2004-642-Order No. 2004-027 Recorded 4/2/2004E-VIE D
L GALC UNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS
COMMISSIONERS' JOURNAL ,
III VIIIIIIIVIIM
2 6
04/02/2004 03.31.39 Fn
For Recording Stamp Only
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. 2004-027
within Covina Road L.I.D., Setting Terms
for Payment, and Requiring Notices.
WHEREAS, pursuant to Resolution No. 2003-041 the Board of County Commissioners
of Deschutes County, Oregon, caused local improvements to be made to that portion of Covina
Road from Lunar Drive to Solar Drive in Deschutes River Recreation Homesites Subdivision
within Deschutes County, Oregon, as described in Section 1 of Resolution No. 2003-041 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 March 31, 2004 in accordance with law to fix the final assessment for the
Improvements benefiting certain real property in Covina 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 a dedicated public road within the Covina 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.
1 - ORDER NO. 2004-027 - Covina 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 April 21, 2004 and April 28, 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.
DATED this 31 day of 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
MlOf`IAE,~W. DALY, PHAIR
ATTEST: ~ ,7
(b-~ DENNIS R. LUKE, COMMISSIONER
Recording Secretary &Se4`-t
TOM DEWOLF, COMMISSIONER
2 - ORDER NO. 2004-027 - Covina Road LID
EXHIBIT "A"
COVINA ROAD L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
1. AASERUDE,GORDON V
AASERUDE,VIOLA H
HOOVER,MELINDA M
17276 COVINA RD
BEND, OR 97707-2049
201107B008700
Lot 16 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
2.
BOYLES,JULIE A
BOYLES,MICHAEL D
PO BOX 3886
SUNRIVER, OR 97707-0886
3
DRAGO,JEFFEREY J
DRAGO,SUSAN R
930 STARK ST
WOODBURN, OR 97071-5671
4
L I LLY, DAW N
14980 224TH ST.
BOX ELDER, SD 57719
5. DYE,JUANITA L
PO BOX 3090
SUNRIVER, OR 97707
6. JANZEN,FRED H TRUSTEE
JANZEN,HELENE R TRUSTEE
PO BOX 3155
SUNRIVER, OR 97707
7. JELINSKI,JOHN A
JELINSKI,SANDRA A
BUHRMASTER-
12012 SE 115TH AVE
CLACKAMAS, OR 97015
8. JONES,JEAN
3525 ROBERTSON RD
BELLINGHAM, WA 98226
201107B009800
Lot 9 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008600
Lot 17 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107BO10000
Lot 7 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
2011078010300
Lot 4 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008400
Lot 19 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008900
Lot 14 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107BO10200
Lot 5 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
$833.33
$833.33
$833.33
$833.33
$833.33
$833.33
Page 1 of 3 Covina Road L.I.D.
Final Assessment
EXHIBIT "A"
COVINA ROAD L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
9. JUAREZ,DOLORES I
JUAREZ,GILBERT A
17275 COVINA RD
BEND, OR 97707-2012
201107B009900
Lot 8 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
10. LAWLER,CURTIS W TRUSTEE
PO BOX 4128
SUNRIVER, OR 97707
11. MILLER,KAREN,L
MILLER,RONALD D
17325 COVINA RD
BEND, OR 97707
12. RODEWALD,JERI L
PO BOX 4171
SUNRIVER, OR 97707-1171
13. SECOR,MARY JANE
PO BOX 675
GREENTOW N, PA 18426
14. TAKAKI,ELEANOR Y CO
TRUSTEE
TAKAKI,NOBUO CO TRUSTEE
4121 RIMGATE DR
LAS VEGAS, NV 89129-5463
15. TETSUKA,GRANT H TRUSTEE
TETSUKA,LILLIAN S TRUSTEE
688 S BRADSHAW AVE
MONTEREY PARK, CA 91754
16. VINCENT,CLYDE N
VINCENT,JULIET
VINCENT,STELLA Z
11650 SE 50 PL
BELLEVUE, WA 98006
201107B008500
Lot 18 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B009500
Lot 12 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B009000
Lot 13 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B009600
Lot 11 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008200
Lot 21 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008300
Lot 20 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107BO10100
Lot 6 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
$833.33
$833.33
$833.33
$833.33
$833.33
$833.33
Page 2 of 3 Covina Road L.I.D.
Final Assessment
EXHIBIT "A"
COVINA ROAD L.I.D.
FINAL ASSESSMENT
NAME OF
PROPERTY OWNER
17. WALYER,JANET A
WALYER,JOSEPH M JR
PO BOX 1987
SUNRIVER, OR 97707-1987
PROPERTY FINAL
DESCRIPTION ASSESSMENT
201107B009700 $833.33
Lot 10 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
18. WOLFARD,KATHRYN RACHEL 201107B008800 $833.33
GIMRE Lot 15 Block 6
4701 NW WOODSIDE TERRACE DESCHUTES RIVER
PORTLAND, OR 97210 RECREATION HOMESITES INC
Page 3 of 3 Covina 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)
April 1, 2004
TO: Owners of Assessed Properties located in Covina Road Local Improvement District, lying
within Deschutes River Recreation Homesites Inc Subdivision
On March 31, 2004 the Board of County Commissioners of Deschutes County, Oregon adopted
Order No. 2004-027, determining the amount of and certifying assessments for local improvements
made to the dedicated public road within the Covina 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 2003-012 of the Board of County Commissioners.
Owners of the assessed properties listed herein have the option of paying the assessment in full by
May 5, 2004 or, upon application filed by May 5, 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 May 5, 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 May 5, 2005. 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 May 5, 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 May 5, 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, 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
Page 1 of 4 COVINA ROAD L.I.D.
Final Assessment
EXHIBIT "B"
COVINA ROAD L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
AASERUDE,GORDON V 201107B008700 $833.33
AASERUDE,VIOLA H Lot 16 Block 6
HOOVER,MELINDA M DESCHUTES RIVER
RECREATION HOMESITES INC
1
2
BOYLES,JULIE A
BOYLES,MICHAEL D
3.
DRAGO,JEFFEREY J
DRAGO,SUSAN R
4.
201107B009800
Lot 9 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008600
Lot 17 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
L I LLY, DAW N 201107BO10000
Lot 7 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
5
DYE,JUANITA L 201107BO10300
Lot 4 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
6
JANZEN,FRED H TRUSTEE
JANZEN,HELENE R TRUSTEE
7
JELINSKI,JOHN A
JELINSKI,SANDRA A
BUHRMASTER-
201107B008400
Lot 19 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008900
Lot 14 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
$833.33
$833.33
$833.33
$833.33
$833.33
Page 2 of 4 COVINA ROAD L.I.D.
Final Assessment
EXHIBIT "B"
COVINA ROAD L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
8. JONES,JEAN 201107BO10200 $833.33
Lot 5 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
9. JUAREZ,DOLORES I 201107B009900
JUAREZ,GILBERT A Lot 8 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
10. LAWLER,CURTIS W TRUSTEE 201107B008500
Lot 18 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
11. MILLER,KAREN,L
MILLER,RONALD D
201107B009500
Lot 12 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
12. RODEWALD,JERI L
13. SECOR,MARY JANE
14. TAKAKI,ELEANOR Y CO
TRUSTEE
TAKAKI,NOBUO CO TRUSTEE
201107B009000
Lot 13 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B009600
Lot 11 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008200
Lot 21 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
$833.33
$833.33
$833.33
$833.33
$833.33
Page 3 of 4 COVINA ROAD L.I.D.
Final Assessment
EXHIBIT "B"
COVINA ROAD L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
15. TETSUKA,GRANT H TRUSTEE 201107B008300 $833.33
TETSUKA,LILLIAN S TRUSTEE Lot 20 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
16. VINCENT,CLYDE N
VINCENT,JULIET
VINCENT,STELLA Z
201107BO10100
Lot 6 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
17. WALYER,JANET A
WALYER,JOSEPH M JR
18. WOLFARD,KATHRYN RACHEL
GIMRE
201107B009700
Lot 10 Block 13
DESCHUTES RIVER
RECREATION HOMESITES INC
201107B008800
Lot 15 Block 6
DESCHUTES RIVER
RECREATION HOMESITES INC
$833.33
$833.33
Page 4 of 4 COVINA 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
COVINA 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
Covina Road L.I.D. The Final Assessment was determined and levied against the Property by
Order 2004-027, 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))
Lot ((LOT)) Block ((BLOCK))
SUBDIVISION: DESCHUTES RIVER RECREATION HOMESITES INC
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 $833.33 and that the Final Assessment arises from local improvements made to the
dedicated public road within the Covina Road L.I.D., in Deschutes County, Oregon, which
project is known as the Covina Road L.I.D., as described in Resolution No. 2003-012 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 $833.33 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 May 5, 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 $833.33 Final Assessment shall be due in equal
semi-annual installments of $55.24, including interest at a rate of 5.7% per annum accruing
from May 5, 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 May 5,
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
L
-O
to M ~ F , t; m >
-X cu cu -0
D c)
Co cu
- X 3 N C C J Z C/1 N c m cd ~ 8
1 J (A U U O 1- E~a°y
L SCJYIU) , o~2~eae
DoE C$E 8
r/
S
I
L U-
a o
E co
H
m
0 10
m
c
V
.a ~
~ .I
CL
p
L