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2004-1252-Order No. 2004-080 Recorded 9/30/2004F CREVIE E.D UNSEL COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOi CJ X004.1752 COMMISSIONERS' JOURNAL 09/30/2004 04;55;03 PM 1111111111111111111111111111 III 2004-12'32 For Recordina Stamp On 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. 2004-080 within Bull Bat Lane L.I.D., Setting Terms for Payment, and Requiring Notices. WHEREAS, pursuant to Resolution No. 2004-001 the Board of County Commissioners of Deschutes County, Oregon, caused local improvements to be made to all of Bull Bat Lane, dedicated public roads within the Bull Bat Lane L.I.D., in Deschutes County, Oregon, as described in Section 1 of Resolution No. 23004-001 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 September 29, 2004 in accordance with law to fix the final assessment for the Improvements benefiting certain real property in Bull Bat Lane 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 Bull Bat Lane 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. 2004-080 - Bull Bat Lane 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 October 13, 2004 and October 20, 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 County finances this installment loan by selling improvement bonds at favorable interest rates. Prior to the bond sales, the County charges an interim interest rate which may be changed based on bond market conditions. The present interim 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 7% per annum. After the bond sale, the installment interest is fixed at a permanent rate equal to the true interest cost of the bonds plus a financing rate set by the Board of County Commissioners. 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 thi day of c'd~ , 2004. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON Ml ATTEST: (k"~uCoAm-- D NNIS R. LUUKE, CO MISSIONER ~ lCP41t Recording Secretary TOM DEWOLF, COMMISSIONER 2 - ORDER NO. 2004-080 - Bull Bat Lane LID EXHIBIT "A" BULL BAT LANE L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT BEEBE,JERALD B BEEBE,SUE A PO BOX 837 LA PINE, OR 97739 211021DO12100 Lot 13 Block 17 TALL PINES FOURTH ADDITION $3,200.00 2. BEEBE,JERALD B BEEBE,SUE A PO BOX 837 LA PINE, OR 97739 3. BYRLE N SCHOEPF & BETTY L SCHOEPFTRUST CORNELL,JUDY CORNELL,WALTER SCHOEPF,BETTY L TRUSTEE 1778 PINE COVE DR SAN LUIS OBISPO, CA 93405 4. CORNELL, JUDY CORNELL, WALTER BYRLE N. SCHOEPF SCHOEPF,BETTY L TRUSTEE 148 WOOD DUCK LANE FRIDAY HARBOR, WA 98250 5. DUFFIELD,BELINDA J PO BOX 1979 LAPINE, OR 97739 6. KING,RICHARD A KING,VONDA K 3085 NE WAVERLY CT BEND, OR 97701 7. MICHAEL,ARLENE J PO BOX 453 LA PINE, OR 97739 8. RHULE,BRENT H RHULE,MARYLYNNE R 91322 COBURG RD EUGENE, OR 97408 211021 D01 2200 Lot 14 Block 17 TALL PINES FOURTH ADDITION 211021DO12500 Lot 17 Block 17 TALL PINES FOURTH ADDITION 211021DO12500 Lot 17 Block 17 211021 D01 1800 Lot 10 Block 17 TALL PINES FOURTH ADDITION 211021 D01 1900 Lot 11 Block 17 TALL PINES FOURTH ADDITION 211021 D01 1700 Lot 9 Block 17 TALL PINES FOURTH ADDITION 211021DO11600 Lot 8 Block 17 TALL PINES FOURTH ADDITION $3,200.00 $3,200.00 $3,200.00 $3,200.00 $3,200.00 $3,200.00 $3,200.00 Page 1 - 2 Bull Bat Lane L.I.D. Final Assessment EXHIBIT "A" BULL BAT LANE L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 9. ROTH,HARLAN D ROTH,TRACY L PO BOX 1122 LA PINE, OR 97739 211021DO12300 Lot 15 Block 17 TALL PINES FOURTH ADDITION $3,200.00 10. SMITH,BETTY R SMITH,JEROME H 15979 BULL BAT LA PINE, OR 97739 11. WERNER,LLOYD W ETUX PO BOX 2417 LA PINE, OR 97739 211021DO12400 Lot 16 Block 17 TALL PINES FOURTH ADDITION 211021DO12000 Lot 12 Block 17 TALL PINES FOURTH ADDITION $3,200.00 $3,200.00 Page 2 - 2 Bull Bat Lane L.I.D. Final Assessment EXHIBIT "B" NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT (BANCROFT BONDING ACT, ORS 223.205 & 223.210 TO 223.295) September 30, 2004 TO: Owners of Assessed Properties located in Bull Bat Lane Local Improvement District, lying within Tall Pines Fourth Addition Subdivision On September 29, 2004 the Board of County Commissioners of Deschutes County, Oregon adopted Order No. 2004-080, determining the amount of and certifying assessments for local improvements made to dedicated public roads within the Bull Bat Lane 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 2004-001 of the Board of County Commissioners. Owners of the assessed properties listed herein have the option of paying the assessment in full by November 3, 2004 or, upon application filed by November 3, 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 November 3, 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 November 3, 2004. Payment is to be made to the Deschutes County Finance Department, Deschutes Services Building, 1300 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 November 3, 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 November 3, 2004, interest will be charged at an initial rate of 7 percent (7%) per annum on all unpaid assessment amounts. In the event that the application and installment payment agreements for this local improvement district are utilized for the purpose of issuing improvement bonds, the interest rate shall be set from the date of the bonds and thereafter at the lower of 7 percent (7%) per annum or a rate equal to the true interest cost of the bonds plus a financing rate set by the Board of County Commissioners. 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" BULL BAT LANE L.I.D. FINAL ASSESSMENT NAME OF PROPERTY OWNER PROPERTY DESCRIPTION FINAL ASSESSMENT 1. BEEBE,JERALD B 211021 DO12100 $3,200.00 BEEBE,SUE A Lot 13 Block 17 TALL PINES FOURTH ADDITION 2. BEEBE,JERALD B 211021 DO12200 $3,200.00 BEEBE,SUE A Lot 14 Block 17 TALL PINES FOURTH ADDITION 3. BYRLE N SCHOEPF & BETTY L 211021 DO 12500 $3,200.00 SCHOEPF TRUST Lot 17 Block 17 CORNELL,JUDY TALL PINES FOURTH CORNELL,WALTER ADDITION SCHOEPF,BETTY L TRUSTEE 4. CORNELL, JUDY 211021 DO12500 $3,200.00 CORNELL, WALTER Lot 17 Block 17 BYRLE N. SCHOEPF SCHOEPF,BETTY L TRUSTEE 5. DUFFIELD,BELINDA J 211021 DO 11800 $3,200.00 Lot 10 Block 17 TALL PINES FOURTH ADDITION 6. KING,RICHARD A 211021 D011900 $3,200.00 KING,VONDA K Lot 11 Block 17 3085 NE WAVERLY CT TALL PINES FOURTH BEND, OR 97701 ADDITION 7. MICHAEL,ARLENE J 211021 D011700 $3,200.00 PO BOX 453 Lot 9 Block 17 LA PINE, OR 97739 TALL PINES FOURTH ADDITION 8. RHULE,BRENT H 211021 D011600 $3,200.00 RHULEWARYLYNNE R Lot 8 Block 17 TALL PINES FOURTH ADDITION 9. ROTH,HARLAN D 211021 DO12300 $3,200.00 ROTH,TRACY L Lot 15 Block 17 TALL PINES FOURTH ADDITION Page 1 - 2 Bull Bat Lane L.I.D. Final Assessment EXHIBIT "B" BULL BAT LANE L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 10 SMITH,BETTY R SMITH,JEROME H 211021DO12400 Lot 16 Block 17 TALL PINES FOURTH ADDITION $3,200.00 11 WERNER,LLOYD W ETUX 211021DO12000 Lot 12 Block 17 TALL PINES FOURTH ADDITION $3,200.00 Page 2 - 2 Bull Bat Lane 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 BULL BAT LANE 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 Bull Bat Lane L.I.D. The Final Assessment was determined and levied against the Property by Order 2004-080, 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: Tall Pines Fourth 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 $3,200.00 and that the Final Assessment arises from local improvements made to the dedicated public road within the Bull Bat Lane L.I.D., in Deschutes County, Oregon, which project is known as the Bull Bat Lane L.I.D., as described in Resolution No. 2004-001 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 $3,200.00 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 November 3, 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 $3,200.00 Final Assessment shall be due in equal semi-annual installments of $225.16, including interest at a rate of 7% per annum accruing from November 3, 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, 2005, 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, 1300 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 NOVEMBER 3, 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