2004-092151 RETURN RECORDED DOCUMENT TO: Washington County,Oregon 200,4_0921 51
Records Department 08/10/2004 09:04:26 AM
City of Tigard R8o cnt=1 stn=13 I MESA
13125 SW Hall Blvd
$35.00$6.00$11.00-Total a$52.00
Tigard, OR 97223
00633450200400921510070070
I,Jor y Henson,Director of Assessment and Taxation
end Ex-ORlclo County Clerk for Washington County, t,
Oregon,do hereby certify that the within fnstrument of
writing was received and recorded In the book of J
records of said county. I=
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Jerry R.Hanson,DlrectorDf-Assessm.ntent and Taxation,
Ex-Offlclo County Clerk
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
COVER PAGE FOR RECORDING
Name of Transaction: Formation of Reimbursement District No. 28 - SW O'Mara,
McDonald Streets
Name of Person(s), Address, and Map and Tax Lot Identification:
OWNER TAX LOT SITE ADDRESS
BAYARD LAUREN& 2S102CD00300 9620 SW FREWING ST
DOWD LARRY&LAURA 2SI02CDO0400 9600 SW FREWING ST
BOYDSTUN DENNIS GREGORY 2SI02CDO0500 9585 SW O'MARA ST
FUCHS ARNOLD C&SHIRLEY K 2S102CD00600 9530 SW O'MARA ST
DURFEE STANLEY D&CYNTHIA A 2S102CDOi 101 9580 SW O'MARA ST
BATES VIRGINIA A 2S 102CDO2000 9680 SW O'MARA ST
MCDILL STEVEN J&KIMBERLY C 2SI02CDO2001 9630 SW O'MARA ST
WHITEMAN TEX R LEWAHNA 2SI02CDO2100 9530 SW EDGEWOOD
GITHENS WANDAMA TRUSTEE 2SI02CDO2601 9675 SW HILLVIEW CT
NEVILLE THOMAS A& 2S102CD02602 9635 SW HILLVIEW CT
BROWN ROGER A&JENNIFER A 2SI02CDO2603 9605 SW HILLVIEW CT
SHIRLEY JULIA A 2SI02CDO2604 9610 SW HILLVIEW CT
BHATTACHARYYA KEYA 2SI02CDO2605 9608 SW HILLVIEW CT
WILSON LELAND J&TAMMIE L 2SI02CDO2606 9670 SW HILLVIEW CT
NIRANJAN RAMAKRISHNAN& 2SI02CDO2607 9760 SW OMARA ST
JOHNSON EDITH L TRUSTEE 2SI02CDO2608 9800 SW O'MARA ST
WILSON WILLIAM D JR AND 2S102CD02609 9840 SW O'MARA ST
PARKER WALTER J&LOLA B 2SI02CDO2700 9615 SW O'MARA ST
SHEHORN STEPHEN LEE 2SI02CDO2701 9765 SW O'MARA ST
ANDERSON CLARENCE N TR 2SI02CDO2702 9735 SW O'MARA ST
PARKER WALTER J&LOLA B 2SI02CDO2703 9615 SW O'MARA ST
GARNANT DAVID G&JOYCE 2SI02CDO2705 9625 SW O'MARA ST
WORLEY MARTHA W 2SI02CDO2706 9695 SW O'MARA ST
MONNIE HELEN C&MICHAEL D& 2SI02CDO2709 9715 SW OMARA ST
KOLB DAVID&JANE F TRS 2SI02CDO2712 9645 SW O'MARA ST
STRAND DAVID E 2S102CD02715 9675 SW OMARA ST
MCDONALD TERRY L/DIANE L 2SI02CDO2802 9865 SW OMARA ST
RAY STEVEN A&DEBORAH M 2SI02CDO2803 9845 SW O'MARA ST
COVER PAGE FOR RECORDING - 1 of 2
Name of Transaction:Establishing Reimbursement District No.28—SW O'Mara,McDonald Streets
Name of Person(s),Address,and Map and Tax Lot Identification
IIIIIIII Illllil IIIIIIII II III .
2004-92151
SPIAK ANDREW JOEL 2SI02CDO2805 9825 SW O'MARA ST
MCPHAIL JOHN R&LEANN 2SI02CDO3000 9935 SW MCDONALD ST
OTTOMAN NORMAN R TRUSTEE 2S IO2CDO3002 9905 SW MCDONALD ST
MCCORD GLEN A&ELIZABETH A 2S IO2CDO3005 9965 SW MCDONALD ST
CLAYTON MARLIN L 2S102CDO4900 9777 SW O'MARA ST
COOK DOREEN M 2S IO2CDO5000 9815 SW O'MARA ST
HAMPTON CLAUDE H 2S I IBA00803 9960 SW MCDONALD ST
MILLER PHILLIP R 2S111BA00804 9940 SW MCDONALD ST
To be recorded in Deed Records per Tigard Municipal Code 13.09.
COVER PAGE FOR RECORDING -2 of 2
Name of Transaction:Establishing Reimbursement District No.28—SW O'Mara,McDonald Streets
Name of Person(s),Address,and Map and Tax Lot Identification
CITY OF TIGARD, OREGOI 2004-92151
RESOLUTION NO. 03- 3 Z
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 (SW
O'MARA, MCDONALD STREETS)
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, these property 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 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. 28",
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
known as "Sanitary Sewer Reimbursement District No. 28, SW O'Mara, McDonald
Streets."
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.
PASSED: This C;��-b—�ay ofA bt-C t-S- 2003.
llayorCCAy 0 igard
AST:
ity Recorder- City of Tigard ;
is\en0@003-2004 fy clp\distdct 28(o'mara,mcdonald)\resolution est.doc t". LL
RESOLUTION NO. 03-32 -� . � , 11<b_ � II B., g
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2004-92151
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 28
(SW O'Mara and McDonald Streets)
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 a project area. At the time
the property owner connects to the sewer, the owner would pay a connection fee
of $2,435 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 sanitary sewer line in SW O'Mara Street would be extended west
from between SW Hill Street and SW Frewing Street to serve thirty-six lots as
shown on Exhibit Map B.
Cost
The estimated cost for the sanitary sewer construction is $384,997.62. This
includes the $366,664,40 bid by the contractor plus a 5% contingency of
$18,333.22. Engineering and inspection fees amount to $51,974.68 (13.5%) as
defined in TMC 13.09.040(1). The estimated total project cost is $436,972.30.
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 $2,435 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 in this area are zoned R-4.5 but vary in lot size from about 14,000
square feet to over 38,000 as can be seen on the attached list of owners in.
Therefore, it is recommended that the total cost of the project be divided among
the thirty six properties proportional to the square footage of each property.
2004-92151
Resolution 01-46 limits this fee to $6,000 to the extent that it does not exceed
$15,000 per owner for connections completed within three years of final approval
of the City Engineer's Report.
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 $0.62
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.
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 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 August 12, 2003
AguOn P. Duenas, P.E.
Citygineer
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NTS NOTE:
All properties in the reimbursement
district are zoned R4.5