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2007-099501 Washington County,Oregon 2007.099501 091141 10:02:18 AM Return Recorded Document to: D-R&O Cnt=1 Stn%3 $40.00$11.00$5.00-Total=$56.00 City of Tigard—Records Department 13125 SW Hall Blvd �0 Tigard, ORE 97223 11111111111111 111 01165226200700995010080088 I,Richard Hobemlcht,Director of Assessment and K• No Change in Tax Statement Taxation and Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that the within Instrument of writing was received and recorded In the; book of records of said cou t� /� %ef 1 GM Richard Hobemicht,Director of Assessment and NJ Taxation,Ex-Offlclo County Clerk e , COVER PAGE FOR RECORDING Name of Transaction: Finalization of Sanitary Sewer Reimbursement District No. 37 (SW 87h and Hall Blvd) Name(s) Address Tax Map & Lot No. Gardner,Richard A 13940 SW 87th Ct 2S102DD00809 Bogan,Reginald&Susan H 13855 SW Hall Blvd 2S102DD00801 Curtis Family Trust 13960 SW 87th Ct 2S102DD00808 Bosshardt,Aurther A 13915 SW Hall Blvd 2S102DD00802 Curtis Family Trust 13905 SW 87th Ct 2S102DD00812 Curtis Family Trust 13935 SW 87th Ct 2S102DD00813 To be recorded in Deed Records per Tigard Municipal Code 13.09. Cover Page for Recording Reimbursement District No. 37 Page 1 of 8 Cl, , OFT]GARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07--(o A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87nr COURT AND HULL BOULEVARD) AND -MENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-06. WHEREAS, on January 23, 2007, the City Council approved Resolution No. 07-06 to form Sanitary Sewer District No. 37 to extend sewer service to SW 87t', Court in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 07-06 included the City Engineer's Report which provided an estimated construction and total project cost; and WHFJ EAS, 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 TMC13.09.060 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 Cite 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. 37", attached hereto as Exhibit A, is hereby approved. SECTION 2: The City Engineer's Report as presented in Resolution No. 07-06 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. .RESOLUTION NO. 07 - � `age 1 PASSED: This 1 7 day of 2007. Mayor City of Tigard ATTEST: tee. City Recorder- City of Tigard Certified to be a tnre copy of the ori'gina/docatmenl on fle�Citp of Tioaid Cid,hall B)' 0 7 • ,, RESOLUTION NO.07 - Page 2 Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 37 (SW 871h Court,Hall Boulevard) 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 time the property owner connects to the sewer the owner must pay a connection fee, currently $2,835, 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 The six lots in this district are the lots that can not be served without sewer line extensions. Serving these six lots required boring across SW Hall Boulevard to an existing sewer in SW Merlyne Court. This boring also provided service to ten other lots along SW McDonald Street as shown on Attachment 3. These ten lots were provided with access to a main line constructed in 1992 through Reimbursement District No. 1. The downstream end of the main line was terminated at SW Hall Boulevard leaving the lots without service. This mainline was connected to the proposed line crossing SW Hall Boulevard and is now functional. The owners will be notified when service becomes available. Reimbursement District No. 1 expired on'January 21, 2002, so owners may connect to the sewer without payment of a reimbursement fee. The remaining lots on SW 87th Court already are served from an existing line to the rear of the lots and are not included in this district. The project provided sewer service to a total of six lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The contract for construction of the sewer was part of a larger project awarded by City Council for $295,557 on February 27, 2007. The portion of the project included in the reimbursement district was awarded for $155,518. The final cost of the entire project is $280,303.50. The final construction cost of the portion of the project to provide service to the six lots within the district is $160,387. Engineering and inspection fees amount to $21,652 (13.5%) as defined in TMC 13.09.040(1). The final total project cost for the district is $182,039. 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 required to pay a connection and inspection fee, currently $2,835, upon connection to the public line. Exhibit A Page I of 4 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-4.5 but vary in lot size from about fifteen thousand to sixteen thousand square feet as can be seen in the following list of Iots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional recommended 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 $1.94367943 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 a 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 July 31, 2007 Ag s 'n P. Duenas, P.E. Ci ngineer i:tengt2006-2007 ty ap%07th ave san leve reimb dist 37Tmalizationlb14-07 r6m dal 37 mpod e a 6M Exhibit A Page 2 of 4 87TH COURT Reimbursement District No. 37 Cost to Property Owners Based on'Flnal Project Cost July 26,2007 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 DEFFERED BY OWNER 1 GARDNER RICHARD A 13940 SW 87TH CT 2S1020D00809 16175.35075 0.371 $31,440 $22,440 $9,000 $16,440 2 BOGAN REGINALD&SUSAN HP 13855 SW HALL 2S102D000601 14697.75398 0,337 $28,568 $19,568 $9,000 $13,568 3 CURTIS FAMILY TRUST 13960 SW 87TH CT 2S102DD00808 15426.11273 0.354 $29,983 $20,983 $9.000 $14,983 4 BOSSHARDT AURTHER A 13915 SW HALL BLVD 2S102DD00802 14976.41384 0.344 $29,109 $20,109 $9,000 $14,109 5 CURTIS FAMILY TRUST 13905 SW 87TH CT 2S102DD00812 16443.5323 0.377 $31,961 $22,961 $9,000 $16.951 6 CURTIS FAMILY TRUST 13935 SW 87TH CT 2S102DD00813 15937,57553 0.366 $30,978 $21,978 $9,000 $15,978 Totals 93657 2.15 $182,039 5128,039 S54,000 $92,039 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 falr share that exceeds$15,000. Under Resolution No. 03-55, payment of the amount in excess of$15,000 may be 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$2,835, 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 3OF4 87TH COURT Reimbursement District No. 37 Cost to Property Owners Based on Final Project Cost 7/26/2007 July 26,2007 Final Construction Cost $160,387 13.5%contingency(Admin&Eng) $21,652 total project costs $182,039 total area to be served(S.F.) 93,657 total cost per S.F.to property owner $1.94367943 PAGE 4OF4 87TH COURT FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 37 A PORTION OF THE SW 1 /4 SECTION 2 T2S R1 W W.M. 0 251020000801 6 9 , FA , p0 P� BOGAN, REGlNALD C SUSAN HANSON 13855 SW 87TH CT F,t' R4.5 GP��9p0 O� 87TH CT �j I�ZZ GD2S102DD008r3 NOFPs1h k CUR TI S FAMILY TRUST ��p �� m Q JOHN CT 13935 SW 87TH CT R4.5 ME-PL YNE C T m MCDONALO ST J Q NOTE: All properties in the reimbursement district are zoned R4.5 EXHIBIT B NTS Wash' -'on County,Oregon 2007.014736 Return R&orded Document to: 02ra O 7 02:11:11 PM D•R&t+ Cnto1 Stna21 RECORDSI aCity of Tigard—Records Department $40.o0$6.00$11.00•Total=$57.00 13125 SW Hall Blvd Tigard, ORE 97223 01072558200700147360080088 No Change in Tax Statement I,Richard Hobemlcht,Director of Assessment and Taxation and Ex-Ofticlo County Clerk for Washington y County,Oregon,do hereby certify that the within 9Fr Instrument of was received and record J � book of recordss of of s Bald cou� '• Richard Hobemlcht,Director of Assessment and Taxation,Ex-Offlelo County Cleric � a � COVER PAGE FOR RECORDING Name of Transaction: Establishing Sanitary Sewer Reimbursement District No.37 (SW 87`h Court , Hall Boulavard) Name(s) Address Tax Map & Lot No. GARDNER RICHARD A 13940 SW 87TH CT 2S102DD00809 BOGAN REGINALD & SUSAN HANSON 13855 SW HALL 2S102DD00801 CURTIS FAMILY TRUST 13960 SW 87TH CT 2S102DD00808 BOSSHARDT AURTHER A 13915 SW HALL BLVD 2S102DD00802 CURTIS FAMILY TRUST 13905 SW 87TH CT 2S102DD00812 CURTIS FAMILY TRUST 13935 SW 87TH CT 2S102DD00813 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 TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07-ro A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87TH COURT, HALL BOULEVARD) 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. 37 (SW 87th Court, Hall Boulevard) 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 Sever Reimbursement District No. 37," 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. 37, SW 87th Court and Hall Boulevard." 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. RESOLUTION NO. 07 - Page 1 SECTION 6: This resolution is effective immediately upon passage. PASSED: This day ofA11rLVCVU-L2007. O ' Council President, City of Tigard ATTEST: /'/-yam--/-fir � /� -�,/--�//�-�//� ,� .f�Y�FuiJ'I:'r'L±}Y•`•i��iri,�"�1�F2',�:r, City Recorder- City of igardd— !:\eng\2006-2007 m 4P 'i'Y o �' J +ii•'° Et r e, y<. fy dp\87th we san sew reimb dist 37Vormation\1-23-07 reim dist 37 res.doc r n rt Certified to be a True Copy>'df=`` Original on File By: Deputy Recorder - City of T and Date: ._ RESOLUTION NO. 07 - Page 2 W Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 37 (SW 871' Court, Hall Boulevard) 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 fee, currently $2,735, 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 The six lots in this district are the lots that can not be served without sewer line extensions. Serving these six lots will require boring across SW Hall Boulevard to an existing sewer in SW Merlyne Court. This boring will also provide service to ten other lots along SW McDonald Street as shown on Attachment 3. These ten lots were provided with access to a main line constructed in 1992 through Reimbursement District No. 1. The downstream end of the main line was terminated at SW Hall Boulevard leaving the lots without service. This mainline will be connected to the proposed line crossing SW Hall Boulevard and will become functional. The owners will be notified when service becomes available. Reimbursement District No. 1 expired on January 21, 2002, so owners may connect to the sewer without payment of a reimbursement fee. The remaining lots on SW 87th Court already are served from an existing line to the rear of the lots and are not included in this district. The proposed project would provide sewer service to a total of six 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 six lots is $130,392. Engineering and inspection fees amount to $17,603 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $147,994. 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 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 required to pay a connection and inspection fee, currently $2,735, 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 All properties in the proposed district are zoned R-4.5 but vary in lot size from about fifteen thousand to sixteen thousand 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. 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 $1.58017957 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. Submitted January 9, 2007 Qp. d,__ A tin P. Duenas, P.E. City Engineer i1eng\2006-2007 fy cip\87th ave san sew reimb dist 37\formation\1-23-07 reim dist 37 report ex a.doc Exhibit A Page 2 of 4 87TH COURT Reimbursement District No. 37 Estimated Cost to Property Owners September 1,2006 ESTIMATED AMOUNT TO BE PAID AMOUNT TO BE PAID AMOUNT THAT OWNER SITE ADDRESS TAX LOT 10 AREA(S.F.) AREA(AC) REIMBURSEMENT BY OWNER BY CITY CAN BE DEFERED FEE BY OWNER 1 GARDNER RICHARD 13940 SW 87TH CT 2S102DD00809 16175.35075 0.371 $25,560 $16,560 $9,000 $10,560 2 BOGAN REGINALD&SUSAN HF 13855 SW HALL 2S102DD00801 14697.75398 0.337 $23,225 $14,225 $9,000 $8,225 3 CURTIS FAMILY TRUST 13960 SW 87TH CT 2S102DD00808 15426.11273 0.354 $24,376 $15,376 $9,000 $9,376 4 BOSSHARDT AURTHER A 13915 SW HALL BLVD 2S102DD00802 14976.41384 0.344 $23,665 $14,665 $9,000 $8,665 5 CURTIS FAMILY TRUST 13905 SW 87TH CT 2S102DD00812 16443.5323 0.377 $25,984 $16,984 $9,000 $10,984 6 CURTIS FAMILY TRUST 13935 SW 87TH CT 2S102DD00813 15937.57553 0.366 $25,184 $16,184 $9,000 $10,184 Totals 93657 2.15 $147,994 $93,994 $54,000 $57,994 PAGE 3 OF 4 87TH COURT Reimbursement District No. 37 Estimated Cost to Property Owners Summary September 1,2006 Estimated Construction Cost $113,384 15%contingency(construction) $17,008 Estimated construction subtotal $130,392 13.5%contingency(Admin&Eng) $17,603 total project costs $147,994 total area to be served(S.F.) 93,657 total cost per S.F.to property owner $1.58017957 The"estimated cost to property owner"column shows the estimated reimbursement fee each owner is required to pay to connect to the sewer. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. The amount each property owner will be required to pay will be limited to$6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. This amount is shown in the"paid by owner"column. The remaining portion of the reimbursement fee that the owner will not be required to pay during this three year period is shown in the"paid by city"column. Please note that this resolution also requires the owner to pay any fair share amounts 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 the amount the fair share exceeds$15,000. Under Resolution 03-55,payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee,currently$2,735, 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. These costs are as presented during the Neighborhood Meeting and will be revised once construction is completed and final costs are determined. PAGE 4OF4 87TH COURT FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 37 A PORTION OF THE SW 1 /4 SECTION 2 T2S R 1 W W.M. Qg 0 25102DD00801 OO��P�O BOGAN, REGINALD FANNO 00��G�� & SUSAN HANSON �FF� ti4� 13855 SW 87TH CT � 5�k R4.5 87TH CT 5 N m os moo pp0\�1��� oQ�i� 25102 D0081,3 N0�P �g �3 �y pG CURTIS FAMILY TRUST ����p�' � m Q JOHN CT s> 13935 SW 87TH CT G "i R4.5 N MERL YNE C T 0 J CQ MCDONALD ST- NOTE: TNOTE: All properties in the reimbursement EXHIBIT B district are zoned R4.5 NTS