Resolution No. 94-11 ME a
CITY OF TIGARD, OREGON
RESOLUTION "re- OA- I 1
A RESOLUTION ESTABLISHING SANITARY SEVIER REIMBURSEMENT DISTRICT NUMBER
5.
WHEREAS, sanitary newer improvements have been constructed to serve
Pacific Ridge Subdivision and certain adjoining properties; and
WHEREAS, all costs of said sewer construction have :oeen paid by The
Petrie Company; and
WHEREAS, formation of a zone of benefit has been requested by The Petrie
Company; 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 1T RESOLVED by the Tigard City Council that:
Section 1: The City Engineer's report title "Sanitary Sewer
Reimbursement District No. 511, 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 Chown on Eahi - B and described on Exhibit C. The
zone of benefit shall be known as "Sanitary Sewer
Reimbursement District No. 5."
Section 3: Payment of the re. v-very agreement connection charge as
shown in Exhibit Dis a precondition of receiving city
permits applicable t o development of each parcel within
the zone of benefit as provided for in TMC 13.08.030.
Section 4: An annual percentage rate of three percent (30) shall be
applied to the connection charge.
Section 5: The zone formation date is February 22, 1994. The right
of reimbursement shall end on February 22, 2004, unless
extended by tha Council in accordance with TMC 13.08.020
(b) (2)'.
RESGLUTION NO. 94-
Page 1
Ask 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 r r,nv of this resolution to all affected
property owners at their last known address, in
accordance with TMC 13.08.020 (f) and (g) .
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PASSED: Thisday�f w•^� / 1994.
y. Tigard
ATTEST:
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City Recorder — City WTigard
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RESOLUTION NO. 94—
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Exhibit A
City Engineer's Report
SANITARY SEWS—Tt REIMBURSEMENT DISTRICT NO. 5
Background
taTy sewer 11 ne hascacted to serve Paci-ie Ridge
subdivision located adjacent toS.W. 74th Avenue and Cherry Drive. The
sewer line also provides service to certain adjoining lots-
The
ots.The sewer line is nearing completion and the developer's costs are
known.
Financing
All costs of construction of the sewer extension have been paid by The
Petrie Company. The Petrie Company has requested that a reimbursement
district be formed so that the company 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 potentially provided sewer Service to seven
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 proposed zone formation date for the sewer is the date of Council
action forming the reimbusement district.
It is recommended that th-e 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 $46,119.00. All of this cost has been paid by The
Petrie Company.
Reimbursement bu
— rscmcnt Pate
West of 74th Avenue, the lots served by the sewer extension are all
zoned R-3.5, which provides for single-family residential development
and certain related use;. The minimum lot size in the R-3.5 zone is
10,000 square feet.
The new subdivision currently under construction (Pacific Ridge)
occupies Tax Lots 3300, 3400, 3600, and 3601. This subdivision will
contain 11 single-family lots, with no potential fog further subdivision
under the current zoning.
Tax Lots 2700, 3200, and 3302 are currently fully developed with single-
family residential structures and cannot be further subdivided under the
current zoning. Tax Lot 3501 could be subdivided into two or three lots
under the current zoning.
The tots east of 74th Avenue (Tax Lots 300, 400, and 500) are zoned C-P.
These lots could be subdivided or they could be developed with more than
one structure on each lot.
The applicant suggests that the lots with potential for subdivision
should be charged at twice the rate of the smaller lots that cannot be
subdivided. This seems to be a reasonable basis for calculating the
connection charge, as the larger lots have the potential of more than
one connection to the sewer in the future.
Therefore, it is recommended that the costs of the sewer be divided
among the lots within the zone of benefit as shown in Exhibit D. The
recommended cost to each lot is shown in Exhibit D.
At a meeting on February 8, 1994, the City Council heard from property
owners within the proposed district and di-scussed the options for
determining the connection charge. Based on those discussions, the
Council determined that the larger lots should not be charged their full
share of costs until such time as they are fully developed. Although
some of the lots have the potential for more development, current
development consists of one residential structure on each lot.
Therefore, Exhibit D provides that V connection f one Lcside ntial
structure -would be charged for only one -unit l-)fcost. Subsequent
development would pay any remaining share of costs.
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 requested that the finance charge be 3%, which is
comparable to that currently being paid to finance public improvements.
This seems reasonable, as the financing costs for private development
are usually somewhat higher. Therefore, it is recommended that the
interest rate be est at 3%. on each anniversary of the zone formation
date, the established connection charges shall be increased i,y this
amount.
Recommendation
It is recommended that a reimbursement district be formed with a zone of
benvit, reimbursement rate and interest as indicated above.
Submitted February 11, 1994.
Randall R. Wooley
Cit_v Ena_ineer
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aaa EXH=_IT "C"
REIMBURSEMENT DISTRICT NO. 5
A portion of the W.W. Graham D.L.C. in the SE 1/4 and the SW 1/4 of
Section 1, Township 2 South, Range 1 East, Willamette Pderidian,
City Of Tigard, Washington County, Oregon, described as follows:
Beginning at the Northwest corner of lot 49 of the plat of Rolling
Hills No 2 thence S 01* 46' 24" W, along the west line of said
lot 49, a distance of 150.00 feet to the southwest corner of said
lot 49; thence S 890 57' 36" E, along the south line of said lot
49, a distance of 110.00 feet to the east line of the plat of
Rolling Hills No. 2; thence S 01' 46' 241- W, along said east
line, a distance of 219.96 feet to the northwest corner of the
property described in Fee Number 78-039189 Washington County Deed
Records; thence S 881 48' 00" E along the north line of said Fee
Number a di-J ce of 104 -26 feet to the northeast corner of said
Fee Number; thence S Ole 40' 00" W, along the east line of saiu
fee Number and the extension thereof, a distance of 196.32 feet to
the south right of way of Cherry Street; thence S 88* 48' 00" E,
along said south right of way; a distance of 394.50 feet to the
west right of way of SW 74th Avenue and the northeast corner of '_ot
43 Rolling Hills No. 2; thence S 01° 07' 53" W, along said rest
right of .way, a distance of 180.00 feet to the southeast corner of
said lot 43 and the south line of the plat of Rolling Hills No. 2;
thence S 88* 481 00" E, alorig said south line, a distance of 50.00
feet to the southeast corner of said plat; thence N 011 07' 53"
E, along the east line of said plat, a distance of 88.00 feet to
the southwest corner of the property described in Land Sale
Contract recorded in Fee Number 90-13022 of Washington County Deed
Records; thence S 88° 48' 00" E, along the south lineof said Fee
Number, a distance of 290.00 feet to the west right of way of SW
72nd Avenue; thence N 010 07' 53" E, along said west right of
way, a distance of 396.00 feet to the northeast corner of the
property described in Fee Number 90-49255; thence N 88' 40' 15"
W, along the north line of said Fee Number and the north line of
the proposed plat of Pacific Ridge, a distance of 484.80 feet to
the SOUt hea_S`. -__uG of th,&_ property c u - jc
bad aW=r 90-
30051 Washington county Deed Records;' thence N 02' 02' 44" E,
along the east line of said Fee Number, a distance of 271.91 feet,
to the southerly right of way of the Public street dedicated in
deed recorded in Book 149 page 293 of Washington County Deed
Records; thence N 891 51' 46" W, along said southerly right of
way, a distance of 140.00 feat to the east line of the proposed
plat of Pacific Ridge; thence, along the boundary of said proposed
plat the following four courses; thence N 02' 02' 44" E a distance
of 20.00 feet; thence S 89- 51' 46" W a distance of 162..15 feet;
thence S 011 28' 24" W a distance of 25.01 feet; thence N 89' 57'
36" W a distance of 50.02 feet to the Northeast corner of lot 49
Rolling Hills No. 2; thence r 89 57' 36" W, along the north line
of said lot 49, a distance of 110.00 feet to the point of
beginning.
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LlExhibit D
Sanitary Sewer Reimbursement District No. 5
Recovery Agreement Connection Charges
Connection
Tax Lot Units** Charge**
2SI IDc, 300 2 $ 4,192.64
2S1 1DC 400 2 4,192.64
2S1 IDC Soo 2 4,192.64
2S1 1DC 2700 1 2,096.32
2S1 1DC 3200 1 2,096.32
2;;1 IDC 3302 1 2,096.32
LSI IDC 3300, 3400, 3600, & 36G1
(Pacific Ridge Subdivision) * 11 23,059.48
2S1 IDC 3501 2 4,192.64
22 $46,119.00
*Note 1: Pacific Ridge Subdivision is 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_
Note 3: The connection charge- shall applyon!,,,, r n proper-Lies -"'ic" are
ccnnected directly to the sewer lines constructed as a part of
Pacific Ridge Subdivision (the sewer line shown on Exhibit B)
If properties within the zone of benefit are connected
direc%ly to se..e_r lines outside the zone of benefit, the
connection chargeshall not apply.
**Note 4: For residential structures, the connection charge shall be at
the rate of one unit for each residential structure connected
to the; public sewer. For commercial development, the
connection charge, shall be for the number of units shown in
the table above. The charge per unit is $2..096-32- Over the
life of the ri:rwu ,« i
rseent district, the total charge to any
tax lot shall P not exceed the number of units shown in the
table above.