2004-1414-Order No. 2004-101 Recorded 12/7/2004*REV:IEW. D
L COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS 1004.1414
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 1Z~07~Z0~4 03;10;45 PM
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2004-1414
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. 2004-101
within Bandley Road L.I.D., Setting Terms
for Payment, and Requiring Notices.
WHEREAS, pursuant to Resolution No. 2004-049 the Board of County Commissioners
of Deschutes County, Oregon, caused local improvements to be made to all of Bandley Road, a
dedicated public road within the Bandley Road L.I.D., in Deschutes County, Oregon, as
described in Section 1 of Resolution No. 2004-049 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 December 1, 2004 in accordance with law to fix the final assessment for the
Improvements benefiting certain real property in Bandley 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 the dedicated public roads within the Bandley 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.
Exhibit "A" are hereby certified and imposed against the listed
order.
The final assessments listed in
properties as of the date of this
1 - ORDER NO. 2004-101, Bandley 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 December 15, 2004 and December 22, 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 this LL day of dL U,!~ , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
ATTEST:
DENNIS R. LUKE; CO MISSIONER
Recording Secretary
TOVDEWOCF, COMMISSIONER
2 - ORDER NO. 2004-101, Bandley Road LID
EXHIBIT "A"
BANDLEY ROAD L.I.D
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
1.
COX, AMALIA
201012BO15800
$9976.00
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
$9976.00
ELLING, R. MARK
Lot 2 Block 7
60360 HORSE BUTTE RD.
SPRING RIVER ACRES UNIT NO. 5
BEND, OR 97702
3.
HARMIN, ROBIN
201012BO15500
$9976.00
JOHNSON, DON
Lot 5 Block 7
PO BOX 3845
SPRING RIVER ACRES UNIT NO. 5
SUNRIVER, OR 97707
4.
LARSEN, PAUL JOSEPH
201012BO15400
$9976.00
LARSEN, RAQUEL CECELIA
Lot 4 Block 7
56725 BANDLEY RD.
SPRING RIVER ACRES UNIT NO. 5
SUNRIVER, OR 97707
5.
LUTHI, UELI
201012BO15300
$9976.00
P.O. BOX 1390
Lot 3 Block 7
MAMMOTH LAKES, CA 93546
SPRING RIVER ACRES UNIT NO. 5
6.
SAGESER, ERIC
201012BO15600
$9976.00
SAGESER, MARSHALL
Lot 6 Block 7
56712 BANDLEY
SPRING RIVER ACRES UNIT NO. 5
BEND, OR 97707
7.
WILSON, PERRI MARIE
201012BO15700
$9976.00
WILSON, JOSEPH C.
Lot 7 Block 7
56718 BANDLEY.
SPRING RIVER ACRES UNIT NO. 5
BEND, OR 97707
Page 1 - Bandley Road L.I.D.
Final Assessment - Exhibit A
EXHIBIT "B"
NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT
(BANCROFT BONDING ACT, ORS 223.205 & 223.210 TO 223.295)
December 6, 2004
TO: Owners of Assessed Properties located in Bandley Road Local Improvement District, lying
within Spring River Acres Unit No. 5 Subdivision
On December 6, 2004 the Board of County Commissioners of Deschutes County, Oregon adopted
Order No. 2004-101, determining the amount of and certifying assessments for local improvements
made to dedicated public road within the Bandley 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 2004-049 of the Board of County Commissioners.
Owners of the assessed properties listed herein have the option of paying the assessment in full by
January 12, 2005 or, upon application filed by January 12, 2005 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 January 12, 2005 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 January 12, 2005. Payment is to be made to
the Deschutes County Finance Department, Deschutes County Services Center, 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 January 12, 2005. 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 January 12, 2005, interest will be charged at an initial rate of seven 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 seven 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 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
AME OF
PROPERTY OWNER
EXHIBIT "B"
BANDLEY ROAD L.I.D.
FINAL ASSESSMENT
PROPERTY
DESCRIPTION
INAL
ASSESSMENT
1.
COX, AMALIA
201012BO15800
$9976.00
COX, RAYMOND E
Lot 8 Block 7
SPRING RIVER ACRES UNIT NO. 5
2.
ELLING, ELIZABETH ANNE
201012BO15100
$9976.00
ELLING, R. MARK
Lot 2 Block 7
SPRING RIVER ACRES UNIT NO. 5
3.
HARMIN, ROBIN
201012BO15500
$9976.00
JOHNSON, DON
Lot 5 Block 7
SPRING RIVER ACRES UNIT NO. 5
4.
LARSEN, PAUL JOSEPH
201012BO15400
$9976.00
LARSEN, RAQUEL CECELIA
Lot 4 Block 7
SPRING RIVER ACRES UNIT NO. 5
5.
LUTHI, UELI
201012BO15300
$9976.00
Lot 3 Block 7
SPRING RIVER ACRES UNIT NO. 5
6.
SAGESER, ERIC
201012BO15600
$9976.00
SAGESER, MARSHALL
Lot 6 Block 7
SPRING RIVER ACRES UNIT NO. 5
7.
WILSON, PERRI MARIE
201012BO15700
$9976.00
WILSON, JOSEPH C.
Lot 7 Block 7
SPRING RIVER ACRES UNIT NO. 5
Page 1 - Bandley Road L.I.D.
Final Assessment - Exhibit B
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
BANDLEY 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
Bandley Road L.I.D. The Final Assessment was determined and levied against the Property by
Order 2004-101, 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: Lot ((LOT) Block ((BLOCK)
((SUBDIVISION) Spring River Acres, Unit No. 5
Tax Lot Number: ((ACCOUNT)
Ownership information on the Property is as follows:
Owner's name: ((NAMED
((NAME2)
NAME3)
NAME4))
Owner's address: ((ADDRESS)
((CITY), ((STATE) ((ZIP)
Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the
property is $9,976.00 and that the Final Assessment arises from local improvements made to a
dedicated public road within the Spring River Acres Unit No. 5 Subdivision, in Deschutes
County, Oregon, which project is known as the Bandley Road L.I.D., as described in Resolution
No. 2004-049 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 $9,976.00 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 January
12, 2005, 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 $9,976.00 Final Assessment shall be due in
equal semi-annual installments of $701.92, including interest at a rate of 7% per
annum accruing from January 12, 2005, 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 County Services
Center, 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» - aNAME1» - 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 JANUARY
12, 2005. 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