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2002-151876 Washington County,Oregon 202_151876 12/13' 09:35:53 AM D-RU Cnt=1 Stn=21 RECORD81 $40.00$6.00$11.00•Total=$57.00 00220546200201518760080081 I,Jerry Hanson,Director of Assessment and Taxation and Ex-Offlclo County Clerk for Washington County, at { Oregon,do hereby certify that the within Instrument of writing was received and recorded In the book of records of said county. 1�, , Jerry R.Hanson,Director bfLA ssssemant end Taxation, Ex-Officlo County Clerk CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Establishing Reimbursement District No. 25 SW Carmen Street Reimbursement Name of Person(s), Address, and Map and Tax Lot Identification: FINSTAD TERRANCE E, 12065 SW CARMEN ST, 2S 1 03BDO 1400, Henry W. Tieman, 12025 SW CARMEN ST, 2S103BD01500, MALONE THOMAS E, 11985 SW CARMEN ST, 2S103BD01600, JOHNSON WARREN A, 11945 SW CARMEN ST, 2S103BD01700, LIEBL THOMAS R&BONNIE, 11905 SW CARMEN ST, 2S103BDO1800, IADANZA NICHOLAS E&, 11865 SW CARMEN ST, 2S103BDO1900, JOHNSON DAVID W, 11835 SW CARMEN ST, 2S103BD02000, COPELAND BRIAN W, 11805 SW CARMENT ST, 2S103BD02100, BOYEAS GEORGE M, 11765 SW CARMEN ST, 2SI03BD02200, SMITH ROSS JAY, 11760 SW CARMEN ST, 2S103BD02300, CLARK OSCAR&DELORIS TRS/CURRENT OWNER, 11800 SW CARMEN ST, 2S 103BD02400, RHONE HENRY JR, 11860 SW CARMEN ST, 2S103BD02500, MADDOX CLIFFORD L AND, 11900 SW CARMEN ST, 2S103BD02600, BIEHL PHILIP &LINDA, 11940 SW CARMEN ST, 2S103BD02700, REEVES MICHAEL&NADINE, 11980 SW CARMEN ST, 2S103BD02800, DOWNING JOHN&JANICE TRS, 12020 SW CARMEN ST, 2S103BD02900, GROSSWILER R EDWARD&, 12780 SW 121ST AVE, 2S103BD03000, To be recorded in Deed Records per Tigard Municipal Code 13.09. CITY OF TIGARD, OREGON ' 2002-151876 RESOLUTION NO. 02- '�1 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 (SW CARMEN STREET) WHEREAS, on July 9, 2002, the City Council approved Resolution No. 02-45 to form Sanitary Sewer District No. 25 to construct sewers in SW Carmen Street in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 02-45 included the City Engineer's Report, which contained an estimated construction cost and total project 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,these property owners 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 revised City Engineer's Report titled "Sanitary Sewer Reimbursement District No. 25 (Carmen Street)", attached hereto as Exhibit A, is hereby approved. SECTION 2 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. EFFECTIVE DATE: This resolution shall be effective immediately. PASSED: This / day of aC2m b0 l- 2002. ayo - Ci igard ATTEST: -C,��-ra azzc';7 City Recorder-City of Tigard C®rtMed to bo a Tru® Copy of i,a,, i:\cdywitleVesVeim-25(rarmen)final.rbc QVµ d on • ^�L J 1 4'71 ,FordeR- qiI; Tigard Ddw 70. RESOLUTION NO. 02- S -�� Page 1 't'�`..••' Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 25 (SW Carmen 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 installs public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner pays a connection fee of $2,335 and reimburses 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 An existing sanitary sewer line is located in SW 121St Avenue as shown on Exhibit Map B. This line was extended east along SW Carmen Street to serve seventeen lots. Cost The final cost for the sanitary sewer construction is $128,946. Engineering and inspection fees amount to $17,407.71 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $146,353.71. This is the amount that would 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 an additional $2,335 connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-4.5 and have similar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided equally among the seventeen properties included in the reimbursement district. Resolution 01-46 limits this fee to $6,000 to the extent 2002-151876 2002-151876 that is does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods include basing the proportional share upon the square footage of each property 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 $8,609.04. 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 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. 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 November 25, 2002 10 06-a—ex a—.-- AG TIN P. DUENAS, P.E. City'Engineer %Ntig333\u r%depts%engtgreg'seimbursemem districtst25 mmen\finaRfinal report.doc D Z � r— O 1 D nt p 121 ST AVE D M - - - - - ;D ; O M _-I F12780 SW L 12065 SW Z M1 Carmen St 1 1 Carmen St NO (n 1 2S1038DO3000 1 2S1038DO1400 ' O Z — �l til Z 1 7-1 = 1 2 � lel 1 12020 SW 12025 SW -_ f'l Ln Carmen St 1 Carmen St m 1 2S1038DO2900 1 2S1039DO1500 (A C 11980 SW fn Carmen St, 1 Carmen St M 2S103BDO2800 1 2S103BDO1600 M –Z-t - - - I 11940 SW 11945 SW _ 1 Carmen Si Carmen St 2S1038DO2700 1 2S1038DO1700 ' ! ' Z 11900 SW D 11905 SW Carmen St , Carmen St 2S1038DO2600 I 1 2S103BDO1800 \� Z _ 11860 SW –4 vNi o rn Tt"o y °Carmen St 1 :U 1 0 3 L„ co —I 2S1038D02500 1 , 0 y w m U rC3 O O O O 1 11800 SW 1 Carmen St 1 M 2S103BDO2400 i X _ _ N Nn� � N Co 11760 SW N -S14 y ° ou t Carmen St 1 w a N u N 1 2S1038DO2300 1 1 co m ' y m y 0 . C> - - p O p IL I 9LOTST-Z00Z 2002-151876 CITY OF TIGARD,ORE' /GON RESOLUTION NO. 01- �l A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS,the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS,on October 13, 1998,the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No.98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation;and WHEREAS,on September 26,2000,the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No.00-60;and WHEREAS,City Council finds that residential areas that remain without sewer service should be provided with service within five years;and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program' is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City.Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed$15,000,the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed$6,000 per connection,provided that the lot owner complies with the provisions of Section 2. Any amount over$15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee,which is still payable upon application for RESOLUTION NO.01 4� Page I x i 172 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to .sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer.The Finance Director shall make payment to all persons entitled to the refund no later than August 31,2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the finding for the installation costs over$6,000 up to a maximum of$15,000 per connection. EFFECTIVE DATE: July 10,2001 PASSED: This d — day of 2001. ayor Cio of and ATTEST: i Recorder-City of and 1ACiV/M&\Res\Rcso1ution Revising the Neighborhood Scam Incentive Program RESOLUTION NO.01-y(/ Page 2 2002-151876 F TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 . No reimtursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement availaW HILLVIEW ST N0.11 8,000 July 11,2003 106'"8 JOHNSON No.12 5,598 No reimbursement available 100TH&INEZ No.13 8.000 July 11,2003 WALNUT&TIEDEMAN No.14 8,000 July 11,2003 SEVELANDBHERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 OWARA No.17 8,000 July 112W3. WALNUT 6 121ST NoAa Artaimt to be roimbursed will be Throe years from service availability ROSE VISTA No.20 - determined once final costs are determined. Currently being constructed 2002-151876 Washington County,Oregon 2002.109662 0' 1002 10:17:28 AM 2� rD.. ,Cnta1 Stn=10 K SCHWAB $25.00$0.00$11.00 •Total=$42.00 � 1 00167431200201086620050058 I,Jerry Hanson,Director of Assessment and Taxation and Ex-Offlclo County Clerk for Washington County, do hereby certlfythat the within Instrument of writing hrF• was received and recorded In the bogk of rocorde of k•i. ? � said county. t I_ �� Jerry R.Hanson,Director bILA sees sment and Taxation, aw Ex-0fficlo County Clerk CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Establishing Reimbursement District No. 25 Carmen Street Name of Person(s), Address, and Map and Tax Lot Identification: Grosswiler, R. Edwards, 12780 SW Carmen Street, 2S103BD03000 Downing, John&Janice, 12020 SW Carmen Street, 29103BDO2900 Reeves, Michael &Nadine, 11980 SW Carmen Street, 2SI03BDO2800 Biehl, Philip &Linda, 11940 SW Carmen Street, 2S103BDO2700 Maddox, Clifford & Carolyn, 11900 SW Carmen Street, 2S103BD02600 Rhone, Henry, 11860 SW Carmen Street, 2SI03BDO2500 Clark, Oscar&Deloris, 11800 SW Carmen Street, 2SI03BDO2400 Smith, Ross Jay, 11760 SW Carmen Street, 2SI03BDO2300 Finstad, Terrance, 12065 SW Carmen Street, 2S103BD01400 Tieman, Henry& Genelle, 12025 SW Carmen Street, 2SI03BDO1500 Malone, Thomas, 11985 SW Carmen Street, 2S103BD01600 Johnson, Warren, 11945 SW Carmen Street, 2S103BDO1700 Liebl, Thomas &Bonnie, 11905 SW Carmen Street, 2S103BD01800 Iadanza,Nicholas &Margaret, 11865 SW Carmen Street, 2S103BDO1900 Johnson, David, 11835 SW Carmen Street, 2SI03BDO2000 Copeland, Brian, 11805 SW Carmen Street, 2S103BDO2100 Boyeas, George, 11765 SW Carmen Street, 2SI03BDO2200 To be recorded in Deed Records per Tigard Municipal Code 13.09. CITY OF TIGARD, OREGON RESOLUTION NO. 02A 2002-109662 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 (CARMEN STREET) 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 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 property owners within the proposed district 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 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. 25", 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. 25, (Carmen Street)." 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 q( ) day of .i A 2002. ayor- Cit of Tig o� nEST: Certified.to bo a Two copy ofkilti;Xg-ij Origind on M,- City Recorder- City of Tigard hcitywide\res\reim-25(carmen)formation.doc RESOLUTION NO. 02- 5 ROOOPM Cy of Page 1 ®ate: `i 2002-109662 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 25 (SW Carmen Street) 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 a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 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 An existing sanitary sewer line is located in SW 121St Avenue as shown on Exhibit Map B. This line from would be extended east along SW Carmen Street serving seventeen lots. Cost The estimated cost for the sanitary sewer construction is $102,700. Engineering . and inspection fees amount to $13,860 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $116,560. This entire amount 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 an additional $2,335 connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-4.5 and have similar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided equally among the seventeen properties included in the reimbursement district. Resolution 01-46 limits this fee to $6,000 to the extent 2002-109662 that is does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods include basing the proportional share upon the square footage of each property 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 $6,860. 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 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. 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 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 June 24, 2002 Q PO G STIN P. DUENAS, P.E. Ci y Engineer � z � N r 0 1 i n � 121ST AVE O 40 - - - - DM � Z M --q12780 SW 12065 SW M i Carmen St Carmen St U) 2S103BDO3000 2S103BD01400 ' O Z — M Z ` � 1 = ;u = 12025 SW M M 12020 SW Carmen St i Carmen St ;u 2S103BDO2900 251038D01500 f�l M - - _ C 11985 SW X 11980 SW i Carmen St 2S103BD02800 251038D01600 Carmen St M Z - - —I 11940 SW 11945 SW Carmen St i Carmen St fel 2S103BD02700 2S103BD01700 ` Z 11900 SW D 11905 SW Carmen St 'n i Carmen St 2S103BDO2600 i 2S1038D01800 ` Z _ - - N Nf7 j - - - - 11860 SW —4 !20 co �VJ o J —I Carmen St i X i 03 �, c O 2S103BD02500 m i o 3 N w 83, � —i o ' Z 0 LA N - - 00 00 O - O W i 11800 SW i I Carmen St i M 2S103BD02400 N X - - (n hi N � 11760 SW 0 3 0) 0 3 0 Z7 i Carmen St w m �' w a u' C i 2S103BDO2300 i oO N � i oO N I� O O O O Z9960i-Z00Z