2003-845-Resolution No. 2003-039 Recorded 5/8/2003REVIEWED
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LE UNSEL
COUNTY
TES
FICIAL
NANCYUBLANKENSHIP,F000NTY CLERKOS 1+�1 ZVY�-845
2003-000845 �'�„°0'��'uA'
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Relating to the Improvement of
all of Hurtley Ranch Road located in Section
6, Township 15 South, Range 11 East
(Hurtley Ranch Road LID) in Deschutes
County, Oregon directing the Improvement to
be made by Contract Account and
Establishing Notice of Intent to Assess
Properties Benefited Thereby.
RESOLUTION NO. 2003-039
WHEREAS, on January 22, 2003, the Board of County Commissioners (Board) of
Deschutes County, Oregon, initiated, by Resolution No. 2003-006, the improvement of
certain dedicated public roads known as Hurtley Ranch Road L.I.D. (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
2003-035; and
WHEREAS, pursuant to Order 2003-035 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 May 7, 2003, 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
Page 1 of 3 - RESOLUTION NO. 2003-039 — HURTLEY RANCH ROAD LID
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, OY� objectionVwere filed with the Board regarding said proposed
improvements, which objections fall short of the number required to stop the proposed
improvements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, RESOLVES as follows:
Section 1. To improve by contract certain dedicated public roads known as
Hurtley Ranch Road located in Section 6, Township 15 South, Range 11 East of the
Willamette Meridian 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 said engineer's report and that the benefited properties have been determined to
be as listed in said Engineer's report 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.
Page 2 of 3 - RESOLUTION NO. 2003-039 — HURTLEY RANCH ROAD LID
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.
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 7'= day of May, 2003.
ATTEST:
I, �C�w', t
Recording Secretary
BOARD OFFUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
DENNIS R. LUKE, 04HAIR
TOM DEWOLZ,% QMISSIONER
MICFfAEL A DA LY; C MISSIONER
Page 3 of 3 - RESOLUTION NO. 2003-039 — HURTLEY RANCH ROAD LID
Proposed Hurtley Ranch Road Local Improvement District
HIN
Me
Location of Hurtley
Ranch Road LID
Exhibit "A"
MIL
Hurtley Ranch Rd
L.I.D. Boundary
Other Roads
State
Parcels.shp
Other Taxlots
1000 0 1000 Feet
December 23, 2002
r DESCHUTES COUNTY
ROAD DEPARTMENT
GLS DIVISION
.left Ala w... UIS Upeciziist
1 iRni . irJi?3Afl ii`;:it r—v in h�ikactimm mai
The information an this map was derived from digital databases on
Deschutes Countys G.I.S. Care was taken in the creationof this
map, but it is provided 'as is". Deschutes County cannot accept any
responsibility for errors, orissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, Including rhe warranty of merchardaliGty or fitness for a t
particular purpose, accomparrying this produd. However, notificahm
of any errors will be appreciated.
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EXHIBIT "C"
NOTICE OF DECISION
TO PROCEED WITH IMPROVEMENTS TO
ALL OF HURTLEY RANCH ROAD LOCATED IN
SECTION 6, TOWNSHIP 15 SOUTH, RANGE 11 EAST WM 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))
Following testimony at a public hearing on May 7, 2003, and with authority of Chapter 12.48 of
the Deschutes County Code, the Board of County Commissioners signed Resolution 2003-039
which directs that a local improvement be made to all of Hurtley Ranch Road located in Section
6, Township 15 South, Range 11 East WM.
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 2003-039
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 2003-039, according to the method recommended by the County Engineer and
approved in Order 2003-035. The estimated amount of the assessment for this property is
$20,590.14.
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)