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1994-26542-Order No. 94-097 Recorded 6/24/1994REVIEWED 94-26542 tw� 94"25282 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Imposing a Lien for System Development Charges and Approving an * 343 ZF Application to Finance System Development Charges for Deschutes Family Housing Limited Partnership. b1'35 -24c" f ORDER NO. 94-097 r WHEREAS, pursuant to Deschutes County Code 15.12, Deschutes -Family Housing Limited Partnership applied to make the payment of system development charges imposed upon a project in installments; and WHEREAS, the Board considered the application, established the interest rate on the unpaid principal balance at six percent per annum, and, pursuant to ORS 223.208, exercised its option to make the lien upon the real property for the system development charge a second lien; and WHEREAS, the applicant, having waived all irregularities or defects, jurisdictional or otherwise, in the proceedings to authorize the system development charges and the imposition of the charges; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Pursuant to Deschutes County Code chapters 12.48 and 15.12 and Resolution 93-104, the Board of County Commissioners of Deschutes County, Oregon, hereby imposes a lien for a system development charge against Lot 1, Healy Meadows, Deschutes County, Oregon, in the principal amount of $37,142.00. Section 2. The interest rate upon any unpaid principal of a lien for the system development charges imposed herein shall be six percent (6%) per annum. Section 3. An application to finance system development charges shall be for not more than 20 semi-annual payments of principal and interest. Section 4. The application, the original of which is attached hereto, to finance system development charges pursuant to the Bancroft Bonding Act, ORS 223.205 to 223.300 for Deschutes Family Housing Limited Partnership, an Oregon Limited Partnership, in the principal amount of $37,142.00 for Lot 1, Healy Meadows, Deschutes County, Oregon is hereby approved. Section 5. That the lien in the above principal amount, shall be a lien of second priority, pursuant to ORS 223.208. PAGE 1 OF 2 - ORDER NO. 94-097 (6/22/94) KEYCHEG 1� 5 1994 i. t. 0135-2481 343 .1 2944 Section 6. That notice of this order, in substantially the following form, be published in a newspaper of general circulation in Deschutes County, Oregon on or before July 1, 1994: Public Notice Notice of Assessment The Board of County Commissioners of Deschutes County, Oregon at its regular board meeting on June 22, 1994, adopted Order No. 94-097 assessing Lot 1, Healy Meadows, Deschutes County, Oregon, in the principal amount of $37,142.00 for system development charges, pursuant to Deschutes County Code chapters 12.48 and 15.12. The property owner, Deschutes Family Housing Limited Partnership, agreed, pursuant to an application under the Bancroft Bonding Act, ORS 223.205, and 223.210 to 223.295, to make payment of the system development charges in twenty (20) or fewer semiannual installments, together with interest at six percent (6%) per annum on all unpaid system development charges. Upon failure of the property owner to make the required payments of the assessment in accordance with the application to finance system development charges, the property assessed will be subject to foreclosure. Section 7. The County Clerk shall, upon the recording of this order, record and index it upon the lien docket of Deschutes County, known as Assessment District Liens. DATED this 22nd day of June, 1994. AT T: Recording Secr tary RD OF COUNTY COMMISSIONERS DESCHUTES COUNTY. OREGON NANCY/POPE §CHLANGEN, Chair M ") OM HROOP, o71zz ioner " V l�� BARRY H. SLAUGHTER, C mmissioner PAGE 2 OF 2 - ORDER NO. 94-097 (6/22/94) 0135-2482 343 - 2,245 APPLICATION TO FINANCE SYSTEM DEVELOPMENT CHARGES (BANCROFT BONDING ACT, ORS 223.205 TO 223.300) TO THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON: Pursuant to the provisions of the Act of the Legislature of the State of Oregon, known as the "Bancroft Bonding Act," (ORS 223.205 to 223.300, as amended), applicant makes application to finance system development charges imposed as a result of an application for a building or placement permit for new construction in unincorporated Deschutes County, Oregon, pursuant to Chapter 15.12, Deschutes County Code, and Resolution No. 93-104. The applicant and property owner of the property described below does hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to authorize the system development charges and in the imposition of the charges, and acknowledges that applicant is indebted and the property legally charged with a lien for system development charges. Applicant agrees to pay the system development charges in twenty (20) or fewer semiannual installments, together with interest at six percent (_6_21o) per annum on all unpaid system development charges. The interest shall be paid semiannually in addition to and at the time each principal payment is made. The installments shall be due and payable on the 1 st day of December, 1994, and thereafter on the 1 st day of April and the 1 st day of December in each subsequent year until all principal and interest is paid. Applicant is the owner of the following -described property against which system development charges have been imposed. LEGAL OWNER/APPLICANT: Deschutes Family Housing Limited Partnership 2303 SW 1st Street, Redmond, Oregon 97756 PROPERTY SUBJECT TO SYSTEM DEVELOPMENT CHARGES: Lot 1, Healy Meadows, Deschutes County, Oregon AMOUNT OF SYSTEM DEVELOPMENT CHARGES: $ 37,142 IN WITNESS WHEREOF, the applicant(s) has hereunto set his/her authorized signatures(s). DATE: June 20, 1994 APPLICANT(S): Sharon Miller, Secretary APPLICANT(S): Community Action Foundation of Central Oregon General Partner Holmes Hurley Bryant Lovhen ® Lynch nrn AN cvs nr I AW 40 N.W. Greenwood P.O. Box 1151 Bend, Oregon 97709-1151 (503) 382-4331 Fax (503) 389-3386 0135-2483 343 '-2246 NOTICE This application shall constitute payment of the system development charges imposed upon the real property when the application is approved by order of the Board of County Commissioners of Deschutes County, Oregon, and recorded in the appropriate lien docket. Failure to make semiannual payments of principal and interest may result in the sale of the real property to satisfy a delinquent lien pursuant to ORS 223.510 to 223.595. (kj k : cocaa 10.016/824) STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) I, MARY SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS RECORDED THIS DAY: BQ DEPUTY Y. NO. FEE DESCHUTES COUNTY OFFICIAL RECORDS Holmes Hurley Bryan hvhen ® Lynch \TT()R NGYS AT LAW 40 N.W. Greenwood P.O. Box 1151 Bend, Oregon 97709-1151 (503) 382-4331 Fax (503) 389-3386