2003-1455-Order No. 2003-124 Recorded 12/11/2003REVD D DESCHUTES COUNTY OFFICIAL RECORDS YV 200301455
a, Z COMMISSBLANKENSHIP, COUNTY CLERK
IONERS' JOURNAL
LEGAL COUNSEL 12/11/2003 11;42.52 AM
IIIIIIIII IIIIIIIIIIIIII II III III
2003-3405
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Determining and Certifying
Final Assessments for Local
Improvements against Certain Benefited
Real property within Collar Drive L.I.D., ORDER NO. 2003-124
Setting Terms for Payment, and
Requiring Notices.
WHEREAS, pursuant to Resolution No. 2003-021 the Board of County Commissioners
of Deschutes County, Oregon, caused local improvements to be made to a portion of Collar
Drive, dedicated public roads within the COLLAR DRIVE L.I.D., in Deschutes County, Oregon,
as described in Section 1 of Resolution No. 2003-021 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 December 10, 2003 in accordance with law to fix the final assessment for the
Improvements benefiting certain real property in Collar Drive 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 roads within the Collar Drive 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.
Page 1 of 2 - Order No. 2003-124 - COLLAR DRIVE L.I.D.
Section 3. Payment Options and Terms. Pursuant to ORS 371.655, property owners
shall have the option of paying the assessment in full, or upon application made to the Road
Department Director by installment payments under terms set forth in Section 4 below, 30 days
after final assessment is certified. 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 December 24, 2003 and December 31, 2003 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. Rate of Interest. The rate of interest to be charged on final assessments or
portions thereof that are unpaid as of 30 days after final assessment is certified is 5.7%.
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 /Q day of 2003.
BOARD OOFF~UNTY COMMISSIONERS
OF DES ES, COUNTY, OREGON
NIS
ATTEST: - I
(f~rAlAk &aLk TOM DEWOLF, COMM SSIONER
Recording Secretary
MtCMAH(M.'- DALY, OMMISSIONER
Page 2 of 2 - ORDER NO. 2003-124 - COLLAR DRIVE LID
EXHIBIT "A"
COLLAR DRIVE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
1. BORELLI, JAMES V. 220935DO01000 $9,916.90
BORELLI, MARY C. Lot 1 Block 7
P.O. BOX 2389 Wagon Trail North, First Addition
LAPINE, OR 97739
2. CABREAR, LINDA M. 220935D000400 $9,916.90
696 ELSA DRIVE Lot 2 Block 6
SANTA ROSA, CA 97739 Wagon Trail North, First Addition
3. DURKEE, JANET 220935D000500 $9,916.90
50076 COLLAR DRIVE Lot 3 Block 6
LAPINE, OR 97739 Wagon Trail North, First Addition
4. FREEBURY, ROBERT M. 220935D000600 $9,916.90
50056 COLLAR DRIVE Lot 4 Block 6
LAPINE, OR 97739 Wagon Trail North, First Addition
5. JADRNY, DEBORAH L. 220935DO01200 $9,916.90
JADRNY, FRANK R. Lot 4 Block 5
P.O. BOX 524 Wagon Trail North, First Addition
LAPINE, OR 97739
6. JADRNY, DEBRA LYNN 220935DO01300 $9,916.90
JADRNY, FRANK R. Lot 3 Block 5
P.O. BOX 524 Wagon Trail North, First Addition
LAPINE, OR 97739
7. JUDD, WAYNE L. 220935D000100 $9,916.90
50186 COLLAR DR. Lot 1 Block 4
LAPINE, OR 97739 Wagon Trail North, First Addition
8. JUDD, WAYNE L. 220935D000200 $9,916.90
50186 COLLAR DRIVE Lot 2 Block 4
LAPINE, OR 97739 Wagon Trail North, First Addition
9. MILLER, BARBARA JEAN
MILLER, ROLLIN DUANE
50020 COLLAR DR.
LAPINE, OR 97739
10. MOORE, ANGIE R.
MOORE, TY M.
6753 RIPPLING BROOK DRIVE SE
SALEM, OR 97301-9562
220935DO0800 $9,916.90
Lot 6 Block 8
Wagon Trail North, First Addition
220935D000300 $9,916.90
Lot 1 Block 6
Wagon Trail North, First Addition
Page 1 - COLLAR DRIVE L.I.D.
Final Assessment
EXHIBIT "A"
COLLAR DRIVE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
11. PAGE, JERRY L. 220935D000900 $9,916.90
PAGE, EDITH L. Lot 2 Block 7
50015 COLLAR DR. Wagon Trail North, First Addition
LAPINE, OR 97739
12. RONGEY, DALE
RONGEY, PATRICIA A.
50175 COLLAR DRIVE
LAPINE, OR 97739
13. RUPPEL, DUDLEY S.
STOECKLEIN, LESLIE L.
14322 BULLWHIP DRIVE
LAPINE, OR 97739
14. VERBONCOEUR, GARY
VERBONCOEUR, KATHLEEN L
P.O. BOX 574
LAPINE, OR 97739
15. WEEKS, MICHAEL A.
WEEKS, BECKY
P.O. BOX 615
LAPINE, OR 97739
220935DO01400 $9,916.90
Lot 2 Block 5
Wagon Trail North, First Addition
220935DO01100 $9,916.90
Lot 5 Block 5
Wagon Trail North, First Addition
220935D000700 $9,916.90
Lot 5 Block 6
Wagon Trail North, First Addition
220935DO01500 $9,916.90
Lot 1 Block 5
Wagon Trail North, First Addition
Page 2 - COLLAR DRIVE L.I.D.
Final Assessment
EXHIBIT "B"
NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT
(BANCROFT BONDING ACT, ORS 223.205 & 223.210 TO 223.295)
December 11, 2003
TO: Owners of Assessed Properties located in Collar Drive Local Improvement District, lying
within Wagon Trail North Subdivision, First Addition
On December 10, 2003 the Board of County Commissioners of Deschutes County, Oregon
adopted Resolution No. 2003-124, determining the amount of and certifying assessments for local
improvements made to dedicated public roads within the Collar Drive 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 2002-112 of the Board of County Commissioners.
Owners of the assessed properties listed herein have the option of paying the assessment in full by
January 16, 2004 or, upon application filed by January 16, 2004 with the Deschutes County Public
Works 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 January 16, 2004 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 January 16, 2004. 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 January 16, 2004. 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 January 16, 2004, interest will be charged at an initial rate of 5.7 percent per annum
on all unpaid assessment amounts.
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
Road Department Director
AME OF
PROPERTY OWNER
EXHIBIT "B"
COLLAR DRIVE L.I.D.
FINAL ASSESSMENT
PROPERTY
DESCRIPTION
INAL
ASSESSMENT
1.
BORELLI, JAMES V.
220935DO01000
$9,916.90
BORELLI, MARY C.
Lot 1 Block 7
Wagon Trail North, First Addition
2.
CABREAR, LINDA M.
220935D000400
$9,916.90
Lot 2 Block 6
Wagon Trail North, First Addition
3.
DURKEE, JANET
220935D000500
$9,916.90
Lot 3 Block 6
Wagon Trail North, First Addition
4.
FREEBURY, ROBERT M.
220935D000600
$9,916.90
Lot 4 Block 6
Wagon Trail North, First Addition
5.
JADRNY, DEBORAH L.
220935DO01200
$9,916.90
JADRNY, FRANK R.
Lot 4 Block 5
Wagon Trail North, First Addition
6.
JADRNY, DEBRA LYNN
220935DO01300
$9,916.90
JADRNY, FRANK R.
Lot 3 Block 5
Wagon Trail North, First Addition
7.
JUDD, WAYNE L.
220935D000100
$9,916.90
Lot 1 Block 4
Wagon Trail North, First Addition
8.
JUDD, WAYNE L.
220935D000200
$9,916.90
Lot 2 Block 4
Wagon Trail North, First Addition
9.
MILLER, BARBARA JEAN
220935DO0800
$9,916.90
MILLER, ROLLIN DUANE
Lot 6 Block 8
Wagon Trail North, First Addition
Page 1 - COLLAR DRIVE L.I.D.
Final Assessment
EXHIBIT "B"
COLLAR DRIVE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
10. MOORE, ANGIE R. 220935D000300 $9,916.90
MOORE, TY M. Lot 1 Block 6
Wagon Trail North, First Addition
11. PAGE, JERRY L.
PAGE, EDITH L.
12. RONGEY, DALE
RONGEY, PATRICIA A.
13. RUPPEL, DUDLEY S.
STOECKLEIN, LESLIE L
14. VERBONCOEUR, GARY
VERBONCOEUR, KATHLEEN L
15. WEEKS, MICHAEL A.
WEEKS, BECKY
220935D000900 $9,916.90
Lot 2 Block 7
Wagon Trail North, First Addition
220935DO01400 $9,916.90
Lot 2 Block 5
Wagon Trail North, First Addition
220935DO01100 $9,916.90
Lot 5 Block 5
Wagon Trail North, First Addition
220935D000700 $9,916.90
Lot 5 Block 6
Wagon Trail North, First Addition
220935DO01500 $9,916.90
Lot 1 Block 5
Wagon Trail North, First Addition
Page 2 - COLLAR DRIVE L.I.D.
Final Assessment
EXHIBIT "C"
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
COLLAR DRIVE
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 & 223.210 through 223.295 (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
Collar Drive L.I.D. The Final Assessment was determined and levied against the Property by
Order 2003-124, 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 <<BLOCK»
SUBDIVISION: Wagon Trail North, First Addition
Tax Lot Number: <(ACCOUNT)
Ownership information on the Property is as follows:
Owner's name: «NAME1»
NAME2»
NAME3»
Owner's address: <<ADDRESS)
«CITY» , <STATE) <ZIP)
Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the
property is $9,916.90 and that the Final Assessment arises from local improvements made to
the dedicated public roads within the Collar Drive L.I.D., in Deschutes County, Oregon, which
project is known as the Collar Drive L.I.D., as described in Resolution No. 2003-021 of the
Board of County Commissioners.
((ACCOUNT) - «NAME1) - 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 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 $9,916.90 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 January
16, 2004, but that election shall operate only to reduce the outstanding principal
amount and shall not change the amount of installment payment as set forth in
Paragraph 2 of this document.
2. Terms. Installment payments on the $9,916.90 Final Assessment shall be due in equal
semi-annual installments of $657.36, including interest at a rate of 5.7% per annum accruing
from January 16, 2004, 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, 2004, until all outstanding amounts have been paid. 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
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.
((ACCOUNT)) - cNAME1)> - Page 2 of 3
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 JANUARY
16, 2004. 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 , 200
Applicant(s):
Signature
Signature
Signature Signature
<<ACCOUNT>> - «NAME1» - Page 3 of 3
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