1995-08978-Resolution No. 95-047 Recorded 3/22/1995EV EWED
95-089'78
U I
95-08'718
LEG COUNS
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Relating to the Improvement °� Q
of a portion of Apache Road and Lakeview
Drive (Apache Road and Lakeview Drive LID)
in Deschutes County, Oregon directing they
Improvement to be made by Contract and
Establishing Notice of Intent to Assess '
Properties Benefited Thereby. -
RESOLUTION NO. 95-047
WHEREAS, on December 7, 1994, the Board of County Commissioners`(Bo&d) of
Deschutes County, Oregon, initiated, by Resolution No. 94-111, the improvement of
certain dedicated public roads known as a portion of Apache Road and a portion of
Lakeview Drive (hereinafter referred to as "the improvements") in Deschutes County,
Oregon; and
WHEREAS, the resolution was referred to the County Engineer, who in a report to
the Board: investigated the proposed improvements; estimated the cost of the
improvements; determined which properties were specially benefited; fixed the boundaries
of the local improvement district; determined a method of apportioning assessments
amongst benefited properties; prepared a cost estimate of the proposed improvement;
and estimated the amount of the assessment on all specially benefited properties, all in
accordance with Chapter 12.48 of the County Code, and
WHEREAS, said Engineer's report was accepted by the Board pursuant to Order
95-024; and
WHEREAS, pursuant to Order 95-024 and 95-034 and Chapter 12.48 of the County
Code, notice was mailed to benefited property owners; and
WHEREAS, a hearing on the proposed improvements was held on March 22, 1995,
at the Deschutes County Juvenile Justice Center, Hearing Room A, Bend, for the purpose
of hearing testimony and remonstrances related to said proposed improvements; and
WHEREAS, after considering the testimony, the Board finds for the reasons set
forth in the Engineer's Report and the Engineer's supplemental testimony that the
properties to be assessed would be specially benefited by the proposed improvements
and that the assessments would be spread amongst the specially benefiting properties in
an equitable manner and that the requirements of Chapter 12.48 otherwise have or can
be met: and
K Z- MEO
ED
1 - RESOLUTION NO. 95-047
308 X2103
WHEREAS, objections were filed with the Board regarding said proposed
improvements, which objections fall short of the number required to stop the proposed
improvements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, RESOLVES as follows:
Section 1. To improve by ccntract certain dedicated public roads known as a
portion of Apache Road and a portion of Lakeview Drive as shown on Exhibit 2 to the
Engineer's Report and incorporated hec ein by this reference to Deschutes County local
road standards in conformance with the scope of work as set forth in said Engineer's
Report.
Section 2. To finance said improvements by levying an assessment against
properties specially benefited by the proposed improvements.
Section 3 That the boundaries of the local improvement district shall be as set
forth in the map accompanying said Engineer's Report at Exhibit 2; that the benefited
properties have been determined to be as listed in said Engineer's report and shown on
said Exhibit 2 map and as listed in Exhibit 1 attached hereto and by this reference
incorporated herein; and that the method of apportioning the costs of the improvements
amongst the benefited properties shall be as set forth in said Engineer's report.
Section 4. That this resolution constitutes notice that the properties described in
Exhibit 1 to this resolution will be subject in the future to a lien of the assessment for the
cost of the improvements in amounts currently estimated as set forth on Exhibit 1 to this
resolution and to be finally determined, after completion of the improvements, by order or
resolution of the Board.
Section 5. That the assessment for the proposed local improvements described
herein are characterized as "assessments for local improvements," as that term is used in
section 11 b of Article XI of the Oregon Constitution and are not intended to be subject to
the limitations established therein.
Section 6. That notice be sent to property owners in a form substantially similar
to that shown in Exhibit 2 to this resolution advising owners of the Board's decision to
proceed with the construction of the proposed improvements, of its intent to impose an
assessment for said improvements, and of its intent to characterize the assessment
against benefited properties as an "assessment for local improvements" for purposes of
section 11 b, Article XI of the Oregon Constitution.
2 - RESOLUTION NO. 95-047
368 - 2104
Section 7. That the County Clerk shall endorse upon the resolution the date of
the filing thereof, and shall record and index the same in the appropriate lien docket in the
office of the County Clerk.
DATED this ,VAQday of March, 1995.
BOARD OF COUNTY COMMISSIONERS
OF SCHUTES LINTY, OREGON
/--" )�( h6)
BARRY H/SLAUGHTElk, CHAIRMAN
ATTEST:
NANCY PE SCHLANGEN,, COMMISSIONER
Recording Secretary
ROB L. NIPPER, COMM SIONER
3 - RESOLUTION NO. 95-047
acv -�Qsb
EXHIBIT 1
DESCRIPTION OF PROPERTIES TO BE ASSESSED 368 .,,, 2105
LAKEVIEW/APACHE L.I.D.
ESTIMATED
PROPERTY ASSESSMENT
NAME DESCRIPTION AMOUNT
BRIDEN,RICHARD D
181125 AO 01100
$4,276.00
Lot 2 Block CC
DESCHUTES RIVER WOODS
95-08719
HOWCROFT, GORDON
181125 AO 01200
$4,276.00
HOWCROFT, BERTHA K.
Lot 3 Block CC
HOWCROFT, JOHN N.
DESCHUTES RIVER WOODS
95-08'720
COOK,CAMERON
181125 AO 01300
$4,276.00
COOK,ALLEN
Lot 4 Block CC
COOK,CLARICE P
DESCHUTES RIVER WOODS
9,q-08'721
HUME,RICHARD N
181125 AO 01400
$4,276.00
Lot 5 Block CC
DESCHUTES RIVER WOODS
95-08'722
ATKINS,JOHN W
181125 AO 01500
$4,276.00
Lot 6 Block CC
95-08723
DESCHUTES RIVER WOODS
SMITH,RODNEY DEE
181125 AO 01600
$4,276.00
Lot 7 Block CC
95"08724
DESCHUTES RIVER WOODS
JENSEN,ERIC RICHARD
181125 AO 01700
$4,276.00
JENSEN,PEGGY D
Lot 8 Block CC
DESCHUTES RIVER WOODS
95-08'725
JENSEN,ERIC R
181125 AO 01800
$4,276.00
JENSEN,PEGGY D
Lot 9 Block CC
DESCHUTES RIVER WOODS
9'5-08726
MORRIS,CAROL L
181125 AO 01900
$4,276.00
Lot 10 Block CC
95"08727
DESCHUTES RIVER WOODS
MORRIS,LYNDA B
181125 AO 02000
$4,276.00
Lot 11 Block CC
DESCHUTES RIVER WOODS
Page 1 - Exhibit 1
EXHIBIT 1
DESCRIPTION OF PROPERTIES TO BE ASSESSED 368 Z 1 0 6
LAKEVIEW/APACHE L.I.D.
ESTIMATED
PROPERTY ASSESSMENT
NAME DESCRIPTION AMOUNT
95-087:p
HYDE,WALTER 181125 AO 02100 $4,276.00
HYDE,ANNA S Lot 12 Block CC
nF.R.rHI ITF4 RIVER mons
9 -08'729
VOILES,DAVID
VOILES,JEANNE
95--OS'730
EMERSON,DOUGLAS A
9` -08'731
EMERSON, DOUGLAS A
95 -08'732
EMERSON,DOUGLAS A
9&-08733
SCHEETZ DRAKE J
95-08734
STEGURA,STEPHEN R
STEGURA,MARTHA
'95-08735
MCCANN,HARRY R
9S -0873G
PAFFRATH,ROBERT JOHN
9E--08737
KREFT,JEFFREY DAVID
KREFT, LYDIA ANN
Page 2 - Exhibit 1
181125 AO 02200 $4,276.00
Lot 13 Block CC
DESCHUTES RIVER WOODS
181125 AO 02300 $4,276.00
Lot 47 Block BB
DESCHUTES RIVER WOODS
181125 AO 02400 $4,276.00
Lot 48 Block BB
DESCHUTES RIVER WOODS
181125 AO 02500 $4,276.00
Lot 49 Block BB
DESCHUTES RIVER WOODS
181125 AO 02600 $4,276.00
Lot 50 Block BB
DESCHUTES RIVER WOODS
181125 AO 02700 $4,276.00
Lot 51 Block BB
DESCHUTES RIVER WOODS
181125 AO 02800 $4,276.00
Lot 52 Block BB
DESCHUTES RIVER WOODS
181125 AO 02900 $4,276.00
Lot 53 Block BB
DESCHUTES RIVER WOODS
181125 AO 03000 $4,276.00
Lot 54 Block BB
DESCHUTES RIVER WOODS
EXHIBIT 1
DESCRIPTION OF PROPERTIES TO BE ASSESSED 365
LAKEVIEW/APACHE L.I.D.
ESTIMATED
PROPERTY ASSESSMENT
NAM 95-o'S 3 9 DESCRIPTION AMOUNT
FISHER,HARRY B
FISHER,FREDA B
9S -08'739
MCKINNEY,MARGARETTE
MCKINNEY,RITA
%MCKINNEY STANLEY
JOSEPH(L.E.)
95-08740
SPENST,NORMAN
SPENST,JOYCE
9S - 08'741
WILSON FAMILY TRUST
WILSON,AARON G TRUSTEE
WILSON,MARJORIE B
TRUSTEE
9,t-- -08'742
SNYDER,GLEE A
9E,-08743
STEGURA STEPHEN R
STEGURA MARTHA A
%ASH MARY E (L.E.)
95-08'744
BRIDEN,RIC'HARD b
9E, -0874.'
STEELE, BRUCE J
9S -08'746
WEAVER E C
WEAVER MARGIE
Page 3 - Exhibit 1
181125 AO 03100
Lot 55 Block BB
DESCHUTES RIVER WOODS
181125 AO 03200
Lot 56 Block BB
DESCHUTES RIVER WOODS
181125 AO 03300
Lot 57 Block BB
DESCHUTES RIVER WOODS
181125 AO 03400
Lot 58 Block BB
DESCHUTES RIVER WOODS
181125 AO 05600
Lot 21 Block AA
DESCHUTES RIVER WOODS
181125 AO 07100
Lot 22 Block AA
DESCHUTES RIVER WOODS
181125 AO 01000
Lot 1 Block CC
DESCHUTES RIVER WOODS
181230 BO 04500
Lot 46 Block BB
DESCHUTES RIVER WOODS
181230 BO 04600
Lot 45 Block BB
DESCHUTES RIVER WOODS
$4,276.00
$4,276.00
$4,276.00
$4,276.00
$4,276.00
$4,276.00
$4,276.00
$4,276.00
$4,276.00
EXHIBIT 1 V (�
DESCRIPTION OF PROPERTIES TO BE ASSESSED
LAKEVIEW/APACHE L.I.D. 368 2108
ESTIMATED
PROPERTY ASSESSMENT
NAME DESCRIPTION AMOUNT
9S -OSi47
PENNER DONALD 181230 BO 04700 $4,276.00
PENNER—WRY Lot 44 Block BB
DESCHUTES RIVER WOODS
ZAPATA, J ES U S A
181230 BO 04800
$4,276.00
ZAPATA,JANET M
Lot 43 Block BB
9C—OS'749
DESCHUTES RIVER WOODS
HAYWARD,ROBERT W
181230 BO 04900
$4,276.00
HAYWARD,JENNIFER A
Lot 42 Block BB
9 -0S'750
DESCHUTES RIVER WOODS
PISTEY FRED W
181230 BO 05000
$4,276.00
KIRKMAN,ROSE S(A)
Lot 41 Block BB
9f-OS'751
DESCHUTES RIVER WOODS
GOLTZ EDWARD A
181230 BO 05100
$4,276.00
** EAGLES ARTHUR (CB)
Lot 40 Block BB
DESCHUTES RIVER WOODS
9S-OS'752
CRISTIANO VINCENT M
181230 BO 05200
$4,276.00
Lot 39 Block BB
9K-08753
DESCHUTES RIVER WOODS
CRISTIANO VINCENT M
181230 BO 05500
$4,276.00
Lot 38 Block BB
9t, -08 ; 54
DESCHUTES RIVER WOODS
KING RICHARD
181230 BO 05600
$4,276.00
KING SYLVIA
Lot 37 Block BB
9V -0S755
DESCHUTES RIVER WOODS
MILLS,GRANT E
181230 BO 05700
$4,276.00
MILLS,ROBERT G
Lot 36 Block BB
DESCHUTES RIVER WOODS
9%-0S:a6
M I L LS, G RANT E
181230 BO 05800
$4,276.00
MILLS,ROBERT G
Lot 35 Block BB
DESCHUTES RIVER WOODS
Page 4 - Exhibit 1
EXHIBIT 1
DESCRIPTION OF PROPERTIES TO BE ASSESSED
LAKEVIEW/APACHE L.I.D. 3681 2109
NYE, CARYL LYNN 181219 CO 09300 $4,276.00
9 0S, 702 Lot PT 19 Block CC
DESCHUTES RIVER WOODS
GOODPASTURE CASSIAN 181219 CO 09400 $4,276.00
GOODPASTURE MICHELLE Lot 20+PT 19 Block CC
9 ~087 G3 DESCHUTES RIVER WOODS
HELLE,ERIC WILLIAM 181219 CO 09500 $4,276.00
Lot 21 Block CC
9 ''08764 DESCHUTES RIVER WOODS
TRAVESS,TRINA A 181219 CO 09600 $4,276.00
Lot 22 Block CC
9 ~08: ;S DESCHUTES RIVER WOODS
ROCHIN,DON V 181219 CO 09700 $4,276.00
ROCHIN,MARY M Lot 23 Block CC
9C -08'7&6 DESCHUTES RIVER WOODS
WHEELER MERLIN G 181124 DO 12700 $4,276.00
WHEELER CAROL S Lot 15 Block CC
DESCHUTES RIVER WOODS
Page 5 - Exhibit 1
ESTIMATED
PROPERTY
ASSESSMENT
NAME
DESCRIPTION
AMOUNT
9S _OS►75 7
MILLS, ROBERT G.
181230 BO 05900
$4,276.00
MILLS, FRANCES
Lot 34 Block BB
MILL GRAN►yTEE & LISA
DESCHUTES RIVER WOODS
`08 ! J8
COFFELL,DIANE C
181219 CO 09000
$4,276.00
COFFELL,DANA B
Lot 16 Block CC
94 —OS 59
DESCHUTES RIVER WOODS
ZADE MARVIN L
181219 CO 09100
$4,276.00
ZADE MARILYNN C
Lot 17 Block CC
94'-7-08'7G0
DESCHUTES RIVER WOODS
MORRIS,CAROL L
181219 CO 09200
$4,276.00
Lot 18 Block CC
9E- "08 : G1
DESCHUTES RIVER WOODS
NYE, CARYL LYNN 181219 CO 09300 $4,276.00
9 0S, 702 Lot PT 19 Block CC
DESCHUTES RIVER WOODS
GOODPASTURE CASSIAN 181219 CO 09400 $4,276.00
GOODPASTURE MICHELLE Lot 20+PT 19 Block CC
9 ~087 G3 DESCHUTES RIVER WOODS
HELLE,ERIC WILLIAM 181219 CO 09500 $4,276.00
Lot 21 Block CC
9 ''08764 DESCHUTES RIVER WOODS
TRAVESS,TRINA A 181219 CO 09600 $4,276.00
Lot 22 Block CC
9 ~08: ;S DESCHUTES RIVER WOODS
ROCHIN,DON V 181219 CO 09700 $4,276.00
ROCHIN,MARY M Lot 23 Block CC
9C -08'7&6 DESCHUTES RIVER WOODS
WHEELER MERLIN G 181124 DO 12700 $4,276.00
WHEELER CAROL S Lot 15 Block CC
DESCHUTES RIVER WOODS
Page 5 - Exhibit 1
EXHIBIT 1 -Ls�cs� U
DESCRIPTION OF PROPERTIES TO BE ASSESSED
LAKEVIEW/APACHE L.I.D. 2 1 1 U
ESTIMATED
PROPERTY ASSESSMENT
NAME DESCRIPTION AMOUNT
-9F-0S7'0-7-0S'7u'7
FIRKUS, JASON E.
FIRKUS, CHRISTINA A.
Page 6 - Exhibit 1
181124 DO 12800 $4,276.00
Lot 14 Block CC
DESCHUTES RIVER WOODS
Exhibit 2 to Resolution 95-047
2111
NOTICE OF DECISION
TO PROCEED WITH IMPROVEMENTS TO
PORTIONS OF APACHE ROAD AND LAKEVIEW DRIVE
AND OF INTENT
TO IMPOSE ASSESSMENTS FOR THE IMPROVEMENTS AND
TO CHARACTERIZE THE ASSESSMENTS AS NOT SUBJECT TO
THE TAX LIMITATIONS OF SECTION 11, ARTICLE XI
OF THE OREGON CONSTITUTION
Date: March ???, 1995
To: <Property Owner>
Following testimony at a public hearing on March 22, 1995, and
with authority of Chapter 12.48 of the Deschutes County Code, the
Board of County Commissioners signed Resolution 95-047 which
directs that a local improvement be made to portions of Apache Road
and Lakeview Drive in Deschutes River Woods subdivision.
The County Engineer's Report, which forms the basis for the
Board's decision to proceed with the local improvement, contains a
list of the lots or parcels which will be specially benefitted by
the road improvement. After the improvement has been completed,
each benefitted property will be assessed for its apportioned share
of the improvement costs. Resolution 95-047 describes the
boundaries of the local improvement district, lists the benefited
properties, and confirms that the costs will be apportioned by the
method described in the Engineer's Report.
This letter also serves as notice of the Board's intent to
assess the benefited properties, listed in Resolution 95-047,
according to the method recommended by the County Engineer and
approved in Resolution 95-047. The estimated amount of the
assessment for this property is <$0,000>.
Finally, this letter serves as notice of the Board's intent to
characterize the proposed assessments as "assessments for a local
improvement." Assessments of properties which receive a special
benefit from a local improvement are exempt from the tax
limitations of Section 11, Article XI of the Oregon Constitution,
so long as the total assessments do not exceed the actual costs of
the improvement. The Board intends to characterize the assessment
that will be made to your property as "an assessment for a local
improvement" since the County Engineer determined that your
property will receive a special benefit from the road improvement.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LARRY RICE, Director of Public Works
(on Behalf of the Board)
368 - 2112
STATE OF OREGON )
COUNTY OF DESCHUTES) SS.
1, MARY SUE PENN COUNTY COUNTY CLERK AND
RECORDER OF CONVEYANCES, IN AND FOR SAID
COUNTY, DO HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED THIS DAY:
' C:I,IRK
B
0- DEPUTY
"
NO.18 - FEE . �.
DESCHUTES COUNTY OFFICIAL RECORDS