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2004-82-Order No. 2004-004 Recorded 1/27/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 1004'87 NANCY BLANKENSHIP, COUNTY CLERK REVIE7~JED COMMISSIONERS' JOURNAL 01/27/2004 01:20:36 PM LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Accepting The Road Improvements, Accepting The Engineer's Assessment Report, and Setting a Hearing on * ORDER NO. 2004-004 the Final Assessment for the Improvements in the Hurtley Ranch Road L.I.D. WHEREAS, the road improvements undertaken pursuant to Resolution No. 2003-039 in the Hurtley Ranch Road Local Improvement District have been completed and have been inspected by the Engineer; and WHEREAS, the Engineer has recommended to the Board of County Commissioners of Deschutes County Oregon (Board) that the roads in the Hurtley Ranch Road L.I.D. be accepted as constructed; and WHEREAS, the Engineer has calculated the actual costs of the improvements and has determined a proposed final assessment for each parcel of land for the improvements of roads in the Hurtley Ranch Road L.I.D. and has forwarded a report to the Board recommending that such amounts be assessed against benefited properties within the boundaries of Hurtley Ranch Road L.I.D.; and WHEREAS, Chapter 12.48.240 of the Deschutes County Code provides that the Board must set a public hearing by Order of the Board to hear objections to any such final assessment; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The improvement has been made, inspected by the Engineer and is hereby accepted by the Board of County Commissioners. Section 2. That the Engineer's report calculating the actual costs of the improvements and determining a proposed final assessment, attached hereto and marked Exhibit "A" is accepted and hereby approved. Section 3. That a public hearing to hear objections to the proposed final assessment shall be held on Wednesday, February 25, 2004 during the10:00 a.m. Board of Commissioners' meeting located in the Deschutes County Commissioner's Hearings Room, Administration Building, 1130 NW Harriman, Bend, Oregon 97701. PAGE 1 OF 1- ORDER No. 2004-004 Section 4. That the Engineer, on behalf of the Board of County Commissioners, shall mail written notice not less than ten days prior to the date of said hearing to the owners of record of the parcels described in Exhibit 3 to Exhibit "A" attached hereto identifying the parcel, showing the proposed final assessment, and giving notice of the hearing scheduled in Section 3 of this Order. Section 5. That the written notice to be given in Section 4 shall comply substantially with the form of notice marked Exhibit "B", attached hereto and by this reference incorporated herein. DATED this day of , 2004. 0 j ATTEST: intA~ 6*4-- Recording Secretary PAGE 2 OF 2- ORDER No. 2004-004 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ~JTES co Road Department 61 150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 EXHIBIT "A" MEMORANDUM TO: Board of County Commissioners FROM: Gary Judd, Engineer DATE: December 31, 2003 RE: Hurtley Ranch Road LID, Final Assessment Report This report is made pursuant to Sections 12.48.220 and 12.48.240 of the Deschutes County Code (DCC) concerning the compilation of actual costs and determination of the final assessment for the local improvement. BACKGROUND On May 7, 2003 the Board of County Commissioners (Board) resolved, by Resolution No. 2003- 039, to improve by contract a certain dedicated public road, within the Hurtley Ranch Road Local Improvement District (LID), known as Hurtley Ranch Road (hereinafter referred to as "the improvements"), to Deschutes County local road standards in conformance with the scope of work set forth in the Engineer's Feasibility Report dated March 18, 2003 and accepted by the Board pursuant to Order No. 2003-035, incorporated herein by this reference. Attached (Exhibit "I") is a map of the LID showing improved roads and boundaries. CONSTRUCTION CONTRACT The Road Department prepared plans, specifications, and construction contract documents for the road improvements. Bids for the construction of the Lazy River Drive LID were opened on June 28, 2003. Bids were received from four construction firms: Hooker Creek Asphalt & Paving, Hap Taylor and Sons, High Desert Aggregate and Paving Co., and Richard Bartels Construction. The Board awarded the contract to the low bidder, Hap Taylor and Sons, in the amount of $227,119.60. Quality Services Performed with Pride ACCEPTANCE OF IMPROVEMENTS The construction of the improvements was completed by the contractor in September of 2003. The Engineer inspected and approved the road improvements. The final payment for this contract was made on September 31, 2003. ACTUAL COSTS The actual costs of the improvement, as defined in DCC 12.48.041, are as follows: the construction cost is $217,396.19, the engineering and administration cost is $27,841.56, and financing cost is $1,797.07. The actual total improvement cost of $247,034.82 is 14% below the originally estimated total improvement cost of $288,262. Attached as part of this report is exhibit 2, detailing the actual costs. Payment of the construction cost was made from the Local Improvement District Project Fund (County Fund No. 430). This fund and the loan will be reimbursed through assessment payments. The financing cost included as "actual cost" is the interest cost associated with the interim financing from the LID Fund. ASSESSMENT APPORTIONMENT The method of apportioning the cost of the improvements amongst the benefited properties shall be as set forth in Order No. 2003-035. Specifically, the actual cost of the improvements will be apportioned by dividing the actual cost of the improvements by the number of lots specially benefiting from the improvements. As described in the Feasibility Study for Hurtley Ranch Road L.I.D., Deschutes County will pay for 2 assessments for the large lot (Tax lot #100) that the County owns. FINAL ASSESSMENT Based on the foregoing report, the Engineer recommends that the cost of $247,034.82 be assessed against the 13 specially benefited lots within the Hurtley Ranch Road L.I.D. at a rate of $17,645.34 per lot ($247,034.82 / 14 assessments) as shown in Exhibit 3. Deschutes County will be assessed $35,290.68 for their lot. Note: this assessment is $2,944.80 less than the estimated per lot cost in Order No. 2003-035. Proposed Hurtley Ranch Road Local Improvement District HIN D JLE 76.20 ~ _ - RD EY _ 9.52 4.81 4.78 19.2 28.71 M ~Y U O 28.86 01 9.85 9.55 9.77 9.79 9.20 L. 9.25 126 I f I Location of Hurtley Ranch Road LID SISTE 20 EXHIBIT "1" Page 1 of 1 N A X= Calculated Acreage of Parcel Hurtley Ranch Rd N L.I.D. Boundary Other Roads State Highway Affected Parcels Other Taxlots 1000 0 1000 Feet March 7, 2003 DESCHUTES COUNTY ROAD DEPARTMENT CfIS DIVISION Jda Andersen. 819 Bltxiaist Phan: 1541130& 6501, amad: jAn2@ wA0=ers 81159 S.E. 271h St. Bend, OR 87702 Le - The information on this map was derived from dgkal databases an Deschutes Countya G.I.S. Core was taken in the creadon of this map,butitisprovidad'asis". DaschutnCaudycanrntacceptMY responsibility for mars, omissions, or positional axuracy in Bn dgitel deter w the uMedying records. Then era no warranties, express or implled, Inducing the warranty of merchantability or fanem for a padkutar purpose, accompanying this prodtd. However, notifleabon of any arras will be appreciated. p:\av_projects\local improvement districts\92nd st\lid.apr EXHIBIT 6 (299 HURTLEY RANCH ROAD L.I.D. ACTUAL COST CONSTRUCTION COSTS: ITEM* COST Mobilization $10,100.00 Construction Surveying 13,150.00 Traffic Control 3,436.60 Subgrade 64,806.51 Base 64,046.11 Paving 57,666.97 Misc. Work 4,190.00 TOTAL CONST. $217,396.19 *Items are as described in the Engineer's Feasibility Study on page3. ENGINEERING & ADMINISTRATION: Surveying & Design $13,753.62 Contract Admin & Inspection $14,087.94 TOTAL E & A $27,841.56 INTERIM FINANCING: INTEREST * BALANCE PAYMENT TOTAL INTEREST TO DATE 10/9/2003 $ 23,360.50 $ 23,360.50 11/13/2003 $128.02 $23,488.52 $183,165.87 $206,654.39 $128.02 11/14/2003 $32.96 $206,686.66 $10,869.82 $217,556.48 $160.29 1/1/2004 $1,636.78 $219,193.26 $1,797.07 *The interim financing cost is the interest on the construction costs financed through the project Fund (Fund #430). A 5.7% interest rate was assumed for the interim financing. Actual Proiect Cost: Construction Cost Engineering & Administration Interim Financing TOTAL COST = _ $217,396.19 = 27,841.56 1,797.07 $247,034.82 EXHIBIT " 3" HURTLEY RANCH ROAD L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 1. Affatati, Ralph J. 1511060001400 $17,645.34 PO Box 598 Volume: 311 Page 1078 Sisters, OR 97759 2. Burns, Marcene H. 1511060000800 $17,645.34 PO Box 1011 Volume: 2000 Page 9279 Sisters, OR 97759 3. Carollo, Barbara J. 1511060001000 $17,645.34 Carollo, Edward N. Volume: 323 Page 1847 PO Box 297 Sisters, OR 97759 4. Deschutes County 14113100000100 $35,290.68 Property Management Volume: 165 Page 619 117 Lafayette Bend, OR 97701 5. Durham, Winfield C. 1511060001300 $17,645.34 Durham, Joyce M. Volume: 272 Page 2324 PO Box 121 Sisters, OR 97759 6. Highbarger, David R. 1511060000900 $17,645.34 Soliz, Vonda L. Volume: 489 Page 2072 69196 Hurtley Ranch Road Sisters, OR 97759 7. Hurtley, David L. 1511060000700 $17,645.34 PO Box 1511 Volume: 457 Page 62 Sisters, OR 97759 8. Hurtley, David L. 1511060000500 $17,645.34 PO Box 1511 Volume: 457 Page 60 Sisters, OR 97759 9. Hurtley, David L. 1511060000400 $17,645.34 PO Box 1511 Volume: 457 Page 58 Sisters, OR 97759 10. Janego, Patricia A. 1511060001100 $17,645.34 Janego, Steven M. Volume: 163 Page 2423 7900 NW Skillings Drive Corvallis, OR 97330 Exhibit 3 Page 1 of 2 Hurtley Ranch Road L.I.D. Final Assessment EXHIBIT 663$9 HURTLEY RANCH ROAD L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 11. Johnson, Burnell 1511060000600 $17,645.34 Johnson, Paula R. Volume: 1999 Page 30784 18550 Walton Road Bend, OR 97701-9105 12. Taylor, Dollinda S. Taylor, Robert E. 69324 S. Scimitar Lane Sisters, OR 97759 13. Turret Peak Development LLC 377 SW Century Drive Bend, OR 97702 1511060001200 $17,645.34 Volume: 2000 Page 11303 1511060000300 $17,645.34 Volume: 2002 Page 72706 Exhibit 3 Page 2 of 2 Hurtley Ranch Road L.I.D. Final Assessment ~J Road Department 61150 S.E. 27th St., Bend, OR 97702 EXHIBIT "B" (541) 388-6581 • FAX (541) 388-2719 [DATE] NAME1)) NAME2)) NAME3)) (NAME4)) (ADDRESS)) (CITY)), (ST)) (ZIP)) NOTICE OF PROPOSED ROAD ASSESSMENT FOR HURTLEY RANCH ROAD L.I.D. DESCRIPTION: (ACCOUNT)) LOT (LOT)) BLOCK (<BLK)) AMOUNT OF ENGINEER'S PROPOSED ASSESSMENT: $17,645.34 The Board of County Commissioners has, by Order No. 2004-004, set a hearing on Wednesday, February 25, 2004, during the10:00 a.m. Board of Commissioners' meeting located in the Deschutes County Commissioner's Hearings Room, Administration Building, 1130 NW Harriman, Bend, Oregon. The scheduled hearing is in regard to the road improvement affecting the above tax lot for the purpose of hearing objections to the assessments fixed in the Engineer's Report of the road improvement abutting your land. The proposed assessment for this parcel is shown above. After this hearing, the Board will certify the assessments against each parcel of land by Order of the Board. When the assessments are certified, you will have thirty (30) days to apply to pay the assessment in installments. If you do not apply to pay the assessment in installments, the total amount of the assessment will be due and payable. An application to pay the assessment in installments will be mailed to you after the assessment is certified. TOM BLUST, DIRECTOR OF PUBLIC WORKS ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Quality Services Performed with Pride