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2006-020494 ~ 117th Avenue Washington County,Oregon 2006.020494 ?12006 11:41:51 AM 6..40 Cnt=1 Stn=13 I CASTILLO $65.00$6.00$11.00-Total=$82.00 00912496200600204940130133 I,Jerry Hanson,Director of Assessment and Taxation a and Ex-Officlo County Clerk for Washington County, y Oregon,do hereby certify that the within Instrument of writing was received and recorded in the book of records of said county. t{ �� Jerry R.Hannon, ssssment and Taxation, Ex-Officio County Clerk CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Formation of Reimbursement Dist. No. 34 (117th Ave) Resolution No. 05-17 Finalization of Reimbursement Dist. No. 34 (117th of Reimbursement Dist. No. 34 Ave)Resolution No. 05-50No. 05-50 Property Tax Lot&Tax Lot& MapNo. Site Address Hurd, Suasn J 2S110BA01100 14145 SW 117th Ave Hickok, William H & Sharon K 2S110BA01000 14185 SW 117th Ave Anderson, Karen Rae (Trustee) 2S 1 l 0BA00900 14225 SW 1171"Ave Miller, Carl T 2S110BA00600 14190 SW 117th Ave The True Consideration for this conveyance is: To be Recorded in Deed Records per Tigard Municipal Code 13.09. NO CHANGE IN TAX STATEMENT After recording, return to: City of Tigard Records Division 13125 SW Hall Blvd. Tigard, OR 97223 Cover Page for Recording— 1 of 1 Name of transaction: Formation of Reimbursement Dist.No. 34 (117th Ave) Res. No. 05-17 Finalization of Reimbursement Dist.No. 34 (117th Ave)Res. No. 05-50 - ----- CITY OF TIGARD, OREGON RESOLUTION NO. 05--V A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 34 (SW 117'AVENUE) 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, these property owners 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 Cowlcil has determined that the forination 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. 34", 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. 34, SW 1170'Avenue." SECTION 3 Payment of the reimbursement fee as shown iii 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 day of� 05. Mayor- ity of Tigard ROT: s., ity Recorder City of Tigard Certified to be a True Copy� �'>` y "�>'G' _... v r� Original on :file � ilenplpreplrelmbursemenl disidcts134 117iMtamadan\3•�-D3 relm dist 34 res.tloc RESOLUTION NO. 05 I I City �;u�der- I✓rt cif: Page 1 `q,C' � Cityof Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 34 (SW 117t' Avenue) 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 $2,535, 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 Serving the four lots in the following table will require the southerly extension of an existing sewer in SW 117th Avenue. The lot at 14230 SW 117" Avenue is not proposed to be included in the district since service is currently provided by a sewer along the northerly boundary of the Shadow Hills subdivision. The proposed project would provide sewer service to a total of four lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the four lots is $31,039. Engineering and inspection fees amount to $4,190 (13.5%) as defined in TMC 13.09.040(1 ). The estimated total project cost is $35,229. 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 $2,535, 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 are zoned R-4.5 but vary in lot size from about eleven thousand to fifteen thousand square feet as can be seen in the following list of lots. Exhibit A Page 1 of 4 Therefore, it is recommended that the total cost of the project be divided among the four 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 estimated fair share of the public sewer line is $0.61629077 per square foot of the 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 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 February 22, 2005 A u tin P. Duenas, P.E. Cit ngineer [AeniAgreg%refmbursemeM Olatdds134 117tblforroagoM3-084)5 TOM dist 34 report app o.doc Exhibit A Page 2 of 4 Reimbursement District No. 34 Estimated Cost to Property Owners February 15,2005 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO PAID 6Y PAID BY CITY PROPERTY OWNER OWNER 1 HURD,SUSAN J 14145 SW 117TH AVENUE 2S110BAD1100 11711.57156 $7,218 $6,000 $1,218 2 HICKOK,WILLIAM H&SHARON K 14185 SW 117TH AVENUE 2S110BAD1000 15149.95196 $9,337 $6,000 $3,337 3 ANDERSON,KAREN RAE(TRUSTEE) 14225 SW 117TH AVENUE 25110BA00900 15150.98605 $9,337 $6,000 $3,337 4 MILLER,CARL T 14190 SW 117TH AVENUE 2S110BA00600 15149.95200 $9,337 $6,000 $3,337 Totals 57162 $35,229 $24,000 $11,229 PROJECT TOTAL(Cost to Owners+Cost to City) $35,229 I%FNGL*N.=5 Py QMjI?LhAw8n-Alay Swear EAmom OIMMAUTORNIATIOMROT6by a GIST NO.34 Exhibit Page 3of4 117TH AVENUE Reimbursement District No. 34 Estimated Cast to Property Owners Summary February 95,2005 Estimated Construction Cost $26,990 15%contingency(construction) $4,049 Estimated construction subtotal $31,039 13.5%contingency(Admin&Eng) $4,190 total project costs $35,229 total area to be served(S.F.) 57,162 Iota[cost per S.F,to property owner $0.61629077 I^FN=007$N5 FYCIR717lh Aye Smllm/5e E-,imllan DSUWC741FORMATON)Wd bbyxm 0197 NO.34 Exhibit Page of 117TH AVENUE SANITARY SEWER IMPROVEMENT REIMBURSEMENT DISTRICT NO. 34 A PORTION OF' THE NW 1/4 OF SECTION 10 T2S R1W W.M. N GAARDE ST COLE LANE La a � N Lu r 14143/I7M A{{ (� Q V r EIItB.t01000 MI(HIOOM r iwtuu x srlAnav INET 117M AK 1141.91M AK II .I /NkR¢'4 f.KAWBEN�1 Rr1E 11]ST I( K NOTE: EXHIBIT B All properties in the district are zoned R4.5 CITY OF TIGARD, OREGON RESOLUTION NO. 05-,!5'0 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 34 (SW 117TI1 AVENUE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 05-17. WHEREAS, on March 8, 2005, the City Council approved Resolution 05-17 to form Sanitary Sewer District No. 34 to construct sewers in SW 117th Avenue in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 05-17 included the City Engincer'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 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 titled"Sanitary Sewer Reimbursement District No. 34, attached hereto as Exhibit A,is hereby approved. SECTION 2 The City Engineer's Report as presented in Resolution No. 05-17 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 this resolution to all affected property owners at their last Imown address. SECTION 4 This resolution is effective immediately upon passage. PASSED: This �� day of 05. 7 Mayor- ity of Tigard 0 1 Certified to be o True Co y; • .n Ply 0 a t City Recorder-City of Tigard ` -, Original on file RESOLUTION NO. 05 - Page 1 City Recorder- City a sg��'��............... �, Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 34 (SW 117th Avenue) 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 $2,635, 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 Serving the four lots in the following table required the southerly extension of'an existing sewer in SW 117th Avenue. The lot at 14230 SW 117" Avenue is not included in the district since service is currently provided by a sewer along the: northerly boundary of the Shadow Hills subdivision. The project has provided sewer service to a total of four lots as shown on Exhibit Map B. Cost The final cost for the sanitary sewer construction to provide service to the four lots is $34,036. Engineering and inspection fees amount to $4,595 (13.5%) as defined in TMC 13.09.040(1). The final total project cost is $38,631. 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 an additional 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 are zoned R-4.5 but vary in lot size from about eleven thousand to fifteen thousand square feet as can be seen in the following list of lots. Exhibit A Page 1 of 4 Therefore, it is recommended that the total cost of the project be divided among the four 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 $0.67580820 per square foot of the 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 Adiustme_nt 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 Reimbursement District No. 34 be finalized 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 July 12, 2005 Q ,J� �- Agu lin P. Duenas, P.E. City gineer IaenBVD00-2005 fy clpUt71h ave sanitary sewer extension rlWrlct#341 inallzatlonV-28-05 final report app a.tloc Exhibit A Page 2 of 4 Reimbursement District No. 34 Final Cost to Property Owners June 29,2005 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) AREA COST TO PAID BY PAID BY (AC) PROPERTY OWNER CITY OWNER 1 HURD,SUSAN J 14145 SW 117TH AVENUE 2S110BA01100 11711.57156 0.269 $7,915 $6,000 $1,915 2 HICKOK,WILLIAM H&SHARON K 14185 SW 117TH AVENUE 2S110BA01000 15149.95196 0.348 $10,238 $6,000 $4,238 3 ANDERSON,KAREN RAE(TRUSTEE) 14225 SW 117TH AVENUE 2S110BA00900 15150.98605 0.348 $10,239 $6,000 $4,239 4 MILLER,CARL T 14190 SW 117TH AVENUE 2S110BA00600 15149.95200 0.348 $10,238 $6,000 $4,238 Totals 57162 1.31 $38,631 $24,000 $14,631 PROJECT TOTAL(Cost to Owners+Cost to City) $38,631 I:�ENM2004.2005FY CIPM7I11 Ave Son1I2ry Sever Edendon Dwric,#34TINAM7ATION{Rahb by area DIST NO.34 FINALrds Page 3 of 4 117TH AVENUE Reimbursement District No. 34 Final Cost to Property Owners Summary June 21,2005 Final Construction Cost $34,036 13.5%contingency(Admin&Eng) $4,595 total project costs $38,631 total area to be served(S.F.) 57,162 total cost per S.F.to property owner $0.67580820 I:AENG\2Db9--2D05 FY CIFM1i'IT.h Ave Sanllary Sear+Exlenslan Oisbkl A3a%MNAtIZATIDNSRM.mb by uoo DIST NO.34 FINALr)s Page 4 of 4 117TH AVENUE SANITARY SEWER IMPROVEMENT REIMBURSEMENT DISTRICT NO. 34 A PORTION OF THE NW 1/4 OF SECTION 10 T2S RiW W.M. N GAARDE ST COLE LANE w a N '-r T i 5(1541 J L L< II—AK W T z MIMA0f000 05110 400ew A N[fGY N t 9/ANb1 91[LM 0A$7 "I.It—Aw !(19011 AW t 95110BA000QI N�(i�Ty�(C/yI .IE �W�J7]V R HAS IfM A9[ NOTE: EXHIBIT B All properties in the district are zoned R4.5