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1995-15522-Resolution No. 95-065 Recorded 5/10/199595-15328 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Relating to the Improvement 3 7 3 ~ 0 3 1 2 of a portion of Galen Road (Galen Road LID) in 0146-0162 Deschutes County, Oregon directing the Improvement to be made by Contract andcIrl = , Establishing Notice of Intent to Assess Properties Benefited Thereby." CD RESOLUTION NO. 95-065 �r WHEREAS, on December 7, 1994, the Board of County Commissioners;; (RQa of Deschutes County, Oregon, initiated, by Resolution No. 94-110, the improvement of certain dedicated public roads known as a portion of Galen Road (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 Deschutes County Code; and WHEREAS, said Engineer's report was accepted by the Board pursuant to Order 95-071; and WHEREAS, pursuant to Order 95-071 and Chapter 12.48 of the Deschutes County Code, notice was mailed to benefited property owners; and WHEREAS, a hearing on the proposed improvements was held at 10:00 a.m. on May 10, 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 WHEREAS, I objections were filed with the Board regarding said proposed improvements, which objections fall short of the number required to stop he proposed improvements; now, therefore, 1✓.; KEY HED ��-yf'�MfD NAY 161.x,95 t ,1995 0146o-0163 373 -i 0313 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, RESOLVES as follows: Section 1. To improve by contract a certain dedicated public road known as a portion of Galen Road as shown on Exhibit 2 to the Engineer's Report and incorporated herein 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 A 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 steps not be taken to commence said improvements until a period of at least 60 days passes from the mailing of notice to owners of benefited property. Section 5. That this resolution constitutes notice that the properties described in Exhibit A 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 A to this resolution and to be finally determined, after completion of the improvements, by order or resolution of the Board. Section 6. 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 7. That notice be sent to property owners in a form substantially similar to that shown in Exhibit B 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. 0146-0164 373 -* 0314 Section 8. 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 - 16 day of , 1945 BOARD OF COUNTY COMMISSIONERS OFD SCHUTES, CO TY, OREGON H. SLAUGHTER, MAI EXHIBIT "2" u315 Sit.06 c� �r pl in o co 0 0 .c1 ecz . g e , ; �� X00 µN �� 0 0 w,.Y • � . t / p � .r S6 CL M .8 v W 00 0 o c • 9'.. toO • I� oo 7 O wti •;�t� 2 cr. a N .. tti o N `� g .• ! o ILD 0 4D N W CO ,r,c2 ' s s , v n•� .S72SZ w lr � P• N ',•GSZ e+ P� ` CJ M (� N y 1, '1,•SSi Q /� 4r -4 8 V � ��� g N 00 .•.� ,_� O (DZ 1� O N Oco g d � `n °of 0 „ .,G rpt _- _ y�,'.�` —�� rr:c N J to O �.'� p \y c O � ^ •• �( ,,. � TL,�'�','r". ,t ,.r�,e� O/ ~N~ w ' co t poop S ter' N X O s O .b .4 -� ° �� d �,,.•� M q ..v N .«N.y <r 0 P °� 'yrCD ��► ;'wr IC) •t A• r • N N S - CO oN 00 dj N o N 1, s p ° O i ell 0 CDN 11 V ` tco M i o N !� 0 9�o Q— ~ 0 — a�� �� tO to Z N +. s• -nOj... „ c Z. O tij p oo� rw to N O O N— O c = 0146-0166 EXHIBIT "A" 373 - 0 316 DESCRIPTION OF PROPERTIES TO BE ASSESSED GALEN ROAD L.I.D. ESTIMATED PROPERTY ASSESSMENT NAME DESCRIPTION AMOUNT 1. VOOS,DAVID J 18-11-25B 4200 $4,316.67 VOOS,KIM I DESCHUTES RIVER WOODS 9515329 LOT 189 BLOCK PP 2. KNOWLES,STEVEN M 18-11-25B 4300 $4,316.67 KNOWLES,LINDA J DESCHUTES RIVER WOODS 95-15330 LOT 190 BLOCK PP 3. SCOTT, DOUGLAS W. 18-11-25B 4400 $4,316.67 DESCHUTES RIVER WOODS 95-15331 LOT 191 BLOCK PP 4. JOHNSON JEFFREY M 18-11-25B 4500 $4,316.67 JOHNSON HEATHER R DESCHUTES RIVER WOODS 95-'15332 LOT 192 BLOCK PP 5. HAMPSHIRE,FRED N 18-11-25B 4600 $4,316.67 HAMPSHIRE, DOLORES DESCHUTES RIVER WOODS LOT 193 BLOCK PP 9515333 6. POAGE,LORAN 18-11-25B 4700 $4,316.67 POAGE,CAROLYN DESCHUTES RIVER WOODS 95-15334 LOT 194 BLOCK PP 7. REECE WALTER E 18-11-25B 4800 $4,316.67 DESCHUTES RIVER WOODS 9515335 LOT 195 BLOCK PP 8. MATTHEWSON, BRUCE T., JR. 18-11-25B 4900 $4,316.67 DESCHUTES RIVER WOODS 95-15336 LOT 196 BLOCK PP 9. GAYLORD FRANCES A 18-11-25B 5000 $4,316.67 DESCHUTES RIVER WOODS ,,$51533'7 LOT 197 BLOCK PP 10. MALES, ALEXANDER MICHAEL 18-11-25B 5100 $4,316.67 MALES, BARBARA LYN DESCHUTES RIVERWOODS LOT 198 BLOCK PP 11. PAULSON,DARWIN J 95-15338 18-11-25B 5200 $4,316.67 PAULSON,JUDITH K DESCHUTES RIVER WOODS LOT 199 BLOCK PP EXHIBIT "A" - CONTINUED 0146-0167 DESCRIPTION OF PROPERTIERS TO BE ASSESSED 37:3 0317 GALEN ROAD L.I.D. ESTIMATED PROPERTY ASSESSMENT NAME DESCRIPTION AMOUNT 95-15339 12. MOORE BRIAN 18-11-25B 5300 $4,316.67 MOORE JANINE DESCHUTES RIVER WOODS 95-15340 LOT 200 BLOCK PP 13. HERRERA,CONSTANCE MARIE 18-11-25B 5400 $4,316.67 DESCHUTES RIVER WOODS 95-15341 LOT 201 BLOCK PP 14. EVANS WILLIAM R CO -TRUSTEE 18-11-25B 5500 $4,316.67 EVANS JACQLYN R CO -TRUSTEE DESCHUTES RIVER WOODS 95-IL5342 LOT 202 BLOCK PP 15. HAVERLY,JONATHAN C 18-11-25B 5600 $4,316.67 HAVERLY,JANICE E DESCHUTES RIVER WOODS 95-15343 LOT 203 BLOCK PP 16. WALLISMORMAN F & NAOMI LYDIA TRUSTEES 18-11-25B 5900 $4,316.67 WALLIS FAMILY REVOCABLE LIVING TRUST DESCHUTES RIVER WOODS 95-153'#4 LOT 204, 205, 206 BLOCK PP 17. CHAMBERLAIN,THOMAS J 18-11-25B 6000 $4,316.67 CHAMBERLAIN,WANDA N, TRUSTEES DESCHUTES RIVER WOODS LOT 207 BLOCK PP S 18. TOLSTOY ALEX JJ5-153 18-11-25B 6100 $4,316.67 DESCHUTES RIVER WOODS 95-153.16 LOT 208 BLOCK PP 19. AMMONS KENNETH M 18-11-25B 6200 $4,316.67 NEAL PRISCILLA DESCHUTES RIVER WOODS LOT 209 BLOCK PP 20. p 11 ���� CLEMPSOQ�ILE2fV'4"l 18-11-25B 6300 $4,316.67 %MURPHY & GOLD APC(A) DESCHUTES RIVER WOODS LOT 210 BLOCK PP 9`15348 21. LYUBLANOVITS,STEPHEN C 18-11-25B 6400 $4,316.67 DESCHUTES RIVER WOODS 95-15349 LOT 211 BLOCK PP 22. MALES, ALEXANDER MICHAEL 18-11-25B 6500 $4,316.67 MALES, BARBARA L DESCHUTES RIVER WOODS 1-15350 LOT 212 BLOCK PP 23. SERNA MANUEL J 18-11-25B 7600 $4,316.67 DESCHUTES RIVER WOODS LOT 11 BLOCK NN . EXHIBIT "A" - CONTINUED 0146-0168 DESCRIPTION OF PROPERTIERS TO BE ASSESSED 3 7:3 0 3 18 GALEN ROAD L.I.D. ESTIMATED PROPERTY ASSESSMENT NAME DESCRIPTION AMOUNT 95~1535. 24. THOMAS,STANLEY A 18-11-25B 7700 $4,316.67 THOMAS,J MAXINE DESCHUTES RIVER WOODS -95-15332 LOT 12 BLOCK NN 25. NEAL,PRISCILLA 18-11-25B 7800 $4,316.67 AMMONS,KENNETH M DESCHUTES RIVER WOODS 95-15353 LOT 13 BLOCK NN 26. SHRODE,WILLIAM L 18-11-25B 7900 $4,316.67 SHRODE,LAURETTA E R WOODS RIVER 95-15354 OT 14 BLODESCHUTES NN 27. SMITH,PATRICK W 18-11-25B 8100 $4,316.67 SMITH,VERA MAE I DESCHUTES RIVER WOODS LOT 2 BLOCK NN EXHIBIT "B" 4 NOTICE OF DECISION TO PROCEED WITH IMPROVEMENTS TO PORTIONS OF GALEN ROAD AND OF INTENT 0146-0169 3 7:3 - 0 319 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: <> To: «NAME1» NAME2o NAME3» «ADDRESS» «CITY», ((ST)) ((ZIP)) Re: «ACCOUNT» Lot «LOT» Block « BLK», «SUBDIVISION» Following testimony at a public hearing on May 10, 1995, and with authority of Chapter 12.48 of the Deschutes County Code, the Board of County Commissioners signed Resolution 95-065 which directs that a local improvement be made to portions of Galen Road 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 benefited by the road improvement. After the improvement has been completed, each benefited property will be assessed for its apportioned share of the improvement costs. Resolution 95-065 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 95-065, according to the method recommended by the County Engineer and approved in Resolution 95-065. The estimated amount of the assessment for this property is $4,316.67. 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) 0146-0170 373 STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) - 0320 1, MARY SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS RECORDED THIS DAY: 95 MAY 10 PM 3: 03 ei tili COIJINTY CLERK BY. _ d DEPUTY 95- 328 NO.------ FEE_' DESCHUTES COUNTY OFFICIAL RECORDS