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2010-097408 Washington County,Oregon 2010-097408 12/03/2010 11:18:23 AM D-R90 CntO1 8tnz11 C WHITE $38.00$8.00$11.00$18.00-Total C$88.00 Return Recorded Document to: City of Tigard—Records Department 13125 SW Hall Blvd 015491 20100097 80070079 Tigard ORE 97223 I,Richard Hobernicht,Director of Assessment and Taxation and Ex-Officlo county Clerk for Washington County,Oregon,do hereby certify that the within ; ,$ Instrument of writing was received a d re ordad In the NO CHANGE IN TAX STATEMENT book of records of sold coin Richard Hobernicht,Director of Assessment and c Taxation,Ex-Officio County Clerk I1f. e COVER PAGE FOR RECORDING Name of Transaction: Resolution No. 10- 63 Finalization of Sanitary Sewer Reimbursement District No. 48 Lower Cherry Sanitary Sewer Extension STEWART,MARTIN D&CARLA E 7570 SW CHERRY DR 2S101DCO2100 WIDMAN,THOMAS G 7550 SW CHERRY DR 2S101DCO2000 HERMANSON,PATRICIA M 7530 SW CHERRY DR 2S101DC01900 CHEMARIN,LISA M&SANTORO,JENNIFER L 7510 SW CHERRY DR 2S101DC01800 To be recorded in Deed Records per Tigard Municipal Code 13.09. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- (0,3 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (LOWER SW CHERRY DRIVE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN.RESOLUTION NO. 10-37. WHEREAS, on July 13, 2010, the City Council approved Resolution No. 10-37 to form Sanitary Sewer Reimbursement District No. 48 to construct sewers in lower SW Cherry Drive in accordance with TMC Chapter 13.09;and WHEREAS, the City Engineer's Report, included in Resolution No. 10-37, estimated construction and total project cost; and WHEREAS, construction of the sewer improvements has been completed, final costs have been established, and die City Engineer's Report has been revised to include the these costs as required by TMC 13.09.105 (1); and WHEREAS, the property owners within the district have been notified of an informational public hearingin 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 City Engineer,are appropriate. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Final City Engineer's Report tided "Sanitary Sewer Reimbursement District No. 48," attached hereto as Exhibit A,is hereby approved. SECTION 2: The City Engineer's Report as presented in Resolution No. 10-37 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 dlis resolution to all affected property owners at their last knowqaddress. SECTION 4: This resolution is effective immediately upon passage. '' w jN PASSED: This �3 day of 2010. f}:° n �,.y jF -lar Ciry of Tigard Fb City Recorder- City of Tigard /// � I:\ENG\1-Active Projects%ower Cherry Sanitary Sewer Ext-IFAS Key 9]048 Fil \Council\Finalization\11.9-10 Hoodview Reim Dist 45 final Res.doc\`_�.f�Gwf f BY: RESOLUTION NO. 10 - �i 3 R Ctly ®� Page 1 ®: 4 Exhibit A Final City] ngineer's Report Sanitary,Sewer Reimbursement District No. 48 (Lower SW Cherry Drive) Bacicground This project will be constructed and funded under the Citywide Sanitary Sewer Extension Program. Under the program, the City of Tigard installs public sewers to each lot within an established reimbursement district. At the time of connecting to the public sewer, the property owner: - Pays a connection and inspection fee, currently $4,1.35. - Reimburses the City, for die owner's share of the sewer installation. - Assumes responsibility for any plurribing modifications necessary to connect to the public sewer. - Assumes responsibility for disconnecting the owner's existing septic system in accordance with Washington County regulations. There is no requirement to connect to the sewer or pay any fee until connection is made. Project Area-Zone of Benefit Serving the four lots in the-following table will.require_extending,in existing sewer along the back lot lines of the properties to be served. No further extension of this line will be required. Thesurrounding area is completely served with sewer. The project snakes available sewer service to a total of four lots within the reimbursement district as shown on Exhibit B to die proposed resolution. Cost The final cost to provide sanitary sewers to the four lots is $65,359. Construction $49,460 Purchasing Easements $6,400 Site Restoration $2,822 En " eerie and Inspection* $6,677 Total $65,359 * 13.5.percent as defined in TMC 13.09.040(1) This is the amount that should be reimbursed to the sanitary -sewer fund as properties connect to the.sewer and pay their share of"the project cost. However, the actual amount that each property owner pays may be affected by the owner's participation in the City's early connection incentive program. In,addition tosharing 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. Exhibit A Page 1 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-3.5 but vary in lot size from about 20,000 to 32,000 square feet as shown in the following list of lots. Therefore, the total cost of the project was divided among the properties proportional to the square footage of each property. This method is reasonable because sewer service is more beneficial to larger lots that may be more extensively developed. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are,not.:iecommended because there is no correlation between these methods and the cost of providing.service to each lot or die benefit to each lot. Each property owner's final fair share of the public sewer line is $0.6303 per square foot of lot served. In accordance with Resolution No. 01-46, owners who complete their connection within three years of City Council approval of the Final City Engineer's Report are eligible for incentives. Under these incentives, each owner's share would be limited to $6,000, to, the extent that this share does not exceed $15,000. In addition to paying for the first.$6,000, owners,are responsible for paying all actual costs in excess of $1:5,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03- 55. .Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's share of the public sewer 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 November 9,2010 Theodore Kyle,P.E. City Engineer I:tENG%t-AdWe PMJGd5MVnrChe11VSainory Sower Exp WAS Key 97048 File DGrrZouncM1aal14adanTx Apart Ito Reeolutlon.doe Exhibit A Page 2 of 4 LOWER CHERRY DR CII' 2.010 Sanitary Sewer Extension Program Fina!Cost to Properly Owners Summary Tuesday, October 19,2010 Final Construction Costs $49,460 Final construction subtotal $49,460 13.50%Administration&Engineering $6,677 Easement Cost $6,400.00 Site:Restoration $2,822.00 total project costs $65,359 total area to be served.@,R) 103695 total cost;per ST. to.property owner $0.63030440 [:\]sNG\1-Aetivc Projccts\l bwcr C[icrrySanitaryScwcr Est-IFAS Kcy 73048 hilc 0677\E-h0nc6ng Lstimatc\working Mtimatcs\Lowcr Chcrry-13stimatc Ily'1'ax.Lot (ArS:.'l)Asx ...Page 3 of 4 ` =4 LOWER CHERRY DR CIP 2010 Sanitary Sewer Extension Program Fina!Cost to Property'Orwiers Tuesda}-,October 19,2010 Final Amount that ' Owner Site Address Tax Lot ID Arca(S.F.) Area Reimbursement Amount to beAmount to be can be (AC) Fee Paid by Owner Paid by City Deferred by Owner 1 WID.LKAN,THOMAS G 7550 SW CHERRY DR 2SIOlDCO2000 28308.7 0.65 $ 17,843 $ 8,843 $ 900 $ 2,843 2 14..E1tKL-%N50N,.PA'l'ItIC1A N1 7530 SW CHERRY DR 2S10.1DC01900 23398.3 0.54 $ 14,748 $ 61000. $ 81748 $ - 3 CHEMARIN;LISA M& 7510 SW CHERRY DR 2SIOlDC01800 19755:8 0.45 $ 12,452 $ 6,000 $ 6,452 $ - 4 .1 IARTIN D..STEWRT&CARLA STEWART 7570 SW CHERRY DR 2SIOlDCO2100 32231.7 0:739 $ 20,316 $ 11,316 $ 9;000 $ 5,316 Totals 103694.5 2.379 $ 65;359 $ 32,159 $ 33,200 $ 8,159 The"FINAL.REIMBURSEMENT FEE"column shows the estimated reimbursement fee for each lot. There are no.requirements to connect to the sewer or;pay any fees until die owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. In accordance with Resolution No:01-46,each property owner will be required to pay the first 56,000 of the final reimbursement fee for connections completed within the first three rears of City Council's.approval of the final-City-Engineer's.Report following construction. The"AMOUNT TO BE PAID BY CITY"column shores 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 515,000,the owner would be required to pay $6,000 plus that amount of the fair slutre thai.exceeds$15,000. Under Resolution No.03-55,.payment of the amount in excess of$15,000 may be deferred until.the owners lot is developed.This amount is.shown in the"_ MOUNT TI-L'1T CAN BE DEFERRED BY OLX NER"column. In addition to the reimbursement fee,the owners will also be required to pay a connection fee,currently 54,135 at the time of connection to the sewer. In addition,property owners are responsible for disconnecting their a "sting septic system according to WashingtomCounty rules and for any other modifications necessary to connect to the public sewer. Page 4 o f 4 1:\ENG\1-Active Projects\I-mtcr Chem Sam=,Seucr Ext-IFAS Key 93048 File U6MEnginecring EstimatcWlarl;ing EstimatL5 L vct Chem-Estimate Br T=Lot(Arca).x1s% 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 W.M. U o�P���o Y Ofd Jaf o 1 � �QV Qo�Q OL0 L.Li CN NOTE: All properties in the reimbursement EXHIBIT B (p1 � district are zoned R3.5 NTS