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2006-020493 Wa -'gton County,Oregon 2006.020493 02. J06 11:41:51 AM D•R&O Cnt=1 Stn=13 I CASTILLO $35.00$6.00$11.00•Total=$52.00 00912490200600204930070071 I,Jerry Hanson,Director of Assessment and Taxation and Ex-ORklo County Clerk for Washington County, Oregon,do hereby certly that the within Instrument of writing was received and recorded In the book of J' ? � records of said county. 1 I � Jerry R.Hanson,Director ssos_Mont and Taxation, Ex-Officlo County Clerk CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Formation of Reimbursement District No.32 - Fern Street (between 138th & 135th Street Owner Site Address Map & Tax Lot HAVILAND, RANDALL S TR & LEUEEN M 13625 SW FERN ST 2S104BD01300 ROMAN, CATHOLIC ARCHBISHOP OF 13665 SW FERN ST 2S104BD01400 PORTLAND BEN ETTI, MARCO A& SALLY A 13650 SW FERN ST 2S104BD02100 CLARKE, JOHN A& NANCY J 13620 SW FERN ST 2S104BD02300 CLARKE, JOHN A& NANCY J NO ADDRESS (FERN ST) 2S104BD02102 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 - I Of I Name of Transaction:Formation of Reimbursement District No.32-Fern Street(between 138"& 135t1i Street) Name of Person(s),Address,and Map and Tax Lot Identification o CITY OF TIGARD, OREGON RESOLUTION NO. 05-C_ A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT 2\10. 32 (SW FERN 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, Mese properly 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 recomunendation 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. 32", 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 lulown as"Sanitary Sewer Reimbursement District No. 32, SW Fern Street." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City peiniits applicable to development of each parcel within. the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustnnent, at a rate recommended by the Funance 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 properly owners at their last known address,in accordance with TMC 13.09.090. SECTION 6 This resolution is effective upon passage. PASSED: This d-1 day of 2005. IC Mayor-tity of Tigard JATEST: " Certified to be a Trace Copy of Original on file City Recorder-City of Tigard na . r rte, :Y ♦> .�`w' �'s *1 , RESOLUTION NO. 05- City Recorder o City of Ti rd�l1-i;° � �`�. •.�`Y Page l Date: y`� '�. 11..,.,-A 0 �. Exhibit A City Engineer's Report Sanitary Sewer.Reimbursement District No. 32 (SW Fern 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 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. An existing line in Fern Street will be extended east to. service five lots as shown on Exhibit Map 13. Cost The estimated cost for the sanitary sewer construction to provide service to the five lots is. $58,152. Engineering and inspection fees amount, to $7,851 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $66,003. 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 an additional $2,535 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 21,000 to 43,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of this portion of the project be divided among the five 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 Engineer's Report,Reimbursement District No.32—Fern Street Page 1 of 4 because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. 13620 SW Fern Street is a flag lot with an 8,003 square foot driveway which does not benefit from the sewer. This driveway area was deducted from the total lot area to determine the estimated cost for this lot. Each property owner's estimated fair share of the public sewer line is $0.35 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 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 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 Itis recommended that a reimbursement district be formed wifh 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 January 11, 2005 Q P. Ag tin P. Duenas, P.E. City'Engineer kl&N,2c042oos fy ciplwalnut street-phase 3(by countylVelmhursemenl dlstdot 32-f-m stteeOclty courdRf❑rtnaUcnt-25.05 cetm dist 32 repod app a.dac Engineer's Report,Reimbursement District No.32--Fern Street Page 2 of 4 FERN STREET Reimbursement District NO. 32 Estimated Cost to Property Owners January 11,2005 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO PAID BY PAID BY PROPERTY OWNER CITY OWNER 1 HAVILAND,RANDALL S TR&LEUEEN M 13625 SW FERN ST 2S10413D01300 21169.66925 $7,748 $6,000 $1,748 2 ROMAN,CATHOLIC ARCHBISHOP OF PORTLAND 13665 SW FERN ST 2S104BD01.400 22346.68844 $8,179 $6,000 $2,179 3 BENETTI,MARCO A&SALLY A 13650 SW FERN ST 2S104BD02100 48852.1919 $17,879 $8,879 $9,000 4 CLARKE,JOHN A&NANCY J 13620 SW FERN ST 2S10413D02300 43255.11633 $15,831 $6,831 $9,000 5 CLARKE,JOHN A&NANCY J NO ADDRESS(FERN ST;2S104BD02102 44716.0566 $16,366 $7,366 $9,000 Totals 180340 $66,003 $35,076 $30,927 IBENGQOD44005 FY CIP1WeLiu4 Simal-Phase 3(by CounlypRelmbu—anl dsirld 32-Fem S1feetVTY COUNULTORMA7lOM Fam Relmb OL51 No.32x15 S/71f1oo5 Page 3 of 4 FERN STREET Reimbursement District No. 32 Estimated Cost to Property Owners Summary January 11,2005 Estimated Construction Cost $50,567 15%contingency(construction) $7,585 Estimated construction subtotal $58,152 13.5%contingency(Admin&Eng) $7,851 total project costs $66,003 total area to be served(S.F.) 180,340 total cost per S.F.to property owner $0.36599023 L9rNG@004-2005 FY C 1MWefnut Street-Phase 3(by County)1Reimbumemeni dWrlct 32-Fem Str"AC1 Y COUNCIL4FORMAMONI Fem Relmb Olst No.32As 1!112005 2:47 PM Page 4 of 4 FERN STREET SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #32 A PORTION OF THE NE ' 1 /4 OF SECTION 4 T2S R 1 W W.M. WALNUT NE N z 00 ai Q oN R Y FERN ST ar � 1 U ZN� EXHIBIT B