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12/10/2008 - Packet Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board,Commission or Committee De-c-e—yn b e_,— 10, z o0 8 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/-.e /0 Date Intergovernmental Water Board — Agenda SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, December 10, 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 —November 12, 2008 Action: Motion to approve the November 12, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Water Supply Update - Mr. Goodrich 5. Consider a Resolution Recommending the City of Tigard Sell the Water Building Remnant Parcel —Mr. Koellermeier Action: Motion to approve Resolution No. 08-02 recommending the City of Tigard sell the Water Building remnant parcel. 6. Consider a Resolution Recommending the City of Tigard Sell the Canterbury Surplus Property —Mr. Koellermeier Action: Motion to approve Resolution No. 08-03 recommending the City of Tigard sell the Canterbury surplus property. 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 9. Non-Agenda Items Call for non-agenda items from the Board. INTERGOVERNMENTAL WATER BOARD AGENDA— DECEMBER 10, 2008 City of 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 ■ Water Conservation Program Presentation. • 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: ■ January 14, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment Action: Motion for adjournment. Executive Session The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. 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. INTERGOVERNMENTAL WATER BOARD AGENDA— DECEMBER 10, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 oft Sign-in Sheet Intergovernmental Water Board Meeting Date: c tm bL,..e- /v a2 o60 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 December 10, 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 5:33 p.m.) Dick Winn Representing the City of King City Members Absent: None Staff Present: Public Works Director Dennis Koellermeier Utility Division Manager John Goodrich Attorney Tim Ramis IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:29 p.m. 2. Approval of Minutes — November 12, 2008 Commissioner Buehner motioned to approve the November 12, 2008 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel and Winn voting yes. 3. Public Comments: None 4. Water Supply Update Mr. Goodrich reported: ■ November water consumption averaged 4 million gallons per day. ■ Portland had experienced a turbidity event that caused a switch from Bull Run water to wells. Mr. Goodrich said Tigard would wait until the turbidity event was over before starting aquifer storage and recovery injection. Intergovernmental Water Board Minutes December 10,2008 1 5. Consider a Resolution Recommending the City of Tigard Sell the Water Building Remnant Mr. Koellermeier summarized the process to allow the IWB to dispose of the Water Building remnant parcel and the surplus Canterbury parcel. He reported each of the member jurisdictions had passed a resolution authorizing its IWB representative to execute the resolutions. Mr. Ramis confirmed the Board was being asked to consider a resolution and a tenancy in common memorandum for each property. These documents would: ■ Put Tigard on notice that the properties were being sold and allow Tigard to exercise its right of first refusal. • Recommend the Tigard City Council undertake the surplus property sale procedure. ■ Memorialize the fact that each of the member jurisdiction voted to dispose of the proerties. Commissioner Scheiderich motioned to approve Resolution No. 08-02, A Resolution Recommending the City of Tigard Sell the Water Building Remnant Parcel; Commissioner Buehner seconded the motion. Commissioner Henschel reported the Tigard Water District had taken action on their resolutions and had made the following changes to those documents: • The District added amounts of the property values to each resolution, $50,000 for the remnant and $605,000 for the Canterbury surplus property respectively. ■ The District changed section 6 of the remnant parcel resolution to say the proceeds from the sale of the parcel should be distributed to the jurisdictions according to their percentage of ownership and that the District intended to use this money to fund a conservation fair. ■ The District changed section 8 of the Canterbury surplus property resolution to say the proceeds from the sale of the parcel should be distributed to the jurisdictions according to their percentage of ownership. The Durham, King City and Tigard Water District resolutions are on file in the IWB record. Commissioner Henschel explained the District would like to use its share of the remnant parcel proceeds to fund a conservation fair in conjunction with the other member jurisdictions. He said sustainability was a timely issue and noted the District approved the resolution with the caveat that the proceeds go back to the member jurisdictions. Commissioner Henschel pointed out the District had imposed a similar caveat on the proceeds from the sale of the Canterbury property, requesting these funds also be distributed to the member jurisdictions. Commissioner Henschel acknowledged the tenancy in common agreements specified the proceeds from the sale of the properties should go to the Water Capital Improvement Project Fund, unless there was agreement to use the funds in some other way. Mr. Henschel asked the Board to consider distributing the funds to the member jurisdictions. Intergovernmental Water Board Minutes December 10,2008 2 Mr. Ramis advised the disposition of the funds could be considered as a separate issue from recommending the sale of the properties. Mr. Ramis read from the tenancy in common agreement: "The owners may sell the park property upon an affirmative vote of three out of four representative owner jurisdictions and the net proceeds distributed under the terms of Section 11." Section 11 says, "Proceeds received from any sale . . . of the property . . . to the extent that the proceeds are not needed for debt service, anticipated expenses, and reasonable reserves for contingencies as determined by the owners, shall be retained by the IWB as reserves for capital projects. Notwithstanding the foregoing, the owners may determine to use part or all of said proceeds to reduce or repay mortgage indebtedness, contract, or other liability incurred in connection with the property." Mr. Ramis said this language established a hierarchy of how the proceeds are to be spent. If the member jurisdictions wanted to spend the money differently, this could be accomplished through an amendment to the tenancy in common agreements. Commissioner Winn expressed his displeasure with the Tigard Water District's proposal to give property proceeds to the member jurisdictions. He said this was contrary to other decisions the Board had made. Commissioner Carroll confirmed that unless modified by the Board and the corresponding member jurisdictions, proceeds from sale of the properties would go to the Water Capital Improvement Project Fund. Resolution 08-02, A Resolution Recommending the City of Tigard Sell the Water Building Remnant Parcel, was approved by unanimous vote of the member jurisdictions, with Commissioners Buehner, Carroll, Henschel and Winn voting yes. 6. Consider a Resolution Recommending the City of Tigard Sell the Canterbury Surplus Property Note: Some discussion of agenda item 6 occurred under agenda item 5. Commissioner Winn motioned to approve Resolution No. 08-03, A Resolution Recommending the City of Tigard Sell the Canterbury Surplus Property; Commissioner Buehner seconded the motion. Commissioner Scheiderich confirmed the Tigard Historical and Preservation Society lease and the easement for future water system use were reflected in the appraisal. Resolution 08-03, A Resolution Recommending the City of Tigard Sell the Canterbury Surplus Property, was approved by unanimous vote of the member jurisdictions, with Commissioners Buehner, Carroll, Henschel and Winn voting yes. Commissioner Henschel asked for the Board's support with regard to the conservation fair. Mr. Koellermeier said there were City resources available, although he wanted to be sure a consistent message was given to all Tigard Water Service Area customers. Intergovernmental Water Board Minutes December 10,2008 3 Commissioner Henschel said the fair would be open to all jurisdictions. He added the Tigard Water District was willing to take the leadership role. Commissioner Carroll suggested the District work directly with Tigard conservation staff, bringing the matter back to the Board if necessary. In response to a question from Commissioner Henschel, Board members did not express any reservations regarding participation in the conservation fair. Note: Mr. Ramis left the meeting at 5:55 p.m. 7. 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 This item was continued from the Board's November 12, 2008 meeting. Commissioner Winn expressed reservations about the process of updating the IGAs. Commissioner Carroll responded that the four member jurisdictions would have to find an agreement that was acceptable to all parties. Page 5, Item 4.A.(2). Division of Original District Assets ■ Commissioner Buehner asked if this section required any changes since the assets had already been divided in 1993. • Commissioner Scheiderich commented the Board did not have a list of assets, but there was nothing remarkable about this section. It described the asset analysis to be used should a member jurisdiction withdraw from the IWB. ■ Mr. Koellermeier confirmed the assets had been allocated through the execution of the IGAs, even though deeds may not have been signed or recorded. He said other assets needed to be defined, but were not an issue. ■ Commissioner Scheiderich agreed other assets would only become relevant if a member jurisdiction withdrew from the IWB. • Mr. Koellermeier said this raised the question of whether the Board wanted to undertake an updated asset inventory process as part of the new agreement. He suggested assets be categorized by type, value and who they were assigned to. ■ Commissioner Henschel suggested this list be incorporated into the new agreement. ■ Mr. Koellermeier said the list should contain the date the asset was constructed and the original construction cost. This information would be used for determining value in the future. ■ Mr. Koellermeier said there were real property system assets and system assets built after 1994 that benefited all member jurisdictions. ■ Commissioner Carroll asked for additional language to clarify or define system assets. With regard to the distribution system, this may be determined by the size of the pipe. • Mr. Koellermeier said if a member jurisdiction withdraws from the IWB they could continue to have access to a system asset (distribution pipe) or could cash out. Asset valuation is related to the exit clause. ■ Mr. Koellermeier suggested an asset inventory could be done as part of an upcoming master plan update and asset information could be included in the new agreement. He mentioned assets were categorized in supplemental documents to the 1993 IGAs. Intergovernmental Water Board Minutes December 10,2008 4 • Commissioner Buehner asked what was remaining in the old category of system assets; these assets needed to identified and dealt with in terms of new deeds, recording, etc. ■ The Board agreed definitions of the various types of assets needed to be clarified and assets needed to be categorized as "system," "other" and "critical." Page 5, Item 4.C., Division of Original District Assets ■ Commissioner Scheiderich suggested each member jurisdiction's proportionate interest should be based upon their proportion of revenue. Real market value was not relevant. • Commissioner Henschel questioned using depreciated value to determine the value of a capital improvement. He proposed this should be related to real market value. Mr. Koellermeier responded the public had already paid for capital improvements. ■ It was noted the value of real property does not depreciate in supplemental documents to the 1993 IGAs. Note: Commissioner Winn left the meeting at 6:26 p.m. ■ Commissioner Scheiderich advised that a member jurisdiction's withdraw under state law just divides up that share of the asset without any return on investment. ■ Commissioner Scheiderich and Mr. Koellermeier said they did not think member jurisdictions bought into the equity of the water system in 1994 when the IWB was formed. Although Mr. Koellermeier noted assets prior to this time were likely funded through water rates. • Commissioner Carroll concluded assets acquired since January 1, 1994 are group assets and assets acquired before January 1, 1994 are non-recoverable assets. It was requested this information be included in the asset inventory list. ■ The Board agreed to remove factor B, a jurisdiction's percentage of real market value in original district, from the proportionate interest calculation because no property tax debt is anticipated. • Commissioner Carroll requested the term "original service area" be used instead of"original District." ■ Commissioner Henschel pointed out some assets may fall into more than one category. ■ Mr. Koellermeier said meter size (factor C) is the most accurate factor in determining the cost to operate the water system. ■ Commissioner Carroll said revenue, meter size and consumption might be the most applicable factors to determine proportionate interest. • Mr. Koellermeier suggested using a cumulative meter equivalency; this would be a good measure from an operational perspective. • Commissioner Carroll asked Mr. Koellermeier to provide proportionate interest calculations using three formulas: 1. The existing system 2. The existing system minus factor B 3. The cumulative meter equivalency ■ Mr. Goodrich informed cumulative meter equivalency is used as an industry standard. ■ Commissioner Carroll questioned whether straight line depreciation was the appropriate way to calculate the value of a capital improvement and asked Mr. Koellermeier to research this issue. Intergovernmental Water Board Minutes December 10,2008 5 Page 6, Item 5.A.(2), Asset Ownership/Water Rates/Revenues ■ Commissioners Carroll and Henschel proposed changing the words "agrees that it will" to "shall" or "will." Page 6, Item 5.A.(3), Asset Ownership/Water Rates/Revenues ■ Commissioner Carroll suggested the last sentence "Where there is shared . . ." be deleted. Page 7, Item 5.13, Asset Ownership/Water Rates/Revenues ■ It was noted this item has been amended and the Board should work from the amended version which appears on Page 1, as Item 1. Paragraph 5.6. on the Second Amendment to Durham's IGA. • Commissioner Henschel suggested the IWB should "approve" rather than "review" any higher fees, rates and charges imposed for providing water service. Commissioner Carroll commented the Board played an advisory role with regard to the rate structure, and changing this language would change the role of the Board. Mr. Koellermeier added that having the IWB approve the rates could create a problem, since Tigard, not the IWB, is responsible for the costs to operate the system. Commissioner Carroll said other members would not support a change in the role of the IWB. Commissioner Carroll and Commissioner Henschel ultimately agreed on an alternate third sentence in this paragraph which says, "The IWB shall review and make recommendations regarding any higher fees, rates and charges limited to covering the actual additional costs of providing such service." Mr. Koellermeier informed the Board he would not have the information from the master plan for several months. The Board tabled further review of the intergovernmental agreement to its next meeting. 8. Informational Items ■ Mr. Koellermeier reported Tigard, in conjunction with Clean Water Services, received a state grant to conduct a feasibility study on the use of reclaimed water in the Tigard downtown redevelopment area and at two golf courses on the other side of Scholls Ferry Road. ■ The City of Tigard approved the first amendment to the Lake Oswego water partnership last night. This amendment sets Tigard's cost to buy in to the Lake Oswego water system at approximately $2.8 million. 9. Non-Agenda Items: Mr. Koellermeier informed the Board that Tigard provides water to a small area in the Tualatin Valley Water District. Tigard has a preliminary agreement to become the official service provider for the area. The District has not been receptive to other boundary adjustments. 10. Future Agenda Items Future agenda items were not discussed. ■ Water Conservation Program Presentation. ■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. Intergovernmental Water Board Minutes December 10,2008 6 ■ 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: ■ January 14, 2009, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment At 7:12 p.m. Commissioner Buehner motioned to adjourn the meeting; Commissioner Henschel seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel and Scheiderich voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: -'�e c')o 7 Intergovernmental Water Board Minutes December 10,2008 7 Agenda Item No.: 2 IWB Meeting Date: 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: - 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 3.13.(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.0), 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: - 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. IWB Chair Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes November 12,2008 6 Agenda Item No.: IWB Meeting Date: 12-10 -08 JORDAN VIA E-MAIL&FIRST CLASS MAIL ATTOnNEYE Al LAW November 14,2008 Patrick Carroll, Chair Dick Winn JORDAN$CHFtAllEK RAMIS NC Intergovernmental Water Board Intergovernmental Water Board 8223 Wilderland Ct 16270 SW King Charles Durham OR 97224 King City OR 97224 William Scheiderich Julie Russell Intergovernmental Water Board Intergovernmental Water Board 13655 SW Steven Ct 12662 SW Terraview Dr Tigard OR 97223 Tigard OR 97224 Gretchen Buehner Intergovernmental Water Board 13249 SW 136th PI Tigard OR 97223 TnNontr V.RAMS admitted in: Re: Intergovernmental Water Board Transactions Oregon Our File No. 50014-36792.003 Ladies and Gentlemen: Enclosed please find the following documents for consideration by the Direct Dial Intergovernmental Water Board: (503)598-5573 I. Proposed resolution recommending that the City of Tigard sell the E-mail Water Building Remnant Parcel; limremie�jwdanadreder.00m _ 2. Proposed resolution recommending that the City of Tigard sell the Canterbury Surplus Property. At the October 8,2008 Intergovernmental Water Board meeting,the Board requested that we, as counsel to the City of Tigard,coordinate the process to sell the Remnant Parcel. In follow-up to a question raised at that Board meeting,the City of Tigard staff has reviewed the properties held as tenants- in-common by the member jurisdictions of the Board as we]1 as other water system-related properties and determined that there is no other surplus property(other than the Canterbury Surplus Property)that requires transfer or disposition at this time. The Board previously passed Resolution No. 07- 02,recommending the sale of the Canterbury Surplus Property. The enclosed Canterbury Surplus Property documents are for the purpose of 30014-36791.003 f30523_3.ducD"llli14i1008 r P.O.Box 230669 Portland,OR 97281 Phone:503.598.7070 Fax:503.598.7373 Toll Free:888.598.7070 www.jordanschrader.com 1498 SE Tech Center Place, Suite 380 Vancouver,WA 98683 Phone:360.567.3900 Fax:360.567.3901 Toll Free:888.598,7070 JORDAN SCHRADER RAMISKC AliO11M •1 lA■ November 14,2008 Page 2 completing that transaction. We request that resolutions be placed on the agenda for approval at the December 10,2008 meeting. If the Tenancy in Common Agreement Memoranda are approved,please execute those documents at the meeting and deliver the executed documents to Greer Gaston. Please contact me with any questions you may have regarding the enclosed documents. Sincerely, JORDAN SCHRADER RAMIS PC J-- ?��-� Timothy V. Ramis Enclosures cc: Craig Prosser,City Manager,City of Tigard Greer Gaston,City of Tigard c 50014-36797.003150523 3.docOXV11/14/20M Agenda Item No.: .� IWB Meeting Date: INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 08- RESOLUTION RECOMMENDING THE CITY OF TIGARD SELL THE WATER BUILDING REMNANT PARCEL WHEREAS, the member jurisdictions of the Intergovernmental Water Board ("IWB") own certain property as tenants-in-common, which property is commonly known as the "Water Building Property" and is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25, 2007 ("Water Building TIC"); and WHEREAS, a portion of the Water Building Property, commonly known as the "Remnant Parcel", included in the Water Building TIC, and described more fully below, is not being used for water system operations; and WHEREAS, the Remnant Parcel has been appraised at $50,000; and WHEREAS, the IWB has determined that no adjustment is needed to the ownership percentages under Section 5 of the Water Building TIC as a result of, or at the time of, the sale of the Remnant Parcel; and WHEREAS, pursuant to the Water Building TIC,the sale of the Remnant Parcel is subject to a right of first refusal in favor of the City of Tigard; and WHEREAS, at least 3 of the 4 member jurisdictions of the Board have or will adopt resolutions authorizing the City of Tigard to sell the Remnant Parcel subject to the provisions of the City of Tigard's municipal code and subject to certain limitations and conditions; and WHEREAS, the IWB has determined that the Remnant Parcel is not part of the leased premises under the Water Building Lease (as defined in the Water Building TIC); and WHEREAS, the IWB serves an advisory role to the Tigard City Council. NOW, THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board that: SECTION 1: The Intergovernmental Water Board hereby recommends the City of Tigard declare the Remnant Parcel surplus and sell the Remnant Parcel, depicted in Exhibit A attached hereto, according to the applicable provisions of its municipal code. SECTION 2: Such sale of the Remnant Parcel must be subject to the City of Tigard's right of first refusal, which must be exercised within a reasonable time. Page 1 - IWB RESOLUTION NO. 08- 5001 4-36792.003 Remnant Parcel RES.doc,G12 2.2008 SECTION 3: The Remnant Parcel must be sold for at least the appraised value of $50,000. SECTION 4: Proceeds from the sale of the Remnant Parcel shall be distributed as set forth in the Water Building TIC or as the parties to the Water Building TIC may otherwise agree. SECTION 5: The members of the Intergovernmental Water Board approve the Tenancy in Common Agreement Memorandum attached hereto as Exhibit B. SECTION 6: This resolution is effective immediately upon passage. PASSED This day of , 2008. Chair, Intergovernmental Water Board ATTEST: IWB Recorder Exhibit A— Remnant Parcel Exhibit B— Tenancy in Common Agreement Memorandum Page 2 - IWB RESOLUTION NO. 08- 50014-36792.003 Remnant Parcel RGSAWG1121212008 - OF Exhibit A Remnant Parcel r . � • jw H/ F IL Imo` NORTH aw ' "r ;x Map pnnted at 13-Nov-08 11:00 AM L7 t DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OFTIGARD MAKES NO WARRANTY.REPRESENTATION OR TIMELINES AS OR CNTEE AS TO THE OMPLET NE CONTENT. DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME 8' NO LV1911 r FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED 7! 2 ,}ry. ^� REGARDLESSOFHOWCAUSED. City of Tigard #„ cdyaf X11d 73725,O Hell 23 Tigard,OR 97223 ' RT 503639J171 ww.v.5gard-or.gov Exhibit B TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM ("Memorandum") is made as of the date of the last signature below by and among the City of Tigard, City of Durham, City of King City and the Tigard Water District (collectively, the "Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007 (the "TIC"). Capitalized terms used but not defined herein shall have the meanings as set forth in the TIC. B. Pursuant to the TIC, at least three (3)of the four (4) representative jurisdiction Owners must vote to sell a portion of the Water Building Property(the "Remnant Parcel"). The Remnant Parcel is more fully described on Exhibit A attached hereto. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Remnant Parcel. APPROVALS 1. Sale of Remnant Parcel. The Owners have voted, by a majority, to sell the Remnant Parcel subject to City of Tigard's right of first refusal. The Remnant Parcel may not be sold for less than the appraised value. 2. Notice to City of Tigard. This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal, as required pursuant to the TIC. 3. No Adjustment. As of the date hereof, no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Remnant Parcel, the Remnant Parcel shall automatically be released from the TIC. 4. Water Building Lease Not Affected. The parties confirm that the Remnant Parcel is not included in the leased premises described in the Water Building Lease. 5. Counterparts. This Memorandum may be executed in counterparts, each of which, when taken together, shall constitute a fully executed original. [Signature page follows.] Page 1 - MEMORANDUM 50014-36791.003 148037.doclOAN/11/!f/I008 IN WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OF TIGARD,an Oregon municipal CITY OF DURHAM,an Oregon municipal corporation corporation By: By: Name: Name: Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: Dated: CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal service district By: By: Name: Name: Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: Dated: Exhibit A —Remnant Parcel Page 2 - MEMORANDUM J0014-36792.003 148057.doc10AW111.i11i1008 Exhibit A Remnant 1 �} F v �� Parcel dp 3gr 'Y• �I *P .-tel-1 1),' "k. a _ a y NORTH IL W, Map printed at 1344OV-0911VIDAM OFTIGORD MANES NONNRRANTY,REPRESENTATION OR f y DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITU �` .�. f T. �,. /•� 'C 4 T / 7• r 1 1 T1MEUNEGUARANTEE SA OR COMPLETENEAS TO THE SS OF ANY OFTHEDATA j 7 , lw MIOVIDED HEREIN THE CT'OF T OARD SHALL-NE NO LASILRY FOR ANY ERRORS,O SIONS.OR 1r' 1 - INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW GI ED rel, ~ —� �7 Crit/Of Z�F :I+teltlt�. 1.' . W'V ..�...e,,i.�lr. e � xy � Tigard of Tigard -1 1 13125 SVV Hall BNd Tigard OR 9727.3 A 5036J94171177 ��1/ CD TIGARD WATER DISTRICT cn RESOLUTION NO. 08-05 p S 3. RESOLUTION TO AUTHORIZE CITY OF TIGARD TO SELL WATER BUILDING REMNANT PARCEL 3 v D t� c� WHEREAS,the City of Tigard,the City of Durham,King City and the Tigard Water n r District each have representative members on that certain Intergovernmental Water Board ("IWB"), pursuant to an Intergovernmental Agreement,as may be amended from time to time; and Z :3 o cn WHEREAS, the IWB member jurisdictions own certain real property as tenants-in- common, including the property commonly known as the"Water Building Property", IcN which property is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25,2007 ("Water Building TIC"); and WHEREAS, a portion of the Water Building Property,commonly known as the "Remnant Parcel" and described more fully below, is not being used for water system operations; and WHEREAS,the Tigard Water District("District") desires to sell its interest in the Remnant Parcel; and WHEREAS,the Water Building TIC provides that any sale of the Water Building Property is subject to the City of Tigard's right of first refusal; and WHEREAS, pursuant to Chapter 190 of the Oregon Revised Statutes ("ORS"), District desires to authorize the City of Tigard to dispose of the entire Remnant Parcel according to the procedures set forth in the City of Tigard's municipal code for surplus property, and the City of Tigard's resolution authorizing its agreement to sell the Remnant Parcel will memorialize the agreement between the City and the City of Tigard regarding this sale; and WHEREAS, City desires to authorize its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the entire Remnant Parcel surplus and sell the entire Remnant Parcel as surplus property according to the procedures set forth in the City of Tigard's municipal code; and NOW, THEREFORE, BE IT RESOLVED by the Tigard Water District that: SECTION 1: District authorizes the sale of the Remnant Parcel, which property is described in Exhibit A attached hereto, for at least the appraised value of $50,000.00. Page 1 - RESOLUTION NO. 08-05 SECTION 2: The sale of the Remnant Parcel shall be subject to the City of Tigard's right of first refusal, which right of first refusal must be exercised within a reasonable time. SECTION 3: District authorizes, pursuant to ORS Chapter 190,the City of Tigard to declare the Remnant Parcel surplus and to convey the entire Remnant Parcel according to the procedures for surplus property set forth in the City of Tigard's municipal code. The City of Tigard's resolution authorizing its agreement to sell the Remnant Parcel will memorialize the agreement between the District and the City of Tigard regarding this sale. SECTION 4: District authorizes its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the Remnant Property surplus and sell the Remnant Parcel as surplus according to the procedures set forth in the City of Tigard's municipal code. SECTION 5: The District's Mayor is authorized to execute and deliver a deed for the conveyance of District's interest in the Remnant Parcel, substantially in the form of the deed attached hereto as Exhibit B, and any other ancillary documents that may be necessary in connection with the conveyance. SECTION 6: The proceeds from the sale of the Remnant Parcel shall be distributed to the jurisdictions according to the percentage of ownership. The Tigard Water District intends to use its share of the proceeds to fund an area-wide conservation fair to promote water conservation. SECTION 7: This resolution is effective immediately upon passage. PASSED: This 8th day of December,2008. Ken Henschel, Chair-Tigard Water District ATTEST: &/e /VoC26 Evie Moore Tigard Water District Acting Recorder Exhibit A—Remnant Parcel Exhibit B —Deed Page 2 - RESOLUTION NO. 08-05 Agenda Item No.: (0 IWB Meeting Date: /a. -ID-198 INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 08- RESOLUTION RECOMMENDING THE CITY OF TIGARD SELL THE CANTERBURY SURPLUS PROPERTY WHEREAS, the member jurisdictions of the Intergovernmental Water Board ("IWB") own certain property as tenants-in-common, which property is located on Canterbury Lane, Tigard, Oregon (the "Canterbury Property"), and is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25, 2007 (the "Canterbury TIC"); and WHEREAS, on April 11, 2007, the IWB unanimously passed Resolution No. 07-02, attached hereto as Exhibit A, recommending that a portion of the Canterbury Property be declared surplus ("Canterbury Surplus Property") in accordance with the City of Tigard's surplus property procedures; and WHEREAS, this Resolution seeks to carry out the sale of the Canterbury Surplus Property in accordance with IWB Resolution No. 07-02; and WHEREAS, the Canterbury Surplus Property has been partitioned and appraised at $605,000; and WHEREAS, the IWB has determined that no adjustment is needed to the ownership percentages under Section 5 of the Canterbury TIC as a result of, or at the time of, the sale of the Canterbury Surplus Property; and WHEREAS, pursuant to the Canterbury TIC,the sale of the Canterbury Surplus Property is subject to a right of first refusal in favor of the City of Tigard; and WHEREAS, at least 3 of the 4 member jurisdictions of the Board have or will adopt resolutions authorizing the City of Tigard to sell the Canterbury Surplus Property subject to the provisions of the City of Tigard's municipal code and subject to certain limitations and conditions; and WHEREAS, the IWB serves an advisory role to the Tigard City Council. NOW, THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board that: SECTION 1: The Intergovernmental Water Board hereby recommends the City of Tigard declare the Canterbury Surplus Property surplus and sell the Canterbury Surplus Property, described in Exhibit B attached hereto, according to the applicable provisions of its municipal code. Page 1 - IWB RESOLUTION NO. 08- 5001 d-16792.003 Canterbury RhS.docV 42'22008 SECTION 2: Such sale of the Canterbury Surplus Property must be subject to (i)the City of Tigard's right of first refusal, which must be exercised within a reasonable time, and(ii) the conditions set forth in IWB Resolution No. 07-02. SECTION 3: The Canterbury Surplus Property must be sold for at least the appraised value of$605,000. SECTION 4: Proceeds from the sale of the Canterbury Surplus Property shall be distributed as set forth in IWB Resolution No. 07-02 or as the parties to Canterbury TIC may otherwise agree. SECTION 5: The members of the Intergovernmental Water Board approve the Tenancy in Common Agreement Memorandum attached hereto as Exhibit C. SECTION 6: This resolution is effective immediately upon passage. PASSED: This day of , 2008. Chair, Intergovernmental Water Board ATTEST: IWB Recorder Exhibit A— IWB Resolution 07-02 Exhibit B —Canterbury Surplus Property Exhibit C—Tenancy in Common Agreement Memorandum Page 2 - IWB RESOLUTION NO. 08- 50014-96791.003 Canterbury RES.doclG�12 2 2008 Exhibit A Revised 4/11/07 INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 07- D 2— A RESOLUTION OF THE INTERGOVERNMENTAL WATER BOARD (IWB) RECOMMENDING TO THE TIGARD CITY COUNCIL THAT A PORTION OF THE CANTERBURY PROPERTY BE DECLARED SURPLUS AND ADDRESSING OTHER ISSUES RELATED TO THE DISPOSITION OF THE PROPERTY WHEREAS, a portion of the water facility known as the "Canterbury property" is not being used for water operations; and WHEREAS,the IWB has determined that potential future water system expansion/improvements on the unused property can be preserved by retaining an water easement on the southeast comer of the parcel; and WHEREAS, the City of Tigard has expressed an interest in purchasing the unused portion of the property in order to develop a park on the site; and WHEREAS,the Tigard Water District (TWD), owner of record for the Canterbury property,has authorized the sale of the property,at not less than the appraised value,to the City of Tigard for the purpose of constructing a park; and WHEREAS,the IWB serves an advisory role to the Tigard City Council; and WHEREAS,the IWB has identified several conditions related to the disposition of the unused Canterbury property. NOW,THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board as follows: SECTION 1: The Canterbury property, located at 10310 SW Canterbury Lane, Tigard, Oregon, (2S 111BCO26000), shall be partitioned, generally as depicted on the attached map (Exhibit 1).That portion of the site after partitioning (hereafter, "the Property") that is not retained in fee for water system use shall be offered for sale as provided for in this Resolution. SECTION 2: The IWB recommends to the Tigard City Council that the Property, generally as depicted on the attached map (Exhibit 1), be declared surplus in accordance with City of Tigard surplus property procedures. Intergovernmental Water Board RESOLUTION NO.07- 62— Page 1 of 2 SECTION 3: In any conveyance of the Property to any person the grantor(s) shall reserve not less than a 50-foot by 50-foot easement for future water system use in the southeast corner of the property, generally as depicted on the attached map (Exhibit 1), and a conservation easement for the area now leased to the Tigard Area Historical and Preservation Association,the easement to be limited to the sole use of maintenance of the historical John Tigard House and no other purpose. SECTION 4: The City of Tigard at its initiative and expense may conduct an independent appraisal and title search of the portion of the property that is offered for sale. The property shall be offered for sale at its fair market value as determined by the appraisal or by any commercially reasonable means. SECTION 5: The City of Tigard shall have the right of first refusal on reasonable terms,including a reasonable time limit within which the option must be irrevocably exercised,to purchase the unused portion of the Canterbury property at the appraised price. The appraisal shall reflect the value of the reserved easements as described in this Resolution as offsets to the present market value of the Property. SECTION 6: Any proceeds from the sale of the Property shall be credited to the Water Capital Improvement Project Fund. SECTION 7: The resolution is effective immediately upon passage. f PASSED: This day of 2007. Bill Scheidench,President Intergovernmental Water Board ATTEST: Greer Gaston, IWB Recorder Intergovernmental Water Board RESOLUTION NO.07 Page 2 of 2 Canterbury Os > gas. kit FT Easement Area Murdock Exhibit B _ CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION I A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF it THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01016'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET;THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247.22 FEET; THENCE NORTH 01°19'00" EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11, 2005;THENCE NORTH 89°37'51"EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005.-144029;THENCE NORTH 0.10 19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE; THENCE NORTH 89°37'51" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE; THENCE SOUTH 01°19'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING,CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. 4 Exhibit B SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR r 4�d- o OREGON JULY 25.1990 CHARLES L.WILEY 2474- SIGNED: -7/I9t2oob EXP: 6/30/2010 r Exhibit B SW CANTERBURY LANE _ N S8937'51"W_ _ _ S 89 3751" W_ 298.16' _ �v N 59'3751' E 141.49' N8937'51"E 247.58' '--- 3 0 g o H FUTURE �i ;� CONSER VA TION I p LOT 5 'T'IGARDVILLE HEIGH'T'Sto � EASEMENT 0 `D PARCEL 1 ^� �+ 89,520 SQ. FT ^I N893751'E 136.66' ---------`--� I to 2.06 ACRESto o . v n � to cli W — N 8937'48=E 247.44' 06 to a � OLD--PROPERTYLINE -r ` - - � - - -- - - - - - - - -- � p 2^ �r O ' =M TOT 6 TIGARDVIL.LE HEIGHTS Z TRANSFER PARCEL N 48,698 SQ. FT I 1.12 ACRES o o■�" PARCEL 2 i WEST UNE OF rn 0) a$ 133,309 SQ. FT 3 SW 1/4 OF NW 3 w 3.06 ACRES o I 0 114 OF SECTION 11 S89*50'49E 247.22' 20' NEW PROPERTY UNE N 20�LOT 7 TIGARDNILLE HEIGHTS j FUTURE I WA TER EASEMENT N89 50'49"W 525.23' o - - - - - `_ NW COR - DLC #44 SW MURDOCK STREET 3 a SCALE 0 50 100 200 N ( FEET ) — 1 INCH = 100 FT ' T X DESIGNED BY._IV CHECKED BY: VPC ORABN BY. TEN_ APPROVED BY.�_ CITY OF TIGARD H "ST EDIT: 0PLOT DATE: +.on.oe PROPERTY LINE ADJUSTMENT DATE BY11MV11 REWSION CKVPFFM PARCELS 1 , 2, AND »m w TRANSFER PARCEL �"+�- BARD WASHINGTON OR Y M SCALE: PROXCT NO. DRAWWG FILE NAME: SHEET 1 .�..._ 1"=100 34251 1 34251-SURV-EX00 IF 1 L O J Exhibit C TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM("Memorandum") is made as of the date of the last signature below by and among the City of Tigard, City of Durham,City of King City and the Tigard Water District(collectively, the "Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007 (the "TIC"). Capitalized terms used but not defined herein shall have the meanings as set forth in the TIC. B. Pursuant to the TIC, at least three (3) of the four(4) representative jurisdiction Owners must vote to sell a portion of the Property (the "Canterbury Surplus Property"). The Canterbury Surplus Property is more fully described on Exhibit A attached hereto. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Canterbury Surplus Property, APPROVALS 1. Sale of Canterbururplus Property. The Owners have voted, by a majority, to sell the Canterbury Surplus Property subject to City of Tigard's right of first refusal. The Canterbury Surplus Property may not be sold for less than the appraised value. 2. Notice to City of Tigard. This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal, as required pursuant to the TIC. 3. No Adjustment. As of the date hereof,no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Canterbury Surplus Property, the Canterbury Surplus Property shall automatically be released from the TIC. Owners hereby assign any and all leases affecting the Canterbury Surplus Property to the buyer, effective as of the closing of the sale. 4. Remaining Property. For purposes of the TIC, the legal description for the Property following the sale of the Canterbury Surplus Property shall be as set forth in Exhibit B attached hereto. 5. Counterparts. This Memorandum may be executed in counterparts, each of which, when taken together, shall constitute a fully executed original. Page 1 - MEMORANDUM 50014-36792.003 148807.doc 10XN/11/1112008 Draft: 10/31/08 IN WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OF TIGARD,an Oregon municipal CITY OF DURHAM,an Oregon municipal corporation corporation By: By: Name: Name: Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: Dated: CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal service district By: By: Name: Name: Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: Dated: Exhibit A—Canterbury Surplus Property Exhibit B— Remaining Property Page 2- MEMORANDUM 30014-36792.003 148807.docOAN/11/11/2008 EXHIBIT A CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44, BEING IN SAID SECTION 11, SAID POINT BEING 014 THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, THENCE NORTH 38°41'37" EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET;THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247.22 FEET; THENCE NORTH 0I°19'00" EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11, 2005; THENCE NORTH 89°37'51" EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005.-144029;THENCE NORTH.0.1°19'00" EAST ALONG THE EAST LINE OF-SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE; THENCE NORTH 89'37'51"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE; THENCE SOUTH 01019'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. EXHIBIT A SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR (S) OREGON :< CHARLES L WILEY - 2474 SIGNED: WkIa(zoob EXP:6/30/2010 r EXHIBIT A SW CANTERBURY LANE NS8937-51-W_ _ � _ S 8937'51" W_ 298.16' _ N 89:3751' E 141.49' i N8937'51"E 247.58' �(gg;3F-136.16 _ A _-Z____ _ � o 0 o N FUTURE I cliW CONSERVATION I F�b, LOT 5 Tt(wzi)'TILLE HEIGHTS h g `^' EASEMENT � I 0 PARCEL 1 Hz `* 89,520 SQ. FT i N8937'51 E 136.66' ------------� I 2.06 ACRES o — N 8937'48"E 247.44' `* - - - - - - - - - _ - - - - 4, I a to OLD PROPERTY 0 40 z^ I r- 'M LOT 6 TIGARDVILLE HEIGHTS o TRANSFER PARCEL I z 48,698 SQ. FT �N 1.12 ACREStj o ka PARCEL 2 O ui cd g 133,309 SQ. FT 3 WEST ONE OF rn a o, SW 1/4 OF NW 3 R 3.06 ACRES °oo 1/4 OF 2? rn SECTION i 1 r — — — — — — — — — — — — — — — — —— — — — — — — —— o S8950'49"E 247.22' 20' NEW PROPERTY LINE I Q! 20� Mi LOT 7 TIGARDVILLE HEIGHTS I fUTURE WATER I I EASEMENT N89'50'49"W 525.23' N77 _ - - - - - NW COR DLC I" SW MURDOCK STREET V, SCALE 0 50 100 200 N ( FEET ) - 1 INCH = 100 FT � 1 DESIGNED BY. CW "MCO BY CPO_ DRAMN BY _ XN APPROWD BYE— CITY OF TIGARD ti u9T.EaT. w/+n/oe KOT WE' 4A.00 PROPERTY LINE ADJUSTMENT DATE BY WVA REWSM PARCELS 1 , 2, AND '"'° swo."''"im TRANSFER PARCEL '"k" ' "M nCARD WA94MGTGN dt pwj� SCALE: PROJECT NO. ORAMING FILE NAME: SHEETal 1 1'=100' 34251 1 34251-SURV-EXOO O J EXHIBIT B ' CANTERBURY PROPERTY PARCEL I: LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTWFS'F ONE QUARTER OF__ --THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP.2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44,BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37'EAST-25-.57 FEET TO A POINT THAT IS 2000 FEET EAST OF THE WEST LINE OF THE-SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET, PARALLEL WITH AND 20.00 FEET EAST OF -SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01016'07" EAST ALONG SAID LINEA DISTANCE OF 195.82 FEET TO THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A WARRANTY DEED AS BOOK 276, PAGE 659 RECORDED JULY 31, 1947; THENCE NORTH 89°37'48"EAST ALONG THE SAID SOUTH LINE OF SAID BOOK 276, PAGE 659 A DISTANCE OF 247.44 FEET TO THE SOUTHEAST CORNER OF SAID BOOK 276, PAGE 659;THENCE SOUTH 01019'00" WEST LEAVING SAID SOUTH LINE OF BOOK 276, PAGE 659 A DISTANCE OF 198.09 FEET;THENCE.NORTH 89°50'49" WEST PARALLEL WITH THE NORTH RIGHT-OF=WAY LINE OF S'W. MURDOCK S-rpxE' •'A DISTANCE O -24_7.22 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 48,698 SQ.FT., 1.12 ACRES MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25.1990 CHARLES L.WILEY 2474 SIGNED: -r/t 6l leo£) EXP:6/30/2010 9755 SW Barnes Road,Suite 300 Portland,OR 97225 • i 503.626.0455 F 503.526.0715 www.whpacific.com EXHIBIT B PARCEL II: A T13ACT OF 1�,AND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF - -- THE NORTd;VEST CNE QUARTER OF SECTION It,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44 BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W.MURDOCK STREET,THENCE NORTH 38°41'37"EAST.25.57 FEET TO A POINT THAT IS 20.00 FEET AST OF THE WEST LINE OF THE-SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 01016'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET, PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01016'07" EAST ALONG SAID LINE A DISTANCE OF 360.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY STREET; THENCE NORTH 8937'51" EAST ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY STREET A DISTANCE OF 247.58 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN FEE NUMBER 2005-144209 RECORDED NOVEMBER It, 2005; THENCE SOUTH 01°19'00" WEST LEAVING SAID SOUTH RIGHT-OF-WAY LINE ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSIN OF SAID FEE NUMBER 2005-144209 A DISTANCE OF 363.09 FEET; THENCENORTH 89050'49" - WEST PARALLEL WITH TI TE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET A DISTANCE OF 247.22 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 89,520 SQ.FT., 2.06 ACRES MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25.1990 CHARLES L.WILEY 2474 SIGNED:-7/1812MT EXP:6/30/2010 9755 SW Barnes Road, Suite 300 Portland,OR 97225 • T 503.626.0455 F 503.526.0775 www.whpaci(ic.com EXHIBIT B SW CANTERBURY LANE _�NS8937'51"W_ _ r - S 893751" W_ 298.16' _ _ N 89'3751' E 141.49' it NB9'37'S1"E 247.58'. _ 'P-fi3--w _- - -_012 -- - � 1 0 o FUTURE CONSER VA TION I C) LOT 5 'PIGARDVII,Id? HIQUHTS � ^ oo `V EASEMENT ,,J 0 or PARCEL i Ni ' 89,520 SQ. FT N8937'51 E 136.66' ------------- I 2.06 ACRES o to C14N 89'37'48 E 247.44' 4r — — — — — - - — v i. m OLD PROPERTY-LINE _ 0 o Lob, �oi i TRANSFER PARCEL r7 I.OT 6 TIGARDVII.I.F: H)�,1GHTS z �C4 I 48,698 SQ. FT i., 1.12 ACRES Q 0 0 a PARCEL 2 R to cd 133,309 SQ. FT WEST LINE OF chQ, aa, 3 SW 1/4 OF NW 3^ 3.06 ACRES o 1/4 OF 2 z p SECTION 11 '' — — — — — — — — — — — — „ S89 50'49E 247.22' 20' NEW PROPERTY UNE iv 20 0 LOT 7 TIGARDV7LLE HEIGHTS fUIURE WATER EASEMENT ` N89'50'49"W 525.23' To - NW COR DLC #44 SIN MURDOCK STREET H d 4 SCALE 0 0 50 100 200 N _ ( FEET ) - 1 INCH = 100 FT n I X O DESIGNED BY. CW CHECKED BY GPCDRACITY OF TJGARD LAST V r. rEH APPROY£D BY: cw PROPERTY LINE ADJUSTMENT N4, LAS Eolr: 04 07 De PLOT DATE: 4,09.08 € °ATE BY 1, RE1490N cK PARCELS 1 , 2, AND Fm"mw" TRANSFER PARCEL P-tMs4 0-0r nc w0 WA WN OR SCALE: PROJECT NO. DRA WING RLE NAME: SHEE r 1 34251 34251-SURV-EX00 1 L o , • p Ov v � CD TIGARD WATER DISTRICT RESOLUTION NO. 08-07 5Li Cn � c RESOLUTION TO AUTHORIZE CITY OF TIGARD TO SELL PORTION OF C CANTERBURY PROPERTY Q 0o m a v WHEREAS,the City of Tigard,the City of Durham, King City and the Tigard Water District each have representative members on that certain Intergovernmental Water Board ("IWB"), pursuant to an Intergovernmental Agreement, as may be amended from time to time; and CD C WHEREAS, the IWB member jurisdictions own certain real property as tenants-in-common, 3 m including the property located on Canterbury Lane,Tigard, Oregon,which property is more full} oZ described in that certain Tenancy in Common Agreement between the members of the I WB dated June 25, 2007 ("Canterbury TIC"); and I� WHEREAS, a portion of such property, commonly known as the "Canterbury Surplus Property" and described more fully below, is not being used for water system operations; and WHEREAS, the Tigard Water District("District") desires to sell its interest in the Canterbury Surplus Property; and WHEREAS, the Canterbury TIC provides that any sale of the property described therein is subject to the City of Tigard's right of first refusal; and WHEREAS, pursuant to Chapter 190 of the Oregon Revised Statutes ("ORS"), City desires to authorize the City of Tigard to convey the entire Canterbury Surplus Property according to the procedures set forth in the City of Tigard's municipal code for surplus property, and the City of Tigard's resolution authorizing its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the City and the City of Tigard regarding this sale; and WHEREAS, District desires to authorize its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the entire Canterbury Surplus Property surplus and sell the entire Canterbury Surplus Property as surplus property according to the procedures set forth in the City of Tigard's municipal code; and NOW, THEREFORE, BE IT RESOLVED by the Tigard Water District that: SECTION 1: District authorizes the sale of the Canterbury Surplus Property, which property is described in Exhibit A attached hereto, for at least the appraised value of $605,000.00. SECTION 2: The sale of the Canterbury Surplus Property shall be subject to the City of Tigard's right of first refusal,which right of first refusal must be exercised within a reasonable time. Page 1 - RESOLUTION NO.08- 07 SECTION 3: The sale of the Canterbury Surplus Property shall be subject to the restrictions set forth in Section 3 of IWB Resolution 07-02, dated April 11, 2007. SECTION 4: The deed conveying the Canterbury Surplus Property must restrict the use of the Canterbury Surplus Property to use as a public park. SECTION 5: District authorizes, pursuant to ORS Chapter 190,the City of Tigard to declare the Canterbury Surplus Property surplus and convey the entire Canterbury Surplus Property according to the procedures for surplus property set forth in the City of Tigard's municipal code. The City of Tigard's resolution authorizing its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the District and the City of Tigard regarding this sale. SECTION 6: District authorizes its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the Canterbury Surplus Property surplus and sell the Canterbury Surplus Property as surplus according to the procedures set forth in the City of Tigard's municipal code. SECTION 7: The District Chair is authorized to execute and deliver a deed for the conveyance of City's interest in the Canterbury Surplus Property, substantially in the form of the deed attached hereto as Exhibit B, and any other ancillary documents that may be necessary in connection with the conveyance. SECTION 8: The proceeds from the sale of the Canterbury Surplus Property shall be distributed to the jurisdictions according to the percentage of ownership. SECTION 9: This resolution is effective immediately upon passage. PASSED: This 8th day of December, 2008. Ken frenschel, Chair-Tigard Water District ATTEST: rg d Evie Moore Tigard Water District Acting Recorder Exhibit A—Canterbury Surplus Property Exhibit B—Deed Page 2 - RESOLUTION NO.08- 07 CITY OF DURHAM CITY COUNCIL RESOLUTION NO. 507-08 RESOLUTION TO AUTHORIZE CITY OF TIGARD TO SELL WATER BUILDING REMNANT PARCEL WHEREAS,the City of Tigard,the City of Durham,King City and the Tigard Water District each have representative members on that certain Intergovernmental Water Board ("IWB"),pursuant to an Intergovernmental Agreement,as may be amended from time to time;and WHEREAS,the IWB member jurisdictions own certain real property as tenants-in- common, including the property commonly known as the"Water Building Property", which property is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25,2007("Water Building TIC"); and WHEREAS,a portion of the Water Building Property,commonly known as the "Remnant Parcel"and described more fully below,is not being used for water system operations;and WHEREAS,the City of Durham("City")desires to sell its interest in the Remnant Parcel;and WHEREAS,the Water Building TIC provides that any sale of the Water Building Property is subject to the City of Tigard's right of first refusal;and WHEREAS,pursuant to Chapter 190 of the Oregon Revised Statutes("ORS"),City desires to authorize the City of Tigard to dispose of the entire Remnant Parcel according to the procedures set forth in the City of Tigard's municipal code for surplus property, and the City of Tigard's resolution authorizing its agreement to sell the Remnant Parcel will memorialize the agreement between the City and the City of Tigard regarding this sale;and WHEREAS,City desires to authorize its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the entire Remnant Parcel surplus and sell the entire Remnant Parcel as surplus property according to the procedures set forth in the City of Tigard's municipal code;and NOW,THEREFORE,BE IT RESOLVED by the City of Durham that: SECTION 1: City authorizes the sale of the Remnant Parcel,which property is described in Exhibit A attached hereto,for at least the appraised value. C:\Word\Resolutions\res507-08 authorize sle of water bldg remnant.doc tan 11('91 M!—w?a* .......IJA. —...nV wlt vemmnnQ SECTION 2: The sale of the Remnant Parcel shall be subject to the City of Tigard's right of first refusal,which right of first refusal must be exercised within a reasonable time. SECTION 3: City authorizes,pursuant to ORS Chapter 190,the City of Tigard to declare the Remnant Parcel surplus and to convey the entire Remnant Parcel according to the procedures for surplus property set forth in the City of Tigard's municipal code. The City of Tigard's resolution authorizing its agreement to sell the Remnant Parcel will memorialize the agreement between the City and the City of Tigard regarding this sale. SECTION 4: City authorizes its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the Remnant Property surplus and sell the Remnant Parcel as surplus according to the procedures set forth in the City of Tigard's municipal code, SECTION 5: The City's Mayor is authorized to execute and deliver a deed for the conveyance of City's interest in the Remnant Parcel, substantially in the form of the deed attached hereto as Exhibit B,and any other ancillary documents that may be necessary in connection with the conveyance. SECTION 6: The proceeds from the sale of the Remnant Parcel shall be distributed as set forth in the Water Building TIC or as otherwise agreed by the parties to the Water Building TIC. SECTION 7: This resolution is effective immediately upon passage. PASSED: This 25th day of November, 2008. -Z City of Durham,Mayor ATTEST: City of Durham,RecQrder Exhibit A—Remnant Parcel Exhibit B—Deed C:\Word\Resolutions\res507-08 authorize sle of water bldg remnant.doc CITY OF DURHAM CITY COUNCIL RESOLUTION NO. 508-08 RESOLUTION TO AUTHORIZE CITY OF TIGARD TO SELL PORTION OF CANTERBURY PROPERTY WHEREAS,the City of Tigard,the City of Durham,King City and the Tigard Water District each have representative members on that certain Intergovernmental Water Board ("IWB"),pursuant to an Intergovernmental Agreement,as may be amended from time to time; and WHEREAS,the IWB member jurisdictions own certain real property as tenants-in- common, including the property located on Canterbury Lane,Tigard,Oregon,which property is more fully described in that certain Tenancy in Common Agreement between the members of the IWB dated June 25,2007("Canterbury TIC");and WHEREAS,a portion of such property,commonly known as the"Canterbury Surplus Property"and described more fully below, is not being used for water system operations; and WHEREAS,the City of Durham("City")desires to sell its interest in the Canterbury Surplus Property;and WHEREAS,the Canterbury TIC provides that any sale of the property described therein is subject to the City of Tigard's right of first refusal;and WHEREAS,pursuant to Chapter 190 of the Oregon Revised Statutes("ORS"),City desires to authorize the City of Tigard to convey the entire Canterbury Surplus Property according to the procedures set forth in the City of Tigard's municipal code for surplus property,and the City of Tigard's resolution authorizing its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the City and the City of Tigard regarding this sale; and WHEREAS, City desires to authorize its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the entire Canterbury Surplus Property surplus and sell the entire Canterbury Surplus Property as surplus property according to the procedures set forth in the City of Tigard's municipal code; and NOW,THEREFORE,BE IT RESOLVED by the City of Durham that: SECTION 1: City authorizes the sale of the Canterbury Surplus Property,which property is described in Exhibit A attached hereto,for at least the appraised value. SECTION 2: The sale of the Canterbury Surplus Property shall be subject to the City of Tigard's right of first refusal,which right of first refusal must be exercised within a reasonable time. SECTION 3: The sale of the Canterbury Surplus Property shall be subject to the restrictions set forth in Section 3 of I"Resolution 07-02,dated April 11, 2007. SECTION 4: The deed conveying the Canterbury Surplus Property must restrict the use of the Canterbury Surplus Property to use as a public park. SECTION 5: City authorizes,pursuant to ORS Chapter 190,the City of Tigard to declare the Canterbury Surplus Property surplus and convey the entire Canterbury Surplus Property according to the procedures for surplus property set forth in the City of Tigard's municipal code. The City of Tigard's resolution authorizing its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the City and the City of Tigard regarding this sale. SECTION 6: City authorizes its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the Canterbury Surplus Property surplus and sell the Canterbury Surplus Property as surplus according to the procedures set forth in the City of Tigard's municipal code. SECTION 7: The City's Mayor is authorized to execute and deliver a deed for the conveyance of City's interest in the Canterbury Surplus Property, substantially in the form of the deed attached hereto as Exhibit B.and any other ancillary documents that may be necessary in connection with the conveyance. SECTION 8: The proceeds from the sale of the Canterbury Surplus Property shall be distributed as set forth in the Canterbury TIC or as otherwise agreed by the parties to the Canterbury TIC. SECTION 9: This resolution is effective immediately upon passage. PASSED: This 25th day of November,2008. City of urham,Mayor ATTEST: City of Durham,Recorder Exhibit A—Canterbury Surplus Property Exhibit B—Deed rn m....a o.....w.�....a...sno ro„i...e'r......a..�...�..��+.�w.... CITY OF KING CITY COUNCIL RESOLUTION NO, R-08-14 RESOLUTION TO AUTHOR1,ZE CITY OF TIGARD TO SELL PORTION OF CANTERBURY PROPERTY WHEREAS, the City of Tigard,the City of Durham, King City and the Tigard Water District each have representative members on that certain Intergovernmental Water Board ("TWB"), pursuant to an Intergovernmental Agreement, as may be amended from time to time;and WHEREAS,the IWB member jurisdictions own certain real property as tenants-in- common, including the property located on Canterbury Lane, Tigard, Oregon, which property is more fully described in that certain Tenancy in Common Agreement between the members of the I" dated June 25, 2007("Canterbury TIC"); and WHEREAS, a portion of such property, commonly known as the"Canterbury Surplus Property" and described more fully below, is not being used for water system operations; and WHEREAS, the City of King City("City") desires to sell its interest in the Canterbury Surplus Property, and WHEREAS,the Canterbury TIC provides that any sale of the property described therein is subject to the City of Tigard's right of first refusal; and WHEREAS, pursuant to Chapter 190 of the Oregon Revised Statutes("ORS"), City desires to authorize the City of Tigard to convey the entire Canterbury Surplus Property according to the procedures set forth in the City of Tigard's municipal code for surplus property, and the City of Tigard's resolution authorizing its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the City and they City of Tigard regarding this sale; and WBEREAS, City desires to authorize its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the entire Canterbury Surplus Property surplus and sell the entire Canterbury Surplus Property as surplus property according to the procedures set forth in the City of Tigard's municipal code; and NOW, THEREFORE,BE IT RESOLVED by the City of King City that: SECTION 1: City authorizes the sale of the Canterbury Surplus Property, which property is described in Exhibit A attached hereto, for at least the appraised value. Page t - RESOLUTION NO, R-08-14 5 M)I-367920rri RZAr;-141WACanb,-rbWrv!'nrWltdw/!?13?0? SECTION 2: The sale of the Canterbury Surplus Property shall be subject to the City of Tigard's right of first refusal, which right of first refusal must be exercised within a reasonable time. SECTION 3: The sale of the Canterbury Surplus Property shall be subject to the restrictions set forth in Section 3 of IWB Resolution 07-02, dated April 11, 2007, SECTION 4: The deed conveying the Canterbury Surplus Property must restrict the use of the Canterbury Surplus Property to use as a public park. SECTION 5: City authorizes, pursuant to ORS Chapter 190,the City of Tigard to declare the Canterbury Surplus Property surplus and convey the entire Canterbury Surplus Property according to the procedures for surplus property set forth in the City of Tigard's municipal code. The City of Tigard's resolution authorizing its agreement to sell the Canterbury Surplus Property will memorialize the agreement between the City and the City of Tigard regarding this sale. SECTION 6: City authorizes its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the Canterbury Surplus Property surplus and sell the Canterbury Surplus Property as surplus according to the procedures set forth in the City of Tigard's municipal code. SECTION 7: The City's Mayor is authorized to execute and deliver a deed for the conveyance of City's interest in the Canterbury Surplus Property, substantially in the form of the deed attached hereto as Exhibit B, and any other ancillary documents that may be necessary in connection with the conveyance. SECTION 8: The proceeds from the sale of the Canterbury Surplus Property shall be distributed as set forth in the Canterbury TIC or as otherwise agreed by the parties to the Canterbury TIC. SECTION 9: This resolution is effective immediately upon passage. PASSED- This day of 2008. City of King City, Mayor ATTJEq. City o King City,Rec rder Page 2 - RESOLUTION NO.R-08-14 E'_ 50010-10792.003 R-08-14 JWB CantobutyParerhA /12/312008 Exhibit A--Canterbury Surplus Property Exhibit B—Deed Page 3 - RESOLUTION NO,R-08-I4 SO411.�i79J WJJ R I1�7t/loll(.awr6ary PmmAdw1I21 OO8 r CITY OF KING CITY COUNCIL RESOLUTION NO. R-08-13 RESOLUTION TO AUTHORIZE CITY OF TIGARD TO SELL WATER BUILDING REMNANT PARCEL WHEREAS,the City of Tigard,the City of Durham,King City and the Tigard Water District each have representative members on that certain Intergovernmental Water Board ("IWB"), pursuant to an Intergovernmental Agreement, as may be amended from time to time; and WHEREAS, the IWB member jurisdictions own certain real property as tenants-in- common, including the property commonly known as the"Water Building Property", which property is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25,2007("Water Building TIC"); and WHEREAS, a portion of the Water Building Property, commonly known as the "Remnant Parcel" and described more fully below, is not being used for water system operations; and WHEREAS,the City of King City ("City") desires to sell its interest in the Remnant Parcel; and WHEREAS, the Water Building TIC provides that any sale of the Water Building Property is subject to the City of Tigard's right of first refusal; and WHEREAS, pursuant to Chapter 190 of the Oregon Revised Statutes("ORS"), City desires to authorize the City of Tigard to dispose of the entire Remnant Parcel according to the procedures set forth in the City of Tigard's municipal code for surplus property, ;. and the City of Tigard's resolution authorizing its agreement to sell the Remnant Parcel ; will memorialize the agreement between the City and the City of Tigard regarding this sale; and WHEREAS, City desires to authorize its representative to the.IWB to vote in favor of recommending to the City of Tigard that it declare the entire Remnant Parcel surplus and sell the entire Remnant Parcel as surplus property according to the procedures set forth in the City of Tigard's municipal code; and NOW, THEREFORE, BE IT RESOLVED by the City of King City that: ' is SECTION 1: City authorizes the sale of the Remnant Parcel, which property is described in ExhibitA attached hereto, for at least the appraised value. i. Page I - RESOLUTION NO.R-08-13 JpgllJg7o2 M)!F-oVF 13 I R'F7 Hemnont Panvlldw/12.3,2(X1R r SECTION 2: The sale of the Remnant Parcel shall be subject to the City of Tigard's right of first refusal,which right of first refusal must be exercised within a reasonable time. SECTION 3: City authorizes, pursuant to ORS Chapter 190,the City of Tigard to declare the Remnant Parcel surplus and to convey the entire Remnant Parcel according to the procedures for surplus property set forth in the City of Tigard's municipal code_ The City of Tigard's resolution authorizing its agreement to sell the Remnant Parcel will memorialize the agreement between the City and the City of Tigard regarding this sale. SECTION 4: City authorizes its representative to the IWB to vote in favor of recommending to the City of Tigard that it declare the Remnant.Property surplus and sell the Remnant Parcel as surplus according to the procedures set forth in the City of Tigard's municipal code. SECTION 5: The City's Mayor is authorized to execute and deliver a deed for the conveyance of City's interest in the Remnant Parcel, substantially in the form of the deed attached hereto as ExhiiZit B, and any other ancillary documents that may be necessary in connection with the conveyance. SECTION 6: The proceeds from the sale of the Remnant Parcel shall be distributed as set forth in the Water Building TIC or as otherwise agreed by the parties to the Water Building TIC. SECTION 7: This resolution is effective immediately upon passage. PASSED: This��day of 2008. City of King City, Mayor ATTE T.- City :City of King City,rer Exhibit A—Remnant Parcel Exhibit B —Deed Page 2 - RESOLUTION NO. R-08-13 soof.�6JVT.ooJ R.os.l3l w8 Rr,,.,rmrt rn,.Rnd»✓17l9J7P03 checks, drafts, deposits, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not including those "other assets" of Tigard. Personal and intangible property are system assets. ` Water mains, service installations, structures, facilities, improvements or other property necessary for operation of the City of Tigard's water supply system throughout the original District are system assets. b. Other Assets: Assets not necessary for the operation of the City of Tigard's water supply system throughout the original District. Other assets shall become the property of the jurisdiction in which the asset is located. Water mains, service installations, structures, facilities, improvements or other property not necessary for the operation of the City of Tigard's water supply system throughout the original District are other assets. B. All system assets and other assets shall be pledged by the Cities and the District to Tigard. All system assets and other assets shall be managed by Tigard and shall be utilized by Tigard in order to provide water services to properties, residences and businesses in the original District. C. Should one of the Cities or the District terminate its water service agreement with Tigard, the Cities' and the District's proportionate interest in a system asset shall be determined based upon the following formula: Jurisdiction's Proportionate Interest = (A + B + C) /3 A = Jurisdiction's Percentage of Current Consumption in original District B = Jurisdiction's Percentage of Current Real Market Value in original District C = Jurisdiction's Percentage of Current Meters in original District The Cities ' and the District's proportionate interest in a system asset capital improvement shall be based upon the capital improvement's depreciated value. The depreciated value shall be based upon the useful life of the capital improvement under generally accepted accounting principles using a straight line method of depreciation. INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 5 (12/23/93 - FINAL) D. Upon termination of this Agreement, other assets shall become the property of the jurisdiction in which the asset located. 5. Asset Ownership/Water Rates/Revenues. A. Tigard' s Utilization of Assets. (1) The Parties agree that all system assets in which the Parties have an undetermined proportionate interest and all other assets received as a result of the division of assets after withdrawal from the original District by the Cities shall be utilized by Tigard in order to provide water services to properties, residences and businesses in Durham. Durham's ownership interest in the assets shall remain though the assets are being utilized by Tigard, unless and until transferred to Tigard by agreement or operation of law. Tigard will maintain and insure the real and personal property assets it utilizes. The Parties agree to execute all documents necessaryto allow utilization of the assets by Tigard. (2) Tigard agrees that it will maintain, preserve and keep the assets it utilizes in good repair and working order. Tigard may ay appropriate from the water fund all moneys necessary to meet this obligation. (3) Tigard shall keep the assets free of all levies, liens and encumbrances except those created by this Agreement or consented to by the governing body of Durham in writing. The Parties to this Agreement contemplate that the assets will be used for a governmental or proprietary purpose by Tigard and, therefore, that the assets will be exempt from all property taxes. Nevertheless, if the use, possession or acquisition of the assets are determined to be subject to taxation, Tigard shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the assets. Tigard shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the assets. Where there is shared use of the assets, these costs will be shared in an equitable manner. (4) Tigard shall maintain (i) casualty insurance insuring the assets against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State of Oregon and any other risks reasonably required by Durham in an amount equal to at least the replacement value of the assets and, (ii) liability insurance that protects Durham, including its officers and employees, INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 6 (12/23/93 - FINAL) from liability arising from Tigard's operation of the water supply system in an amount satisfactory to Durham and (iii) worker's compensation insurance covering all employees working on, in, near or about the assets as required under the laws of the State of Oregon. Tigard shall furnish to Durham, certificates evidencing such coverage. All such insurance shall be with insurers that are authorized to issue such insurance in the State of Oregon, shall name Durham as additional insured and shall contain a provision to the effect that such insurance shall not be canceled or modified materially and adversely to the interest of Durham without first giving written notice thereof to Durham at least ten (10) days in advance of such cancellation or modification. All such casualty insurance shall contain a provision making any losses payable to Tigard and Durham as their respective interests may appear. Tigard may meet any of these requirements through a self-insurance program. Such insurance requirements may be waived in writing by the governing body of Durham. (5) To the extent permitted by law, Tigard shall indemnify, protect, hold harmless, save and keep harmless Durham from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Agreement, the ownership of any asset or any accident in connection with the operation, use, condition, possession, storage or return of any asset resulting in damage to property or injury to or death to any person; provided, however, that Tigard shall not be deemed to be indemnifying Durham for claims arising from its own conduct. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the termination of this Agreement for any reason. B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in Durham shall be the same as those charged within Tigard. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be ' limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied in both Tigard and the remainder of the original District, except INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 7 (12/23/93 - FINAL) that at the request of Durham, Tigard will collect on behalf of Durham additional charges imposed by Durham on Durham customers. C. Moneys/Revenues. (1) Moneys and revenues for system capital improvement shall be held by Tigard in a fund dedicated solely for this purpose. (2 ) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the District to system capital improvement shall be used solely for system capital improvement by Tigard in accordance with subsection 5.D. (3) Moneys deposited in a reserve fund for revenue bonds of the water system are not a system asset and are not subject to the system asset distribution formula in Section 4 of this Agreement. (4 ) The Parties agree to develop a methodology for system development charges and to impose and collect such charges in their respective jurisdictions. If any of the Cities or District fail to impose system development charges as contemplated herein, then the other parties may elect to terminate collecting system development charges within their jurisdictions. The Parties agree that <Tiqj -> [they] should collect the system development charges imposed by the District until such time as [the Cities impose their] own charge. D. Capital Improvements. ( 1) (a) Capital projects shall be implemented in accord with a long-range capital improvement program supported by sound engineering analysis, in the best interests of water customers within the original District, ignoring city boundaries. (b) The capital improvement program must be approved by the governing bodies of one less than the number of jurisdictions holding an ownership interest in the water system. A governing body may not unreasonably withhold consent if the program is supported by sound engineering analysis, is in the best interests of water customers within the original District and consistent with the goal of working together to provide all of the residents and property in the original District with a clean, economical water supply. If a proposed capital INTERGOVERNMENTAL AGREEMENT TIGARD/DURHAM - 8 (12/23/93 - FINAL) • R. �,/� _ � � � /yt/ Ac ed2d-- d S Attachment 1 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF DURHAM THIS SECOND AMENDMENT TO THIS INTERGOVERNMENTAL AGREEMENT (this "Amendment") is made and entered into as of ,JbL LL ZlO , 2007, by and between the CITY OF DURHAM, an Oregon municipal corporation, (hereinafter "Durham") and the CITY OF TIGARD an Oregon municipal corporation (hereinafter "Tigard"), hereinafter together referred to as "The Parties". RECITALS A. The Parties previously entered into that certain INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF DURHAM dated December 23, 1993 (the "IGA"), relating to the Parties' creation of the Intergovernmental Water Board (hereinafter "IWB") and the cooperative effort to serve the long term water supply needs of the residents of Durham. B. The Parties hereto desire to amend the IGA: to further ensure consistency across the jurisdictions among rates and services, to clarify the IWB votes required to change ownership of original District assets, to memorialize a new lease between the Intergovernmental Water Board and the City of Tigard for the Water Building, to establish a process for calculating and recording prorated expenses and revenues, and to allow the IWB to use proceeds from sales of assets for expenses in addition to capital improvements. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, the receipt and adequacy of which are hereby acknowledged, the Parties hereby amend the IGA as follows: 1. Paragraph 5. Asset Ownership/Water Rates/Revenues . B., is replaced with the following: Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 1 of 4 B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in Durham shall be the same as those charged within Tigard, and rates shall be consistent among those receiving water services from Tigard under this IGA. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences and businesses when the cost of providing such service is greater due to 1 unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied among all member jurisdictions, except that at the request of Durham, Tigard will collect on behalf of Durham additional charges imposed by Durham on Durham customers. 2. Paragraph 5. Asset Ownership/Water Rates/Revenues C. (2) Moneys/Revenues, is replaced with the following: (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the original District to system capital improvements shall be used solely for system capital improvement by Tigard in accordance with subsection 5.D, except that the Intergovernmental Water Board may at its discretion, and consistent with voting requirements in Paragraph 3.D. of this Intergovernmental Agreement, determine that said moneys may be used for other purposes. 3. Paragraph 5, Asset Ownership/water Rates/Revenues, G. Accounting, is added to as follows: (3) In fulfillment of the Intergovernmental Agreement's intent to reliably and methodically account for expenses and revenues, Exhibit A showing allocation of ownership interests is attached hereto and incorporated thereby as the model for documenting the use of assets by the City of Tigard. 4. Paragraph 3. Intergovernmental Water Board. D., is replaced as follows: D. A quorum of the Board shall be three (3) members. All actions of the board shall require at least three (3) votes, excluding abstentions. Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 2 of 4 E. Notwithstanding prior agreements, no more than three (3) jurisdictions' votes (from among Tigard, Durham, King City and the Tigard Water District) will be required to purchase, sell, or otherwise act with respect to the original District's real property assets. By: IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF hush� na& - Signed or attested before me on 2007,by Z7 KL-JC "LL/1 ELL L h OFFICIAL SEAL Signature of Notarial Officer GREER A GASTON •. ••' NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 3 of 4 IWB Representative for the City of Durham CERTIFICATE OF NOTARY PUBLIC , STATE OF OREGO COUNTY OF 1 Signed or attested before me on ` Jj ni, ZLJ ,2007,by Signatur f Notarial Officer OFFICIAL SEAL GREER A GASTON j l NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 4 of 4 EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CITY OF DURHAM ECONOMIC AND ENGINEERING SERVICES, INC. J80 S W Macadam Avenue,Susie 365 Porlland.OR 97201 '5011223 .3033•FAX(5031274-6248 EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD Letter Verifying System Asset and Liability Allocations from EES Final Report . 1 November I, 1994 Ms.Beverly Froude Tigard Water District 8777 S.W. Burnham Street Tigard, OR 97223 Dear Ms. Froude: Enclosed please find Economic and Engineering Services, Inc.'s (EES's) final report of system asset and.li4bility.allocations prepared for the Tigard Water District(District). The total of assets equals the total of liabilities. This total amount is $25,620,938 and is allocated as follows: Tigard Water District..................................... $5,394,464 (21.05%) City of Tigard................................................ 17,997,978 (70.25%) City of Durham............................................ 1,044,091 (4.08%) City of King City........................................... 1,184,406 (4.62%) This report and the allocations have been adopted by resolutions passed by each jurisdiction. Copies of the four resolutions are bound into this final report, immediately after this letter. Very truly yours, PRO,"XIP G'�1e`k i0�� ECONOMIC AND ENGINEERING 2 SERVICES,/INC. OREGON.r�->,-Z 6- r J�, Gilbert R Meigs ll-~ Project Manager GRM:.pp winlgmUigvd.rpl Olympia.WA Bellevue,WA Vancouver.B.0 Porlland,oR Washinglon,D.0 EX IT A SECOND AMENDMENT TO INTERGOVERNI,--ivTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD City of Tigard Analysis of Proportionate Interest Allocations Updated from Tigard Water District System Assets and Liabilities Final Report- November 1994 Allocation Basis Real Market Consumption* Value" Meters*** (A) (B) (C) District 641,523 880,511,030 3,671 Tigard 2,093,982 2,822,340,560 12,196 King City 130,395 201,727,000 1,238 Durham 74,115 116,051,350 358 2,940,015 4,020,629,940 17,463 Proportionate Interests Proportionate Change From Interests Original District 21.82% 21.90% 21.02% 21.58% 3.99% Tigard 71.22% 70.20% 69.84% 70.42% -2.96% King City 4.44% 5.02% 7.09% 5.51% -1.20% Durham 2.52% 2.89% 2.05% 2.49% 0.18% 100.00% 100.00% 100.00% 100.00% 0.00% "Other Assets" Percentages For Allocations District Tigard King City Durham District, Tigard, King City 22.13% 72.22% 5.65% 0.00% 100.00% District, Tigard 23.46% 76.54% 0.00% 0.00% 100.00% Tigard, Durham 0.00% 96.59% 0.00% 3.41% 100.00% Annual consumption from November 1, 2005 through October 31, 2006 Real Market Value (RMV) Updated as of November 7, 2006 ***Meter count updated as of October 31, 2006 Tay 6/5/20072:47 PM TWD Study Analysis_xls °.� EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD CITY OF DURHAM, OREGON RESOLUTION NO. 3Za `f tf A RESOLUTION OF THE CITY COUNCIL, CITY OF DURHAM, OREGON, TO ADOPT THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS REVISED BY THE INTERGOVERNMENTAL WATER BOARD (IWB) WHEREAS, the Tigard Water District, in accordance with Section 4 of the Intergovernmental Agreement (hereinafter "Agreement") between the City of Tigard and the Tigard Water District for Delivery of Water Service to Territories Within the District Boundaries has caused preparation of a System Assets and Liability Report; and WHEREAS, the Tigard Water District accepted the report with amendments on September 12, 1994 ; and WHEREAS, the Intergovernmental Water Board reviewed the Tigard Water District 's actions and further amendments as proposed by Tigard Water District and its consultants, Economic & Engineering Services, Inc. , and unanimously voted to recommend that the cities of Durham, King City, and Tigard formally adopt the plan; and WHEREAS, the City of Durham acknowledges that it has reviewed the report and amendments and finds its contents to be consistent with the direction given to the IWB participants within Section 4 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DURHAM THAT: SECTION 1: The conclusions contained within the Tigard Water District System Assets and Liability Report as revised by the Intergovernmental Water Board (IWB) are accepted and adopted. PASSED AND APPROVED this 2'1T-" day of µ,�ti 19 4. First Reading - -'1-qt{ Mayo Second Reading ATTEST: City Recorder wa m\ach\54038\iwatcrb.re2 pay 3 � EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD 10 iI. ;; �{ on r5 ''br ;t ;ag?egs't#itat -the 4`:� }1• w 1� ••:'O c`3yPS"Il t•'' ...1} ' ..Y',t .. `4 }:.. ,- .}+ l. D1SfF.r.a Ct :'r• in,:..t>;` •.. e :,.. ..e : iw ?Eh`', wl. rom.��tie _ci�rigna by yesVie:.cons to it__w :fthe .•-tollpwixig +concepts:. :~;�.•, �.) .;;Ash;e s..':' .l isle;'r ai °; p rsfiiial '.: jnd iht6hgible property. " rlaigilD:peiCt '' iricitides but is not limited to: moneys, checks, drafts., deposits, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not,including those "other assets" of Tigard. personal and intangible property are system assets. • eater, ;mains, service . 'installations, structures, iti;esi''�M��?rpvemihnts..,,Or ether property necessary .for M pg :oia,,. , water .8uPP1Y system {� `q rbu( hot r'tl'ei..vr2- a :p st. 4ct. �2�.': stems assets. n • •'t 1 :1' �•i.�q: .i:r.:,<,,,.••� .I.� ,,y•.i'i err� �„ i r': rq �, ;h' 1;•i'.:. ,Qt1Y,y,;Ass. ts: s,s_ets :no ?necessary for the O O n .'Ppe: at P—z—.of t e; •C'a't.' 'Qf ;T gAtd;',s water supply system A 3 1}+pt1t� e;{pr g a l +DsstX ' t.: ';.0.'ber. :assets shall p z y ;;. ,•. ;.�:;+ o Vie,; � ,,; `�pe t .d ;'°' �.$.. c on:;. dab Z. s . . its}. Ur d .. n iph.:the. Watuains„';:zp-tv��e irista'�latio�iso sructures,'.°: act l�ti`es,; 'aigpro'vemnts or other 'property o O ;ilOt E:cessax for:'the'.n eratlon..'o'f .the. 6,i:t of Ti ard's Y. g Gtm Ovate: :Is 1 s out:.the 'a 'i, final District are :. r, .,Vpp. x• .y te�p` t2x Ati9b: g '4 <aier ;acts..,_ :A. oa 3 . 11 system 'assets and other assets shall be pledged by C 1-ithe ,cities anal the District to Tigard. All system.assets. and other W) r assets shall be inanaged'by Tigard and shall be utilized by Tigard » y in order to provide water services to properties, residences and y businesses in the original District. i C. Should one of the Cities or the District terminate its water service agreement with Tigard, the Cities' and the District's proportionate interest in a system asset shall be determined based . upon the following formula: Zruri$ci}ctYou;':s ,Pro o tionate Interest .(A + B + C) f3 ori:'.s:. ez.�entage.pf Cuarirent.CQnsumption,in . :'.;�;,..:r �.f',''i.i. •±:�: �i�:}174:1:QyY�� ''N s�f,��l:r :,•r, �i :•'; :.1�1�. �.;, •::,••': .. �. , '. � . - , i. S•�: •�'�. ''>.'l,,j, :'(•1+,••r. 1JL}� .!i 1L xt..�l�,1;}��,t.':.•.:'i. `� 5 .'''1. .=i..,.,t '1-;•,:r 44.1:• 7•::1;t.r .�••;=..]=:r .�� •': '1'la•,r :~I I'. �j::' '.�a J:,:+,n..��,,�,i.Jl•i��a].4��:a.,�5-1i]�:•:{, •�Lt ,';<;j'; .•',.': ,;< ,. 4:;:ST ti:��}•�r/ct'iT�X►�:ee , ezita' e`..',/ Cur�rentl eal . :Market }.•:'.�;�, :I:t•Y .,'iris, :•.,..'. `1 t.. .,. •:.i('t'1. '.11.`.'+.r': t. i .�,;�•.'1•,,.,ryg .,??, tR • ._ ?•�.',. '�.;•:1:;,• ;_3�:)_.,r'j•y�;ii?i�'t1,Pym•..:3.1?,�P,��t,.'C�1T1'��.''.D.s4•"ur::��Gt' .r•.S"."•�� rr ..,. : ... .. �T7 C - Jurisdiction's Percentage of -Current Meters in . original District `7'h-e. Cities' and.the D#trict's proportionate interest in a System, :asset :cap tel ••1mprovement shall be based upon the capital imprgvement'.s. . epe!cated .value;.` ,The depreciated value shall• be eased, :!ugor� ::th�e•.`5. $ u;l,.'•:ljfe..:of. :the capital improvement under gel 3—a]Yy ,'a cep e 'taccQuntxpgr.:princ ples. .using a, straight line 1: ... �. 1 ;method..Df.•depreGa.a't4.bri. ' �' :r.;'.•�1 'i��';4'l.• + a TsJ. k:..,L. t.:'; , ••yi,�.,.. .},-•r',�,{.•..',: • •_. '•:i'. `.� ;.�:'; .,t:R.�•,1ypb�;;;�te i�at;�;:on:�.-cf�F. ';-A ipe7it:I�`��:pt�ier ;assets y,a •',' ;' ��:�:'I"•.i�E•ej fel'_ ,. ,, :_-:i'r." ... i •rJ�r. .t ', _. ,.,�w.:-'+r: l.;-.. � �,. ., �.�{L �l. •becoue;:.tbe; ., pery;'roftr ic' 2e is �� ,4 .��, .. ��;'. I. r� ::nen �w��.ch tyle:;�ss.et. looat'ed.i .:.'1'.. It114..I.r.r,}CM �vxt:.�'�,,.' y ,.:•, •_",.'.r 1 {4 • _ City of Tigard 13129 SW Hall Blvd. Tigard, OR 97223 Phone: 903-639-4171 TIGARD FAX TRANSMITTAL Date December 3, 2008 Number of pages including cover sheet 3 To: WThe City of King City (Fax No. 503-639-3771) )eThe 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. LIENGFAxDOT Intergovernmental Water Board — Agenda SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, December 10, 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 —November 12, 2008 Action: Motion to approve the November 12, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Water Supply Update - Mr. Goodrich 5. Consider a Resolution Recommending the City of Tigard Sell the Water Building Remnant Parcel —Mr. Koellermeier Action: Motion to approve Resolution No. 08-02 recommending the City of Tigard sell the Water Building remnant parcel. 6. Consider a Resolution Recommending the City of Tigard Sell the Canterbury Surplus Property—Mr. Koellermeier Action: Motion to approve Resolution No. 08-03 recommending the City of Tigard sell the Canterbury surplus property. 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 9. Non-Agenda Items Call for non-agenda items from the Board. INTERGOVERNMENTAL WATER BOARD AGENDA— DECEMBER 10, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 oft 10. Future Agenda Items ■ Water Conservation Program Presentation. ■ 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: ■ January 14, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment Action: Motion for adjournment. Executive Session The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. 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. INTERGOVERNMENTAL WATER BOARD AGENDA-DECEMBER 10, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 oft INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 08- D2� RESOLUTION RECOMMENDING THE CITY OF TIGARD SELL THE WATER BUILDING REMNANT PARCEL WHEREAS, the member jurisdictions of the Intergovernmental Water Board ("IWB") own certain property as tenants-in-common, which property is commonly known as the "Water Building Property" and is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25, 2007 ("Water Building TIC"); and WHEREAS, a portion of the Water Building Property, commonly known as the "Remnant Parcel", included in the Water Building TIC, and described more fully below, is not being used for water system operations; and WHEREAS, the Remnant Parcel has been appraised at $50,000; and WHEREAS, the IWB has determined that no adjustment is needed to the ownership percentages under Section 5 of the Water Building TIC as a result of, or at the time of, the sale of the Remnant Parcel; and WHEREAS, pursuant to the Water Building TIC, the sale of the Remnant Parcel is subject to a right of first refusal in favor of the City of Tigard; and WHEREAS, at least 3 of the 4 member jurisdictions of the Board have or will adopt resolutions authorizing the City of Tigard to sell the Remnant Parcel subject to the provisions of the City of Tigard's municipal code and subject to certain limitations and conditions; and WHEREAS,the IWB has determined that the Remnant Parcel is not part of the leased premises under the Water Building Lease (as defined in the Water Building TIC); and WHEREAS, the IWB serves an advisory role to the Tigard City Council. NOW, THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board that: SECTION 1: The Intergovernmental Water Board hereby recommends the City of Tigard declare the Remnant Parcel surplus and sell the Remnant Parcel, depicted in Exhibit A attached hereto, according to the applicable provisions of its municipal code. SECTION 2: Such sale of the Remnant Parcel must be subject to the City of Tigard's right of first refusal,which must be exercised within a reasonable time. Page 1 - IWB RESOLUTION NO. 08- 5001 a-36792.001 Remnant Parcel R6Sdoc',G 12 4 2008 SECTION 3: The Remnant Parcel must be sold for at least the appraised value of $50,000. SECTION 4: Proceeds from the sale of the Remnant Parcel shall be distributed as set forth in the Water Building TIC or as the parties to the Water Building TIC may otherwise agree. SECTION 5: The members of the Intergovernmental Water Board approve the Tenancy in Common Agreement Memorandum attached hereto as Exhibit B. SECTION 6: This resolution is effective immediately upon passage. PASSED This 10)t day of ��.Gl" , 2008. Chair, Intergovernmental Water Board ATTEST: IWB Recorder Exhibit A— Remnant Parcel Exhibit B— Tenancy in Common Agreement Memorandum Page 2 - IWB RESOLUTION NO. 08- D cl—, 50014-36791.003 Remnant Parcel RES.dac�G'1114;2008 r Exhibit A Remnant 4 Parcel ONO 7 i Opp 21 NORTH ✓� r- M' ` ;'t 71 - Map pnnted at 13-Nov-08 11.DOW _ DATA IS DERNED FROM WLTIFIE SOURCES THE CITY DFTIGARD MNNE—O WARRANTY REF tESENTATION OR 1E� GUARANTEE AS TO TME CONTENT ACCURACY TaJFA.INESS OR COMPLETENCITY OF OF ANY OF AU DATA EIIpgLM K—HERMF THE Y E OF TNJ.RD SRALL A-;SLIME WICCBR CIEStNANY ERRORS OM15510N5 OR 6YACU REG DlE950 ROW AIONRROVIC,fO 7T t City of 4r Tigard t � 17125 SW Hall BMd � TrT ;� ` T"gard.OR 972.'3 `♦ 503679-4171 T+ t II lops 1 g vAvw e9a dor gov Exhibit B TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM ("Memorandum") is made as of the date of the last signature below by and among the City of Tigard, City of Durham, City of King City and the Tigard Water District (collectively, the "Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007 (the"TIC"). Capitalized terms used but not defined herein shall have the meanings as set forth in the TIC. B. Pursuant to the TIC, at least three(3)of the four(4) representative jurisdiction Owners must vote to sell a portion of the Water Building Property(the "Remnant Parcel"). The Remnant Parcel is more fully described on Exhibit A attached hereto. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Remnant Parcel. APPROVALS 1. Sale of Remnant Parcel. The Owners have voted, by a majority, to sell the Remnant Parcel subject to City of Tigard's right of first refusal. The Remnant Parcel may not be sold for less than the appraised value. 2. Notice to City of Tigard. This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal, as required pursuant to the TIC. 3. No Adjustment. As of the date hereof, no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Remnant Parcel, the Remnant Parcel shall automatically be released from the TIC. 4. Water Building Lease Not Affected. The parties confirm that the Remnant Parcel is not included in the leased premises described in the Water Building Lease. 5. Counterparts. This Memorandum may be executed in counterparts, each of which, when taken together, shall constitute a fully executed original. [Signature page follows.] Page I -MEMORANDUM 30014-36792-001 1 a8057.doc10ATU11/11/1008 IN WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OF TIGARD,an Oregon municipa CITY OF DURHAM,an Oregon municipal corporatio corporation By: By: �LAIV�6) Gf V-L0 Name: G'2IC-�'r-hk;J Name: 1PPrv21c_K V/ • C,prep LL Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: 0 0 Dated: o`Z U /0 CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal orporation municipal se ice distri Name:A2aar 444, 40,1 H`t Name: ")-/,,>c/fie d �e� Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: > O Dated: Exhibit A -Remnant Parcel Page 2 - MEMORANDUM 50014-36792003 148057.docIOXN'11.11.2008 I Exhibit A Remnant ,r ,a Parcel <: 1 wo 4w • i lip dr NORTH �I�IJJ • t Ap }� _ ,-, T� � R� Map pnnted at 13-Nov-08 11 00 AM 4 - OF IS DERNE S FROM MULTIFYE SOURCE`.THE CRr 1� OF TIfLINE MANES N LETS MTV.REPRESENTATION OFT ORA GUARANTEE AS TO TME CON ENT ACCURACY TIMELI EV5 ER IN THE C"O OFA OF TME SUM ' - RROVIDED XEREIN THE Dm OF TIGARD SMALL ASSUME NO LNlILITY FOR ANY ERRORS.--S OR 'T 7 INACCVRADIES M TME INFO N RRONOED REGAROLERS OF Nq4 CAUCAUSED Ys •t�f• -� T'/ r City of SAI vt W-W Tigard t CltyofTtgordf i I i WN 13125 SW Hdl Blvd TA ` Tigard.OR 97223 r+_1 • - ` 503639171 t 1 0 r g T www.tigerd-or gor � i I.. INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 08- 63 RESOLUTION RECOMMENDING THE CITY OF TIGARD SELL THE CANTERBURY SURPLUS PROPERTY WHEREAS, the member jurisdictions of the Intergovernmental Water Board ("IWB") own certain property as tenants-in-common, which property is located on Canterbury Lane, Tigard, Oregon (the "Canterbury Property"), and is more fully described in that certain Tenancy in Common Agreement between the member jurisdictions dated June 25, 2007 (the "Canterbury TIC"); and WHEREAS, on April 11, 2007, the IWB unanimously passed Resolution No. 07-02, attached hereto as Exhibit A, recommending that a portion of the Canterbury Property be declared surplus ("Canterbury Surplus Property") in accordance with the City of Tigard's surplus property procedures; and WHEREAS, this Resolution seeks to carry out the sale of the Canterbury Surplus Property in accordance with IWB Resolution No. 07-02; and WHEREAS, the Canterbury Surplus Property has been partitioned and appraised at $605,000; and WHEREAS, the IWB has determined that no adjustment is needed to the ownership percentages under Section 5 of the Canterbury TIC as a result of, or at the time of, the sale of the Canterbury Surplus Property; and WHEREAS, pursuant to the Canterbury TIC, the sale of the Canterbury Surplus Property is subject to a right of first refusal in favor of the City of Tigard; and WHEREAS, at least 3 of the 4 member jurisdictions of the Board have or will adopt resolutions authorizing the City of Tigard to sell the Canterbury Surplus Property subject to the provisions of the City of Tigard's municipal code and subject to certain limitations and conditions; and WHEREAS, the IWB serves an advisory role to the Tigard City Council. NOW, THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board that: SECTION 1: The Intergovernmental Water Board hereby recommends the City of Tigard declare the Canterbury Surplus Property surplus and sell the Canterbury Surplus Property, described in Exhibit B attached hereto, according to the applicable provisions of its municipal code. Page 1 - IWB RESOLUTION NO. 08- 0.3 50014-36792.003 Canterbury RF.S.dnc'.G-4214,2008 SECTION 2: Such sale of the Canterbury Surplus Property must be subject to (i) the City of Tigard's right of first refusal, which must be exercised within a reasonable time, and(ii) the conditions set forth in IWB Resolution No. 07-02. SECTION 3: The Canterbury Surplus Property must be sold for at least the appraised value of$605,000. SECTION 4: Proceeds from the sale of the Canterbury Surplus Property shall be distributed as set forth in IWB Resolution No. 07-02 or as the parties to Canterbury TIC may otherwise agree. SECTION 5: The members of the Intergovernmental Water Board approve the Tenancy in Common Agreement Memorandum attached hereto as Exhibit C. SECTION 6: This resolution is effective immediately upon passage. PASSED: This /6X day of 2tC -nt%a.c,---, 2008. �a,� W - G,,,JJ Chair, Intergovernmental Water Board ATTEST: IWB Recorder Exhibit A— IWB Resolution 07-02 Exhibit B—Canterbury Surplus Property Exhibit C —Tenancy in Common Agreement Memorandum Page 2 - IWB RESOLUTION NO. 08- ,6 3 500/4-16792.003 Canrcrhury RES.dac1G'12r42008 Exhibit A Revised 4/11/07 INTERGOVERNMENTAL WATER BOARD RESOLUTION NO. 07- D 2— A A RESOLUTION OF THE INTERGOVERNMENTAL WATER BOARD (IWB) RECOMMENDING TO THE TIGARD CITY COUNCIL THAT A PORTION OF THE CANTERBURY PROPERTY BE DECLARED SURPLUS AND ADDRESSING OTHER ISSUES RELATED TO THE DISPOSITION OF THE PROPERTY WHEREAS, a portion of the water facility known as the "Canterbury property" is not being used for water operations; and WHEREAS,the IWB has determined that potential future water system expansion/improvements on the unused property can be preserved by retaining an water easement on the southeast corner of the parcel; and WHEREAS, the City of Tigard has expressed an interest in purchasing the unused portion of the property in order to develop a park on the site; and WHEREAS,the Tigard Water District (TWD), owner of record for the Canterbury property,has authorized the sale of the property, at not less than the appraised value,to the City of Tigard for the purpose of constructing a park; and WHEREAS,the IWB serves an advisory role to the Tigard City Council; and WHEREAS,the IWB has identified several conditions related to the disposition of the unused Canterbury property. NOW,THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board as follows: SECTION 1: The Canterbury property, located at 10310 SW Canterbury Lane, Tigard, Oregon, (2S111BCO26000), shall be partitioned, generally as depicted on the attached map (Exhibit 1).That portion of the site after partitioning(hereafter, "the Property") that is not retained in fee for water system use shall be offered for sale as provided for in this Resolution. SECTION 2: The IWB recommends to the Tigard City Council that the Property,generally as depicted on the attached map (Exhibit 1), be declared surplus in accordance with City of Tigard surplus property procedures. Intergovernmental Water Board RESOLUTION NO.07- 6.2-- Page 1 of 2 SECTION 3: In any conveyance of the Property to any person the grantor(s) shall reserve not less than a 50-foot by 50-foot easement for future water system use in the southeast corner of the property, generally as depicted on the attached map (Exhibit 1), and a conservation easement for the area now leased to the Tigard Area Historical and Preservation Association,the easement to be limited to the sole use of maintenance of the historical John Tigard House and no other purpose. SECTION 4: The City of Tigard at its initiative and expense may conduct an independent appraisal and title search of the portion of the property that is offered for sale. The property shall be offered for sale at its fair market value as determined by the appraisal or by any commercially reasonable means. SECTION 5: The City of Tigard shall have the right of first refusal on reasonable terms,including a reasonable time limit within which the option must be irrevocably exercised,to purchase the unused portion of the Canterbury property at the appraised price. The appraisal shall reflect the value of the reserved easements as described in this Resolution as offsets to the present market value of the Property. SECTION 6: Any proceeds from the sale of the Property shall be credited to the Water Capital Improvement Project Fund. SECTION 7: The resolution is effective immediately upon passage. it PASSED: This day of 2007. w\ Bill Scheiderich,President Intergovernmental Water Board ATTEST: Greer Gaston, IWB Recorder Intergovernmental Water Board RESOLUTION NO.07-Z2Z - Page 2 of 2 Canterbury 117 Jo OF- Easement Area Murdock El Exhibit B _ CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO.44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET; THENCE SOUTH 8950'49" EAST A DISTANCE OF 247.22 FEET;THENCE NORTH 01°19'00" EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11, 2005;THENCE NORTH 89°37'51"EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005-144029;THENCE NORTH 0.199'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE;THENCE NORTH 89°37'51"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE; THENCE SOUTH 0119'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING,CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. Exhibit B SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS. 7REGISTEIRIEDPSSIONALLAURVEYOR OREGON JULY 25.1990 - CHARLES L.WILEY 2474 SIGNED: Wi-atzoob EXP:6/30/2010 r � Exhibit B - SW CANTERBURY LANE NNS89_37'S1"W- _ _ S 893751" W_ 298.16' _ C1; ' N 89 3751' E 141.49' gkNl y N8937'51"E 247.58' VV- ~ - - ---- - 3 � I g o H FUTURE _ CONSERVATION I C3 LOT 5 '1'I(;A}2DVIL.LE HEIGHTS N N o ^ EASEMENT o r `D PARCEL 1 o I____ �* 89,520 SQ. FT N N893751 E 136.66' -------- Lli 2.06 ACRESto o tr n `t — N 8937'48" E 247.44' _ to — — — — — — — — — — — — — — I o to OiD-PROPERTY LINE W z r. Q to I r TRANSFER PARCEL LOT 6 TIGARDVILLE HEIGHTS o I Z 48,698 SQ. FT 115 a 1.12 ACRES o 0 o PARCEL 2 O vi od 133,309 SQ. FT I WEST LINE OF °f 0 3.06 ACRES 3 SW 114 OF NW � o 1/4 OF SECTION 11 S89'50'49"E 247.22' 20' I. NEW PROPERTY UNE N 20�LOT 7 TIGARDVILLE HEIGHTS i FUTURE I WA IER IEASEMENT I N89'5O'49"W 525.23' N ' - - - - - - - - - - - _ T - NW COR DLC #44 SW MURDOCK STREET jN{ o6d O pp� O V SCALE 0 50 100 200 N I - { FEET ) - 1 INCH = 100 FT � I X v DESIGNED BY: CW CHECKED BY: CPC CITY OF TIGARD DRAW 8Y: YEN APPROVED BY. Cy_ fA$ LAST EDIT: 0410 oB PLOT DATE: 4.09.08 PROPERTY LINE ADJUSTMENT DATE BY REV REVISION PARCELS 1 , 21 AND TRANSFER PARCEL WARD WASHINGTON OR �>r+r SCALE: PROJECT NO. VRA WING ALE NAME: SHEETCL 1 34251 34251-SURV-EXOO 1 �`_o J Exhibit C TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM("Memorandum") is made as of the date of the last signature below by and among the City of Tigard,City of Durham,City of King City and the Tigard Water District(collectively,the "Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007 (the"TIC"). Capitalized terms used but not defined herein shall have the meanings as set forth in the TIC. B. Pursuant to the TIC, at least three (3)of the four(4)representative jurisdiction Owners must vote to sell a portion of the Property (the"Canterbury Surplus Property"). The Canterbury Surplus Property is more fully described on Exhibit A attached hereto. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Canterbury Surplus Property. APPROVALS 1. Sale of Canterbury Surplus Property. The Owners have voted, by a majority, to sell the Canterbury Surplus Property subject to City of Tigard's right of first refusal. The Canterbury Surplus Property may not be sold for less than the appraised value. 2. Notice to City of Tigard. This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal,as required pursuant to the TIC. 3. No Adjustment. As of the date hereof,no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Canterbury Surplus Property, the Canterbury Surplus Property shall automatically be released from the TIC. Owners hereby assign any and all leases affecting the Canterbury Surplus Property to the buyer, effective as of the closing of the sale. 4. Remaining Property. For purposes of the TIC, the legal description for the Property following the sale of the Canterbury Surplus Property shall be as set forth in Exhibit B attached hereto. 5. Counterparts. This Memorandum may be executed in counterparts, each of which, when taken together, shall constitute a fully executed original. Page 1 - MEMORANDUM 50014-36792.003 148807.dacV%N11!ill/2008 IN WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OF TIGARD,an Oregon municipal CITY OF DURHAM,an Oregon municipal corporation corporation By: By: _�'. � �. CjXrVjA0 Name: Name: QqT'RceWc W. L A,9LL Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative r Dated: 0 Dated: CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal se ce distric By: By: — ..ems Name 'wr W. "s st Name: Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: ! � ! r� b� Dated: /D2 /o T Exhibit A—Canterbury Surplus Property Exhibit B—Remaining Property Page 2 - MEMORANDUM SOOT 4-36792.003 148807.doc10XN/11/f 1/2008 EXHIBIT A CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO.44,BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W.MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET;THENCE SOUTH 89050'49" EAST A DISTANCE OF 247.22 FEET; THENCE NORTH 01°19'00" EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11, 2005;THENCE NORTH 890375 l" EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005-144029;THENCE NORTH.01'19'00" EAST ALONG THE EAST LINE OF-SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144029,SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE;THENCE NORTH 89°37'51"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE;THENCE SOUTH 01019'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. EXHIBIT A SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072.292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON A)�Y 25.,990 CHARLES L WILEY - 2474- SIGNED: -7/Ig(2mb EXP:6/30/2010 I r - EXHIBIT A SW CANTERBURY LANE NS8937'51"W_ _ _ S 8937'51" W_ 298.16' _ N 89'3751 E 141.49' N8937'51"E 247.58' 8�-TSF-136.¢6 _ A ___ _ 3 I � 0 o N FUTURE ' CONSERVATION I p U)T S '1IGARD`JILLE HEIGH'T'S N $ `' EASEMENT 0 ui `O PARCEL 1 Hz ------------� I �* 89.520 SQ. FT N8937S1 E 136.66' 2.06 ACRESco o � co 8937'48" E_247.44' w — ,°6 _ _ — I _ _ _ _ - - - - - OLD PROPERTY LNELOT 6 TIGARI)VILLE HEIGHTS TRANSFER PARCEL I 2 48.698 SO. FT o�c C14 1.12 ACRES W PARCEL 2 O co 0 0 0 WE5T LINE OF °1 3 0 1 3.06 ACRES 3 I SW 1/4 OF NW o 0 1/4 OF 2Z rn SECTION 11 — — — — — — — — — — — — — — — — — — — — — — — — — B — S89'50'49E 24 7.22' 20' NEW PROPERTY UNE ry 20r 0 LOT 7 TICARDVILLE HEIGHTS I FUTURE WATER EASE11fNT N89'50'49'W 525.23' _ci — — — — CA _ NW COR a DLC f44 SW MUROOCK STREET n r SCALE 0 50 100 200 N I ( FEET ) - - 1 INCH = 100 FT � I 0 a DMWEO BY CW CxECXED BY: GPC i DRANK BY.. TEN APPROKV BY.- O CITY OF TIGARD h LAST.MT. 04107 oe PLOT GATE: 4.09.08 PROPERTY LINE ADJUSTMENT O DATE BY IREVII REVIS,aN PARCELS 1 , 2, AND "°° TRANSFER PARCEL P-0-07t.6--Orm TICARO W'ASHNGTAN OR VSCALE: PRO.ECT NO. DRAMNG FILE NAME: SHEET 1 ........_ L--LL=100' 34251 34251-SURV-EXOO 1 � J EXHIBIT B - CANTERBURY PROPERTY PARCEL L LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOTJTWFST ONE QUARTER ---"THE NOR HWEST'ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY,STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44,BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37 EAST-251.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF TI -SOL"WEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET, PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01°16'07" EAST ALONG SAID LINE A DISTANCE OF 195.82 FEET TO THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A WARRANTY DEED AS BOOK 276, PAGE 659 RECORDED JULY 31, 1947; THENCE NORTH 89°37'48" EAST ALONG THE SAID SOUTH LINE OF SAID BOOK 276, PAGE 659 A DISTANCE OF 247.44 FEET TO THE SOUTHEAST CORNER OF SAID BOOK 276, PAGE 659; THENCE SOUTH 01 0 19'00" WEST LEAVING SAID SOUTH LINE OF BOOK 276, PAGE 659 A DISTANCE OF 198.09 FEET; TEIFNCE.NORTH 89°50'49" WEST PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF S:W.MURDOCK STREET-A DISTANCE OF 247.22 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 48,698 SQ.FT., 1.12 ACRES MORE OR LESS. ' REGISTERED PROFESSIONAL LAND SURVEYOR "L.WILEY SIGNED: -1/1»(leo 6 EXP:6/30/2010 9755 SW Barnes Road, Suite 300 Portland, OR 97225 • 1- 503.626-0455 f 503.526.0775 www.whpacific.com EXHIBIT B PARCEL II: A TRACT OF f AND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF _ - THE NOR T I I NT."T CNE - - - - - QUARTER OF SEC"T[ON-.-- 1 i,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44 BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37"EAST 25.57 FEET TO A _ POINT THAT IS 20.00 FEET-BAST OF THE WEST LINE OF TFIRSOUTHWEST - ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 01°16'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET, PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01016'07" EAST ALONG SAID LINE A DISTANCE OF 360.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY STREET; THENCE NORTH 89°37'51" EAST ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY STREET A DISTANCE OF 247.58 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN FEE NUMBER 2005-144209 RECORDED NOVEMBER 11, 2005; THENCE SOUTH 01°19'00" WEST LEAVING SAID SOUTH RIGHT-OF-WAY LINE ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSIN OF SAID FEE NUMBER 2005-144209 A DISTANCE OF 363.09 FEET; THENEENORTH 89050'49" WEST PARALLEL WITH TI,E NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET A DISTANCE OF 247.22 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 89,520 SQ.FT., 2.06 ACRES MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25,19% CHARLES L.WILEY 2474 SIGNED:'YIg ,Zomog EXP:6/30/2010 9755 SW Barnes Road, Suite 300 Portland,OR 97225 • T 503.626.0455 f 503.526.0775 www.whpacific.com r _ EM181T e SW CANTERBURY LANE _ N S8937'51"W _ _ S 893751' W_ 298.16' _ N 893751" E 141.49' n j N8937'S1"E 247.58' 3 i'F-1-'36S`_r A -- - --_-- 3 1 0 g o N FUTURE I 4, CONSERVATION 'i' .`i 'I' I p LOT HP:IGH'I'S ti oo `' EASEMENT 0 O cn � r I . PARCEL I o 8 l(o 9,520 SQ. FT N89J7'51E 136.66'z Ll 2.06 ACRES o � � I N N 8937'48" E 247.44' _ _�+ k 00 I ^o OLD PROPERTY-LINE a iu 2 n Q I p TRANSFER PARCEL 0, LOT 6 TIGARI)VII,I.E HEIGHTS Z 48,698 SQ. FT I 1.12 ACRES o, a�W 0 0 o PARCEL 2 I WEST LINE OF rn c6 a 133,309 SQ. FT 3 SW 1/4 OF NW 3.06 ACRES I 1/4 Of W o SECTION 1 1 — — — — — — — — — — — — — — — — — — — — — — — — — — S8950'49 E 247.22' —?0•_ NEWPROPERTY LINE e - 201_ LOT 7 TICARDVILLE HEIGHTS r---- I I FUTURE I 11 WA TER IEASEAIENT - N89'50'49"W - 525-23' o -NW COR DLC #44 SW MURDOCK STREET 4 F SCALE 0 50 100 200 N � I _ _ ( FEET ) 1 INCH = 100 FT h I k O d OEsICNEO BY. cw CHECKED BY: Gpc ORAW Br: TEN APPROVED BY. CW— CITY OF TIGARD tS' tAsr EOfG 0410 oe PLOT DATE: 4.09.OB PROPERTY LINE ADJUSTMENT DATE BY Rivil RELisION CKD APPR m PARCELS 1 , 2, AND TRANSFER PARCEL $ ncATro wASRTRcrON OR SCALE: PROJECT NO. ORAINNC FlLE NAME: SHEET 1 o w-�— 1"=100' 34251 34251-SURV-EXOO 1