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Resolution No. 79-72 CITY OF TIGARD, OREGON RESOLUTION No. 79-7.L- June 25, 1979 DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SANITARY SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN AS SEWER IMPROVEMENT DISTRICT 13 FOR S.W. KATHERINE STREET; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND i ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE 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 sanitary sewer improvements and has ordered preparation of a preliminary engineering report pursuant thereto at the Council's regular meeting of January 22, 1979, and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code the City Council finds it expedient and necessary to order the improvement of the hereinbelow described lands by construction of sanitary sewer 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, 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 aforsaid portion of S.W. Katherine Street by construction of sanitary sewer facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT All are determined and declared to be a sanitary sewer improvement assessment district, to be known as "S.W. Katherine 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 total estimated cost of $52,000 for said improvements, shall be assessed in full, on an equal share per lot basis, against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the sewer improvements as submitted by the City's engineers be, and the same are hereby, adopted and ordered to be maintained or. file by the City Recorder for public in- spection. (d) That Monday, the 9th day of July, 1979 at the hour of 8:00 P.M., at Fowler ' Junior High School Lecture Room, 10865 SW Walnut Streets Tigard, Oregon, be, and the same are hereby set as the time and place for hearing and considering objections or remonstrances to be proposed improvement by any parties aggrieved thereby. (e) That the City Recorder be, and she if hereby, directed to give notice by causing to have this resolution published in the Tigard Times, issues of June 27, 1979 and July.4, 1979. (f) Within ten days from the date of the first publication of the notice of this resolution of the owners of 66 2/3% 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 improvements. Dated at Tigard, Oregon this e _day of 1979. MayoXCity ATTEST: City Recorder - City Tigard 1 I RESOLUTION No. 79-__U B 6/25/79 6 EXHIBIT "A" S.W. KATHERINE STREET SANITARY SEWER LOCAL IMPROVEMENT DISTRICT BOUNDARY A parcel of land in Section 2, T-2S, R-1W, and Section 35, T-IS, R-1W, W,M.City of Tigard, Washington County, Oregon being more particularly described as follows: Beginning at the Southwest corner of Karol Court, a subdivision of record in Washing- ton County, Oregon, said corner being the Southeast corner of that tract of land recorded in Book 481, Page 26; thence S-89 23'-W 778.32' along the South line of last said tract to a point on the West line of Section 2, T-2S, R-1W, W.M.; thence N-00'45'-W 302.59' along the West line of said Section 2 to the Northwest corner thereof; thence N-00'30'56"-W 123.21' along the West line of Section 35,T-1S, R-1W, W.M. to a point on the North line of S. W. Katherine Street; thence N-89°29'04"-E 609.61' along said North right-of-way line to a point on the West line of that tract of land in deed to Robert A. and Patricia K. Durkee recorded in Book 1121, Page 341; thence North 200.64' along the West line of said Durkee tract to the Northwest corner thereof; thence N-89 29'04"-E 525.00' to the Northwest corner of, that tract of land recorded in Book 1221, Page 262; thence South 160.00' along the i East line of said tract recorded in Book 1221, Page 262 to the Northwest corner of that tract of land in deed to Thomas R. and Susan D. Westerby; thence N-89°29'04"-E 40.00' along the North line of said Westerby tract to an angle point in said North line; thence continuing along said North line in the northeasterly direction 135.00' more or less to it's intersection with the westerly right-of-way line of S. W. Tigard Street; thence southeasterly 200.00' more or less along said westerly right- of-way line to it's intersection with the North right-of-way line of S. W. Katherine Street; thence S-20`30'-E 45.00' more or less, to the intersection of the South right-of-way line of S. W. Katherine Street and the easterly line of that tract in deed to Anne Berard recorded in Book 1213, Page 908; thence S-18'20'-W 268.4' to the Southeast corner of said Berard tract; thence N-71'40'-E 324.3' along the southerly line of said Berard tract and the westerly extension thereof to the Southeast corner of Lot 10, said Karol Court; thence N-00'45'-W 70.00' along the East line of said Lot 10 to the Southeast corner of Lot 11, Karol Court; thence S-89'29'04"-W 279.00' along the South line of said Lot 11 and it's westerly exten- sion and the South line of Lot 1, Karol Court to the Southwest corner thereof, said corner being on the West plat line of Karol Court; thence S-00'45'-E 305.10' along said West line of Karol Court to the Point of Beginning. EXCEPTING THEREFROM: . Lots 1 and 11 Karol Court and that tract of land in deed to Dewey R. and M. C. Hamilton recorded in Book 789, Page 892 and that tract of land in deed to Robert Lee and Edna M. Webb recorded in Book„920, Page 84 Deed Records, Washington County,' Oregon.