1995-12246-Order No. 95-071 Recorded 4/13/1995REVIEWED
I r'
9-12246 LEG&C COUNS
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
0144--a75
An Order Accepting the Amended Engineer's
Report Relating to the Improvement of a
Certain Dedicated Public Road Known as
a portion of Galen Road, Deschutes County,
Oregon, Setting the Hearing for Remonstrances,
and Authorizing the Director of Public Works to
Give Notice of Said Hearing.
ORDER NO. 95-071
WHEREAS, the Board of County Commissioners, by Resolution 94-110 initiated the
improvement of a certain dedicated public road known as 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, the previous Engineer's Report contained an error and the order accepting
said Engineer's Report was rescinded by Order No. 95-051; and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 Amended Engineer's Report relating to the improvement of certain
dedicated public road 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 May 10, 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. -
I
APR 181995
ORDER NO. 95-071
0
0144.0756A
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.
DATED this _A day of , 1995.
AT ST:
Recording Secretary
ORDER NO. 95-071
BOARD OF COUNTY COMMISSIONERS
OF QrESCHUTES, QWN,TY, OREGON
IJM,kY H. $LA 1�HTER, COAIRMAN
NANgr OP SCFjj�ANGEA, COMMIS�l
-•z -141 11 a El AN We=
0
EXHIBIT "A"
MEMORANDUM 0144-Y=
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GARY JUDD, DEPARTMENT OF PUBLIC WORKS
DATE: APRIL 4, 1995
SUBJ: AMENDED ENGINEER'S REPORT FOR GALEN ROAD L.I.D.
*************************************************************************************
The original Engineer's Report contained an error in the number of lots within the L.I.D. boundary. The
actual number of lots within the proposed LID is 27 rather than 28 as stated in the original Engineer's
Report. Reducing the number of lots increases the estimated assessment to each lot by $154.17.
The change in the number of lots reduced the percent of petitioners from 64% to 63%.
Changes from the original Engineer's Report have been bolded. All other aspects of the L.I.D. remain
unchanged including the boundary and the method of assessment.
*************************************************************************************
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 a 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.
Proposed Improvements
0144-0758
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 SurvWLnng_ - 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 staffs 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.
0144-0'759
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 27 lots. Of the 27 lots, 22 have residences on them which amounts to 81% of
the lots being developed.
Seven properties that abut the local improvements are not included in the LID. Properties described as:
18 -11 -25 -BO -4100; 18 -11 -25 -BO -8000; 18 -12 -25 -BO -8200, 18 -12 -25 -BO -8300, and 18 -12 -25 -BO -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 -BO -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.
Proposed Method of Assessment 0144-0760
W
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 /27) = $4,316.67 per lot.
C-
EXHIBIT "1" 0144-0761
EXHIBIT -2" 0144—o762
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0144-0'763
EXMIT "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 (15%)
13,500
Engineer & Administration (15%)
13.500
COST $116,550
EXHIBIT "4"
GALEN ROAD L.I.D.
PROPERTY OWNERS
0.44=0164
PROPERTY ASSESSED ESTIMATED
NO. NAME DESCRIPTION VALUE COST
1. VOOS, DAVI D J
VOOS,KIM 1
61181 PARRELL RD
BEND, OR 97702
2. KNOWLES,STEVEN M
KNOWLES,LINDA J
19377 PIUTE CIR
BEND, OR 97702
3. SMITH,PATRICK W
SMITH,VERAMAE 1
19245 GALEN RD
BEND, OR 97702
4. JOHNSON JEFFREY M
JOHNSON HEATHER R
19238 GALEN RD
BEND, OR 97702
5. HAMPSHIRE,FRED N
HAMPSHIRE, DOLORES
19242 GALEN RD
BEND, OR 97702
6. POAGE,LORAN
POAGE,CAROLYN
65260 HWY 20 W
BEND, OR 97701
7. REECE WALTER E
9522 VONS DR
GARDEN GROVE, CA 92641
8. GARNSEY,PHYLLIS J
20964 WEST VIEW DR
BEND, OR 97702
18-11-25B 4200
DESCHUTES RIVER
WOODS
LOT 189 BLOCK PP
18-11-25B 4300
DESCHUTES RIVER
WOODS
LOT 190 BLOCK PP
18-11-25B 4400
DESCHUTES RIVER
WOODS
LOT 191 BLOCK PP
18-11-25B 4500
DESCHUTES RIVER
WOODS
LOT 192 BLOCK PP
18-11-25B 4600
DESCHUTES RIVER
WOODS
LOT 193 BLOCK PP
18-11-25B 4700
DESCHUTES RIVER
WOODS
LOT 194 BLOCK PP
18-11-25B 4800
DESCHUTES RIVER
WOODS
LOT 195 BLOCK PP
18-11-25B 4900
DESCHUTES RIVER
WOODS
LOT 196 BLOCK PP
19,985.00 $4,316.67
71, 825.00 $4,316.67
35,385.00 $4,316.67
105,195.00 $4,316.67
41,785.00 $4,316.67
28,215.00 $4,316.67
13,220.00 $4,316.67
49,455.00 $4,316.67
9. GAYLORD FRANCES A 18-11-25B 5000 58,755.00 $4,316.67
1750 LISCHER AVE DESCHUTES RIVER
MCKINLEYVILLE, CA 95521 WOODS
LOT 197 BLOCK PP
Page 1 of 4
EXHIBIT "4" D�L���o�[)t)
GALEN ROAD L.I.D.
PROPERTY OWNERS CONTINUED
PROPERTY ASSESSED ESTIMATED
NO. NAME DESCRIPTION VALUE COST
10. MALES, ALEXANDER MICHAEL 18-11-25B 5100
MALES, BARBARA LYN DESCHUTES
19266 GALEN ROAD RIVERWOODS
BEND, OR 97702 LOT 198 BLOKC PP
11. PAULSON,DARWIN J 18-11-25B 5200
PAULSON,JUDITH K DESCHUTES RIVER
601 E VIRGINIA WOODS
GLENDORA, CA 91740 LOT 199 BLOCK PP
12. MOORE BRIAN 18-11-25BB 5300
MOORE JANINE DESCHUTES RIVER
19276 GALEN RD WOODS
BEND, OR 97702 LOT 200 BLOCK PP
13. HERRERA,CONSTANCE MARIE 18-11-25BB 5400
PO BOX 6747 DESCHUTES RIVER
BEND, OR 97708 WOODS
LOT 201 BLOCK PP
59,460.00
$4,316.67
15,110.00
$4,316.67
102,410.00
$4,316.67
76,660.00 $4,316.67
14. EVANS WILLIAM R CO -TRUSTEE 18-11-25BB 5500 44,955.00 $4,316.67
EVANS JACQLYN R CO -TRUSTEE DESCHUTES RIVER
80460 DELIGHT VALLEY SCHOOL RD WOODS
COTTAGE GROVE, OR 97424 LOT 202 BLOCK PP
15. HAVERLY,JONATHAN C 18-11-25BB 5600 71,100.00 $4,316.67
HAVERLY,JANICE E DESCHUTES RIVER
19288 GALEN RD WOODS
BEND, OR 97702 LOT 203 BLOCK PP
16. WALLIS,NORMAN F &
WALLIS, NAOMI LYDIA,TRUSTEES
WALLIS FAMILY REVOCABLE LIVING
TRUST
9296 GALEN RD
BEND, OR 97702
17. CHAMBERLAIN,THOMAS J
CHAMBERLAIN,WANDA N
TRUSTEES
19306 GALEN RD
BEND, OR 97702
18-11-25BB 5900
DESCHUTES RIVER
WOODS
LOT 204, 205, 206
BLOCK PP
18-11-25BB 6000
DESCHUTES RIVER
WOODS
LOT 207 BLOCK PP
Page 2 of 4
113,090.00 $4,316.67
65,820.00 $4,316.67
EXHIBIT "4"
GALEN ROAD L.I.D.
PROPERTY OWNERS CONTINUED
PROPERTY
NO. NAME DESCRIPTION
18. TOLSTOY ALEX J
19312 GALEN RD
BEND, OR 97702
19. AMMONS KENNETH M
NEAL PRISCILLA
19313 GALEN RD
BEND, OR 97702
20. CLEMPSON EILEEN
%MURPHY & GOLD APC(A)
5146 DOUGLAS FIR RD STE 201
CALABASAS, CA 91302
21. LYUBLANOVITS,STEPHEN C
19330 GALEN RD
BEND, OR 97702
22, MALES, ALEXANDER MICHAEL
MALES, BARBARA L
19266 GALEN RD
BEND, OR 97702
23. SERNA MANUEL J
432 E SILVA ST
LONG BEACH, CA 90805
24. THOMAS,STANLEY A
THOMAS,J MAXINE
19325 GALEN RD
BEND, OR 97702
25. NEAL,PRISCILLA
AMMONS,KENNETH M
19313 GALEN RD
BEND, OR 97702
26. SHRODE,WILLIAM L
SHRODE,LAURETTA E
PO BOX 9511
BEND, OR 97708
18-11-25BB 6100
DESCHUTES RIVER
WOODS
LOT 208 BLOCK PP
18-11-25BB 6200
DESCHUTES RIVER
WOODS
LOT 209 BLOCK PP
18-11-25BB 6300
DESCHUTES RIVER
WOODS
LOT 210 BLOCK PP
18-11-25BB 6400
DESCHUTES RIVER
WOODS
LOT 211 BLOCK PP
18-11-25BB 6500
DESCHUTES RIVER
WOODS
LOT 212 BLOCK PP
18-11-25BB 7600
DESCHUTES RIVER
WOODS
LOT 11 BLOCK NN
18-11-25BB 7700
DESCHUTES RIVER
WOODS
LOT 12 BLOCK NN
18-11-25BB 7800
DESCHUTES RIVER
WOODS
LOT 13 BLOCK NN
18-11-25BB 7900
DESCHUTES RIVER
WOODS
LOT 14 BLOCK NN
Page 3 of 4
0144-0'766
ASSESSED ESTIMATED
VALUE COST
34,710.00 $4,316.67
71,310.00 $4,316.67
15,110.00 $4,316.67
70,350.00 $4,316.67
15,110.00 $4,316.67
17,000.00 $4,316.67
69,030.00 $4,316.67
96,635.00 $4,316.67
88,550.00 $4,316.67
EXHIBIT "4" 0144-0767
07
GALEN ROAD L.I.D.
PROPERTY OWNERS CONTINUED
PROPERTY ASSESSED ESTIMATED
NO. NAME DESCRIPTION VALUE COST
27. SMITH,PATRICK W
SMITH,VERA MAE 1
19245 GALEN RD
BEND, OR 97702
18-11-25BB 8100
DESCHUTES RIVER
WOODS
LOT 2 BLOCK NN
Page 4 of 4
92,275.00 $4,316.67
EXHIBIT «B" 0144-0768
NOTICE OF PROPOSED ROAD IMPROVEMENT
DATE: <>
TO: «NAME1»
NAM E2»
«NAME3»
«ADDRESS»
((CITY)), ((ST)) ((ZIP))
DESCRIPTION OF IMPROVEMENT PROJECT: Galen Road LID
DESCRIPTION OF BENEFITED PROPERTY: ((ACCOUNT))
Estimated Cost of Improvement: $116,550.00
Estimated Amount of Assessment: $4,316.67
Due to an error in the number of assessed lots shown in the original Engineer's Report, a new report
has been filed with the Board of County Commissioners and a new hearing date set as follows:
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. The engineer's report relating to the proposed LID is on file and available for public
examination.
The area affected by the proposed local improvement is a portion of Deschutes River Woods
Subdivision, located South of Bend. The road to be improved is a portion of Galen Road from River
Woods Drive to the intersection of Ute Lane. The benefiting lots that would be assessed for the
proposed improvement include those lots abutting the aforementioned road improvements shown on
the attached list. Upon completion of the proposed improvement, the roads will be accepted into the
County Road System, and will be maintained by Deschutes County.
IF YOU OBJECT TO THE PROPOSED IMPROVEMENT AND ASSESSMENTS, YOU ARE
REQUIRED TO FILE WRITTEN OBJECTION, IF ANY, WITH THE BOARD OF COUNTY
COMMISSIONERS, CIO DESCHUTES COUNTY DEPARTMENT OF PUBLIC WORKS, 61150 S.E.
27TH STREET, BEND, OREGON 97702, PRIOR TO MAY 10, 1995, OR AT THE PUBLIC
HEARING ON THE PROPOSED IMPROVEMENTS BEFORE THE BOARD OF COUNTY
COMMISSIONERS, WHICH WILL BE HELD ON MAY 10, 1995 AT 10:00 A.M. IN THE
DESCHUTES COUNTY JUVENILE JUSTICE BUILDING, 1128 NW HARRIMAN, BEND,
OREGON. If more than 50% of the owners of land representing more than 50% 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 adopted 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