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Ordinance No. 82-13 CITY OF TIGARD, OREGON ORDINANCE NO. 82- 1-�_ AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE CITY COUNCIL OF JANUARY 12, 1981 AND MARCH 8, 1982, WITH RESPECT TO S. W. 72ND AVENUE AREA STREET IMPROVEMENT DISTRICT; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARINGS HELD WITH RESPECT THERETO; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS; AND DECLARING AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of March 8, 1982, 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 its intention to construct street improvements and to assess the costs thereof against the property within the boundaries specifically benefitted; and WHEREAS, the City Council has previously declared its intention to make these improvements by Resolution No. 81-2, and WHEREAS, by the terms of said Resolution No. 81-2 hearings were duly called to be held in Fowler Junior High School at 10865 S.W. w= Walnut Street in Tigard, Oregon, on February 9, 1981 , 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 improvements; and on March 23, 1981, at the hour of 8:00 p.m. for the purpose of hearing new evidence; and on June 1, 1981 , at the hour of 8: 00 p.m. for the purposes of hearing additional evidence and determining the scope of the project; and WHEREAS, pursuant to said Resolution No. 81-2, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on January 21 and January 28, March 11 and March 18, and May 21 and May 28, 1981, prior to said hearings; and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on February 9, March 23 and June 1, 1981 , at the hour of 8:00 p.m. ; and WHEREAS, by the terms of said Resolution No. 81-2 and publication, written objections or remonstrances from the owners of now less than 66--2/3% of the property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior f to and at the hearing represent the owners of less than 66-2/3% of +- •?i��rict the property in the area within the improvement and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; and TTAIA ORDINANCE NO. 82- _ Page 1 of 4 WHEREAS, the City Council adopted Ordinance No. 81-45 ordering the improvements and calling for bids, and amending Resolution No. 81-2 to establish a limit on the amount of the improvements assessable and providing alternatives for construction of the improvements; and WHEREAS, the City Council adopted Ordinance No. 81-82 amending t Ordinance No. 81-45 and setting the improved street width; and WHEREAS, the City Council has indicated by motion that it finds Alternative A of Ordinance No. 81-45, as amended by Ordinance No. 81-82, necessary for proper improvement of the street; and WHEREAS, Western International Properties wants the improvement extended to include Western International Properties Oregon Tech Center, the total cost of which extension will be assessed to Western E International Properties Oregon Tech Center; and WHEREAS, the City has received favorable bids for the construc- tion of the proposed improvements, as amended; and WHEREAS, by the terms of Resolution No. 82-22 a hearing was duly called to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on .arch 29, 1982, at the hour of 8:00 p.m. for the purpose of affording an opportunity to any parties 1` aggrieved by the amended proposal for the construction of 72nd Avenue Area street improvements, including the Western International ' Properties Oregon Tech Center, to make objections or remonstrances , to the proposed amendments; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on March 18 and March 25, 1982, prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10065 S.W. Walnut Street in Tigard, Oregon, on March 29, 1982 at the hour of 8:00 p.m. ; and WHEREAS, by the terms of Resolution No. 82-22 and publication, written objections or remonstrances from the owners of not less than 66-2/3% of the property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66-2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; and WHEREAS, the plans and specification were on file with the City Clerk as required by Tigard Municipal Code 13-04.030; and WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.389 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City of Tigard, and all procedures were regularly and: lawfu1ys ORDINANCE NO. 82- 3 Page 2 of 4 ff NOW, THEREFORE, \n THE CITY OF TIGARD ORDAINS AS FOLLOWS: _Section 1: That all matters set forth in Resolution No. 81-2 of the City Council of the City of Tigard, Oregon, on January 12, 1981, as amended by Ordinance Nos. 81-45 and 81-82, and all matters set forth in Resolution No. 82-22 of the City Council of the City of Tigard, Oregon on March 8, 1982, copies whereof are hereto attached marked Exhibit "1" and by reference herein made a part hereof to the same legal force and effect as if set forth herein in full, be, and the same are, hereby approved, ratified and confirmed, and the boundaries of the area known as S. W. 72nd Avenue Area Street Improvement District as heretofore described in Resolution 82-22, be, and the same are, hereby declared and fixed in accordance with said descriptions. Section 2: That improvements to the basic city standard 40 foot width curb to curb be made as follows: a. S.W. 72nd Avenue from the south city limit line northerly along S.W. 72nd Avenue to S.W. Upper Boones Ferry Road. b. S.W. 72nd Avenue from S.W. Upper Boones Ferry Road (Carmen Drive) northerly along S.W. 72nd Avenue to just north of the S.W. Varnes Road running east of S.W. 72nd Avenue. c. S.W. Upper Boones Ferry Road, from a point just south of S.W. Durham Road, northerly along S.W. Upper Boones Ferry Road to that portion already improved by the Oregon State Highway Division (Carmen Drive) . d. S.W. Bonita Road matching the existing improvements at I-5 and continuing westerly through the S.W. 72nd Avenue intersection. That improvements to the basic city standard 34 foot width curb to curb be made as follows a. S.W. Tech Center Drive from S.W. 72nd Avenue westerly to the existing improvement. Section 3: Property owner participation shall be limited, exclusive of right-of-way costs exceeding $50,000, to $1.3 to $1.5 million, except that Western International Properties shall be assessed an additional $33,955 for improvements adjacent to their property. Section 4: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvements to be made, does hereby authorize and direct the construction of street improvements within the boundaries of the S.W. 72nd Avenue Area Street Improvement District in conformity in all reasonable particulars with f the plans and specifications by Resolution No. 81--2, as amended, and Resolution No. 82-22 adopted and hereby ratiiieu and confirmed. j k ORDINANCE NO. 82- 73 Page 3 of 4 ----,------tet Section 5: That all lands situated within the boundaries described on EXHIBIT "A" of heretofore described ordinances and resolutions are determined and declared to be a street improvement assessment district and, it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefitted by said improvements, and that the total estimated cost of the project is $2,050,455, and that the assessable cost, not to exceed $1,533,955, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full, according to benefit, against all lands within said improvement district. . Section 6: The Tigard City Council finds that the S.W. 72nd Avenue Area Local Improvement District improvements are of the character described in ORS 223.205, and that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 - 287.510. Section 7: General obligation improvement warrants for the S.W. 72nd Avenue Area Local Improvement District are hereby authorized to be issued in the aggregate amount of $2,000,000. The warrants shall bear interest at the lowest rate that the City can borrow on the date of issuance and shall constitute a general obli- gation of the City of Tigard that shall mature on or before two years after the date of issue, but not later than June 1, 1984. Warrants shall be retired as funds are received in accordance with ORS 287.506. Section 8: The Mayor and City Recorder are hereby authorized to execute the described warrants on behalf of the City of Tigard. Section 9: That 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 emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED: By the Council, byvote of all Council members present, after be read two times by number and title only, this 29th day of March, 1982. Recorde APPROVED: _16` 1982. By the Mayor, this 9 day ofQ�c� , Mayor ORDINANCE NO. 82-13 Page 4 of 4 f CITY OF TIGARD, OREGON RESOLUTION No. 81 E t e DECLARING AN 'INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SOUTHWEST 72nd AVENUE AREA L.I.D. No. 21; DESCRIBING TETE PROBABLE TOTAL ASSESSABLE COST THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED: APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR TETE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. � WHEREAS, the City Council has accepted a petition requesting street imp rovements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's regular meeting of May 19, 1980, and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it (;spedient and necessary to order the improvement of the hereinbelow-described lands by construction of street facilities and' appurentances'thereto, and pursuant thereto the City's Engineer has submitted to the Council plans, specifications and estimates ,for the work to be done and the probable cost thereof together with a statement of the lots, parts of lots and parcels of land to be benefited and the apportionment of the total cost of the improvements which each of said lots, parts. of lots and parcels of land shaYl be asses3ed 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 Southwest 72nd Avenue Area by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and declared to be a street improvement assessment district, to be known as "Southwest 72nd Avenue Area", and it is furtrier declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated assessable cost of $2,718,026.12 for said improvements, shall be assessed in full, on-a combination front foot-area basis against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the street improvements as submitted by the City's engineers be, and the same are hereby, adopted and ordered to be maintained on file by the City Recorder for public` inspection. (d) That Monday, the 9th day of February, 1981, at the hour of 8:00 F.M., at a Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and the " d 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. RESOLUTION No. 81 -� (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 January 21, 1981 and January 28, 1981. PASSED: By Council on this day of a�e ��,rt�� ____ 1981. r Mayor — City of Tigard ATTEST: Recorder City o Tigar r t i I Page 2 RESOLUTION NO. r EXHIBIT A i LEGAL DESCRIPTION OF L.I.D. Beginning at the northwest corner of T.L. 701 , 2S11DB; thence S 0°4' W along the westerly line of T.L. 701 122 feet to the northerly right of way of Varns Street (a 50 foot right of way); thence southwesterly approximately 51 feet to the northwest corner of T.L. 710, 2SllDB located on the southerly right of way line of Varns Street; thence S 0°09' E along the t West line of T.L. 710 143.28 feet; thence S 89°05' W along the North line of T.L. 800, 2Sl1DB to a point which is 290 feet (perpendicular distance) from Lhe westerly right of way line of S.W. 72nd Avenue; thence southerly approximately 355 feet to the northwest corner of T.L. 100, 2S11DC, which is located-ort-the easterly-right_ of way line of 74th Avenue (a 40 foot right.o1 way); thence southerly along the easterly right of way line of 74th Avenue approximately 756 feet; thence N 88®48' W across 74th Avenue and al-ong the northerly 'line of T.L. 800, 2SllDC 820.57 feet to the southerly corner of T.L. 2000, 2STTDC; thence N 41051` W 251.38 feet to the northwesterly corner of T.L. 800; thence southerly along the West line of T.L. 800 approximately 440 feet to the northeasterly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence southeasterly along said right of way line approximately 2000 feet to the southwest corner of T.L. 402, 2S112A; thence East along the South line of T.L. 402 approximately 400 feet to the northwest corner of T.L. 501 , 2S112A; thence S 0009' W 326.2 feet along the West line of T.L. 501 and its southerly extension to the northerly right of way line of Bonita Road (a 40 foot right of way); thence southwesterly approximately 50 feet to the northwest corner of T.L. 1900, 2S112A; thence S 0°39' E approximately 380 feet to the southwest corner of T.L. 1900; thence S 55°55`38" W along the northerly line of T.L. 1902, 2S112A 163.11 feet to the northeasterly right of way line of the Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly along said right of way line approximately 1000 feet to a point on the northerly line extended of T.L. 400, 2S112DB; thence S 88014107" W along said northerly line approximately 458.9 feet to the northwest corner of T.L. 400, said point being on the easterly right of way line of the Oregon Electric Railway; thence southerly along said right of way line approximately 2255 feet to the southwest s r ' N 88029135" E 316.61 feet to the southeast corner of T.L. 200, 2Sll2DC; thence C corner of T.L. 200 thence 5 00°02'40" E 253.15 feet to a point on the West line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 19p0, 2Si12D approximately 380 feet to the easterly right of way line of the Oregon Electric Railway; thence southwesterly 163.8 feet to the northerly right of way of Fanno Creek Place (a 40 foot right of way); thence southwesterly approximately 41 feet to the northwest corner of T.L. 1301of �S`13j30iha�cdeTsLut12Q0te2S1l3A to approximately 480 feet along the West line rightSl 3A way the southwest corner of T.L. 1200, said point being on the northerly thence S 29°52' W 60 feet to the line of Durham Road (a 60 foot right of way); rly southerly right of way of Durham Road; thence southeasterly along said saut�oones right of way approximately 245 feet to the northerly right of way of Upper Ferry Road (a 60 foot right of way); thence S 48017' W along said northerly right of way line of Upper Boones Ferry Road approximately 165 feet; thence S 41°43E on the West line of T.L: 1100, 2Sll3A; thence approximately 284 feet to a point South along the West line of T.L. 1100 approximately 230,feet; t:1ence West along ,a5- f?et thence South along the North line of T.L. 2100, 2Sll3A approximately eu� a West line of T.L. 2100 243 feet; thence l�lest along a North line of T.L. 2100 120 feet; thence South along a West line of T.L. 2100 100 feet;the ce East along a South line of T.L. 2100 50 feet; thence South along a ine of T.L. 2100 383 feet; thence East along a South line of T.L. 2100 approximately 190 feet; thence South along a West line of T.L. 2100 297 feet; thence East along a South line of T.L. 2100 approximately 146.67 feet; thence South along line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots 2100 and 2101, 2S113A and their extensions 1020 feet to the West right of way line of Interstate 5 (I.5); thence northerly along the westerly right of way line of Interstate 5 (1-5) approximately 2390 feet to the southerly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence northwesterly along said southerly right of way line approximately 1160 feet to the northerly right of way of Upper Boones Ferry Road; thence northeasterly along the northerly right of way line of Upper Boones Ferry Road approximately 660 feet to the westerly right of way of Interstate 5 (1-5) ; thence northerly and northwesterly along the westerly line of Interstate 5 (1-5) and southeasterly right of way line of State Highway No. 217 (Beaverton-Tigard Highway) approximately 7560 feet to the easterly right of way line of 72nd Avenue (a 105 foot right of way); thence i -2- ' ^ t southerly along said easterly line approximately 45 feet; thence westerly approximately 105 feet to the northeast corner of T.L. 701, 2S11D8; thence S 890051 W along the North line of T.L. 701 100.98 feet to the point of beginning. i , CITY OF TIGARD, OREGON ORDINANCE NO. 81-- 14„S A:ti ORGi`,\NCE CONFIRAING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JANUARY 12, 1931, WITH RESPECT TO S.W. 72ND AVENUE STREET IMPROVEMENT DISTRICT: APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET I2TPROVEMENTS, AS MODIFIED BY THE MOTION ADOPTING THIS ORDINANCE; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EV1ERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of January 12, 1981, 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 here- in in full, by the terms of which the boundaries of a proposed street improvement assessment district were described, and the Council declared its intention to construct street improvements and to assess the costs thereof against the property within the boundaries specially benefitted; and WHEREAS, by the terms of said resolution hearings were duly called to be held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on February 9, 1981, 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; and on March 23, 1981, at the hour of 8:00 p.m. for the purpose of hearing new evidence; and on June 1, 1981 at the hour of 8:00 p.m. for the purposes of hearing (- ` additional evidence and determining the scope of the project; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on January 21 and January 28, March 11 and March 18, and May 21 and May 28, 1981, prior to said hearings, and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on February 9, :parch 23 and June 1, 1981, at the hour of 8:00 p.m.; and WHEREAS, by the terms of said resolution and publication, written objections or ;remonstrances from the owners of not less than 66-2/3% of property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66-2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; .HEREAS, all proceedings to date have been in conformity with 223-.38. 7 and 223.309 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City of Tigard, . and all procedures were regularly and lawfully conducted. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: y 4 wage 1 of 3 ORDINANCE NO. 81-�� t Section 1: That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on January 12, 1981, a copy whereof is hereto attached marked Exhibit "A" and by reference herein made a part hereof to the same egal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified, and confirmed, and the boundaries of the area known as S.W. 72nd $ Avenue Street Improvement District as heretofore described in said resolution, be, and the same are hereby, declared and fixed in accordance with said description, and as modified by the motion calling for the adoption of this ordinance as follows: Proposal "A". That SW 72nd Avenue be improved to the basic city standard 44 foot width curb to curb from just north of the intersection of SW 72nd Avenue and SW Upper Boones Ferry Road (Carmen Drive) southerly along SW Upper Boones Ferry Road to a point just south of SW Durham Road and southerly along SW 72nd Avenue to the city limit line and to the basic city standard 40 foot width curb to curb from just north of the intersection of SW Upper Boones Ferry Road (Carmen Drive) northerly along Std 72nd Avenue to just north of SW Varnes Road east of Std 72nd Avenue and SW Bonita, matching the existing improvement at 1:-5, through the SW 72nd Avenue intersection. Deductive alternates under this proposal shall include street lighting, rail- road crossing improvements, traffic signals and sidewalks along one side of the total length of the project. Proposal "B". That Std 72nd Avenue be improved to the basic city standard 44 foot width curb to curb from just north of the intersection of SW 72nd Avenue and SW Upper Boones Ferry Road (Carmen Drive) southerly along SW Upper Boones Ferry Road to a point just south of STJ Durham Road and southerly along SW 72nd Avenue to the city limit line and that SW 72nd Avenue be graded to a standard f- 44 foot road bed and paved to a 28 foot width without curbs and accommodating as much stormdrainage in ditches as possible. Deductive alternates under this proposal shall include traffic signals, railroad crossings and street lights. An additive alternate shall be an additional 6 foot width marked for pedestrian and bicycle traffic. Assessment distribution shall be as outlined in the engineers report and shall incorporate varying rates for different street sections. Property owner participation shall be limited, exclusive of right-of-way costs exceeding $50,000 to $1.3 to $1.5 million. i Section 2: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvement to be made, does hereby authorize and direct the { construction of street improvements within the boundaries of said SW 72nd Avenue Street Improvement District in conformity in all reasonable particulars with the plans and specifications by said resolution adopted and hereby ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and they are hereby, directed to proceed with final construction plans and invite proposals 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 the date set for opening the bids. The date and time for opening bids shall be fixed and determined by the City Engineer and such date shall be not later than June 1, 1982, at which time bids will be opened in the City of. Tigard, Oregon, City 1all, 12420 SW Main Street, all proposals to be then and there publicly read. Page 2 of 3 ORDINANCE NO. 61- section That all la;lds situated within the boundaries described on the attached r v FXHIBIT "A" are determined and declared to be a street improvement assessment district, and it is Further declared that each lot, part of lot and parcel of land E 4within said boundaries will be especially benefitted by said ivaprovements, and that the total 4`. , estiu:atcd cost of the project is $3,097,000 and that the assessable cost, not to exceed $1,500,000, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full, according to benefit against all lands within said improvement district, and that any [( grants or similar offsets in costs received by the City of Tigard will be used to further t increase the City participation and reduce the assessable costs. Section 5: The Tigard city Council finds that the SW 72nd Avenue Local Improvement ' District improvements are of the character described in ORS 223.205, and that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 - 287.510. Section 6: General obligation improvement warrants for the SW 72nd Avenue Local Improvement District are hereby authorized to be issued in the aggregate amount of $3,097,000. The warrants shall bear interest at the lowest rate that the City can borrow on the date of issuance and shall constitute a general obligation of the City of Tigard that shall mature on or before two years after the date of issue, but not later than June 1, 1984. Warrants shall be retired as funds are received in accordance with ORS 287.506. Section 7: the Mayor and City Recorder are hereby authorized to execute the described warrants in behalf of the City of. Tigard. Section S: That 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 emergency is hereby declared to exist, and this ordinance T shall become 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 two times by number and title only, this � ^�`day of 1981. Recorder ' L7 APPROVED: By the Mayor, this day of }/rry,p , 1981. 9 dlr rC .. FACE 3of3 uu ORUD:A. 'CE :.o. 81- 1 -� . _ t i CITY OIC T1GARD, ORI?CONI ORDINANCE No, 81-z .- Itis U?°.':i:1lAt4CE IMEATllINC. ORD:[CII NCP: Pio, 81-45P;.R`C.` fD(IDtG 'I'0 'l'td� 721411 I.Wi.'-t� LID DECLARING Isl �1usRGL'NCY,. s . ...._.__-___.._._,._..__,....._._._..Y__.____._...._ ._..___...__..____.__,.... . . . _..... ...... _.._._, t � � to adjust the r�idc 'L>(1EPX'AS, tl.s 'Tigard City Council Meds it econotatc.:My ad;an ageOti ad'j �. of ttte ro�-+d 1"+ecl under proposal. "At and ;B. For tj.,f� 77-Ltd Ati-e:nue LID.. 6 NOW, THEREFORE, THE CITY 0 TIGARD ORDAINS AS FOLLOWS- Section to Section 1 Paragraph 2 and 4 of ()t:di.tiat?cct 81-45 are tmendsl: to read as foliows� "Ilr—mosal "A". That Std 72nd Avenu-.2 be i.ml»:oved to the L_.sic city standard 401 foot- width curb to curb from just north of the intersection of SW 72nd Avenue and >'rl Upper Boones Ferry Road (Ca-r.-men Drive) southerly along SW Upper Boom_- Fer=— Road to a point just South of: SSd Dttrhsnt Road and Southerly along Std 72n�.Avenue to the cL_y limit line acrd to the basic cit; standard 40 foot wider curb to curb from Just north of the i-n:.e•::section of SW Upper Boones Fer_-: Road (Carmen Drive) nortlte:cly along SW 72nd Avenue to just north of StJ arnes Road east o= Std 72nd Avenue and S;,' Boxcita, matching the existing imp_ovement at I••5, through the. SW 72nd Av ra!e intersection. "Prouosal "B". That J4 72nd Averiv! be impre �ed to the basic city standard 410 foo widtl-i curb to :.u_b from just .north of the i.nteraect_on of SW 72nd Aveltue and SW Upper Boones Ferry Road (Crimen Drive) southerly along SW Upper Boo-nes Ferry Road to a point just sou ti, of SW Ditri-i al Road and southerly along SW 2r! .. Avenue to the city ii mi t line and t:ha t. SW 72nd Avenue be graded .to a s tan&.~e. 40 foot road bed arid paved to a 28 toot wi.cl:± �rithaut cL_bs and accommodatinz as much stortadrainaue iu ditches its possible. Deductive alternates under thls proposal shall include traffic eigctals, ra:llroae. crossings and street ligbts." Section 2: That inasmuch as it is necessary for the. peace-, health, and safety of the people of the City of Tigard that the said ir0provements as constructed with the least possible delay and -wid:, all cost spvi-ags incl_. .s3, an emergency is hereby declared to exist, and >'iai.s ordinance shall become effective up.-7. its passage by the Council and approval by the Mayor. Pt✓1 L;: the � C.,,... 1ti' vrlV pini VU; .. all {Gti members Dt�S@c? , �_ �Fter _?.CL? ?L' Y n5 fly 1i1q- ,� �nrt :"' o:;l jr, tli C'' _ _ d-,r A CorclFrr . Glx>7.-r. - "iw Mayor,. th i° ^._r{..T��t� �•-;` �! r.5�.:.,y,C:l�l.�,. � , 19SI. 1 Mayor . a`ts4a3l.[Vr1CfC 2: no. 8l� �� f fF4 EXHIBIT A L LEGAL DESCRIPTION OF L.I.O. Beginning at the northwest corner of T.L. 701 , 2SllDB; thence S 004' W along the westerly line of T.L. 701 122 feet to the northerly right of way of Varns Street (a 50 foot right of way); thence southwesterly approximately 51 feet to the northwest corner of T.L. 710, 2SIlDB located on the southerly right of way line of Varns Street; thence S 0409' E along the West line of T.L. 710 143.28 feet; thence S 89005' W along the North line of T.L. 800, 2511 D3 to an ns n ' i�h i e Son fpa3h /nnrrns+i9 r97 pr ,t ctanna� from the westerly right of way line of S.W. 72nd Ave.nu ; nenc southerly approximately 355 feet to the northwest corner of T.L. 100, 2S110C, which is --_ '€ocated-on—the•easterly' igtii: of way line of 74th Avenue'(a 40. foot rig - ht:hif._ � way); thence.southerly along the easterly right of way line of 74th avenue approximately 756 feet; thence N 88®48' W across 74th Avenue and along -the --.northerly- Iine of T.L. 800, 2Sl1DC 820.57 feet to the southerly corner of. - -T.L: 2000--ZS11DC; thence-N 41451' W .251.38 feet to the.northwesterly--comer of T.L. 800; thence southerly along the Test line of T.L. 800 approximately 440 feet to the nort%easterly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence southeasterly along said right of way line approximately 2000 feet to the southwest corner of T.L. 402, 2S112A; then-6n East along the South line of T.L. 402 approximately 400 feet to the northwest corner of T.L. 501 , 2S112A; thence S 0409' W 326.2 feet along the West line of _ T.L. 501 and its southerly extension to the northerly right sof way line of Bonita Road (a 40 foot right of way); thence southwesterly approximately 50 feet to the northwest corner of T.L. 1900, 25112A; thence S On- r- approximately iso feet to the southwest corner of T.L. 1900; thence S 55455'38" W along the northerly line of T.L. 1902, 25112A 163.11 feet to the northeasterly right of way line of the Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly f along said right of way line approximately 1000 feet to a point an the northerly line extendedof T.L. 400, 2511208; thence S 88°14'07" W along said northerly line approximately 458.9 feet to the northwest corner of T.L. 400, said point being on the easterly right of way line of the Oregon Electric Railway; thence � . southerly alongsaid right of way line approximately 2255 feet to the southwest E t corner of T.L. 200, 2S112DC; thence rl 88°29'35" E 316.61 feet to the southeast carnet of T.L. 200; thence s 00052`460° E 253.15 feet to a point on the West line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 1900, 251120 approximately 380 feet to the easterly right of way line of the Oregon Electric ?ailway; thence southwesterly 153.8 feet to the northerly right of way of Fanno Creek Place (a 40 foot r=ight of way); thence southwesterly approximately 41 feet to the northwest corner of T.L. 1301, 2Sll3A; thence southwesterly approximately 480 feet along the West line of T.L. 1301 and T.L. 1200, 2S113A to the southwest corner of T.L. 1200, said point being on the northerly right of way line of Durham Road (a 60 foot right of way); thence S 29052' W 60 feet to the southerly right of way of Durham Road; thence southeasterly along said southerly right of way approximately 245 feet to the northerly right of way of Upper Boones Ferry Road (a 60 foot right of way); thence S 48017' W along said northerly right of way lineof Upper Boones Ferry Road approximately 165 feet; thence S 41043' E '.',7:7 -approximately 2.84 feet to a point on the :-lest line of T.L., 1100, 2S113A; thence -� -South along the West line of "T.L. ].100 approximately 230.feet; Bence West along the North line -of T.L. 2100, 2S113A approximately 185 feet; thence South along a West line`. of T.L.' 2100 243_feet; thence lest along a North 4ine of T.L.. 2100 120 feet; thence South along a'West line of T.L. 2100 I00 feet; thence East along a South line of T.L. 2100 50 feet; thence South along a West line of . T.L. 2100 383 feet; thence East along a South line of T.L. 2100 approximately 190 feet; thence South along a West line of T.L. 2100 297 feet; thence fast along a South line of T.L. 2100 approximately 146.67 feet; thence South along a West line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots 2100 and 2101, 2S113A and their extensions 1020 feet to the West right of way line of Interstate 5 (I-5); thence northerly along the westerly right of way line of Interstate 5 (I-5) approximately 2390 feet to the southerly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence norith4tiesterly along said southerly right of way line approximately 1160 feet to the northerly right of way of Upper Boones Ferry Road; thence northeasterly along the northerly right of way line of Upper Boones Ferry Road approximately 660 feet to the westerly right of way of Interstate 5 (1-5); thence northerly and northwesterly along the westerly line of, Interstate 5 (I-5) and southeasterly right of way line of State Highway No. 217 (Beaverton-Tigard Highway) approximately 756600 feet to the easterly right of clay line of 72nd Avenue (a 105 foot right of way); thence -2- f � o • southerly along said easterly line approximately 45 feet; thence westerly approximately 105 feet to the northeast corner of T.L. 701 , 2SllD3; thence S 89005' W along the North line of T.L. 701 100.98 feet to the point of beginning. EXHIBIT "A" t CITY OF TIGARD, OREGON ' Y'Y RESOLUTION No. 81 _ DEGL.ILRING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVBrfFaVTS WITHIN AN AREA DETER:KINED TO BE A STET D2ROVII`ENT ASSESSIfZNT DISTRICT TO BE R.N014N AS SOUTHWEST 72nd AV E AREA L.I.D. No. 21; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED: APPROVING AND ADOPTING PLANS = SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING Or NOTICE 7HEREOF. WHERE.93, the City Council has accepted a petition requesting street improvements and has ordered preparation of a preliminary engineering- report, pursuant thereto, at the Council's regular meeting of May 19, 1980, and WgEREAS., pursuant to Chapter 13.04 of Tigard Municipal Cbde, City Council finds it (:xpedient and necessary to order the improvement of the_ hereinbelow•described - Lands by'•construction of street-facilities and appurentances-thereto, 'and pursuant thereto the City's Engineer. has submitted to the Council .plans, specifications. and...._. :_ estimates for the work to be done and the probable cost thereof together with a -- - statement of the lots, parts of lots and parcels of. land to be benefited and the 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, THEFORE, BE IT RESOLVED BY THE CITY COliivCIL OF THE CITY OF TIGARD as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention'to improve the aforesaid Southwest 72nd Avenue Area by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and declared to be a street :improvement assessment district, to be known as "Southwest 72nd Avenue Area", and it is iurtrier declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated assessable cost of $2,718,026.12 for said improvements, shall be assessed in full, on--a combination front foot-area basis against all lands within said improvement district. (c) That the plans, specifications and estimates. with respect to the atreet improvements as submitted by the City's engineers be, and the same are hereby, adapted and ordered to be maintained on file by the City Recorder for public'inspection. (d) That Monday, the. 9th day of February, 1981, at the hour of 8:00 P.M., at I� Fouler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and the same are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. i =` RESOLUTION No. 81 x,, ;a �,• (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 1` January 21, 1981 and January 28, 1981. PASSED: 8y Council on this day of �Lst�,�tr, ,� � 1981. Mayor - City of Tigard ATTEST: Recorder - City. o Tigan Page 2 UtSOLUTIOU No. 81 - i . r CITY OF TIGARD, OREGON RESOLUTION NO. 82-22 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA { DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT PDISTRICT ROBABLE TTO BE KNOWN NAAS SOUTHWEST 72nd AVENUE AREA L.I.D. No. 21; } COST THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED: FICATIONS FOR THE WORK AND ESTIMATES OF THE APPROVING AND ADOPTING PLANS AND SPECI CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. r i WHEREAS, the City Council has accepted a petition requesting street improvements and has ordered preparation of a preliminary engineering report, p,irsuant thereto, at the Council's regular meeting of May 19, 1980, and 4 of Tigard Municipal Code, City Council WHEREAS, pursuant to Chapter 13.0 essary to order the improvement of the hereinbelow described finds it expedient and nec treet facilities and appurentances thereto, and pursuant lands by construction of s 1 thereto the City's Engineer has submitted to the Council plans, specifications and the probable cost therof together with a estimates for the work to be done and 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, p or lots and parcels of land shall be assessed on account of the benefits derived; and t WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD g as follows: t (a) That the City Council does hereby deem it expedient and necessary, declare its intention to improve the aforesaid Southwest 72nd Avenue and does hereby Area by construction of street facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and declared to be a street improvement assessment district, to be known as "Southwest 72nd Avenue Area", and it is further declared that each lot, part of lot and parcel of land within said boundaries will be i especially benefited by said improvements, and that the cos -way acquisition costs in excess t of $1,500,000 plus right- of of $50,000.00 for said improvements, shall be assessed in full, on a combination front foot-area basis against all lands within said 4 improvement district. (c) That the plans, specifications and estimates with respect to the street r improvements as submitted by the City's engineers be, and the same are hereby, adopted by the City Recorder for public inspection. and ordered to be maintained on file (d) That Monday, the 29th day of March 1982, at the hour of 8:00 P.M., at Fowler. Junior High School Lecture Room, 10865 S.W. Walnut, Tigard. Oregon, be, and the same are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby, uVcnTJ1TION NO. 82-22 ` i I (� (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 March 18, 1982 and March 25, 1982. PASSED: By Council on this 8 day of March , 1982. Mayor - City of Tigard ATTEST: Recorder City of Tiga RESOLUTION NO 82-22 32nd. :VP2'UE AREA L.I.D. No. 21