2004-1354-Order No. 2004-089 Recorded 11/9/2004COUNTY OFFICIAL
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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. 2004-089
the Final Assessment for the Improvements in
the Bandley Road L.I.D.
WHEREAS, the road improvements undertaken pursuant to Resolution No. 2004-049 in the
Bandley Road 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 Bandley Road 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
Bandley Road L.I.D. and has forwarded a report to the Board recommending that such amounts be
assessed against benefited properties within the boundaries of Bandley Road 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.
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
PAGE 1 OF 2- ORDER No. 2004-089
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 1`B", attached hereto and by this reference incorporated herein.
DATED this f " day of ; . V '2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
mm~
Recording Secretary
- , M, "
MI H EL M. ALY, air
R. LUKE,
TOM DEWOLF,
PAGE 2 OF 2- ORDER NO. 2004-089
ES
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: Bandley 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.
2004-051, to improve by contract a certain dedicated public road, within the Bandley Local
Improvement District (LID), known as Bandley Road in Spring River Acres, Unit No. 5
subdivision (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 22, 2004 and accepted by the Board pursuant to Order No. 2004-028, 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 Bandley LID were opened on July 21,
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 $70,105.00.
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 $67,134.38, the interim financing was $174.03, and the engineering and
administration cost is $13,601.07. The actual total improvement cost of $80,909.48 is 16%
above the originally estimated total improvement cost of $69,835. 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. 2004-028. Since this project was more than the "Not to Exceed
Cost" the property owners will only pay the $69,835.00. Specifically, actual per lot cost of the
improvements will be apportioned by dividing the "Not to Exceed Cost" 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 $69,835.00 be assessed
against the 7 specially benefited lots within the Bandley Local Improvement District. The rate
for the Bandley L.I.D. will be $9,976.00 per lot ($69,835.00 / 7 assessments) as shown in
Exhibit 3.
Bandley Local Improvement District
ti
Location of
Bandley LID
400 0
400 800 Feet
DESCHUTES COUNTY
November 5, 2003
[LOAD DEPARTMENT
61S DIVISION
John Anderson, CIS Specialist
xmail: johns@dexi9mms.nni
phow: 1:x111 3 88 65131,
Affected Roads
N L.I.D. Boundary
Other Roads
81158 S.E. 210, St., Bead, OR, 87782
The information on this map was derived from dgjtal databases on
Affected Parcels
N Deschutes County's G.I.S. Care was taken In the creation ofthis
map, but it is provided "as is°. Deschutes County cannot accept any
0 Other Taxlots,
responsibilityforerrors, orrvssms,orpositional accuracy in the dgital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
A
particular purpose, accomparrying this product. However, notification
of any
errors will be appreciated.
plav_projects\local improvement districts\Bandley\lid.apr
EXHIBIT "2"
BANDLEY L.I.D.
ACTUAL COST
CONSTRUCTION COSTS:
ITEM*
COST
Mobilization
$5,150.00
Construction Surveying
2,350.00
Traffic Control
2,477.00
Subgrade
12,655.00
Base
27,542.00
Paving
16,960.38
TOTAL CONST.
$67,134.38
*Items are those described in the Engineer's Feasibility Study.
INTERIM FINANCING:
INTEREST
*
BALANCE
PAYMENT
TOTAL
INTEREST
TO DATE
10/8/2004
$62,966.36
$62,966.36
10/8/2004
$62,966.36
811.30
63,777.66
10/8/2004
63,777.66
3,356.72
67,134.38
12/1/2004
$174.03
67,308.41
$174.03
*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
$10,664.81
Contract Admin & Inspection
2,936.26
TOTAL E & A
$13,601.07
Actual Proiect Cost:
Construction Cost
Interim Financing
Engineering & Administration
TOTAL COST =
= $67,134.38
174.03
= 13,601.07
$80,909.48
EXHIBIT "3"
BANDLEY ROAD L.I.D.
FINAL ASSESSMENT
NAME OF
PROPERTY OWNER
PROPERTY
DESCRIPTION
FINAL
ASSESSMENT
1.
COX, AMALIA
201012BO15800
$9,976.00
COX, RAYMOND E
Lot 8 Block 7
P.O. BOX 3058
SPRING RIVER ACRES UNIT NO. 5
SUNRIVER, OR 97707
2.
ELLING, ELIZABETH ANNE
201012BO15100
$9,976.00
ELLING, R. MARK
Lot 2 Block 7
60360 HORSE BUTTE RD.
SPRING RIVER ACRES UNIT NO. 5
BEND, OR 97702
3.
HARMIN, ROBIN
201012BO15500
$9,976.00
JOHNSON, DON
Lot 5 Block 7
PO BOX 3845
SPRING RIVER ACRES UNIT NO. 5
SUNRIVER, OR 97707
4.
LARSEN, PAUL JOSEPH
201012BO15400
$9,976.00
LARSEN, RAQUEL CECELIA
Lot 4 Block 7
56725 BANDLEY RD.
SPRING RIVER ACRES UNIT NO. 5
SUNRIVER, OR 97707
5.
LUTHI, UELI
201012BO15300
$9,976.00
P.O. BOX 1390
Lot 3 Block 7
MAMMOTH LAKES, CA 93546
SPRING RIVER ACRES UNIT NO. 5
6.
SAGESER, ERIC
201012BO15600
$9,976.00
SAGESER, MARSHALL
Lot 6 Block 7
56712 BANDLEY
SPRING RIVER ACRES UNIT NO. 5
BEND, OR 97707
7.
WILSON, PERRI MARIE
201012BO15700
$9,976.00
WILSON, JOSEPH C.
Lot 7 Block 7
56718 BANDLEY.
SPRING RIVER ACRES UNIT NO. 5
BEND, OR 97707
Page 1 of 1 BANDLEY ROAD L.I.D.
Final Assessment
Road Department
81150 SE. 27! ~ SC., Bend, OR 97702
EXHIBIT "B" (511) 383-6581 Fran (541) 388.271.9
November 11, 2004
NAMED
(NAME2)
NAME3))
(ADDRESS)
((CITY)), ((STATE) ((ZIP))
NOTICE OF PROPOSED ROAD ASSESSMENT FOR
BANDLEY ROAD L.I.D.
DESCRIPTION: (ACCOUNT) LOT (LOT) BLOCK «BLK)>
SPRING RIVER ACRES, UNIT NO. 5
AMOUNT OF ENGINEER'S PROPOSED ASSESSMENT: $9,976.00
The Board of County Commissioners has, by Order No. 2004-089, 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