1995-05654-Resolution No. 95-035 Recorded 2/23/1995. ss-osssy
REVIEWED
95-05310 -f l�')
LFr,Al QUN.M
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES ,
A Resolution Correcting and Readopting
*
A Resolution Determining and Certifying
Final Assessments for Local Improvements
against Certain Benefitted Real Property
within Comanche Circle L.I.D., Setting Terms
for Payment, and Requiring Notices. * °'
RESOLUTION NO. 95-035
WHEREAS, the Board of County Commissioners of"`Dips6butes
County, Oregon, has caused, pursuant to Order No. 94-091 'certain
local improvements to be made to Comanche Circle, a dedicated
public road, in Deschutes County, Oregon; and 0138-0514
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 to fix the
final assessment for the subject improvements benefitting certain
real property in Comanche Circle L.I.D. in Deschutes County,
Oregon; and
WHEREAS, the Board adopted Resolution 92-030 to impose the
final assessments for the local improvements to Comanche 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 95-030 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 95-030.
The Board corrects and readopts Resolution 95-030, with corrected
Exhibit A attached, as set forth in Sections 3 through 8 herein.
This Resolution 95-035, shall replace Resolution 95-0!e71995
do ted on
February 15, 1995. RESOLUTION 95-035 (2/22/95)
0138-0515
366 Q993
Section 2. Correction of Liens Recorded Under Resolution 95-
030. Any entries made by the County Clerk in the Local Improvement
District Lien record or its equivalent pursuant to Resolution 95-
030 shall be corrected by replacement of the final assessment lien
amounts imposed under Resolution 95-030 with the final assessment
lien amounts imposed under this correcting Resolution 95-035. Said
correction shall occur by recordation of a release signed by the
Board Chair releasing the individual liens docketed as receipt
numbers 95-04728 through 95-04749 in the local improvement district
lien docket immediately after entry of the corrected lien amounts
in the local improvement assessment lien docket or its equivalent.
Section 3. Determination of Final Assessment Amounts. The
final assessments for local improvements made to Comanche 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 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 95-035 (2/22/95)
0138-0516
366 0994
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.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
H1 S
ATTE NANCY E'S9HLAN
7
Recording Secre ary ROBEAT L. NIPPER,
3 - RESOLUTION 95-035 (2/22/95)
i n
N, Commi ioner
EXHIBIT "A"
COMANCHE CIRCLE L.I.D.
FINAL ASSESSMENT LIST
0138-051'7
306 - 0995
PROPERTY FINAL
NAME DESCRIPTION ASSESSMENT AMOUNT
Leland J. Wright
18 -11 -36 -AO -07700
Zoe Dean Wright
Lot 1 Block G
95-05311
Deschutes Riverwoods
Michael E..Oneil'
18 -11 -36 -AO -07800
Cynthia A.`Oneil
Lot 2 Block G
95"05312
Deschutes Riverwoods
Steven Torkelson
18 -11 -36 -AO -07900
Loretta Torkelson _
Lot 3 Block G
95-05313
Deschutes Riverwoods
Steven Martin Thomas
18 -11 -36 -AO -08000
Diana Lee Thomas
Lot 4 Block G
95-05314
Deschutes Riverwoods
Beatrice Anne Altree
18 -11 -36 -AO -08100
95°05315
Lot 5 Block G
George H.
Deschutes Riverwoods
Stanley L. Bruce
18 -11 -36 -AO -08200
95-05316
Lot6 Block G
-_.
Deschutes Riverwoods
Harold L.
Welborn
18 -11 -36 -AO -08300
Joreen L.
Welborn
Lot 7 Block G
Riverwoods
95-05317Deschutes
George H.
Olson
18 -11 -36 -AO -06900
Fay F. Olson
Lot 13 Block F
95_05318 .:
Deschutes Riverwoods
George H.
Olson
18 -11 -36 -AO -07000
Fay F. Olson
Lot 14 Block F
95-05319
Deschutes Riverwoods
Theodore
R. Huff
18 -11 -36 -AO -07100
Josephine
D. Huff
Lot 15 Block F
Deschutes Riverwoods
`5"0`320
Coreen M.
Hornbeak
18 -11 -36 -AO -07200
°s Coreen
M. Schilling
Lot 16 Block F
Deschutes Riverwoods
$2,683.52
$2,683.52-'
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
-
0138=0518
EXHIBIT "A" CONTINUED
-- --
366 A 0996
PROPERTY
FINAL
NAME
DESCRIPTION
ASSESSMENT AMOUNT
95-05321
Frank R. Kephart
18 -11 -36 -AO -07300
$2,683.52
Lot 17 Block F
95"053=22
Deschutes Riverwoods
Brian G. Schirle
18 -11 -36 -AO -07400
$2,683.52
Natalie J. Schirle
Lot 18 Block F
95`DS323
Deschutes Riverwoods
Kris Krichko
18 -11 -36 -AO -07500
$2,683.52
Lot 19 Block F
95--0,5324
Deschutes Riverwoods
Ronald Lee Wood
18 -11 -36 -AO -07600
$2,683.52
Patsy Dale
Lot 20 Block F
Deschutes Riverwoods
0138-0519
Exhibit B 366 i 0997
NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT
(BANCROFT BONDING ACT, ORS 223.205 TO 223.300)
TO: Owners of Assessed Properties
Comanche Circle Local Improvement District
Deschutes River Woods Subdivision
On February 22, 1995, the Board of County Commissioners of
Deschutes County, Oregon adopted Resolution No. 95-035, determining
the amount of and certifying assessments for local improvements
made to Comanche 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 94-091 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
Exhibit 1
Property Description
Lot 1, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7700)
Lot 2, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7800)
Lot 3, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7900)
Lot 4, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -8000)
Lot 5, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -8100)
Lot 6, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -8200)
Lot 7, Block G, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -8300)
Lot 13, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -6900)
Lot 14, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7000)
Lot 15, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7100)
Lot 16, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7200)
Lot 17, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7300)
Lot 18, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7400)
Lot 19, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7500)
Lot 20, Block F, Deschutes River Woods
(Tax Lot 18 -11 -36 -AO -7600)
0138-0520
366 �Q998
Final Assessment Amount
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
$2,683.52
0138-0521.
Exhibit C 366 -� Q 9 y 9
APPLICATION AND INSTALLMENT PAYMENT AGREEMENT
TO FINANCE ASSESSMENT FOR LOCAL IMPROVEMENTS IN
COMANCHE 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 Comanche
Circle as said final assessment was determined and levied against
the property by Resolution 95-035 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 $2,683.52 and that the
assessment arises from improvements made to Comanche Circle, in
Deschutes County, Oregon, which project is known as the Comanche
Circle LID, as described in Order 94-091 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
0138-0522_
366 A X.000
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
$2,683.52 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 $2,683.52 final assessment
shall be due in equal semi-annual installments of $206.30,
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 the undersigned's
successors in interest.
0138-0523
366 - 1001
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 i SS.
COUNTY OF DESCHUTES) COUNTY CLERK AND
I, MARY SUE PENHOIIOW O AND FOR SAID
RECORDER OF CONVEYANCES,
COUNTY, DO HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED THIS DAY.
9 IT l
DUTY
NO• pSCHUTES COUNTY OFFICIAL RECORDS