1999-64-Resolution No. 99-011 Recorded 2/5/1999VOL: CJ1999 PAGE: 64
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Feb. 5, 1999; 1:09 p.m.
Resolution (CJ)
MARY SUE PENHOLLOW
DESCHUTP.S COUNTY CLERK �y�+
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
MICROFILMED
9«
VOL: 1999 PAGE: 6077
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Feb. 5, 1999; 1:09 p.m.
LID Notice of
Intent to Lien
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
*1999-6077 *Vol -Page 02/05/1999 14:27:47
eu- � q - 6 Y -01 -
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
A Resolution Relating to the Improvement of all of *
Piute Circle (Piute Circle LID) in Deschutes County,*
Oregon directing the Improvement to be made by
Contract and Establishing Notice of Intent to
Assess Properties Benefited Thereby.
=v1o77_
LEGAL COUNSEL
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WHEREAS, on November 25, 1998, the Board of County Commissioners (Board)
of Deschutes County, Oregon, initiated, by Resolution No. 98-130, the improvement of a
certain dedicated public road known as Piute Circle (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
99-015; and
WHEREAS, pursuant to Order 99-015 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 on February 3,
1999, at the Deschutes County Board of Commissioner's Hearing Room, Administrative
Building, 1130 NW Harriman, Bend, Oregon, 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 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, $-- 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,
1 - RESOLUTION NO. 99-011
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 all
of Piute Circle as shown on Exhibit A 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 pursuant to the Engineer's
Report.
Section 3 That the boundaries of the local improvement district shall be as set
forth in the map as shown on Exhibit A; that the benefited properties have been
determined to be as listed in said Engineer's report and shown on said Exhibit A map and
as listed in Exhibit B 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 B 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 B 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 C 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. 99-011
�'?-�W77-0
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 9 day of February, 1999.
Recording Secretary
3 - RESOLUTION NO. 99-011
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
LINDA L. SWEARINGEN, CHAIR
99 4a 77-v
EXHIBIT °A"
PAGE 1 OF 2
MUTE CIRCLE L.I.D.
BENEFITED AREA
Block E, Lots 15 through 24
Block F, Lots 1 through 10
All within Deschutes River Woods Subdivision.
Section
36
Sec. 36, T1 8S, R11 E,wm
t ; Affected Lots
[_] Other Lots
0401 %MVV V"ddeptYld kde
EXHIBIT "A"
PAGE 2OF2
Piute L.I.D.
Deschutes County
Local Improvement District
Printed: November 10, 1998
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EXHIBIT "C"
NOTICE OF DECISION
TO PROCEED WITH IMPROVEMENTS TO
ALL OF PIUTE CIRCLE 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: p
To: « NAME1»
NAME2»
«NAME3»
«ADDRESS»
«CITY», «ST» «ZIP»
Re: ((ACCOUNT)) Lot ((LOT)) Block « BLK», ((SUBDIVISION))
Following testimony at a public hearing on February 3, 1999, and with authority of Chapter
12.48 of the Deschutes County Code, the Board of County Commissioners signed Resolution
99-011 which directs that a local improvement be made to all of Piute Circle 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 99-011
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 99-011, according to the method recommended by the County Engineer and
approved in Order 99-015. The estimated amount of the assessment for this property is
$4,394.21.
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
TOM BLUST, Road Department Director
(On Behalf of the Board)