1999-962-Resolution No. 99-075 Recorded 9/23/1999VOL: CJ1999 PAGE: 962
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-962 *Vol -Pap Printed: 09/24/1999 10:39:40
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Sep. 23, 1999; 9:45 a.m.
Resolution (CJ)
NUMBER OF PAGES: 11
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK KEY UN HED
SEP 2 41999
C 1/999. 9 "
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCH
REVIEWED
LEGAL COUNSEL
A Resolution Determining and Certifying
SEP 23 `01:4
Final Assessments for Local Improvements *
against Certain Benefited Real property * MARY SUE PENHOLLOW
within Piute L.I.D., Setting Terms COUNTY CLERK
for Payment, and Requiring Notices.
RESOLUTION NO. 99-075
WHEREAS, pursuant to Resolution No. 99-011 the Board of County Commissioners of
Deschutes County, Oregon, caused local improvements to be made to all of Piute Circle a
dedicated public road within Deschutes River Woods Subdivision (Piute L.I.D.), in Deschutes
County, Oregon, as described in Section 1 of Resolution No. 99-011 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 benefited property; and
WHEREAS, all benefiting property owners have been 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 September 8, 1999 in accordance with law to fix the final assessment for the
Improvements benefiting certain real property in Piute 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 local
improvements made to the dedicated public road within the Piute 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.
1 - RESOLUTION NO. 99-075 — Mute LID
Section 3. Payment Options and Terms. Pursuant to ORS 371.655, property owners
shall have the option of paying the assessment in full by October 22, 1999 or, upon application
made to the Road Department Director, 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 to their successors in interest.
Section 4. Notice of Assessments. The Road Department Director shall cause to be
published notice of the final assessment on October 3, 1999 and October 10, 1999 in a form in
substantial compliance with that set forth in Exhibit "B" as to all benefited properties. 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. Rateof lhterest. The initial rate of interest to be charged on final
assessments or portions thereof that are unpaid as of October 22, shall be seven percent (7%)
per annum. The interest rate may be adjusted downward later to reflect the rate obtained by
the County on bonds issued to finance the installment payments.
Section 6. Lien. Pursuant to DCC 12.48.240, the Finance Director or his delegate shall
file with the County Clerk a claim of lien#or each and every property listed in Exhibit A for the
amount of the final assessment as certified herein for the purpose of claiming a lien in the
amount of the final assessment upon each and every property listed in Exhibit A herein. The
County Clerk shall, upon the filirig of each such claim of lien record and index them 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 = day of September, 1999.
BOARD OF COUNTY
OF DESCJ*UTES, CQ
L.
ST:
T. N
Recording Secret ry
,CO
J ISSIONERS
�, OREGON
CHAIR
11
iIONER
IS R. LUKE, COMMISSIONER
2 - RESOLUTION NO. 99-075 — Piute LID
EXHIBIT "A"
PIUTE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
SHINO, GEORGE Y. 181136 DO 09700 $3,422.85
SHINO, MICHIKO H. Lot 15 Block E
3140 EASY AVENUE DESCHUTES RIVER WOODS
LONG BEACH, CA 90810
2. ASPLUND, RONALD C.
ASPLUND, DOROTHY C.
42607 BRIDGE RD.
OAKHURST, CA 93644-8659
3. ROMINE, DAINA
ROMINE, RON
19427 PIUTE CIRCLE
BEND, OR 97702
4. SESTRICH, MARGOT
2309 NE HOLIDAY #2
BEND, OR 97701
5. HUDSON, DARREL W.
HUDSON, KRISTIN A.
19413 PIUTE CIRCLE
BEND, OR 97702
6. GUSTAFSON, CRAIG
19410 MOHAWK RD.
BEND, OR 97702
7. WALTERS, VERNA L.
TRUSTEE WALTERS TRUST
60159 CINDER BUTTE ROAD
BEND, OR 97702
8. JONES, HARLAN C.
JONES -ROOT, MARIE A.
603 W IOWA ST.
BOISE, ID 83706
9. HUDSON, DAVID A.
HUDSON, SANDRA L.
19402 PIUTE CIRCLE
BEND, OR 97702
Page 1 - PIUTE L.I.D.
Final Assessment
181136 DO 09800
Lot 16 Block E
DESCHUTES RIVER WOODS
181136 DO 09900
Lot 17 Block E
DESCHUTES RIVER WOODS
181136 DO 10000
Lot 18 Block E
DESCHUTES RIVER WOODS
181136 DO 10100
Lot 19 Block E
DESCHUTES RIVER WOODS
181136 DO 10200
Lot 20 Block E
DESCHUTES RIVER WOODS
181136 DO 10300
Lot 21 Block E
DESCHUTES RIVER WOODS
181136 DO 10400
Lot 4 Block F
DESCHUTES RIVER WOODS
181136 DO 10500
Lot 5 Block F
DESCHUTES RIVER WOODS
$3,422.85
$3,422.85
$3,422.85
$3,422.85
$3,422.85
$3,422.85
$3,422.85
$3,422.85
EXHIBIT "A"
PIUTE L.I.D.
FINAL ASSESSMENT
NAME OF
PROPERTY OWNER
PROPERTY
DESCRIPTION
FINAL
ASSESSMENT
10.
KNOWLES, MARILYN P.
181136 DO 10600
$3,422.85
19377 PIUTE CIRCLE
Lot 6 Block F
BEND, OR 97702
DESCHUTES RIVER WOODS
11.
KNOWLES MARILYN P.
181136 DO 10700
$3,422.85
MERRILL, JOSEPH (CB)
Lot 7 Block F
MERRILL, REBECCA (CB)
DESCHUTES RIVER WOODS
19418 PIUTE CIRCLE
BEND, OR 97702
12.
HARRIS, MICHAEL E.
181136 DO 10800
$3,422.85
HARRIS, BARBARA
Lot 8 Block F
P.O. BOX 2
DESCHUTES RIVER WOODS
CANBY, OR 97013
13.
ROGERS, RAY L.
181136 DO 10900
$3,422.85
3088 NE CHARLESTON
Lot 9 Block F
BEND, OR 97701-8176
DESCHUTES RIVER WOODS
14.
ROGERS, CAROLYN L.
181136 DO 11000
$3,422.85
7295 SW 167TH PLACE
Lot 10 Block F
BEAVERTON, OR 97007
DESCHUTES RIVER WOODS
15.
HAM, WILLIAM BAYLESS
181136 CO 00100
$3,422.85
HAM, JUANITA GODOY
Lot 3 Block F
19388 PIUTE CIRCLE
DESCHUTES RIVER WOODS
BEND, OR 97702
16.
KORNISH, DAVID N.
181136 CO 00200
$3,422.85
KORNISH, DEBORAH E.
Lot 1, 2 Block F
19372 PIUTE CIRCLE
DESCHUTES RIVER WOODS
BEND, OR 97702
17.
KNOWLES, STEVEN M.
181136 CO 00400
$3,422.85
KNOWLES, LINDA J.
Lot 24 Block E
19371 PIUTE CIRCLE
DESCHUTES RIVER WOODS
BEND, OR 97702
18.
KNOWLES, MARILYN P.
181136 CO 00500
$3,422.85
19377 PIUTE CIRCLE
Lot 23 Block E
BEND, OR 97702
DESCHUTES RIVER WOODS
Page 2 - PIUTE L.I.D.
Final Assessment
EXHIBIT "A"
PIUTE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
19. MINAHAN, DENNIS R. 181136C000600 $3,422.85
MINAHAN, MARIAN E. Lot 22 Block E
19389 MUTE CIRCLE DESCHUTES RIVER WOODS
BEND, OR 97702
Page 3 - MUTE L.I.D.
Final Assessment
EXHIBIT "B"
NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT
(BANCROFT BONDING ACT, ORS 223.205 TO 223.300)
[Date]
TO: Owners of Assessed Properties located in Pluto Local Improvement District, lying within
Deschutes River Woods Subdivision.
On September 8, 1999 the Board of County Commissioners of Deschutes County, Oregon
adopted Resolution No. 99-075, determining the amount of and certifying assessments for local
improvements made to dedicated public roads within the Piute L.I.D., on and against properties
benefiting from those improvements, as set forth in this notice. The scope of the local
improvement project is as set forth in Resolution 98-130 dated November 25, 1998 of the Board of
County Commissioners.
Owners of the assessed properties listed herein have the option of paying the assessment in full
by October 22, 1999 or, upon application filed by October 22, 1999 with the Deschutes County
Road Department Director, in installment payments over a 10 -year period. Failure to either file an
installment payment application or to pay the assessment in full by October 22, 1999 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 October 22, 1999. Payment is to be made to
the Deschutes County Finance Department, Deschutes Services Building, 1340 NW Wall St.,
Bend, OR 97701.
Owners wishing to pay in installments must fill out the attached application form provided by the
County. Multiple lot owners are required to have an application for each lot. Such application(s)
must be signed and filed with (received by) the Road Department Director, 61150 SE 27th St.,
Bend, OR 97702 no later than OCTOBER 22, 1999. Failure to submit an application by that
date may result in rejection of an installment payment application option.
Property owners over 62 years old who apply to pay in installments may be eligible for deferral of
the installment payments.
Beginning on October 22, 1999, interest will be charged at an initial rate of seven 7% per annum
on all unpaid assessment amounts. The interest rate may be adjusted downward later to reflect the
rate obtained by the County on bonds issued to finance the installment payments.
Questions should be addressed to Gary Judd, Traffic Engineer, at 61150 SE 27th St., Bend, OR
97702 (541) 388-6581.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
By: Tom Blust
Director, Road Department
EXHIBIT "B"
PIUTE L.I.D.
FINAL ASSESSMENT
Page 1 - PIUTE L.I.D.
Final Assessment
NAME OF
PROPERTY OWNER
PROPERTY
DESCRIPTION
FINAL
ASSESSMENT
1.
SHINO, GEORGE Y.
181136 DO 09700
$3,422.85
SHINO, MICHIKO H.
Lot 15 Block E
DESCHUTES RIVER WOODS
2.
ASPLUND, RONALD C.
181136 DO 09800
$3,422.85
ASPLUND, DOROTHY C.
Lot 16 Block E
DESCHUTES RIVER WOODS
3.
ROMINE, DAINA
181136 DO 09900
$3,422.85
ROMINE, RON
Lot 17 Block E
DESCHUTES RIVER WOODS
4.
SESTRICH, MARGOT
181136 DO 10000
$3,422.85
Lot 18 Block E
DESCHUTES RIVER WOODS
5.
HUDSON, DARREL W.
181136 DO 10100
$3,422.85
HUDSON, KRISTIN A.
Lot 19 Block E
DESCHUTES RIVER WOODS
6.
GUSTAFSON, CRAIG
181136 DO 10200
$3,422.85
Lot 20 Block E
DESCHUTES RIVER WOODS
7.
WALTERS, VERNA L.
181136 DO 10300
$3,422.85
TRUSTEE WALTERS TRUST
Lot 21 Block E
DESCHUTES RIVER WOODS
8.
JONES, HARLAN C.
181136 DO 10400
$3,422.85
JONES -ROOT, MARIE A.
Lot 4 Block F
DESCHUTES RIVER WOODS
9.
HUDSON, DAVID A.
181136 DO 10500
$3,422.85
HUDSON, SANDRA L.
Lot 5 Block F
DESCHUTES RIVER WOODS
10.
KNOWLES, MARILYN P.
181136 DO 10600
$3,422.85
Lot 6 Block F
DESCHUTES RIVER WOODS
11.
KNOWLES MARILYN P.
181136 DO 10700
$3,422.85
MERRILL, JOSEPH (CB)
Lot 7 Block F
MERRILL, REBECCA (CB)
DESCHUTES RIVER WOODS
Page 1 - PIUTE L.I.D.
Final Assessment
EXHIBIT "B"
PIUTE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
12. HARRIS, MICHAEL E. 181136 DO 10800 $3,422.85
HARRIS, BARBARA Lot 8 Block F
DESCHUTES RIVER WOODS
13. ROGERS, RAY L. 181136 DO 10900 $3,422.85
Lot 9 Block F
DESCHUTES RIVER WOODS
14. ROGERS, CAROLYN L. 181136 D011000 $3,422.85
Lot 10 Block F
DESCHUTES RIVER WOODS
15. HAM, WILLIAM BAYLESS 181136 CO 00100 $3,422.85
HAM, JUANITA GODOY Lot 3 Block F
DESCHUTES RIVER WOODS
16. KORNISH, DAVID N.
KORNISH, DEBORAH E.
17. KNOWLES, STEVEN M
KNOWLES, LINDA J.
18. KNOWLES, MARILYN P.
19. MINAHAN, DENNIS R.
MINAHAN, MARIAN E.
Page 2 - PIUTE L.I.D.
Final Assessment
181136 CO 00200
$3,422.85
Lot 1, 2 Block F
DESCHUTES RIVER WOODS
181136 CO 00400
$3,422.85
Lot 24 Block E
DESCHUTES RIVER WOODS
181136 CO 00500
$3,422.85
Lot 23 Block E
DESCHUTES RIVER WOODS
181136C000600
$3,422.85
Lot 22 Block E
DESCHUTES RIVER WOODS
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
YOU MUST RETURN ALL 3 PAGES OF THIS APPLICATION
APPLICATION AND INSTALLMENT PAYMENT AGREEMENT
TO FINANCE ASSESSMENT FOR LOCAL IMPROVEMENTS IN
PIUTE
LOCAL IMPROVEMENT DISTRICT
TO: Deschutes County Board of Commissioners
c/o Deschutes County Road Department 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)
benefited by certain local improvements made to dedicated public roads within the Piute L.I.D.
The Final Assessment was determined and levied against the Property by Resolution 99-075 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 benefited by the described local improvement and assessed for
the costs of those improvements. The Property is described as follows:
Legal Description: LOT «LOT» BLOCK «BLKv
SUBDIVISION: ((SUBDIVISION))
Tax Lot Number: ((ACCOUNT))
Ownership information on the Property is as follows:
Owner's name: « NAME1»
NAME2»
NAME3»
NAME4»
Owner's address: «ADDRESS»
((CITY)), «ST» ((ZIP))
Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the
property is $3,422.85 and that the Final Assessment arises from local improvements made to
the dedicated public roads within the Piute L.I.D., in Deschutes County, Oregon, which project is
known as the Piute L.I.D., as described in Resolution No. 99-011 of the Board of County
Commissioners.
Page 1 of 3
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, or as
it may be adjusted, by the Board of County Commissioners has been or will be 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 (see paragraph 2 below). 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:
Basis of Payment Terms. The payment schedule set forth in this document are based
upon the assumption that the entire amount of the $3,422.85 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 October 22, 1999, but that election shall
operate only to reduce the outstanding principal amount and shall not change the
amount of installment payments set forth in Paragraph 2 of this document.
2. Terms. Installment payments on the $3,422.85 Final Assessment shall be due in
equal semi-annual installments of $240.84, including interest at an initial rate of 7%
per annum accruing from October 22, 1999, 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, 2000, until all outstanding
amounts have been paid. County reserves the right to adjust the initial interest rate
downward, depending upon the rate of interest it receives on bonds sold to finance
installment payments on LID projects. Any such adjustment shall have no effect on
the amount of the semi-annual installment payment due under this Application and
Agreement, but shall be reflected in the amounts credited to paying down the principal
amount owed under this Application and Agreement. Unless you receive notice to the
contrary, payment shall be made to the Deschutes County Finance Department,
Deschutes Services Building, 1340 NW Wall 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
Page 2 of 3
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 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 Finance Department. 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 ROAD DEPARTMENT DIRECTOR NO LATER THAN 5:00 PM ON OCTOBER
22, 1999. 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:
(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 11999.
Applicant(s):
Signature
Signature
Page 3of3
Signature
Signature
