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2005-138316 Washington County,Oregon 20055.138316 12005 09:38:34 AM ► L—0 Cnt=1 Stn=13 I CASTILLO $35.00$8.00$11.00-Total=$52.00 00860810200501383160070078 I,Jerry Hanson,Director of Assessment and Taxation and Ex-Officlo County Clerk for Washington County, - � Oregon,do hereby certify that the within Instrument ofJ writing was received and recorded In the book of � E � records of said county. Amrs Jerry R.Henson,Director esessment and Taxation, `r+ � AML Ex-Officlo County Clerk CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Formation of Reimbursement District No. 35 - SW Ash Avenue Name of Person(s), Address, and Map and Tax Lot Identification: OWNER TAX LOT SITE ADDRESS Adams, Verne E 2AI02CDO1400 13565 SW Ash Avenue, Tigard, OR 97223 Boone, Joe- 2S102CD01800 13605 SW Ash Avenue, Tigard, OR 97223 Cox Family Trust 2S103CDO2704 13580 SW Ash Avenue, Tigard, OR 97223 Digman, Donald C. 2SI02CDO2710 13600 SW Ash Avenue, Tigard, OR 97223 Olson, Norris A. 2S102CDO2713 13660 SW Ash Avenue, Tigard, OR 97223 Ostroska, Willam L. 2S 102CDO2716 13680.SW Ash Avenue, Tigard, OR.97223 Redlinger, Elizabeth 2S 102CDO2707 13630 SW Ash Avenue, Tigard, OR 97223 Thomas, Roy F. 2SI02CDO2708 13560 SW Ash Avenue, Tigard, OR.97223 Yarger, Sean &April 2S102CDO1600 13585 SW Ash Avenue, Tigard, OR 97223.. To be recorded in Deed Records per Tigard Municipal Code 13.09. COVER PAGE FOR RECORDING - 1 of 7 Name of Transaction:Establishment of Reimbursement District No.35 SW Ash Avenue Name of Person(s),Address,and Map and Tax Lot Identification CITY OF TIGARD OREGON 2005-138316 I III III I III�II RESOLUTION NO. 05- �51 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 35 (SW ASH AVENUE) 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. 35 (SW Ash Street)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. 35", 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 on Exhibit B. The District shall be known as"Sanitary Sewer Reimbursement District No. 35, SW Ash Avenue." 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. PASSED: This — day of -t.L ' 2005. Mayor- ty of Tigard ATTEST: City Recorder City of Tig Certified to be airue Copw f Original on File RESOLUTION NO. 05 - j By: Page 1 Deputy Re rder- City of 119an1 Date: 2005-138316 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 35 (SW Ash Avenue) 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 $2,635, 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 system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the nine lots in the following table will require the extension of an existing sewer in SW Ash Avenue 510 feet south and west. Further extension of the line could have also provided service to 13700 SW Ash Street. However, this lot could be directly served by another existing sewer in Ash Street so it is not proposed to be included in the district. City staff has discussed service options with the owner. The proposed project would provide sewer service to a total of nine lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the nine lots is $97,106. Engineering and inspection fees amount to $13,109 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $110,215. 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 $2,635, 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 . I►���IIIIIIIIIIIIIIIIIIIIIII 38316 Reimbursement Rate All properties are zoned R-4.5 but vary in lot size from about ten thousand to twenty-seven 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 $0.5590 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 Adiustment 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 the 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 26, 2005 Agu ti P. Duenas, P.E. City gineer rkengtgreg\reimbursement districtsl35 ash aWormationVeim dist 35 report app a.doc Exhibit A Page 2 of 4 . 005-13 8316 ASH AVENUE Reimbursement District No. 35 Estimated Cost to Property Owners July 14,2005 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER ADAMS VERNE E 13565 SW ASH AVE 2S102CDO1400 11699.288 $6,540 $6,000 $540 BOONE JOE 13605 SW ASH AVE 2S102CDO1800 10352.072 $5,787 $5,787 $0 COX FAMILY TRUST 13580 SW ASH AVE 2S102CD02704 26706.496 $14,929 $6,000 $8,929 DIGMAN DONALD C 13600 SW ASH AVE 2S102CD02710 25721.062 $14,378 $6,000 $8,378 OLSON NORRIS A 13660 SW ASH AVE 2S102CD02713 24475.364 $13,682 $6,000 $7,682 OSTROSKA WILLIAM L 13680 SW ASH AVE 2S102CD02716 25319.664 $14,154 $6,000 $8,154 REDLINGER ELIZABETH 13630 SW ASH AVE 2S102CD02707 25103.723 $14,033 $6,000 $8,033 THOMAS ROY F 13560 SW ASH AVE 2S102CD02708 27180.662 $15,194 $6,194 $9,000 YARGER SEAN&APRIL 13585 SW ASH AVE 2S102CD01600 20604.994 $11,518 $6,000 $5,518 Totals 197163 $110,215 $53,981 $56,234 (Cost to Owners+Cost to City) $110,215 Page 3 of 4 . 1111111111111 I ill III I IIII III 2005-138316 ASH AVENUE Reimbursement District No. 35 Estimated Cost to Property Owners summary July 14,2005 Estimated Construction Cost $84,440 15%contingency(construction) $12,666 Estimated construction subtotal $97,106 13.5%contingency(Admin&Eng) $13,109 total project costs $110,215 total area to be served(S.F.) 197,163 total cost per S.F.to property owner $0.55900513 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; $2,635 following June 30, 2005, 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 will be explained during the Neighborhood Meeting and there will be an opportunity to ask questions. Page 4 of 4 ASH AVENUE FY 2005-06 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT #35 A PORTION OF THE SW 1 /4 OF ..SECTION 2 T2S R1 W W. M . iv Co- p ^O � ory �4 �ory �p Ory �O �Ory p pry pp�hC°ry�'� o,OCV. ASH -AVENUE - (Z AVENUE -o A�, CTI � . m NOTE: _EXHIBIT B -_ All properties in the reimbursement NTS district are zoned R4.5 Revision 1