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1996-04817-Resolution No. 96-013 Recorded 2/1/199696-04817 REV ED 9E -0379Z LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Determining and Certifying 398 1600 Final Assessments for Local Improvements -=--1 against Certain Benefitted Real Property within Galen Road L.I.D., Setting Terms for;-,- *' Payment and Requiring Notices. RESOLUTION NO. 96-013 01-M-6 I t>tD WHEREAS, pursuant to Resolution No. 95-065 the Board of County Commissioners of Deschutes County, Oregon, caused local improvements to be made to a portion of Galen Road, a dedicated public road within the Galen Road L.I.D., in Deschutes County, Oregon, as described in Section 1 of Resolution No. 95-065 and incorporated herein by reference ("the Improvements"); and WHEREAS, the Improvements have been completed, all costs have been accounted for on the project and a final assessment reflecting actual costs of the Improvements has been determined for each benefitted property; and WHEREAS, all benefitting property owners were notified of the amount of the final assessment and the time for a hearing on the final assessment; and WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, held a hearing on January 17, 1996 in accordance with law to fix the final assessment for the Improvements benefitting certain real property in Galen Road L.I.D. in Deschutes County, Oregon; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Determination of Final Assessment Amounts. The final assessments for the Improvements made to the dedicated public roads within the Galen Road L.I.D., 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 2. 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 3. Payment Options and Terms. Pursuant to ORS 371.655, property owners shall have the option of paying the assessment in full by March 1, 1996 or, upon application made to the Director of Public Works, by installment payments under terms set forth in Section 4 below. The terms included in this resolution shall apply to current owners of assessed properties and 1 - RESOLUTION 96-013 (1/31/96) //:z -C ONLIAED 398 -! 1601 to their successors in interest. Section 4. Notice of Assessments. The Director of Public Works shall cause to be published notice of the final assessment on February 7, 1996 and February 14, 1996 in a form in substantial compliance with that set forth in Exhibit "B" listing the assessment for each benefitted property. Each owner of property to be assessed shall be mailed a copy of said notice listing the final assessment for the individual owner's property and an application and agreement to finance improvements, as set forth in Exhibit "C", attached hereto and by this reference incorporated herein. Section 5. Rate of Interest. The rate of interest to be charged on final assessments or portions thereof that are unpaid as of March 1, 1996 shall be nine percent (9%) per annum. Section 6. Lien. This order shall be filed with the County Clerk and the County Clerk shall, upon the filing of this Order, 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 31st day of January, 1996. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Y C ATTEST: 'NANC POPE LANGEN, Commissioner Recording Secre ary ROB RT L. NIPPE , Commissioner 2 - RESOLUTION 96-013 (1/31/96) 01"lio3-6'-il 3iJ GALEN ROAD L.I.D. - FINAL ASSESSMENT 398 a 1602 NAME OF PROPERTY FINAL NO. PROPERTY OWNER DESCRIPTION ASSESSMENT 1. VOOS, DAVID J VOOS, KI M 1 61181 PARRELL RD IAC &6702 2. KNOWLES,STEVEN M KNOWLES,LINDA J 19377 PIUTE CIR BEND, OR Mt 3. S�!gq'C�T Mt LAS W. 19234 GALEN RD BEND, OR 97702 96-03'795 4. JOHNSON JEFFREY M JOHNSON HEATHER R 19238 GALEN RD BEND, OR 97702 96-03'79+6 5. HAMPSHIRE,FRED N HAMPSHIRE,DOLORES 19242 GALEN RD BEND, OR 97702 96-03'79'7 6. POAGE,LORAN POAGE,CAROLYN 65260 HWY 20 W BEND, OR 97701 96-03'798 7. REECE WALTER E 9522 VONS DR GARDEN GROVE, CA 92641 8. C A- UT7 I' A. P.O. BOX 6611 BEND, OR 97708 96-03800 9. GAYLORD FRANCES A 1750 FISCHER AVE MCKINLEYVILLE, CA 95521 Page 1 of 3 - Galen Road L.I.D. Final Assessment 18-11-25BO 04200 $2,874.10 Lot 189 Block 18-11-25BO 04200 Deschutes River Woods Subdivision 18-11-25BO 04300 $2,874.10 Lot 190 Block 18-11-25BO 04300 Deschutes River Woods Subdivision 18-11-25BO 04400 $2,874.10 Lot 191 Block 18-11-25BO 04400 Deschutes River Woods Subdivision 18-11-25BO 04500 $2,874.10 Lot 192 Block 18-11-25BO 04500 Deschutes River Woods Subdivision 18-11-25BO 04600 $2,874.10 Lot 193 Block 18-11-25BO 04600 Deschutes River Woods Subdivision 18-11-25BO 04700 $2,874.10 Lot 194 Block 18-11-25BO 04700 Deschutes River Woods Subdivision 18-11-25BO 04800 $2,874.10 Lot 195 Block 18-11-25BO 04800 Deschutes River Woods Subdivision 18-11-25BO 04900 $2,874.10 Lot 196 Block 18-11-25BO 04900 Deschutes River Woods Subdivision 18-11-25BO 05000 $2,874.10 Lot 197 Block 18-11-25BO 05000 Deschutes River Woods Subdivision EXHIBIT page ---1----- 0149-01730"" GALEN ROAD L.I.D. - FINAL ASSESSMENTS 9 8 - 16 Q 3 NAME OF PROPERTY FINAL NO. PROPERTY OWNER DESCRIPTION ASSESSMENT 96-0380 10 MALES, ALEXANDER MICHAEL 18-11-25BO 05100 $2,874.10 MALES, BARBARA LYN Lot 198 Block 18-11-25BO 05100 119�92666 GALEN ROAD Deschutes River Woods Subdivision 96 -O: ;t O R 97702 11 PAULSON,DARWIN J PAULSON,JUDITH K 601EEE VIRGINIA 96^'OO:SDORA, CA 91740 12 MOORE BRIAN MOORE JANINE 19276 GALEN RD BEND, OR 97702 96-03804 13 HERRERA,CONSTANCE MARIE PO BOX 6747 BEND, OR 97708 96-03805 14 EVANS WILLIAM R CO -TRUSTEE EVANS JACQLYN R CO -TRUSTEE 80460 DELIGHT VALLEY SCHOOL RD COTTAGE GROVE, OR 97424 96-03806 15 HAVERLY,JONATHAN C HAVERLY,JANICE E 19288 GALEN RD BEND, OR 97702 96-0380' 16 WALLIS,NORMAN F & NAOMI LYDIA TRUSTEES WALLIS FAMILY REVOCABLE LIVING TRUST 19296 GALEN RD BEND, OR 97702 9�79ANERLAINJHOMAS J CHAMBERLAIN,WANDA N TRUSTEES 19306 GALEN RD" BEND, OR 97702 Page 2Lof 3 - Galen Road L.I.D. Final Assessment 18-11-25BO 05200 $2,874.10 Lot 199 Block 18-11-25BO 05200 Deschutes River Woods Subdivision 18-11-25BO 05300 $2,874.10 Lot 200 Block 18-11-25BO 05300 Deschutes River Woods Subdivision 18-11-25BO 05400 $2,874.10 Lot 201 Block 18-11-25BO 05400 Deschutes River Woods Subdivision 18-11-25BO 05500 $2,874.10 Lot 202 Block 18-11-25BO 05500 Deschutes River Woods Subdivision 18-11-25BO 05600 $2,874.10 Lot 203 Block 18-11-25BO 05600 Deschutes River Woods Subdivision 18-11-25BO 05900 $2,874.10 Lot 204, 205, 206 Block 18-11-25BO 05900 Deschutes River Woods Subdivision 18-11-25BO 06000 $2,874.10 Lot 207 Block 18-11-25BO 06000 Deschutes River Woods Subdivision EXHIBIT A Mage -2-- tw 41►, 0-1 GALEN ROAD L.I.D. - FINAL ASSESSMENT�`� j 09E 1.604 NAME OF PROPERTY FINAL NO. PROPERTY OWNER DESCRIPTION ASSESSMENT 96-03809 18 BRAYMENT, ROBERT K. 18-11-25BO 06100 $2,874.10 BRAYMEN, MARIANNE Lot 208 Block 18-11-25BO 06100 19312 GALEN RD Deschutes River Woods Subdivision 96^45g ,&R 97702 19 AMMONS KENNETH M NEAL PRISCILLA 19313 GALEN RD BEND, OR 97702 96-03811 20 JONES VALERIE D. 25617 SALCEDA RD. 96-03gjl[�VNCIA, CA 91335-2216 21 LYUBLANOVITS,STEPHEN C 19330 GALEN RD 96-(J�30R 97702 22 SIEVERS, LAUREL F. SIEVERS, RUTH L. 1192666 GALEN RD 96-0jgjj, OR 97702 23 SERNA MANUEL J 432 E SILVA ST 96.6'ggj�EACH, CA 18-11-25BO 06200 $2,874.10 Lot 209 Block 18-11-25BO 06200 Deschutes River Woods Subdivision 18-11-25BO 06300 $2,874.10 Lot 210 Block 18-11-25BO 06300 Deschutes River Woods Subdivision 18-11-25BO 06400 $2,874.10 Lot 211 Block 18-11-25BO 06400 Deschutes River Woods Subdivision 18-11-25BO 06500 $2,874.10 Lot 212 Block 18-11-25BO 06500 Deschutes River Woods Subdivision 18-11-25BO 07600 $2,874.10 Lot 11 Block 18-11-25BO 07600 90805 Deschutes River Woods Subdivision 24 THOMAS,STANLEY A THOMAS,J MAXINE 19325 GALEN RD BEND, OR 97702 96-03816 25 AMMONS,KENNETH M 19313 GALEN RD BEND, OR 97702 96-0381'7 26 SHRODE,WILLIAM L SHRODE,LAURETTA E PO BOX 9511 BEND, OR 97708 9G-0,361$ 27 VN A RN, JEAN M 19245 GALEN RD BEND, OR 97702 Page 3 of 3 - Galen Road L. I. D. Final Assessment 18-11-25BO 07700 $2,874.10 Lot 12 Block 18-11-25BO 07700 Deschutes River Woods Subdivision 18-11-25BO 07800 $2,874.10 Lot 13 Block 18-11-25BO 07800 Deschutes River Woods Subdivision 18-11-25BO 07900 $2,874.10 Lot 14 Block 18-11-25BO 07900 Deschutes River Woods Subdivision 18-11-25BO 08100 $2,874.10 Lot 2 Block 18-11-25BO 08100 Deschutes River Woods Subdivision EXHIBIT Q Page 3 39s 1605 Exhibit B ' C — �A�� 6 f t NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT (BANCROFT BONDING ACT, ORS 223.205 TO 223.300) TO: Owners of Assessed Properties Galen Road Local Improvement District Deschutes River Woods Subdivision On January 31, 1996, the Board of County Commissioners of Deschutes County, Oregon adopted Resolution No. 96-013, determining the amount of and certifying assessments for local improvements made to dedicated public roads within the Galen Road L.I.D., on and against properties benefitting from those 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 Resolution No. 95-065 of the Board of County Commissioners. Owners of the assessed properties listed herein have the option of paying the assessment in full by March 1, 1996 or, upon application filed by March 1, 1996 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 1, 1996 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 1, 1996. 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 1, 1996. Failure to submit an application by that date may result in rejection of an installment payment application. Property owners over 62 years old who apply to pay in installments may be eligible for deferral of the installment payments. Beginning on March 1, 1996, interest will be charged at a rate of 9% per annum on all unpaid assessment amounts. Questions should be addressed to Tom Blust, County Engineer 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 i`��•!V i�VJ 390 -i 1606 Exhibit C APPLICATION AND INSTALLMENT PAYMENT AGREEMENT TO FINANCE ASSESSMENT FOR LOCAL IMPROVEMENTS IN GALEN ROAD 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) , I (we) ( hereafter referred to as "Applicant" of "Applicants") apply to finance the final assessment (hereafter referred to as "Final Assessment") levied against the Property (see legal description) benefitted by certain local improvements made to dedicated public roads within the Galen Road L.I.D. The Final Assessment was determined and levied against the Property by Resolution 96-013 of the Board of County Commissioners and docketed upon the Docket of Local Improvement District Liens of Deschutes County, Oregon. Applicant(s) own(s) the Property benefitted by the described local improvement and assessed for the costs of those improvements. The 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: Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the property is $2,874.10 and that the Final Assessment arises from improvements made to the dedicated public roads within the Galen Road L.I.D., in Deschutes County, Oregon, which project is known as the Galen Road L.I.D., as described in Resolution 95-065 of the Board of County Commissioners. Applicant(s) agree(s) to pay the Final Assessment on the Property over a period of up to 10 years, as outlined in this document. Applicant(s) acknowledge(s) 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 assessment program and issuing bonds authorized under Oregon law. Applicant(s) agree(s) to pay interest at that rate. Applicant(s) further acknowledge(s) that financed assessment amounts are a lien against the Property. In applying to finance payment of the Final Assessment, Applicant(s) agree(s) to make installment payments under the following terms: 1. Basis of Payment Terms. The payment schedule set forth in this document are based upon the assumption that the entire amount of the $2,874.10 Final Assessment will be financed over a ten-year period with 20 equal installment payments. Applicant(s) may choose to finance less than the entire amount of the Final Assessment by making principal payments at any time in advance of March 1, 1996, but that 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 of this document. 2. Terms. Installment payments on the $2,874.10 Final Assessment shall be due in equal semi-annual installments of $220.95, including interest at a rate of 9% per annum accruing from March 1, 1996, 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, 1996, until all outstanding amounts have been paid. Unless you receive notice 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 the next installment payment due. 4. Payment on Delinquent Accounts. This account will be delinquent if full payment of any semi-annual installment has not been received by the due date. Payments on accounts with delinquencies shall be applied to accrued interest first. 5. Enforcement and Collection. The Final Assessment is not a personal obligation of Applicant(s). The Final Assessment is a charge against the Property only. If any scheduled semi- annual installment payment, or any amount thereof, remains unpaid for more than one year after it is due, the County may undertake actions against the Property to collect such delinquencies, including foreclosure, for the entire outstanding final assessment amount, accrued interest and costs, as allowed by Chapter 12.48 of the County Code and applicable state law. Failure of the County to assert any rights it may have under law and this agreement regarding 008 -! 1608 enforcement and collection shall not constitute a waiver of any of County's 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 Property and bind any of the Applicant(s)'s successors in interest. 7. Deferral of Payments. Qualifying Applicant(s) may defer payments under this installment agreement pursuant to the provisions of ORS 311.702 - 311.735 upon completion of a separate application to the County Treasurer. Such application, if accepted, does not terminate the provisions of this agreement. Failure of the Oregon Department of Revenue to pay installment payments deferred by still -qualifying Applicant(s) shall be regarded as a default under this agreement. Applicant(s) desiring to defer installment payments must first complete an application and agreement to pay the Final Assessment amount in installments. 8. THIS APPLICATION AND AGREEMENT MUST BE RECEIVED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS NO LATER THAN 5:00 PM ON MARCH 1, 1996. 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 Applicant(s) as owner(s) of the Property, does (do) hereby expressly waive all irregularities or defects, jurisdictional or otherwise, as to the following: (1) In the proceedings to cause the local improvement for which the Final Assessment has been levied; (2) In the apportionment of the actual cost of the local improvement to individual properties and the calculation of the actual cost of the local improvement. Applicant(s) acknowledge(s) that the Property is legally charged with the Final Assessment set forth in this document. Dated this day of 1996 Applicant(s): Signature Signature 398 -1 1609 DIjq_0-7f� 14, STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) 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: 96 rpp, pj,j 23) 14 ol j BY NOL v DESCHUTES COUNTY OFFICIAL