1995-05248-Order No. 95-024 Recorded 2/2/1995EWED
EVI
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LEG COUNSE
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
0138-035'7
An Order Accepting the Engineer's
Report Relating to the Improvements
of Certain Dedicated Public Roads
Known as a portion of Apache Road
and a portion of Lakeview Road,
Deschutes County, Oregon, Setting the
Hearing for Remonstrances and
Authorizing the Director of Public Works
to Give Notice of Said Hearing. * `=
ORDER NO. 95-024 -
WHEREAS, the Board of County Commissioners, by Resolution 94=:111
initiated the improvement of certain dedicated public roads known--ps a
portion of Apache Road and a portion of Lakeview 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 Apache Road and a
portion of Lakeview 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 February 22, 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.
Z1- i1IVOFiEC
1995
ORDER N0. 95-024 1!.:r.%ul'JAED�/'1,,,,^'
[t0 ,t 0 11995
0138-0358
DATED this 0251-4 day of , 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A S .
A
Recording Secre ary
ISSIpNER
ROBEgT L. NIPPER, COMA19
ORDER NO. 95-024
EXHIBIT "A"
0138-0359
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GARY JUDD, DEPARTMENT OF PUBLIC WORKS
DATE: JANUARY 13, 1995
SUBJ: ENGINEER'S REPORT FOR APACHE 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 Apache Road and a portion of Lakeview Drive 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. 94-111, 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.
Apache Road directly accesses Baker Road (designated as a collector on the Transportation Plan Map). Apache
then goes generally south to it's intersection with Lakeview Drive, at approximately 50 feet south of this
intersection improvements to Apache Road will end. The improvements to Lakeview Drive will began
approximately 50 feet west of the intersection with Apache Road and continue to Cinder Butte Road (designated
as a Collector on the Transportation Plan Map). Both Cinder Butte Road and Baker Road are County maintained
roads.
A map of the area is attached hereto as Exhibit 1.
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.
0138-0360
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 - 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.
Subgrade - 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 generally flat in nature, with some areas of rolling terrain where
roadway excavation may be required. If slopes extend outside of the right-of-way easements will be obtained
from the property owners affected.
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. 94-111. "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
$213,800.00. 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.
0138-0361
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 50 lots. Of the 50 lots, 34 have residences on them which is 68%.
Four properties that abut the local improvements are not included in the LID. Those properties are described as:
18 -11 -25 -AO -5700; 18 -11 -25 -AO -3600; 18-12-30-130-9900, and 18-12-30-130-9800. Each of these properties are
a corner lot located at an intersection and were included in the Baker Rd./ Cinder Butte Rd. local improvement
district.
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.
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, estimated to be $213,800, will be apportioned by dividing the
actual costs of the improvements by the number of lots specially benefiting from the improvements (50 lots).
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 on 50 lots would be $4,276.00 apiece.
0138-0362
EXHIBIT "I"
D
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1 < _
0138-0363
EXHIBIT "213
0138-0364
EXHIBIT "3"
APACHE ROAD
LOCAL IMPROVEMENT DISTRICT
COST ESTIMATE
ITEM QUANTITY UNIT PRICE COST
MOBILIZATION
ALL
Lump Sum
$15,000
SURVEYING
ALL
Lump Sum
10,000
TEMP. PROT. & DIRECT
ALL
Lump Sum
1,000
TEMP. SIGNS
150 s.f.
$ 6.00
900
FLAGGERS
150 hrs.
$20.00
3,000
CLEARING & GRUBBING
ALL
Lump Sum
11,700
EARTHWORK
2000 c.y.
$10.00
20,000
FINISHING ROADBED
3900 ft.
$1.20
4,700
WATERING
350 m.gal.
$10.00
3,500
6" OF BASE
15000 s.y.
$3.00
45,000
2" OF A.0
11000 s.y.
$3.00
33,000
DRAINAGE
ALL
Lump Sum
1,000
DRIVEWAY
50 ea.
$300.00
15,000
$163,800
Construction Contingency (15%)
Engineer & Administration (151/o)
25,000
25,000
TOTAL L.I.D. COST $213,800
0138-0365
EXHIBIT "B"
NOTICE OF PROPOSED ROAD IMPROVEMENT
DATE: <date>
TO: <name>
<address>
<city>, <state> <zip>
DESCRIPTION OF IMPROVEMENT PROJECT: Apache/Lakeview LID
DESCRIPTION OF BENEFITED PROPERTY: <tax lot>
Estimated Cost of Improvement: $213,800.00
Estimated Amount of Assessment: $4,276.00
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 written objection, if any,
with the Board of County Commissioners, c/o Deschutes County
Department of Public Works, 61150 S.E. 27th Street, Bend, Oregon 97702,
within 20 days of the date of this notice, or at the public hearing on
the proposed improvement before the Board of County Commissioners, which
will be held on February 22, 1995 at 10:00 a.m. in the Deschutes County
Juvenile Justice Building, 1128 NW Harriman, Bend, Oregon, in order to
stop this improvement. If more than 5001 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
0138-0366
EXHIBIT "B"
APACHE/LAKEVIEW L.I.D.
PROPERTY OWNERS
PROPERTY
ASSESSED
ESTIMATED
NO.
NAME
DESCRIPTION
VALUE
COST
1.
BRIDEN, RICHARD D
181125 AO 01100
$16,250.00
$4,276.00
4000 W RIVERSIDE DR B
BURBANK, CA 91505
2.
HOWCROFT, JOHH N
181125 AO 01200
$71,145.00
$4,276.00
19542 APACHE RD
BEND, OR 97702
3.
COOK, CAMERON
181125 AO 01300
$71,205.00
$4,276.00
COOK, ALLEN
COOK, CLARICE P
19548 APACHE RD
BEND, OR 97702
4.
HUME, RICHARD N
181125 AO 01400
$90,885.00
$4,276.00
19554 APACHE RD
BEND, OR 97702
5.
ATKINS, JOHN W
181125 AO 01500
$16,250.00
$4,276.00
2717 N FREDERIC
BURBANK, CA 91504
6.
SMITH, RODNEY DEE
181125 AO 01600
$73,180.00
$4,276.00
19566 APACHE RD
BEND, OR 97702
7.
JENSEN, ERIC RICHARD
181125 AO 01700
$104,830.00
$4,276.00
JENSEN, PEGGY D
19572 APACHE RD
BEND, OR 97702
8.
JENSEN, ERIC R
181125 AO 01800
$15,110.00
$4,276.00
JENSEN, PEGGY D
19572 APACHE RD
BEND, OR 97702
9.
MORRIS, CAROL L
181125 AO 01900
$92,165.00
$4,276.00
20119 REED LN
BEND, OR 97702
10.
MORRIS, LYNDA B
181125 AO 02000
$77,175.00
$4,276.00
19590 APACHE RD
BEND, OR 97702
0138-0367
11.
HYDE, WALTER W
181125 AO 02100
$69,270.00
$4,276.00
HYDE, ANNA S
19594 APACHE RD
BEND, OR 97702
12.
VOILES, DAVID
181125 AO 02200
$101,050.00
$4,276.00
VOILES, JEANNE
19600 APACHE RD
BEND, OR 97702
13.
EMERSON, DOUGLAS A
181125 AO 02300
$15,110.00
$4,276.00
19579 APACHE RD
BEND, OR 97702
14.
EMERSON, DOUGLAS A
181125 AO 02400
$74,010.00
$4,276.00
19579 APACHE RD
BEND, OR 97702
15.
EMERSON, DOUGLAS A
181125 AO 02500
$16,250.00
$4,276.00
19579 APACHE RD
BEND, OR 97702
16.
SCHEETZ, DRAKE J
181125 AO 02600
$16,250.00
$4,276.00
16311 NOSONI RD
APPLE VALLEY, CA 92307
17.
STEGURA, STEPHEN R
181125 AO 02700
$94,825.00
$4,276.00
STEGURA, MARTHA
10052 N. RANCHO SONORA DR.
TUCSON, AZ 85737
18.
MCCANN, HARRY R
181125 AO 02800
$68,515.00
$4,276.00
PO BOX 9542
BEND, OR 97708
19.
PAFFRATH, ROBERT JOHN
181125 AO 02900
$47,915.00
$4,276.00
19549 APACHE RD
BEND, OR 97702
20.
KREFT, JEFFREY DAVID
181125 AO 03000
$81,530.00
$4,276.00
KREFT, LYDIA ANN
19541 APACHE RD
BEND, OR 97702
21.
FISHER, HARRY B
181125 AO 03100
$18,890.00
$4,276.00
FISHER, FREDA B
2136 NE 11 PL
BEND, OR 97701
22. MCKINNEY, MARGARETTE
MCKINNEY, RITA
%MCKINNEY, STAN LEYJOSEPH(L.E.)
1837 NW HARRIMAN ST
BEND, OR 97701
23. SPENST, NORMAN
SPENST, JOYCE
53345 HOLTZCLAW
LAPINE, OR 97739
24. WILSON FAMILY TRUST
WILSON, AARON G TRUSTEE
WILSON, MARJORIE B TRUSTEE
60306 LAKEVIEW RD
BEND, OR 97702
25. SNYDER, GLEE A
60265 LAKEVIEW DR
BEND, OR 97702
26. STEGURA, STEPHEN R
STEGURA, MARTHA A
%ASH, MARY E (L.E.)
1777 S MONUMENT TRAIL
TUCSON, AZ 85748
27. BRIDEN, RICHARD D
4000 W RIVERSIDE DR B
BURBANK, CA 91505
28. STEELE, BRUCE J
110 S PROSPECT AVE #6
REDONDO BEACH, CA 90277
29. WEAVER, E C
WEAVER, MARGIE
19595 APACHE RD
BEND, OR 97702
30. PENNER, DONALD
PENNER, ROSE MARY
19599 APACHE RD
BEND, OR 97702
31. ZAPATA, JESUS A
ZAPATA, JANET M
19605 APACHE RD
BEND, OR 97702
0138-0358
181125 AO 03200 $18,890.00 $4,276.00
181125 AO 03300 $16,250.00 $4,276.00
181125 AO 03400 $78,010.00 $4,276.00
181125 AO 05600 $74,805.00 $4,276.00
181125 AO 07100 $17,000.00 $4,276.00
181125 AO 01000 $16,250.00 $4,276.00
181230 BO 04500 $15,110.00 $4,276.00
181230 BO 04600 $32,770.00 $4,276.00
181230 BO 04700 $76,380.00 $4,276.00
181230 BO 04800 $60,470.00 $4,276.00
0138-0369
32.
HAYWARD, ROBERT W
181230 BO 04900
$79,870.00
$4,276.00
HAYWARD, JENNIFER A
19609 APACHE RD
BEND, OR 97702
33.
PISTEY, FRED W
181230 BO 05000
$16,250.00
$4,276.00
KIRKMAN, ROSE S(A)
2512 W 185TH ST
REDONDO BEACH, CA 90278
34.
GOLTZ, EDWARD A
181230 BO 05100
$13,505.00
$4,276.00
** EAGLES, ARTHUR (CB)
9619 APACHE RD
BEND, OR 97702
35.
CRISTIANO, VINCENT M
181230 BO 05200
$50,225.00
$4,276.00
19627 APACHE RD
BEND, OR 97702
36.
CRISTIANO, VINCENT M
181230 BO 05500
$18,495.00
$4,276.00
19627 APACHE RD
BEND, OR 97702
37.
KING, RICHARD
181230 BO 05600
$88,370.00
$4,276.00
KING, SYLVIA
19635 APACHE RD
BEND, OR 97702
38.
MILLS, GRANT E
181230 BO 05700
$44,505.00
$4,276.00
MILLS, ROBERT G
60292 CINDER BUTTE
BEND, OR 97702
39.
MILLS, GRANT E
181230 BO 05800
$45,685.00
$4,276.00
MILLS, ROBERT G
60292 CINDER BUTTE
BEND, OR 97702
40.
MILLS, ROBERT G.
181230 BO 05900
$16,250.00
$4,276.00
MILLS, FRANCES
MILLS, GRANTEE & LISA
1243 S. HWY 97
BEND, OR 97702
41.
COFFELL, DIANE C
181219 CO 09000
$75,175.00
$4,276.00
COFFELL, DANA B
PO BOX 7653
BEND, OR 97708
42.
ZADE, MARVIN L
181219 CO 09100
$88,715.00
$4,276.00
ZADE,MARILYNN C
PO BOX 9413
BEND, OR 97708
43. MORRIS, CAROL L
61396 S HWY 97 #106
BEND, OR 97702
44. NYE, CARYL LYNN
PO BOX 1026
BEND, OR 97709
45. GOODPASTURE, CASSIAN
GOODPASTURE, MICHELLE
19638 APACHE RD
BEND, OR 97702
46. HELLE, ERIC WILLIAM
19644 APACHE RD
BEND, OR 97702
47. TRAVESS, TRINA A
344 NW DELAWARE #4
BEND, OR 97701
48. ROCHIN, DON V
ROCH IN, MARY M
PO BOX 8203
BEND, OR 97708
49. WHEELER, MERLIN G
WHEELER, CAROL S
RT 2 BOX 363
BANDON, OR 97411
50. FOSTER & FOSTER HOME SERVICES
COMPANY
16307 BATES ROAD
BEND, OR 97707
0138-03'70
181219 CO 09200 $93,115.00 $4,276.00
181219 CO 09300 $82,955.00 $4,276.00
181219 CO 09400 $65,655.00 $4,276.00
181219 CO 09500 $55,340.00 $4,276.00
181219 CO 09600 $62,770.00 $4,276.00
181219 CO 09700 $73,695.00 $4,276.00
181124 DO 12700 $86,900.00 $4,276.00
181124 DO 12800 $15,110.00 $4,276.00