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2008-073191 + _ Washington County,Oregon 2008_073191 f "f2008 11:08:03 AM t Cnt=1 Stn=8 C PFEIFER Return Recorded Document to: Uo-u0$5.00$11.00-Total=$51.00 37 City of Tigard—Records Department 5 1 13125 SW Hall Blvd Tigard, ORE 97223 01284002200800731910070079 I,Richard Hobernicht,Director of Assessment and Taxation and Ex-Officio County Clerk for Washington No Change in Tax Statement County,Oregon,do hereby certify that the within ,;'. in of writing was received and recorded in the book of records of said couryt� -y C�'t,•.'t__ Richard Hobernicht;Director of Assessment and •Z�T,��1sLa; Taxation,Ex-Officio County Clerk ' MT TIGARD COVER PAGE FOR RECORDING Name of Transaction: Cherry Dr Sanitary Sewer, Reimbursement District No. 44 Name(s) Address Tax Map & Lot No. ELLENSON TYLER & MARGARET 13280 SW 76TH AVE 2S101 DB00619 WILLIAMS KENYA E 13315 SW 76TH 2S101 DB00615 MYERS KENNETH E 13320 SW 76H 2S101DB00618 WIDMAN INEZ C 13355 SW 76TH AVE 2S101DB00616 THACKERY RUSSELL H III 13360 SW 76TH AVE 2S101 DB00617 POWELL JAMES WALTER TRUST 7660 SW FIR ST 2S101 DCO2600 MEMOVICH BARBARA J TR 7630 SW CHERRY DR 25101 DCO2400 TAKAHASHI WAYNE H 7610 SW CHERRY ST 25101 DCO2300 VANDERBURG JOHN SCOTT 7590 SW CHERRY DR 2S101 DCO2200 FREZZA CONRAD NICHOLAS & APRIL 13275 SW 76TH AVE 2S101DB00614 TROTTI LOUISE 7705 SW CHERRY ST 25101 DB00610 ABBLITT JAMES B/RANDI I 7700 SW CHERRY DR 2S101 DB00607 GUTHRIE GEORGE DEREK& DOLORES 7665 SW FIR ST 2S101DB00609 BLAGGE DIANNE E 7404 SW DELAWARE CIR 2S101DB00608 MAYER KENNETH D 7650 SW CHERRY ST 2S101DCO2500 BRIAN THOMAS M 7630 FIR ST 2S101 DCO2700 PAYNE KEVIN M 7615 SW CHERRY DR 2S101 DCO2800 CHICK MARIBETH A 7595 SW CHERRY ST 2S101DCO2900 EDWARDS GREGORY L 7545 SW CHERRY 2S101DC03000 To be recorded in Deed Records per Tigard Municipal Code 13.09. Cover Page for Recording Reimbursement District No. t-1 Page 1 of CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CHERRY DRIVE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-50. WHEREAS, on August 28, 2007, the City Council approved Resolution No. 07-50 to form Sanitary Sewer District No. 44 to construct a sewer in SW Cherry Drive in accordance with TMC Chapter 13.09;and WHEREAS, Resolution No. 07-50 included the City Engineer's Report that included an estimated construction 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, 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 Engineers 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 titled "Sanitary Sewer Reimbursement District No. 44", attached hereto as Exhibit A,is hereby approved. SECTION 2: The City Engineer's Report as presented in Resolution No. 07-50 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 Couh,ty�4. Recorder and shall mail a copy of this resolution to all affected property owners at their last known addYes`.`'_�_ t SECTION 4: This resolution is effective immediately upon passage. '�c7`�• J b J . 2008. n a PASSED: This 7> day of✓1 ,V'3 y,., •• _ Mayor-City of Tigan ATTEST: Certified to be a True Copy of Original on File U By: City Recorder-City of Tigard Deputy Recorder - City of and RESOLUTION NO. 08- /9 Date: - o; � Page 1 Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 44 (SW Cherry Drive) 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 andfor any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 19 lots in the following table required the extension of an existing sewer in SW Cherry Drive. Extension of an existing line in Hunziker Street will be required to provide service to the lots to the north. To the south, 7510, 7530, 7550 and 7570 SW Cherry Drive will be served from a line behind the houses constructed through a separate reimbursement district as directed by City Council on July 24, 2007. The project provided sewer service to a total of 19 lots within the reimbursement district as shown on Exhibit Map B. Cost The final cost for the sanitary sewer construction to provide service to the 19 lots is $379,609. An additional $8,713.20 was paid to the contractor for pavement restoration not included in the reimbursement district. Engineering and inspection fees amount to $51,247 (13.59/6) as defined in TMC 13.09.040(1). The final total project cost is $430,856. 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. 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 16,000 to, 26,000 square feet as can be seen in the following list of lots. Therefore, it is Exhibit A Page 1 of 4 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 final fair share of the public sewer line is $1.24540646 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 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 March 25,2008 u tin P. Duenas, P.E. City Engineer heng12007-2008 fy ciptcheny st sanitary sewer extension dist 44VinalizationW8-08 reim dist 44 report ex a.doc Exhibit A Page 2 of 4 CHERRY DRIVE Reimbursement District No. 44 Cost to Property Owners Based on Final Project Cost February 13,2008 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 DEFERRED BY OWNER 1 ELLENSON,TYLER&MARGARET 13280 SW 76TH AVE 25101 D800619 17325.620763 0.398 $21,577 $12,577 $9,000 $6,577 2 TROTTI,LOUISE 7705 SW CHERRY ST 25101 D600610 15309.367730 0.351 $19,066 $10,066 $9,000 $4,066 3 WILLIAMS,KENYA E 13315 SW 76TH AVE 25101 DB00615 15311.599899 0.352 $19,069 $10,069 $9,000 $4,069 4 ABBLITT,JAMES B&RANDI 1 7700 SW CHERRY DR 25101 DB00607 16248.066986 0.373 $20,235 $11,235 $9,000 $5,235 5 MYERS,KENNETH E 13320 SW 76TH AVE 2S101D800618 17508.899227 0.402 $21,806 $12,806 $9,000 $6,806 6 GUTHRIE,GEORGE DEREK&DOLORES 7665 SW FIR ST 2S1010800609 16360.816831 0.376 $20,376 $11,376 $9,000 $5,376 7 WIDMAN,INEZ C 13355 SW 76TH AVE 2S101 DB00616 15970.488490 0.367 $19,890 $10,890 $9,000 $4,890 8 BLAGGE,DIANNE E 7670 SW CHERRY DR 2S101DB00608 16346.130924 0.375 $20,358 $11,358 $9,000 $5,358 9 THACKERY,RUSS 13360 SW 76TH AVE 2S101DB00617 17945.563754 0.412 $22,350 $13,350 $9,000 $7,350 10 MAYER,KENNETH D 7650 SW CHERRY ST 2S101 DCO2500 16294.455266 0.374 $20,293 $11,293 $9,000 $5,293 11 POWELL,JAMES WALTER TRUST 7660 SW FIR 2S101DCO2600 20048.933656 0.460 $24,969 $15,969 $9,000 $9,969 12 BRIAN,THOMAS M 7630 SW FIR 2S10100O2700 16490.424369 0.379 $20,537 $11,537 $9,000 $5,537 13 MEMOVICH,BARBARA J TR 7630 SW CHERRY ST 25101 DCO2400 20428.698173 0.469 $25,442 $16,442 $9,000 $10,442 14 PAYNE,KEVIN M 7615 SW CHERRY ST 25101 DCO2800 20824.338877 0.478 $25,935 $16,935 $9,000 $10,935 15 TAKAHASHI,WAYNE H 7610 SW CHERRY DRIVE 2S101 DCO2300 22818.110527 0.524 $28,418 $19,418 $9,000 $13,418 16 CHICK,MARIBETH A 7595 SW CHERRY ST 2S101DCO2900 19383.890918 0.445 $24,141 $15,141 $9,000 $9,141 17 VANDERBURG,JOHN SCOTT 7590 SW CHERRY DRIVE 2S101DCO2200 25503.694437 0.585 $31,762 $22,762 $9,000 $16,762 18 EDWARDS,GREGORY L 7545 SW CHERRY ST 25101 DC03000 20524.595381 0.471 $25,561 $16,561 $9,000 $10,561 19 FREZZA,CONRAD NICHOLAS&APRIL 13275 SW 76TH AVE 23101 DB00614 15311.987729 0.352 $19,070 $10,070 $9,000 $4,070 Totals 345956 7.94 $430,856 $259,856 $171,000 $145,856 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 the 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$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 fair 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 CHERRY DRIVE Reimbursement District No. 44 Cost to Property Owners Based on Final Project Cost Summary February 13,2008 Final Construction Cost $379,609 13.5%for Admin&Eng $51,247 total project costs $430,856 total area to be served (S.F.) 345,956 total cost per S.F.to property owner $1.24540646 PAGE 4 OF 4 CHERRY DRIVE FY 2007-08 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 44 A PORTION OF THE SW 1 /4 SECTION 1 T2S R1 W W.M. \A PL oP o �- oP w Q Z Q 76TH AVE cn h P h Q h P 7630 SW N N M�^ h��� A,) FIR ST V) v' Ln W LO Ckf w 0) w LO M 2 Lo _ U 7660 SW FIR ST � ; j Of N 0 C) <§7 C-) Q� � Ll� N ) N ) N )- Of p�Q1�� h�� oM w w rn w NOTE: All properties in the reimbursement EXHIBIT B district are zoned R-3.5 NTS