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2007-099502 Washl—'on County,Oregon 2007.099502 09/1. '10:02:18 AM Return Recorded Document to: D-R&t, Cnt=1 Stn=3 $40.00$11.00$5.00-Total a$56.00 City of Tigard—Records Department �p 13125 SW Hall Blvd �j Tigard, ORE 97223 11111111111111 11�11111111111111111111111111111111 `\ 01165227200700995020080085 I,Richard Hobemkht,Olrector of Assessment and a No Change In Tax Statement Taxation and Ex-ORlclo County Clerk for Washington s County,Oregon,do hereby certify that the within Instrument of writing was received and recorded In the book of records of:aid cou Richard Hobemicht,Olrectc�ro eesms� u Taxation,Ex-Offlclo County Clerk U � . COVER PAGE FOR RECORDING Name of Transaction: Formation of Sanitary Sewer Reimbursement District No. 44 (SW Cherry Drive) File No. 0623 Name(s) Address Tax Map & Lot No. ELLENSON TYLER & MARGARET 13280 SW 76TH AVE 2S101 DB00619 TROTTI LOUISE 7705 SW CHERRY ST 2S101DB00610 WILLIAMS KENYA E 13315 SW 76TH 2S101DB00615 ABBLITT JAMES B/RANDI 1 7700 SW CHERRY DR 2S101 DB00607 MYERS KENNETH E 13320 SW 76H 2S101 DB00618 GUTHRIE GEORGE DEREK& DOLORES 7665 SW FIR ST 2S101DI300609 WIDMAN INEZ C 13355 SW 76TH AVE 2S101DB00616 BLAGGE DIANNE E 7404 SW DELAWARE CIR 2S101 DB00608 THACKERY, RUSS 13360 SW 76TH AVE 2S101 DB00617 MAYER KENNETH D AND 7650 SW CHERRY ST 2S101 DCO2500 POWELL JAMES WALTER TRUST 7660 SW FIR ST 2S101DCO2600 BRIAN THOMAS M 7630 FIR ST 2S101DCO2700 MEMOVICH BARBARA J TR 7630 SW CHERRY DR 2S101 DCO2400 PAYNE KEVIN M 7615 SW CHERRY DR 2S101DCO2800 TAKAHASHI WAYNE H 7610 SW CHERRY ST 2S101 DCO2300 CHICK MARIBETH A 11575 SW PACIFIC HWY 2S101DCO2900 VANDERBURG JOHN SCOTT 7590 SW CHERRY DR 2S101DCO2200 EDWARDS GREGORY L 7545 SW CHERRY 25101 DC03000 FREZZA, CONRAD &APRIL 13275 SW 76TH AVE 2S101 DB00614 To be recorded in Deed Records per Tigard Municipal Code 13.09. Cover Page for Recording Reimbursement District No. 44 Page 1 of 8 LN CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07- J-0 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CHERRY DRIVE) 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. 44 (SW Cherry Drive) 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. 44," 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 in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 44." 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. RESOLUTION NO. 07-50 Page 1 PASSED: This day of. 2007. Mayor- ity of Tigard ATTEST: City Recorder - City of Tigard Tigard City Council hereby readopts Resolution No. 07- 50 as amended by Council motion on July 24, 2007 and the subsequent review of the amended Exhibits A and B and receipt of public testimony on these amendments.on August 28, 2007. This Resolution is effective immediately upon passage. Passed this 28`x' day of August, 2007. r Mayo —City of Tigard a t: ,<Le �� City Recorder-City of Tigard " Certified to be a •frue, CQ,p�(of Original on File rl De ty Recorder - City of and Date: aoa RESOLUTION NO. 07 - Page 2 ,•,. Exhibit A Amended City Engineer's Report Sanitary Sewer Reimbursement District No. 44 (SW Cherry Drive) 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 $2,835, 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 and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 19 lots in the following table will require 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. The proposed project would provide sewer service to a total of 19 lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the 19 lots is $408,250. Engineering and inspection fees amount to $55,114 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $463,364. 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 $2,835, 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 21,000 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. Exhibit A Page 1 of 4 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 $1.33937236 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 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 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 August 14, 2007 u tin P. Duenas, P.E. Cingineer is\eng\2007-2008 fy cip\cherry st sanitary sewer extension dist 44\formation 8-28-07\8-28-07 reim dist 44 report ex a.doc Exhibit A Page 2 of 4 CHERRY DRIVE Reimbursement District No. 44 Estimated Cost to Property Owners Augusta,2007 AMOUNT THAT OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) AREA(AC) ESTIMATED 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 DB00619 17325.620763 0.398 $23,205 $14,205 $9,000 $8,205 2 TROTTI,LOUISE 7705 SW CHERRY ST 2S101DB00610 15309.367730 0.351 $20,505 $11,505 $9,000 $5,505 3 WILLIAMS,KENYA E 13315 SW 76TH AVE 2S101DB00615 15311.599899 0.352 $20,508 $11,508 $9,000 $5,508 4 ABBLITT,JAMES B&RAND)1 7700 SW CHERRY DR 25101 DB00607 16246.066986 0.373 $21,762 $12,762 $9,000 $6,762 5 MYERS,KENNETH E 13320 SW 76TH AVE 2S101DB00618 17508.899227 0.402 $23,451 $14,451 $9,000 $8,451 6 GUTHRIE,GEORGE DEREK&DOLORES 7665 SW FIR ST 2S101DB00609 16360.816831 0.376 $21,913 $12,913 $9,000 $6,913 7 WIDMAN,INEZ C 13355 SW 76TH AVE 2S101 DB00616 15970.488490 0.367 $21,390 $12,390 $9,000 $6,390 8 BLAGGE,DIANNE E 7670 SW CHERRY DR 2S101 DB00608 16346.130924 0.375 $21,894 $12,894 $9,000 $6,894 9 THACKERY,RUSS 13360 SW 76TH AVE 25101 DB00617 17945.563754 0.412 $24,036 $15,036 $9,000 $9,036 10 MAYER,KENNETH D 7650 SW CHERRY ST 2S101 DCO2500 16294.455266 0.374 $21,824 $12,824 $9,000 $6,824 11 POWELL,JAMES WALTER TRUST 7660 SW FIR 2S101DCO2600 20048.933656 0.460 $26,853 $17,853 $9,000 $11,853 12 BRIAN,THOMAS M 7630 SW FIR 2S101DCO2700 16490.424369 0.379 $22,087 $13,087 $9,000 $7,087 13 MEMOVICH,BARBARA J TR 7630 SW CHERRY ST 2S101DCO2400 20428.898173 0.469 $27,362 $18,362 $9,000 $12,362 14 PAYNE,KEVIN M 7615 SW CHERRY ST 2S101 DCO2800 20824.338877 0.478 $27,892 $18,892 $9,000 $12,892 15 TAKAHASHI,WAYNE H 7610 SW CHERRY DRIVE 2S101DCO2300 22818.110527 0.524 $30,562 $21,562 $9,000 $15,562 16 CHICK,MARIBETH A 7595 SW CHERRY ST 2S101DCO2900 19383.890918 0.445 $25,962 $16,962 $9,000 $10,962 17 VANDERBURG,JOHN SCOTT 7590 SW CHERRY DRIVE 2S101DCO2200 25503.694437 0.585 $34,159 $25,159 $9,000 $19,159 18 EDWARDS,GREGORY L 7545 SW CHERRY ST 2S101DC03000 20524.595381 0.471 $27,490 $18,490 $9,000 $12,490 19 FREZZA,CONRAD NICHOLAS&APRIL 13275 SW 76TH AVE 2S101DB00614 15311.98773 0.352 $20,508 $11,508 $9,000 $5,508 Totals 345956 7.94 $463,364 $292,364 $171,000 $178,364 The"ESTIMATED 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 Estimated Cost to Property Owners Summary August 3, 2007 Estimated Construction Cost $355,000 15% contingency.(construction) $53,250 Estimated construction subtotal $408,250 13.5% contingency(Admin & Eng) $55,114 total project costs $463,364 total area to be served (S.F.) 345,956 total cost per S.F. to property owner $1.33937236 PAGE 4OF4 CHERRY DRIVE FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 44 A PORTION OF THE SW 1 /4 SECTION 1 T2S R1 W W.M. PL Z- pop Q' `V � ^ �� O� �M M (0 � O� > 76TH AVE LO 7630 SW 3 N V) FIR ST cn N U-1 co = 7660 SW FIR ST JOR Li bi v R Of Of � o 0 0 oM 0 o NOTE: All properties in the reimbursement EXHIBIT B district are zoned R-3.5 NTS