2007-099503 Washington County,Oregon
09H4'"^n7 10:02x8 AMD-R 2007-099503
�(
Return Recorded Document to: $45. cnhl Stn=3
R
$45.00..1.00$5.00-Total=$61.00
tt (� City of Tigard—Records Department
13125 SW Hall Blvd
Tigard, ORE 97223 01165228200700995030090099
I,Richard Hobemlcht,Director of Assessment and k•.
No Change in Tax Statement Taxation and Ex-Ofllclo County Clerk for Washington
b County,Oregon,do hereby certify that the within
Instrument of writing was received and recorded In the a
book of records of said eoupty.
Richard Hobemlcht,Director of Assessment and
Taxation,Ex-Offlclo County Clerk
144
e ,
COVER PAGE FOR RECORDING
Name of Transaction: Finalization of Sanitary Sewer Reimbursement District No. 40
(SW Ann Street) File No. 0596
Name(s) Address Tax Map & Lot No.
VANSANT,JEFFREY 12070 SW ANN ST 2S103BA00101
ZARR,JAMES A AND DONA J 12010 SW ANN ST 2S103BA00102
ANDERSON,EDWARD L&MARY ANNE 11950 SW ANN ST 2S103BA00103
HUTCHISON,PERRY C 11890 SW ANN ST 2S103BA00104
PROCTOR,TIFFANY A&PATRICK E 11830 SW ANN ST 2S103BA00105
PARSONS,JOE P MARLYNN 11770 SW ANN ST 2S103BA00106
POTTHOFF,ROGER&MARY 11710 SW ANN ST 2S103BA00107
SPRAGUE,MICHAEL M 11650 SW ANN ST 2S103BA00108
BANKS,RICHARD L 11590 SW ANN ST 2S103BA00109
To be recorded in Deed Records per Tigard Municipal Code 13.09.
Cover Page for Recording
Reimbursement District No. 40 Page 1 of 9
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07-07-51
A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40
(SW ANN STREET) AND AMENDING TIIE PRELIMINARY CITY ENGINEER'S REPORT
CONTAINED IN RESOLUTION NO. 07-12.
WHEREAS, on March 13, 2007, the City Council approved Resolution No. 07-12 to form Sanitary
Sewer District No. 40 to construct a sewer in SW Ann Street in accordance with TIVIC Chapter 13.09;
and
WHEREAS, Resolution No. 07-12 included the City Engineer's Report that included an estimated
construction and total project cost; and
WI-IERE-AS, construction of the sewer improvements has been completed, final costs have been
determined, and the City Engineer's Report has been revised to include the final costs as required by
TIM 13.09.105 (1);and
WHEREAS, the property owners within the district have been notified of an informational hearing in
accordance with TMC13.09.060 and an informational hearing was conducted in accordance with TMC
13.09.105; and
WI-IEREAS, the City Council has determined that d-ie proposed revisions to the City Engineers Report,
as recommended by the City Engineer, are appropriate.
NOW,THE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Final City Engineer's Report tided "Sanitary Sewer Reimbursement District No.
40", attached hereto as Exhibit A,is hereby approved.
SECTION 2: The City Engineer's Report as presented in Resolution No. 07-12 is hereby amended
. by the attached Final City Engineer's Report(Exhibit A).
SECTION 3: 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 tnis resolution to all affected property
owners at their last known address.
SECTION 4: This resolution is effective immediately upon passage.
RESOLUTION NO.07 -J
Page 1
PASSED: Tlus a! 1 day of c 2007.
C
Mayor kity of Tigard
ATTEST:
City Recorder- City of Tigard
Certified to he a true copy of the original document s
on fil t City of Tigard City Hq l p�,, �� ■o
Date.• `
a"
RESOLUTION NO.07—0
Page 2
Exhibit A
Final City Engineer's Report
Sanitary Sewer Reimbursement District No. 4.0
(SW.Ann Street)
Back ound
This project was constructed and funded under the City of Tigard Neighborhood Sewer
Extension Program (NSEP). Under the program, the City of Tigard installed public sewers
to each lot within the project area. At the time the property owner connects to the sewer,
the owner must pay a connection fee, currently $2,835, and reunburse 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- Lone of Benefit
Serving the nine lots in the following table required the extension of an existing sewer in SW
116111 Avenue south to SW Ann Street. All of the lots along SW Ann Street from SW 11611,
Avenue to SW 121 It Avenue are now served.
The project provided sewer service to a total of nine lots within the proposed
reimbursement district as shown on Exhibit Map B.
Cost
The final cost for the salutary sewer construction to provide service to the nine lots is
$141,394.11. Engineering and inspection fees amount to $19,08$.20 (13.5%) as defined in
TMC 13.09.040(1). The final total project cost is $160,482.31. Subject to the Incentive
Program, this is the usual expected amount that would be reimbursed to the sanitary sewer
fund as properties connect to die sewer and pay their fair share of the total amount.
However, the owners expressed concern about the reimbursement fee being higher than the
fee for other districts.
The higher fee is the result of the sewer only serving the south side of Ann Street since the lots
on the north side are currently served by a sewer along heir back lot line. Thus leaves the lots
on the south side with die entire cost of die sewer instead of sharing die cost with die lots on
the other side of the street. The owners believe dint there is an easement along their back lot
line intended for a sewer that could serve their lots as well as tie lots immediately south and
fronting onto Walnut Street. Although a sewer at this location does not meet City design
standards, tie owners expected that they would share the cost of constructing dus sewer with
the lots on the south side of the easement. However, these lots on die soudi side of the
easement were provided Witi sewer service from sewers uistalled in Walnut Street in 2001
through Sewer Reimbursement District No. 18. The owners believe that the installation of
sewers in Walnut Street eliminated an opportunity for cost sharing of die construction of a
sewer and requested relief by reducing the reimbursement fee by one-half. City Council
Exhibit A Page ] of 5
considered and approved this request following an vhformational hearing at its March 13,2007
meeting. The following tables show the final cost to each owner. The cost to each owner is
based on spreading one half of die total project cost among the owners instead of the frill cost.
In addition to sharing the cost of die 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.
All owners will be responsible for all plumbing costs required for work done on private
property.
Reimbursement Rate
All properties in the proposed district are zoned R-4.5 but vary in lot size from about twelve
thousand to sixteen thousand square feet as can be seen in die following list of lots.
Therefore, it is recommended :that the total cost of die 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 fiontage 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 die
benefit to each lot.
Each property owner's final fair share of the public sewer line is $0.58129103 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 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.
Recoinrnendation
It is recommended that a reimbursement district be finalized 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.
Exhibit A Page 2 of 5
Submitted July 9,2007
a,-L,� 10- 0
Ak4tin P. Duenas, P.E.
City Engineer
IMnOt2006-2007 Iy dpWnn It mimbinemenl JISIVinallzaHOW-24.07 05140 mpan ax 2.0oe
Exhibit A Page 3 of 5
ANN STREET
Reimbursement District No. 40
Final Cost to Property Owner Based on Final Project Cost
July 12,2007
TO BE PAID BY TO BE PAID BY CITY IF
OWNER SITE ADDRESS AREA(S.F.) FULL REDUCED OWNER IF CONNECTED WITHIN 3
REIMBURSEMENT FEE REIMBURSEMENT FEE CONNECTED WITHIN 3 YEARS
YEARS
1 VANSANT,JEFFREY 12070 SWANN ST 15600.7689243 518,137 $9,069 56,000 $3,069
2 ZARR,JAMES A AND DONA J 12010 SW ANN ST 15783.9670897 $1 8,350 $9,175 S6,000 $3,175
3 ANDERSON,EDWARD L&MARY ANNE. 11950 SW ANN ST 15614.5578744 S18,153 $9,077 $6,000 $3,077
4 HUTCHISON,PERRY C 11890 SW ANN ST 16119.9306668 $18,741 $9,370 $6,000 $3,370
5 PROCTOR,TIFFANY A&PATRICK E 11830 SW ANN ST 15858.6525555 S18,437 $9,218 56,000 $3,218
6 PARSONS,JOE P MARLYNN 11770 SW ANN ST 15531.5788679 $18,057 $9,028 S6,000 $3,028
7 POTTHOFF,ROGER&MARY 11710 SW ANN ST 15949.2526235 $18,542 $9,271 S6,000 53,271
8 SPRAGUE,MICHAEL M 11650 SW ANN ST 15917.7795199 $18,506 59,253 $6,000 $3,253
9 BANKS,RICHARD L 11590 SW ANN ST 11663.0718303 513,559 $6,780 $6,000 5780
138040 $160,482 $80,241 $54,000 $26,241
The"FULL REIMBURSEMENT FEE"column shows the reimbursement fee for each lot if the full cost of the project was imposed on the owners.
The"REDUCED REIMBURSEMENT FEE"column shows the reduced reimbursement fee for each lot. There are no requirements to connect to the sewer
or pay any fees until the owner decides to connect to the sewer.
In accordance with Resolution No.01-46, each property owner will be required to pay the first$6,000 of the final reimbursement fee for Connections
completed within the first three years of City Council's approval of the final City Engineer's Report following construction. The"TO BE PAID BY CITY IF
CONNECTED WITHIN 3 YEARS"column shows that portion of the reimbursement fee that the owner will not be required to pay if they connect to the
sewer during this three year period which is that amount of the reimbursement fee between$6,000 and$15,000.
In addition to the reimbursement fee,the owners will also be required to pay a connection fee, currently$2,835,at the time of connection to the sewer.
Property owners are also responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications
necessary to connect to the public sewer.
Page 4 of 5
ANN STREET
Reimbursement District No. 40
Final Cost to Property Owner Based on Final Project Cost
July 12,2007
Final Construction Cost $141,394.11
13.5%contingency(Admin&Eng) $19,088.20
total project costs $160,482.31
total area to be served(S.F.) 138,040
total cost per S.F.to property owner $1.16258205
total recommended cost per S.F.to property owner $0.58129103
Page 5 of 5
ANN STREET
DISTRICT NO. 40
FY 2006-07 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE SW 1 /4 SECTION 3 T2S R 1 W W. M .
Q
i
ANN ST
0�0�Est �P
�0 •
ryS�P�h� p10 j0�Q5 P� 0P0 Q0 010 Q� ph l
psi
UtiP 1ti P��9h0 ti�G�\ �'� �Ohp�' P� 0P 5• �� 001 OG�S� 0 � '3,9�'�s`�ay
Q
h �
Q
WANUT ST
NOTE:
All properties in the reimbursement
district are zoned R4.5 EXHIBIT B
NTS