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2010-077379 Q Washington County,Oregon 10101/2010 09:41;18 AM ZD�0-077379 D-R&O Cnt=1 Stn=7 K GRUNEWALD $60.00$6.00$11.00$16.00-Total a$81.00 Return Recorded Document to: City of Tigard—Records Department 01627410201000773790100109 13125 SW Hall Blvd I,Richard Hobernlcht,tilrector of Assessment and Taxation and Ex-officio County Clerk for Washington Tigard ORE 97223 County,Oregon,do hereby certify thatthe withl n '. �•, Instrument of writing was received and re orded In the book of records of said coupiy. , t1 NO CHANGE IN TAX STATEMENT Richard Hobernlcht,Director of Assessment and Taxation,Ex-Officio County Ckerk to 0 Is COVER PAGE FOR RECORDING Name of Transaction: Resolution No. 10- Formation Sanitary 0-Fo:rmationSanitary Sewer Reimbursement District No. 48 Lower Cherry Sanitary Sewer Extension STEWART,MARTIN D&CARlul F 7570 5\X'CHERRY DR 2S101DCO2100 WID111-.N,THo11IAS G 7550 SW CHERRY DR 2S101DCO2000 HERIvLkNSON,PATRIC1A M 7530 SW CHERRY DR 2SI01DC01900 CHEIL-IRIN,LISA 11& 7510 SW CHERRY DR 2SI01DC01800 To be recorded in Deed Records per Tigard Municipal Code 13.09. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- ,37 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (SW LOWER CHERRY DRIVE) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09;and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 48 (SW Lower Cherry Drive) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050;and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District,the estimated costs, a method for spreading the cost among the parcels within the District,and a recommendation for an annual fee adjustment;and WHEREAS,the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 48," attached hereto as Exhibit A,is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 48." SECTION 3: Payment of the reimbursement fee, as shown in Exhibit A,is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4: An annual fee adjustment,at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5: 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,in accordance with TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 10- j Page 1 - PASSED: This 13th day of July 2010. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard Certified to be a True Copy of ' Original on File Deputy Recorder - Cop of 11gard Dat®: -2 RESOLUTION NO. 10 - Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 48 (SW Louver Cherry Drive) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection and inspection fee, currently $4,135, 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 four lots in the following table will require extending an existing sewer along the back lot lines of the lots to be served. No further extension of this line will be required. The surrounding area is completely served with sewer. The proposed project would provide sewer service to a total of four lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the four lots is $129,017. Engineering and inspection fees amount to $17,417 (13.5%) as defined in TMC 13,09,040(1). The sewer will be construction within easements purchased by the City at a cost of$6,400. In addition, a total of$2,822 will be paid to owners to compensate them for the cost of restoring property disturbed by construction. The estimated total project cost is $155,657. This is the estimated 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 depends upon the extent to which the owner is eligible for the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay a connection and inspection fee, currently $4,135, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in the proposed district are zoned R-3.5 but vary in lot size from about 20,000 to 32,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Exhibit A Page i of 4 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 estimated fair share of the public sewer line is $1.5011 per square foot of lot served. Each owner's fair share would 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 actual 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 a reimbursement district be formed 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. Submittedjune 28, 2010 Theodore S. Kyle, P.E. City Engineer Exhibit A Page 2 of 4 00 ry V zo CL p z H- F- V) zz � � � Z w L o W T- 1) � �U ---- 00810oQ 101SZ m W (/� 60 AdN3HO m (!l MS 0 t SL h- Z LLJ \ `NINbW3H0 m d� o = W �• di O.( ��! x LLJ o� O Z w a p Qo S � � _ ��� . .__ ,�,d�d�20 � E— �P `yo�y''o o yo WOOv> 6' O � IP O 0 Lo ry Q - a) 0 M ai CD Q ❑.. W O Q*L o z4 � LOWER CHERRY ISR CIP 2010 Sanitary Sewer Extension Program E.sdrnared Cost to Property Owners .Sz�xrzm�ary Tbarsday,Aprd 22,2010 Estimated Construction Costs $112,189 ---- -- -------- 15.00°1 Estimated eonsttiaction subtotal $129,017 13.50%Adm-i-iisttadon &En inee n - - $17,417 Easement Cost $6,400.00 Site Restoration- - --- -- - - $2,822.00 -- total project costs $155,657 - - -- — --- -- ........ ._ ------ toud area to be served (S.F.) 103695 total cost per S.F. to property owner $1.50110847 I:\E G\2(109-7-(110 FY CIP\Lower Chc.ry Smutuy Sewer I-,Nt-IFAS Kcy 93048 File 0677\Lnpneering F- ti nae\Lower Cherry Estirnate By Ta-,Lot(Area) 3 o[4 LOWER CHERRY DR CIP 2010 Sanitary Sewer Extension Program Estimated Cost to Property Or mars Thursday,Apri122,2410 Estimated Amount that Owner Site Address Tax Lot ID Area(S.F.) Area Reimbursement Amount to be Amount to be can be (AC) Fee Paid by Owner Paid by City Deferred by Owner 1 )x/IDII+LA N, ,TI-IO1tit kS G 7550 SW CHERRY DR 2S101DCO2000 28308.7 0.65 $ 42,494 $ 33,494 $ 9,000 $ 27,494 2 IIERIMANSON,P,V17RICLA i f 7530 SW CHERRY DR 2SIOlDC:01900 23398.3 0.54 $ 35,123 $ 26,123 $ 9,000 $ 20,123 3 CHEMARIN,LISA:-i& 7510 SVc%CHERRY DR 2S101DC01800 19755.8 0.45 $ 29,656 $ 20,656 $ 9,000 $ 14,656 4 MARTIN D.S7'EL4'R'T&CtUUA STFWR'r 7570 SW CHERRY DR 2S101DC03100 32231.7 0-739 $ 48,383 $ 39,383 $ 9,000 $ 33,383 Totals 103694.5 2,379 $ 155,657 $ 119,657 $ 36,000 $ 95,657 The"ESTIMATED REIMBURSEMENT FEE"column shows the estimated reimbursement fee for each lot. There are no requirements to connect to the sewer or pay any fees tultil the owner decides to connect to the sewer. The final reimbursement fee will be detemained once construction is complete and final costs are determined. In accordance with Resolution No.01-46,each propeM,away-T will be required to pay the first$6,000 of the final reimbursement fee for connections completed within the Erst three years ofCit-. Council's approval of the final Cite Engineer's Report following construction. The"AMOUNT TO BE PAID BY CITE"'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. Tbis 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 requited 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 may he deferred until the owner's iot is developed.This amount is shown in the"AMOUNT THAT CAN BE DEFERRED BY O'%VN1 'column. In addition to the reimbursement fee,the owners will also be required to pay a connection fee,currently$4,135,at the time of connection to the sewer. In addition,property owners are responsible Cot disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sc-,ver. 4of4 1;\ENG\2094-2010 FY CIP�Lo\vcr Cbcrry Sanitary Sewer F_1Ct-1F 1S Kcy 93048 He Cherry-Estimate By Tae 1at(Area) LOWER CHERRY DRIVE-REIMBURSEMENT DIST NO. 48 FY 2009- 10 SANITARY SEWER ,EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W.M. , , t O�OpO �/ 7 ER ')"' DR 1 - �pry�� o�v4 o ca 0" o Ld 1 NOTE; All properties in the reimbursement district are zoned R3.5 EXHIBIT B NTS r Attachment 2 LOWER CHERRY DRIVE-REIMBURSEMENT DIST NO. 48 FY 2009- 10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SE 1 /4 SECTION 1 T2S Rl W W.M. r Lu � � RNA 5ST I f � E FIR 57 F!R ST - � f N I Q yr CHARY DR �— �� I Lil 0 I � i I i h SAND.I ST r � I f TECH CENTER 3 VICINITY MAP NTS