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93-066063 9 3 0 6 6 0 6 7 _ Washington Coin RETURN RECORDED DOCUMENT°TO: CITY OF TIGARD, OREGON CITY RECORDER, CITY OF TIGARD 2 13125 SW HALL BLVD. RESOLUTION NO. 93- 35 TIGARD, OR 97223 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.4 WHEREAS, sanitary sewer improvements have been constructed to serve properties south of SW Inez Street and west of SW 100th Avenue; and, WHEREAS, ,.all costs of said sewer construction have been paid by Randy and Janette Wilder; and, WHEREAS, formation of a zone of benefit has been requested by Randy and Janette Wilder; and, WHEREAS, the City Engineer has submitted a report describing the improvements, the zone of benefit, a methodology for spreading the cost among the parcels within the zone of benefit, and the recommended interest rate; and, WHEREAS, the City Council has determined that formation of a zone of benefit 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. 4", attached hereto as Exhibit A. is hereby approved. Section 2 : A zone of benefit is hereby established in accordance with TMC Chapter 13 .08 . The zone of benefit shall be the area shown and described on Exhibit B. The zone of benefit shall be known as "Sanitary Sewer Reimbursement District No. 4 . " Section 3 : Payment of the recovery agreement connection charge as shown in Exhibit C is a precondition of receiving city permits applicable to development of each parcel within the zone of benefit as provided for in TMC' 13 . 08 . 030 . Section 4 : An annual percentage rate of zero percent (0%) shall be applied to the connection charge. Section 5: The zone formation date is September 29, 1992 . The right of reimbursement shall end on September 29, 2002, unless extended by the Council in accordance with TMC 13 . 08 .020 (b) (2) . 13 SOLRJT'T.O N0. 93- � Certified to be a True Copy of Ides. e Paget l °a Origin t G3' 3 :'.r :ia. .' ' C file - - nY '1 r•City Of 719a nrN Date. r, Section 6: 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 .08 . 020 (f) and (g) . L PASSED: This ��—J da of , 1993 . a or - City of Tigard ATTE ' Ci y Recorder - City of Tig d RESOLUTION NO. 93- Page 2 Exhibit A City Engineer' s Report SANITARY SEWER REIMBURSEMENT DISTRICT NO. 4 Background A sanitary sewer line has been constructed to serve a new subdivision created by Randy and Janette Wilder on SW 100th Avenue near Inez Street. The sewer line also provides service to properties between Inez Street and the new subdivision. The sewer line is complete and available for connection. Financing All costs of construction of the sewer extension were paid by Randy and Janette Wilder. They have requested that a reimbursement district be formed so that they will be reimbursed for a share of the costs of the sewer extension in the future as other properties are connected to the sewer.. The sewer extension has provided sewer service to four adjacent properties, thereby relieving adjacent property owners of installing sewer improvements in the future. This has created a zone of benefit as defined in TMC 13 .08 . 010 (7) . Zone of Benefit The zone. of benefit is the properties shown as the shaded area on the attached map (Exhibit B) . The zone formation date is September 29, 1992, which is the date that the project was accepted by the City as complete. It is recommended that the reimbursement district continue for ten years . After ten years, properties connecting to the sewer would no longer .be required to pay the reimbursement fee, unless the time is extended by the Council as provided in TMC 13 . 08 .020 (b) (2) . Cost The total cost of the sanitary sewer construction, including design and inspection costs, is $23, 368 .50 . All of this cost has been paid by Randy and Janette Wilder. Reimbursement Rate The lots served by the sewer extension are all zoned R-3 .5, which provides for single-family residential development and certain related uses . The minimum lot size in the R-3.5 zone is 10, 000 square feet . 3 While some of the lots have the potential to be subdivided, actual subdivision of the lots in the near future seems unlikely. Existing lots outside the wilder' s subdivision are already developed with one single-family home per lot . Lots within the Wilder subdivision are configured in such a way that it would be difficult to subdivide and still meet all requirements of the zoning code. Only one sewer stub was provided for each lot . It appears that the future use will be one single-family house per lot . It appears that each lot receives equal benefit from the sewer extension. Therefore, it is recommended that the costs of the sewer construction be divided equally between the seven lots. The recommended cost to each lot is shown in Exhibit C. Interest Rate TMC 13.08 . 020 (b) (5) provides that an annual percentage rate shall be applied to the connection charge on the anniversary date of the reimbursement agreement . The applicant has not submitted evidence of any finance costs. Therefore, it is recommended that the percentage rate be zero percent (0%) . Recommendation It is recommended that a reimbursement district be formed with a zone of benefit, reimbursement rate and interest as indicated above. Submitted July 7, 1993 . Randall R. Wooley City Engineer ke/alld-rep ` . ` . . ~_ ' EXHIBIT wBw � �d���� d�� �%������Ul� ����"�~� ��" BENEFIT S.W. INEZ STREET Z DESCRIBED S.W. MURDOCK ,~ .—EE, 4 portion of Lots 20 and 21. TigordviUe Hmighha, Washington County, Dragon. more particularly described as follows: Beginning at the in|ho| point of the Partition Plot for Randy A. and Janette L. VVUdar recorded os Partition P\mi number 1992'077 in Washington County Surveyor's office; thence South 89035'09~ West by the south line of said partition plot. 463`09 feet to the southwest corner of said partition plat; thence North 1°16'21~ East by the west Una of said partition plot, 188-55 feet to the northwest corner of said partition plot-, thence North 89037^47~ East by the north line of sold pnri|Upn p|ot. 64.52 feet to the southwest corner of that poroa| described in fee to David A. Littleton and VVondo J. L|#|atun recorded March 21, 1989. in document number 89-11988. Washington County deed records; thence North 1"48/ East by the west line of said Littleton parcel, 188 feet to the south right-of-way of S.W. Inez Street; thence South 88"51^ East along the south right-of-way of S.W. |nwo Street, 439 feat to the most right-of-way of S.W. |OO!h Avenue; thence South 1*27'57^ West along the womt right-of'vvoy S.W. 100th Avenue, 376 feet to the westerly extension of the south line of said Wilder Partition; thence South 89"35'09^ West 40 feet to the point of beginning. `_~ ' Exhibit C Recovery Agreement Connection Charges Tax Lot Cost 2S1 11BC 1800 $ 3, 338 .35 2S1 11BC 1900 3, 338 .35 2S1 11BC 2000 3, 338 .35 2S1 11BC 2100 3, 338 .35 2S1 11BC 4100 * 3, 338 .36 2S1 11BC 4200 * 3, 338 .37 2S1 11BC 4300 * 3, 338 .37 2S1 11BC 4400 (common driveway) 0 . 00 Total $23, 368 .50 *Note 1 : Tax lots 4100, 4200, and 4300 are owned by the applicant . The reimbursement district connection charge is deemed to have been paid on these lots . Note 2 : If any tax lot shown above is later subdivided, the recovery agreement connection charge for that lot shall be assigned to the new lots in accordance with the written instructions of the subdivision applicant. If no written instructions are provided, the charge shall be distributed equally among the new lots created. dj/RW:Wild-rep STATE OF OREGON SS County of Washington I,Jerry R.Hanson;Director of Assessment do hereby certify on- and Taxati forasaid coUtnty,-ficiO Recorde{Ing Was that t es of records of that the within instrument, of received an Said booi<' _,Director of said county. R. Hanson, Jerry. Taxation,Ex- Assessmerit and,lerk Offic►o'County Doc : 93066063 38, 00 Rect; ].05911 pOPM 06/12/1993 02: 41'