most Southwest corner. ' thereof; thence North 290 Oil East 100.0 feet and North 600 59' West 162,28 feet to the Westerly most Southwest corner-thereof; siid •- - Westerly most Southwest corner of the'Hunziker tract of land being'a•.;, point in the centerline of (60 foot wide) State Secondary Highway No. 141 (S.W. Hall Boulevard); thence North 00Q 45' West, along the c centerline of said State Highway, a distance of 278 feet, more or less, to a point of intersection with a Westerly extension of the . North boundary line of Lot 5 0£ Knoll Acres, a subdivision of record in said County; thence North 89° 15' East, -along the said extension of the North line of Lot 5; a. distance of 30 feet to'the Northwest corner of said Lot 5 of Knoll Acres subdivision; thence continuing. North 890 15' East, along the North boundary line of Lot 5, a distance of 161.0 feet to the Northeast corner east corner of Lot 5 also being thereof; said North- the Northwest corner of Lot 6 of ' said subdivision; thence South 600 59' East, along the North boundary line of Lot 6, a distance of 80.0 feet to the Northeast corner thereof; said Northeast corner of Lot 6 also being the Northwest corner of Lot 7 of said subdivision; thence continuing South 600 59' East, along the North boundary line of Lot 7, a distance of 66.1 feet to the Northeast corner thereof; thence South 520 53' 08." East, crossing (50 foot wide) S.W. Knoll Drive, a distance of 51.54 feet to the Northwest corner of Lot S of Tigardia errace, a Subdivision of record in said County; thence South 67 13' East, along the North boundary line of Lot 5, a distance of 89.0 feet to the Northeast corner thereof; said Northeast corner of Lot 5 also being the North- west corner of Lot 4 of said subdivision; thence continuing South 670 13' East, along the North boundary line of Lot 4, a distance of 84.0 feet to the. Northeast corner thereof; said Northeast.corner ofLLot 4 also being the Northwest corner of Lot 3 of said subdivision; thence continuing South 670 13' Fast, along the North boundary line of Lot 3, a distance of 80.16 feet to the Northeast corner thereof; said North- east corner of Lot 3 being a point on the East boundary line of said Tigardia Terrace subdivision; thence North 220 47' East, along the wast boundary line of Tigardia Terrace a distance of 150.0 feet to the initial Point thereof; said initial. point of Tigardia Terrace being a point on the West boundary line of that tract of land conveyed to E.W. & P. Koning, by deed, recorded in3ook 415, on Page 466, in said County's Deed Records; thence continuing North 220 47' East, along the East boundary line of said Koning tract of land, a distance of 403.65 ' feet to the Northwest corner thereof; said Northwest corner of the Koning tract of land being a point on the South boundary line of Tigard Road,Gardens, a subdivision of record in said Countv; thence North 820 37' West along the South boundary line of Tigard,-Road Gardens, a distance of 453,92 feet to the Southwest corner of Lot 7 thereof thence North 130 44' 00" West, along the West boundary line of Lot 7, a distance of 366.0 feet-to the Northwest corner thereof; thence North 830 04' West, along the North boundary line of Lot 7, r _ --------___._---. Page 3 • of 279.5 feet to the Northeast corner thereof; thence i a distance the East boundary line o£ Lot 7, South 200 08' East, along to a point of intersevfion with distance of 137 feet, more or lesg�oundary line of L, ard a Westerly extension of the North Road North 840 27' 50" East, along .sa, extension Ro the North line of Lot 3, a distance of 41.4 feet to the Northwest ad Gardens; the and Road Gardens; thence continuing stance corner of said Lot 3 of Tig said Northeast corner 840 27'- 50" East, along the North boundary line of Lot Northeast 60 foot of .Lot 3 feet to the t on thet}•Jestnbou dee line of continuingnamed North(840 27' of Lot 3 being a point onof wide) dedicated public right-of-w.ay; int of intersection _ 5o" East, along 'an Easterly extension'o1 the North .line of Lot 3 thence line of said unnamed public right-of-way; public Tigard Road Gardens. a distance of 62.01 feet to a Po with the East boundary 1 the East boundary line of said unnamed North 200 10' West, along re or less, to the Northwest right-of-way, a distance of 57 feet', mo fl19, on Page 553, in said County's Deed corner of that tract of land conveyed to Lakeside Development Company, by deed recorded in Booko 40' East,galong the North boundary line of Records; thence South 83 tract of land, a distance of'136 feet, qompansaid Lakeside Development thence North 590 10' East, continuing more or less. to line of said LakesideDevelopment Company along the North boundary tract of land, a distance.of 44.33 feet•to a point North 00o 08' �'7est• continuing along the North boundary line of said an tract of land, a distance of 158 feet, Lakeside Development Comp Y No. 1So (Beaverton-Tigard more or less, to a point o£ intersection with the Southwest rightigar gine of State.Secondary Highway the Southwest boundary Way boundary line hence Southeasterly along 40 foot wide) Freeway NO- hwa No. 144, crossing alon said State line of said State Secondary Hnu Y total distance of 3115 S,W. Hunziker Street and boundaryline, n Secondary Highway tract of land; thence ig less, to the Easterly most Northeast corner of the feet, more itznagel aforesaid Keith R. Peter along Carl S. SP re or less, " • 0 43: 39" West, the East boundary line of said Peterson South 00 9Pact t, land, a distance of 255 feet, more and Spitznagel - inning of this nescription. Containing _ to the True Point Of Rcge3- approximately• 13 V,,,.. E i