2008-096354 Washington County,Oregon Z��$_096354
12/03/2008 09:47:29 AM
Return Recorded Document to: D•R8o Crn=1 Stn=29 RECORD81
$35.00$5.00$11.00•Total=$51.00
City of Tigard—Records Department
13125 SW Hall Blvd
Tigard, ORE 97223
01310544200800963540070074
I,Richard Hobemlcht,Director of Assessment and a.
No Change in Tax Statement Taxation and Ex-Offlclo County Clerk for Washington
County,Oregon,do hereby certify that the within A '
Instrument of writing was received and recorded In the a
book of records of said cou
Richard Hobemlcht,Directorof Assesementand
Taxation,Ex-Offlclo County Cls*
e
COVER PAGE FOR RECORDING
Name of Transaction: Finalization of Fairhaven Sanitary Sewer Reimbursement District No.
38
Name(s) Address Tax Map & Lot No.
ADKINS,KATHRYN J TR 11305 SW FAIRHAVEN ST 2S103DC00815
BURMAN,RAYMOND N&JUDY L 11225 SW FAIRHAVEN ST 2S103DC00817
CUMMINS,ROBERT J&DIANE G 11310 SW FAIRHAVEN 2S103DC00822
GRANT,JOHN&KRISTEN 11270 SW FAIRHAVEN CT 2S103DC00820
TORRES,HARVEY&JANET 11445 SW FAIRHAVEN ST 2S103DC00804
FIALDORSON,LELAND K 11250 SW FAIRHAVEN CT 2S103DC00819
HAMILTON,LARRY D&DIARY JO 11290 SW FAIRHAVEN CT 2S103DC00821
HANSEN,LAURENCE LEE 10965 SW FAIRHAVEN ST 2S103DD0049
HOEFER,ROLAND ISH&ALTA L 13675 SW 114TH AVE 2S103DC00811
KAKESAKO,RANDALL M&KATHLEEN
N 13635 SW 114TH AVE 2S103DC00808
KLUVIP,KENNETH B 11345 SW FAIRHAVEN ST 2S103DC00814
JAMES,SUZANNE 11415 SW FAIRHAVEN ST 2S103DC00805
MBOUSYA,LUE RENE&DELPHINE AU 13655 SW 115TH AVE 2S103CD00500
MCCOLL,LEE&NANCY L 11265 SW FAIRHAVEN ST 2S103DC00816
TMLELLA,JOSE LUIS ESPINO&AMY
ESPINO 10960 SW FAIRHAVEN ST 2S103DD00410
MILLS,ROBERT W&IRENE C 13530 SW 115TH AVE 2S103DC00803
MORALES,SADIE C&RAYMOND K 13620 SW 110TH AVE 2S103DD00411
RIVERA,EUSEBIO E&SHIRETTA 13610 SW 115TH AVE 2S103DC00807
SICKLES,DANIEL J 13670 SW 114T"AVE 2S103DC00810
STREALY,GARY C 11200 SW FAIRHAVEN ST 2S103DC00818
TOPF,PAUL J&CHRISTA M 11385 SW FAIRHAVEN ST 2S103DC00806
WATANABE,FREDERIC H 13630 SW 114TH AVE 2S103DC00809
To be recorded in Deed Records per Tigard Municipal Code 13.09.
Cover Page for Recording
Reimbursement District No Page 1 of I
CITY OF T.IGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08- (0-7
A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (SW
FAIRHAVEN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT
CONTAINED IN RESOLUTION NO. 08-05.
WHEREAS, on February 12, 2008, the City Council approved Resolution No. 08-05 to form Sanitary Sewer
District No. 38 to construct a sewer in SW Fairhaven Street in accordance with TMC Chapter 13.09;and
WHEREAS,Resolution No. 08-05 included the City Engineers Report that included an estimated construction
and total protect cost;and
WHEREAS, construction of the sewer improvements has been completed, final costs have been determined,
and the City Engineer's Report has been revised to include the final costs as required by TMC 13.09.105 (1);
and
WHEREAS, the property owners within the district have been notified of an informational hearing in
accordance with TMC 13.09.060 and an informational hearing was conducted in accordance with TMC
13.09.105;and
WHEREAS, the City Council has determined that the proposed revisions to the City Engineer's Report, as
recommended by the City Engineer,are appropriate.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Final City Engineer's Report titled "Sanitary Sewer Reimbursement District No. 38",
attached hereto as Exhibit A,is hereby approved.
SECTION 2: The City Engineer's Report as presented in Resolution No. 08-05 is hereby amended by the
attached Final City Engineer's Report (Exhibit A).
SECTION 3: The City Recorder shall cause a copy of this resolution to be filed in the office of the County
Recorder and shall mail a copy of this resolution to all affected property owners at their last
known address.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This O�0 day of C 2008.
RESOLUTION NO. 08 - b-7
Page 1
Mayor'--(Z of Tigard
ATTEST:
CL-e
City Recorder-City of Tigard
to be a True Copy of
Origin�� Fide
By:
p puty Recorder- ity of Ti rd
_=Date: ® !�� joi
RESOLUTION NO. 08 - Gj 7
Page 2
Exhibit A
Final City Engineer's Report
Sanitary Sewer Reimbursement District No. 38
(SW Fairhaven Street)
Background
This project was constructed and funded under the City of Tigard Neighborhood Sewer
Extension Program (NSEP). Under,the program, the City of Tigard installed public sewers
to each lot within the project area. At the tune the property owner connects to the sewer,
the owner must pay a connection fee, currently $3,135, and reimburse the City for a fair
share of the cost of the public sewer. There is no requirement to connect to the sewer or
pay any fee until connection is made. In addition, property owners are responsible for
disconnecting their existing septic systems according to Washington County rules and for
any other modifications necessary to connect to the public sewer.
Project Area - Zone of Benefit
Serving the 22 lots in the following table required the connection to an existing sewer along
a creek west of SW 110th Avenue. Lines from the existing sewer were extended east to serve
three lots along SW 110th Avenue and west to SW 115th Avenue to serve 19 lots.
Although the sewer passes along the frontage of 13575 and 13615 SW 115th Avenue, these
two lots are not included in the reimbursement district since they are currently connected to
a sewer at the back of the lots.
The project provided sewer service to a total of 22 lots within the Reimbursement District as
shown on Exhibit Map B.
Cost
The portion of sewers nearest to the connection to the existing sewer passes through areas
to the east and west where services are not provided. The reimbursement district was
formed without including this portion of the lune within the district.. Consequently, the final
construction cost of $59,904 for flus portion of the sewer is not allocated to the
reimbursement district.
The final construction cost for the remaining portion of the sanitary sewer to provide service
to the 22 lots is $216,434.40. Engineering and inspection fees amount to $29,219 (13.5%) as
defined in TMC 13.09.040(1). The final total project cost is $245,653. This is the amount
that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and
pay their fair share of the total amount. However, the actual amount that each property
owner pays is subject to the City's incentive program for early connections.
In addition to sharing the cost of the public sewer line, each property owner will be requited
to pay a connection and inspection fee, currently $3,135, upon connection to the public line.
All owners will be responsible for all plumbing costs required for work done on private
property.
Exhibit A Page 1 of 4
Reimbursement Rate
Eighteen of the properties within the district are zoned R-3.5 while four of the properties,
west of SW 114th Avenue, are zoned R-4.5 The lots are similarly developed but vary in size
from about 15,000 to 17,000 square feet as can be seen in the following list of lots.
Therefore, it is recommended that the total cost of the pro)ect be divided among the
properties proportional to the square footage of each property.
Other reimbursement methods include dividing the cost equally among the owners or by the
length of frontage of each property. These methods are not recommended because there is
no correlation between these methods and the cost of providing service to each lot or the
benefit to each lot.
Each property owner's final fair share of the public sewer line is $0.71124645 per
square foot of lot served. Each owner's fair share will be limited to $6,000, to the
extent that it does not exceed $15,000, for connections completed within three years
of City Council approval.of the final City Engineer's Report following construction in
accordance with Resolution No: 01-46 (attached). In addition to paying for the first
$6,000, owners will remain responsible for paying-all costs that exceed$15,000. Upon
request, payment of costs that exceed $15,000 may be deferred until the lot is
developed, as provided by Resolution No. 03-55 (attached).
Annual Fee Adjustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each property
owner's fair share of the sewer line costs on the anniversary date of the reimbursement
agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City
of Tigard Resolution No. 98-22.
Recommendation
It is recommended that the reimbursement district be finalized with an annual fee increase as
indicated above and that the reimbursement district continue for fifteen years as provided in
Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the
reimbursement district, properties connecting to the sewer would no longer be required to
pay the reimbursement fee.
Submitted October 14, 2008
Ag s in P. Duenas, P.E.
City Engineer
i:leng12007-2008 fy ciptlairhaven ss reimbursement dist#38&110th dist#43\hna1aation\drafis\foa1 reim dist 38 report ex a.doc
Exhibit A Page 2 of 4
FAIRHAVEN STREET DISTRICT NO. 38
Cost to Property Owners Based on Final Project Cost
October 30,2008
AMOUNT THAT
OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) AREA(AC) FINAL AMOUNT TO BE PAID AMOUNT TO BE PAID CAN BE
REIMBURSEMENT FEE BY OWNER BY CITY DEFERRED BY
OWNER
1 ADKINS,KATHRYN J TR 11305 SW FAIRHAVEN ST 2S103DC00815 15554.52 0.357 $11,063 $6,000 $5,063 $0
2 BURMAN,RAYMOND N&JUDY L 11225 SW'FAIF:HAVEN ST 2S103DC0081716997.32 0.390 $12;089 $6,000 $6,089 $0
3 CUMMINS,ROBERT J&DIANE G 11310 SW,FAIRHAVEN 2S103DC00822 15836.29 0.364 $11,264 $6,000 $5,264 $0
4 GRANT,JOHN&KRISTEN 11270 SW'FAIRHAVEN CT 2S103DC00820 16982.90 0.390 $12,079 $6,000 $6,079 $0
5 TORRES,HARVEY&JANET 11445 SW FAIRHAVEN ST 2S103DC00804 15016.00 0.345 $10,680 $6,000 $4,680 $0
6 HALDORSON,LELAND K 11250,SW FAIRHAVEN CT 2S103DC00819 16723.11 0.384 $11,894 $6,000 $5,894 $0
7 HAMILTON,LARRY D&MARY JO 11290 SW'FAIRHAVEN CT 2S103DC00821 16889.16 0.388 $12,012 $6,000 $6,012 $0
8 HANSEN,LAURENCE LEE 10965 SW FAIRHAVEN ST 2S103DC00409 16568.65 0.380 $11,784 $6,000 $5;784 $0
9 HOEFER,ROLAND ISH&ALTA L 13675 SW 114TH AVE 2S103DC00811 15003.04 0.344 $10,671 $6,000 $4,671 $0
10 KAKESAKO,RANDALL M&KATHLEEN N 13635 SW 114TH AVE 2S103DC00808 15003.03 0.344 $10,671 $6,000 $44,671 $0
11 KLUMP,KENNETH B 11345 SW FAIRHAVEN ST 2S103DC00814 15555:00 0.357 $11,063 $6,000 _ $5,063 $0
12 JAMES,SUZANNE 11415 SW FAIRHAVEN ST 2S103DC00805 15014.47 0.345 $10,679 $6;000 $4,679 $0
13 MBOUSYA,LUC RENE&DELPHINE AU 13655 SW 115TH AVE 2S103CD00500 15063.98 0.346 $10,714 $6,000 $4,714 $0
14 MCCOLL,LEE&NANCY L 11265 SW FAIRHAVEN ST 2S103DC00816 15558.05, 0 357 $11,066 $6;6'00 $5,066 $0
15 MELLA,JOSE LUIS ESPINO&AMY ESPINO 10960 SW FAIRHAVEN ST 2S103DC004,10 15426.27 01354 $10,972 $6,000 $4,972 $0
16 MILLS,ROBERT W&IRENE C 13530 SW 115TH AVE 2S103DC00803 15016.79 0.345 $10,681 $6,000 $4,681 $0
17 MORALES,SADIE C&RAYMOND K 13620 SW 110TH AVE 2S103DC00411 17293.12 0.397 $12,300 $6,000 $6;300 $0
18 RIVERA,EUSEBIO E&SHIRETTA 13610 SW 115TH AVE 2S103DC00807 15003.04 0.344 $10,671 $6,000 $4,671 $0
19 SICKLES,DANIEL J 13670 SW 114TH AVE 2S103DC00810 15003.79 0.344 $10,671 $6,000 $4,671 $0
20 STREALY,GARY C 11230 SW FAIRHAVEN ST 2S103DC00818 15859.36 0.364 $11,280 $6,000 $5,280 $0
21 TOPF,PAUL J&CHRISTA M 11385 SW FAIRHAVEN ST 2S103DC00806 15012.93 0.345 $10,678 $6,000 $4,678 $0
22 WATANABE,FREDERIC H 13630 SW 114TH 2S103DC00809 15003.04 0.344 $10,671 $6,000 $4,671 $0
Totals 345384 7.93 $245,653 $132,000 $113,653 $0
The"FINAL REIMBURSEMENT FEE"column,shows the reimbursement fee for each lot. There are no
requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer.
In accordance with Resolution No.01-46,each property owner will be required to pay the first$6,000 of the
final reimbursement fee for connections completed within the first three years of City Council's approval of the
final City Engineer's Report following construction. The"AMOUNT TO BE PAID BY CITY"column shows that
portion of the reimbursement fee that the owners will not be required to pay if they connect to the sewer
during this three year period.
This resolution also requires owners to pay any fair share amount that exceed$15,000. Consequently,if the
final fair share for an owner exceeds$15,000,the owner would be required to pay$6,000 plus that amount of
the fair share that exceeds$15,000. Under Resolution No.03-55,payment of the amount in excess of$15,000
maybe deferred until the owner's lot is developed.This amount is shown in the"AMOUNT THAT CAN BE
DEFERRED BY OWNER"column.
In addition to the reimbursement fee,the owners will also be required to pay a connection fee,currently
$3,135,at the time of connection to the sewer In addition,property owners are responsible for disconnecting
their existing septic system according to Washington County rules and for any other modifications necessary to
connect to the public sewer
PAGE 3,OF4'
FAIRHAVEN -STREET DISTRICT NO. 38
Cost to Property Owners Based on Final Project Cost
October 30, 2008
Final Construction Cost $216,434.40
13 5%contingency(Admin & Eng) _ $29,219
Total project costs $245,653
Total area to be served(S.F.) 345,384
Total estimated cost per S.F to property owner $0.71124645
r
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