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1995-05210-Order No. 95-023 Recorded 2/2/1995REV EWE 95~05 210 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO LE 0138-0091"64 An Order Accepting the Engineer's Report Relating to the Improvements of a Certain Dedicated Public Road Known as a portion of Galen Road, Deschutes County, Oregon, Setting the * w Hearing for Remonstrances, and Authorizing the Director of Public Works to Give Notice of Said Hearing. ORDER NO. 95-023 ",- WHEREAS, the Board of County Commissioners, by Resolution 94-110 initiated the improvement of a certain dedicated public road known as a portion of Galen Road; and WHEREAS, the County Engineer investigated the improvement, and estimated the cost of the improvement, and a cost estimate of this improvement has been prepared in accordance with Deschutes County Code 12.48.150; and WHEREAS, it is necessary that notice, pursuant to Deschutes County Code 12.48.190, be mailed to each benefited property owner; and WHEREAS, it is necessary that a hearing be held for the purpose of hearing remonstrances to said improvement; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the Engineer's Report relating to the improvement of certain dedicated public roads known as a portion of Galen Road, Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference incorporated herein, be accepted and hereby approved. Section 2. That a hearing be set on March 1, 1995, at 10:00 a.m. at the Juvenile Justice Building, 1128 NW Harriman, Bend, Oregon, 97701 for the purpose of hearing remonstrances to said improvements. Section 3. That the Director of Public Works be authorized to notify benefited property owners of the said hearing and proposed improvement, in a form substantially as contained in Exhibit "B", attached hereto and by this reference incorporated herein. ORDER NO. 95-023 Y ACE R 01EI) z 1995 17 ?`ettfi sJ ' 00 0138-0255 DATED this day of dZ` 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON l W BAR 'H. S AU ER, CHA MAN E T: 6 N Y OPE C LAN EN, MMI S Recording Secretary „� , -� L. NIPPER, COMMjS9IONER ORDER NO. 95-023 EXHIBIT "A" 0138-0266 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: GARY JUDD, DEPARTMENT OF PUBLIC WORKS DATE: JANUARY 27, 1995 SUBJ: ENGINEER'S REPORT FOR GALEN ROAD L.I.D ********************************************************************************** This report is made pursuant to Section 12.48.170 of the Deschutes County Code concerning the engineering investigation by the Deschutes County Public Works Department of proposed local improvements. Deschutes County received a request from certain property owners to improve certain dedicated public roads known as a portion of Galen Road in Deschutes River Woods subdivision near Bend, Oregon. Due to this request, the Deschutes County Board of Commissioners initiated a Local Improvement District by Resolution No. 94-110, signed on December 7, 1994. The Resolution was referred to the Deschutes County Public Works Department for an engineering investigation of the proposed road improvements in accordance with Deschutes County Code 12.48.150. This report constitutes the engineer's findings. General Description of Improvements and surrounding Area The area for which the improvements are sought constitutes a portion of a subdivision south of the Bend Urban Growth Boundary known generally as Deschutes River Woods. The subdivision is accessed either from Brookswood Boulevard or from Highway 97 by way of Baker Road. Galen Road accesses River Woods Drive (designated as a collector on the Transportation Plan Map). Galen Road then goes generally east to it's intersection with Ute Lane, where improvements requested in the petition would end. River Woods Drive is a County maintained road. Although, Ute Lane is paved it is a dedicated public way not maintained by the County. If the proposed improvements are approved, the Department will recommend to the Board of Commissioners improving and establishing Ute Lane as a maintained County Road. A map of the area is attached hereto as Exhibit 1. 0138-026"7 Proposed Improvements The roads to be improved are rural local streets under the transportation plan, meaning that the purpose of these roads is to carry local traffic and serve primarily lots abutting the subject streets. See DCC 17.08.620(F). The construction standards for local streets are found in the County subdivision ordinance. See DCC 17.48.010. The relevant standards are set forth in Section 17.48.050 and Table A. Those standards require a pavement width of 28 feet, a base depth of 6 inches of crushed aggregate and a surface of 0-9 mat or 2" of AC. Roads must be designed to the safety and design standards of the American Association of State Highway and Transportation Officials (AASHTO). These standards as adapted to rural local streets reflect the designation and function of the improvement as a local street. The road standards may be varied up to 10% by the County Engineer. This engineer's report has been drafted anticipating that the work to be done will meet that rural local standard, except that the pavement width has been reduced by 10%. The following is a description of the proposed work under those standards: Mobilization - normal mobilization costs incurred in preparation of the work. Construction Survey in - setting of slope stakes, subgrade stakes and base stakes for the contractor to construct the road. Traffic Control - signs and flaggers will be provided to warn, safeguard, protect, guide, and inform the public and workers. Sub rg ade - earthwork will be required to construct subgrade. There will be some construction required to provide proper drainage. Base - placing, shaping, compacting, and fine grading of base will be required. A six inch depth of aggregate base will be utilized. The finished width shall be 34 feet measured between the edge of shoulders. Paving - the paving will be an 0-9 asphaltic penetration macadam (oil mat) or a two inch asphaltic concrete surface. The pavement will be 26 feet in width. Miscellaneous Work - resetting mailboxes, moving utilities, and obtaining right-of-way. Engineering and Administration - the expenses incurred by the County in the preparation of plans and specifications, inspection, surveying, accounting, and payment collection, and interim financing costs. From staff s review of the proposal and the site, it does not appear that there is anything that would make the proposal unfeasible from a technical standpoint. All right-of-way is dedicated to the public with a width of fifty feet. Except for areas where the current road base does not align with the right-of- way, the roads to be improved are already laid out and in use. The terrain is flat in nature, there are no obvious areas where roadway excavation would be required. 0138-0268 Estimated Actual Cost - Under DCC Chapter 12.48, assessments for local improvements may include in the costs to be assessed to benefiting properties the "actual cost" of the local improvement project. "Actual costs" includes all direct or indirect costs incurred by the County to undertake a capital construction such as that proposed by Resolution No. 94-110. "Actual cost" includes but is not limited to the cost of labor, materials, supplies, equipment rental, property acquisition, permits, engineering, financing, legal, administration, depreciation, amortization, reserve for delinquencies, or defaults, and debt service. Administrative expenses may include those incurred in preparation for formation of a local improvement, such as meeting with property owners, preparing and processing the feasibility report, and providing notice and conducting hearings. The estimate of the probable actual cost of the proposed local improvement, including interim financing, is $116,550. Attached as Exhibit 3 is a detailed schedule of the cost estimate. The estimated construction costs are based on 1994 project costs for similar types of construction. A 15% contingency has been added to the construction cost estimate to cover unexpected cost overruns due to unforeseen construction complications and to reflect the possibility of higher construction costs due to increase in the cost of materials. Boundaries of the Local Improvement District DCC Chapter 12.48 requires that properties to be assessed be included within the boundaries be included within the boundaries of a designated local improvement district (LID). Properties to be included in a LID are properties that are benefited by the proposed local improvements. Attached as part of Exhibit 2 of this report is a map showing the boundary of the proposed local improvement district and the benefited properties, along with the location of the local improvement and the roads to be improved. Properties abutting a street improvement are presumed under Oregon law to benefit from such construction. Accordingly, except as noted herein, the boundaries of the LID have been drawn to include those properties that abut the improvements. Because the roads are designated as rural local roads and will be constructed to standards appropriate for rural local roads, properties that do not abut the improvements will not be included within the LID. The boundaries include 28 lots. Of the 28 lots, 22 have residences on them which amounts to 79% of the lots being developed. Seven properties that abut the local improvements are not included in the LID. Properties described as: 18-11-25-130-4100; 18-11-25-130-8000; 18-12-25-130-8200, 18-12-25-130-8300, and 18-12-25-130-8400 have frontage on River Woods Drive and were included in the earlier River Woods Drive local improvement district. Two properties described as: 18 -12 -25 -BO -6600 and 18-12-25-130-7500 take access from the paved Ute Lane. A description and assessed value of each lot or parcel to be specially benefited by the local improvement and included within the LID boundaries, with the names of the record owners, is attached as Exhibit 4 of this report. 0138-0269 Proposed Method of Assessment The recommended method of assessment to arrive at a fair apportionment of the actual cost of the local improvement to the properties specially benefited is to divide the total cost of the project by the number of specially benefited lots. This per lot apportionment method is recommended due to differing lot sizes, shapes and frontages, the presence of corner lots, and takes into account densities prescribed by zoning in the area. The differences amongst the lots make for difficulties in apportionment if an alternative apportionment method based on frontage or acreage were to be used. Since all of the lots have more or less an equal size, it is reasonable to assume that each abutting lot will have only one residence; therefore, the usage of the improvements would be the same per lot regardless of the frontage a particular lot has. The boundaries of the LID have been drawn to include only properties that abut the proposed improvements. All included properties are zoned RR -10. Given the existing zoning, the size of the subject parcels and the nature of existing zoning, the size of the subject parcels and the nature of existing development in the area, it is reasonable to assume that future development on the vacant lots in the proposed LID will be for residential uses. In summation, the actual costs of the improvements will be apportioned by dividing the actual costs of the improvements by the number of lots specially benefiting from the improvements. Estimated Assessments The estimated assessment against each lot or parcel is shown on the property list described in Exhibit 4 of this report. The estimated assessment is ($116,550 / 28) $4,162.50. EXHIBIT "I" m 0IJH 0138-0270 EXHIBIT "T' 0138-%02 71 1 1 - • a c M LL 8 ; a CD N_ Cot SJ �D •O S :� 'O.tL• co 0 O O O O ° n— •� g rh : �' � ,, �O 3 cc) o N +�� ot-� 0 10 a V ~ \ p� N w�c2 '+ 1 9• a o° i. 325. ry �. ° ~ ~ •ry..Lt•�•�O � � NNH PP M 3-11 0 It vV CD 'S Li ':,,•.�� � - 'off` � � � (S ,6 BLt ^ O r �1 / Q1 a N g G /�� O ^ �,oC n �4i �f � , �•fG. F` O OD O M • N(\I 1 r� • 11 a �•, Q M '^ r/ N O '0 •� d is;w4 r ��'1 n fib. �j OD O rn m— N o 1n 1 N O o _ F W °o N i T •a'n N N O CMD W co CNJ N 'r1 b d .�ytL'S• s'i�k� ?? e D / Oho% :� y O Ol r ° 45 as ✓ : •,O\d?� J O = v � Jo`O M (Yu 011 L 0 (1 l.L �O e M si V O O sy i 0 ~ V/ 4"0 NT rO N f OD 00 f +w O O n CJ O N •o L ► QR NCc"V N G ti OD Ii aI Z In E? °- o -sem O °a O =•L n c 0138-0272 EXHIBIT "3" GALEN ROAD LOCAL IlVIPROVEMENT DISTRICT COST ESTIMATE ITEM QUANTITY UNIT PRICE COST MOBILIZATION ALL Lump Sum $ 9,000 SURVEYING ALL Lump Sum 6,000 TEMP. PROT. & DIRECT ALL Lump Sum 500 TEMP. SIGNS 150 s.f. $ 6.00 900 FLAGGERS 100 hrs. $20.00 2,000 CLEARING & GRUBBING ALL Lump Sum 8,000 EARTHWORK ALL Lump Sum 1,000 FINISHING ROADBED 2100 ft. $1.50 3,150 WATERING 300 m.gal. $10.00 3,000 6" OF BASE 8000 S.Y. $3.00 24,000 2" OF A.0 6000 s.y. $3.50 21,000 DRAINAGE ALL Lump Sum 500 DRIVEWAY 35 ea. $300.00 10,500 $ 89,550 Construction Contingency (151/o) 13,500 Engineer & Administration (15%) 13,500 COST $116,550 0138-02'73 EXHIBIT "4" GALEN ROAD L.I.D. PROPERTY OWNERS PROPERTY ASSESSED ESTIMATED NO. NAME DESCRIPTION VALUE COST 1. VOOS, DAVID J 18-11-25B 4200 $19,985.00 $4,162.00 VOOS, KIM 1 61181 PARRELL RD BEND, OR 97702 2. KNOWLES, STEVEN M 18-11-25B 4300 $71,825.00 $4,162.00 KNOWLES, LINDA J 19377 PIUTE CIR BEND, OR 97702 3. SMITH, PATRICK W 18-11-25B 4400 $35,385.00 $4,162.00 SMITH, VERAMAE 1 19245 GALEN RD BEND, OR 97702 4. JOHNSON, JEFFREY M 18-11-25B 4500 $105,195.00 $4,162.00 JOHNSON, HEATHER R 19238 GALEN RD BEND, OR 97702 5. HAMPSHIRE, FRED N 18-11-25B 4600 $41,785.00 $4,162.00 HAMPSHIRE, DOLORES 19242 GALEN RD BEND, OR 97702 6. POAGE, LORAN 18-11-25B 4700 $28,215.00 $4,162.00 POAGE, CAROLYN 65260 HWY 20 W BEND, OR 97701 7. REECE, WALTER E 18-11-25B 4800 $13,220.00 $4,162.00 9522 VONS DR GARDEN GROVE, CA 92641 8. GARNSEY, PHYLLIS J 18-11-25B 4900 $49,455.00 $4,162.00 20964 WEST VIEW DR BEND, OR 97702 9. GAYLORD, FRANCES A 18-11-25B 5000 $58,755.00 $4,162.00 1750 LISCHER AVE MCKINLEYVILLE, CA 95521 10. MALES, ALEXANDER MICHAEL 18-11-25B 5100 $59,460.00 $4,162.00 MALES, BARBARA LYN 19266 GALEN ROAD BEND, OR 97702 11. PAULSON, DARWIN J PAULSON, JUDITH K 601 E VIRGINIA GLENDORA, CA 91740 12. MOORE, BRIAN MOORE, JANINE 19276 GALEN RD BEND, OR 97702 13. HERRERA, CONSTANCE MARIE PO BOX 6747 BEND, OR 97708 14. EVANS, WILLIAM R CO -TRUSTEE EVANS, JACQLYN R CO -TRUSTEE 80460 DELIGHT VALLEY SCHOOL RD COTTAGE GROVE, OR 97424 15. HAVERLY, JONATHAN C HAVERLY, JANICE E 19288 GALEN RD BEND, OR 97702 16. WALLIS, NORMAN F & NAOMI LYDIA TRUSTEES WALLIS FAMILY REVOCABLE LIVING TRUST 19296 GALEN RD BEND, OR 97702 17. WALLIS, NORMAN F & NAOMI LYDIA TRUSTEES WALLIS FAMILY REVOCABLE LIVING TRUST 9296 GALEN RD BEND, OR 97702 18. CHAMBERLAIN, THOMAS J CHAMBERLAIN, WANDA N TRUSTEES 19306 GALEN RD BEND, OR 97702 19. TOLSTOY, ALEX J 19312 GALEN RD BEND, OR 97702 20. AMMONS, KENNETH M NEAL PRISCILLA 19313 GALEN RD BEND, OR 97702 0138-02'74 18-11-25B 5200 $15,110.00 $4,162.00 18-11-25BB 5300 $102,410.00 $4,162.00 18-11-25BB 5400 $76,660.00 $4,162.00 18-11-25BB 5500 $44,955.00 $4,162.00 18-11-25BB 5600 $71,100.00 $4,162.00 18-11-25BB 5700 $44,340.00 $4,162.00 18-11-25BB 5900 $113,090.00 $4,162.00 18-11-25BB 6000 $65,820.00 $4,162.00 18-11-25BB 6100 $34,710.00 $4,162.00 18-11-25BB 6200 $71,310.00 $4,162.00 21. CLEMPSON, EILEEN %MURPHY & GOLD APC(A) 5146 DOUGLAS FIR RD STE 201 CALABASAS, CA 91302 22. LYUBLANOVITS, STEPHEN C 19330 GALEN RD BEND, OR 97702 23. MALES, ALEXANDER MICHAEL MALES, BARBARA L 19266 GALEN RD BEND, OR 97702 24. SERNA, MANUEL J 432 E SILVA ST LONG BEACH, CA 90805 25. THOMAS, STANLEY A THOMAS, J MAXINE 19325 GALEN RD BEND, OR 97702 26. NEAL, PRISCILLA AMMONS, KENNETH M 19313 GALEN RD BEND, OR 97702 27. SHRODE, WILLIAM L SHRODE, LAURETTA E PO BOX 9511 BEND, OR 97708 28. SMITH, PATRICK W SMITH, VERA MAE 1 19245 GALEN RD BEND, OR 97702 0138-0275 18-11-25BB 6300 $15,110.00 $4,162.00 18-11-25BB 6400 $70,350.00 $4,162.00 18-11-25BB 6500 $15,110.00 $4,162.00 18-1 1-256B 7600 $17,000.00 $4,162.00 18-11-25BB 7700 $69,030.00 $4,162.00 18-11-25BB 7800 $96,635.00 $4,162.00 18-11-25BB 7900 $88,550.00 $4,162.00 18-11-25BB 8100 $92,275.00 $4,162.00 0138`02'76 EXHIBIT "B" NOTICE OF PROPOSED ROAD IMPROVEMENT DATE: <date> TO: <name> <address> <city>, <state> <zip> DESCRIPTION OF IMPROVEMENT PROJECT: Galen Road LID DESCRIPTION OF BENEFITED PROPERTY: <tax lot> Estimated Cost of Improvement: $116,550.00 Estimated Amount of Assessment: $4,162.50 The Board of County Commissioners has initiated the above improvement. The County Engineer has made a favorable report to the Board of County Commissioners regarding the proposed improvement. Upon completion of the proposed improvement, the roads will be accepted into the County Road System, and will be maintained by Deschutes County. The total estimated cost of the proposed improvement and the proposed amount of the assessment against your land is as shown above. If you object to the proposed improvement and assessments shown in the Engineer's Report, you are required to file with the Board of County Commissioners, c/o Department of Public Works, 61150 S.E. 27th within 20 days of the date of this notice, c the proposed improvement before the Board of will be held on March 1, 1995 at 10:00 a.m. Juvenile Justice Building, 1128 NW Harriman, 0 written objection, if any, Deschutes County Street, Bend, Oregon 97702, r at the public hearing on County Commissioners, which in the Deschutes County Bend, Oregon, in order to stop this improvement. If more than 500 of the owners of land representing more than 500 of the total amount of the assessment for the proposed improvement file objections, the proposed improvement will be declared abandoned and no new resolution shall be filed within a period of one year. If the required number of objections are not received, the improvement will proceed and you will be notified of the actual assessment when it is determined by the Engineer. This assessment, as finally approved by the Board of County Commissioners, will be entered into the lien docket of Deschutes County and will be released when the assessment is paid in full. Owners may apply to make payments in installments which can be paid over a ten-year period. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON LARRY RICE, Director of Public Works, On Behalf of the Board of County Commissioners