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2001-78-Order No. 2001-019 Recorded 2/15/2001VOL: CJ2001 PAGE: 78 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02001-78 * Vol -Page Printed: 02/28/2001 08:52:01 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: Feb. 15, 2001; 8:10 a.m. Order (CJ) NUMBER OF PAGES: 16 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK NSD FE 9 ; 2 ,, 2001 ///////////S((V�w.//r■w/■■■ � .-_.. ....... .; ids '#'.��t�e`']se-,roa3try ,.Qe3' Lr'' i cc. 'INS -'L BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order declaring the intention to create a Local 01 FEB 15 PH 8: 10 Improvement District known as Mohawk L.I.D.. for the MAl{ 5 IE i'k rti'L4_�1'f;r improvement of Certain Dedicated Public Roads Known as COUNTY CLERK all of Mohawk Road, Mohawk Circle and Osage Road, within Deschutes River Woods Subdivision, Known as Mohawk L.I.D., Deschutes County, Oregon, Accepting the Engineer's Feasibility Report, Setting the Hearing for Remonstrance, and Authorizing the Road Director to Give Notice of Said Hearing. ORDER NO. 2001-019 WHEREAS, the Board of County Commissioners, by Resolution 2000-081 initiated the improvement of certain dedicated public roads known as Mohawk L.I.D. and WHEREAS, the County Engineer has investigated the feasibility of making the improvements, estimated the cost of the improvements, proposed a method of assessment and estimated the amount of the assessments against each of the specially benefited properties, in accordance with 12.48.150 of the Deschutes County Code; and WHEREAS, the Board has considered the Engineer's report and has determined to proceed with the proposed improvements, subject to the notice and hearing requirements of Chapter 12.48 of the Deschutes County Code; and WHEREAS, the Engineer conducted a mail poll of all the owners of all specially benefited lots within the LID in accordance with Section 12.48.166 of the Deschutes County Code. The poll approval rate is 60% of the owners of land representing over 60% of the total amount of the estimated assessment for the proposed local improvement; and WHEREAS, Section 12.48.170 of the Deschutes County Code requires that the Board provide notice to specially benefited property owners and set a hearing for the purpose of hearing remonstrances to said improvements; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the Engineer's Report relating to the improvement of certain dedicated public roads known as Mohawk Road, Mohawk Circle and Osage Road within Deschutes River Woods Subdivision, Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference incorporated herein, be accepted and hereby approved. PAGE 1 OF 2 - ORDER NO. 2001-019 Section 2. That a hearing be set on March 14, 2001 at 10:00 a.m. at the Deschutes County Board of Commissioner's Hearing Room, Administrative Building, 1130 NW Harriman, Bend, Oregon for the purpose of hearing remonstrances to said improvements. Section 3. That, subject to the hearing process set forth by Chapter 12.48 of the Deschutes County Code, the LID be formed and the improvements carried out as described in said Engineer's Report. Section 4. That the Road Department Director 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. /(� 1 DATED this day offer 2001. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDER NO. 2001-019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTE , COUNTY OREGON -�--``�.r-1,, TOM DE F, CHAIR DENNIS R. LUKE, COMMISWNER MICIIACEL WDALY, COMMISSIONER ,-TES EXHIBIT "A" C)rNf ¢ti !�,-'r u Road Department MEMORANDUM 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 TO: Board of County Commissioners FROM: Gary Judd, Engineer DATE: January 5, 2001 SUBJ: Feasibility study for the Mohawk L.I.D. This report is made pursuant to Section 12.48.150 of the Deschutes County Code concerning the engineering investigation, by the Deschutes County Road Department, of proposed local road improvements. Deschutes County received a petition from certain property owners to improve certain dedicated public roads known as Mohawk Road, Mohawk Circle, and Osage Road in Deschutes River Woods Subdivision, near Bend, Oregon. Due to this petition, the Deschutes County Board of Commissioners initiated a Local Improvement District by Resolution No. 2000-081 signed on November 22, 2000. The Resolution was referred to the Deschutes County Road Department for the completion of a feasibility study of the proposed local improvements in accordance with Deschutes County Code 12.48.150. This report constitutes the engineer's findings. GENERAL DESCRIPTION OF THE ROAD AND SURROUNDING AREA The area in which the road 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 Highway 97 by way of Baker Road. The primary access for this portion of the Subdivision is Navajo Road, which intersects with Cinder Butte Road, which intersects with Baker Road. Cinder Butte is designated as a rural Collector and Baker Road is designated as a rural Arterial on the Transportation Plan Map. Osage Road and Mohawk Circle intersect with Mohawk Road which intersects with Navajo Road. All of the lots within the boundaries of the LID abut on one of the roads to be improved. Quality Services Performed with Pride FEASIBILITY STUDY MOHAWK LID 2 of 6 The roads within the proposed LID are currently unpaved roads consisting of decomposed aggregate and dirt. The roads were built to serve lots in Deschutes River Woods in the late 1960's. None of the roads in the LID are constructed to current County standards and are not included in the County maintained road system. The County bears no responsibility for maintaining these roads. Maintenance of the roads must be provided by owners of the property served by these roads. Since the roads are unpaved, they are prone to extensive washboarding and rutting, which requires frequent grading to smooth the ruts and washboards out. Repeated grading, snowplowing, and the effects of traffic have caused the base material to nearly disappear from the roadway. In many places the roads are now down to dirt, with rocks showing through. A map of the area is attached hereto as Exhibit 1. OPTIMAL LOCATION AND EXTENT OF THE IMPROVEMENT The roads to be improved are classified as local streets by the Deschutes County Transportation Plan. Meaning that the purpose of these roads is to carry local traffic and primarily serve lots abutting the subject streets. See DCC 17.08.620(F). Since all of the roads within this part of the subdivision are included in the Local Improvement District, this is an optimal location and extent of the project. The proposed improved roads will facilitate orderly development and efficient use of infrastructure throughout the neighborhood as well as effective maintenance of the improvements. BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT DCC 12.48.130 requires that properties to be assessed 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 improvement and the roads to be improved. Properties abutting a street improvement are presumed to benefit from such construction. Accordingly, except as noted herein, the boundaries of the LID have been drawn to include those properties abutting the improvements. Because the roads are designated as rural local roads and will be constructed to standards appropriate for rural local roads. A map of the Local Improvement District is attached hereto as Exhibit 2. DESCRIPTION OF THE CONSTRUCTION DESIGN 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 20 or 24 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. FEASIBILITY STUDY MOHAWK LID 3 of 6 This engineer's report has been drafted anticipating that the work to be done will meet the rural local road construction standards. The following is a description of the proposed work under those standards: Mobilization - normal mobilization costs incurred in preparation of the work. Construction Surveying - setting 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 for the roadway and a four inch depth of aggregate will be used for driveway approaches. Paving - the paving will be a two inches in depth of asphaltic concrete surface. The pavement width will be twenty feet. 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, payment collection, and interim financing costs. From the staff's 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-ways are 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 road to be improved is already laid out and in use. The terrain is generally rolling in nature, with some areas where excavation and embankment will be required. If slopes extend outside of the right-of-way, easements will be obtained from the property owners affected. CONSISTENCY WITH LAND USE REGULATIONS There are two considerations to be looked at in assessing whether the proposed improvements are consistent with zoning requirements. First, whether the class of the road improvement is one that would require land use approval and second, whether the requirements of the applicable zones would require land use approval. FEASIBILITY STUDY MOHAWK LID 4 of 6 In this case, the proposed improvements would be considered to be a Class III road or street project. Class Iii road and street projects are those involving modernization, traffic safety improvements, maintenance, repair, or preservation of a road or street. See DCC 17.08.625(C). Improvements falling within this classification do not as a general rule require a land use permit. As a general rule, it is only when modernization involves widening by more than one lane that a land use permit is required. See, e.g., DCC 17.08.625(B) regarding Class II road and street projects. That scenario is not presented by the proposed road improvements. As to the requirements of the zones themselves, the proposed improvements are located within Rural Residential (RR -10) zone. Class III road improvements in the RR -10 zone are outright permitted uses. See DCC 18.60.020(F). The proposed project is consistent with the RR -10 zoning and may proceed without obtaining permits. Given that zoning allows for the proposed improvement, the project is feasible from a land use perspective. DETERMINATION OF MAXIMUM 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 and indirect costs incurred by the County to undertake a capital construction project such as that proposed by Resolution No 2000-081 "Actual costs" 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 district, such as meeting with property owners, preparing and processing the feasibility report, and providing notice and conducting hearings. The engineer has determined the maximum actual cost of the proposed local improvement, including interim financing, to be assessed to the benefited properties is $191,458. Attached as Exhibit 113" is a detailed schedule of the cost estimate. The estimate construction costs are based on 1999 project costs for similar types of construction. A contingency has been added to the construction costs 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 costs of materials and labor. PROPOSED METHOD OF ASSESSMENT 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 or maximum actual cost, which ever is less, 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, except combined or partitioned lots, have more or less an equal size, it is reasonable to assume that each abutting lot will have only one residence; therefore, the ability to use the improvements would be the same per lot regardless of the frontage a particular lot has. FEASIBILITY STUDY MOHAWK LID 5 of 6 The boundaries of the LID have been drawn to include only properties that abut or directly access onto 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 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. SPECIAL BENEFITS TO ASSESSED PROPERTIES All of the properties to be assessed abut the proposed improvements. As rural local roads, abutting properties may take access directly from any of the road segments to be improved. After the improvements are finished, all properties proposed to be assessed will have the entirety of their access be by way of a paved improved road designed and constructed to County standards. County standards reflect the safety and design criteria of the Association of State Highway and Transportation Officials (AASHTO). The roads to be improved currently do not meet AASHTO safety standards. Direct access from paved, improved roads will reduce wear and tear on vehicles and generally make access to the abutting properties for the entire length of the access more convenient. Direct access from paved, improved roads will improve response time from emergency service vehicles, such as fire trucks and ambulances. Emergency service vehicles will not be required to slow down to negotiate bad stretches of road. Direct access from paved, improved roads will reduce dust raised by vehicles traveling past residences on aggregate roads. The status of the roads, as improved to County standards, will allow the County to accept the roads into the County maintained road system for maintenance. The County currently has a policy of not accepting roads or streets into the County maintained road system that have not been constructed to County standards. Such roads are not maintained by the County and if property owners who use them wish them to be maintained they must take responsibility for such maintenance. Unimproved roads require frequent maintenance to keep them from getting rutted and washboarded. This can be an expensive undertaking, especially when additional base material is added. Often, the washboards and ruts will reappear on the surface of the road after only a week and the road will need to be regraded. In a heavy snow winter, these roads often need to be snow plowed. As County maintained roads, the improved roads would be plowed by the County according to the County's schedule for plowing. Properties not abutting the improvements will not gain the benefits of County road maintenance. FEASIBILITY STUDY MOHAWK LID 6 of 6 Direct access from a paved road will improve the property values of the abutting properties. For all these reasons, the properties to be assessed are specially benefited from the proposed improvements. Exhibit "2" is a drawing showing specially benefited properties. DESCRIPTION AND ASSESSED VALUE A description and assessed value of each lot or parcel to be specially benefited by the local improvements and included within the LID boundaries, with the names of the owners of record, is attached as Exhibit "4" of this report. MAXIMUM ASSESSMENT AGAINST EACH LOT The maximum assessment against each lot or parcel to be included in the LID is: $191,458 / 35 lots = $5,470.24 per lot. This is the assessment against each lot that the County agrees not to exceed, if the actual costs are less than the engineer's estimate then the assessment against each lot will be reduced. FINANCIAL CONSIDERATIONS DCC 12.48.150(B) addresses minimum requirements for the financial feasibility of the proposed project. Attached as exhibit "5" is the analysis by the County Finance Director regarding financial feasibility of the project. Since 74% of the specially benefited properties have been developed, the requirements of 12.48.330(A) do not have to be specifically met. M 0 =CN �$ AV Z 0 0 L(j �Gi a� �$e � W L U Ok 8ige�a z Ln 0 €o ��a"sem%= 0 ;U�E$ � — v U) V F- J 3 p say V 0000LO0O09£LLLLp99 a9 009L009£ 009LOOg£L8L OtL09w 00£LOOp9£LL9L OOZLo049£LL9L OOLL0oO9£LL9L 009Lo009ELL9L 006LO009£LL9L OOOZ0009£LL9L AOOVZOOOK O 0 Cl) 0 0 cn o U U o Uco 0 obi off) U N � rn o D co co ° Cl)co m o O o0 o O M c 0 N 0 CO, O CD O U U O o N 00 N .m- o Cl) 0 0 cn o U U o Uco obi off) U ro ro 009£000g£LLgI OOL£0009£LL9L 009£0009u m O� 0 M Exhibit 3 MOHAWK LOCAL IMPROVEMENT DISTRICT COST ESTIMATE ITEM QUANTITY UNIT PRICE COST MOBILIZATION All Lump Sum $ 8,486 SURVEYING All Lump Sum 6,765 TEMP. TRAFFIC CONTROL All Lump Sum 1,691 TEMP. SIGNS 113 S.F. $8.00 906 FLAGGERS 56 HRS $33.00 1,864 CLEARING & GRUBBING All Lump Sum 19,932 EARTHWORK 1,812 C.Y. $11.00 19,932 FINISH ROADBED 3,020 L.F. $ 2.00 6,040 WATERING 566 M.G $ 5.00 2,830 6" OF BASE 8,053 S.Y. $ 4.40 35,435 2" OF A.C. 905 TNS $ 35.00 31,668 2' AGG. SHOULDERS 1,342 S.Y. $ 3.50 4,698 DRAINAGE All Lump Sum 10,000 DRIVEWAYS 35 EA. $300.00 10,500 SUBTOTAL $144,770 CONST. CONTINGENCY 15% 21,715 SUBTOTAL $166,485 ENGINEER & ADMINISTRATION 15% 24,973 TOTAL LID COST $191,458 EXHIBIT "4" NO. NAME PROPERTY ASSESSED NOT TO DESCRIPTION VALUE EXCEED COST 1. BELL,BECKY A 181136DO06900 $100,425.00 $5,470.24 PARKER,TY ANTHONY Lot 3 Block B 2650 NE HIGHWAY 20 #G-101 DESCHUTES RIVER WOODS BEND, OR 97701-5094 2. BERNHARDT,ERIC J 181136DO07100 $106,030.00 $5,470.24 BERN HARDT,TRISHA A Lot 1 Block B 19405 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97701 3. BURGE JACQUELINE 181136DO06700 $25,445.00 $5,470.24 412 FRANKLIN DR Lot 5 Block B OJAI , CA 93023 DESCHUTES RIVER WOODS 4. BURGE JACQUELINE 181136DO06600 $25,445.00 $5,470.24 412 FRANKLIN DR Lot 6 Block B OJAI , CA 93023 DESCHUTES RIVER WOODS 5. CARTER,LLOYD E 181136CO02800 $94,115.00 $5,470.24 CARTER, PATTRICIA F Lot 13 Block A 59625 OSAGE RD DESCHUTES RIVER WOODS BEND, OR 97702 6. CICERO,VINCENT H 181136CO02500 $149,400.00 $5,470.24 HOVER,MARGARET M Lot 10 Block A 19375 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702 7. DIXON,ANNETTE E 181136DO07600 $117,100.00 $5,470.24 DIXON,JAMES R Lot 13 Block D 19424 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702-8908 8. DREYER BARBEL K 181136CO02000 $122,315.00 $5,470.24 DREYER D MARK Lot 5 Block D 19358 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702 9. EISENBEIS,VICTORIA M 181136DO06800 $100,990.00 $5,470.24 59624 OSAGE RD Lot 4 Block B BEND, OR 97702 DESCHUTES RIVER WOODS 10 GUSTAFSON,CRAIG 181136DO07400 $117,755.00 $5,470.24 PO BOX 8573 Lot 11 Block D KODIAK , AK 99615 DESCHUTES RIVER WOODS 11 HAYES,DARREN DEWAYNE 181136CO01900 $120,410.00 $5,470.24 19366 MOHAWK RD Lot 6 Block D BEND, OR 97702 DESCHUTES RIVER WOODS EXHIBIT "4" NO. NAME PROPERTY ASSESSED NOT TO DESCRIPTION VALUE EXCEED COST 12 HOVER,MARGARET M 181136CO01800 $25,445.00 $5,470.24 2648 LINDENTREE LN 377 SW CENTURY DR Lot 7 Block D SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS BEND, OR 97702 DESCHUTES RIVER WOODS KERBER EDWARD A 181136CO03000 13 HOVER,MARGARET M 181136CO01700 $25,445.00 $5,470.24 377 SW CENTURY DR Lot 8 Block D 19 KERBER EDWARD A BEND, OR 97702 DESCHUTES RIVER WOODS 2648 LINDENTREE LN 14 HOVER,MARGARET M 181136DO07200 $25,445.00 $5,470.24 19375 MOHAWK RD. Lot 9 Block D 181136DO07000 $92,990.00 $5,470.24 BEND, OR 97702 DESCHUTES RIVER WOODS 15 HOVER,MARGARET M 181136CO02600 $25,445.00 $5,470.24 181136CO02200 61535 S HWY 97 Lot 11 Block A PO BOX 9514 Lot 3 Block D BEND, OR 97702 DESCHUTES RIVER WOODS DESCHUTES RIVER WOODS 16 HOVER,MARGARET M 181136CO02900 $38,005.00 $5,470.24 KERBER,CHRIS Lot 14 Block A 61535 S HWY 97 NO 9-162 DESCHUTES RIVER WOODS BEND, OR 97702 17 KERBER EDWARD A 181136CO03100 $26,785.00 $5,470.24 2648 LINDENTREE LN Lot 5 Block A SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS 18 KERBER EDWARD A 181136CO03000 $33,470.00 $5,470.24 2648 LINDENTREE LN Lot 4 Block A SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS 19 KERBER EDWARD A 181136CO03600 $26,785.00 $5,470.24 2648 LINDENTREE LN Lot 3 Block A SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS 20 LOCKHART, MICHAEL 181136DO07000 $92,990.00 $5,470.24 59636 OSAGE RD Lot 2 Block B BEND, OR 97702 DESCHUTES RIVER WOODS 21 MCCOMB,COLLEEN J 181136CO02200 $93,330.00 $5,470.24 PO BOX 9514 Lot 3 Block D BEND, OR 97708 DESCHUTES RIVER WOODS 22 MCMILLAN,BARBARA E 181136CO02700 $105,110.00 $5,470.24 59633 OSAGE RD Lot 12 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 23 PREUITT,IRIS K 181136CO03500 $108,030.00 $5,470.24 14015 CARTWRICHT WAY Lot PT.8&9 Block A NEVADA CITY, CA 95959 DESCHUTES RIVER WOODS EXHIBIT "4" NO. NAME PROPERTY ASSESSED NOT TO DESCRIPTION VALUE EXCEED COST 24 ROBBINS,CAROLE 181136DO07700 $118,220.00 $5,470.24 ROBBINS,JOHN Lot 14 Block D 64280 HIGHWAY 97 DESCHUTES RIVER WOODS BEND, OR 97701 25 SPENCER,D E 181136DO07300 $114,260.00 $5,470.24 19400 MOHAWK RD Lot 10 Block D BEND, OR 97702 DESCHUTES RIVER WOODS 26 STRUTZ,SHEILA K 181136CO02300 $131,595.00 $5,470.24 PO BOX 4233 Lot 2 Block D SUNRIVER, OR 97707 DESCHUTES RIVER WOODS 27 THOMAS,CHARLENE Y 181136DO07500 $117,790.00 $5,470.24 THOMAS,DONALD E Lot 12 Block D 19416 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702 28 TIGNER,RAYMOND KARL 181136CO02100 $96,555.00 $5,470.24 19350 MOHAWK RD Lot 4 Block D BEND, OR 97702 DESCHUTES RIVER WOODS 29 VAN,CLEEF GARY 181136DO07800 $77,770.00 $5,470.24 PO BOX 6652 Lot 15 Block D BEND, OR 97708 DESCHUTES RIVER WOODS 30 WENICK, MICHAEL J. 181136CO02400 $132,325.00 $5,470.24 WENICK, WANDA J. Lot 1 Block D 19322 MOHAWK RD. DESCHUTES RIVER WOODS BEND, OR 97702 31 WINTHROP LINDSEY 181136CO03800 $130,700.00 $5,470.24 59645 MOHAWK CIR Lot 1 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 32 WINTHROP LINDSEY 181136CO03700 $138,165.00 $5,470.24 59645 MOHAWK CIR Lot 2 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 33 WINTHROP LINDSEY J 181136CO03200 $121,215.00 $5,470.24 59645 MOHAWK CIR Lot 6 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 34 WINTHROP LINDSEY J 181136CO03300 $120,825.00 $5,470.24 59645 MOHAWK CIR Lot 7 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 35 WINTHROP,LINDSEY J 181136CO03400 $25,445.00 $5,470.24 59645 MOHAWK CIR Lot PT.8,9 Block A BEND, OR 97702 DESCHUTES RIVER WOODS EXHIBIT #5 MOHAWK Local Improvement District Financial Analysis 1. Assessment to Value Ratios The ratio of assessed property value to the estimated LID assessment is one means of determining the financial risk. The ratios and lot percentages in the LID are as follows: Number of Lots % of Protect Ratio Analysis 25 71% 10:1 or greater 10 29% 5:1 to 10:1 0 0.0% 2:1 to 5:1 0 0.0% 2:1 or less The following information was compiled by the Deschutes County Road Department: Most of the lots within the LID are approximately one acre in size and are zoned RR -10. There is a reasonable expectation that residences would be approved on the undeveloped lot. Utilities such as: electricity, water, and telephone have been installed within the right-of-way of the road to be improved and are adjacent to all of the lots within the LID. No one property owner owns more than six lots within the boundaries of the LID. This LID appears to meet the criteria in DCC 12.48.330(A) for feasibility from a financial standpoint. II. Risk Related Undeveloped Land Approximately 26% of the property within this area is undeveloped. Of the 26% undeveloped properties, all have assessments to value ratios greater than a 5:1 ratio. III. Interim Financing Outside interim financing for this project may be required. We do plan; however, to issue bonds for assessments requested to be financed on behalf of property owners. IV. Long-term Financing Ballot Measure 50 has not affected our ability to issue limited tax improvement bonds for a project such as this one, according to representatives of Seattle -Northwest Securities Corporation, our financial advisor for recent bond issues. 1 Marty Wynne Finance Director, Deschutes County EXHIBIT "B" NOTICE OF PROPOSED ROAD IMPROVEMENT DATE: February 14, 2001 TO: «NAME1» «NAME2» «NAME3» «ADDRESS» «CITY», «ST» ((ZIP)) DESCRIPTION OF IMPROVEMENT PROJECT: MOHAWK L.I.D. DESCRIPTION OF BENEFITED PROPERTY: ((ACCOUNT)) Estimated Cost of Improvement: $191,458.00 Estimated Amount of Assessment: $5,470.24 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 the Deschutes River Woods Subdivision, located south of Bend. The roads to be improved are all of Mohawk Road, Mohawk Circle and Osage Road within the Deschutes River Woods Subdivision. 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, C/O DESCHUTES COUNTY ROAD DEPARTMENT, 61150 S.E. 27TH STREET, BEND, OREGON 97702, WITHIN 20 DAYS AFTER THE MAILING OF THIS NOTICE, OR BY ORAL TESTIMONY AT THE PUBLIC HEARING ON THE PROPOSED IMPROVEMENTS BEFORE THE BOARD OF COUNTY COMMISSIONERS, WHICH WILL BE HELD ON MARCH 14, 2001 AT 10:00 A.M. IN THE DESCHUTES COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 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 TOM BLUST, Road Department Director On Behalf of the Board of County Commissioners 5 'V -ES TO: Board of County Commissioners FROM: Gary Judd, Traffic Engineer DATE: February 5, 2001 SUBJ: Mohawk LID Road Department 61 150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 BACKGROUND On November 20, 2000 the Board of County Commissioners formed the Mohawk Local Improvement District (LID) and ordered the Road Department to investigate if the project was feasible. The feasibility study found that this road improvement project was possible. The LID was then referred to the property owners for a mail poll. MAIL POLL RESULTS Returned ballots for the mail poll were required to be post marked by no later than January 31, 2001. The results of the ballots received are: YES 21 ballots 60% NO 8 ballots 23% Did not vote 6 17% Deschutes County Code #12.48.166(B) states "To be eligible for further consideration by the board, a proposed improvement must receive, by the postmark deadline, a minimum poll approval rate of at least 60 percent of the owners of the land representing at least 60 percent of the total amount of the estimated assessment for the proposed local improvement." RECOMMENDATION Since there was 60% positive response by the property owners, the Road Department recommends that the Board of County Commissioners adopt Order No. 2001-019 to continue with the Mohawk Local Improvement District. Quality Services Performed with Pride