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04/23/2007 - Packet TIGARD WATER DISTRICT BOARD of COMMISSIONERS MEETING Serving the Unincorporated Area Tigard Public Works —Annex 9020 SW Burnham Street, Tigard, Oregon } AGENDA Monday, April 23,2007, 7:00 p.m. 1. Call to Order, Roll Call and Introductions 2. Approval of Minutes—January 22, 2007 3. Visitor Comments 4. Beginning of Budget Process • Select Budget Officer • Appoint Budget Committee • Present Budget Calendar • Discuss Proposed Budget 5. Alpha Community Development Request —Brian Rager 6. Pending Asset Transfers —Dennis Koellermeier 7. Water Supply Update—Dennis Koellermeier 8. IWB Update—George Rhine/Janet Zeider 9. Non-Agenda Items 10. Set next meeting date—May 14, 2007, at 7:00 p.m. at Tigard Public Library, 2nd Floor Conference Room, 13500 SW Hall Blvd., Tigard • Budget Committee Meeting, 6:30 p.m. • Appointment of Budget Committee Members • Budget Message • Proposed Fiscal Year 2007/2008 Budget Discussion • Public Hearing and Discussion • Budget Recommendations and Approval 11. Adjournment Executive Session: The Tigard Water District Board may go into Executive Session under the provisions of ORS 192.660(2)(d), (e), &(h)to discuss labor relations, real property transactions,and current and pending litigation issues.If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions within this session are confidential; therefore nothing from this session may be disclosed by those present.Representatives of the news media are allowed to attend this Session, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. TIGARD WATER DISTRICT BOARD OF COMNIISSIONERS Serving the Unincorporated Area Tigard Water District—Auditorium 8777 SW Burnham St.,Tigard Monday,January 22,2007 7:00 p.m. Members Present: Beverly Froude, George Rhine,Janet Zeider, Marc Delphine (arrived 7:02 p.m./excused 7:39 p.m.) and Charles Radley Members Absent: None Staff Present: Dennis Koellermeier and Joy Koss Visitors: Kenneth Elkington and David Conachan(observers from Tigard High School) 1. Call to Order,Roll Call and Introductions The Tigard Water District meeting was called to order by the Chairperson Froude at 6:59 p.m. All board members were in attendance. 2. Approval of Minutes—October 23,2006 Commissioner Zeider motioned to approve the October 23,2006 minutes,Commissioner Rhine seconded the motion and the board voted unanimously to approve the minutes. 3. Visitors Comments -None 4. Update on Joint Meeting with Intergovernmental Water Board,Tigard and Lake Oswego City Councils—Koellermeier A joint pubic meeting of the Intergovernmental Water Board, and Tigard and Lake Oswego City Councils was held in early November. The Lake Oswego City Council did not realize how close to capacity their water system was operating. Since that time,they have completed their annual goal setting session and their number two goal is to resolve this water issue. The groups agreed to meet again. Dennis Koellermeier and the City Engineer from Lake Oswego presented to the West Linn City Council an overview of this project,pros and cons, and issues they will have because the Lake Oswego Treatment Plant is located in the City of West Linn. In preparation for a group follow-up meeting(to be held sometime in late April and hosted in Tigard),the next steps for this project will be to complete some additional technical data,refine cost data,present major findings and answer questions raised by Tigard and Lake Oswego City Councils. Tigard Water District 1 January 22, 2007 Draft Copy 5. Canterbury Property Discussion—Koellermeier Mr. Koellermeier stated this topic has been discussed historically and he thinks it now has reached the proposal stage for resolution. The timeline driver of this issue is the City of Tigard budget process. If the City of Tigard budgets to make this park and improvements,it would like to do it next year. Mr. Koellermeier reported he has started to put budget numbers together. He needs to know if this is going to be a viable project and what the costs are going to be so he can incorporate them into future budget activity. The Tigard Water District(TWD)board asked for a legal opinion on how to deal with this issue. The board received a letter from two consulting engineers that generally says this property s1hould be considered surplus. It is not needed for future reservoir or water use,with the possible exception of an additional ASR well. The TWD board has an agreement allowing easement to the Tigard House,a historical facility,on the corner of the Tigard Water District property. That agreement needs to be updated because the group that manages the Tigard House has changed names. They need to modernize their agreement. Instead of bringing it before this board,Mr.Koellermeier said he is slowing that process down until the final disposition of this property is determined. Does it make more sense for this property to continue to operate between the Tigard Water District and the Tigard House group or,moving ahead, should the Tigard House be part of the park and then the agreement would be executed with the City of Tigard. This is another outstanding issue that would be resolved. Mr.Koellermeier displayed a map of the site depicting the surplus property. The legal opinion indicates that the decision-making body for the property sale is actually the Intergovernmental Water Board(IWB). The IWB has discussed the issue and decided each member should consult the group they represent before weighing in on the matter. Mr.Koellermeier summarized his view of the IWB meeting,indicating there were two issues for the representatives to take back and talk to their boards about: 1) Should the IWB dispose of the property and 2) How would the money be dealt with. The proposal would be for the City of Tigard to acquire this parcel. After the IWB discussion,Mr.Koellermeier stated some IWB members had reservations about the current agreement which would allow the City of Tigard to acquire this site for free. He indicated he would be comfortable suggesting to the City of Tigard Council,if the boards want to move ahead with this,that the right way to proceed would be to pay the various members their proportional interest in the property. The IWP discussed what to do with the money. Mr. Koellermeier then turned to Commissioner Rhine for him to present his view of the IWB meeting. Commissioner Rhine indicated Mr. Koellermeier summed up the IWB meeting very well. The following highlights are from Commissioner Rhine's recap: • Is this site really surplus? If it is surplus,how should it be disposed of in an equitable manner for all parties? If funds are involved,how do we treat the funds? • There was a strong feeling that the assets of the water supply system ought to be constant. If land assets are sold,the proceeds should be allocated for future water system improvements. Tigard Water District 2 January 22, 2007 Draft Copy • No one thought it was a bad idea to make it a park. How should it be done? The general feeling was it ought to be some kind of equitable thing for all the parties,not just benefit the City of Tigard. • Tigard Water District's name is on the deed,but the property is pledged to the whole system. Commissioner Rhine stated he did not want to make a decision until the TWD board discussed the property sale. He will represent the TWD board at IWB. This issue is IWB's decision. It is not a question of having to go out and try to satisfy all people,but they did want to at leastyget some input. King City and Durham City Councils are also supposed to provide input. Mr. Koellermeier said he has given this issue some thought and research. He wanted to add that he and the Chair have had at least two discussions about this whole process and the issue is how to come up with a process that is win/win. The goal is to avoid an adversarial relationship on what should be a good news story that another park will be built in the community. To that end,Mr.Koellermeier sketched out the following process in order for the IWB to dispose of the property: • Agree on surplus property boundaries. • Have the surplus property appraised at fair market value for the highest and best use. In response to a question from Commissioner Radley,Mr. Koellermeier confirmed the property is zoned residential. Commissioner Radley then asked about the density and Mr. Koellermeier responded that he thought it was single-family residential and that zoning would support nine or ten houses. There was further discussion among the board members about zoning. • Have the appraiser do comparables and come back with a recommendation of what the property is worth. Commissioner Delphine asked if this would ever go to the voters. Commissioner Radley responded that he did not think it had to go to the voters and indicated voters are free to file a petition for a ballot measure. Mr.Koellermeier said that there was no legal requirement to put this decision before the voters. It could be initiated by the IWB or voter referendum. Mr. Koellermeier continued sketching out the process as follows: • The agreement that formed the IWB establishes a formula to determine which member owns what percent of an asset. The City of Tigard owns about 60 percent and the other 40 percent is distributed amongst the other partners,with the Tigard Water District being the second largest owner. Commissioner Radley looked at the Intergovernmental Agreement and clarified that the formula is determined by a percent of current consumption,percentage of current real market value and percentage of current meters. Mr.Koellermeier concurred and said the numbers have changed within a percentage or two from the original numbers. Tigard Water District 3 January 22, 2007 Draft Copy • The City of Tigard needs to pay the various partners for their portion of the asset, which is going to be around 40 percent of the appraised value. • The City of Tigard Parks Department would pay the City of Tigard Water Capital Improvement Fund for the City's share of the asset. A minor partition would be executed. • The TWD board would initiate a new deed for the surplus property. Commissioner Rhine concurred with Mr. Koellermeier and added that the general feeling was that the other participants would also have their funds go to the Water Capital Improvement Fund. The monies would be used for future expansion of the water system. Commissioner Rhine indicated the IWB agreement states if there was growth,that the costs be shared by all parties. Mr. Koellermeier added the current arrangement does not differentiate where water funds are spent;water customers have the same rates. That's really a condition of the system and the needs at the time. Commissioner Froude indicated she was just looking at the possible negatives and commented the Durham representative for IWB was only interested in putting money back into the system. Mr. Koellermeier thought that was best because members of the IWB do not have separate accounts in the water system—it operates as one big entity. As to Commissioner Radley's idea that Tigard Water District would be custodian of those funds,Mr. Koellermeier indicated he would have to give that a little more thought. He could see how the other members might not think that is right,in that they do not have a vote or control over the TWD's budget. In Durham and King City's case,while their percentages are small,they have an interest in the assets they got in the 1993 agreement and might have questions if all the proceeds were put into one member's account. Commissioner Radley asked if the Tigard water fund was like a locked box. Mr. Koellermeier indicated the water utility operates what is called an enterprise fund and by definition it can only be used for operation of that utility. It is a self-standing,self-supporting operation. It currently has no debt. It is regulated by state law. Commissioner Froude referred to Mr. Balfour's opinion about how the City of Tigard dealt with Menlor,the Clute property, and the extra land. Mr. Koellermeier indicated the difference between the Menlor and Clute properties is that the Clute property was purchased after the IWB was formed. Any future asset purchased is a system asset. The Clute property was bought to solve an access issue. Mr.Koellermeier's recommendation to all the boards and the City Council is go with Canterbury's last appraisal price. This appraisal is a couple years old,but there is not enough change in value to pay for a new appraisal. The Parks Fund buys the asset from the Water Fund and the money goes into the Water Capital Improvement Fund. Commissioner Rhine asked if the Parks Department and the Water Department maintain an arm's length relationship. Mr.Koellermeier responded that financially the departments have. Tigard Water District 4 January 22, 2007 Draft Copy Mr.Koellermeier clarified the process. The surplus property boundaries should be determined first and then the property appraised. The proposal is that the City of Tigard will pay other TWD members their proportionate share of that appraisal. Commissioner Rhine commented that the City of Tigard would need to pay its portion also. The City of Tigard's share needs to go through a financial transaction,truly making it an arm's length relationship. It will be an IWB decision on how to handle those assets,but Commissioner Rhine's feeling is the funds will be held in abeyance for future capital improvements. (Commissioner Delphine was excused from the meeting.) Commissioner Radley expressed his concern about putting total reliance on the appraisal of one individual appraiser. Since this is a public asset,he wondered if it was worth getting a couple of appraisals. Mr.Koellermeier indicated an appraisal will cost approximately$3,000. What he has experienced in buying other park lands is the seller and buyer would mutually agree to an appraiser. Mr. Koellermeier suggested the IWB be given a list of names of appraisers and let them see if they can mutually agree on one. The TWD board could hire an appraiser. Commissioner Froude thought Commission Radley's point was valid and suggested to Commissioner Rhine that it be brought up at the next IWB meeting. The board and Mr.Koellermeier agreed a motion was not required. 6. Water Supply Update—Dennis Koellermeier Mr. Koellermeier stated he had previously talked about Lake Oswego. The timing of the Hagg Lake dam raise option is still July. For the first time in the history of Tigard,both ASR wells are being charged at the same time. Most of the water being injected into the ground is non-contract water from Portland at the rate of 20 cents a hundred gallons. Mr.Koellermeier indicated the issue he pushed the hardest in the Portland negotiation was posturing the contract in such a way to get inexpensive water in the winter. There was no logic for us to get cheap water in the summer,but there is logic in the winter when it is surplus. The City of Tigard is probably going to be the only wholesale customer that can really exercise that right in the ten years of this contract. Mr.Koelleimeier also reported several minor improvements are working their way through the system, such as pumps being changed out. The design level for the Price property reservoir is at 35 percent and the land use process will start next month. In response to a question from Commissioner Froude,Mr.Koellermeier indicated 20-25 people(mostly neighbors)attended the local meeting. People are glad to hear there will be a park. No one wants to live through the construction of a reservoir,but they realize that is the price of having a park. Permitting of street improvements is now in the hands of Washington County. The City of Tigard will have to find out what the conditions of approval are going to be for Bull Mountain Road. Mr. Koellermeier indicated he would bring a color rendering of the project to the next meeting. In response to Commissioner Rhine's question about the elevation of the Price reservoir,Mr.Koellermeier said the overflow will be 555 feet,which means ground level is about 560 feet. Tigard Water District 5 January 22, 2007 Draft Copy In response to a question from Commissioner Froude,Mr.Koellermeier said the reservoir would take up about half of the site. The site will be tested for an ASR well before the reservoir is built. If it tests positive,the reservoir will be built first,then the park, and then a corner of the property will be fenced off to drill an ASR well. The result will be three major public uses for the 2 1/2 acres. Commissioner Radley asked why the ASR well would be built after the park. In response, Mr. Koellermeier said the concept is to drill the hole, set the casing and then cap it until the reservoir is done. Only a small piece of the property is required for the ASR building and pump station. The intention is to drill the hole and get the casing in place to protect the geology ply so as not to damage the ground during excavation of the reservoir. The plan is to get the reservoir built,get the park operational so people can enjoy it and then come back the following year with the ASR well. In response to a question from Commissioner Rhine about the reservoir's capacity, Mr.Koellermeier said it will be 3 1/2 million gallons. Commissioner Froude asked if the reservoir would help with rates. Mr. Koellermeier responded it doesn't do that,but it does remove about half of the demand on the High Tor system. The pinch is in pump run times and more storage is needed in that elevation. In response to a question from Commissioner Froude about pressure,Mr.Koellermeier said pressure will probably be the same,with a minimum pressure target of 35 pounds and a maximum pressure of 110 pounds. The system is designed so that anything that goes over that, at the neighborhood level,will be handled with pressure reducing valves to reduce high pressure. The low pressure is a function of elevation and the reservoir and ties will be built at such an elevation to always have that minimum pressure. In response to Commissioner Froude's concern about keeping the public informed about this project,Mr.Koellermeier indicated a communication plan was being prepared for this project. Mr. Koellermeier wants to keep the project in the public eye. In response to a question from Commissioner Radley about the energy study, Mr.Koellermeier indicated there have been two energy upgrades to the water system. Both of them dealt with the replacement of inefficient pumps with more energy efficient pumps. Both energy upgrades were funded 100 percent by the Energy Trust of Oregon. Mr.Koellermeier indicated a report would be put in the next packet on that issue. Two other issues currently being worked on are sustainability and fuel. Mr.Koellermeier said he would also put a memo in the packet that deals with biodiesel fuel. Commissioner Froude asked if Public Works would be monitoring the fluoride issue at the legislature. Mr.Koellermeier indicated that is constantly being monitored and continued to say the City of Tigard increased its legislative presence this year. Issues are being monitored with the legislature at the City level and specific water issues with professional groups such as AWWA and Oregon Association of Water Utilities. During the legislative session, Mr.Koellermeier will provide updates. Commissioner Froude commented updates need to be announced in the City's newsletter so the public knows that Mr.Koellermeier is aware of an issue. Tigard Water District 6 January 22, 2007 Draft Copy 7. IWB Update—George Rhine/Janet Zeider No discussion took place on this topic. 8. Discuss 2007 Annual Conference—Special Districts Association of Oregon Mr. Koellermeier asked if any board members were interested in attending this conference being held February 8 through 11 in Corvallis. He indicated money had been budgeted for one or two members to attend. He pointed out most of the issues on the agenda were general governmental issues,rather than water specific issues. Commissioner Froude said the board continued membership with this organization for insurance reasons. She indicated no one has ever participated in any of the conferences. The board proceeded to discuss the conference agenda. Mr. Koellermeier indicated he would contact Commissioner Delphine directly to see if he would be interested in attending. 9. Non-Agenda Items Commissioner Rhine addressed the Tigard Water Board 2007 Meeting Schedule indicating the May 28th and December 24th meetings need to be rescheduled or cancelled. Since the May 28th meeting is in the middle of the budget process,the board decided to reschedule it on May 14th and cancelled the December 24th meeting. Commissioner Froude indicated that reelection of the board members needs to be addressed and Mr.Koellermeier indicated staff would provide the necessary information to the board members at the next meeting. 10. Set next meeting date—February 26th at 7:00 p.m.,Public Works Annex,9020 SW Burnham Street,Tigard No discussion took place on this topic. 11. Adjournment Commissioner George Rhine motioned to adjourn, Commissioner Janet Zeider seconded the motion, and the board voted unanimously to adjourn the meeting at 8:09 p.m. Joy Koss, TWD Recording Secretary Date: Tigard Water District 7 January 22, 2007 Draft Copy 111111 lig 0 NE MEMORANDUM TIGARD TO: Tigard Water District Board of Commissioners FROM: Michelle Wareing, Management Analyst RE: FY 2007-08 Proposed Budget DATE: April 13, 2007 Attached is a draft of the TWD FY 2007-08 Proposed Budget. I have calculated TWD's revenues and expenditures for current fiscal year, 2006-07. These calculations are done to arrive at a beginning fund balance for FY 2007-08. I have also projected the revenues to be received in FY 2007-08. At the April 23rd meeting, the Board will need to determine its proposed expenditures for FY 2007-08. Once the Board has set these, I will finalize the Proposed Budget. The Proposed Budget will then be discussed and approved by the TWD Budget Committee (both Board members and citizen members) at the May 14 meeting. Finally, the Board will need to adopt the FY 2007-08 Approved Budget by resolution at its June 25 meeting. Tigard Water District Proposed Budget Fiscal Year 2007-08 Actual Actual Actual Actual Adopted Account# Est Actual Proposed Approved Adopted FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 Resources FY 2006-07 FY 2007-08 FY 2007-08 FY 2007-08 Revenues $13,125 $13,091 $13,310 $13,116 $14,500 One Percent Water Sales $15,475 $15,500 1,609 1,179 2,123 2,334 2,500 Interest Earnings 3,800 3,700 $14,734 $14,270 $15,433 $15,450 $17,000 Total Revenues $19,275 $19,200 $0 $0 57,794 67,851 79,217 89,815 94,836 Beginning Balance 90,076 86,568 $72,528 $82,121 594,650 $105,265 $111,836 Total Resources $109,351 $105,768 $0 $0 Expenditures $0 $0 $0 $0 $0 Total Personal Services $0 $0 $0 $0 Materials and Services $780 $0 $0 $3,362 $20,000 Attorney $2,000 0 0 0 0 10,000 Consultant Services ' 0 0 0 0 0 0 Financial Reveiw 0 0 0 0 0 Engineering Services 494 1,304 1,684 8,883 12,000 Meeting/Staff Support 14,573 1,274 1,304 1,684 12,245 42,000 601000 Professional/Contractual Svcs 16,573 0 0 0 1,152 0 1,442 0 0 Election Costs 3,500 0 0 0 0 0 0 0 63,316 Misc 0 1,152 0 1,442 0 63,316 613000 Special Department Expense 3,500 0 0 0 0 42 0 0 300 620000 Office Supplies&Expenses 50 777 100 150 155 150 Meeting Notice 200 0 0 0 500 2,500 Public Relations 500 777 100 150 655 2,650 621000 Advertising&Publicity 700 0 0 0 0 0 0 20 20 622000 Fees&Licenses 20 120 120 120 120 150 Special District Assoc Dues 120 120 120 120 120 150 623000 Dues&Subscriptions 120 0 0 0 54 38 49 59 600 624000 Travel/Food&Lodging 75 0 0 0 0 500 625000 SDAO Annual Conference 0 1,300 1,300 1,390 2,090 2,300 632000 Insurance 1,745 $4,677 $2,904 $4,835 $15,189 $111,836 Total Materials and Services $22,783 $0 $0 $0 0 0 0 0 Total Capital Outlay 0 0 $4,677 $2,904 $4,835 $15,189 $111,836 Total Expenditures $22,783 $0 $0 $0 0 0 0 0 0 Contingency 0 0 0 0 $4,677 $2,904 $4,835 $15,189 $111,836 Total Appropriations $22,783 $0 $0 $0 67,851 79,217 89,815 90,076 0 Ending Fund Balance 86,568 105,768 0 0 Total Appropriations and Ending $72,528 $82,121 $94,650 $105,265 $111,836 Fund Balance $109,351 $105,768 $0 $0 4/16/2007 3:05 PM Tigard Water District Budget Calendar FY 2007-08 April 2, 2007 Submit Newspaper Ads to Community Newspapers For publication on April 26 and May 4. April 23, 2007 Board Meeting Select Budget Officer Appoint Budget Committee Discuss and Finalize Proposed Budget May 14, 2007 Budget Committee Meeting-Approve Budget Receive Budget Message and Proposed Budget Public Hearing and Budget Discussion Approve Budget May 21, 2007 Submit Public Hearing Notice & Summary of Approved Budget to Community Newspapers. For publication on June 14. June 25, 2007 Board Adopts Budget and Makes Appropriations '1 r IR MEMORANDUM TIARD TO: Tigard Water District Board FROM: Brian Rager, Assistant Public Works Director RE: Request for Release of Easement and Agreement Bull Mountain— 153rd Associates LLC DATE: April 13, 2007 Attached is a request from Bull Mountain — 153rd Associates LLC, asking the Tigard Water District (TWD) to release their interest in: 1) a 50-foot wide ingress/egress easement; and 2) an "Agreement for Temporary Water Connection". The easement (Attachment 2) was granted to the TWD in 1963 and the temporary water connection agreement (Attachment 3) was recorded in 1971. Both documents were in place to protect water service connections for parcels now fully contained within the new Kramer's Meadow subdivision (Attachment 6). The subdivision is currently under construction and is awaiting plat recording. For reference, Attachment 7 is a copy of the tax assessment map that shows Tax Lots 1600, 1601, 1605 and 1700, of Tax Map 2S1 08AB. These four parcels make up the new Kramer's Meadow subdivision. The homes that once existed on these parcels have been removed, along with the old water service lines that served them, as a part of the subdivision infrastructure construction. The new subdivision contains a new public street with public water, sanitary sewer and storm water lines. There is no further need for the 50-foot wide ingress/egress easement or the temporary water connection agreement. Before the Developer can record their new plat, the easement and the agreement will need to be released by the TWD. I therefore recommend the TWD Board, by motion, approve the request and execute the attached Statutory Quit Claim Deed. This document was prepared by TWD legal counsel. Attachments: 1) Request from Bull Mountain— 153rd Associates LLC, dated March 7, 2007 2) Copy of original ingress/egress easement 3) Copp of Agreement of Temporary Water Connection 4) Copy of a portion of a title report showing both documents impacting parcels that help make up the Kramer's Meadow Subdivision 5) Copy of Record of Survey No. 30,448 showing the ingress/egress easement 6) Copy of the proposed Kramer's Meadow Subdivision plat 7) Copy of Tax Map 2S1 08AB showing existing tax lots in question 8) Copy of proposed Statutory Quit Claim Deed 0 March 7, 2007 Manager Tigard Water District Re: Release of Easement and Agreement Dear Sir or Madam: Bull Mountain-153RD Associates L.L.C. is the owner of the property to be developed as the subdivision called "Kramer's Meadow" located on Bull Mountain Road at S.W. 153rd Avenue in Washington County, Oregon. I am requesting that the Tigard Water District release allii rights and interest created by two documents described below since our development of the property will eliminate the need for them. The first document is a 50 foot wide ingress and egress easement in favor of the Tigard Water District. The document that created this easement was recorded in Deed Book 505 Page 13 on January 21, 1964. The second document is an Agreement of Temporary Water Connection to the Tigard Water District. The document that created this agreement was recorded in Deed Book 844 Page 64 on November 19, 1971. It is not clear if this agreement is still valid or has been made moot by later actions by the Water District but our title company recommended that we request that it be released also. I have enclosed a copy of these two documents for your reference. I have also enclosed a copy of the exceptions page of the current title report along with the tax map showing parcel IV which is the parcel affected by these two documents. I have also enclosed a copy of Record of Survey filed as Survey No. 30,448 for the subject property and the pending plat of "Kramer's Meadows" for your reference. Please do not hesitate to contact me if you have any questions or need any further information. Your prompt action on this matter would be greatly appreciated so that the plat may record. Sincerely, II Mount.' - sociates, L.L.C. 1--), ao-- Je ry M. Palmer, Ivl m be �1 �r • 1. • 1 fi . :i1 1' i1 _ t. ,-si iia iiT - --- _...... ..... ._....u_ T::L'. 2 -_,..,.,-_.':.:, :L::_ ..,.audi.•:::•J. '`u�aiCM ZLL C, :11.."1;2: i.-:.i;:i::ai.L,Via- - i:u:sband and tai€e,'acreina€ter called the grantor, in consideration or Cno Dollar and othergood_and valuable consiceration, to the,'gra:tfor•paid, by the T10tRJ WATER •; `` ' ' - J:C!_R_CT, •a public• corporation, h.:relaafter.called.the grantee, dies hereby 'grant __ oai.gain and sell and convey unto the Said grantee and grantee's assigns, an E<1SE- • • I'ZET for purnoaes. of egress and•ingress over and across the folleirirg, described - real• property, situated in the State of Oro„oz}, .and the County of.I•tashiagton, to-wit: ' A portion of the:Nox'E:finest quarter of the;Northeast euarter of. �h _ .. .:_..__ •"--.--__-Seciba;0 ::Tcathi,_•j_; o ith: 't:i-1_feat; Ti. A:;-i ,:Treahi gto t • �•!---=`. - • 11 County, Oregon,'more.liarticularly described as follow i. • " :Beginning et, e.iioint:75'feet oLtn of•the.'SoutheasC corer. : .1 . _•_' :.oi''t}iri�:.i,act o -;raa:._.coiivo ed-.to-=7.eslie-� li ct.!u, 1 • recorded September ltt 1961, in Deed Book 471, page. 331,, running thence, East parallel to the South line'bf`the Northwest quarter E a'' :- of the' hortheast cuerter;50 feet; thence^North.parallel"to tl:e' ' a •1 a' .o - . •_ Nest line.of,•the`Nor.in net„quarter OT`the Idortheast Quarter• to - G , -•a ° 4. ' the center. Ao. of S. If. :lull .ntain tioad;. thence 'NorthTwesterly, " • .1 - .,'along•the center line of said road 50,feet, store,or loss, to a : ,1 - -. point which-is-- North'Of•:the'Northeast corner of said Nunn _ 1 ' Tract;...thence.South`:o the.point of:beginning. ,,i . To.:ilave:and to Hold the above described'a:id'granted premises unto,the. ' said.grantee-and grant'ee's"assign, f6ttever. - U • :fir. .,.. • • • /N•WITh3SS TMER Or, the.saic' str ties 'rave hereunto.sat their hands-and • i i . : — ti_. .seals_in.;duplicate.on.;thte__ . ,.4._.:d ,. :: l.Septenber,.'963.- _ • : \ ,G�• • nmay_ _- _ __-_ _ .. _ .i.1 l---...n.-74.• . .y 4e (SEAL) • c s` ec /:" / • •br.:v::ECON' Count of T�ashin;ton ss., ` ,.. . ., Y ) �, pte>»bcr,.. ..:. 1563' :....,. •. . • I , I. • ' ?_-son ally appeared •tlhc•a:tove named;.i01Wa 7: BUSHNELL to IS 7• S i*m 11 - i1Di L. BU,:...:Lt., •• • E::::b nd• and :•rife, 'and'•acknot'i•ledgei the zoregoi:.3 idStruiiont`=to 'bc..'�it'oi'r`vo'luiirary'act :::!::aceel, i �.,r. ` �:...:.. k Seiorc: i ` `; "• ''is:, , . -; / 6. •• .. •. .. .•' C,t ^, 4,..,..‘1•••:t.:;'•..;....4. .- J[{i._:. • ' . <; •• __. I?...::._.-y ::ubl_c ro 0 1 EOn '"_ /' "— • t l'"' .: c • i' 1?'f Ey Commission ,....‘::? c CC../.:J 4i--e ' • A3� 1 - t� 1=13^._ .--••; /- .- 'sLru. .` :---- --- 1 - _r . — ='n7oi ': ' - c - ,,,. 7 .N.! ;r 'f , 1' _e: of:y s-i r _ ;a. - .• — . m r:, -,'+"• r I x . '- • • r , = 2780 (J:.h •. ; ; TIGARD WATER DISTRICT AGREEMENT OF TEMPORARY WATER CONNECTION V ` ii ,� We, the undersigned, Ronald R. Aiken and Mike W. Lee, deeded owners of f• �,1 _;� t-.2.;?,,:? the described property herein, do hereby agree and consent that the meter ! -y, .r' installation to serve water at 15330 S. W. Bull Mountain Road is a temporary ....4;',•4,1r "` connection only and is for our immediate convenience. it is further agreed that when and Lf a water main extension As laid slang ;.'::;'•; +t an avenue, street, or right-of-way paralleling the frontage of the property ::•,, • r.1't'{ ''`' described below that we, the undersigned, will pay our fair share of the %�' total cost of the line extension and the expense of meter relocation. -i.•.} �y�'r` • This is a covenant running with the property. path; `. ,,? ra rive,#,' i� '^. A portion of that tract of land in the Northwest quarter of .,A`° �� {: :, the Northeast quarter of Section 8, T2S, R1W, W.M., Washington -"t � County, Oregon, conveyed. to Maude L. Bushnell by deed recorded ' �; .. 28, 1964, in Book 507, page 322, Washington County, 'f" n t' ' February P B 6 � .+� � Oregon Deed Records, said portion being more particularly described ib as follows* 4,` �rs ri ti 14.110t Beginning at the moat westerly Northwest corner of that tract of e- - J.f x`: land conveyed to Arthur N. Wilson, et ux, by deed recorded August --i'''‘ 0gg� - 28, 1969, in Book 755.E gage 148, Records of Washington County, - air • Oregon; thence South 0 OSS West along the West line of said '! x Wilson tract, a distance of LSO feet to the South line of said x`t - Northwest quarter of the Northeast quarter of Section 8; thence rye , Westerly along the said South line of the Northwest quarter of the Northeast quarter of Section 8, a distance of 210 feet, more • or less, to'a point which is 50 feet East from the East line df { vKs * that tract of land conveyed to Leslie 1.. Nuou, at ux, by deed recorded September 10, 1962, in Book 471, page 331, Washington ' ,r, � County, Oregon Deed Records; thence North parallel with the East > �r;4;.r 7'�` lige of said Nunn tract, a distance of 150 feet; thence North 7� .; • 89 511 East, a distance of 210 feat, more or lass, to the point 4,11',11.,-'.',: . *� s of beginning. S We;rthe undersigned, do covenant that we are lawfully seised of,the here- 3 fgW1.1r� inabove-described real property and that we heve the lawful right to con- a40Wr vey same, and that we will warrant sad defend the title thereto against .the lawful claims of all persons *�`-;t ' w�; rr l•y�yy, t Date; October 29, 1971. p.--t'..,,V1,-..,c:,--•'!'''•,-• Y�y t t TzIG ' ',,,4%5,7.i'' '!,:' ;'01',..':-y� STATE OF OREGON . ) "*i ty r - ) es • ter r COUNTY OF ) ++ter""w' 41 `. "" t 88 it rse`Ambered, that on this day of �, 1971, before me, �'',:A '"." t 1 aidCounty • the oedersigned, a Notary Public in and for sand State, personally • appeared the within named and ^ 1 j- knows to me to bhf'the identical individuals doscrl$ed in and who executed-4i s 1 within instrument and acknowledged to me that they executed the lame freely ' ;!} and voluntarily. Fk r { ' • IN TESTIMONY WREN, I have hereunto set my hand and affixed my official ` Br • t seal the day last written. t, ' ." Notary • Publlt for Oregon a:•• `a4.r4 �+ -:. � BAOK 8414 PAGE U� My =mission expires ,,J.-. ,.4, .....:' 11 0 �.. u. 1.,, 1 • I r 4 • .. Jia 4'•i t?.?.;.'41 :t k ;` yat ':•Jai' . 4� t., ''4 _ I. s' ti: 'i 1 i1 • `i Fi;f r f fiJt; x6,".1.4,•;:-),'.--....',..• t-'1'''y b S 1 yS s, 5 } •,,,,,,'),•,....,;•:‘,!.,-::' •m• Y ' ^kr://1 .fiyyl,', ,d.s�f �s ,Tt r r d �.. -r;�'`R'1,t } c � '''',,ti, ?t y t� 3 ,....4 •,.::',- ••:- vas. „�s a S...e 1...-.b,.:X �.xl t ,, 1C r 278() >7t..I,s,eewrd::/!'// aft--' 5: F , ,7� , STATE OF OREGON Iewh a. MOOR lr 018 ".1.1!""86.6 e.t.a.' !' err fi' ,)KlyDePwf ��� COUNTY OF WO Prin .to riizlt T _ ISL IT REMEMBERED that on this Third day of Houma/tar ,19-71—, I -...,-,.,'••1,,,"=,..f,;.. before me,the,tmdenlguod,a Notary Public In and for said County and State, personally appeared the within named 1 `jam r r ( ,„,ii IQgold R Aiken ,who ie hewn to me to be the e.,. rir. - 5 Identical W1101101.desalbed In and who executed the within Inrintment andaelmowledged to me that_he_executedthe - ( •' un///tom,i 4 ;r { •{ qi CI •oltsOkr W7iEREOO,there hereunto set my hand and official seal the day and year last above written. (� .inns 11 1975 i, tis`` -,•t } • ,Notary public for Oregon My Commission Expires , ts:%;,•,q,;.�l'IV 65 �J tom , e,.»,r as B �' " ma I fpS xi -.4 -.Fr ur r } `jj -1..7, a J3 r.. ..e Y fr . r f . Z.!.:.'/A-144:.‘',.......'^',•', t [ ;„,,,y:.,,,.2 .0 c 1,.;,,,,,7,-,,,..Xis ry h J ; y�r.a F . 1tt `'S,3', .3�J'�--i:,` �,1 � Ktstq:gS 0 i d,J 5.., ;. t . ,-i t- i .,.ii •I,.r --L .j 4 f f• if f f�i•• } �"•2 F K Y •••4 yli 44 t (; T 3;,,"k S t .-M Ae } .F uJ '� f {t..L..,J 3, � yr �4 iy+4" �1�'fY '-'�'z- -f-t,f[.^'• - --r*--'- ti Z ,`,xrLl J E'� , x •}d'a"y x /. ..''� i..;;;,;'ti.. ''' •.`,''4'n";„ ."-'•'4'''''''''Ca''. 3 t w : rl v a 1 a. r.jxs y" tSk, rt ;x. ai 4r;ii -G., , " ..J:hCC„ f ..„..:1!.....,Fi,,'.' 1Kri"1"R1 • • 3};i+r1}i) 1. � i p • Rr Cyt .. r t t r a r ,,6_ Order No.: 427457 DESCRIPTION See Legal Description Attached Hereto GENERAL EXCEPTIONS (Standard Coverage Policies only) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by ng inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments or other facts which a correct survey would disclose. 1 5. Any lien,or right to a lien,for services,labor,material,equipment rental or workers d pcompensation heretofore or hereafter furnished,imposed by law and not shown by the public records. SPECIAL EXCEPTIONS 6. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. 7. The rights of the public in and to that portion of the premises herein described lying within the limits of streets,roads and highways. 8. An easement created by instrument,including terms and provisions thereof; Dated: December 5, 1962 Recorded: December 13, 1962 Book: 477 Page: 73 In Favor Of: Portland General Electric Company,a corporation For: Utility purposes Affects: The South 10 feet of Parcels II,III,IV and V 9. A geasement created by instrument,including terms and provisions thereof; Recon e : January 21, 1964 Book: 505 Page: 13 In Favor Of The Tigard Water District,a public corporation For: Ingress and egress Affects: The West 50 feet of Parcel IV running North to Bull Mountain Road 10. Agreement,including the terms and provisions thereof; Recorded: November 19, 1971 Book: S44 Page: 64 By and Between: Ronald R.Aiken and Mike W.Lee and Tigard Water District Affects: Parcel IV 11. An easement created by instrument,including terms and provisions thereof; Recorded: June 30, 1972 Book: 875 Page: 179 In Favor Of: . John J.Bushnell,et ux For: Ingress and egress over a portion of Parcel IV 9014711746.rdw t 300 1400 _._ ` 76 Ac • M 8.W P• •$.rt 290.0 f • " C.S.7193f 1 900 1800 1 .112.4c. l h 45 O fSV A l _S��. `� iS"• - _0- 166.F* ia , b . Z$-- '-LJ11LL _.. .42j x 0 --' SQr6 X164 !11;02 - - N> \ik\ N.I • '� 1 .9i6Ac. t l �� \ f- - t l NI\\ _` is, — •_ — '''d1 1603 4' 4P • 7.n4-II I « 1 p 32` 4m 2r s �E .' `` i 63Ac. t :.21 F « 1900 .. Zi 40„. I 1604 4/914' •--3 V l •N • r w 30-w .60Ac. n , I. - �.'4 ,� .66Ac_ a r.• iO • t r t s 00 fay _ ,91.0 N�'� 'S = ff•.•sf•E f— — - - -► res .C.R.2475 zw 14 s fr • .• L.9.L ' 1700 ' 1601 1901 1 *y.i 23 70 Ale. r oidre • ' s9.4C_ % / 1904 0 0 0 o • w .664c M y t ... 1 O r 9tt h A , • F' _ •' t �b 1 2 .•S►E j__s.ssf Ea9 O - t 210 Or•WC ' KS . 41-323 -. — CS.4265 1605 ' • .0744. SEE MAP N 2 S t BAC Chill _. . i e qt, • s • • CHICAGO. TITLE . • This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct.the company assumes no Nability for any foss occuning by reason of reliance thereon. Map No.2S 1OI 01601 cttaCAG0 tmE COmPArtr hoot S.E. ROAD CLActu u►s. stats Ct-S- MONUMENT REFERENCES [70]FOUND 5/8'I.R.IN CONCRETE 24.90'RIGHT OF RECORD OF S U R VE Y [I]FOUND 5/8'I.R. HELD FOR CENTERUNE INTERSECTION.SET PER CENTERLINE S.W.BULL MOUNTAIN RD.SET PER(3). (3).STATION 44+42.88,ANGLE POINT NO.3,PER S.N.23,997. SURVEY REFERENCES [I1]FOUND 5/8'I.R.IN CONCRETE 25.00'RIGHT OF A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION [2)FOUND 3/4'I.P.W/YPC INSCRIBED'WASH C.S:.HELD.SET PER CENTERLINE S.W.BULL MOUNTAIN RD.SET PER(3). ()(1) RECORD DATA PER S.N.2113. (13).STATION 49+15.24.ANGLE POINT NO.4,PER S.N.23,997. (')(2) RECORD DATA PER S.N.4,265. 8, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF NE WILLAMETTE MERIDIAN, [3) FOUND 5/8'I.R.29.80'LEFT OF CENTERLINE S.W.BULL (11)FOUND 3/4"I.R.IN CONCRETE. HELD. SET PER(3). ()(3) RECORD DATA PER S.N.4,708. WASHINGTON COUNTY, OREGON MOUNTAIN RD. SET PER(15). (13)FOUND 5/8'I.R. HELD. ORION UNKNOWN. ()(4) RECORD DATA PER S.N.7,193. ()(5) RECORD DATA PER EN.7,527. DATE OF SURVEY: AUGUST 3, 19, 20, 2006 ALPHA COMMUNITY DEVELOPMENT (4) FOUND 5/8'I.R.30.00'LEFT OF CENIERUNE.HELD FOR NORTH [14)FOUND 5/8'I.R. HELD. ORIGIN UNKNOWN. R/14 UNE OF S.W.BULL MOUNTAIN RD.SET PER(15). ()(8) RECORD DATA PER EN.9.906. 9600 S.W.OAK,PLAZA WEST,SUITE 230 [15)FOUND 5/8'I.R. HELD. ORION UNKNOWN. ()(7) RECORD DATA PER S.N.12,155. DATE OF MONUMENTATION: JUNE 8, 2006 PORTLAND,OREGON 97223 [5) FOUND 5/8'I.R.30.21'LEFT OF CENTERUNE S.W.BULL ()(8) RECORD DATA PER S.N.15,239. (503)452-8003 JOB NO.857-001 MOUNTAIN RD.SET PER(15). [16]FOUND 5/8'I.R. HELD. ORIGIN UNKNOWN. ()(9) RECORD DATA PER S.N.21,004. SURVEYED AT THE REQUEST OF: BULL MOUNTAIN/153RD ASSOCIATES LLC [6]FOUND 5/8'I.R.19.80'RIGHT OF CENTERUNE S.W.BULL (17]FOUND 5/B'I.R.W/OPC INSCRIBED'CONSULTING ()(10)RECORD DATA PER S.N.21,883. MOUNTAIN RD.SET PER(8). NENGINEERING POSITION. HELD FOR UNE S. SET NORTH1E ()(11) RECORD DATA PER S.N.22,622. E [7] FOUND 5/8'I.R. SET PER(8). PER RE ()(12)RECORD DATA PER S.N.23,499. SCALE: 1" = 60' NARRATIVE ()(13)RECORD DATA PER S.N.27,997. THE PURPOSE OF THIS SURVEY IS TO SURVEY AND MONUMENT DHE BOUNDARIES OF THE PROPERTIES DESCRIBED IN DEED DOCUMENT NO.97032352,DEED DOCUMENT NO.2004-011627,AND DEED 9001<911 PAGE 104, [6)FOUND 5/8'I.R. 24.88'RIGHT OF CENTERUNE S.W.BULL [18]FOUND 5/8'I.R.0.31'NORTH OF SOUTH LINE. HELD ()(14) RECORD DATA PER PARTITION PLAT NO.1995-006. WASHINGTON COUNTY DEED RECORDS FOR A FUTURE PLAT. MOUNTAIN RD.ORIGIN UNKNOWN.FOUND PER(8). E/W FOR WEST PROPERTY LINE. ORION UNKNOWN. ()(15) RECORD DATA PER PLAT OF'WONDER VIEW ESTATES'. THE BASS OF BEARINGS IS DE CENTERLINE S.W.BULL MOUNTAIN ROAD PER WASHINGTON COUNTY ROAD [9] FOUND 5/8'I.R.IN CONCRETE 24.95'RIGHT OF CENTERLINE S.W. [19]FOUND 5/8'I.R.W/OPG INSCRIBED"CONSULTING ()(16) RECORD DATA PER WASHINGTON COUNTY D.D.N0.97032352. RECORDS BETWEEN FOUND AND HELD MONUMENTS AT[1],AND[2],TAKEN AS SOUTH 7916'29'EAST PER S.N. BULL MOUNTAIN RD.ORIGIN UNKNOWN.FOUND PER(8) ENGINEERING SERVICES'. HELD. SET PER(14). ()(17)RECORD DATA PER WASHINGTON COUNTY DEED BOOK 911 PACE 104. 23,997,WASHINGTON COUNTY SURVEY RECORDS. BLE,AT OUND 5/8'I.R.W/AWMINUM CAP,UNREADABLE, ()(18)RECORD DATA PER WASHINGTON COUNTY D.D.NO.2004-011627. I USED THE RECORD BEARING OF SW.BULL MOUNTAIN ROAD EASTERLY FROM THE ANGLE POINT AT STATION [20]F LEGEND FOUND 5/E ANGLE POINT IN S.W.BULL EADBLE,RD. ()(19)RECORD DATA PER WASHINGTON COUNTY D.D.NO.97115265. 49+15.24 PER EN.23,997 TAKEN AS SOUTH 76'34'26'EAST TO ANGLE POINT NO.5,S.N.23,997,WASHINGTON MO• FOUND MONUMENT AS RPC RED HED FOR.1/16 CORNER. SET PER(2). S.N.12,155 ()(20)RECORD DATA PER WASHINGTON COUNTY 0.0.NO.2001103634. COUNTY SURVEY RECORDS. ♦ SET 5/8'x30'IRON ROD NOTED OPC RPC ORANGE PLASTIC CAPTIC CAP (7)ADDED ALUMINUM CAP._ALSO FOUND 1/2'I.P.S (1(21)RECORD DATA PER WASHINGTON COUNTY O.D.NO.2001063092. I THEN ESTABLISHED THE NORTH PROPERTY UNE OF THE SUBJECT PROPERTIES,LINES IB)-)A)AND(A)-)J),BY 25'17'07'W,1.09'. 1)(22)RECORD DATA PER WASHINGTON COUNTY D.D.NO.2003-140592. OFFSETTING THE CENTERUNE OF S.W.BULL MOUNTAIN ROAD 20.00 FEET SOUTHERLY,PER S.N.23,997, INSCRIBED'ALPHA CON.DEV.' CA CENTERLINE RIGHT-ANGLE MEASURE. S.N. SURVEY NUMBER-WASHINGTON R/N RIGHT-OF-WAY ()(23)RECORD DATA PER WASHINGTON COUNTY D.D.NO.78023241. COUNTY SURVEY RECORDS PARTITION PLAT ()(24)RECORD DATA PER WASHINGTON COUNTY D.D.NO.2005-018807. I ESTABLISHED THE WEST UNE,IBI-ICI.BY RUNNING A UNE FROM THE FOUND MONUMENT,[13]THROUGH A PP. ()(25)RECORD DATA PER WASHINGTON COUNTY DEED BOOK 477 PAGE 73-74. PONT OFFSET 50.00'PER DOCUMENT NO.2004-011627,FROM THE FOUND MONUMENT[11]TO INTERSECT THE [%) MONUMENT REFERENCE N/S PART ()(26)RECORD DATA PER WASHINGTON COUNTY DEED BOOK 477 PAGE 75-76. SOUTH R/W LINE OF S.W.BULL MOUNTAIN ROAD AT(BI. )p) UNE/CORNER REFERENCE E/W EAST/WEST ()(27)RECORD DATA PER WASHINGTON COUNTY DEED BOOK 505 PAGE 11-13. PCE PORTLAND GENERAL ELECTRIC N0. NUMBER I ESTABLISHED THE SOUTH UNE EOFR THESLONG THE U LINE TO IN THE WEST RN MANNER.SINCE I.R. IRON ROD D.D. DEED DOCUMENT (')(2B)RECORD DATA PER WASHINGTON COUNTY DEW BOOK 844 PACE 64. ALLNORTHEAST ONE-S OF QUARTER IT THREE WAS PROPERTIES AR TTO SOUTH SHUN CALLTESXTETE UNE.NNEI DIDTTHHIIS BY HOLDING THE-QUARTER OF THE I.P. IRON PIPE C.L.F. CHAIN LINK FENCE ()(29)RECORD DATA PER WASHINGTON COUNTY DEED 8001 875 PAGE 179-181. FOUND MONUMENT[17]AT THE NORTHEAST CORNER OF PARTITION PLAT NO.1995-006 WHICH I FOUND TO BE YPC YELLOW PLASTIC CAP C.M.V.CONCRETE MASONRY UNIT ()(30)RECORD DATA PER WASHINGTON COUNTY DEED BOOK 912 PAGE 854-855. SOUTH 8930'05'NEST,0.39'FROM ITS RECORD POSITION,AND THE FOUND MONUMENT,[205 AT THE ()(31)RECORD DATA PER WASHINGTON COUNTY D.D.N0.98045484. CENTERLINE ANGLE POINT OF S.W.BULL MOUNTAIN ROAD WHICH IS ALSO THE 1/18 CORNER. I HERD MONUMENT 17, [18]FOR UNE E/W TO ESTABUSH 1E)AND MONUMENT[17]FOR LINE N/S AND THEN WENT DEED DISTANCE �-(44+42.88)(13) n ro j FROM ITS RECORD POSITION ALONG THE SIXTEENTH SECTION LINE TO ESTABUSH(F). X m I THEN ETA9USHED THE NORTH AND WEST UNES OF DEED BOOK 911,PAGE 104, _ Z "WONDER VIEW ESTATES" UNES IO-9))AND IDI-IE],BY RUNNING A LINE PARALLEL TO THE SOUTH + BOUNDARY UNE AT DEED DISTANCE FROM THE FOUND MONUMENT[13]AT ICI (1]� �_ (3E12/6.29° $79 '� I Pi AND FROM[0}INTERSECTED THE SOUTH UNE AS ESTABLISHED ABOVE USING THE TB' < < FOUND MONUMENT AT[78]FOR UNE. ry $ 29'"E 472.36'x(3 .4 N FF'"BASS 0, 236)_ IN 4 't I THEN ESTABLISHED THE EAST UNES OF THE SUBJECT PROPERTIES IN THE I H .17' [3 .471., ^ ESTABUSH THE EAST LINE OMANNER. I RANF DEED DOCUMLINE FROM EENNT NO.2004-011627 TO THE FOUND M0NUMENT,AND THE9EASTT r9i PPT LINE OF PARCEL II OF DEED DOCUMENT NO.97115365.I THEN WENT DEW �, �� 14.58' 1; 5 DISTANCE FROM IF)TO SET THE NORTHEAST CORNER,(G],OF DEED DOCUMENT (8} (11 79782r WMO)•[21 IH I;' S.Iy, 367,08• + 6 ± BOUNZi DARY,WITI H A UNESECTED A UNE RUN OFFSETFROIg R_ NO.2004-011827. USING THE OUSAIDD EAST LNE1200TNE FEETOUTH WESTERSLY ESTABUSHED EAST LINE OF Y. BV '$• RIGHT ANGLE MEASURE,PER DEED DOCUMENT NO.97115265,TO ESTABLISH)H). 6'WOOD FENCE DO STA IA N�'?W E(1`Tq�N ROgp (S)8. F A THE SOUTHEAST CORNER OF DEED DOCUMENT NO.97032352. I THEN ON UNE X ESTABLISHED THE NEST UNE OF PARCEL II OF DEED DOCUMENT NO.97115285 B 48+94.50 181.96' `_- 78428' E. y (14/.90)(7$ AND CORNERTHE OF THHEUNE PROPERTY,)JL BY UUNNNG AED DOCUMENT NO. 7UNE352 FROMAND )N)THROUGH THE H 25.00'RT. [JI `6'E ) „4 '742.13' FOUND MONUMENT,[10]TO INTERSECT THE SOUTHERLY RIGHT-OF-WAY UNE OF DEED DOCUMENT /�--L'�50'HIDE INGRESS/EGRESS EASEMENT STA 52+50.69[4] S.W.BULL MOUNTAIN ROAD AS PREVIOUSLY ESTABLISHED. NO.2004-051099 I- ' / PER DEED BOOK 505 PAGE 13,DEED 7/[1001 51 PER 875 PAGE 179-181,AND DEED , [ST ,Q 19.�RT. [5] S1.rs 10 BOOK 912 PAGE 854-855. STA 51+10.81 [A B 1 [6] 8^Fi 50+98.82 ' 24.95'RT. STA 52+39.01 STA 24.90'RT. TQN (71 elm I 24.66'RT. 52+60.3 \-- 0 1- 9cX ; 27.46'RT. DETAIL• "A" ALFA„ a, -^ DEED DOCUMENT 73 Z X ,,,, L. 1` NO.97932582 g W f N DEED DOCUMENT V Z a• O�„ ,W m NO.97116263 I- tit L'C.LF. g Z7 3= 2 RAIL SPLIT RAIL FENCE---��' •- a j O 1;3 DEED DOCUMENT • k'- y ON UNE 1 Z DEED BOOK 911 NO.2001083082 in r [v I LJ n PAGE 104 J .53.1% vn'd" 2$' DEED DOCUMENT % J • a{ p DEED DOCUMENT a NO.78023241 m g NO.2001-1L0692 1 2' 3'C.L.F.-1 3.6' 8'WOOD FENCE 3 a 30 31' N 67130'66'E to 3 y IDI�t % -�-� X , 12.10' 1/I 2.8'N S 8930'06'W 189.00' IICI'(13] IIjr 6'WOOD FENCE (NEST 189.00'X17) J [12)1N S 89'50'05'W 198.24' NI [G} N 4'C.L.F. X ON UNE \ _ _�3'C.L.F. -I I. 4'WOOD FENCE 6'WOOD FENCE siC) I0,. ON UNE ENCROACHES o„ iv,;..1 I 6'WOOD FENCE 8 X 8�i 18 a mON LINE CE__��.LL°�0 2.0' 10'WIDE UTILITY EASEMENT ON UNE DEED BOOK 911 i I Ig SIX n 6'C.M.U.WALLTO PGE PER DEED BOOK 1. o PAGE 104 589'20'22"E y DEED DOCUMENT ENCROACHES 30.00' 30.00' [74 I 43,10' I DEED DOCUMENT 9 477 PAGE 73 DEED DOCUMENT '[N° 1 NO.2004-011827 NO.2001108654 NO.78023241 b N 87'09'58"E 7.03' I'`15] [16 9R �"8m [ 10'WIDE UTIUTY EASEMENT TO PGE 'f' I REGISTERED 6'WOOD FENCE •11'„65 X'PER DEED BOOK 477 PAGE 73 1•6 10'WIDE UTILITY EASEMENT TO PGE PROFESSIONAL TRACT'A' I 'I PER DEED BOOK 477 PAGE 73 ENCROACHES\ �^ 69 3'GIF. �I �p i LAND SURVEYOR S.W.NEMARNIK DRIVE PARTMON PLAT - SEE DETAIL'A' 4'C.L.F. nI IBI' 10.00' i NO.1995-008 32.70 Da] l is r (EAST 189.00',17) 7.00' _L-- / j (WEST 210.00')(11 WASHINGTON COUNTY 'L� 189.98' 43A0 - �F 2'.39' SURVEYOR'S OFFICE 106.44' OREGON -- 189.14' 39.98 N B930'O6•E (171 450aY / (F} W. 010.a I1N ACCEPTED FOR FILING [20 [78](E 6'C.M.V.WALL ENROACHES CRAIG M.FORBES S.W.NEMARNIK DRIVE 439.12' TRACT^A' N PARCEL 2 , 25'GAP IN FENCES 2739 (N 89'50'05'E 439.50')(4) PARTITION PLAT 3 RAIL SPOT RAIL FENCE ON LINE (N 8931'00"E 439.50')(2)(3)(10) PARCEL 1 NO.1888-006 >< VALID UNTIL 12-31-07 '\ \ SHEET 1 OF' 1 417-401 . ,....E . , , . _ . --1 ©LRBE waw. K R AM E R'S MEAD 0 W RECORDED AS DOCUMENT NO. p�I ©iR3,33ar F>3mr3 r •reNi4lmor3 3 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 8, 3X°5 © rvggrwat[76WrrsZEAT79il1E'.9 TOWNSHIP 2 SOUTH, RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,' vi I^,I ��7F'Si:3'xiF?9�FRflCl�:rt¢r+a"lib3[r9 4i1GR:9iL'i3 B l FII•.wlNrxn40) T 1 WASHINGTON COUNTY, OREGON - IMRIWTRIIGINZ��gayr],5 muirEwyy_;_,_X.�,_:�r,u][!g DATE OF MONUMENTATION: ALPHA COMMUNITY DEVELOPMENT $ - i .mu 9 I.a,r it - �NamN,OREGON 9�i� R S 772.04''E [a te x:11111 9CL?:FT➢iD67IM,Rrrsn NMESIT (Ng ux-8x3 "y� -s S'W BULL �OMMITGRRt!�fl11MITI 11•••sN:�9ir7iFTis PLAT NOTES N N >2oJ• $i`` MOUNT FOUND MONUMENT REFERENCE TABLE I. ALL LOT AND TRACT LANES ABUTTING PUBUC STREETS AND THE NORTHERLY S. ATN ROAD g [1]FOUND 5/8"IRON ROD WITH ORANGE PIA5WC CAP INSCRIBED'COIOORO ONES OF LOTS 6-10 ABUTTING TRACT'A'ARE INJECT TO AN 8.00 FONT efl9 3448. '� X634 26,E '�. ENGINEERING SERVICES". SOUTH 69'x'OS'NEST,0.39'FNMA RECORD ALOE PUBLAC MUTT EASEMENT. J POSTE. SET PER PARTITION PUT NO.1a95-008. 2. THIS SUBDIVISION IS SJO.ECT TO THE CONDITIONS OF APPROVAL PER CASE -wy7 T_Q 7 h20.I4' .e 181.95. [2]FOUND 3/6'IRON ROD NORTH 00't9'12"EAST.431'FROM sOUTHNEST FILE NO.(SLW)2005-00201 On a SOARS P100102NG DEPARTMENT. \ .P 6 _, CORNER. ORIGIN UNWORN. F- vI 127.49 [3]FOUND 5/8"WON RO,NO CAP. HELD. ORICN UNWORN. 3 AND 17 ONTO S.D.BULL MOUNTAIN ROAD UNLESS AU1HO82ED BY M. THERE SHALL BE KO DRECT MOTOR VEHICLE ACCESS TO OR FROM E mi LU"" R 1 6.Pt.CE _ 27.00 ,),..5..r.1.43............„.._. • [4]iWND 5/8"WON ROD NW ALUMINUM CAP,UNREADABLE.AT CEI1TRAOL GOVERNING BODY HAVING JURISDICTION Cr SAID ROAD. j O 4,x9 SF hep,\� I8 wGIE PbNT 51 511.BULL MWNTA51 ROAD. IHF2D FOR SW1000ST COINER 4. TRACT"A'(PRIVATE STIR STALL BE JOINTLY OWED BY 111E RIMERS OF 4 }}.. •VCE =J 7 OF THE NgtMWEST OHE-0UARTEN OF ME NOtTHEA06 ONE-QUARTER OF AND Yj FI 4 •z72' $ [5) SECTIONS NIS CORNER). SET PER SURVEY N0.4265,ALUMINUM CAP Lon 6-9 0 MAINTAINED THE CONO A ST CONDITIONS.AND p 8 2].00'nI /,1 .[ \ ( RESTRICTIONS. SND TRACT IS SUBJECT TO A STORM SERER,SALUTARY ADDED PER SURVEY N0. 2.155. C1 97.33' '+.•�� 'g•. SEWER AND AN TRACT EASEMENT ro CLEAN WATER TY EASE ENA ITS [5]FOUND 5/8"IRON ROD IN CONCRETE.NO CAP,ON PROPERTY UNE 24.90' ENTITIES. SAID TRACT IS SUBJECT SUBJECT T AN C CESS SEMEN, ERI EJ 6 3 8931'00'W -/SS OEO63D�O+'i_DF�WAr `IGHT OF CENTERINE£W.DULL MOUNTAIN ROAD. SET PER SURVEY NO. ITS ENTIRETY. SND TRACT DI RCT"TO AN ACCESS EASEMENT OVER ITS W TCA. ENTIRETY FOR THE BENEFIT OF TRACT"B". p Z CR I 17 " . 5. TRACT"5"IS FOR A WATER QUALITY FACILITY,AND SHALL BE OWNED AND $ $ SI 5.708 SF MAINTAINED 51 THE VANIER'S MFADOW HOMEOMNFR3*SSOOASON. SAN 2 yJ LEGEND TRACT DRAINAGE ANDSUBJECT GDE1 TION EASEMENT TO arm WATERR OVER ISURFACE TS 4.en SF "� Z ♦ FOUND MONUMENT AS NOTED ENTIRETY. W m W FOUND 5/B"MON ROD NTH ORANGE PLASTIC CAP 6. SIE KRAMER'S MEADOW HOMEOWNERS ASSOCIATION IS RESPOISIRLE POW < g 96.53• lco 0SO8BE0"ALPHA COM.DEM' 9>.76' 0 a�I MAINTENANCE OF THE WAILS 51 TRACT'B". N 69'51'00"E • SET S/B"x 30"RON NCO VAR ORANGE PLASTIC CN' 0 8931'x•W 7. THIS PLAT IS SUBJECT TO OOVENNNIS.CODITION£AIA WASHINGTON COUNTY AS M $ F- NSCPIBEO'ALPHA COM.DEN' RECORDED IN DOCUMENT NO. WASOIGTW COUNTY W h '� W n • 3/8•x 30"IRON RO)NM ORANGE PLASTIC CAP DEED RECORDS. 8 $ N ?I0 DISOWNED"ALPHA COM.DEV.'TO BE SET NTH*TIE '--------1.1 $ 3 $ 3 • .N 16 try V TIME SPECIFIED IN INE SURVEYOR'S CERTIFICATE SET ON SF SQUARE FEET F-N "O:i " KEEN SF 6 V1 �" 5.311 S 0 m I. 5/C A 30"IRON ROI NTH ORANGE PLASTIC CAP SSE SANITARY SEDER EASEMENT TO CHEW WATER SERVICES M fO ; W O INSCRIBED'ALPHA COM.DEV."MONUMENT OFFSET 8.00' IO 8 W Z (UNLESS OTOENNSE NOTED)CN LOT UNE 10 BE SET WHIN SNE PUNIC SIDEWALK EASEMENT O Z \ 0411 1 96.22' L THE SNE SPECIFIED N THE SURVEYOR'S CERTIFICATE SET WE NEON CLEA RAN.EASEMENT TO WASRNCION COUNTY 0 p 3 5950'00"W N 8931'00"E "< p W p0 O P.I. PONT OF INTERSECTION " 2- • 5/9"x 30"IRON ROD NTH ALUMINUM CAP INSCRIBED W 0 I tO ALPHA COM.DEV."TO BE SET IN MONUMENT BOX IN [X] FOUND MONUMENT AS NOTED IN MONUMENT REFERENCE W O STREET NR*ITHE spar.Mspar.IN THE SURVEYOR'S TABLE 0 Z $ 4 'a $ TERIBICATE. OCT W g 4918 SIF 15 g N NARRATIVE DEED DOCUMENT 5.250 SF I. THE BWNOWY NND BASS OF BEARINGS AS SNOVM ARE PER H-Si NO. 2001063092 ,. "\ o.81) T,y WRVEY 514 30.448.1103X51010*COUNTY 501401 RECORDS Z N 98.75' 1 E $ 3 2. ME BASS OF BEARINGS IS BETWEEN FOUND MONUMENTS AT A .N 89'50'0$"E 189.00' t 5 8931'00•W '�T] P.I.6$ -6 9521' I THE SOUTHWEST CORNER OF THE NORTHWEST ONE-WARIER OF 0 7 y 13] 17 21 115, N 8931'11 E '�0 N 89'$0'0$'E THE NORTHEAST WE-QUARTER OF SAID SECTION B,AND TIE 0 rI ° 100.35• 1.1 516.65• as 4 12.00' SOUTHEAST CORNER OF THE 5OIN0ARY,TANEN AS SOUTH 89' 50'05"NEST. p0 8,6i 'S $ r 5210 w`� TRACT"B" $ $8 £ow sF b / $ $ ( REGISTERED \ O Z 9i 3.013 S " S.W. __LANE 97 t 4(11./ �WE �' 9 �I 55]45 6 PROFESSIONAL q']'/ si LAND SURVEYOR - • 91.16' rp TRACT £S93 BE t63.u' / Jaotl S"19-44.5 96040"W 293.46' d + 002.08' c 1 - - - - - - N''� I N 8930'00'E r o OREOON R 5 893005'W 1294.48' \ 30.00• $ C� u OO MICHAEL R.CA1E5 -KW- 9� 1290'/r.4.4: L 549ff @9.16' " NI 6.0P- -g E-< V` 8449 / ► 400• /I ► C 4\ ' * Z 10 SCALE: 1" u 3D' VwD UNTIE 0-30-07 VA%ABLE MOTH FEN AND WALL 5.00.., - 510E 550 8 0-14'1.\ ,G, g 13 I W p GRAPHIC SCALE EASEMENT TO BENEFIT PROPERTY .,tOo0 $ 10 .G"`\$ I " 5.473 SF I �3 0 g,"..,,,,--, � ADJACENT TO THE TEST PER 15.00 O >� 10 x N W //WASHINWNOORMIENI*COUNTY DEm RECORDS " M.00•NNE SSE $$ 4545 S 6 SOE k�,ST�SE�JL' ;I007 N S 0 r m 8 $ $ $ 93.951' 8 $" _�_.j N 5RJEOCS.--- a 0 Z 0 CI I- 6 -8 F ffg 8 $g D 0 SF k 58151705•w V t �. 08,5 $$ff O O W ti 8 $ stat S SOW SF £400 SIF $ D's PJ. x.x' 1=a3D.x' p z 0 g6 '" " " $$ 11 W$8 m 12 In v ,,t5 4.720 S $ 2 8 3 N £251 SF mZ b $- 38 2.50'4' '.� .�IN a 0z 199.13• 50.62• 50.00' YR 55.00' y 5000 94.66• 21.05• "27.00• 1 9569• [s7 [zl ['] Sax $ •---- g T S 8911051 P W 4. 980 INITIAL PONT R S.W. BULL S.W. NEMARNIK DRIVE PARCEL 2 DEED DOCUMENT MOUNTAIN ROAD TRACT"A" PARTITION PLAT FOUND 5/B"IRI RIR NIH GRANGE 510. 98045484 PLASTIC LAP INSCRIBED'ALPHA COM. NO. 1995-006 oEN' SHEET 1 OF 2 • N,_� I 1 a C 02 Cil N f /'6 i Ii !. II( . / 1! 11 �y r,',,,)—a-1 j3N$' 4�1 OSI 1S a r i s ,........,'4_1°,-t r. I. I D! ' g m Si / 8x ' e / � Aall 3i u ! 1. a.iu 8 8 ' I i ; .«.t w4) w Si gR - ' � �-___— _ _ — g N; IIIAO i b 3 Z1 4 p `CO o 'P"' L = .,• S W— s % - V - : . sa is V � Ti .. N 1 Qtilo o .,. / X 3f1N3 / i vl of a«. . r«. N y G / 1 R 3 N S ? F` ... --- z I 1. y - ( p -t $V F i/ w I ."1 .Yr $ - / ; i-I I ' < ' 8R ca /z'i--- :$EZ I ti / 'lax —. . : ` — k-- m« +-F., I y' i i 81 1 f '1 a_%l i% = dg4 '� 6_ 4 L MS �v •••.t. T11•0111.2 7 =yt J E h r, 1 AFTER RECORDING RETURN TO: Clark I. Balfour 1001 SW 5th Avenue, Suite 2000 Portland, Oregon 97204 UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: No change. STATUTORY QUITCLAIM DEED (ORS 93.865) The Tigard Water District a municipal corporation, grantor, releases and quitclaims to BULL MOUNTAIN— 153RD ASSOCIATES LLC, Grantee, all right, title and interest in and to the real property described on the attached Exhibit A arising from the easement created by instrument recorded on January 21, 1964 in Book 505, Page 13 of the Deed Records of Washington County, Oregon. Grantor further releases and quitclaims the covenants granted in the Agreement for Temporary Water Connection recorded on November 19, 1971 in Book 844, Page 64, Deed Records of Washington County, Oregon. The true and actual consideration for this conveyance consists of or includes other value given or promised which the whole consideration. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 197.352. DATED this day of April, 2007. Tigard Water District By: Beverly Froude, Chairperson Page 1 —STATUTORY QUIT CLAIM DEED I:\PW\BRIAN R\WATER\TWD\TWD-Alpha-Balfour-Quit Claim Deed.doc STATE OF OREGON ) ) ss COUNTY OF WASHINGTON ) This instrument was acknowledged before me on April , 2007 by Beverly Froude as Chairperson of the Tigard Water District. Notary Public for Oregon My Commission Expires: Page 2—STATUTORY QUIT CLAIM DEED I:\PW\BRIAN R\WATER\TWD\TWD-Alpha-Balfour-Quit Claim Deed.doc EXHIBIT A LEGAL DESCRIPTION Easement per Book 505,page 13, recorded January 21, 1964. A portion of the Northwest quarter of the Northeast quarter of Section 8, Township 2 South, Range 1 West, W.M., in Washington County, Oregon, more particularly described as follows: Beginning at a point 75 feet North of the Southeast corner of that tract of land conveyed to Leslie L. Nunn, et ux, by deed recorded September 10, 1962, in Deed Book 471, page 331, running thence East parallel to the South line of the Northwest quarter of the Northeast quarter 50 feet; thence North parallel to the West line of the Northwest quarter of the Northeast quarter to the center of S.W.;Bull Mountain Road; thence Northwesterly along the center line of said road 50 feet, more or less, to a point which is due North of the Northeast corner of said Nunn Tract; thence South to the point of beginning. Agreement of temporary water connection per Book 844, Page 64-65, recorded November 19, 1971. A portion of that tract of land in the Northwest quarter of the Northeast quarter of Section 8, T2S, R1 W, W.M., Washington County, Oregon, conveyed to Maude L. Bushnell by deed recorded February 28, 1964, in Book 507, page 322, Washington County, Oregon Deed Records, said portion being more particularly described as follows: Beginning at the most westerly Northwest corner of that tract of land conveyed to Arthur H. Wilson,et ux, by deed recorded August 28, 1969, in Book 755, page 148, Records of Washington County, Oregon; thence South 0° 05' West along the West line of said Wilson tract, a distance of 150 feet to the South line of said Northwest quarter of the Northeast quarter of Section 8; thence Westerly along the said South line of the Northwest quarter of the Northeast quarter of Section 8, a distance of 210 feet, more or less, to a point which is 50 feet East from the East line of that tract of land conveyed to Leslie L. Nunn, et ux, by deed recorded September 10, 1962, in Book 471, page 331, Washington County, Oregon Deed Records; thence North parallel with the East line of said Nunn tract, a distance of 150 feet; thence North 89° 51'East, a distance of 210 feet, more or less, to the point of beginning. Page 3 —STATUTORY QUIT CLAIM DEED I:\PW\BRIAN R\WATER\TWD\TWD-Alpha-Balfour-Quit Claim Deed.doc Revised 4/11/07 INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 07- 0 2— A _A RESOLUTION OF THE INTERGOVERNMENTAL WATER BOARD (IWB) RECOMMENDING TO THE TIGARD CITY COUNCIL THAT A PORTION OF THE CANTERBURY PROPERTY BE DECLARED SURPLUS AND ADDRESSING OTHER ISSUES RELATED TO THE DISPOSITION OF THE PROPERTY WHEREAS, a portion of the water facility known as the "Canterbury property" is not being used for water operations; and WHEREAS,the IWB has determined that potential future water system expansion/improvements on the unused property can be preserved by retaining an water easement on the southeast corner of the parcel; and WHEREAS, the City of Tigard has expressed an interest in purchasing the unused portion of the property in order to develop a park on the site; and WHEREAS,the Tigard Water District (TWD), owner of record for the Canterbury property,has authorized the sale of the property, at not less than the appraised value,to the City of Tigard for the purpose of constructing a park; and WHEREAS,the IWB serves an advisory role to the Tigard City Council; and WHEREAS,the IWB has identified several conditions related to the disposition of the unused Canterbury property. NOW,THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board as follows: SECTION 1: The Canterbury property,located at 10310 SW Canterbury Lane, Tigard, Oregon, (2S111BCO26000), shall be partitioned, generally as depicted on the attached map (Exhibit 1).That portion of the site after partitioning (hereafter, "the Property") that is not retained in fee for water system use shall be offered for sale as provided for in this Resolution. SECTION 2: The IWB recommends to the Tigard City Council that the Property, generally as depicted on the attached map (Exhibit 1), be declared surplus in accordance with City of Tigard surplus property procedures. Intergovernmental Water Board RESOLUTION NO.07- C�:._-. Page 1 of 2 SECTION 3: In any conveyance of the Property to any person the grantor(s) shall reserve not less than a 50-foot by 50-foot easement for future water system use in the southeast corner of the property, generally as depicted on the attached map (Exhibit 1), and a conservation easement for the area now leased to the Tigard Area Historical and Preservation Association,the easement to be limited to the sole use of maintenance of the historical John Tigard House and no other purpose. SECTION 4: The City of Tigard at its initiative and expense may conduct an independent appraisal and title search of the portion of the property that is offered for sale. The property shall be offered for sale at its fair market value as determined by the appraisal or by any commercially reasonable means. SECTION 5: The City of Tigard shall have the right of first refusal on reasonable terms,including a reasonable time limit within which the option must be irrevocably exercised,to purchase the unused portion of the Canterbury property at the appraised price. The appraisal shall reflect the value of the reserved easements as described in this Resolution as offsets to the present market value of the Property. SECTION 6: Any proceeds from the sale of the Property shall be credited to the Water Capital Improvement Project Fund. SECTION 7: The resolution is effective immediately upon passage. PASSED: This ( ( day of4-t" 2007. 1/t/ Bill Scheiderich,President Intergovernmental Water Board ATTEST: Greer Gaston, IWB Recorder Intergovernmental Water Board RESOLUTION NO.07-L> - Page 2 of 2 N_. ;� _1111 w I Canterbury °,, ,. ,s- ,s%\%.: ''lam . ' , sN i; ,,,,.- ,./. , ,././7:////,:./), . of// /i E. IIIIII ;, ;. Surplus 0,44 4 Easement Area Murdock I.?. N EXHIBIT A r'661 gl INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES This Agreement is made and entered into by the City of Tigard, an Oregon municipal corporation, (hereinafter "Tigard") and the Tigard Water District, a domestic water supply district existing under ORS Ch. 264, (hereinafter "District") . Tigard and District are jointly referred to herein as "the Parties. " Unless identified as "original, " District refers to the remnant district. RECITALS: 1. The cities of Tigard, King City and Durham (collectively the "Cities") withdrew from the original District effective July 1, 1993. 2 . Pursuant to ORS 222 .540, the District is obligated to turn over to the Cities its water mains, service installations, structures, facilities, improvements and other property in the area withdrawn from the District as it existed on June 30, 1993 , (original District) that are not necessary for the operation of the remainder of the water supply system of the District. 3 . The area withdrawn by Tigard was a major portion of the original District. Because of this, Tigard is entitled to a major portion of the original District's infrastructure pursuant to ORS 222.540. King City and Durham are entitled to smaller portions of the original District's infrastructure. Furthermore pursuant to ORS 222.550, should the District dissolve, Tigard will be in a position to obtain all of the District's remaining assets which have not been distributed under ORS 222.540. 4. With the assets and infrastructure obtained by its withdrawal from the original District, Tigard is creating a city water department. 5. The Cities and District agree that it is in their best interest if King City, Durham and the District were to be an integrated part of a water supply network receiving water service from Tigard's city water department. Tigard will receive revenue from water users in Tigard, King City, Durham, and the District, and with that revenue Tigard will provide the funds to pay for expenses incurred in providing water service. 6. The Cities and District agree that it is in their best interest to share authority for decision-making regarding the long- term water supply and capital improvement planning to serve present and future water customers of the original District. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 1 (12/23/93 - FINAL) 7. The Parties shall continue to prepare independent tax coordination plans. 8. Tigard and the District acknowledge that they have authority to enter into this Intergovernmental Agreement pursuant to the powers contained in Tigard's Charter, ORS 264.210 and ORS 190. 010. NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: 1. Mission Statement. The Cities withdrew from the original District with intent to take a more active role in planning and operating a domestic water supply system for the Southeast Washington County area in order to provide the residents of that area with the highest quality water service at the lowest possible cost. In keeping with that intention, the Parties to this Intergovernmental Agreement commit to working together to provide all of the residents and undeveloped property in the original District with a clean, economical water supply. The Parties further commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future long term water supply needs of the area. 2. Term. This Agreement will be in full force and effect until December 31, 2018, unless sooner terminated by one or both of the Parties. Either party may terminate this Agreement by providing written notice to the other party a minimum of ten years prior to the effective date of termination. Tigard recognizes that by this Agreement, it is assuming the responsibility to provide water to the inhabitants of the District for the duration of this Agreement unless a reasonable alternative domestic water supply is available to the District and the Agreement is terminated. 3. Intergovernmental Water Board. A. Tigard will establish an Intergovernmental Water Board (IWB) . The Intergovernmental Water Board will consist of five members. Members of the Board will be appointed by the respective governing bodies as follows: INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL) Tigard - One Member King City - One Member Durham - One Member District/Unincorporated Area - One Member At Large - One Member selected by a majority vote of the Other Members B. Intergovernmental Water Board Terms. (1) Initially, three Board members shall be appointed for a term of three years (from January 1, 1994 to December 31, 1996) and two Board members shall be appointed for a term of two years (from January 1, 1994 to December 31, 1995) . There shall be a drawing of lots to determine which Board members will serve two years and which will serve three years. Thereafter, Board members shall have two year terms. (2) Board members shall be appointed in December for the following two year term. Each term will begin on January 1. Each term will end on December 31 and each Board member shall serve until a successor has been appointed. Members may be re-appointed to succeeding terms. Vacancies may be filled in the same manner as a regular appointment. (3) Board members shall be an elected official serving on the respective governing body except for that member selected by a majority vote of the other members. Each respective governing body may appoint an alternate to attend meetings in the place of a regularly appointed Board member. The alternate shall be appointed in the same manner and must meet the same qualifications as the regularly appointed Board member. C. Tigard may appoint city officials as ex officio members of the Intergovernmental Water Board to assist the Board in its duties. They shall serve at the pleasure of the Tigard City Council and shall have no voting privileges. D. A quorum of the Board shall be three (3) members. All actions of the Board shall require at least three (3) votes, excluding abstentions. E. The Intergovernmental Water Board will make recommendations to the Tigard City Council on water service issues and will have the following responsibilities: (1) to make a continuing study of the rate structure of the water system. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL) (2) to consider and prepare plans for and make recommendations to the Council for a long-range operation and management program. (3) to investigate and study means of effecting economies in operation and management. (4) to review and make recommendations to the Budget Committee and Council on all budget requests for operation and maintenance. (5) to study and consider ways and means of improving the water system and services which it provides. (6) to study and make recommendations on Tigard's program for providing insurance for system assets and operations. (7) to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations. (8) to work with other agencies and jurisdictions in a cooperative effort to plan for the future water supply needs of the area. (9) to make recommendations to the Council relative to all of the above-mentioned matters and as to any other matters which the Intergovernmental Water Board may feel to be for the good of the water system, the overall public interest and for the benefit of the consumer. F. Power to Grant Variances (1) Except when prohibited by subsection 2 of this section, upon application, the Intergovernmental Water Board may grant variances from the water system rules and regulations enacted by the City of Tigard when it finds that: a) strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; b) the variance requested has no material adverse effect upon the water system and it is consistent with established policies of the Tigard City Council. (2) The Intergovernmental Water Board may not grant variances relating to annexation of property, fire protection requirements, cross-connection requirements, fees, rates and charges. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 4 (12/23/93 - FINAL) 4. Division of Original District Assets. A. Pursuant to ORS 222 .540 (4) , the District agrees that the division of assets after withdrawal from the original District by the Cities shall be consistent with the following concepts: (1) Assets include real, personal and intangible property. "Intangible property" includes but is not limited to: moneys, checks, drafts, deposits, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not including those "other assets" of Tigard. Personal and intangible property are system assets. Water mains, service installations, structures, facilities, improvements or other property necessary for operation of the City of Tigard's water supply system throughout the original District are system assets. b. Other Assets: Assets not necessary for the operation of the City of Tigard's water supply system throughout the original District. Other assets shall become the property of the jurisdiction in which the asset is located. Water mains, service installations, structures, facilities, improvements or other property not necessary for the operation of the City of Tigard's water supply system throughout the original District are other assets. B. All system assets and other assets shall be pledged by the Cities and the District to Tigard. All system assets and other assets shall be managed by Tigard and shall be utilized by Tigard in order to provide water services to properties, residences and businesses in the original District. C. Should one of the Cities or the District terminate its water service agreement with Tigard, the Cities' and the District's proportionate interest in a system asset shall be determined based upon the following formula: Jurisdiction's Proportionate Interest = (A + B + C) /3 A = Jurisdiction's Percentage of Current Consumption in original District B = Jurisdiction's Percentage of Current Real Market Value in original District INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 5 (12/23/93 - FINAL) C = Jurisdiction's Percentage of Current Meters in original District The Cities' and the District's proportionate interest in a system asset capital improvement shall be based upon the capital improvement's depreciated value. The depreciated value shall be based upon the useful life of the capital improvement under generally accepted accounting principles using a straight line method of depreciation. D. Upon termination of this Agreement, other assets shall become the property of the jurisdiction in which the asset is located. 5. Asset Ownership/Water Rates/Revenues. A. Tigard's Utilization of Assets. (1) The Parties agree that all system assets in which the Parties have an undetermined proportionate interest and all other assets received as a result of the division of assets after withdrawal from the original District by the Cities shall be utilized by Tigard in order to provide water services to properties, residences and businesses in the original District. The District's ownership interest in the assets shall remain though the assets are being utilized by Tigard, unless and until transferred to Tigard by agreement or operation of law. Tigard will maintain and insure the real and personal property assets it utilizes. The Parties agree to execute all documents necessary to allow utilization of the assets by Tigard. (2) Tigard agrees that it will maintain, preserve and keep the assets it utilizes in good repair and working order. Tigard may appropriate from the water fund all moneys necessary to meet this obligation. (3) Tigard shall keep the assets free of all levies, liens and encumbrances except those created by this Agreement or consented to by the governing body of the District in writing. The Parties to this Agreement contemplate that the assets will be used for a governmental or proprietary purpose by Tigard and, therefore, that the assets will be exempt from all property taxes. Nevertheless, if the use, possession or acquisition of the assets are determined to be subject to taxation, Tigard shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the assets. Tigard shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the assets. Where there is shared use of the INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 6 (12/23/93 - FINAL) assets, these costs will be shared in an equitable manner. (4) Tigard shall maintain (i) casualty insurance insuring the assets against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State of Oregon and any other risks reasonably required by District in an amount equal to at least the replacement value of the assets and, (ii) liability insurance that protects District, including its officers and commissioners, from liability arising from Tigard's operation of the water supply system in an amount satisfactory to District and (iii) worker's compensation insurance covering all employees working on, in, near or about the assets as required under the laws of the State of Oregon. Tigard shall furnish to District, certificates evidencing such coverage. All such insurance shall be with insurers that are authorized to issue such insurance in the State of Oregon, shall name District as additional insured and shall contain a provision to the effect that such insurance shall not be canceled or modified materially and adversely to the interest of District without first giving written notice thereof to District at least ten (10) days in advance of such cancellation or modification. All such casualty insurance shall contain a provision making any losses payable to Tigard and District as their respective interests may appear. Tigard may meet any of these requirements through a self-insurance program. Such insurance requirements may be waived in writing by the governing body of the District. (5) To the extent permitted by law, Tigard shall indemnify, protect, hold harmless, save and keep harmless District from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Agreement, the ownership of any asset or any accident in connection with the operation, use, condition, possession, storage or return of any asset resulting in damage to property or injury to or death to any person; provided, however, that Tigard shall not be deemed to be indemnifying District for claims arising from its own conduct. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the termination of this Agreement for any reason. B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in District shall be the same as those charged within Tigard. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 7 (12/23/93 - FINAL) and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied in both Tigard and the remainder of the original District, except that at the request of the District, Tigard will collect on behalf of the District additional charges imposed by the District on District customers. C. Moneys/Revenues. (1) Moneys and revenues for system capital improvement shall be held by Tigard in a fund dedicated solely for this purpose. (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the District to system capital improvement shall be used solely for system capital improvement by Tigard in accordance with subsection 5.D. (3) Moneys deposited in a reserve fund for revenue bonds of the water system are not a system asset and are not subject to the system asset distribution formula in Section 4 of this Agreement. (4) The Parties agree to develop a methodology for system development charges and to impose and collect such charges in their respective jurisdictions. If any of the Cities or District fail to impose system development charges as contemplated herein, then the other parties may elect to terminate collecting system development charges within their jurisdictions. The Parties agree that Tigard should collect the system development charges imposed by the District until such time as Tigard imposes its own charge. D. Capital Improvements. (1) (a) Capital projects shall be implemented in accord with a long-range capital improvement program supported by sound engineering analysis, in the best interests of water customers within the original District, ignoring city boundaries. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 8 (12/23/93 - FINAL) (b) The capital improvement program must be approved by the governing bodies of one less than the number of jurisdictions holding an ownership interest in the water system. A governing body may not unreasonably withhold consent if the program is supported by sound engineering analysis, is in the best interests of water customers within the original District and consistent with the goal of working together to provide all of the residents and property in the original District with a clean, economical water supply. If a proposed capital improvement program is not approved as provided for in this subsection, then the governing bodies of any two jurisdictions may request mediation under the provisions of ORS Chapter 36 to determine if approval of the program has been unreasonably withheld. (c) Tigard shall prepare and deliver to the District a proposed Capital Improvement Plan no later than June 30, 1994 for consideration by the Cities and the District. The District's Capital Improvement Plan dated June, 1993, will guide Tigard's spending on capital projects until a capital improvement program is adopted pursuant to subsection (b) . (2) The capital improvement program shall establish the location of a capital improvement whether within Tigard, King City, Durham or the District and shall distinguish whether a capital improvement qualifies as a system asset or other asset. (3) Capital improvements made subsequent to entering into this Agreement that are determined to be other assets shall become the property of the jurisdiction in which the improvement is located. For capital improvements made subsequent to entering into this Agreement that are determined to be system assets, the Cities and the District each shall have a proportionate interest in such "system asset" capital improvement's depreciated value. The depreciated value shall be based upon the useful life of the capital improvement under generally accepted accounting principles using a straight line method of depreciation. The Cities' and the District's proportionate interest in such "system asset" capital improvement's depreciated value shall be determined based upon the formula in Section 4.D. of this Agreement. (4) Should one of the Cities or the District terminate its water service agreement with Tigard, such jurisdiction shall have rights to the use of all system assets equal to its Jurisdiction' s Proportionate Interest as INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 9 (12/23/93 - FINAL) determined above. Tigard shall be provided reasonable compensation for any use of its water system necessary for the continued reasonable use of a system asset by a jurisdiction. If the asset is not essential to the operation of such jurisdiction's water system, Tigard may terminate such jurisdiction's rights in the system asset capital improvement by payment of a sum equal to the Jurisdiction's Proportionate Interest in the depreciated value of such system asset. (5) The Parties acknowledge that the water system currently serving the original District is an integrated system. To the extent that either Party should terminate this Agreement, the Parties agree to cooperate with each other and to enter into such agreements necessary for the continued reasonable operation of the resulting water systems. E. Long-term water supply contracts shall be entered into in accord with the best interests of water customers within the original District, ignoring city boundaries. Long-term water supply contracts must be approved by the governing bodies of one less than the number of jurisdictions holding an ownership interest in the water system. A governing body may not unreasonably withhold consent to a contract if the contract is supported by sound engineering analysis, is in the best interests of water customers within the original District and consistent with the goal of working together to provide all of the residents and property in the original District with a clean, economical water supply. If a proposed long-term water supply contract is not approved as provided for in this subsection, then the governing bodies of any two jurisdictions may request mediation under the provisions of ORS Chapter 36 to determine if approval of the contract has been unreasonably withheld. F. The District shall receive an annual rebate equal to 1% of the previous year's water sale revenue within the District for District expenses. In addition, Tigard, at the District's request, will appropriate and deliver an amount not to exceed $40, 000 from Tigard's initial (1/94 to 6/94) water fund budget for District operating expenses for the period from January 1, 1994 through June 30, 1995. Tigard will reimburse the District from water system revenues the cost of the District's Division of Assets study undertaken to fulfill the District's obligations pursuant to ORS 222.540. G. Accounting (1) Water activities will be accounted for in the same manner as other enterprise activities currently under the jurisdiction of Tigard. Expenditures directly linked to INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 10 (12/23/93 - FINAL) water activities will be recorded in the water fund. Applicable indirect charges will be apportioned to the water fund in the same manner as such charges are apportioned to other enterprise funds to properly reflect the costs associated with each activity. Tigard shall use generally accepted accounting principles applicable to utility enterprises for the recording and identifying of all revenues and expenditures made for the water system. The Intergovernmental Water Board shall review such allocation and methodology. (2) The accounting method used by Tigard shall, to the extent possible, document the use of assets by Tigard for non- water system activities. Use of assets by Tigard for non-water activities shall be funded from resources other than the water fund. H. The Parties to this Agreement shall not have the right to transfer ownership of or remove system assets or any interest therein received or kept as a result of the Cities ' withdrawal from the original District or any interest in system assets acquired during the term of this Agreement without written consent of the other Party. Neither the benefits received by the District nor the obligations incurred under the terms of this Agreement are assignable or in any manner transferrable by the District without the written consent of the City. I. No part of this Agreement shall be interpreted as a waiver of either Party's statutory rights upon annexation of territory. 6. Indebtedness. A. Each of the Parties shall be liable for their respective share of the debt, if any, acquired or retained as a result of the Cities' withdrawal from the original District. B. Tigard may incur, without the consent of the District, debt relating to the water supply system, provided payment of the debt is fee, rate or charge based. If the debt is to be paid for by means other than fees, rates or charges, Tigard must have approval and consent of the governing body of the District in writing prior to incurring such debt. The District shall be liable for its proportionate share of any debt for which it has given its written approval and consent. C. Tigard is authorized to perform the function and activity of incurring water revenue bond indebtedness for the water system by authorizing the issuance of water revenue bonds pursuant to ORS 288.805 to 288.945, as amended, for the financing of water system capital improvements. Such debt may be secured by a pledge of INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 11 (12/23/93 - FINAL) water system revenues, appropriate rate covenants, and mortgaging of water system assets. Tigard may not mortgage water system assets without first receiving the written consent of the Cities' and District's governing bodies. D. If this Agreement is terminated by either Party and indebtedness remains under Section 6.A. or has been incurred and approved by the District in manner described in Section 6.B. , District shall either: 1. Pay in full, within 60 days of the effective date of termination, its proportionate share of the indebtedness; or 2. Pay annually its proportionate share of the indebtedness as payment is due. 7. Services Provided By Tigard. A. Tigard will provide water to properties and customers in all jurisdictions equally. If circumstances require water restrictions, each jurisdiction shall share equally. The District may not sell water provided through this Agreement to a third party without the prior written consent of Tigard. B. Tigard will provide equally and in a manner consistent with the terms of this Agreement all services required for delivery of potable domestic water to properties and customers within the cities of King City and Durham as well as the territory of the District, including but not limited to system repair and maintenance, water distribution, new installations, system upgrades, and billing functions. Tigard is under no obligation to provide such water services to areas annexed to the District subsequent to this Agreement. C. District agrees that Tigard is empowered to use any right of condemnation possessed by the District that is necessary to provide water services consistent with the terms of this Agreement, and will take any action necessary for Tigard to exercise that right on the request of Tigard. D. To the extent that such agreements or contracts are transferrable, the District agrees to take the necessary action to transfer its water supply agreements or contracts with the City of Portland and the City of Lake Oswego to Tigard in order to facilitate the provision of water services consistent with the terms of this Agreement. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 12 (12/23/93 - FINAL) E. The District may use the former Tigard Water District office building for meetings of the District Board and for receipt of the Board's correspondence. To the extent that Tigard charges other governmental entities for use of the building, the District agrees to compensate Tigard a reasonable amount for use of the building. F. Tigard agrees to assist the District in preparation of budgets, organization and noticing of meetings and other administrative duties at the request of the District. The District agrees to compensate Tigard a reasonable amount for such assistance. 8. Rules and Regulations. A. The Rules, Rates and Regulations for Water Service Handbook, (November, 1992) , adopted by the Board of Commissioners Tigard Water District is attached hereto as Exhibit "A" and shall be deemed a part of this Agreement. B. The Tigard City Council may modify, alter or repeal the rules, rates and regulations in Exhibit "A. " Rules and regulations will be modified, altered or repealed only after the Intergovernmental Water Board has had the opportunity to study the proposed rules and regulations. The Intergovernmental Water Board is empowered to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations. The Parties agree to comply with the rules and regulations currently in effect and as hereafter adopted by the Tigard City Council, and water service to the District shall be governed thereby. 9. Extension of Service. A. Extension or modification of District's water distribution system shall be done only with prior written approval of District. Furthermore, Tigard will not make any extensions or service connections within King City's or Durham's Urban Growth Boundary without permission from the King City or Durham City Council. B. For the unincorporated area within the District, it is the governing body of the District which, subject to the rules and regulations specified in Section 8, has the authority to allow connections to the water supply system. C. Residents located within the District shall not be responsible for any expenses associated with efforts of the City of Tigard to withdraw from the Tualatin Valley Water District to reach the goal of having a single water purveyor for the City. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 13 (12/23/93 - FINAL) 10. Employee Benefits/Personnel. All employees of the Southeast Washington County Joint Water Agency shall become employees of the City. The City shall accept such employees with all existing benefits and salary, including, but not limited to, health, retirement, disability insurance, wages, vacation and compensatory time. Nothing in this subsection is intended to limit the City's authority to alter benefits or salary except as such authority is otherwise limited by this Agreement or by the provisions of ORS 236. 605 to 236. 650. 11. Annual Meeting. The governing bodies of the Parties to this Agreement shall meet annually with the Intergovernmental Water Board to discuss and consider issues related to this Agreement. The Intergovernmental Water Board and the Tigard Water Department shall issue an annual report on its activities to the Parties at this meeting. 12. Attorneys Fees. In the event any suit, action or other proceeding is brought with regard to this Agreement, or to enforce any of the provisions hereof, the prevailing party in any such suit, action or other proceeding, or any appeal therefrom, shall be entitled to reasonable attorneys fees. Attorney fees which are awarded pursuant to this Section may not be paid from the fees, rates and charges collected by Tigard for water services. 13. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 14. Ratification of this Agreement. Prior to the effective date of this Agreement, each Party shall enact a resolution ratifying the Agreement. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 15. Amendments. Any amendment to this Agreement must be approved by the governing bodies of the District and Tigard. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT — 14 (12/23/93 —FINAL) 16. Effective Date. This Agreement shall be effective January 1, 1994 . CITY OF.',T CARD, OREGON (/ Y Attest: BY _ Oval-Pt TIGARD WATER DISTRICT, OREGON jl Attest:*thc,a_A-Jeinny\A BY: 1/'" tigard\tigardWD.iga(12/23/93 -final) INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 15 (12/23/93 - FINAL) EXHIBIT 11A" ,e _ ~ ' : e1.4ft1,,'.etr7• . • • _ ' ; • • • / ... .. .. .r.RULES, • RATES, y (.l i, • • • . AND 1fyy} h )�i REGULATIONS _ xat f For Water Service 1r , , . . 'r f c•-Y "' iii r;Li'kv,...?Mr. / x , , November, 1992 " '"R„ '` , ' ,�' n\+ - t � r b y df,_y5, .. i fat ;' a.. qN rk 4t2 • ti, • ' , t.3 ''..;•;:.-',...7-;•;;,,'A -py • BOARD OF COMMISSIONERS , I S.r r , 1 'TIGARD WATER DISTRICT '' .•:::..-,,,....',.. ......j.r.,71'7.: , F • - /' Phone 503/639-1554 , t TIGARD WATER DISTRICT 8'777 '.; SW Burnham PO BOX 230000,:. ._'.,,;, i,,., NOVEMBER 1992 Tigard, OR 97223 Tigard, OR 97281-.1999 .• • r :`..� • ,.. • • ,-,'.i ;,51. ''.f `Lr. 1.Yr r i.;.;'.M 4i1 .K p• . - : ., ...--,1 -. '. .,, - ,-:..„-/'--.:•„-. ., ;' ....,.,.-,,,, ... . ,,, . ' - . ,_ , .. . . 1 . ".-.... .::.....,... ...., , . . , . '-?-. , , • • ••• . . . . . . . . . . . . • • , . . . • • . ' . TIGARD TO TI-IE PATRONS OF . . - • • WATER DISTRICT ••• 'TIGARD WATER DISTRICT BOARD OF COMMISSIONERS , ,. .. This Water District is a municipal corporation, • - -• -.- • . , : . . .: •• - ,• .. -. .• , ,.., .• • , incorporated under the laws of the State of . • • • - • . -• •-..- '.., Position Term . Oregon, and its operations are governed by law. It .•-. . . - -.... . . -. - .. . No. Expires is governed by a Board of Commissioners, duly .• • .•... . „ June 30 elected by the qualified voters of the District. . - • . •• • • Robert Wyffels; Chair. , ';-- " •-• 3',7 * 1993 ' • . - - Audrey Castile, Secretary 5 1995 The water supply and distribution system is the Clarence Nicoli,,Treasurer-. -4 . _ 1995 : property of the people of the District. • . Jon Kvistad 1 s 1993 . : - . 0 . • - . John T. Haunsperger 2 . 1993 ,• The Commissioners ask the cooperation of all : . patrons to insure observance of rules, protection - . of the system; and prompt payment of water bills. • Administrative Director Notify the District immediately of any condition' • . •• • Jeri L. Chenelle . needing correction. -...• . •• ,-,.-..•••,--,.-..-; •: . ,...', ''••-•'z . Superintendent,„ •-_-, , , ,-... ,:.,. - . The Board of Commissioners meets regularly on ' . • ','';',;'•", ;,i- •-•':. Randy J. Volk' .. r.'; • . the second Tuesday of each month at 7:30 p.m. at • - the District office. • . . . . .- ••• ... — ' .--- . •• ..• . - , , • . . , . . . ., ,....,.• . . . .. . . • . . - : .• •••••-. .....1- , 't•i.i-. . ' . ... . . .- . . • • . .-:::, •. i; , ' -• - ' • • • . .,. :.•,•, . . . . .•:','.', -; :;.-' .-. : •••••••:,•• •'... ..., • ' ' '.'• :-.;....-.••• ' -- ' :r. :.-:'.. ;,. --.,-i,r1.;_;;: ;,' 'L-. "-,..":,'..':.-.• I`:;:-. -...--,:',.. •: •--::,..-....- : ...,..... , .. •:.••••.:.:...., '.:.!:....;,',..::. ....)1 .2•,: .• ...... . • 011 . . 'JP. . . , - . - . ov. - . . 4 ,-:4-'f'�2 3 . I 1 ' RULES, RATES, AND REGULATIONS charges for these are shown in Appendix.1. The• . - of the ~ size of meter shall be determined by management. ' • TIGARD WATER DISTRICT District shall prescribe the number of buildings to • • be served from one meter and such determination shall be final. No user shall furnish water to any .: 1 • The Board of Commissioners has adopted the family, business, institution, or premises other than following rules; rates, and regulations for service those occupied by that user; provided, however; . . in the Tigard Water District. - that the Board may permit a user to supply others • ` • through user's service connection, in which event Section 1. Application for Service. No service. such user will be charged an additional monthly- will be supplied or water furnished to any premises minimum for each additional user so supplied. : except upon the written application of the legal Such permit may be revoked and separate service owner of the premises, or his duly authorized connections required at any time. j agent, upon the printed forms of the District. Such . ownershall be responsible for all charges for Section 5. Furnishing Water. The District shall .. . - service to said premises, whether supplied to not be obligated to furnish and install, at its - . himself or to a renter.or occupant thereof, and for expense, system facilities for all property within the • the compliance of any occupant with all rules of District. The District shall, so far as reasonable • the District. • and practicable and within its financial means,. ; however, provide adequate source of supply,- Section 2. Use of Water. Water will be furnished necessary primary feeder mains, storage facilities for ordinary domestic, business and community and other improvements necessary to make water 'purposes, and fire protection, only. No water will service generally available to all areas within the be furnished for the direct operation of steam District. Extensions to furnish water to areas not • . :':-. ,' -- boilers, machinery or golf courses, except on an now served by the District will be made at the ;:-. . interruptible basis, and the District will assume no expense of thoseersons requesting service. . P q 9 `� responsibility therein. Such extensions will be made by the District or by i. - those expressly authorized by the District. All Section 3. Service Size. A standard service applications for line extensions to provide new connection, with 5/8" x 3/4" meter, will be service are subject to review by the Board of installed from the main to the street curb or . Commissioners. Consideration will be given to the property line. (See charges in Appendix I.) The District's ability to serve and to eligibility for - amount of the meter installation charge shall annexation to the District of the property to be accompany all applications. Larger meters may served. ''=., be required for some services. The additional + ti: I, H4; 5 i . v ' Section 6. Private Service Pipes. All pipes from • Plumbing should be of high test and first class, the meter to the premises must be installed in and where pressures may become high, on 5/8" x l' accordance with good engineering practice, and 3/4" and 1" meters, a pressure regulator may be maintained in good order by the user.. Pipes must installed at the meter by the District to control be laid 24 inches deep and provided with a stop varying pressures. (On meters 1 1/2" and larger, _; and waste valve for drainage, and all standpipes user is responsible for installing a pressure ,� or fittings of any kind must be so located, regulator.) The District will not be responsible for :-I anchored and installed as not to interfere with or damage from varying pressures. The Administrator endanger the meter. All pipes must be well or authorized person may inspect pipes and i protected from freezing. plumbing at proper times. • i Section 7. Credit for Water Leaks. When a water Section 10. Physical Connections with other. leak occurs on the customer's side of the water Water Supplies or Systems. Neither cross meter resulting in an unusually high water bill, connections nor physical connections of any kind iI customers can apply for a credit to their water bill shall be made to any other water supply, whether equal to 1/2 the cost of the leak (above the private or public, without the written consent and normal bill), up to a maximum of $150. Customers approval of the Board of Commissioners, and the . 'i must apply for credit in writing, to the Water written approval of the Oregon State Board of District, and forward proof of the leak being fixed Health. (Included in this category are all pipe lines, . in a timely manner. appurtenances and facilities of the District system . and all pipes, appurtenances, pumps, tanks, • Section 8. Jurisdiction. All service connections, storage reservoirs, facilities, equipment, appli- % meters, mains and parts of the system through ances, etc., of other systems whether located which water is served, except the pipes beyond within or on public or private property, or the , :..: �! the meter, are the property of the District, and premises of a water user.) • under its exclusive control. No person other than the Administrator or authorized person shall install The District's Administrator or other authorized any service, make any extension, turn the water representative shall have the right without being on or off, or otherwise tamper or interfere with the deemed guilty of trespass or unlawful act to check 1 water or the system. the premises of users for physical connections with other water supplies. Any such connection • .. Section 9. Waste—Plumbing—Inspection, shall be removed by the customer within ten days Water will not be furnished to premises where it is after written notice to remove is given by the allowed to run or waste to prevent freezing, or District. If not removed within the time specified, • . through defective plumbing, or otherwise. the District may remove or discontinue any 1 lir 6 1 ti k r r : i`_ '' connection which it may have for servicing the tion or pollution due to cross connections. property. Water service to any premises shall be contingent ' ... ' upon the customer providing cross connection Section 11. Cross Connection Control control in a manner approved by Tigard Water Program. Be it resolved that the Board of District. Backflow devices required to be installed '11 . Commissioners, Tigard Water District, hereby shall be a model approved by the Oregon State adopts a cross connection control program as Health Division. :, it described below, effective May 13,1986: Authorized employees of Tigard Water District with � The purpose of this resolution is to protect the proper identification shall have free access at water supply of Tigard Water District from reasonable hours of the day to those parts of a • contamination or pollution from potential cross. premise or within buildings to which water is t connections; and to assure that approved supplied. Water service may be refused or i; backflow devices are tested annually. , terminated to any premise for failure to allow necessary inspections. 1 The installation or maintenance of any cross • _ connection which would endanger the water ADOPTED by the Board of Commissioners, Tigard ' � supply of Tigard Water District is prohibited. Any Water District, on May 13,1986. . • I such cross connection now existing or hereafter I • installed is hereby declared unlawful and shall be These requirements must be strictly observed as a i rectified as directed by the Board of Commission- . matter of public health and to prevent any possible jers or its authorized representative(s). contamination of the water system. ?I -The control or elimination of cross connections Section 12. Reading=Billing. Meters will be read .. .1, shall be in accordance with the regulations of on or about the 20th dayof each month for the 9 • . Oregon State Health Division. The policies, preceding two months. Fifteen days or less will be '' , procedures, and criteria for determining appropri- billed as a half-month. Over 45 days will be billed • tate levels of protection shall be in accordance with as two full months. i the Accepted Procedure and Practice in Cross ' Connection Control Manual, Amer. Water Works Section 13. Payment—Delinquency. All bills are i; Association, Pacific Northwest Section, current due on the 12th day of the calendar month ,edition (OR Admin. Rules, Ch. 333-61.070). following billing. The amount due must be paid to r an authorized agent of the District. Unpaid bills ' . It shall be the objective of Tigard Water District to become delinquent after the 12th of the month. • :;: protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is - - i y y • • 3 • • 3 _ .. • 1 / _ II of ,Lc, a :t ._ a . • • TIGARDWATER • • DISTRICT •• .. - • • F • • • • • • • 11 • • • • . •A t 1 Agfthimaimm.... . . . .,', ,,,,;,tea • -..-..-_-_-_./7/ _ '.11 I if i i,I . • ! , - • • • 4 .a -1. .- • •.I J, 4 � h 4fw' a 3•y1�J•i:.:1..;‘...,..:"1".'' _ - .. qtr �. . r-) 6 ',LZ •• f 1•:i� A 89 I violated, the water will be shut off and service I Section 18. Main Extensions, designed and disconnected until payment is received in full, and I installed by the District. All extensions of mains. compliance With all rules is made. 1 and laterals of.the District, and installed by the li District, shall be paid for by the person or their 1 jj Section 14. Water Rates. See Appendix II. assigns who desire such extensions, at cost plus Charge for turning off•and on when water service ,! 10% for overhead and supervision, and 8% for 'l is discontinued for non-payment of bill: $5.00 for , engineering. The estimated cost thereof, together i1 the the first two times; $10.00 thereafter. • with such 18%, shall be deposited with the District . , when application for such main extensions is Section 15. Discontinuance of Service for 30 made. days or more will be made upon written applica-• ' . i tion, without charge, provided all bills are paid. Designed by others, installed by the District. itWhen design or supervision of installation of • I Section 16. Interrupted Service—Changes in , improvements is performed by licensed engineers, • j Pressure. The water may be shut off at any time subject to approval by the Water District,and " for repairs or other necessary work with or without installed by the District, a fee shall be paid of 10% . notice. Conditions may cause a variation of the for administration, inspections, water loss, • • ll pressure. The District will not be responsible for ', sampling, etc., and 2% for engineering review. • any damage caused by interruption of service or The estimated cost therof, together with such • II, varying pressure. When service is interrupted, hot 12%, shall be deposited with the District when . ; water faucets should be kept closed to prevent application for such main extentions is made. • ij back flow of hot water or steam. i • � Designed and installed by others.When design, •" •. Section 17. Service Connection Maintenance. or supervision of installation of improvements is The Water District will maintain all standard performed by licensed engineers, and installation ` : � service connections in good repair without is performed and paid for by others, subject to : • r /= ljir . i 10 !• ,' 11 L,y . :,.:..;• , • , end of the property to be served. No lines orj and approved by District personnel to ensure laterals'shall be laid until the estimated cost • - compliance with plans and specifications. • . Iii thereof, as hereinabove set forth, shall have been Back-filling of trenches prior to District approval is i! deposited with the District. All such extensions of unauthorized. - �, mains and laterals, and installation of fire hydrants 1 • shall be the sole propertyof the District, without l If water main extension is necessary to serve an . right of immediate refund on the part of the person •; existing single family dwelling and the main size or persons paying for such extension or on the required by the Tigard Water District is larger than part of any person or persons whomsoever. No a 6" line, then that single family dwelling will pay = -- extension of main will be permitted, accepted or the cost of a 6" installation across the front of their - • served by the District unless such line be at least a property, plus the cost of the meter. 6-inch diameter pipe. Short extensions, such as cul-de-sacs, can be of smaller diameter upon ; Applicant(s) will agree to be bound by and comply approval of the District. with the District's main extension policy and rules • and regulations and any subsequent revisions or When a erson is required to pay the cost of amendments to same which may be made from P extending a water main adjacent to property other time to time. than that person's own so that water service for - • domestic use is provided for such other property Section 19. Limitation on the use of water as to without further.extension of the water main, the hours, purpose, or manner, may be prescribed . District shall require the owner of the other from time to time by the Board. property, prior to providing water service to that ,� property, to refund to the person required to pay Section 20. Temporary or Transient Service. the cost of extending the water main, a pro.rata Temporary or transient service for construction portion of the cost of extension. The right to work will be rendered upon deposit in advance of require such refund shall not continue for more connection charge and one month's estimated - . than 10 years after the date of installation of the water bill, and payment on the first of each month - . . i extension of the water main. The amount to be of all accrued charges. Upon discontinuance of refunded shall be determined by the District and service, refund will be made for all connection materials usable bythe District at their depreciated such determination shall be final. P value, less the cost of removal and all charges Each construction contractor shall be approved by due. No temporary service shall be installed for - competent District authority prior to installing pipe any residence or building where a permanent lines, pumps, etc. Those installations made by , service connection may later be installed. private contractors will be thoroughly inspected I u ' „0 41,. .'s, 12 ;,w ; 13 hy, S ction 21. Construction Water. Water used via 't Se ;+ Section 26. Amendments---Special Rules- ,,'t' '- Contracts. The Board mayat anytime amend, • a permanent meter installation for construction -� �� � � . •• purposes will be billed at the one month's rate change or modify any rule; rate,or charge, or make.• . • (See Appendix II) at completion of construction, any special rule, rate or contract, and all water • but not to exceed a period of 6 months, unless service is subject to such power. f authorized by the District. . Section 27. Grievances. Any unresolved a grievances as to service or complaint shall be Section 22. Meter Out-of-Order—Test. If a meter p I reported and will be considered by the Board at • shall fail to measure accurately, the bill shall be ; the next regular monthly meeting. . , . - the average for the same periods in prior years. Tests will be made periodically without charge to Section 28. The Administrator and Employees the user. A user may demand a test upon payment are not authorized to makeany changes in these 1 of a$5.00 charge for such test. If the meter reads rules, rates, or regulations. 5% or more over, such charge shall be.rebated to , • the user. • • • Section 23. Fire Hydrants. Fire hydrants will be Approved November 28,1972 . installed by the Water District upon receipt of Revised November, 1992:' • . payment in advance of the estimated cost of the BOARD OF.. COMMISSIONERS i hydrant, fittings, and installation, plus 10% for . ' • . overhead. _ •• Section 24. Fire Hydrant—Temporary Use. Any person who desires to use a fire hydrant for , temporary water supply must obtain permission of '” - 1 ' the District. The user will be charged $25.00 for , ' • „ hook-up service plus the effective user rate as ly i shown in Appendix II plus $25.00/month for continued use. User is responsible'for repair and/ 0 : ; or replacement of damaged meter. ' . ; . • i Section 25. Illegal Use of Fire Hydrant or Meter. • •. • The penalty for connection to a fire hydrant or meter without proper authority is a $100 fine., l' 1.4 �ft, 15 ' ':.;: APPENDIX I--Meter Installation Charges :; APPENDIX II—Water Rates Copper Service, including P-R Valve Monthly Minimum` Out of District • if required, Connection Fee - Meter Size (400 cubic feet) (Additional) Size of Meter Charge Schedule . 5/8"x3/4" $ 6.50 $ 2.50 1" 10.50 4.00 System Development Installation Total 2 1 1/2" 16.50 6.00 33.50 10.00 Meter Size Charge Fees Charges t'= " 3" 61 .50 15.00 5/8"x3/4" $ 845 + • $250 $ 1095 r 4"` 103.50 19.00 • 1". 1690 + 350 = 2040 ' 6" 144.50 28.00 1 1/2" 4225. + 715 . = 4940 8" 201 .00 . 38.00 . 2" 6760 + 945 = 7705 . Rate over 400 cubic feet: $1.20 per 100 cubic feet. 3" 13,520 + cost plus 10% . 4" 21,125 • + cost plus 10% Fire Rates (Sprinklers) will be based on the size of • 6" 42,250 + cost plus 10% • the service going into the building or vault: 8" 67,600 + cost plus 10% $15 a mo.— 6" & smaller 10" 97,175 + cost plus 10% $20 a mo.— 8" & larger • • Bull Mountain Meter Rates • Booster Pumps: For areas served by District • • 5!8"x3/4" $1000 + $250 = $1250 i;';;• : owned and operated booster pumps, either to 1" • 2000 + 350 = 2350 l".,5. storage or direct to the system, an additional 1 1/2" 5000 + 715 = 5715 i minimum of $1.50•per month per meter (regard- . 2" ! 8000 + 945 = 8945 "' less of meter size) shall be made. This charge is .. • • -3" 16,000 + cost plus 10% not applicable to the booster pumps located at SW • ' 4" 25,000 + cost plus 10% 72nd and Hunziker Road and SW Bonita Road •. • 6" 50,000 + cost plus 10% near 1-5. • . 8" 80,000 + cost plus 10% 10". 115,000 + cost plus 10% -. •• Fire Service Connection: ., • •' , Note: Billing is bi-monthly so amounts above Fee $1,250 per Fire Service Tap + 12% Fee should be multiplied by 2 to compute bill for each • based on Construction Costs. ... period. • ATTENTION Corrections to Rules, Rates and Regulations,January 1993. These changes to the Rules, Rates and Regulations for Water Service occurred after printing. Please insert the following in the appropriate places.Wording changes within paragraphs are underlined. We apologize for any problems this may have caused. Section 4. Separate Connection. (Add the entire section.) A separate service connection will be required for each dwelling, apartment or motel, place of business, and institution. All outlying buildings and premises used as a part of such dwelling place or - business or institution may be served from such connection, as well as all buildings on such premises operated under the one management.District shall prescribe the number of buildings to be served from one meter and such determination shall be final.No , . ' user shall furnish water to any family,business, institution or premises other than those occupied by that user, provided, however, that the Board may permit a user to supply others through users'service connection in which event such user will be charged an additional monthly minimum for each additional user so supplied. Such permit may be revoked and separate service connections required at any time- , • Section 9: (Change second sentence to read) " . - . Plumbing should be of high test and first class and in conformance with the Bopropriate codes of the jurisdiction issuing the building permit, and where pressures may become high,on 5/8'x314"and 1"meters, a pressure regulator maybe installed at the meter by the District to control varying pressures. . . " Section 12: Reading--Billing. (Eliminate the entire section.) Section 18: (Add sentence at the beginning of the last paragraph in Section 18.) The developer or owner requesting the . ttgnstryction project shall be liable for any added cost due to design difficulties. . Section 22: (Delete $5.00.) (Add) ". . .-A user may demand a test upon payment of a$25.00 charge for such test. .. " • CABLE HUSTON BENEDICT HAAGENSEN & LLOYD LLP ATTORNEYS AT LAW SUITE 2000 1001 SW FIFTH AVENUE PORTLAND,OREGON 97204-1136 TELEPHONE(503)224-3092 FACSIMILE(503)224-3176 CLARK I.BALFOUR cbalfour cc chbh.coin www:cablehuston.com April 21, 2006 VIA EMAIL AND REGULAR MAIL George Rhine, President Board of Commissioners Tigard Water District 15361 SW Ashley Drive Tigard, OR 97224 Re: Canterbury Hill Reservoir Dear President Rhine and Board Members: You asked questions regarding the Intergovernmental Agreement Between the City of Tigard and the Tigard Water District for Delivery of Water Service (IGWA) effective January 1, 1994, and the disposition of the real property commonly known as the "Canterbury Hill Reservoir Site." My understanding is that this site was acquired in the name of Tigard Water District. It contains two reservoirs,jointly called"Reservoir No. 1,"and referred to as Asset No. SE-22RES and Pump Station No. 1,referred to as Asset SE-50 PST, in the Tigard Water District's System Assets and Liabilities Final Report dated November, 1994,prepared by Economic Engineering Services, Inc. The City of Tigard subsequently constructed an ASR well on the site. My understanding is that the Tigard Water District is still the record title holder to this single parcel of property. Discussions have been ongoing whether the remainder of the property is necessary for water system purposes or could be used for other uses such as City parks and open space. 1. How is the Real Property Asset defined Under the Intergovernmental Water Agreement(IGWA)? The 1994 IGWA was executed on the heels of the statutory withdrawal of District territory and assets by the Cities of Tigard,Durham, and King City. By ORS 222.540, the City may withdraw the District's assets, except those necessary to serve the remaining area of the District not absorbed by the City. The Water District transferred all assets to the Cities, not just infrastructure, in the 1994 Agreement. The Cities and District in turn pledged the assets to the \\dc03\docs\mjs\My Documents\cib\27351-TWD\RhineLtr2.doc Corvallis Office—582 NW Van Buren,Corvallis,OR 97330(541)754-7477 CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 2 City of Tigard whereby Tigard would manage, operate, and maintain the water system for all parties to the IGWA,including the District. Assets were defined as real,personal and intangible property in Section 4A(1). Assets were divided into two groups: A. System Assets: assets necessary for the operation of Tigard's water supply system throughout the original District,not including those other assets of Tigard. This was further defined as "water mains, service installation, structures,facilities, improvements or other property necessary for operation of the City of Tigard's water supply system throughout the original District." (See Section 4A(2) (a)). B. Other Assets: "assets not necessary for the operation of the City of Tigard's water supply system throughout the original District. Other assets shall become the property of the jurisdiction in which the asset is located." (See Section 4A(2) (b)). Section 4B goes on to state that all system assets and other assets shall be pledged by the Cities and District to Tigard. All system assets and other assets shall be managed by Tigard and shall be utilized by Tigard in order to provide water services to properties,residences, and businesses in the original District. In our opinion,the subject real property is a system asset. First, it is the parcel upon which are situated major system assets identified in the November, 1994 System Assets and Liabilities Report. The land is integral to the improvement. The Intergovernmental Agreement that I reviewed does not have an exhibit or schedule that states this subject property was deemed a system asset or other asset. However,the system asset study followed closely upon the creation of the Intergovernmental Water Agreement and the parties have treated similar property as system assets over the past 12 years. The parties have designated this as a system asset by its inclusion in the 1994 System Asset Report. Second,past conduct indicates that the site is a system asset. The Intergovernmental Water Board has faced a similar issue on the Menlor Reservoir site(Clute Property)in the summer of 2000. Various and sundry minutes from June 13,2000 through October, 2000,reflect statements by the City of Tigard and other members of the Intergovernmental Water Board (including District representatives)that it was a system asset,that a portion of the Menlor site was no longer needed and voted to partition the Menlor site and sell the property. The Intergovernmental Water Board authorized the City of Tigard to apply for a minor land partition. The City of Tigard recognized in its Council minutes that the Intergovernmental Water Board needed to make decisions on the disposition of system or capital assets. Upon receipt of partition approval,the City declared the property surplus under its procedures. \\dc03\docs\mjs\My Documents\cib\2735I-TWD\RhineLtr2.doc CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 3 Therefore,we conclude that the property is a system asset based on the IGWA the System Assets and Liability Report and past practice. The Intergovernmental Water Board should detenliine whether this portion of the property is needed for water service. However, some things should be verified. For example, if there is more than one legally recognized parcel, and all of the water system assets are on one parcel, leaving the other unencumbered, then an argument could be made that the unencumbered separate tax lot is defined as"other assets"under the IGWA. In that case,the agreement says that other assets become the property of the jurisdiction in which they reside. If so, then the asset could be deemed a City of Tigard asset by virtue of the agreement. My understanding is this is a single parcel and should follow the process of the Menlor property. 2. How is the Decision Made and By Whom? As indicated, if it is a system asset, then the agreement requires that the Intergovernmental Water Board determine whether it should remain so for provision of water service. If not, the Board should determine its disposition. Section 5H of the agreement states that"The parties to this agreement shall not have the right to transfer ownership of or remove system assets or any interest therein received or kept as a result of the City's withdrawal from the original District or any interest in system assets acquired during the term of this agreement without the written consent of the other party." This is not the clearest language. I believe it is intended to say no party may transfer ownership and system assets without consent of the other parties. Section 5A provides that"the system assets will be utilized by Tigard in order to provide water service to property residents and businesses in the original District. The District's ownership interest in the assets shall remain though the assets are being utilized by Tigard unless and until transferred to Tigard by agreement or operation of law. The parties agree to execute all documents necessary to allow utilization of the assets by Tigard." Further, there is a mission statement in Section 1 where the parties commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future, long-term supply needs of the area. It is a good faith/fair dealing clause. Does it require unanimous consent of the Intergovernmental Water Board members? Typical voting requires three affirmative votes. However, the specific provisions of Section 5H relating to property disposition would seem to require unanimity. The terms of an agreement should be construed together although a specific clause will be given precedence over a general statement. In our opinion, the decision to declare a system asset as surplus and not needed for the ongoing needs of the water system is an Intergovernmental Water Board decision that should be unanimous under Section 5H. However,we believe a court would find no single party can \\dc03\docs\mjs\My Documents\cib\27351-TWD\RhineLtr2.doc CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 4 withhold consent and vote no without having a reasonable basis for doing so based upon current and long-term water supply operations. It would be prudent for the Board to seek an opinion of its engineers or consultants. We do not believe this issue was discussed in the Menlor site. We understand the Intergovernmental Water Board voted unanimously to have the City of Tigard move forward with the partition application. Therefore,while past practice shows this type of process, there apparently were no dissents to that action. In this case,there may be some dissent by the Tigard Water Board,which would result in a non-unanimous decision. In that case, one or more of the other parties could seek a judicial determination to declare: (1) The action of a majority Intergovernmental Water Board is sufficient to declare property system assets unnecessary for water system improvements and to transfer it; or (2) If unanimity is required,then the District did not have a reasonable basis to decline. If not,the court could compel consent under the cooperative clauses. This is a system asset. The decision to partition and convert to other uses or sale would require a vote of the Intergovernmental Water Board. Section 5H requires unanimity and past practice seems to give credence to that. But,the decision by a member to decline is not unfettered. It must be based on a reasonable analysis that the system asset is needed in the future and should remain. The opinion of the Water Board's engineer would have great weight. 3. If the City of Bull Mountain is formed over the Remaining Area of the Tigard Water District,can it become a member of the Intergovernmental Water Board? As indicated in the recitals of the 1994 Agreement, the Tigard Water District presently encompasses unincorporated territory that was part of the original District. All of the original territory of the District within Tigard,King City and Durham was withdrawn in 1993, leaving this remnant. If the City of Bull Mountain is formed over the entire remnant territory of the District,the provisions of ORS 522.510 would apply: whenever the entire area of a water district becomes incorporated in or annexed to a City in accordance with law,the District shall be extinguished and the City shall,upon the effective date of such incorporation or annexation, succeed to all the assets and become charged with all the liabilities, obligations and functions of the District. If this occurs, then the new City would succeed to all the rights, obligations and properties of the District. Once again,we come back to paragraph 5H,where it indicates that neither the benefits received by the District or the obligations incurred under the terms of this Agreement are \\dc03\docs\mjs\My Documents\cib\27351-TWD\RhineLtr2.doc CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 5 assignable or in any manner transferable by the District without the written consent of the City. I do not believe this clause would stand up in the face of the statutory directive of ORS 222.510, which compels the transfer. However, that would be an issue for the new City of Bull Mountain to take up with the other Cities as part of the Intergovernmental Water Agreement or at the courthouse. I believe the state statute would prevail in this instance. 4. Intergovernmental Water Board Agreement. The parties have worked with this agreement for 12 years. Past minutes reflect that the parties recognize a need to rework the document. The foregoing discussion points to that need and the parties should give this serious consideration to amending the agreement to obtain more clarity. I hope this answers your questions. I look forward to meeting with the Board on April 24, 2006. Very truly yours,,. Clark I. Balfour CIB:mjs \\dc03\docs\mjs\My Documenlsleib127351-I'WD1Rhine!..t 2.doc 2 0 0 ANNUAL REPORT SPECIAL DISTRICTS ASSOCIATION OF OREGON The SDAO ance pools are keeping rates flat for izedstudiesinvolvingenterprisezones Board continu- the majority of our members,particu- and urban renewal practices, and a ally strives to larly when they qualify for best prac- strategic review of our Health Group ensure SDAO tices credits, longevity credits, and Purchasing Program. The SDAO remains a great our rate lock guarantee. The Board Legislative Committee has also been value for our believes that SDAO will continue to active in developing itspriorities.Water members. Dur- offer our members great values and rights, mixing zones, annexation, ing 2006 the services in future years. SDC's, collective bargaining, and Mike Gaul Board approved Although 2006 was a year in which workers' compensation changes are Board President the fmal steps to areas of concern for 2007. the Legislature was not in session, eliminate membership dues in 2007 court decisions,voter initiatives,and In 2007 the SDAO Board will be when a district participates in one of local ballot measures continued to initiating changes in the focus of our the insurance pools. This means that change the political landscape and management trainings to that of em- over 95 per-cent of SDAO members how special districts operate in Or- ployment law and personnel systems will be paying no dues. Yet, SDAO still offers a wide variety of services egon. Issues that impacted special and documentation to address our districts include Measure 37 land use membership concerns and problems that include: Legislative Advocacy, implementation,Clarke vs.OHSU and in this area of management. SDAO Pre-loss Legal, Ballot Measure Re- view,Contract Review,Research and tort protection, and condemnation will offer a new internship matching procedure changes. On the positive grant program for members. The Technical Assistance,Education and side, SDAO members are starting to Board is also initiating changes to our Trainings,and FlexLease/Loans. see improving finances as PERS re- annual Awards Program. Our pooled insurance program con- forms are implemented in which The Board is looking forward to 2007 tinues to offer increased services that SDAO continues to play an active and the direction SDAO is heading. encompass Pre-employment Screen- role. Ethics reform and GSPC changes We believe SDAO is a great value and ings, Defensive Driving Trainings, also look to be going in a positive continue to encourage our members Loss Control Consultations, and direction. to use the programs, staff, and other Safety and Security Grants.All of this In preparing for the 2007 Legislative tools that the Board oversees on be- is occurring at a time when our insur- Session the SDAO Board has author- half of nearly 900 SDAO members. r ' s e 3 SDAO Board back row, from left: Greg DiLoreto, Bob SDIS Trust back row,from left:TedKunze,John Markovich, Ringering,Mike Gaul,Bruce Pilling and Chuck Root. Front Dave Crowther, and Chuck Petersen.Front row,from left: row,from left: Carol Gearin,Bob Bennett,Jim Goble, and Sally Jones, Howard Terpenning and Valarie Koss. Diedre Conkling. Not pictured: Bob Keefer,Lori Stirn and Tom McCann. Special Districts Association of Oregon 2006 Annual Report Insurance Program Update 2006 was an exciting year of new opportunities and growth Driver Training Program for SDAO's member owned self-insured programs. Mem- • We partnered with City County Insurance Services to bers experienced rate decreases, expansion of services, provide free driver training at twelve regional locations. creation of new programs and a return of surplus contri- This pilot program includes classroom training and butions. 2006 promises to continue this pattern of rate hands-on driver simulator training using state-of-the- art technology. relief and expanded member opportunities. CPR Training Some of the new programs and services launched during We now have the ability to train your staff to 2006 include: become CPR trainers. For more information Pre-Employment Screening contact SDAO's Loss Control Department. • Drug Testing Program- Free enrollment and up to School District Anti-Arson Program five drug and alcohol tests per year provided free-of- • Coordinated with the Oregon State Fire Marshal's charge. office and local fire districts. Fire districts that Criminal Background Checks-Five free national participate can receive a$500 grant to assist with • criminal background checks provided annually. implementing the program. Member Longevity Credit and Rate Lock Safety Grants Guarantee • Over 100 members received nearly$220,000 in • Available to members that have a five year loss ratio of matching safety grants. More than $200,000 has 55% or better. been budgeted for this program for the 2006-07 fiscal year. • 480 districts returned the Longevity Credit and Rate Lock Agreement. Over$760,000 in contribution Best Practices • credits were disbursed to these districts that partic- 400 districts returned the Best Practices Assess- ipate in the Property/Casualty program. ment earning a total of$350,000 in contribution credits. Annual Conference Registration • One free conference registration per district for districts that have not attended before(limited number available). Comparison of Policy Counts Comparison of Policy Premiums Total Policy Counts-All Programs Combined Total Contributions-All Programs Combined C 2001 900 5,000,000 ■2006 800 4,500,000 ■ G 2001 I700 2006 4,000,000 600 ■ r 3,500,000 ■ 600 ■ 3,000,000500 ■ 400 ■ Mr II 2,500,000 ■ • MI MI II 23,0 00 ■ _ -. . ■ 2,000,000 ■ ■ mi 1,500,000 ■ ■ 100 ■ - • sim in ' in ■ 1,000,000 • ° ■ Mei ■ 500,000 ■ ._ II General Auto Auto Property Workers General Auto Auto Property Workers Liability Liability Physical Comp Liability Liability Physical Comp Special Districts Association of Oregon 2006 Annual Report Oregon Public School Program During 2006 the SDAO Board of districts, education service districts, As a result, a new Trust for schools Directors and SDIS Board of Trust- community colleges,cities and coun- was created called the Property and ees instructed staff to work with the ties. By working together,especially Casualty Coverage for Education Trust Oregon School Boards Association when approaching the Oregon Legis- (PACE). PACE brings together over (OSBA)to explore the possibilities of lature, local governments are much 220 school districts, education ser- a joint merger of our school property stronger than when competing against vice districts and community colleges and liability programs. The SDAO each other. to create the largest Trust serving Board believed that as primarily a schools in Oregon. This partnership The SDAO Board also believed it was statewide association of local govern- has been the result of nearly one year important for education organizations mems,SDAO should find opportune- of deliberating and planning on how to ties to work cooperatively with all to be represented by their own Trust best serve Oregon's educational insti- composed of their peers, rather than other types of Oregon local govern- tutions. went associations, including school as an advisory committee of SDAO. Financial Highlights ii SDAO completed another successful Claims expenses for the pooled pro- cess earnings through a longevity credit year adding nearly $4.5 million to grams were within 1%of the previous program. Over $200,000 was re- retained earnings during the 2005-06 year's expense which shows stability turned at the end of 2004 and$750,000 fiscal year. Over half of the retained in the pooled program's claims. By in December of 2005 to those districts earnings increase came from the line of coverage the claims expenses that qualified. SDAO is expecting to school program which has now been were as follows:special district liabil- return significantly more for the 2008 transferred to the OSBA/PACE pro- ity decreased 17%,property increased program. In addition SDAO contin- gram. With the transfer of the school 55%, workers' compensation de- ues to offer its safety grant program program toOSBAalsocamethetrans- creased 20%,and the school program funding over $200,000 per year fer of$3 million in equity that was increased 35%. However,the school through grants to our members. generated by the school program over program's exposure also increased the last three fiscal years. Total re- 40% so the increase in claims was Following are financial statements for tained earnings after the transfer to expected. SDAO and SDIS including Statement OSBA currently stands at$22.7 mil- of Net Assets and the Statement of lion. The reinsurance market was stable Revenues,Expenses,and Changes in during the fiscal year with a slight Net Assets. Also provided is a break- Premium contributions for the year overall increase of 5%to the special down of the Statement of Revenues, increased 11% overall, with a 1% districts' programs. The school dis- Expenses and Changes in Net Assets decrease for the special districts Prop- tricts' reinsurance rate remained the by line of coverage showing the finan- erty Casualty program,7.7%increase same but with the increase in expo- cial strength of each pooled program. for the Workers' Compensation pro- sure came a 50% increase in the gram, and a 40% increase for the expense. school districts Property Casualty pro- gram. Interest income for the fiscal As the pool becomes more financially year totaled $1.4 million, an 11% secure we are adding programs for increase over the prior fiscal year. our members and returning some ex- Special Districts Association of Oregon 2006 Annual Report SPECIAL DISTRICTS ASSOCIATION OF OREGON STATEMENT OF NET ASSETS June 30,2006 SDAO SDIS Total ASSETS Current Assets Cash $ 243,650 $ 6,117,226 $ 6,360,876 Accounts receivable - 677,578 677,578 Due from SDIS 351,789 - 351,789 Accrued interest 2,672 288,711 291,383 Prepaid expenses 16,359 1,466;444 1,482,803 Total Current Assets 614,470 8,549,959 9,164,429 Non-Current Assets Restricted Investments - 4,040,865 4,040,865 Investments 357,563 27,194,181 27,551,744 Fixed assets(net) 2,051 2,302,393 2,304,444 Total Non-Current Assets 359,614 33,537,439 33,897,053 Total Assets $ 974,084 $ 42,087,398 $ 43,061,482 LIABILITIES AND RETAINED EARNINGS Current Liabilities Accounts payable $ 18,901 $ 639,175 $ 658,076 Due to SDAO - 351,789 351,789 Deferred revenue 68,099 5,369,547 5,437,646 Commissions Payable - - - Total Current Liabilities 87,000 6,360,511 6,447,511 Non-Current Liabilities Claims payable - 12,990,685 12,990,685 Total Liabilities 87,000 19,351,196 19,438,196 Retained Earnings 887,084 22,736,202 23,623,286 Total Liabilities and Retained Earnings $ 974,084 $ 42,087,398 $ 43,061,482 Special Districts Association of Oregon 2006 Annual Report SPECIAL DISTRICTS ASSOCIATION OF OREGON STATEMENT OF NET ASSETS June 30,2005 SDAO SDIS Total ASSETS Current Assets Cash $ 502,989 $ 3,831,072 $ 4,334,061 Accounts receivable - 660,120 660,120 Due from SDIS 95,896 - 95,896 Accrued interest - 270,978 270,978 Prepaid expenses 23,152 1,259,694 1,282,846 Total Current Assets 622,037 6,021,864 6,643,901 Non-Current Assets Restricted Investments - - - Investments 149,199 31,124,276 31,273,475 Fixed assets(net) 2,992 2,415,681 2,418,673 Total Non-Current Assets 152,191 33,539,957 33,692,148 Total Assets $ 774,228 $ 39,561,821 $ 40,336,049 LIABILITIES AND RETAINED EARNINGS Current Liabilities Accounts payable $ 31,104 $ 428,630 $ 459,734 Due to SDAO - 95,896 95,896 Deferred revenue 64,818 5,535,687 5,600,505 Commissions Payable - 1,141 1,141 Total Current Liabilities 95,922 6,061,354 6,157,276 Non-Current Liabilities Claims payable - 11,975,050 11,975,050 Total Liabilities 95,922 18,036,404 18,132,326 Retained Earnings 678,306 21,525,417 22,203,723 Total Liabilities and Retained Earnings $ 774,228 $ 39,561,821 $ 40,336,049 Special Districts Association of Oregon 2006 Annual Report SPECIAL DISTRICTS ASSOCIATION OF OREGON STATEMENT OF REVENUES,EXPENSES,AND CHANGES IN NET ASSETS Year ended June 30,2006 SDAO SDIS Total REVENUES: Member contributions $ - $ 43,299,775 $ 43,299,775 Membership dues 389,140 - 389,140 Contracted legislative services 6,000 - 6,000 Conference and seminars 96,162 17,530 113,692 Claims Administration Income - 351,729 351,729 Health Administration Income - 261,574 261,574 Miscellaneous income 12,619 121,617 134,236 Total Revenues 503,921 44225 44,556,146 EXPENSES: Underwriting Expenses: Loss and loss adjustment expenses - 8,546,287 8,546,287 Insurance premiums - 24,754,341 24,754,341 Broker fees - 182,000 182,000 Local agent commissions - 2,648,934 2,648,934 Workers'compensation taxes - 216,780 216,780 Operating Expenses: Legislative expense 251,844 - 251,844 Conference and training 79,329 228,345 307,674 PRC Expenses - 297,725 297,725 Claimse Service Expenses - 833,442 833,442 Other operating expenses 490,756 3,047,570 3,538,326 Total Expenses 821,929 40,755,424 41,577,353 Net Operating Revenues Over Expenses (318,008) 3,296,801 2,978,793 Non-Operating Revenues and Expenses Interest income 14,344 1,422,004 1,436,348 Rental Income - 61,792 61,792 Rental Expense - (57,370) (57,370) Net Non-Operating Revenues Over Expenses 14,344 1,426,426 1,440,770 Net Revenues over Expenses (303,664) 4,723,227 4,419,563 Transfers In/(Out) 512,442 (512,442) - Net Revenues after Transfers In/(Out) 208,778 4,210,785 4,419,563 Net Assets,Beginning 678,306 21,525,417 22,203,723 Transfer of Equity to PACE - (3,000,000) (3,000,000) Net Assets,Ending $ 887,084 $ 22,736,202 $ 23,623,286 Special Districts Association of Oregon 2006 Annual Report SPECIAL DISTRICTS ASSOCIATION OF OREGON STATEMENT OF REVENUES,EXPENSES,AND CHANGES IN NET ASSETS Year ended Tune 30,2005 SDAO SDIS Total REVENUES: Member contributions $ - $ 38,953,046 $ 38,953,046 Membership dues 378,290 - 378,290 Contracted legislative services 3,000 - 3,000 Conference and seminars 80,493 14,018 94,511 Claims Administration Income - 423,537 423,537 Health Administration Income - 421,343 421,343 Miscellaneous income 14,067 78,271 92,338 Total Revenues 475,850 39,890,15 40,366,065 EXPENSES: Underwriting Expenses: Loss and loss adjustment expenses - 8,591,087 8,591,087 Insurance premiums - 22,406,573 22,406,573 Broker fees - 412,000 412,000 Local agent commissions - 2,326,545 2,326,545 Workers'compensation taxes - 220,423 220,423 Operating Expenses: Legislative expense 218,175 - 218,175 Conference and training 91,960 283,933 375,893 PRC Expenses - 273,563 273,563 Claimse Service Expenses - 809,768 809,768 Other operating expenses 442,186 1,986,513 2,428,699 Total Expenses 752,321 37,310,405 38,062,726 Net Operating Revenues Over Expenses (276,471) 2,579,810 2,303,339 Non-Operating Revenues and Expenses Interest income 8,096 1,288,560 1,296,656 Rental Income - 61,909 61,909 Rental Expense - (47,888) (47,888) Net Non-Operating Revenues Over Expenses 8,096 1,302,581 1,310,677 Net Revenues over Expenses (268,375) 3,882,391 3,614,016 Transfers In/(Out) 444,706 (444,706) Net Revenues after Transfers In/(Out) 176,331 3,437,685 3,614,016 Net Assets,Beginning 501,975 18,087,732 18,589,707 Transfer of Equity to PACE - - - Net Assets,Ending $ 678,306 $ 21,525,417 $ 22,203,723 Special Districts Association of Oregon 2006 Annual Report SPECIAL DISTRICTS INSURANCE SERVICES COMBINING BALANCE SHEET BY INSURANCE PROGRAM AS OF JUNE 30,2006 Workers' Group Interfund Liability Property Compensation Purchase Schools Transfers Total b ASSETS: n Current Assets: A Cash $ 1,272,597 $ 258,514 $ 1,277,499 $ 2,259,803 $ 465,097 $ 5,533,510 Cj Investments 14,533,876 4,000,000 8,284,886 - 5,000,000 31,818,762 Accounts receivable 36,712 9,087 272,568 135,632 223,579 677,578 n' Accrued interest 217,885 - 70,826 - - 288,711 �' Prepaid expenses 621,905 687,634 (6,123) 163,028 - 1,466,444 Due from other programs 1,507,277 - - - - (1,507,277) 0 O Total Current Assets 18,190,252 4,955,235 9,899,656 2,558,463 5,688,676 (1,507,277) 39,785,005 A pNon-Current Assets: Z Fixed assets 2,302,393 - - - - 2,302,393 C Total Assets $ 20,492,645 $ 4,955,235 $ 9,899,656 $ 2,558,463 $ 5,688,676 $ (1,507,277) $ 42,087,398 0 0 Z cz LIABILITIES AND NET ASSETS 0 a Current Liabilities: 4 Accounts payable $ 224,750 $ 46,957 $ 291,520 $ 71,136 $ 4,812 $ 639,175 O Due to SDAO 351,789 - - - - 351,789 A Deferred revenue 2,650,298 1,113,033 533,000 1,073,216 - 5,369,547 Due to other programs - - 804,528 702_,_74_9 - (1,507,277) b Claims payable-current portion 4,354,454 507,953 3,897,890 4,230,388 12,990,685 o Total Liabilities 7,581,291 1,667,943 5,526,938 1,847,101 4,235,200 (1,507,277) 19,351,196 ti ti Net Assets Invested in Capital Assets,Net of related debt 2,302,393 - - - - - 2,302,393 Unrestricted 10,608,961 3,287,292 4,372,718 711,362 1,453,476 - 20,433,809 Total Net Assets 12,911,354 3,287,292 4,372,718 711,362 1,453,476 - 22,736,202 Total Liabilities and Net Assets $ 20,492,645. $ 4,955,235 $ 9,899,656 $ 2,558,463 $ 5,688,676 $ (1,507,277) $ 42,087,398 SPECIAL DISTRICTS INSURANCE SERVICES COMBINING STATEMENT OF REVENUES,EXPENSES,AND CHANGES IN RETAINED EARNINGS BY INSURANCE PROGRAM AS OF JUNE 30,2006 s w Workers' Group Liability Property Compensation Purchase Schools Total REVENUES: Member contributions $ 6,196,434 $ 2,587,799 $ 4,479,938 $ 18,045,368 $ 11,990,236 $ 43,299,775 �� Conference and seminars 17,530 - - - - 17,530 Q. Claims Administration Income 351,729 - - - - 351,729 Health Administration Income - - - 261,574 - 261,574 b Miscellaneous income 121,617 - - - - 121,617 UTotal Revenues 6,687,310 2,587,799 4,479,938 18,306,942 11,990,236 44,052,225 rt EXPENSES: Underwriting Expenses: Loss and loss adjustment expense 2,399,432 944,920 2,456,808 - 2,745,127 8,546,287 C Insurance premiums 530,451 997,062 509,362 17,886,498 4,830,968 24,754,341 r� A Broker fees 26,155 37,054 37,054 11,198 70,539 182,000 Local agent commissions 723,294 305,139 218,146 57,794 1,344,561 2,648,934 Workers'comp.Taxes - - 216,780 - - 216,780 O Operating Expenses: OConference and Training 228,345 - - - - 228,345 Claims Admin Service 297,725 - - - - 297,725 Claims Services Fees 428,745 142,915 261,782 - - 833,442 Other operating expenses 1,567,654 131,856 365,094 111,533 871,433 3,047,570 Total Expenses 6,201,801 2,558,946 4,065,026 18,067,023 9,862,628 40,755,424 Operating Incomce(Loss) 485,509 28,853 414,912 239,919 2,127,608 3,296,801 as Non-Operating Revenues(Expenses) p Interest Income 667,257 145,838 456,110 37,112 248,181 1,554,498 Interest Expenses (57,981) (12,860) (41,445) - (20,208) (132,494) o Rental Income 61,792 - - - - 61,792 y Rental Expenses (57,370) - - - - (57,370) Total Non-Operating Revenues(Expenses) 613,698 132,978 414,665 37,112 227,973 1,426,426 Income(Loss)Before Transfers 1,099,207 161,831 829,577 277,031 2,355,581 4,723,227 Transfers In(Out) (80,007) (33,413) (58,119) (232,999) (107,904) (512,442) Change in Net Assets 1,019,200 128,418 771,458 44,032 2,247,677 4,210,785 Net Assets,Beginning 11,892,154 3,158,874 3,601,260 667,330 2,205,799 21,525,417 Transfer of Equity to PACE 3,000,000 3,000,000 Net Assets,Ending $ 12,911,354 $ 3,287,292 $ 4,372,718 $ 711,362 $ 1,453,476 $ 22,736,202 SPECIAL DISTRICTS INSURANCE SERVICE RECONCILIATION OF CLAIMS LIABIL1TITES BY TYPE OF CONVERAGE 4 40 FOR THE FISCAL YEARS ENDED JUNE 30,2006 AND 2005 bpi to D. Liability Property Workers'Compensation Schools Boiler&Machinery Totals A ti t2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 Unpaid claims and claim adjustment y expenses at beginning of the fiscal year 4,424,212 3,552,478 455,410 127,395 3,892,266 2,818,636 3,203,161 1,773,127 - 6,390 11,975,049 8,278,026 r7 " O t� ri' Incurred claims and claim adjustment expenses: pProvision for insured events of the current O fiscal year 2,317,321 2,831,383 872,898 559,628 2,968,055 3,068,657 3,122,178 2,110,645 - - 9,280,453 8,570,313 O Changes in provision for insured events ct of prior fiscal years 82,112 58,865 72,022 52,094 (511,248) 1,117 (377,052) (84,912) - (6,390) (734,166) 20,774 O a N Total incurred claims and claim adjustment 2,399,433 2,890,248 944,920 611,723 2,456,808 3,069,773 2,745,127 2,025,732 - (6,390) 8,546,287 8,591,087 O O expenses ON 4 aPayments: AClaims and claim adjustment expenses attributable A OZ to insured events of the current fiscal year 1,180,741 1,331,573 644,538 265,839 1,143,718 1,110,994 700,42Q 415,223 - - 3,669,417 3,123,629 ro '10 Claims and claim adjustment expenses attributable O Z., to insured events of prior fiscal years 1,288,451 686,942 247,839 17,869 1,307,466 885,149 1,017,480 180,476 - - 3,861,235 1,770,435 Total payments 2,469,192 2,018,514 892,377 283,708 2,451,184 1,996,143 1,717,900 595,698 - - 7,530,652 4,894,064 Total unpaid claims and claim adjustment expenses at end of the fiscal year 4,354,453 4,424,212 507,952 455,410 3,897,890 3,892,266 4,230,388 3,203,161 - - 12,990,683 11,975,049 li H,I .ill .411111181 SPECIAL DISTRICTS ASSOCIATION OF OREGON Special Districts Association of Oregon 727 Center Street N. E., Suite 208 Salem, Oregon 97301 (503) 371-8667 or 1-800-285-5461 Fax: (503) 371-4781 E-mail: sdao@sdao.com Website: www.sdao.com