2008-026144 Wa,"')gton County,Oregon 2U�8-U26144
0; 308 09:16:30 AM
D•I._- Cnt=1 Stn=13 I CASTILLO
Return Recorded Document to: $45.00$5.00$11.00•Total=$51.00
City of Tigard—Records Department
13125 SW Hall Blvd11�11 111111111111 1�III III
Tigard, ORE 97223 01231210200800261440090099
I,Richard Hobe micht,Director of Assessment and
No Change in Tax Statement Taxation and Ex-O}flclo County Clerk for Washington
Change County,Oregon,do hereby certify that the within °
Instrument of writing was received and recorded In the i
book of records of esid coup_J�1.e+��n/
Rlchard Hobemicht,Director ofAssessmen�• .
Taxation,Ex-Officio County Clerk
41
COVER PAGE FOR RECORDING
Name of Transaction: Formation of Fairhaven Sanitary Sewer Reimbursement District No. 38
Name(s) Address Tax Map & Lot No.
ADKINS, KATHRYN J TR 11305 SW FAIRHAVEN ST 2S103DC00815
BURMAN, RAYMOND N & JUDY L 11225 SW FAIRHAVEN ST 2S103DC00817
CUMMINS, ROBERT J & DIANE G 11310 SW FAIRHAVEN 2S103DC00822
GRANT, JOHN & KRISTEN 11270 SW FAIRHAVEN CT 2S103DC00820
GUSTAFSON, JOHN A& MARY P 11445 SW FAIRHAVEN ST 2S103DC00804
HALDORSON, LELAND K 11250 SW FAIRHAVEN CT 2S103DC00819
HAMILTON, LARRY D & MARY JO 11290 SW FAIRHAVEN CT 2S103DC00821
HANSEN, LAURENCE LEE 10965 SW FAIRHAVEN ST 2S103DD0049
HOEFER, ROLAND ISH &ALTA L 13675 SW 114TH AVE 2S103DC00811
KAKESAKO, RANDALL M & KATHLEEN N 13635 SW 114TH AVE 2S103DC00808
KLUMP, KENNETH B 11345 SW FAIRHAVEN ST 2S103DC00814
JAMES, SUZANNE 11415 SW FAIRHAVEN ST 2S103DC00805
MBOUSYA, LUE RENE & DELPHINE AU 13655 SW 115TH AVE 2S103CD00500
MCCOLL, LEE & NANCY L 11265 SW FAIRHAVEN ST 2S103DC00816
MELLA, JOSE LUIS ESPINO &AMY
ESPINO 10960 SW FAIRHAVEN ST 2S103DD00410
MILLS, ROBERT W& IRENE C 13530 SW 115TH AVE 2S103DC00803
MORALES, SADIE C & RAYMOND K 13620 SW 110TH AVE 2S103DD00411
RIVERA, EUSEBIO E & SHIRETTA 13610 SW 115TH AVE 2S103DC00807
SICKLES, DANIEL J 13670 SW 114TH AVE 2S103DC00810
STREALY, GARY C 11200 SW FAIRHAVEN ST 2S103DC00818
TOPF, PAUL J & CHRISTA M 11385 SW FAIRHAVEN ST 2S103DC00806
WATANABE, FREDERIC H 13630 SW 114TH AVE 2S103DC00809
To be recorded in Deed Records per Tigard Municipal Code 13.09.
Cover Page for Recording
Reimbursement District No. 3 Page 1 of
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08- O5
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38
(SW FAIRHAVEN 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, the property owners of proposed Sanitary Sewer Reimbursement District No. 38 (SW Fairhaven
Street) 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. 38," 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. 38."
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. 08- 05
Page 1
PASSED: This _ day of2008.
n) �
Ma City of Tigard
ATTEST:
City Recorder-City of Tigard
.,i-. dfied .�� ;,��� a True dopy of
i:\engt2007-2008 ty dpVaiifiav n ss reimbursement distridUonnation\o-08 reim dist 38 ms.doc Original�� on File
J
By:
Deputy Recu pier _ City of T and
Date:
17
f
RESOLUTION NO. 08-
Page 2
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 38
(SW Fairhaven 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 $2,835, 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 22 lots in the following table will require the connection to an existing sewer
along a creek west of SW 110th Avenue. Lines from the existing sewer will be extended east
to serve three lots along SW 110th Avenue and west to SW 115th Avenue to serve 19 lots.
Although the proposed sewer passes along the frontage of 13575 and 13615 SW 115th
Avenue, these two lots are not included in the proposed Reimbursement District. The
house at 13575 SW 115th Avenue is currently connected to a sewer at the back lot line and a
permit has been issued for the connection of 13615 SW 115th Avenue to the line as well.
The proposed project would provide sewer service to a total of 22 lots within the proposed
reimbursement district as shown on Exhibit Map B.
Cost
The portion of sewers nearest-to the connection to the existing sewer passes through areas
to the east and west where services are not provided. The estimated cost of$120,027 for
this portion of the sewer is not proposed to be allocated to the Reimbursement District.
The estimated construction cost for the remaining portion of the sanitary sewer to provide
service to the 22 lots is $300,739. Engineering and inspection fees amount to $46,690
(13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $392,540. 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.
Exhibit A Pagel of 4
i
All owners will be responsible for all plumbing costs required for work done on private
property.
Reimbursement Rate
Eighteen of the properties within the district are zoned R-3.5 while four of the properties,
west of SW 114th Avenue, are zoned R-4.5. The lots are similarly developed but vary in size
from about 15,000 to 17,000 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.
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 $1.13653134 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 (IMC) 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 29, 2008
tin P. Duenas, P.E.
City ngineer
Exhibit A Page 2 of 4
FAIRHAVEN STREET DISTRICT NO. 38
Estimated Cost to Property Owners
January 28,2008
ESTIMATED 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 ADKINS,KATHRYN J TR 11305 SW FAIRHAVEN ST 2S103DC00815 15554.52 0.357 $17,678 $8,678 $9,000 $2,678
2 BURMAN,RAYMOND N&JUDY L 11225 SW FAIRHAVEN ST 2SI03DC00817 16997.32 0.390 $19,318 $10,318 $9,000 $4,318
3 CUMMINS,ROBERT J&DIANE G 11310 SW FAIRHAVEN 2SI03DC00822 15836.29 0.364 $17,998 $8,998 $9,000 $2,998
4 GRANT,JOHN&KRISTEN 11270 SW FAIRHAVEN CT 2S103DC00820 16982.90 0.390 $19,302 $10,302 $9,000 $4,302
5 GUSTAFSON,JOHN A&MARY P 11445 SW FAIRHAVEN ST 2SI03DC00804 15016.00 0.345 $17,066 $8,066 $9,000 $2,066
6 HALDORSON,LELAND K 11250 SW FAIRHAVEN CT 2S103DC00819 16723.11 0.384 $19,006 $10,006 $9,000 $4,006
7 HAMILTON,LARRY D&MARY JO 11290 SW FAIRHAVEN CT 2SI03DC00821 16889.16 0.388 $19,195 $10,195 $9,000 $4,195
8 HANSEN,LAURENCE LEE 10965 SW FAIRHAVEN ST 2S103DC00409 16568.65 0.380 $18,831 $9,831 $9,000 $3,831
9 HOEFER,ROLAND ISH&ALTA L 13675 SW 114TH AVE 2S103DC00811 15003.04 0.344 $17,051 $8,051 $9,000 $2,051
10 KAKESAKO,RANDALL M&KATHLEEN N 13635 SW 114TH AVE 2S103DC00808 15003.03 0.344 $17,051 $8,051 $9,000 $2,05'
11 KLUMP,KENNETH B 11345 SW FAIRHAVEN ST 2S103DC00814 15555.00 0.357 $17,679 $8,679 $9,000 $2,&
12 JAMES,SUZANNE 11415 SW FAIRHAVEN ST 2S103DC00805 15014.47 .0.345 $17,064 $8,064 $9,000 $2,66,
13 MBOUSYA,LUC RENE&DELPHINE AU 13655 SW 115TH AVE 2S103CD00500 15063.98 0.346 $17,121 $8,121 $9,000 $2,121
14 MCCOLL,LEE&NANCY L 11265 SW FAIRHAVEN ST 2S103DC00816 15558.05 0.357 $17,682 $8,682 $9,000 $2,682
15 MELLA,JOSE LUIS ESPINO&AMY ESPINO 10960 SW FAIRHAVEN ST 2SI03DC00410 15426.27 0.354 $17,532 $8,532 $9,000 $2,532
16 MILLS,ROBERT W&IRENE C 13530 SW 115TH AVE 2S103DC00803 15016.79 0.345 $17,067 $8,067 $9,000 $2,067
17 MORALES,SADIE C&RAYMOND K 13620 SW 110TH AVE 2S103DC00411 17293.12 0.397 $19,654 $10,654 $9,000 $4,654
18 RIVERA,EUSEBIO E&SHIRETTA 13610 SW 115TH AVE 2S103DC00807 15003.04 0.344 $17,051 $8,051 $9,000 $2,051
19 SICKLES,DANIEL J 13670 SW 114TH AVE 2SI03DCOOBIO 15003.79 0.344 $17,052 $8,052 $9,000 $2,052
20 STREALY,GARY C 11230 SW FAIRHAVEN ST 2S1030000818 15859.36 0.364 $18,025 $9,025 $9,000 $3,025
21 TOPF,PAUL J&CHRISTA M 11385 SW FAIRHAVEN ST 2S103DC00806 15012.93 0.345 $17,063 $8,063 $9,000 $2,063
22 WATANABE,FREDERIC H 13630 SW 114TH 2S103DC00809 15003.04 0.344 $17,051 $8,051 $9,000 $2,051
Totals 345384 7.93 $392,540 $194,540 $198,000 $62,540
Except for the amount of$9,000 to be paid by the City,all the fees are estimated at this time.The final fee to be paid by each
property owner will be determined once the construction is complete and final costs are recalculated to reflect actual project
costs.The final fee will be specified in the City Engineer's report,which will be submitted to City Council for approval upon
completion of the construction.
The amount that each owner will be required to pay is limited to$6,000.00 for connections completed within three years of City
Council approval of the final cost.
In addition to$6,000,owners will also be required to pay any fair share amounts that exceed $15,000.00.The reimbursement
fee of$9,000.00(the difference between$15,000.00 and$6,000.00)would be paid by the City if connections are made within
the first three-year(the fee is shown in the"Amount to be paid by the City"column).Consequently,the total estimated amount
responsible by each property owner is shown under the"Estimated Amount to be paid by Owner"column. However, payment of
the amount in excess of$15,000.00 may be deferred until the owner's lot is developed.
Owners will also be required to pay a connection fee, currently$2,835.00,at the time of connection to the public sewer. In
addition,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. Owners are not required to pay any fees until they decide to
connect.
Ref: Resolutions 01-46 and 03-55
PAGE 3OF4
FAIRrnAVEN STREET DISTRICT ..0. 38
Estimated Cost to Property Owners
Summary
January 28, 2008
Portion of total estimated construction cost
allocated to the reimbursement district $300,739
15%contingency(construction) $45,111
Estimated construction subtotal $345,850
13.5%contingency(Admin &Eng) $46,690
Total project costs $392,540
Total area to be served (S.F.) 345,384
Total estimated cost per S.F. to property owner $1.13653134
PAGE 4OF4
FAIRHAVEN STREET-REIMBURSEMENT DIST NO. 38
FY 2007-08 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M.
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NOTE:
All properties in the reimbursement EXHIBIT B (.p1
district are zoned R4.5 & 3.5 NTS
FAIRHAVEN STREET—REIMBURSEMENT DIST NO. 38
FY 2007-08 SANITARY .SEWER EXTENSION PROGRAM
A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M .
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NOTE:
All properties in the reimbursement EXHIBIT B (p2)
district are zoned R4.5 & R3.5 NTS