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2007-014730 Washington County,Oregon 2007.014730 021081' '02:11:11 PM D•R&C Cnt=1 Stn=21 RECORDSI 3� Return Recorded Document to: $35.00$0.00$11.00•Total=$52.00 City of Tigard—Records,Department 13125 SW Hall Blvd Tigard, ORE 97223 1111111111111111111111111111111111111111111111111 01072552200700147300070070 I,Richard Hobemlcht,Director of Assessment and ti No Change in Tax Statement Taxation and Ex-Officio County Clerk for Washington o- '�"� g County,Oregon,do hereby certify that the within 4�� Instrument of writing was received and re orded In the�Ji book of records of said couyty.. n y- Richard Hobemlcht,Director( �xof Asssessmen� ^ Taxation,Exdfflclo County Cork all � s , COVER PAGE FOR RECORDING Name of Transaction: Finalization of Sanitary Sewer Reimbursement District No. 32 (SW Fern Street) Name(s) Address Tax Map & Lot No. HAVILAND,RANDALL S TR& 13625 SW FERN ST 2S104BD01300 LEUEEN M ROMAN CATHOLIC 13665 SW FERN ST 2S104BD01400 ARCHBISHOP OF PORTLAND BENETTI,MARCO A& SALLY 13650 SW FERN ST 2S104BD02100 A CLARKE,JOHN A&NANCY J 13620 SW FERN ST 2S104BD02300 CLARKE,JOHN A&NANCY J NO ADDRESS 2S104BD02102 To be recorded in Deed Records per Tigard Municipal Code 13.09. Cover Page for Recording Reimbursement District No. 32 Page 1 of 1 CITY OF TIGARD, OREGON RESOLUTION NO. 06-'-] A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 32 (SW FERN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 05-05. WHEREAS, on January 25, 2005,the City Council approved Resolution No. 05-05 to form Sanitary Sewer District No. 32 to construct a sewer in SW Fern Street in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 05-05 included the City Engineer's Report, which provided 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 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 Final City Engineer's Report titled "Sanitary Sewer Reimbursement District No. 32", attached hereto as Exhibit A, is hereby approved. SECTION 2 The City Engineer's Report as presented in Resolution No. 05-05 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 known address. SECTION 4 This resolution is effective immediately upon passage. PASSED: This day of kw VQ rn 120 6. ` Mayor- yAty of Tigard ;�� ATTEST: Certified to be a True Cop#, , - Original on File t1,nl °•' City Recorder- City of Tigard - By: -- Deputy Recorder- City of Tigar RESOLUTION N0. 06- -74 Date: n�i7 �Pi� �� d L'w Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 32 (SW Fern 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 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 $2,735, 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 A line in Fern Street was extended east to serve the five lots shown on Exhibit Map B. Cost The final cost for the sanitary sewer construction to provide service to the five lots is $59,437.00. Engineering and inspection fees amount to $8,024.00 (13.5%) as defined in TMC 13.09.040(1). The final total project cost is $67,461.00. 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 $2,735 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 because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Final Engineer's Report,Reimbursement District No.32—Fern Street Page 1 of 4 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 $0.37407729 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 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 November 14, 2006 Ag s n P. Duenas, P.E. City'Engineer is%engt2006-2007 ty dp%aInut street-phase 3(by county)Veimbursement district 324em streetVlty coundftfinalize111-28-06 reim dist 32 report app a.doc Final Engineer's Report,Reimbursement District No.32—Fern Street Page 2 of 4 FERN STREET Reimbursement District No.32 Final Cost to Property Owners October 4,2006 FINAL AMOUNT TO BE PAID AMOUNT TO BE PAID AMOUNT THAT OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) AREA(AC) REIMBURSEMENT BY OWNER BY CITY CAN BE DEFERED FEE BY OWNER 1 HAVILAND,RANDALL S TR&LEUEEN M 13625 SW FERN ST 2SID48DO1300 21169.66925 0.486 $7,919 $6,000 $1,919 $0 2 ROMAN,CATHOLIC ARCHBISHOP OF PORTLAND 13665 SW FERN ST 2SI04BDO1400 22346.68844 0.513 $8,359 $6,000 $2,359 $0 3 BENETTI,MARCO A&SALLY A 13650 SW FERN ST 2SI04BDO2100 48852.1919 1.121 $18,274 $9,274 $9,000 $3,274 4 CLARKE,JOHN A&NANCY J 13620 SW FERN ST 2SI04BDO2300 43255.11633 0.993 $16,181 $7,181 $9,000 $1,181 5 CLARKE,JOHN A&NANCY J NO ADDRESS ON FERN ST 2SI04BDO2102 44716.0566 1.027 $16,727 $7,727 $9,000 $1,727 Totals 180340 4.14 $67,461 $36,183 $31,278 $6,183 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 Councirs 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 owners 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$2,735,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 3 of 4 FERN STREET Reimbursement District No. 32 Final Cost to Property Owners Summary October 4,2006 Final Construction Cost $59,437.00 13.5%(Admin&Eng) $8,024.00 total project costs $67,461.00 total area to be served(S.F.) 180,340 total cost per S.F.to property owner $0.37407729 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 9 ut GJ. co N s N M r 41� ! FERN ST a l tl� td td EXHIBIT B