Legendary items have two "levels" you need to be aware of. The first one is the level your character must be to equip/use the item. In your case, the Burg Tools you crafted can only be equipped/used by a character who is at level 85.
The second level is the experience level of the item itself (how much xp the item itself has earned). ALL legendary items have an exp cap of level 60. A scroll of delving will increase that cap to level 70. That is the highest item xp level a legendary item can go to (only ONE scroll of delving can be used on a legendary item).
Just like TinDragon said, legacy tiers only have 6 levels (1 to 6). It is not possible to use a scroll of empowerment to go above tier 6 on a legacy.
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