2004-137-Order No. 2004-011 Recorded 2/26/2004I
REVIE ED DESCHUTES COUNTY OFFICIAL RECORDS CJ 1004.131
NANCY BLANKENSHIP, COUNTY CLERK
LEGAL OUNSEL COMMISSIONERS' JOURNAL 11111111 III 02/26/2004 02;23;10 PM
III IIIIIIIIIIIIIIII
2004-i3
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 ORDER NO. 2004-011
within Hurtley Ranch Road L.I.D., Setting Terms
for Payment, and Requiring Notices.
WHEREAS, pursuant to Resolution No. 2003-039 the Board of County Commissioners
of Deschutes County, Oregon, caused local improvements to be made to all of Hurtley Ranch
Road, dedicated public road, located in Section 6, Township 15 South, Range 11 East of the
Willamette Meridian, in the Unincorporated Rural Area of Sisters within Deschutes County,
Oregon, as described in Section 1 of Resolution No. 2003-039 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 Wednesday, February 25, 2004 in accordance with law to fix the final assessment
for the Improvements benefiting certain real property in Hurtley Ranch Road 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 Hurtley Ranch Road 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 1 - ORDER NO. 2004-011 - Hurtley Ranch Road LID
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 March 10, 2004 and March 17, 2004 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% per
annum.
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.
r, -114-
DATED this~Yday of l , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
ATTEST:
b~~Q/Ll
Recording Secretary
MICHAEt M. DALY,
TOM
ER
NNIS R. LUKE, COMMISSIONER
Page 2 of 2 - ORDER NO. 2004-011 - Hurtley Ranch Road LID
EXHIBIT "A"
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 "A"- Page 1 of 2 - Hurtley Ranch Road L.I.D.
Final Assessment
EXHIBIT "A"
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 "A" - Page 2 of 2 - Hurtley Ranch Road L.I.D.
Final Assessment
EXHIBIT "B"
NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT
(BANCROFT BONDING ACT, ORS 223.205 & 223.210 TO 223.295)
February 26, 2004
TO: Owners of Assessed Properties located in Hurtley Ranch Road Local Improvement District,
lying within the Unincorporated Rural Area of Sisters
On February 25, 2004 the Board of County Commissioners of Deschutes County, Oregon adopted
Order No. 2004-01, determining the amount of and certifying assessments for local improvements
made to dedicated public roads within the Hurtley Ranch Road 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 2003-006 of the Board of County Commissioners.
Owners of the assessed properties listed herein have the option of paying the assessment in full by
March 29, 2004 or, upon application filed by March 29, 2004 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 March 29, 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 March 29, 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 March 29, 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 March 29, 2004, interest will be charged at an initial rate of 5.7% per annum on all
unpaid assessment amounts.
Questions should be addressed to Gary Judd, 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
EXHIBIT "B"
HURTLEY RANCH ROAD L.I.D.
FINAL ASSESSMENT
NAME OF
PROPERTY
FINAL
PROPERTY OWNER
DESCRIPTION
ASSESSMENT
1.
Affatati, Ralph J.
1511060001400
$17,645.34
Volume 311 Page 1078
2.
Burns, Marcene H.
1511060000800
$17,645.34
Volume 2000 Page 9279
3.
Carollo, Barbara J.
1511060001000
$17,645.34
Carollo, Edward N.
Volume 323 Page 1847
4.
Deschutes County
14113100000100
$35,290.68
Property Management
Volume 165 Page 619
5.
Durham, Winfield C.
1511060001300
$17,645.34
Durham, Joyce M.
Volume 272 Page 2324
6.
Highbarger, David R.
1511060000900
$17,645.34
Soliz, Vonda L.
Volume 489 Page 2072
7.
Hurtley, David L.
1511060000700
$17,645.34
Volume 457 Page 62
8.
Hurtley, David L.
1511060000500
$17,645.34
Volume 457 Page 60
9.
Hurtley, David L.
1511060000400
$17,645.34
Volume 457 Page 58
10.
Janego, Patricia A.
1511060001100
$17,645.34
Janego, Steven M.
Volume 163 Page 2423
11.
Johnson, Burnell
1511060000600
$17,645.34
Johnson, Paula R.
Volume 1999 Page 30784
12.
Taylor, Dollinda S.
1511060001200
$17,645.34
Taylor, Robert E.
Volume 2000 Page 11303
13.
Turret Peak Development LLC
1511060000300
$17,645.34 .
Volume 2002 Page 72706
Exhibit "B" - Page 1 of 1 - Hurtley Ranch Road 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
HURTLEY RANCH ROAD
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
Hurtley Ranch Road L.I.D. The Final Assessment was determined and levied against the
Property by Order 2004-011, 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: Volume:«Volume» Page: <<Page>
Tax Lot Number: <(ACCOUNT)>
Ownership information on the Property is as follows:
Owner's name: «NAME 1
«NAME2»
NAME3»
Owner's address: «ADDRESS»
CITY, « STATE» <ZIPV
Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the
property is $17,645.34 and that the Final Assessment arises from local improvements made to
the dedicated public road within the Hurtley Ranch Road L.I.D., in Deschutes County, Oregon,
which project is known as the Hurtley Ranch Road L.I.D., as described in Resolution No. 2003-
006 of the Board of County Commissioners.
uACCOUNT» - «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 $17,645.34 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 March 29,
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 $17,645.34 Final Assessment shall be due in equal
semi-annual installments of $1,169.66, including interest at a rate of 5.7% per annum accruing
from March 29, 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 October 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» - «NAME1» - 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 MARCH 29,
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