2008-073205 Washington County,Oregon 2008-073205
0' 2008 11:08:03 AM
D Cnt=1 Stn=8 C PFEIFER
Return Recorded Document to: $45.00$5.00$11.00-Total=$61.00
City of Tigard—Records Department
II
Tigard, ORE 97223 01284016200800732050090095
I,Richard Hobernicht,Director of Assessment and
Taxation and Ex-Officio County Clerk for Washington
No Change in Tax Statement County,Oregon,do hereby certify that the within
instrument of writing was received and recorded in the
book of records of said cou �
Richard Hobernicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
41
COVER PAGE FOR RECORDING
Name of Transaction: Formation of 97th Ave Sanitary Sewer Reimbursement District No. 41
Name(s) Address Tax Map & Lot No.
EVANS, JAMES WARD &JOYCE 1 14285 SW 97TH AVE 2S111BA01800
PALM, FRANK L & DORIS O 14325 SW 97TH AVE 25111 BA01700
PALM, ROY D 14405 SW 97TH AVE 25111 BA01600
FREDERICK, SCOTT G & KATHLEEN R 9755 SW INEZ ST 25111 BA01500
WHITE, WILLIAM A 14470 SW 100TH AVE 25111 BA02500
WARREN, JACK R 9925 SW INEZ ST 25111 BA02103
SCOTT, ROBERT P & KIMBERLY S 9895 SW INEZ ST 2S111BA02104
BARSOTTI, STEPHEN A 9865 SW INEZ ST 25111 BA02105
WALKER, SAMUEL JAY& JULIE LINDA 9835 SW INEZ ST 25111 BA02106
CORLISS, JAMES L & CORA 9780 SW INEZ ST 2S111BD00100
BRAY TRUST 9930 SW INEZ ST 25111 BD00302
POWERS, RICHARD C 9900 SW INEZ ST 2S111BD00303
GLENN, CAROL JEAN TRUSTEE 9870 SW INEZ ST 25111 BD00304
WINTERBOTTOM, LISA M LIVING TRUST 9840 SW INEZ ST 25111 BD00305
To be recorded in Deed Records per Tigard Municipal Code 13.09.
Cover Page for Recording
Reimbursement District No. I Page 1 of
U
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08- 3 (Q
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 41
(SW 9711 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, the property owners of proposed Sanitary Sewer Reimbursement District No. 41 (SW 79"'
Avenue) 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. 41," 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. 41."
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- LQ
Page 1
PASSED: ThisQ)-4 day of 2008.
Mayor- ity of igard
ATTEST:
City Recorder-City of Tigard
iAeng12007-2008 ty cip%97th ave san sew reimbursement dist 41Vormation\&24-0B 79th av reim dist 41 res.doc
Certified to be a True Copy of
Original on File ,., �O�j •Q �gpl�
Deputy Recorder- City of Tibard •
Date: A24 -Z ��G� �+' n•�`�'� o��':�.�'�x �,_.,�
RESOLUTION NO. 08
Page 2
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 41
(SW 971h 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 of$3,135 effective July 1, 2008 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 14 lots in the following table will require extending an existing sewer south in
SW 971h Avenue to serve four large lots then west to SW Inez Street to serve the remaining
10 lots. Only lots on the west side of SW 97th Avenue are included in the district since lots
on the east side are currently served. The proposed district leaves seven lots along SW View
Terrace without service. Serving these lots will require extending the proposed line in SW
9711, Avenue west to SW View Terrace through an easement that is not currently available.
Once the easement becomes available, a separate reimbutsement district will be proposed to
provide service to the lots along SW View Terrace.
The proposed project would provide sewer service to a total of 14 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 14 lots is
$336,950. Engineering and inspection fees amount to $45,488 (13.5%) as defined in TMC
13.09.040(1). The estimated total project cost is $382,438. 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 of$3,135 effective July 1, 2008 upon connection to
the public line. All owners will be responsible for all plumbing costs required for work done
on private property.
Exhibit A Page 1 of 4
Reimbursement Rate
All properties in the proposed district are zoned R-3.5 but vary in lot size from about 14,000
to 52,000 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 $1.03 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 June 10, 2008
Cilin P. Duenas, P.E.
Ci
ngineer
i1eng\2007-2008 fy cip\97th ave san sew reimbursement dist 41Nformation\6-24-08 79th av reim dist 41 report ex a.doc
Exhibit A Page 2 of 4
97TH AVENUE
Reimbursement District No. 41
Estimated Cost to Property Owners
May 7,2008
ESTIMATED ESTIMATED AMOUNT ESTIMATED AMOUNT THAT CAN
OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) AREA(AC) REIMBURSEMENT FEE TO BE PAID BY AMOUNT TO BE BE DEFERRED BY
OWNER PAID BY CITY OWNER
1 EVANS,JAMES WARD&JOYCE 1 14285 SW 97TH AVE 2S111BA01800 50608.71 1.162 $52,286 $43,286 $9,000 $37,286
2 PALM,FRANK L&DORIS O 14325 SW 97TH AVE 2S111BA01700 49391.57 1.134 $51,029 $42,029 $9,000 $36,029
3 PALM,ROY D 14405 SW 97TH AVE 2S111BA01600 51787.91 1.189 $53,505 $44,505 $9,000 $38,505
4 FREDERICK,SCOTT G&KATHLEEN R 9755 SW INEZ ST 28111 BA01500 57418.13 1.318 $59,321 $50,321 $9,000 $44,321
5 WHITE,WILLIAM A 14470 SW 100TH AVE 2S111BA02500 17209.46 0.395 $17,780 $8,780 $9,000 $2,780
6 WARREN,JACK R 9925 SW INEZ ST 23111 BA02103 14875.06 0.341 $15,368 $6,368 $9,000 $368
7 SCOTT,ROBERT P&KIMBERLY S 9895 SW INEZ ST 2S111 BA02104 14863.06 0.341 $15,356 $6,356 $9,000 $356
8 BARSOTTI,STEPHEN A 9865 SW INEZ ST 25111 BA02105 14851.05 0.341 $15,343 $6,343 $9,000 $343
9 WALKER,SAMUEL JAY&JULIE LINDA 9835 SW INEZ ST 25111 BA02106 14834.22 0.341 $15,326 $6,326 $9,000 $326 t
10 CORLISS,JAMES L&CORA 9780 SW INEZ ST 2S111BD00100 21419.18 0.492 $22,129 $13,129 $9,000 $7,129
11 BRAY TRUST 9930 SW INEZ ST 2S111BD00302 15675.01 0.360 $16,195 $7,195 $9,000 $1,195
12 POWERS,RICHARD C 9900 SW INEZ ST 25111 BDO0303 15709.73 0.360 $16,230 $7,230 $9,000 $1,230,
13 GLENN,CAROL JEAN TRUSTEE 9870 SW INEZ ST 2S111BDO0304 15745.17 0.361 $16,267 $7,267 $9,000 $1,267
14 WINTERBOTTOM,LISA M LIVING TRUST 9840 SW INEZ ST 2S111 BDO0305 15779.90 0.361 $16,303 $7,303 $9,000 $1,303
Totals 370168.15 8.50 $382,438 $256,438 $126,000 $172,438
The"estimated cost to property owner"column shows the estimated reimbursement fee each owner is required to
pay to connect to the sewer. 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.
The amount each property owner will be required to pay will be limited to$6,000 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. This amount is shown in the"paid by owner"column. The remaining portion of the
reimbursement fee that the owner will not be required to pay during this three year period is shown in the"paid by
city"column.
Please note that this resolution also requires the owner to pay any fair share amounts 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 the amount the fair share exceeds$15,000. Under Resolution 03-55, payment of the amount in excess of
$15,000 may be deferred until the owner's lot is developed.
The owner would 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.
These costs are as presented during the Neighborhood Meeting and will be revised once construction is
completed and final costs are determined.
PAGE 3OF4
97TH AVENUE
Reimbursement District No. 41 -
Estimated Cost to Property Owners
Summary
May 7,2008
Estimated Construction Cost T $293,000
15%contingency(construction) $43,950
Estimated construction subtotal _ $336,950
13.5%contingency(Admin&Eng) $45,488
total project costs $382,438
total area to be served(S.F.) 370,168
total cost per S.F.to property.owner $1.03
PAGE 4OF4
97TH AVE DIST NO. 41
FY 2007-08 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE NW 1 /4 SECTION 1 1 T2S R1 W W.M.
m
> D� �, Cj �, Qj P �� Gj "j� '�� W
C �P b W t
W
(1)
INEZ ST
00
��•X`2
NOTE:
All properties in the reimbursement EXHIBIT B 1
district are zoned R3.5 -
NTS
97TH AVE DIST NO. 41
FY 2007-08 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE NW 1 /4 SECTION 11 T2S R 1 W W.M.
°° PALM, FRANK L EVANS, JAMES
FREDERICK, SCOTT G PALM, ROY D & DORIS 0 WARD & JOYCE I
_ & KATHLEEN R 14405 SW 97 AVE 14325 SW 97TH AVE'14285 SW 97TH AVE
x 9755 SW INEZ ST 2S111 BA01700 2S111 BA01800
w2S111 BA01500 2S111 BA01600
w
w
0
z 97TH AVE
NOTE:
All properties in the reimbursement EXHIBIT
district are zoned R3.5 NTS