2004-1353-Order No. 2004-088 Recorded 11/9/2004:VIE ED
L GAL COUNSEL
~ DESCHUTES COUNTY OFFICIAL RECORDS CJ 2004-i353~
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL ,
219~~niiuiwuu
1110 1 004 01,40,51 PM
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. 2004-088
the Final Assessment for the Improvements in
the Kiowa Drive L.I.D.
WHEREAS, the road improvements undertaken pursuant to Resolution No. 2004-052 in the
Kiowa Drive 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 Kiowa Drive 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
Kiowa Drive L.I.D. and has forwarded a report to the Board recommending that such amounts be
assessed against benefited properties within the boundaries of Kiowa Drive 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, December 1, 2004 at the 10:00 a.m. meeting in the Deschutes County Services
Center, 1300 NW Wall Street, Bend, Oregon 97701.
PAGE 1 OF 2- ORDER No. 2004-088
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 P1 _ , 2004.
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDER NO. 2004-088
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ES
,'Fr... Road Department
61150 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: October 26, 2005
RE: Kiowa 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 12, 2004 the Board of County Commissioners (Board) resolved, by Resolution No.
2004-052, to improve by contract a certain dedicated public roads, within the Kiowa Local
Improvement District (LID), known as Kiowa Drive and 93'd Place in Whispering Pines Estates
(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
30, 2004 and accepted by the Board pursuant to Order No. 2004-030, incorporated herein by this
reference. Attached (Exhibit "I") is a map of the LID showing the improved road and
boundaries.
CONSTRUCTION CONTRACT
The Road Department prepared plans, specifications, and contract documents for the construction
of the road improvements. Bids for the construction of the Oasis LID were opened on June 30,
2004. Bids were received from three construction firms: Hooker Creek Asphalt & Paving, High
Desert Aggregate & Paving, and Hap Taylor and Sons. The Board awarded the contract to the
low bidder, Hap Taylor and Sons, in the amount of $119,673.45.
Quality Services Performed with Pride
ACCEPTANCE OF IMPROVEMENTS
The construction of the improvements was completed by the contractor in September of 2004.
The Engineer inspected and approved the road improvements. The final payment for this
contract was made on October 4, 2004.
ACTUAL COSTS
The actual costs of the improvement, as defined in DCC 12.48.041, are as follows: the
construction cost was $121,633.20, the interim financing was $315.31, and the engineering and
administration cost is $16,352.00. The actual total improvement cost of $138,294.91 is 7%
below the originally estimated total improvement cost of $148,500. 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 will be reimbursed through assessment payments.
ASSESSMENT APPORTIONMENT
The method of apportioning the cost of the improvements amongst the benefited properties shall
be as set forth in Order No. 2004-030. Since this project was less than the "Not to Exceed Cost"
the property owners will only pay the $138,294.91. Specifically, actual per lot cost of the
improvements will be apportioned by dividing the actual costs of the improvements by the
number of lots specially benefiting from the improvements, as described in the Feasibility Study
for Kiowa L.I.D..
FINAL ASSESSMENT
Based on the foregoing report, the Engineer recommends that the cost of $138,294.91 be
assessed against the 21 specially benefited lots within the Kiowa Local Improvement District.
The rate for the Kiowa L.I.D. will be $6,585.47 per lot ($138,294.91 / 21 assessments) as shown
in Exhibit 3.
Note: this assessment is $485.96 less than the estimated per lot cost in Order No. 2004-030.
Kiowa Local Improvement District
i
i
i
t
i
i
Location of
Kowa LID
1000 0 1000 Feet
November 4, 2003
U. D>`SCIIUM COUNTY
ROBED DEPARTMENT
GIS DIVISION
Jahn Anderson, g1S Soncialist
^/Affected Roads
N L.I. D. Boundary
Other Roads
O Affected Parcels
Other Taxlots
Pk.rrdt13M6531, a® jeh&*d d.M..mp
611566-E2%th SLfW0K67762
The Information on this map was derived from digital datebases an
N Deschutes County's O.I.S. Care was Wain in the creation ofthis
map, but it is providod'as is". Deschutes Cautery eentwt accept eny
responsibi6fy for errors, orrissicrrs, or positional amracy in the digital
data or the undadying records. Thera are no warranties, express or
A implied including the warranty of merchadability or fitness for a
padkular purpose, accompanying this product. However, notification
of arty errors will be appreciated.
pAav_projects\local improvement districlsNowaklid.apr
EXHIBIT "2"
KIOWA L.I.D.
ACTUAL COST
CONSTRUCTION COSTS:
ITEM*
COST
Mobilization
$4,300.00
Construction Surveying
4,000.00
Traffic Control
2,570.00
Subgrade
27,306.00
Base
46,450.31
Paving
33,506.89
Misc. Work
3,500.00
TOTAL CONST.
$121,633.20
*Items are those described in the Engineer's Feasibility Study.
INTERIM FINANCING:
INTEREST
*
BALANCE
PAYMENT
TOTAL
INTEREST
TO DATE
10/8/2004
$111,151.80
$111,151.80
10/8/2004
$111,151.80
4,399.74
115,551.54
10/8/2004
115,551.54
6,081.66
121,633.20
12/1/2004
$315.31
121,948.51
$315.31
*The interim financing cost is the interest on the construction costs financed through the project
Fund (Fund #430). A 1.75% interest rate was assumed for the interim financing.
ENGINEERING & ADMINISTRATION:
Surveying & Design
$12,484.35
Contract Admin & Inspection
3,867.65
TOTAL E & A
$16,352.00
Actual Proiect Cost:
Construction Cost
Interim Financing
Engineering & Administration
TOTAL COST =
$121,627.60
315.31
16,352.00
$138,294.91
EXHIBIT "3"
KIOWA DRIVE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
ANDERSON,KEVIN L
VAUGHAN,RENEE M
65315 KIOWA DR
BEND, OR 97701
161221 D001200
Lot 16 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
$6,585.47
2
ATWOOD,CHERI A
PALMER,HARRY A
PALMER,MILDRED A
14750 SW STALLION DR
CROOKED RIVER, OR 97760
3
BOHN,LELA DELL TRUSTEE
65308 KIOWA DR
BEND, OR 97701
4. CARROLL,KEN
CARROLL,RONALD G
DECLEENE,MIKE J
65390 KIOWA DR.
BEND, OR 97701
5
CHRISTENSEN,JANET H
CHRISTENSEN,KENNETH R
65383 KIOWA DR
BEND, OR 97701
6
COCKERILL,DONALD L ETUX
65371 KIOWA DR
BEND, OR 97701
7
CRESSY,MERLE W TRUSTEE
65341 KIOWA DR
BEND, OR 97701
8. ELLINGSEN,JAMIE E
65357 KIOWA DR
BEND, OR 97701
161221D000500
Lot 15 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221 D001 000
Lot 10 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221D000200
Lot 18 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221DO01700
Lot 1 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
161221DO01600
Lot 8 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
161221DO01400
Lot 12 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
161221DO01500
Lot 11 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
$6,585.47
$6,585.47
$6,585.47
$6,585.47
$6,585.47
$6,585.47
$6,585.47
Page 1 of 3 KIOWA DRIVE L.I.D.
Final Assessment
EXHIBIT "3"
KIOWA DRIVE L.I.D.
FINAL ASSESSMENT
NAME OF
PROPERTY OWNER
PROPERTY
DESCRIPTION
FINAL
ASSESSMENT
9.
ELLIS,DARLENE J
1612220002600
$6,585.47
ELLIS,EARL R
Lot 8 Block 19
16858 S CREEKSIDE CT
SECOND ADDITION TO
OREGON CITY, OR 97045
WHISPERING PINES ESTATES
10.
FULLERTON,MARY E
161221 D000400
$6,585.47
FULLERTON,WENDELL C
Lot 16 Block 19
65360 KIOWA DR
SECOND ADDITION TO
BEND, OR 97701
WHISPERING PINES ESTATES
11.
GROSSMAN,BRIAN
161221 D000300
$6,585.47
65345 85TH PLACE
Lot 17 Block 19
BEND, OR 97701
SECOND ADDITION TO
WHISPERING PINES ESTATES
12.
HUMPHREY,SUSAN D
161221 D000100
$6,585.47
HUMPHREY,VERNON R
Lot 9 Block 19
65345 93RD PL
SECOND ADDITION TO
BEND, OR 97701
WHISPERING PINES ESTATES
13. KAEFER,ROGER L
65305 KOWA DR
BEND, OR 97701
161221 D001 100
Lot 19 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
$6,585.47
14. KIDDER,CHARLES
KIDDER,EVELYN J
KIDDER,KITTY K
65340 KIOWA DR
BEND, OR 97701
15. MANSFIELD,DEBORAH K
MANSFIELD,SCOTT R
65316 KIOWA DR
BEND, OR 97701
16. MURPHY,THOMAS J
65333 KIOWA DR
BEND, OR 97701
17. NASH,JOHN
65316 93RD PLACE
BEND, OR 97701
Page 2 of 3 KIOWA DRIVE L.I.D.
Final Assessment
161221D000600
Lot 14 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221D000900
Lot 11 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221DO01300
Lot 15 Block 1
FIRST ADDITION TO
WHISPERING PINES ESTATES
1612220002700
Lot 4 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
$6,585.47
$6,585.47
$6,585.47
$6,585.47
EXHIBIT "3"
KIOWA DRIVE L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
18. PATCHING,DANIEL WILLIAM 1612220002500 $6,585.47
PATCHING,JODI LEI Lot 7 Block 19
65340 93 PL SECOND ADDITION TO
BEND, OR 97701 WHISPERING PINES ESTATES
19. SIMON,AUDREY C
65330 IOWA DR
BEND, OR 97701
20. USSERY,JAMES R
503 INVERNESS DR
PACIFICA, CA 94044
21. WARNER,MARILYN C
WARNER,ROBERT W
65400 KIOWA DR
BEND, OR 97702
161221 D000700 $6,585.47
Lot 13 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221 D000800 $6,585.47
Lot 12 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
161221 AO01900 $6,585.47
Lot 19 Block 19
SECOND ADDITION TO
WHISPERING PINES ESTATES
Page 3 of 3 KIOWA DRIVE L.I.D.
Final Assessment
Kb.
Rw epartment
61150 S.E. 2An St. Bend, OR 97702
EXHIBIT «B„ (541) 388-6581 541) 388-2719
November 11, 2004
((NAME1))
((NAME2))
((NAME3))
((ADDRESS))
((CITY)), ((STATE) ((ZIP))
NOTICE OF PROPOSED ROAD ASSESSMENT FOR
KIOWA DRIVE L.I.D.
DESCRIPTION: ((ACCOUNT) LOT (LOT)) BLOCK ((BLOCK)
WHISPERING PINES ESTATES
AMOUNT OF ENGINEER'S PROPOSED ASSESSMENT: $6,585.47
The Board of County Commissioners has, by Order No. 2004-088, set a hearing on
Wednesday, December 1, 2004, at the Deschutes County Services Center, 1300 NW
Wall Street, Bend, Oregon 97701, at the 10:00 a.m. Board meeting, regarding 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