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1995-05653-Resolution No. 95-034 Recorded 2/23/199595-05653 95-0528 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF A Resolution Correcting and Readopting A Resolution Determining and Certifying Final Assessments for Local Improvements against Certain Benefitted Real Property within Seminole Circle L.I.D., Setting Terms for Payment, and Requiring Notices. RESOLUTION NO. 95-034 REVIEWED $NO LEGAL Mg?f _EL DESC , iOREGON �6 '✓" �$o 013"W2 W2 ci WHEREAS, the Board of County Commissioners of Desch—utevs County, Oregon, has caused, pursuant to Order No. 94-092, certain local improvements to be made to Seminole Circle, a dedicated public road in Deschutes County, Oregon; and WHEREAS, said improvements have been completed, all costs have been accounted for on the project and a final assessment reflecting actual costs of the project has been determined for each benefitted property; and WHEREAS, all benefitting property owners have been notified of the amount of the final assessment and the time for hearing on the final assessment; and WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, held such hearing on February 8, 1995 in accordance with law to fix the final assessment for the subject improvements benefitting certain real property in Seminole Circle L.I.D. in Deschutes County, Oregon; and WHEREAS, the Board adopted Resolution 92-029 to impose the final assessments for the local improvements to Seminole Circle on benefitted properties and said resolution inadvertently included the wrong final assessment list as Exhibit A; and WHEREAS, said final assessment list was recorded in error in the Local Improvement District Lien records of Deschutes County; and WHEREAS, Resolution 95-029 and the lien docket should be corrected to reflect the correct final assessment amounts; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, RESOLVES as follows: Section 1. Correction and Readoption of Resolution 95-029. The Board corrects and readopts Resolution 95-029, with corrected Exhibit A attached, as set forth in Sections 3 through 8 herein. This Resolution 95-034, shall replace Resolution 95-02 Opted on February 15, 1995. KQ 1 - RESOLUTION NO. 95-034 (2/22/95) ��� Nf�� Pl,s ;:O iii ED nDF� 4 ` 719,95 0138-M 366 0981 Section 2. Correction of Liens Recorded Under Resolution 95- 029. Any entries made by the County Clerk in the Local Improvement District Lien record or its equivalent pursuant to Resolution 95- 029 shall be corrected by replacement of the final assessment lien amounts imposed under Resolution 95-029 with the final assessment lien amounts imposed under this correcting Resolution 95-034. Said correction shall occur by recordation of a release signed by the Board Chair releasing the individual liens docketed as receipt numbers 95-04713 through 95-04726 in the local improvement district lien docket immediately after entry of the corrected lien amounts in the local improvement district lien docket or its equivalent. Section 3. Determination of Final Assessment Amounts. The final assessments for local improvements to Seminole Circle, a dedicated public road, are hereby determined and declared in the amounts listed in Exhibit "A" attached hereto and by this reference incorporated herein as to each property listed therein. Section 4. Certification and Imposition of Assessments. The final assessments listed in Exhibit "A" are hereby certified and imposed against the listed properties as of the date of this order. Section 5. Payment Options and Terms. Pursuant to ORS 371.655, property owners shall have the option of paying the assessment in full by March 22, 1995 or, upon application made to the Director of Public Works, by installment payments under terms set forth in Section 6 below. The terms included in this resolution shall apply to current owners of assessed properties and to their successors in interest. Section 6. Notice of Assessments. The Director of Public Works shall cause to be published notice of the final assessment on March 1, 1995 and on March 8, 1995 in a form in substantial compliance with that set forth in Exhibit "B". A copy of said notice of the final assessments along with an application and agreement to finance improvements, as set forth in Exhibit "C", attached hereto and by this reference incorporated herein shall be mailed to the owner of each property to be assessed. Section 7. Rate of Interest. The rate of interest to be charged on final assessments or portions thereof that are unpaid as of March 22, 1995 shall be nine percent (9%) per annum. 2 - RESOLUTION NO. 95-034 (2/22/95) 0138+0504 366 - 0982 Section 8. Lien. This resolution shall be filed with the County Clerk and the County Clerk shall, upon the filing of this resolution, record and index it upon the appropriate lien docket of Deschutes County. Such final assessment liens shall have priority over all other liens and encumbrances whatsoever on the assessed properties, except tax liens. DATED this 22nd day of February, 1995. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON X" M5 1 /#r" BARRY H. S UGHT , Chairman ANCY irE C G N, Comms loner ROB - T L. NIPPER, Commissioner 3 - RESOLUTION NO. 95-034 (2/22/95) EXHIBIT "A" SEMINOLE CIRCLE L.I.D. FINAL ASSESSMENT LIST 0138-0505 366 0983 PROPERTY FINAL NAME DESCRIPTION ASSESSMENT AMOUNT Otis Anderson 18 -11 -36 -DO -08300 $2,703.12 Lot 20 Block D 95"05268 Deschutes Riverwoods Brownel D. Patt 18 -11 -36 -DO -08400 $2,703.12 Lisa Patt Lot 21 Block D y5-05289 Deschutes Riverwoods Richard H. Keeble 18 -11 -36 -DO -08500 $2,703.12 Lisa M. Keeble Lot 22 Block D 95'05290 Deschutes Riverwoods Paul A. Decelles 18 -11 -36 -DO -08600 $2,703.12 Janelle M. Decelles Lot 23 Block D Deschutes Riverwoods 95-05291 Paul D. Williamson 18 -11 -36 -DO -08700 $2,703.12 Kelly L. Williamson Lot 24 Block D 95"05292 Deschutes Riverwoods Donald Hagerty 18 -11 -36 -DO -08800 $2,703.12 Sandra Hagerty Lot 6 Block E 95-05293 Deschutes Riverwoods Donald Hagerty 18 -11 -36 -DO -08900 $2,703.12 Sandra Hagerty Lot 7 Block E Deschutes Riverwoods 95-05294 Nicholas S. Steinbach 18 -11 -36 -DO -09000 $2,703.12 Sybilla Steinbach Lot 8 Block E 95"05295 Deschutes Riverwoods John P. Weis 18 -11 -36 -DO -09100 $2,703.12 Maria D. Weis Lot 9 Block E 95-05296 Deschutes Riverwoods Dennis V. Deem 18 -11 -36 -DO -09200 $2,703.12 Maryann Deem Lot 10 Block E Deschutes Riverwoods EXHIBIT "A" CONTINUED 806 ,. 0984 PROPERTY FINAL NAME _ _ -9 DESCRIPTION ASSESSMENT AMOUNT Dennis V. Deem 18 -11 -36 -DO -09300 $2,703.12 Maryann Deem Lot 11 Block E 95~05298 Deschutes Riverwoods Daniel Varon 18 -11 -36 -DO -09400 $2,703.12 Lot 12 Block E 95"05299 Deschutes Riverwoods Toynette C. Butolph 18 -11 -36 -CO -00700 $2,703.12 Troy Shane Butolph Lot 5 Block E 95-05300 Deschutes Riverwoods Jim*K. Bickell 18 -11 -36 -CO -00800 $2,703.12 Lorraine Bickell _ Lot 4 Block E 95-05301 Deschutes Riverwoods Henry M. Erickson 18 -11 -36 -CO -00900 $2,703.12 Edna M. Erickson Lot 3 Block E 95-05302 Deschutes Riverwoods Anita Van Ronk 18 -11 -36 -CO -01000 $2,703.12 Lot 2 Block E Deschutes Riverwoods 95-05303 John R. Mitchell 18 -11 -36 -CO -01100 $2,703.12 Kathryn A. Mitchell Lot 1 Block E 95-05304 Deschutes Riverwoods Randall Charles Webster 18 -11 -36 -CO -01200 $2,703.12 Mary J. Webster Lot 29 Block D - 9505305 Deschutes Riverwoods David A. Stafford 18 -11 -36 -CO -01300 $2,703.12 Christie L. Stafford Lot 28 Block D 9505306 Deschutes Riverwoods Terry C. Taylor 18 -11 -36 -CO -01400 $2,703.12 Sally M. Taylor Lot 27 Block D .95-05307 Deschutes Riverwoods David P. Anderson 18 -11 -36 -CO -01500 $2,703.12 Michelle R. Anderson Lot 26 Block D Deschutes Riverwoods 0138-0507 I R6_ ma HqM-n EXHIBIT "A" CONTINUED 95-05308 PROPERTY FINAL NAME. DESCRIPTION ASSESSMENT AMOUNT David A. Hudson 18 -11 -36 -CO -01600 $2,703.12 Sandra L. Hudson Lot 25 Block D 95"Q3Q9 Deschutes Riverwoods Glenn L. Hays 18 -11 -36 -DO -08000 $2,703.12 Harry A. Gordon III The Northerly 133.33 Diane L. Gordon Feet of Lots 17,18 & 19, Block D Deschutes Riverwoods 0138-0508 366 - 0986 Exhibit B NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT (BANCROFT BONDING ACT, ORS 223.205 TO 223.300) TO: Owners of Assessed Property Seminole Circle Local Improvement District Deschutes River Woods Subdivision On February 22, 1995, the Board of County Commissioners of Deschutes County, Oregon adopted Resolution No. 95-034, determining the amount of and certifying assessments for local improvements made to Seminole Circle, a dedicated public road in Deschutes County, on and against certain property benefitting from said improvements, as set forth in Exhibit 1 attached hereto and by this reference incorporated herein. The scope of the local improvement project is as set forth in Order 94-092 of the Board of County Commissioners, which description is incorporated herein by reference. Owners of the assessed properties listed herein have the option of paying the assessment in full by March 22, 1995 or, upon application filed by March 22, 1995 with the Deschutes County Public Works Director, in installment payments over a 10 -year period. Failure to either file an installment payment application or pay the assessment in full by March 22, 1995 will result in the account being delinquent and subject to foreclosure under applicable County ordinances and State law. Owners wishing to pay in full may do so on or before March 22, 1995. Payment is to be made to the Deschutes County Treasurer, Deschutes County Courthouse, 1164 NW Bond St., Bend, OR 97701. Owners wishing to pay in installments must fill out an application form provided by the County. Such application must be signed and filed with (received by) the Director of Public Works, 61150 SE 27th St., Bend, OR 97702 no later than March 22, 1995. Failure to submit an application by that date may result in rejection of an installment payment application. Beginning on March 22, 1995, interest will be charged at a rate of 9% per annum on all unpaid assessment amounts. Questions should be addressed to Larry Rice, Director of Public Works at 61150 SE 27th St., Bend, OR 97702, (503) 388-6581. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON By: Larry Rice Director of Public Works 366 �U987 Exhibit 1 Property Description Final Assessment Amount Lot 20, Block D, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08300) Lot 21, Block D, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08400) Lot 22, Block D, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08500) Lot 23, Block D, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08600) Lot 24, Block D, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08700) Lot 6, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08800) Lot 7, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -08900) Lot 8, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -09000) Lot 9, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -09100) Lot 10, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -09200) Lot 11, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -09300) Lot 12, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -DO -09400) Lot 5, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -CO -00700) Lot 4, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -CO -00800) Lot 3, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -CO -00900) Lot 2, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -CO -01000) Lot 1, Block E, Deschutes River Woods $2,703.12 (Tax Lot 18 -11 -36 -CO -01100) Lot 29, Block D, Deschutes River Woods (Tax Lot 18 -11 -36 -CO -01200) Lot 28, Block D, Deschutes River Woods (Tax Lot 18 -11 -36 -CO -01300) Lot 27, Block D, Deschutes River Woods (Tax Lot 18 -11 -36 -CO -01400) Lot 26, Block D, Deschutes River Woods (Tax Lot 18 -11 -36 -CO -01500) Lot 25, Block D, Deschutes River Woods (Tax Lot 18 -11 -36 -CO -01600) The northerly 133.33 feet of Lots 17, 18 and 19 of Block D, Deschutes River Woods (Tax Lot 18 -11 -36 -DO -08000) 0138-0510 366 -8888 $2,703.12 $2,703.12 $2,703.12 $2,703.12 $2,703.12 $2,703.12 0138-0511 366 0989 Exhibit C APPLICATION AND INSTALLMENT PAYMENT AGREEMENT TO FINANCE ASSESSMENT FOR LOCAL IMPROVEMENTS IN SEMINOLE CIRCLE LOCAL IMPROVEMENT DISTRICT TO: Deschutes County Board of Commissioners c/o Deschutes County Public Works Director 61150 SE 27th St. Bend, OR 97702 Pursuant to Oregon Revised Statute 223.205 through 223.300 (the Bancroft Bonding Act), the undersigned makes application to finance the final assessment levied against the property described herein and benefitted by certain local improvements made to Seminole Circle as said final assessment was determined and levied against the property by Resolution 95-034 of the Board of County Commissioners and docketed upon the Docket of Local Improvement District Liens of Deschutes County, Oregon. The undersigned owns property benefitted by the described local improvement and assessed for the costs of those improvements. That property is described as follows (please print or type): Legal Description (Lot and Block, Subdivision or attach metes and bounds description): Tax Lot Number: Ownership information on the property is as follows (please print or type): Owner's name: Owner's address: The undersigned acknowledges that the amount of the final assessment levied against the property is $2,703.12 and that the assessment arises from improvements made to Seminole Circle, in Deschutes County, Oregon, which project is known as the Seminole Circle LID, as described in Order 94-092 of the Board of County Commissioners. The undersigned agrees to pay the final assessment on the subject property over a period of up to 10 years as outlined herein. Applicant acknowledges that the interest rate set by the Board of County Commissioners has been set at a rate sufficient to pay a proportionate part of the costs of administering the bond 0138-4512 366_099U assessment program and issuing bonds authorized under Oregon law and agrees to pay interest at that rate. The undersigned further acknowledges that financed assessment amounts constitute a lien against the property. In applying to finance payment of the assessment, the undersigned agrees to make installment payments under the following terms: 1. Basis of Payment Terms. The payment schedule set forth herein is based upon an assumption that the entire amount of the $2,703.12 final assessment will be financed over a ten-year period with 20 equal installment payments. The undersigned may choose to finance less than the entire amount of the final assessment by making principal payments at any time in advance of March 22, 1995, but such election shall operate only to reduce the outstanding principal amount and shall not change the amount of the installment payment as set forth in Paragraph 2 herein. 2. Terms. Installment payments on the $2,703.12 final assessment shall be due in equal semi-annual installments of $207.81, including interest at a rate of 9% per annum accruing from March 22, 1995, until all outstanding assessment amounts and interest thereon are paid. Installment payments shall be due and payable on April 1 and on October 1 of each year, starting on April 1, 1995, until all outstanding amounts have been paid. Unless notice is received to the contrary, payment shall be made to the Deschutes County Treasurer, Deschutes County Courthouse, 1164 NW Bond St., Bend, OR 97701. 3. Prepayment. Prepayments will be accepted at any time without penalty, applied first to accrued interest and then to principal. Upon request, prepayments may be applied to meet successive installment payments. 4. Payment on Delinquent Accounts. Accounts shall be delinquent when any semi-annual installment payment is past due. Payments on accounts with delinquencies shall be applied to interest first. 5. Enforcement and Collection. The assessment is not a personal obligation and attaches to the property described herein only. Any default in scheduled installment payments is enforceable against the property after one year's delinquency in accordance with applicable county ordinances and Oregon law. Failure of the County to assert any rights it may have under law and this agreement with respect to enforcement and collection shall not constitute a waiver of any of its rights to enforce and collect the assessment. 6. Terms Binding on Applicant's Successors in Interest. The terms of this installment application and agreement run with the described property and bind any of undersigned's successors in interest. 0138-0513 366 .1 0991 7. THIS APPLICATION AND AGREEMENT MUST BE RECEIVED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS NO LATER THAN 5:00 PM ON MARCH 22, 1995. FAILURE TO COMPLETE AND SIGN THIS FORM AS WRITTEN BY THAT TIME MAY RESULT IN REJECTION OF THIS APPLICATION. This application and agreement is submitted in accordance with the provisions of ORS 223.205 - 223.295. In consideration of and pursuant to these legal considerations, the undersigned as owner of the property described herein, does hereby expressly waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause the local improvement for which the final assessment is levied, in the apportionment of the actual cost of the local improvement and the calculation of the actual cost of the local improvement and acknowledges that the property is legally charged with the assessment set forth herein. Dated this day of 1995. Owner(s): Signature Signature STATE OF OREGON COUNTY OF DESCHUTES j SS. 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 DAT: 95 FFA 2 All 11: i BY. _ TY NO. 95-05287 FEE '�'... DESCHUTES COUNTY OFFICIAL RECORDS