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11/12/2008 - Packet Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee `yCIVe-g„hg-,- i 21 2cyN Date of Meeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting;I am simply the employee preparing the paper record for archiving. This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name Signature 3 1 8i3 Date Intergovernmental Water Board — Agenda SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, November 12, 2008, 5:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to conduct roll call. 2. Approval of Minutes — October 8, 2008 Action: Motion to approve the October 8, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Water Supply Update - Mr. Goodrich 5. Consider a Street Dedication Deed for a Strip of Land Along the Water Building Property (Tigard Public Works Building) to Be Dedicated to the Public as Right-of-Way for the City of Tigard's Burnham Street Improvements —Mr. Koellermeier Action: Motion to dedicate a strip of land along the Water Building Property as public as right-of- way for the City of Tigard's Burnham Street improvements. 6. Consider a Public Utility Easement for an 82 Square-Foot Parcel on the Water Building Property (Tigard Public Works Building) for the City of Tigard's Burnham Street Improvements —Mr. Koellermeier Action: Motion to grant a public utility easement for an 82 Square-Foot Parcel on the Water Building Property for the City of Tigard's Burnham Street Improvements. 7. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard - Continued - Commissioner Carroll Action: No action required. 8. Informational Items ■ Term Expiration for Commissioners Buehner and Winn 9. Non-Agenda Items Call for non-agenda items from the Board. INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 12, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2 10. Future Agenda Items ■ Consider a resolutions recommending Tigard declare surplus and dispose of a portion of the Canterbury property and the Water Building remnant. ■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. ■ Review: - Proposed Tigard Municipal Code and policy changes regarding credit-for-leak, water meters, and non-payment of water bills. - The billing insert policy. 11. Next Meeting: ■ December 10, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Executive Session The Intergovernmental Water Board will go into Executive Session to discuss real property transaction negotiations under ORS 192.660 (2)(e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. Adjournment Action: Motion for adjournment INTERGOVERNMENTAL WATER BOARD AGENDA-NOVEMBER 12, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 www.dgard-or.gov I Page 2 of2 Sign-in Sheet Intergovernmental Water Board Meeting Date: I/ - /� - 045 Name Do you wish If yes, please give your address please print to speak to the Board? John Q. Public Yes 13125 SW Hall Blvd. Tigard OR 97223 Intergovernmental Water Board (IWB) Meeting Minutes November 12, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Ken Henschel Alternate Representing the Tigard Water District Bill Scheiderich Member At-Large (Arrived at 5:36 p.m.) Dick Winn Representing the City of King City Members Absent: None Staff Present: Public Works Director Dennis Koellermeier Attorney Tim Ramis IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:30 p.m. 2. Approval of Minutes — October 8, 2008 Commissioner Buehner motioned to approve the October 8, 2008 minutes; Commissioner Winn seconded the motion. The minutes were approved by majority vote, with Commissioners Buehner, Carroll and Winn voting yes. Commissioner Henschel abstained. 3. Public Comments: None 4. Water Supply Update Mr. Koellermeier reported: ■ October water consumption averaged 4.85 million gallons per day; this is slightly less than the 10-year average. ■ In 2008, 105 million gallons of water were recovered from aquifer storage and recovery (ASR) well number 2. • ASR injection will begin in the next couple weeks with target volumes of 150 million gallons in ASR well number 2 and 44 million gallons in ASR well number 1. ■ The new reservoir will be online in mid-November. Intergovernmental Water Board Minutes November 12.2008 1 Note: Items 5 and 6 were considered together. 5. Consider a Street Dedication Deed for a Strip of Land Along the Water Building Property (Tigard Public Works Building) to Be Dedicated to the Public as Right-of-Way for the City of Tigard's Burnham Street Improvements 6. Consider a Public Utility Easement for an 82-Square-Foot Parcel on the Water Building Property (Tigard Public Works Building) for the City of Tigard's Burnham Street Improvements In response to a question from Commissioner Carroll, Mr. Koellermeier advised the details on the sale of the remnant parcel were addressed in an October 30, 2008 memo from the Tigard city attorney's office. This memo is on file in the IWB record. Mr. Koellermeier said the sale of property needed to go before the member jurisdictions. Since the street dedication and easement did not involve the sale of property, these transactions could be decided by the IWB based on the tenancy in common agreement for the Water Building property. Mr. Ramis said the issue before the Board was whether to authorize the easement and dedication deed. He advised a majority vote was required and the Board could make a motion to approve the two documents. Commissioner Buehner motioned to approve the two documents [street dedication deed and public utility easement]; Commissioner Henschel seconded the motion. The motion was approved by unanimous vote, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. Mr. Koellermeier summarized the details and timelines in the October 30, 2008 memo regarding the sale of the remnant and Canterbury parcels. All member jurisdictions should have considered the sale of the properties by the IWB's December meeting. Commissioner Winn reported King City would consider the property sales on December 3 instead of November 19. He mentioned the drawings accompanying the remnant parcel and Canterbury documents were inadequate. Commissioner Henschel asked what would be done with the proceeds from the sale of the property. The Board responded the money would go to the Water Capital Improvement Fund. Commissioner Henschel informed the Board the Tigard Water District was planning a major conservation fair and suggested the District's portion of the property proceeds be used as "seed money" to expand water conservation efforts. Mr. Koellermeier commented it was the Board's decision as to how it wished to use the money and suggested a presentation on the existing conservation program be scheduled as a future agenda item. He will provide information on the program, possible future programming and the pros and cons of conservation. Note: Mr. Ramis left the meeting at 5:49 p.m. Intergovernmental Water Board Minutes November 12,2008 2 Commissioner Carroll confirmed all of the Commissioners would be prepared to vote on the sale of remnant and Canterbury properties on December 10. Commissioner Scheiderich said the sale price of the Canterbury property was not included on the documentation. Ms. Gaston advised the appraised value was $605,000 and said she would provide Commissioner Henschel with a copy of the appraisal. 7. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard This item was continued from the Board's September 10, 2008 meeting. Commissioner Carroll proposed the Board begin by reviewing Durham's agreement section by section. Commissioner Buehner asked if statutes cited in the agreements were current; these citations should be verified by the attorney who prepares the final agreement. Rather than having the Board work on an agreement, Commissioner Henschel proposed giving the member jurisdiction comments to an attorney who could draft an agreement. Other Commissioners countered the Board needed to determine a framework and decide substantive issues before turning the agreement over to an attorney. Intergovernmental Agreement Between Tigard and Durham for Delivery of Water Service Used as Sample Agreement Page 1, Recital Item 2 ■ Commissioner Carroll questioned what this section actually said. ■ Mr. Koellermeier said it paraphrased ORS 222. ■ Commissioner Buehner suggested it was redundant and could be removed. ■ Commissioner Scheiderich said it was just a recital of state law. ■ Commissioner Carroll said whomever rewrites the agreement could determine if this wording was important and should remain in the new agreement. Page 1, Recital Item 5 ■ Commissioner Henschel summarized written comments: The District would like Tigard to provide an annual report that shows the methodology used in determining the District's one percent, details on revenues, etc. and rights of any of the member jurisdictions to review the billing procedures, etc. The City of Tigard would provide IWB members with an analysis of billing procedures and providers biannually so the IWB can determine the best billing provider. ■ Mr. Koellermeier said he was agreeable to adding an accountability/reporting step into the agreement. The degree of accountability would need to be discussed further. ■ Commissioner Carroll said the level of accountability might be more appropriate in another section of the agreement and could be discussed later. Page 1, Recital Item 7 ■ The Board agreed to delete this recital as it is obsolete. Page 2, Item 2, Term ■ Commissioner Carroll suggested the new agreement be in full force and effect in perpetuity. • Mr. Koellermeier said member jurisdictions other than Tigard were looking for guaranteed access to water in the future. Intergovernmental Water Board Minutes November 12,2008 3 ■ Mr. Koellermeier and Commissioner Carroll settled on language generally saying termination.- - ermination:- Could occur with the mutual agreement of Tigard and the member jurisdiction that wished to leave. - Would require five-year notice or could be a term mutually agreed to by Tigard and the member jurisdiction that wished to leave. Page 2, Item 3, Intergovernmental Water Board • Commissioner Henschel questioned whether the IWB should become an official legal entity registered with the State of Oregon. ■ Commissioner Scheiderich responded the IWB does not have its own budget. If it was a legal entity, it could issue bonds in its own name, have taxing authority, etc. ■ Commissioners Carroll and Winn expressed concern that being a legal entity would be complicated and would create responsibilities their jurisdictions did not want to assume. ■ Commissioner Henschel summarized written comments: Official status would help to formalize procedures to insure compliance with state public meetings law, the IWB's ability to sign contracts, hold hearings and develop its own web site. He indicated the IWB might have signed contracts in the past, although it is not clear it had the authority to do so. ■ Mr. Koellermeier suggested the level of responsibility fell along a continuum with the IWB functioning as an advisory board on one end and functioning as a standalone, authoritative entity on the other end. ■ Commissioner Carroll said some tweaks might be made, but he was not interested in having more involvement in the water system or moving toward a more independent entity. Commissioner Winn concurred. ■ Commissioner Scheiderich said a separate entity would typically have its own staff, buy its own insurance and issue bonds in its own name. Attempting to issue bonds would be self-defeating since the Board has no credit history. • Commissioner Buehner said IWB members sign documents on behalf of the member jurisdictions they represent. ■ Commissioner Carroll said the Board makes recommendations to Tigard or considers items Tigard has abdicated to it. Commissioner Winn said the IWB was an advisory board to Tigard. Commissioner Buehner said Tigard has always followed the IWB's recommendations. ■ Commissioner Carroll suggested the Tigard Water District's attorney could draft some kind of middle-ground option, but Durham and King City were not interested in taking on budgets, bonding, insurance, etc. Commissioner Henschel concurred. Commissioner Winn expressed concern over the direction of the discussion and inquired what would happen if King City did not support the new agreement. Commissioner Carroll said all four member jurisdictions must approve the new agreement in order for it to become effective. ■ Commissioner Henschel addressed the issue of selecting the at-large member and proposed a process for doing so by advertising the position every two years and interviewing applicants. Commissioner Carroll said he did not want this to preclude the Board members from appointing whomever they like on January 1. The Board agreed this was a procedural issue and did not need to be included in Intergovernmental Water Board Minutes November 12,2008 4 the agreement. Commissioner Carroll said notations about the at-large member would remain the same. Page 3, Item 3.B.(1), Intergovernmental Water Board Terms ■ Commissioners Carroll and Scheiderich said this was obsolete and could be deleted. Page 3, Item 3.C., Intergovernmental Water Board ■ Commissioner Carroll said it was staff's responsibility to secure appropriate representation. Mr. Koellermeier confirmed this was managed as a staff issue. Commissioner Carroll said this item should be deleted. Page 3, Item 3.D., Intergovernmental Water Board ■ Mr. Koellermeier advised this item had been amended. ■ Commissioner Henschel said the Board should make sure it complies with state requirements. ■ Commissioner Carroll noted matters which come before the Board have different voting requirements. The number of votes required and the Board members eligible (including or excluding the at-large member) to vote can vary depending upon the issue under consideration. Board consensus was for the new agreement to identify the types of issues the Board may consider and their corresponding voting requirements. Page 3, Item 3.E., Intergovernmental Water Board ■ Based on Commissioner Henschel's comments on Page 1, Recital Item 5, Commissioner Carroll directed language be added requiring Tigard to provide an annual financial accountability report once an audit was complete. Page 4, Item 3.F.(1), Intergovernmental Water Board - Power to Grant Variances ■ Mr. Koellermeier and the Board entered into a discussion about the revisions currently being made to the credit for leak policy. Commissioner Carroll advised the Board wanted to retain the ability to hear credit for leak requests above $2,000. Other credit for leak requests will be handled by staff. The new credit for leak policy should be reflected in this item, not variances. The Board tabled further review of the intergovernmental agreement to its next meeting. 8. Informational Items ■ Term Expiration for Commissioners Buehner and Winn Commissioner Buehner reported she had been appointed through December 31, 2010, the end of her term on the Tigard City Council. Mr. Koellermeier said staff would like confirmation regarding who would be serving as King City's representative for the next two-year term on the IWB. 9. Non-Agenda Items: None 10. Future Agenda Items ■ Consider resolutions recommending Tigard declare surplus and dispose of a portion of the Canterbury property and the Water Building remnant. ■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. Commissioner Henschel commented the additional tenancy in common agreements were pertinent to the intergovernmental agreement rewrite. Commissioner Carroll Intergovernmental Water Board Minutes November 12,2008 5 asked staff to proceed with tenancy in common agreements for any non- controversial properties. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. Mr. Koellermeier reported the county has not followed-up on their request to come to an IWB meeting. ■ Review.- - eview:- Proposed Tigard Municipal Code and policy changes regarding credit-for-leak, water meters, and non-payment of water bills. - The billing insert policy. 11. Next Meeting: ■ December 10, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Executive Session — Real Property Transaction Negotiations The Board decided King City alternate to the IWB, David Newham, could attend the executive session. At 6:52 p.m. the Board went into executive session to discuss real property transaction negotiations under ORS 192.660(2)(e). The Board came out of executive session at 7:02 p.m. 13. Adjournment At 7:03 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes. �jf�Ss//� �, , lW13 Chair Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes November 12,2008 6 Agenda Item No.: 2-- IWB Meeting Date: //-/2-08 Intergovernmental Water Board (IWB) Meeting Minutes October 8, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Bill Scheiderich Member At-Large Dick Winn Representing the City of King City Members Absent: None Staff Present: Assistant Public Works Director Brian Rager Utility Division Manager John Goodrich Tigard City Engineer Gus Duenas Attorney Michelle Neumann IWB Recorder Greer Gaston Note: Agenda items are recorded in the minutes in the order they were considered. 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:30 p.m. 2. Approval of Minutes — September 10, 2008 Commissioner Buehner motioned to approve the September 10, 2008 minutes; Commissioner Russell seconded the motion. The minutes were approved by majority vote, with Commissioners Buehner, Carroll, Russell and Winn voting yes. Commissioner Sheiderich abstained. 5. Review of Street Dedications, Easement and Remnant Property Sale Related to the Burnham Street Improvements — Mr. Duenas and Ms. Neumann Ms. Neumann distributed a memo dated October 8, 2008 regarding Procedures for Transfer of Water Building Remnant Parcel from the IWB Members as Tenants-in- Common to the City of Tigard. This memo is on file in the IWB record. Ms. Neumann summarized the memo. Mr. Rager distributed a dedication deed for road or street purposes and a permanent public utility easement. These documents are on file in the IWB record. Intergovernmental Water Board Minutes October 8,2008 1 Mr. Duenas explained the Burnham Street improvement project and how the remnant parcel would be reconfigured to create driveway access for two properties. To simplify the process, Commissioner Carroll proposed selling the entire remnant to the City of Tigard and letting Tigard handle the street dedication and other issues associated with the parcel. Commissioner Winn concurred. Board consensus was a new appraisal, to incorporate the street dedication, was not necessary because the IWB had already agreed to donate this portion of the parcel to Tigard. Mr. Duenas confirmed documents would be changed to have the remnant transferred to Tigard in its entirety. The Board briefly discussed the separate street dedication and easement on the opposite side of Burnham Street as depicted in the documents provided by Mr. Rager. At the request of Commissioner Buehner, Ms. Neumann said she could prepare a deed for the remnant parcel which would be sent to each member jurisdiction prior to the next IWB meeting. Ms. Gaston confirmed the next step in disposing of the remnant parcel would involve a resolution for consideration by each member jurisdiction and then a resolution for the IWB. Timelines for member jurisdiction consideration were discussed. Commissioner Carroll confirmed there would be three transactions: a dedication deed, an easement, and a sale document. Ms. Neumann committed to: ■ Work with the various member jurisdictions to identify and coordinate their individual processes to surplus property. ■ Have revised dedication and easement documents for consideration at the IWB's next meeting. Three of the five Commissioners must approve these documents. ■ Provide an IWB resolution to consider the conveyance of the remnant parcel at the IWB's next meeting. Three of four member jurisdictions must approve the resolution. ■ Prepare resolutions for the member jurisdictions to surplus the property. ■ Provide a deed transferring the tenants-in-common interest to the City of Tigard, after Tigard completes its portion of the disposition process. In response to a request, Ms. Gaston said she would furnish the complete appraisal of the remnant parcel to Commissioner Russell. Commissioner Buehner suggested staff investigate whether there were any other similar properties to be surplused, and if so, perhaps those should be "cleaned up" as well. 3. Public Comments Marland Henderson, 11795 SW Katherine Street, Tigard, Oregon, reported the City of Tigard had applied for a grant to study the use of reclaimed water. Chances are favorable the grant will be funded. The legislature appropriated $5 million to investigate the use of reclaimed water under the authority of the Oregon Water Resource Board. Tigard consulted Clean Water Services regarding the grant application. Intergovernmental Water Board Minutes October 8,2008 2 4. Water Supply Update Mr. Goodrich reported: ■ September water consumption averaged 8.06 million gallons per day; this is slightly higher than the 10-year average. • Tigard is using interruptible water as of October 1. ■ 262 million gallons remain in aquifer storage and recovery. ■ The new reservoir will likely be online in the next few weeks. ■ Tigard supplied 120 million gallons of native ground water this year, which represents $376,000 in revenue. ■ Aquifer storage and recovery injection will begin in the next month or so. 9. Future Agenda Items ■ Street dedications, easement and remnant property purchase related to the Burnham Street Improvements. • Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. ■ Review: - Proposed Tigard Municipal Code and policy changes regarding credit for leak, water meters, and non-payment of water bills. - The billing insert policy. Mr. Goodrich advised an internal review was underway regarding the credit-for-leak, water meter, and non-payment of water bill policies. The intent of the credit-for-leak policy is to make sure Tigard's wholesale costs are recovered. He asked for clarification regarding the appeal process. The Board indicated: • It wanted to increase the dollar amount of credits handled by staff. It was suggested to increase this number from $500 to $2000. • It wanted to retain an appeal process with the IWB as the final appeal authority. Commissioner Winn inquired whether the IWB's past practice of issuing the prescribed credit and then splitting the difference of the remaining balance with the customer would be included in the policy. Board consensus was no additional credits would be issued outside those specified in the policy and Tigard must always recoup the wholesale cost of water. 7. Non-Agenda Items: Commissioner Russell inquired how a water conservation brochure was distributed. Mr. Goodrich responded the brochures were not mailed. He said information on water conservation offerings was provided to: ■ Customers in their water bills. ■ Every Tigard Water Service Area residence in the annual Water Quality Report. He reported everyone in the Tigard Water Service Area receives the same information. Intergovernmental Water Board Minutes October 8, 2008 3 6. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs) between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard - Continued - Commissioner Carroll Commissioner Buehner explained the City of Tigard's discussion of this item was delayed due to scheduling conflicts. She said Tigard's comments on the IGAs would be ready for the next IWB meeting. 8. Informational Items: None 10. Next Meeting: November 12, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment At 6:32 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Russell seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes October 8, 2008 4 Agenda Item No.: IWB Meeting Date: �Y RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW HALL BLVD. TIGARD,OR 97223 h'. DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording information Ti arg d Water District as to an undivided 22%interest,City of Tigand as to an undivided 70%interest, City of Durham as to an undivided 2.5%interest,and City of Kina City as to an undivided 5.5%interest,all as tenants in common do hereby dedicate to the public a perpetual right-of-way for street,road,and utility purposes on,over,across, under,along, and within the following described real property in Washington County,Oregon: Parcel I,as shown in attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantor hereby covenants that it is the owner in fee simple and the property is free of all liens and encumbrances, it has good and legal right to grant their right above-described, and it will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is S 0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WI'T'NESS WHEREOF,we hereunto set our hands on this day of .2008. Tigard Water District, Name Signature P.O.Box 230281 Address Title Portland OR 97281-0281 Tax Statement Mailing Address Wdtperentfrom above) STATE OF OREGON ) ss. County of Washington ) This instrument was acknowledged before me on (date) by name of person as (type of authority,e.g.,officer,trustee,etc.)of the Tigard Water District. Notary's Signature My Commission Expires: Dedication Deed Page l of City of Timud Name Signature 13125 SW Hall Blvd. Address Title OR 97223 , Tax Statement Mailing Address Cfdff'erwtfmma&w) STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (date) by name of person as (type of authority,e.g.,officer,trustee,etc.)of the City of Tigard Notary's Signature My Commission Expires: City of Durham Name Signature 1716.SW Upper Drive Address Title Durham.QR 97 24 Tax Statement Mailing Address cfdffieremefmm above) — STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (date) by _name of person as (type of authority,e.g.,officer,trustee,etc.)of the City of Durham. Notary's Signature My Commission Expires: Dedication Deed 2 of 5 City of King City Name Signature 15300 SW,116'h Avenue Address Title King City,OR 27224 Tax Statement Mailing Address(ifdlfferenr from above) STA'rE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (date) by name of person as _ (type of authority,e.g.,officer,trustee,etc.)of the City of King City. Notary's Signature My Commission Expires: Accepted on behalf of the City of Tigard this day of 20 City Engineer Dedication Deed 3 of 5 Exhibit"A" EXHIBIT A-Page 1 of 1 Bumham Street Reconstruction Project PARCEL 1 - Street Dedication A parcel of land lying in the NE% of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel l in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property Included in a strip of land variable in width, lying on the northeasterly(left) side of the center line of relocated Burnham Street,which center line is described as foilows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2, Township 2 South, Range 1 West,W.M.; thence South 43016'11" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left,through a central angle of 6205627", a distance of 302.09 feet (chord bears South 741,44'24" East, a distance of 287.13 feet); thence North 73°4722" East, a distance of 76.44 feet to Engineer's center line Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone. The northeasterly line of said strip is more particularly described as follows: Beginning at a point which is 37.50 feet left of relocated Burnham Street Engineer's center line Station 13+00.00; thence South 43°16'11" East, a distance of 549.28 feet; thence along the aro of a 237.50 foot radius curve left, through a central angle of 591118'16", a distance of 245.69 feet chord bears South 72°54'19° East, a distance of 234.88 feet); thence along the arr.of a 27.50 foot radius curve left, through a central angle of 75°32'57", a distance of 36.26 feet (chord bears North 3941'05" East, a distance of 33.69 feet); thence North 47°20'24" East, a distance of 14.59 feet to a point which is 63.38 feet left of relocated Burnham Street Engineer's center line Station 21+77.13; EXCEPT that portion of said strip Included In that property described in that Warranty Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document No. 92-45576 of Washington County Book of Records. This parcel contains 3,700 square feet,more or less, outside of the existing right of way. Dedication Deed 4 of 5 Maw FILE N0. 11 A TAX LOT 2S-1-02AD-03450 37.50 I \ ot c = SCALE: 1"=50' D z (^i VI I m PARCEL 1 STREET DEDICATION AREA = 3,700 S.F. t - PARCEL 2 PUBLIC UTILITY EASEMENT AREA = 62 S.F. + STATION: 18+49.28 ENGINEER'S CENTERLINE I ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: MARCH 10, 2008 SHEET 1 OF 1 1 STA: 21+77.13 OFFSET: 63.38 L 5 of 5 Dedication Deed. Age nda Item No.: t� IWI; i•'ieeting Date: 11-12-06 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd, Tigard,OR 97223 EASEMENT PUBLIC UTILITY—PERMANENT Space above reserved for Washington County Recording Information Tigard Water District as to an undivided 22% interest,City of Tigard as to an undivided 70% interest, City of Durham as to an undivided 2.5% interest, and City of KingCity as to an undivided 5.5% interest, all as tenants in common, hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual casement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove, as necessary,vegetation,foliage,trees,and other obstructions on the parcel of land described in Exhibit "A",situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors,their successors,and assigns in the case of such event. t. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors,and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this day of 72008. Tigard_Water District Signature P.O.Box 2300281 i . at. Portland OR 97281-0281 Title STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (date) by name of person a _. (type of authority,e.g.,officer,trustee,etc)of Tigard Water District, Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT t" Easement-Public Utility-Permanent l of 5 City.of Tigard Signature 13125 S W Hall Blvd Tigad OR 97223 Title STATE OF OREGON) )ss. County of Washington ) _ 1.` This instrument was acknowledged before me on (date) by name of person as (type of authority,e.g.,officer,trustee,etc)of City of Tigard. Notary's Signature My Commission Expires: City of Durham Signature 17160�W Upper Boones Ferry road Durham.OR 97224 Title STATE OF OREGON) County of Washington ) is This instrument was acknowledged before me on (date) by name otperson as (type of authority,e.g.,officer,trustee,etc)of City of Durham. Notary's Signature My Commission Expires: Easement-Public Utility-Permanent 2 Of 5 City o£King City Signature 15300 SW 116' Ayenae Kigg City,OR 97224 Title STATE OF OREGON) )ss. County of Washington ) This instrument was acknowledged before me on (date) by name of person as ,f (type of authority,e.g.,officer,trustee,etc)of City of King City. Notary's Signature My Commission Expires: Accepted on behalf of the City of Tigard this day of .20 City Engineer Easement-Public Utility-Permanent 3 of 5 EXHIBIT"A" EXHIBIT A Page I of 2 Bumham Street Reconstruction Project PARCEL 1 - Street Dedication A parcel of land lying in the NE'/a of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel I in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County gook of Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the northeasterly (left)side of the center line of relocated Burnham Street, which center fine is described as follows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2, Township 2 South, Range 1 West, W.M.; thence South 4301611" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central angle of 62056'27", a distance of 302.09 feet(chord bears South 74044'24° East, a distance of 287.13 feet); thence North 73°4722" East, a distance of 76.44 feet to Engineer's center line Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone. The northeasterly line of said strip is more particularly described as follows: Beginning at a point which is 37.50 feet left of relocated Burnham Street Engineer's center line Station 13+00.00; thence South 4301611" East, a distance of 549.28 feet; thence along the arc of a 237.50 foot radius curve left, through a central angle of 59016'16", a distance of 245.69 feet(chord bears South 72054'19" East, a distance of 234.88 feet); thence along the arc of a 27.50 foot radius curve left, through a central angle of 75132'5T', a distance of 36.26 feet (chord bears North 3941'05" East, a distance of 33.69 feet); thence North 47120'24" East, a distance of 14.59 feet to a point which is 63,38 feet left of relocated Burnham Street Engineer's center line Station 21+77.13; EXCEPT that portion of said strip included in that property described in that Warranty Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document No. 92-45576 of Washington County Book of Records. This parcel contains 3,700 square feet, more or less, outside of the existing right of way. Easement-Public Utility-Pennanent 4 of S EXHIBIT"A" EXHIBIT A-Page 2 of 2 Burnham Street Reconstruction Project PARCEL 2 - Public Utility Easement A parcel of land.lying in the NE'/ of Section 2, Township 2 South, Range 1 West,W.M., Washington County, Oregon, and being a portlon of that property described in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land lying on the northeasterly (left) side of the center line of relocated Burnham Street,which center line is described in Parcel 1 above. The width in feet of said strip of land is as follows: Station to _ Station Width on Northeasterly Side of Center Line 20+76.26 20+88.35 47.50 in a straight line to 47.50 This parcel contains 82 square feet, more or less. J Easement-Public utility-Permanent 5 of 5 Exhibit A — Map FILE N0. 11 A TAX LOT 2S-1-02A0-03450 37.50 C � Z S SCALE: 1"=60' q D --� r fT1 m ® PARCEL 1 STREET DEDICATION AREA = 3,700 S.F. t - PARCEL.2 PUBLIC UTILITY EASEMENT AREA w 82 S.F. t STATION: 18+49.28 ENGINEER'S CENTERLINE ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD; OREGON DATE. MARCH 10, 2008 SHEET 1 OF 1 STA: 21+77.13 OFFSET: 63.38 L T ��Submitted at the IWB Meeting By: s /eDe &-/IXt,e/' Date: Agenda Item No.: ' MEMORANDUM TO: Intergovernmental Water Board Members FROM: City of Tigard City Attorney DATE: October 30, 2008 RE: Procedures for Conveyance of Water Building Remnant Parcel and Canterbury Surplus Property from IWB Members as Tenants-in-Common to the City of Tigard; List of Required Documents File No. 50014-36792 General instructions for the transfer are as follows: I. On November 12,2008,the Intergovernmental Water Board ("IWB") votes, pursuant to Section 21 of the Water Building Tenancy in Common Agreement("Water Building TIC"), on a street dedication and a public utility easement encumbering the Water Building Property: "All determinations to be made by the Owners under the terms of this Agreement, other than sale of the Property, shall be by majority vote of the five (5) members of the IWB. Unless specifically provided otherwise, an affirmative vote of three or more of the IWB members shall be required for any action to be taken, any determinations to be made, or any authorizations to be given by the Owners under the terms of this Agreement". If there is a vote of approval, one (1) original of each of the recorded documents should be executed by each IWB representative. The signatures must be notarized. The City of Tigard staff will process the recording. Date Action 10/31/08 Packet Date—IWB 11/12/08 Vote on documents—IWB II. In advance of the December 10,2008 IWB meeting, each member jurisdiction (Durham, King City, the Tigard Water District and the City of Tigard)must meet to recommend that their respective representatives to the IWB undertake certain actions. Specifically, each member jurisdiction should consider Resolutions as follows: 1. Each of the City of Durham, King City and the Tigard Water District: (1)considers a resolution authorizing: 1 50014-36792.003149233 3.dOC10ED/10/30/1008 (A)the sale of its tenant-in-common interest in the remnant parcel (the "Remnant Parcel") of the Water Building property, including the form of deed (with the deed being executed by the City Manager or Chairman, as applicable, following final bid selection); and (B)the City of Tigard to dispose of the entire Remnant Parcel as surplus property according to the City of Tigard's municipal code; and (C) its IWB representative to vote to recommend to the Tigard City Council that the City of Tigard dispose of the entire Remnant Parcel as surplus property; and (2)considers a resolution authorizing: (A)the sale of its tenant-in-common interest in the surplus portion of the Canterbury Property (the "Canterbury Surplus Property"), including the form of deed (with the deed being executed by the City Manager or Chairman, as applicable, following final bid selection); and (B)City of Tigard to dispose of the entire Canterbury Surplus Property as surplus property according to the City of Tigard's municipal code; and (C) its IWB representative to vote to recommend to the Tigard City Council that the City of Tigard dispose of the entire Canterbury Surplus Property as surplus property. The schedule for the respective meetings at which the Resolutions shall be considered is as follows: Date Action 10/31/08 Packet Date—Tigard Water District 11/03/08 Packet Date—City of Durham 11/03/08 Packet Date—King City 11/10/08 Approve Resolutions—Tigard Water District 11/18/08 Approve Resolutions—City of Durham City Council 11/19/08 Approve Resolutions—King City Council 2. The City of Tigard: (1)considers a resolution: (A) declaring the Remnant Parcel surplus and authorizing the sale of the entire Remnant Parcel (including its tenant-in-common interest); and (B) authorizing its IWB representative to vote for the IWB to recommend to the Tigard City Council that the City of Tigard dispose of the entire 2 50014-36791.003 149233 3.dOOCED/10/30.12008 Remnant Parcel as surplus property according to the City of Tigard's municipal code; and (C)authorizing City of Tigard staff to schedule a public hearing and issue the required public notice for the sale of the Remnant Parcel according to the City of Tigard's municipal code, contingent upon an affirmative vote at the December 10,2008 IWB meeting; and (2)considers a resolution: (A)declaring the Canterbury Surplus Property surplus and authorizing the sale of the entire Canterbury Surplus Property (including its tenant-in- common-interest); and (B)authorizing its IWB representative to vote to recommend to the Tigard City Council that the City of Tigard dispose of the entire Canterbury Surplus Property as surplus property according to the City of Tigard's municipal code; and (C) authorizing City of Tigard staff to schedule a public hearing and issue the required public notice for the sale of the Canterbury Surplus Property according to the City of Tigard's municipal code, contingent upon an affirmative vote at the December 10,2008 IWB meeting. The schedule for the City of Tigard meeting at which the above Resolutions shall be considered is as follows: Date Action 11/7/08 Packet Date—City of Tigard 11/25/08 Approve Resolutions—City of Tigard City Council III. On December 10,2008, the IWB meets to consider and vote on the sale of the properties. Specifically, the IWB will consider: (1) a resolution recommending to the Tigard City Council that it declare the Remnant Parcel surplus and dispose of the Remnant Parcel as surplus property according to the City of Tigard's municipal code; and (2) a resolution addressing those other properties which are suitable for surplus disposition and recommending to the Tigard City Council that it declare the Canterbury Surplus Property surplus and dispose of the Canterbury Surplus Property as surplus property according to the City of Tigard's municipal code. If there is a vote of approval, one (1)original of each of the Tenancy in Common Memoranda (one for the Water Building TIC, and one for the Canterbury TIC) should be executed by each IWB representative. The City of Tigard staff will handle distribution of copies of the executed 3 50014-36792.003 149233 3.dac CED,110/30.?008 documents. Copies of the Tenancy in Common Memoranda will be given to the City of Tigard as notice of its right of first refusal on each of the properties. The schedule for the IWB meeting at which the above Resolutions shall be considered is as follows: Date Action 11/14/08 Packet Date—I WB 12/10/08 Approve Resolutions—IWB IV. If there is an affirmative vote at the December 10,20081 WB meeting, the City of Tigard shall proceed accordingly to sell the surplus properties according to the City of Tigard's municipal code. Required documents to be prepared by Tigard City Attorney: 1. Street dedication deed and public utility easement. 2. Resolutions for Durham, King City and the Tigard Water District for(i) the Remnant Parcel and (ii) the Canterbury Surplus Property. 3. Resolutions for the City of Tigard to declare surplus property for(i) the Remnant Parcel,and (ii)the Canterbury Surplus Property. 4. IWB resolutions for(i)the Remnant Parcel and (ii) the Canterbury Surplus Property. 5. Tenancy in Common Memoranda for(i)the Remnant Parcel and (ii) the Canterbury Surplus Property. 6. Resolutions for the City of Tigard authorizing sale of(i)the Remnant Parcel and (ii)the Canterbury Surplus Property. 7. Resolutions for the City of Tigard authorizing purchase of(i) the Remnant Parcel and (ii)the Canterbury Surplus Property. 8. Affirmative notices from City of Tigard to IWB regarding intention to exercise rights of first refusal (as required by the TIC Agreements). 9. Deed conveying the Remnant Parcel interests to the City of Tigard. 10. Deed conveying the Canterbury Surplus Property interests to the City of Tigard. 4 30014-36791.003 149213_3.d"CED/10130.12008 October 28,2008 Agenda Item No.: IWB Meeting Date: -0B City of Tigard Proposed Concepts For an IGA with Durham, King City and the Tigard Water District Regarding the Delivery of Water Service ■ Tigard currently has separate agreements with Durham, King City and the Tigard Water District, and proposes these three agreements be combined into one new agreement between Tigard and Durham, King City and the Tigard Water District. ■ The existing agreements expire on December 31, 2018. Tigard is willing to set the term of the new agreement as perpetual, if all other conditions of the new agreement are acceptable. ■ The exit terms of the existing agreements establish a formula for determining proportionate interests in system assets should Durham, King City or the Tigard Water decide to terminate the agreement.Tigard proposes some of the language be clarified, but would not support any major policy changes to the existing language. ■ Tigard proposes the new Comprehensive Plan principles be imbedded into the new agreement: - Cities are best equipped to provide governance and urban level services. Tigard opposes the provision of such services that enable urban level development outside cities. - Clear up service boundaries with Tualatin Valley Water District. aQ��-r N A L INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF TIGARD AND DURHAM FOR DELIVERY OF WATER SERVICE TO DURHAM This Agreement is made and entered into by the cities of Tigard, an Oregon municipal corporation, (hereinafter "Tigard") and Durham, an Oregon municipal corporation, (hereinafter "Durham") . Tigard and Durham are jointly referred to herein as "the . Parties. " Unless identified as "original, " "District" refers to the remnant Tigard Water District. RECITALS• 1. The cities of Tigard, King City and Durham (collectively the "Cities") withdrew from the original District effective July 1, 1993 . 2 . Pursuant to ORS 222 .540, the District is obligated to turn over to the Cities its water mains, service installations, structures, facilities, improvements and other property in the area withdrawn from the District as it existed on June 30, 1993, (original District) that are not necessary for the operation of the remainder of the water supply system of the District. 3 . The area withdrawn by Tigard was a major portion of the original District. Because of this, Tigard is entitled to a major portion of the original District' s infrastructure pursuant to ORS 222. 540. King City and Durham are entitled to smaller portions of the original District' s infrastructure. Furthermore pursuant to ORS 222 . 550, should the District dissolve, Tigard will be in a position to obtain all of the District' s remaining assets which have not been distributed under ORS 222.540. 4. With the assets and infrastructure obtained by its withdrawal from the original District, Tigard is creating a city water department. 5. The Cities and District agree that it is in their best interest if King City, Durham and the District were to be an integrated part of a water supply network receiving water service from Tigard's city water department. Tigard will receive revenue from water users in Tigard, King City, Durham, and the District, and with that revenue Tigard will provide the funds to pay for expenses incurred in providing water service. 6. The Cities and District agree that it is in their best interest to share authority for decision-making regarding the long- term water supply and capital improvement planning to serve present and future water customers of the original District. 7 . The Parties shall continue to prepare independent tax INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 1 (12/23/93 - FINAL) coordination plans. 8. The Parties acknowledge that they have authority to enter into this Intergovernmental Agreement pursuant to the powers of their respective municipal charters and pursuant to ORS 190. 010. NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: 1. Mission Statement. The Cities withdrew from the original District with intent to take a more active role in planning and operating a domestic water supply system for the Southeast Washington County area in order to provide the residents of that area with the highest quality water service at the lowest possible cost. In keeping with that intention, the Parties to this Intergovernmental Agreement commit to working together to provide all of the residents and undeveloped property in the original District with a clean, economical water supply . The Parties further commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future long term water supply needs of the area. 2 . Term. This Agreement will be in full force and effect until December 31, 2018, unless sooner terminated by one or both of the Parties. Either party may terminate this Agreement by providing written notice to the other party a minimum of five years prior to the effective date of termination. Tigard recognizes that by this Agreement, it is assuming the responsibility to provide water to the inhabitants of Durham for the duration of this Agreement unless a reasonable alternative domestic water supply is available to Durham and the Agreement is terminated . 3 . Intergovernmental Water Board. A. Tigard will establish an Intergovernmental Water Board (IWB) . The Intergovernmental Water Board will consist of five members. Members of the Board will be appointed by the respective governing bodies as follows: Tigard - One Member King City - One Member Durham - One Member District/Unincorporated Area - One Member At Large - One Member selected by a majority vote of the Other Members B. Intergovernmental Water Board Terms. INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 2 (12/23/93 - FINAL) (1) Initially, three Board members shall be appointed for a term of three years (from January 1, 1994 to December 31, 1996) and two Board members shall be appointed for a term of two years (from January 1, 1994 to December 31, 1995) . There shall be a drawing of lots to determine which Board members will serve two years and which will serve three years. Thereafter, Board members shall have two year terms. (2) Board members shall be appointed in December for the following two year term. Each term will begin on January 1. Each term will end on December 31 and each Board member shall serve until a successor has been appointed. Members may be re-appointed to succeeding terms. Vacancies may be filled in the same manner as a regular appointment. (3) Board members shall be an elected official serving on the respective governing body except for that member selected by a majority vote of the other members . Each respective governing body may appoint an alternate to attend meetings in the place of a regularly appointed Board member. The alternate shall be appointed in the same manner and must meet the same qualifications as the regularly appointed Board member. C. Tigard may appoint city officials as ex officio members of the Intergovernmental Water Board to assist the Board in its duties. They shall serve at the pleasure of the Tigard City Council and shall have no voting privileges. D. A quorum of the Board shall be three (3) members. All actions of the Board shall require at least three (3) votes-<— inelu *[ , excluding] abstentions. E. The Intergovernmental Water Board will make recommendations to the Tigard City Council on water service issues and will have the following responsibilities (1) to make a continuing study of the rate structure of the water system. (2) to consider and prepare plans for and make recommendations to the Council for a long-range operation and management program. (3) to investigate and study means of effecting economies in operation and management. (4) to review and make recommendations to the Budget INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 3 (12/23/93 - FINAL) Committee and Council on all budget requests for operation and maintenance. (5) to study and consider ways and means of improving the water system and services which it provides. (6) to study and make recommendations on Tigard's program for providing insurance for system assets and operations. (7) to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations. (8) to work with other agencies and jurisdictions in a cooperative effort to plan for the future water supply needs of the area. (9) to make recommendations to the Council relative to all of the above-mentioned matters and as to any other matters which the Intergovernmental Water Board may feel to be for the good of the water system, the overall public interest and for the benefit of the consumer. F. Power to Grant Variances (1) Except when prohibited by subsection 2 of this section, upon application, the Intergovernmental Water Board may grant variances from the water system rules and regulations enacted by the City of Tigard when it finds that: a) strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; b) the variance requested has no material adverse effect upon the water system and it is consistent with established policies of the Tigard City Council. (2) The Intergovernmental Water Board may not grant variances relating to annexation of property, fire protection requirements, cross-connection requirements, fees, rates and charges. 4 . Division of Original District Assets. A. Pursuant to ORS 222 .540 (4) , the District agrees that the division of assets after withdrawal from the original District by the Cities shall be consistent with the following concepts: (1) Assets include real, personal and intangible property. "Intangible property" includes but is not limited to: moneys, INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 4 (12/23/93 - FINAL) City of Tigard 13129 SW Hall Blvd Tigard, OR 97223 i Phone. 503-639-4171 TIGARD FAX TRANSMITTAL Date November 5, 2008 Number of pages including cover sheet 3 To:: O The City of King City (Fax No. 503-639-3771) jd The City of Durham (Fax No. 503-598-8595) From: Greer Gaston Co: City of Tigard Fax#: 503.684.8840 Ph#: 503.718.2595 SUBJECT: Intergovernmental Water Board Meeting Agenda MESSAGE: Please post the attached agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. 11ENGWAX.DOT Intergovernmental Water Board — Agenda •�F!`mtgAa+- "^ Y•s:v: .ibY:.a lii+Jdc:1!,1:::i:.S` :YY_`3iC'-.4E.°.F3'3"^^Yi.-s:L'Sti'>.'Sa7:a'�_C.;.a.,4.a SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, November 12, 2008, 5:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to conduct roll call. 2. Approval of Minutes — October 8, 2008 Action: Motion to approve the October 8, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Water Supply Update - Mr. Goodrich 5. Consider a Street Dedication Deed for a Strip of Land Along the Water Building Property (Tigard Public Works Building) to Be Dedicated to the Public as Right-of-Way for the City of Tigard's Burnham Street Improvements —Mr. Koellermeier Action: Motion to dedicate a strip of land along the Water Building Property as public as right-of- way for the City of Tigard's Burnham Street improvements. 6. Consider a Public Utility Easement for an 82 Square-Foot Parcel on the Water Building Property (Tigard Public Works Building) for the City of Tigard's Burnham Street Improvements —Mr. Koellermeier Action: Motion to grant a public utility easement for an 82 Square-Foot Parcel on the Water Building Property for the City of Tigard's Burnham Street Improvements. 7. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard - Continued - Commissioner Carroll Action: No action required. 8. Informational Items ■ Term Expiration for Commissioners Buehner and Winn 9. Non-Agenda Items Call for non-agenda items from the Board. INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 12, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 1 oft 10. Future Agenda Items ■ Consider a resolutions recommending Tigard declare surplus and dispose of a portion of the Canterbury property and the Water Building remnant. ■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. ■ Review: - Proposed Tigard Municipal Code and policy changes regarding credit-for-leak, water meters, and non-payment of water bills. - The billing insert policy. 11. Next Meeting: ■ December 10, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Executive Session The Intergovernmental Water Board will go into Executive Session to discuss real property transaction negotiations under ORS 192.660 (2)(e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. Adjournment Action: Motion for adjournment INTERGOVERNMENTAL WATER BOARD AGENDA-NOVEMBER 12, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2 Washington County,Oregon 2008_096358 12/03/2008 09:47:29 AM D-DD Cnta1 8tna2g RECORD81 $25.00$5.00$11,00-Total a$41.00 111111111111111111111111111111111111111111111111 RETURN RECORDED DOCUMIENT TO: 01310559200800963580050053 CITY HALL RECORDS DEPARTMENT, I,Richard Hobemlcht,Director of Assessment and a. CITY OF TIGARD Taxation and Ex-Officio County Clerk for Washington r County,Oregon,do hereby certify that the within 13125 SW HALL BLVD. Instrument of writing was received and n ord In the TIGARD,OR 97223 book of records of sold coupty.. Richard Hobemlcht,Director of Assessment and Taxation,Ex-OMclo County Clerk DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording information Ti d.Water District as to an undivided 22%interest.City of Tigard as to an undivided 70%interest.City of Durham as to an undivided 2.5%interest.and City of King City as to an undivided 5.5%interest,all as tenants in common do hereby dedicate to the public a perpetual right-of-way for street,road,and utility purposes on,over,across,under,along,and within the following described real property in Washington County,Oregon: Parcel I,as shown in attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantor hereby covenants that it is the owner in fee simple and the property is free of all liens and encumbrances, it has good and legal right to grant their right above-described, and it will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is S Q.OQ. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. j / // -- IN WITNESS WHEREOF,we hereunto set our hands on this /o? day of /Vhdlo M 14-- 2008. Timd Water.District. kL Name S1 ature P.O.Box 230281 Address Title Portland.OR 97281-02§1 Tax Statement Mailing Address(if* erentfirom above) STATE OF OREGON ) )ss. County of Washington ) / This instrument was acknowledged before me on Ale e,, rn e /oZ o2 d t9l (date) by ke-li 1 Vit? l Se-AC—/ name of person as 2e— Cha/'C i5 77 (type of authority,e.g.,officer,trustee,.etc.)of the Tigard W aterr I)s 'ct. OFFICIeS �'��'� 'o` /-e GREER AN Notary's Signature NOTARY PUBGON My Commission Expires:COMMISSIO1265 MY COMMISSION EXPIRES OCT.10,2011 Dedicat!on Page I of 5 Citi of Tigard Namegnahu+�, �,�n� r 13125§W Hall Blvd. _ �� Address Title Tigard.OR 97223 . Tax Statement Mailing Address Cifdi�erenif omabave) STATE OF OREGON ) )ss. County of Washington ) This' ent was acknowledged before me on ��o��e�Y1 �� �� (date) by �f 2e E 23LL6(2/U.I' name of person as / r- (type of authority,e,g,officer,trustee,etc.)dthe City of Tigard 7Z 7Z *NOTAOFFICIAL SEAL Notary s Signature GREEK A GASTON RY PUBLIC-OREGION My Commission Expires: COMMISSION N0.421265 MY COMMISSION EXPIRES OCT.10,2011 City of Durham Name Signature 171tiQ�SW Upner_Drive Li COZG/7 L'i�D I' Address Title Durham.OR 97 Tax Statement Mailing Address(ild�emWfimm aboNe) — STATE OF OREGON ) )ss. County of Washington ) ,r This ins"ent was acknowledged before me on 000 by Pk j GSL L flo/l _name of person as TCS T-1,7 2 ZIE -7( 74 Z (type of authority,e.g.,officer,trus ,etc.)of ifie City of Dur *NOTAOFFICIAL e GREER A taIAST�ON Notary's Signature RY PUBLIC-OREt30N My Commission Expires: ��-/D -// COMMISSION N0.421265 Dedication Deed MY COMMISSION EXPIRES OCT.10,2011 2 of 5 City of King Ci y Name Signature �r 15300 S W 116'h Avenue Addressa Title KW>~(;i�.OR 27224 Tax Statement Mailing Address(jdaemi from above STATE OF OREGON ) )ss. County of Washington ) ,, / This inshwnent was acknowledged before me on /VO 141-0-1141-0-1 lat-t" /a 02 C'6 (date) by h In Llai r1/1 name of person as ' i 75 (type of authority,e.g.,officer,trustee,etc.)of the City of King City. Notary's Signature OFFICIAL SEAL. OREERA pASTON My Commission Expires: 1.6-11.6 -11 '• • -'' NOTARY PUBLIC-OREGON COMMISSION NO.421265 MY COMMISSION EXPIRES OCT.10,2011 Accepted on behalf of the City of Tigard this `� day of 20�?�_. CttyEngi eer Dedication Deed 3 of 5 Exhibit"A" EXHIBIT A-Page 1 of 1 Burnham Street Reconstruction Project PARCEL 1 - Street Dedication A parcel of land lying in the NE% of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel I in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property Included in a strip of land variable in width, lying on the northeasterly (left) side of the center line of relocated Burnham Street, which center line is described as follows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2, Township 2 South, Range 1 West,W.M.; thence South 4316'11" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central angle of 6205627", a distance of 302.09 feet(chord bears South 74044'24" East, a distance of 287.13 feet); thence North 7347'22" East, a distance of 76.44 feet to Engineer's center line Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone. The northeasterly line of said strip is more particularly described as follows: Beginning at a point which is 37.50 feet left of relocated Burnham Street Engineer's center line Station 13+00.00; thence South 43016'11" East, a distance of 549.28 feet; thence along the arc of a 237.50 That radius curve left, through a central angle of 59'016'16", a distance of 245.69 Beet(chord bears South 72°54'19° East, a distance of 234.88 feet); thence along the are of a 27.50 foot radius curve left, through a central angle of 75032'57", a distance of 36.26 feet(chord bears North 3941'05" East, a distance of 33.69 feet); thence North 47020'24" East, a distance of 14.59 feet to a point which is 63.38 feet left of relocated Burnham Street Engineer's center line Station 21+77.13; EXCEPT that portion of said strip included in that property described in that Warranty Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document No. 92-45576 of Washington County Book of Records. This parcel contains 3,700 square feet,more or less, outside of the existing right of way. Dedication Deed 4 of 5 ►l i 61� A - M oL { FILE NO. 11 A 1 TAX LOT 2S-1-02AD-03450 37.50 1 aao z z SCALE: 1"=60' m ; PARCEL 1 STREET DEDICATION AREA = 3,700 S.F. t PARCEL 2 PUBLIC UTILITY EASEMENT AREA = 82 S.F. f STATION: 18+49.28 ENGINEER'S CENTERLINE ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: MARCH 10, 2008 SHEET 1 OF 1 STA: 21+77.13 OFFSET: 63.38 L 5 of 5 Dedication Deed Washington County,Oregon 2008_096357 12/03/2008 09:47:29 AM 0-E Cnt■1 Wm29 RECORD81 $30.00$5.00$11.00-Total■$46.00 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 01310553200800963570060068 13125 SW Hadi Blvd. I,Richard Hobemlcht,Director of Assessment and Tigard,OR 97223 Taxation and Ex-Officlo County Clerk for Washington County,Oregon,do hereby certify that the within Instrument of writing was received and re orded In the book of records of said eoupgt.. j Richard Hobsmleht,Director of Assessment and Taxation,Ex-0fflclo County Clerk EASEMENT PUBLIC UTILITY—PERMANENT Space above reserved for W&9hington County Recording Information Tigard Water District as to an undivided 22%inte=City of Tiga_Ed as to an undiviM 70% interest.City of Durham as to an undivided 2.5% interest and City of King City as to an undivided 5.5% interest. all as tenants in common. hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and appurtenances,together with the right to remove, as necessary,vegetation,foliage,trees,and other obstructions on the parcel of land described in Exhibit"A",situated in the City of Tigard, Washington County,State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover, provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors,their successors,and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee,its successors,and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand on this �a , day of. .2008. Tiggrd Water Districts Signature P.Q.&12390281 11 a!/ — vim. a� o� C�'D.r..�J. PgWWd,OR.97281-0281 Title U STATE OF OREGON) )ss. County of Washington ) This instrument wap acknowled ed before me on /YO V2 M(!U — ��'T _(date) by Ker7 tfe'Kae kff name ofperson,ti Y& ltCtir,DelS�)1 (type of authority,e.g.,officer,trustee,etc)of Tigard Water District. OFFICIAL SEAL GREER A GASTON Notary's Signature NOTARY PUSUC-OREGON My Commission Expires: COMMISSION NO.421265 MY COMMISSION EXPIRES OCT.10,2011 NO CHANGE IN TAX STATEMENT Easement-Public Utility-Permanent l of 5 City ofTig�rd 2(U Signature 13125 SW Hall 131vd Tieard.OR 97223 z"tom L Dun e-1zD/ Title STATE OF OREGON) )ss. County of Washington ) / /f This instrument was acknowledged before me on r'G 6� lu CLLf o[-- �( �Q (date) by name of person as - / (type of authority,e.g.,officer,trustee,etc)of City of Tigard OFFICIAL SEAL I GREERA GASTON Notary's Signature NOTARY PUBLIC-OREGON My Commission Expires: 116 -U-11 COMMISSION NO.421266 MY COMMISSION EXPIRES OCT.10,2011 City of Durham a"u�iu�k� 4o`tVu. 1 Signature 17160 SW Ugper Boones Feay Road Durham.OR 97224 Title �— STATE OF OREGON) )ss. County of Washington ) This instrumentwas acknowledged before me on (date) by eilfi i� ILA If-101f name of person as11L. at<<1Gr B K (type of authority,e.g.,officer,trustee,etc)of City of Durham. OFFICIAL SEAL yvsj 7� GREERA GASTON Notary's ignature *,NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO.421265 MY COMMISSION EXPIRES OCT.10,2011 Easement-Public Utility-Permanent 2 of 5 City of Kine City Signature 11300 SW 116"'UgUgg Killg City,OR 97224 Title v STATE OF OREGON) )ss. County of Washington ) This instrument was acknowledged before me on /1101"e N&4- /02 D (date) by Ri�,��ltiLGL /� //J�'I name of person as .' (type of authority,e.g.,officer,trustee,etc)of City of King City. 7 ; OFFICIAL SEAL Notary's ignature GREER A GASTON My Commission expires: (*,NOTARY PUBLIC-OREGON T COMMISSION NO.421265 MY COMMISSION EXPIRES OCT.10,2011 Accepted on behalf of the City of Tigard this _day of CityEnjineer Easement-Public Utility-Permanent 3 of 5 EXHIBIT"A" EXHIBIT A Page l of 2 Bumharn Street Reconstruction Project PARCEL 1 - Street Dedication A parcel of land lying in the NE% of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel I in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the northeasterly(left)side of the center line of relocated Burnham Street, which center line is described as follows- Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2, Township 2 South, Range 1 West, W.M.; thence South 431611" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left,through a central angle of 62°58'27 a distance of 302.09 feet(chord bears South 74044'24" feast, a distance of 287.13 feet); thence North 73°47'22" East, a distance of 76.44 feet to Engineer's center line Station 22-1•27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone. The northeasterly line of said strip is more particularly described as follows; Beginning at a point which is 37.50 feet left of relocated Burnham Street Engineer's center line Station 13+00.00; thence South 4316'11" East, a distance of 549.28 feet; thence along the arc of a 237.50 foot radius curve left, through a central angle of 59016'16", a distance of 245.69 feet (chard bears South 72054'19" East, a distance of 234.88 feet); thence along the arc of a 27.50 foot radius curve left, through a central angle of 751132'5T', a distance of 36.26 feet (chord bears North 39°41'05" East, a distance of 33.69 feet); thence North 47°20'24" East, a distance of 14.59 feet to a point which Is 63.38 feet left of relocated Burnham Street Engineer's center line Station 21+77.13; EXCEPT that portion of said strip included in that property described in that Warranty Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document No. 92-45576 of Washington County Book of Retards. This parcel contains 3,700 square feet, more or less, outside of the existing right of way. E=asement-Public Utility-Penuanent 4 of 5 EXHIBIT"A" EXHIBIT A-Page 2 of 2 Burnham Street Reconstrucgon Project PARCEL 2 - Public Utility Easement A parcel of land.lying in the NE% of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land lying on the northeasterly (left) side of the center line of relocated Burnham Street, which center line is described in Parcel 1 above. The width in feet of said strip of land is as follows: Station to Station Width on Northedsterly Side of Center Line 20+76.26 20+88.35 47.50 in a straight line to 47.50 This parcel contains 82 square feet, more or less. J Easement-Public Utility-Permanent 5 of 5 Exhibit A — Map FILE NO. 11 A TAX LOT 2S-1-02AD-03450 37.50 W \ �7 D SCALE: 1'=60' K Frl ® PARCEL 1 STREET DEDICATION AREA = 3,700 S.F. t - PARCEL.2 PUBLIC UTILITY EASEMENT AREA = 82 S.F. STATION: 18+49.28 ENGINEER'S CENTERLINE ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: MARCH 10, 2008 SHEET 1 OF 1 1 STA: 21+77.13 OFFSET: 63.38 L E