34-675-Order Recorded 5/27/1980r _
f
S
VOL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Establishment )
of Special Reserve Fund No. 3 ) ORDER
for Hayes Avenue )
WHEREAS:
34 PAG-E 675
1. It is the policy of the Board of County Commissioners to require developers of
property adjoining or contiguous to certain County roads to contribute to the cost of
developing said roads proposed for future construction, improvement or development
as a condition of the granting of certain development permits that will add to the
traffic burden of the contiguous County road, and
2. Hayes Avenue is one of the roads for which such contributions are required for
future construction, development and improvement, and
3. In order to require such contribution, the monies collected must be segregated from
other County funds and dedicated solely to the improvement of the contiguous road or
street;
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. A special reserve fund for future development, construction and improvement of
Hayes Avenue is hereby established.
2. Any and all sums received from developers designated to contribute to such fund for
the partial improvement, development or construction costs shall be invested by
the Deschutes County Treasurer until used or returned to the developer from whom it
was received.
3. The County Treasurer is hereby authorized to make such investment of said funds
as the Treasurer shall, in her own discretion, deem prudent.
4. The funds deposited in said fund may, at any time, without notice to the developer,
be disbursed on written authorization by the County Engineer to any parson who improves
Hayes Avenue, to the County Road Fund to reimburse the cost of improving Hayes Avenue,
or to grant refunds of deposits or portions thereof.
5. Any portion of the fund established hereby remaining in the custody and control
of the County Treasurer on May 7, 1987, may be claimed by the developer or
developer's successor in interest in that proportion which the developer's contribution
plus interest at the legal rate bears to the total of contributions to the fund, plus
interest at the legal rate. Any person claiming as a successor in interest to the
developer shall have the burden of proving his claim to the reasonable satisfaction
of the County Treasurer. Any portion of the fund not claimed seven years after the
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voL 34 PAu 6 76
date when claims to the fund may first be made, shall be treated as abandoned property.
6. Provided, however, that if a special district or other municipality specially
assesses the property subject to SP-78-80 for the improvement of Hayes Avenue abutting
the property described in said site plan, developer may on application to the County
Engineer obtain a refund of his deposit in the amount specified in paragraph 5 to pay
such assessments.
DATED this 011-^4 day of May, 1980.
BOARD OF COUNTY COMMISSIONERS
. moo-- ,
CLAY C.P
7 ARD, Commission(f
ROBERT C. PAIJLSON, JR., Comm' ner
Distribution:
County Counsel
Planning Director
Roadmaster
County Treasurer
County Engineer
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va 34 PAGE 67 7
AMENDMENT TO DEVELOPMENT PLAN AGREEMENT
THIS AGREEMENT modifies that certain written agreement between COPELAND LUMBER
YARDS INC., Developer, and the BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
hereinafter referred to as "County," dated April 26, 1979, concerning that certain
real property of Developer referred to herein as Site Plan SP-78-80. Said agree-
ment was executed and acknowledged on May 18, 1979. The afore-mentioned agreement
is modified as described below, and all other agreements and language therein remain
in full force and effect.
Paragraph 6 under IMPROVEMENT AND MAINTENANCE PROVISIONS*is superseded to read
as follows:
6. Dc::loper will deposit $1721.00 in a special reserve fund
established by order of the Board of Commissioners to be held
by the County Treasurer. This is the agreed present cost of
road improvements required to neutralize the effect of increased
traffic generated by Developer's proposed use under the site
plan referred to herein. The funds may be disbursed without
notice to Developer on written instructions by the County
Engineer until May 7, 1987. At that time, the County Treasurer
will disburse on demand the balance of the deposit and interest
thereon remaining in the fund to the Developer or his successor
in interest under the terms of the order of the Board of County
Commissioners establishing Special Reserve Fund Number 3 for
Hayes Avenue, which shall be made before or at the time of the
receipt of the deposit required herein. Developer's contribution
to the Special Reserve Fund may only be used for the improvement
of Hayes Avenue, which abuts Developer's property referred to in
Site Plan SP-78-80. Such development will be in accordance with
the standards for urban local streets then in effect in Deschutes
County. However, if that portion of Hayes Avenue is then annexed
to the City of Bend, or some other municipality, the improvements
may be to the standards then required on that portion of Hayes
Avenue by such municipality.
Developer shall not be liable for improvement of Hayes Avenue
if it makes a deposit on the terms required herein.
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VOL 34 PACE 678
This amended agreement was executed on the a-7 day of May, 1980.
DEVELOPER: COPELAND LUMBER YARDS INC.
By:
Title: STATE OF OREGON )
) ss.
County of Multnomah )
The foregoing amen went t a~r1~jem nt w s acknledged before e th s o~! day
of May, 1980, byr1 of
COPELAND LUMBER YARDS INC., an Oregon corporation, on b alf of said corporation.
Notary Public for Oregon
My commission expires:
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