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2006-063124 Washington County,Oregon 2006.063124 '612006 10:14:03 AM Return Recorded Document t, -&O Crn=1 Stn=13 C PFEIFER $55.00$6.00$11.00•Total=$72.00 City of Tigard—Records Department 13125 Sl Hall Blvd - Tigard; ORE 97223 00957960200600631240110112 I,Jerry Hanson,Director of Assessment and Taxation No Change in Tax Statement and Ex-Offlclo County Clerk for Washington County, Oregon,do hereby certify that the within Instrument of ' writing was received and recorded in t,he book of ,t records of said county. �r Jerry R.Hanson,Director sseasment and Taxation, Ex-Offlclo County Clerk e � COVER PAGE FOR RECORDING Name of Transaction: Resolution No. 06-16 for Sanitary Sewer Reimbursement District No. 36 (SW 93rd Avenue) File No. SS05-06 City State Zip Tax Map & Name(s) Address Lot No. ALLEE ANGELA F&JACK C 9265 SW MOUNTAIN VIEW TIGARD OR 97224 2S111ABO2000 ANDRADE JORGE 9225 SW ELROSE CT TIGARD OR 97224 2S111AB01201 BEARD JOHN D&LYNN C CO-TRS 9230 SW ELROSE CT TIGARD OR 97224 2S111AB01700 CAUFIELD LARRY L&JUDITH M 9145 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02300 CRAVEN RICHARD EARL&MARY 9170 SW ELROSE CT TIGARD OR 97224 2S111AB01500 FINCK WILLIAM R&MARILYN 9235 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02100 GERSPACH DIANE JEANNINE 14200 SW 93RD AVE TIGARD OR 97224 2S111AB01900 GOODHOUSE JOHN JAY 9345 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02900 GRIFFIN CHARLES R AND BARBARA K 14175 SW 93RD AVE TIGARD OR 97224 2S111AB03000 HERN MICHIKO 9340 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02400 JOHNSON HELEN M 9190 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB03601 KLUEMPKE RICHARD G&ROSEMARY 9380 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02500 LINDSAY ROY L&CHARMAINE C TR 9185 SW MOUNTAIN VIEW TIGARD OR 97224 2SI11ABO2200 MADISON JEFFREY ALLAN&SUSAN 9033 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB00201 MELLAND ORVILLE E AND LOIS M 9120 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB03701 OGBURN HELENE N 14080 SW 93RD AVE TIGARD OR 97224 2S111AB01000 OSHIMA DANIEL K,WATTMAN&MARIAN 9150 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB03602 PETRIN JEROME ALEX&BARBARA 9105 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB00403 RICHARDS JONELLE M 14170 SW 93RD AVE TIGARD OR 97224 2S111AB01800 SCHOOLER DAVID K 9420 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02600 SCHWARZ CHARLES&DIZNEY 14135 SW 93RD AVE TIGARD OR 97224 2S111AB03100 SCHWARZER GERTRUD E&PETER H 9330 SW MCDONALD ST TIGARD OR 97224 2S111AB03200 SHROCK WALTER W&TRUSTEES 9425 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02700 SMITH JANE A TRUSTEE 9200 SW ELROSE CT TIGARD OR 97224 2S111AB01600 STEINER JOINT LIVING TRUST 9165 SW ELROSE CT TIGARD OR 97224 2S111AB01400 VOLK VIRGIL V RUTH 9385 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB02800 WEISHEIT HENRY B &BARTOLEMEA 9080 SW MOUNTAIN VIEW TIGARD OR 97224 2S111AB03702 WILLIAMS FAMILY TRUST 9195 SW ELROSE CT TIGARD OR 97224 2S111ABO1300 To be recorded in Deed Records per Tigard Municipal Code 13.09. Cover Page for Recording Reimbursement District No. 36 Page 1 of 11 L� CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ' RESOLUTION NO. 06-J[12 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW 93RD 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 3.09;and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 36 (SW 93rd Street) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing wa.s 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. 36," 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. 36, SW 93rd Avenue." 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. RESOLUTION NO. 06 - � Page 1 SECTION 6 This resolution is effective immediately upon passage. PASSED: This �S +h day of` [1.�1�'�. 2006. Mayor- dity of Tigard ATTEST: r r / �1- 4e.1.t�l 1. �.i ✓lel �� +'[_. City Recorder- City of Tigard Certified to be a true copy of the Original on file at G4.of Tigarc City Hall. 1 r r l By City Recorder, City of Tigari t7 Date, RESOLUTION NO. 06 - Vtl Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No.36 (SW 93rd 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, currently$2,635, 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 twenty eight lots in the following table will require the extension of an existing sewer in SW McDonald Street south to Eltose Court and Mountain View Lane. Two of houses on Elrose Court are too low to be provided with gravity service to the basements. Using customary methods, the sewer cannot be installed at a sufficient depth to serve the basements of houses at 9195 and 9225 SW Eltose Court. To avoid excessive costs, the proposed sewer will only provide service to the upper floors of the houses. If an owner chooses to connect to the sewer, service to the basement will require pumping. Another option is to serve the upper floor with the sewer and continue to use the septic system to serve the basement. These two owners have been notified of this service limitation. The proposed project would provide sewer service to a total of twenty eight lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the twenty eight lots is $498,947. Engineering and inspection fees amount to $67,358 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $566,305. 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$2,635,upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Exhibit A Pagel of 4 Reimbursement Rate All properties are zoned R-4.5 but vary in lot size from about fifteen thousand to twenty seven thousand 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 $1.16044 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 followingconstruction 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 March 14,2006 u tin P. Duenas,P.E. Ci ngineer 19eng12006-2006 y cip193rd ave ss reim6 dist 361city council formatiW264-06 reim dist 36 report app a.doc Exhibit A Page 2 of 4 93rd AVENUE Reimbursement District No.36 CostEstimate Tebru2ry24 2006 TOTAL PAID BY OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) ESTIMATED OWNER PAID BY CITY COST 1 ALLEE ANGELA F&JACK C 9265 SW MOUNTAIN VIEW 2S111AB02000 17220.743 $19,984 $10,984 $9,000 2 ANDRADE JORGE 9225 SW ELROSE CT 2S111AB01201 22762.447 $26,415 $17,415 $9,000 3 BEARD JOHN D&LYNN C CO-TRS 9230 SW ELROSE CT 2S111AB01700 166SZ516 $19,359 $10,359 $9,000 4 CAUFIELDLARRY L&JUDIT'HM 9145 SW MOUNTAIN VIEW 2SI11ABO2300 15098.561 $17,521 $8,521 $9,000 5 CRAVEN RICHARD EARL&MARY 9170 SW ELROSE CT 2S111AB01500 19354.052 $22,459 $13,459 $9,000 6 FINCK WILLIAM R&MARILYN 9235 SW MOUNTAIN VIEW 2SI11ABO2100 15099.365 $17,522 $8,522 $9,000 7 GERSPACH DIANE JEANNINE 14200 SW 93RD AVE 2S111AB01900 15291.94 $17,745 $8,745 $9,000 8 GOODHOUSEJOHN JAY 9345 SW MOUNTAIN VIEW 2S111AB02900 18642.779 $21,634 $12,634 $9,000 9 GRIFFIN CHARLES RAND BARBARA K 14175 SW 93RD AVE 2S111AB03000 17133.72 $19,883 $10,883 $9,000 10 BERN MICHIKO 9340 SW MOUNTAIN VIEW 2S111AB02400 15000.065 $17,407 $8,407 $9,000 11 JOHNSON HELEN M 9190 SW MOUNTAIN VIEW ZS111AB03601 15043.5 $17,457 $8,457 $9,000 12 KLUEMPKE RICHARD G&ROSEMARY 9380 SW MOUN'T'AIN VIEW 2S111AB02500 15370.039 $17,836 $8,836 $9,000 13 LINDSAY ROY L&CHARMAINE C TR 9185 SW MOUNTAIN VIEW 2S111AB02200 15097.979 $17,520 $8,520 $9,000 14 MADISON JEFFREY ALLAN&SUSAN 9033 SW MOUNTAIN VIEW 2S111A1300201 27025.239 $31,361 $22,361 $9,000 15 MELLAND ORVILLE E AND LOIS M 9120 SW MOUNTAIN VIEW 2SIlIABO3701 17438.034 $20,236 $11,236 $9,000 16 OGBURN HELENE N 14080 SW 93RD AVE 2S111AB01000 22701.324 $26,344 $17,344 $9,000 17 OSHIMA DANIEL K,WATTMAN&MARIAN 9150 SW MOUNTAIN VIEW 2SI11ABO3602 15048.979 $17,464 $8,464 $9,000 18 PETRIN JEROME ALEX&BARBARA 9105 SW MOUNTAIN VIEW 2SIl IAB00403 17842871 $20,706 $11,706 $9,000 19 RICHARDS JONELLE M 14170 SW 93RD AVE 2S111AB01800 15556.675 $18,053 $9,053 $9,000 20 SCHOOLERDAVID K 9420 SW MOUNTAIN VIEW 2S111AB02600 15101.725 $17,525 $8,525 $9,000 21 SCHWARZ CHARLES&DIZNEY 14135 SW 93RD AVE 2S111AB03100 15745.921 $18,272 $9,272 $9,000 22 SCHWARZER GERTRUD E&PETER H 9330 SW MCDONALD ST 2S111AB03200 25043.000 $29,061 $20,061 $9,000 23 SHROCK WALTER W&TRUSTEES 9425 SW MOUNTAIN VIEW 2SIlIABO2700 15150.467 $17,581 $8,581 $9,000 24 SMITH JANE A TRUSTEE 9200 SW ELROSE CT 2S111AB01600 16935.741 $19,653 $10,653 $9,000 25 STEINERJOINT LIVING TRUST 9165 SWELROSE CT 2S111AB01400 15256.928 $17,705 $8,705 $9,000 26 VOLK VIRGIL V RUTH 9385 SW MOUNTAIN VIEW 2S111AB02800 15451.783 $17,931 $8,931 $9,000 27 WEISHEIT HENRY B&BARTOLEMEA 9080 SW MOUNTAIN VIEW 2S111AB03702 16548.257 $19,203 $10,203 $9,000 28 WILLIAMS FAMILY TRUST 9195 SW ELROSE CT 2S11IAB01300 19362333 $22,469 $13,469 $9,000 Totals 488007 $566,305 $314,305 $252,000 PROJECT TOTAL(Cost to Owners+Cost to City)_ $566,305 93RD Ave R6.h by area Page 3 of 4 93rd AVENUE Reimbursement District No. 36 Cost Estimate Summary February 24,2006 Estimated Construction Cost $433,867 15%contingency(construction) $65,080 Estimated construction subtotal $498,947 13.5%contingency(Admin&Eng) $67,358 total project costs $566,305 total area to be served(S.F.) 488,007 total cost per S.F. $1.16044442 The"Paid by Owner"column shows the estimated 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 the 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 Resolution 01-46 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$2,635,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. I:\ENG\2005-2006 FY CIP\93RD AVE SS R,imb Dist 36\93RD Ave R6.b by—..Is Page 4 of 4 93RD AVE & MOUNTAIN VIEW LN FY 2005-06 SANITARY SEWER EXTENSTION PROGRAM REIMBURSEMENT DISTRICT #36 A PORTION OF THE NE 1 /4 OF SECTION 11 T2S R1 W W.M. -Q z SEE EXHIBIT B (P2) n W � o zoo ti OGBURN, HELENE N m vm 14080 93RD AVE o p °j Q Q °) 25111 AB01000 e- (� W ZEN ANN U � � R z 93RD AVE o co 0 U � Z � Qo Q � cg SCH WARZER, GER TROD W a ` Q C ' tv & PETER � N_ � cov � � m ti 9330 MCDONALD ST °j '< Q °' Q m 2S111ABOJ200 Q� � `� � � LO V N C, NOTE: ,All properties in the reimbursement EXHIBIT B (p1 ) district are zoned R4.5 NTS 93RD AVE & MOUNTAIN VIEW LN FY 2005-06 SANITARY SEWER EXTENSTION PROGRAM REIMBURSEMENT DISTRICT #36 A PORTION OF THE NE 1 /4 OF SECTION 11 T2S R1 W W.M. Ivo pWN y G� wpm 5FP�00�� r. °j STEINER JOINT LIVING TRUST m 9165 EL OSE CT Fn 25111 AB01400 2S111 AB00402 ELROSE CT X W wICHARD N � CRA UEN, v o & MARY o �— 9170 EL SE CT m W W Q) 2S111 AB01500 25111ABOO401 pJ �, Q ZWc� � W � c) C) m Q) � NN rn NOTE: All properties in the reimbursement EXHIBIT B (p2� district are zoned R4.5 NTS 93RD AVE & MOUNTAIN VIEW LN FY 2005-06 SANITARY SEWER EXTENSTION PROGRAM REIMBURSEMENT DISTRICT #36 A PORTION OF THE NE 1 /4 OF SECTION 11 T2S R1 W W.M. � o � SE£ EXN�e�T g N ~ �=' � ,, quo (pl) ov m 5 m GOODHOUSE, JOHN � Q 9345 MTN VIEW N o Ln 2S111AB02900co Q N CY) N Q M ALLEE, ANGELA MTN VIEW LN & JACK 9265 MTN VIEW C) 2S111 AB02O00 QWO Q� 0 � 0 co pzo ��p zSN m 'Z m �, ��rho z On MTN VIEW LN m Q�o� � NOTE: All properties in the reimbursement EXHIBIT B (p3� district are zoned R4.5 NTS C- D z SEE EXHIBIT B (P3) � z 0 oFINCK, WILLIAM CD & MARIL YN CD 9235 MTN VIEW N `� 2S111 AB02100 CD HELEN JOHNSON, H C z CD 9190 MTN VIEW -�, m2S111 AB03601 < LINDSA Y, ROY -< • m & CHARMA INE 9185 MTN VIEW OZ o0 r 2S111 AB02200 z O 1 CD OSHIMA, DANIEL & o co WA TTMAN, MARIAN m 9150 MTN VIEW CAUFIELD, LARRY � D o 2S1 1 1AB03602 & JUDI TH CO z D m 9145 MTN VIEWm C: _1 < x 2S111 AB02300 D MELLAND, ORVILLE M < P? CIDZ I & LOIS MLn 9120 MTN VIEW Z M O °0 2S111ABOJ701 PETRIN, JEROME 0 —1 ::E c & BARBARA 9105 MTN VIEW m N ;UD WEISHEIT, HENRY 2S111ABOO403 () X z & BAR TOLEMEA 9080 MTN VIEW Z z < 2S111ABO5702 w (A m -' rn0r Z z N N 0 MADISON, JEFFREY D 9033 MTN VIEW 90TH AVE 2S111AB00201 m m rz z cn D D