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
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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
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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
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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.
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