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2006-377-Order No. 2006-063 Recorded 4/4/2006REVIE LEGAL C UNSEL DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK Q 2006.377 COMMISSIONERS JOURNAL , ~!9Uluii~rm~ 04104/2006 04,21,01 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order declaring the intention to create a Local Improvement District known as Harrington Loop Road L.I.D. for the improvement of Certain Dedicated Public Roads Known as a portion of Harrington Loop Road, Deschutes County, Oregon Accepting the Engineer's Feasibility Report, Setting the Hearing for Remonstrance, and Authorizing the Road Director to Give Notice of Said Hearing. * * * * * * ORDER NO. 2006-063 * * * WHEREAS, the Board of County Commissioners, By Resolution 2005-099 initiated the improvement of certain dedicated public roads known as Harrington Loop Road L.I.D.; and WHEREAS, the County Engineer has investigated the feasibility of making the improvements, estimated the cost of the improvements, proposed a method of assessment and estimated the amount of the assessments against each of the specially benefited properties, in accordance with 12.48.150 of the Deschutes County Code; and WHEREAS, the Board has considered the Engineer's report and has determined to proceed with the proposed improvements, subject to the notice and hearing requirements of Chapter 12.48 of the Deschutes County Code; and WHEREAS, the Engineer conducted a mail poll of all the owners of all specially benefited lots within the L.I.D. in accordance with Section 12.48.166 of the Deschutes County Code. The poll approval rate is 60% of the owners of land representing over 60% of the total amount of the estimated assessment for the proposed local improvement; and WHEREAS, Section 12.48.170 of the Deschutes County Code requires that the Board provide notice to specially benefited property owners and set a hearing for the purpose of hearing remonstrances to said improvements; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That the Engineer's report relating to the improvement of certain dedicated public roads known as Harrington Loop Road, Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference incorporated herein, be accepted and hereby approved. Section 2. That a hearing be set on April 24, 2006, at 10:00 a.m. at the Deschutes County Services Building, Board of Commissioner's Hearing Room 1300 NW Wall Street, Bend, Oregon for the purpose of hearing remonstrances to said improvements. PAGE I OF 2- ORDER NO. 2006-063 - HARRINGTON LOOP ROAD L.I.D. Section 3. That, subject to the hearing process set forth by Chapter 12.48 of the Deschutes County Code, the LID be formed and the improvements carried out as described in said Engineer's Report. Section 4. That the Road Department Director be authorized to notify benefited property owners of the said hearing and proposed improvement, in a form substantially as contained in Exhibit "B", attached hereto and by this reference incorporated herein. DATED this 'day of , 2006. BOARD OF COUNTY COMMISSIONERS OF DESCHUCOUNTY, OREGON 2 ATTEST: Recording Secretary Chair O, Vice Chair 4~~, a ~ 9-,. a MICHAEL . DALY, Co missioner PAGE 2 OF 2- ORDER No. 2006-063 - HARRINGTON LOOP ROAD L.I.D. -rGC--- Page 1 of 5 TO: Board of County Commissioners FROM: George Kolb, County Engineer DATE: March 28, 2006 Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 SUBJ: Feasibility study for the Harrington Loop Road L.I.D. This report is made pursuant to Section 12.48.150 of the Deschutes County Code concerning the engineering investigation, by the Deschutes County Road Department, for proposed local road improvements. Deschutes County received a petition from certain property owners to improve an established county road known as a portion of Harrington Loop Road from Peterson Ridge Road to the end of the existing pavement of Harrington Loop Road in Section 26, Township 15 South, Range 10 East. Due to this petition, the Deschutes County Board of County Commissioners initiated a Local Improvement District by Resolution No. 2005-099 signed on July 25, 2005. The Resolution was referred to the Deschutes County Road Department for the completion of a feasibility study of the proposed local improvements in accordance with Deschutes County Code 12.48.150. This report constitutes the engineer's findings. GENERAL DESCRIPTION OF THE ROAD AND SURROUNDING AREA The area in which the road improvements are sought constitutes a rural community in a combination of Multiple Use Agriculture and Exclusive Farm Use zones located approximately 4 miles south and east of Sisters, Oregon. This community is accessed from Highway 20 by way of Harrington Loop. Harrington Loop intersects Highway 20 at milepost 3.17 and at milepost 5.47, which is approximately 10 miles northwest of Bend, Oregon. Harrington Loop is classified as a rural local road. All of the lots within the boundary of the LID abut directly on Harrington Loop. Harrington Loop Road within the proposed LID is currently an unpaved, gravely road maintained by Deschutes County. There is no written evidence of the establishment of Harrington Loop as a County Road, but it has been maintained by the Public Works Department Quality Services Performed with Pride Page 2 of 5 for over 30 years and is commonly known as a County Road. Also, this County Road is in the process to be legalized and will have an associated right of way. Harrington Loop Road is not constructed to current County standards, but the County maintains it as a gravel surface road. Harrington Loop is an unpaved road and between the times it is graded it is prone to washboards, rutting and dust. The Road Department does grade the road in the spring and fall when the moisture content of the base material is high. During the summer months grading is ineffective and washboards, ruts and dust problems all occur within a few weeks of being bladed. Magnesium chloride is being used as a dust deterrent; however it becomes ineffective and must be reapplied after a heavy rain storm. During the winter months the ground is often frozen making grading impossible. A map of the area is attached hereto as Exhibit 1. OPTIMAL LOCATION AND EXTENT OF THE IMPROVEMENT Harrington Loop Road is classified as a rural local street by the Deschutes County Transportation Plan. This means that the purpose of this road is to carry local traffic and primarily serve lots abutting the subject street. See DCC 17.08.620(F). Harrington Loop from the East line of Section 26 to Peterson Ridge Road is included in the Local Improvement District and is an optimal location and extent of the project. The proposed improved road will facilitate orderly development throughout the neighborhood as well as effective maintenance of the improvements. BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT DCC 12.48.130 requires that properties to be assessed be included within the boundaries of a designated local improvement district (LID). Properties to be included in a LID are properties that are benefited by the proposed local improvement. Attach as part of Exhibit 2 of this report is a map showing the boundary of the improvement and the road to be improved. Properties abutting or have their only accesses from the road improvement are presumed to benefit from such construction. Accordingly, except as noted herein, the boundaries of the LID have been drawn to include those properties abutting or have their only access from the improved road. Since the road is designated as a rural local road, it will be constructed to standards appropriate for a rural local road. A map of the Local Improvement District is attached hereto as Exhibit 2. DESCRIPTION OF THE CONSTRUCTION DESIGN The construction standards for local streets are found in the County Code under DCC 17.48.010. Rural Roads within the County are governed by relevant standards under DCC 18.67.A and Chapter 17 Table A. Those standards require a pavement width of at least 24 feet, a base depth of 6 inches of crushed aggregate and a surface of 0-9 oil-mat or 2" of Asphalt Concrete (AC). The road must be designed to the safety and design standards of the American Association of State Highway and Transportation Officials (AASHTO). These standards as adapted to rural local streets reflect the designation and function of the improvement as a local street. This engineer's Page 3 of 5 report has been drafted anticipating that the work to be done will meet the rural local road construction standards: Mobilization - Normal mobilization costs incurred in preparation of the work. Construction Surveying - Setting slope stakes, subgrade stakes, and base stakes for the contractor to construct the road. Paving - Road paving will be a 2" AC surface. The pavement width will be a minimum of twenty-four (24) feet. Engineering and Administration - Expenses incurred by the County for the preparation of plans and specifications, inspection, surveying, accounting, payment collection, and interim financing costs. From the staff's review of the proposal and the site, it does not appear that there is anything that would make the proposal unfeasible from a technical standpoint. 60 feet of Right-of-way is dedicated to the public. The existing road to be improved is maintained and in use. The terrain is generally flat in nature and no excavation or embankment will be required. CONSISTENCY WITH LAND USE REGUATIONS There are two considerations to be looked at in assessing whether the proposed improvements are consistent with zoning requirements. First, whether the class of the road improvement is one that would require land use approval and second, whether the requirements of the applicable zones would require land use approval. Class III road and street projects are those involving modernization, traffic safety improvements, maintenance, repair or preservation of a road or street. Since this modernization does not include adding a lane, the proposed improvements would be considered to be a Class III road or street project. See DCC 17.08.030, definition for "Road and street project". Improvements falling within this classification do not, as a general rule, require a land use permit. The proposed improvements are located within Multiple Use Agriculture (MUA 10) and Exclusive Farm Use Tumalo/Redmond/Bend (EFUTRB) zones. Class III road improvements in the MUA zone are outright permitted uses. See DCC 18.32.020 (E). Reconstruction or modification of public roads and highways in EFU zones are outright permitted uses. See DCC 18.16.010 (F). The proposed project is consistent with the MUA and EFUTRB zoning and may proceed without obtaining permits. DETERMINATION OF MAXIMUM ACTUAL COST Under DCC Chapter 12.48; assessments for local improvements may include, in the costs to be assessed to benefiting properties, the "actual cost of the local improvement project". Actual costs include all direct and indirect costs incurred by the County to undertake a capital construction project such as that proposed by Resolution No. 2005-099 "Actual costs" includes but is not limited to; the cost of labor, materials, supplies, equipment rental, property acquisition, permits, engineering, financing, legal, administration, depreciation, amortization, reserve for Page 4 of 5 delinquencies, or defaults and debt service. Administrative expenses may include those incurred in preparation for formation of a local improvement district, such as meeting with property owners, preparing and processing the feasibility report, and providing notice and conducting hearings. Harrington Loop Road is an existing County maintained road and the County is responsible for the maintenance and improvements to the existing road. The County has no plans to pave Harrington Loop and the Road Department agreed with the property owners that they will only be responsible for the cost of paving. All other cost, including base preparation, surveying, engineering, traffic control, administration, etc; will be paid for by the County Road Department. The engineer had determined the property owners' maximum actual cost of the proposed local improvement is $8112.20 per assessment. The estimate construction costs are based on 2006 project costs for similar types of construction. Attached as Exhibit 3, is a detailed schedule of the cost estimate. PROPOSED METHOD OF ASSESSMENT The recommended method of assessment, to arrive at a fair apportionment of the actual cost of the local improvement to the properties specially benefited, is to divide the total cost of the project or maximum actual cost, which ever is less, by the number of benefited lots. This per lot apportionment method is recommended due to differing lot sizes, shapes, frontage lengths, the presence of corner lots and it takes into account densities prescribed by zoning in the area. The differences amongst the lots make for difficulties in apportionment of an alternative method based on frontage or acres. However, if the properties can be legally divided without going through the land use process the property is assessed for having the status of being as many lots that it can be divided into. The boundaries of the LID have been drawn to include only properties that abut or directly access onto the proposed improvements. All included properties are zoned MUA and EFUTRB. Given the existing zoning, the size of the subject parcels, and the nature of existing development in the area, it is reasonable to assume that future development on the vacant lots or legally subdivided lots in the proposed LID will be for residential uses. SPECIAL BENEFITS TO ASSESSED PROPERTIES After the improvements are finished, all properties proposed to be assessed will have the entirety of the access be by way of a paved improved road designed and constructed to County standards. County standards reflect the safety and design criteria of the Association of State Highway and Transportation Officials (AASHTO). Direct access from paved, improved roads will reduce wear and tear on vehicles and generally make access to the properties for the entire length of the access more convenient. Direct access from paved, improved roads will improve response time for emergency service vehicles, such as fire trucks and ambulances. Emergency service vehicles will not be required to slow down to negotiate bad stretches of road. Page 5 of 5 Direct access from paved, improved roads will reduce dust raised by vehicles traveling past residences on aggregate roads. Direct access from paved, improved roads will enhance the property values on a real market value standard. Unimproved roads require frequent maintenance to keep them from getting rutted and wash boarded. Often, the washboards and ruts will reappear on the surface of the road after only a week and the road will need to be regraded. For all these reasons, the properties to be assessed are specially benefited from the proposed improvements DESCRIPTION AND ASSESSED VALUE A description and assessed value of each lot or parcel to be specially benefited by the local improvements and included within the LID boundaries, with the names of the owners of record is attached as Exhibit 4 of this report. MAXIMUM ASSESSMENT AGAINST EACH LOT The maximum assessment against each lot or parcel to be included in the LID is: $97,346.41/12 assessments = $8112.20 This is the assessment against each lot that the County agrees not to exceed, if the actual costs are less than the engineer's estimate then the assessment against each lot will be reduced. FINANCIAL CONSIDERATIONS DCC 12.48.150(B) addresses minimum requirements for the financial feasibility of the proposed project. Attached as Exhibit 5 is the analysis by the County Finance Director regarding financial feasibility of the project. o LIM Y 20 U W W Location of LID 0 0 0 W LL ® March 27, 2006 Legend Harrington Loop Q LID Boundary Taxiots The information on this map was derived from digital databases on Deschutes County Road Department Deschutes County's G.1.3. Care was taken in the creation ofthis C, ;mod map, but it is provided "as is". Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy in the digital John Mderson, CAS Specialist t data or the underlying records. There are no warranties, express or l-I Phone (541) 322-7102 B implied, including the warmly of merchantability or fitness for a _ Email:johnaBco.deschu[es.onus _ 4 pa~cularpurpose,auampanyingtfwsproduct. However, notification Address 61150 SE 27th - of any errors will be apprecisted. Bend, OR 97702 11111" P:Wrc6S_Projects\LoCal Improvement DistricMarrington Exhibit "1" - Locator Map 0 500 1,000 2,000 3,000 4,000 Feet Exhibit'3' Harrington Loop Road Local Improvement District Cost Estimate Item Quantitv Unit Unit Price Cost Preparation Mobilization 1 LS $ 5,000.00 $ 5,000.00 Traffic Control Temporary Protection & Direction of Traffic 1 LS $ 2,000.00 $ 2,000.00 Flaggers 60 Hrs $ 30.00 $ 1,800.00 Road Work Finishing Roadbeds 3956 LF $ 3.00 $ 11,868.00 2' Aggregate Shoulders 1758 SY $ 3.00 $ 5,274.67 Level 3 (1/2") Dense Graded HMAC 1200 T $ 50.00 $ 60,000.00 Driveways & Approaches 1 EA $ 300.00 $ 300.00 Subtotal $ 86,242.67 Const. Contingencies 5% $ 4,312.13 Subtotal $ 90,554.80 Engineering and Administration 7.5% $ 6,791.61 Total $ 97,346.41 EXHIBIT'4' HARRINGTON LOOP ROAD L.I.D. BENEFITED PROPERTIES NAME OF PROPERTY PROPERTY NOT TO NO. PROPERTY OWNER DESCRIPTION VALUE EXCEED COST 1 TABOR,MICHAEL S 1510260000102 $381,530.00 $8,112.20 TABOR,PATRICIA A 16715 PETERSON RIDGE RD 16715 PETERSON RIDGE BEND, OR 97701 2 JONES, PERRY W 1510260000200 $336,170.00 $8,112.20 JONES, LOIS G 67550 HARRINGTON LOOP RD BULLOCK, CHARLES J., JR BULLOCK, VIVIENNE H % JONES LOIS (A) PO BOX 177 NEHALEM, OR 97131 3 WAGNER,DEBRAA 1510260000300 $254,110.00 $8,112.20 67500 HARRINGTON LOOP 67500 HARRINGTON LOOP RD BEND, OR 97701 4 GREENDALE, ALLEN 1510260000400 $419,860.00 GREENDALE, LORRIANE A 67450 HARRINGTON LOOP RD 67450 HARRINGTON LOOP RD BEND, OR 97701 5 PEARL-GENT,M BETH 1510260000500 $445,710.00 67430 HARRINGTON LOOP f 67430 HARRINGTON LOOP RD BEND, OR 97701 6 APREGAN, CRAIG 1510260000600 $1,133,500.00 APREGAN, PATRICIA A 67405 HARRINGTON LOOP RD 24566 JOHN COLTER RD HIDDEN HILLS, CA 91302 7 BURKE, BARBARA ALLEN 1510260000601 $102,940.00 BURKE, DOUGLAS L 67380 HARRINGTON LOOP RD 16829 GREENBRIER RD LAKE OSWEGO, OR 97034 8 MANSKER,MICHAEL J 1510260000602 $989,790.00 MANSKER,KAREN M 67505 HARRINGTON LOOP RD PO BOX 1376 SISTERS, OR 97759 $8,112.20 $8,112.20 $32,448.80 $8,112.20 $16,224.40 EXHIBIT #5 Harrington Loop Road Local Improvement District Financial Anal 1. Assessment to Value Ratios The ratio of assessed property value to the estimated LID assessment is one means of determining the financial risk. The ratios and lot percentages in the LID are as follows: Number of Lots % of Project Ratio Analysis 8 100% 10:1 or greater 0 0.0% 5:1 to 10:1 0 0.0% 2:1 to 5:1 0 0.0% 2:1 or less The following information was compiled by the Deschutes County Road Department: Approximately 4,000 feet of road is to be improved and 8 lots are to benefit from this road. This is already a County maintained road and the County will be responsible for surveying, widening, and placing the base rock. However, the homeowners will be responsible for the paving costs. No one property owner owns more than one lot within the boundaries of the LID. However, one lot owner is going to have 4 assessments (33%) and another lot owner is going to have 2 assessments (17%). The Assessor's records show 6 of the 8 lots developed; therefore DCC 12.48.330 "MINIMUM REQUIREMENTS FOR LOCAL IMPROVEMENTS INVOLVING UNDEVELOPED LAND" does not apply. However, all of the lots exceed the 2:1 value test in A.I. All of the lots involved have no property taxes owing, so the test in (A.5) has been met. II. Risk Related Undeveloped Land Approximately 25% (2 lots) of the property within this area are undeveloped. Of the undeveloped properties, all have value to assessment ratios greater than a 10:1 ratio. All but one of the undeveloped lots are zoned for exclusive farm use, the other is zoned multiple use agricultural. III. Interim Financing Outside interim financing for this project may be required. If outside financing is required, bonding for these assessments will be required on behalf of property owners. IV. Long-term Financing Ballot Measure 50 has not affected our ability to issue limited tax improvement bonds for a project such as this one, according to our financial advisor for recent bond issues. Marty Wynne Finance Director, Deschutes County EXHIBIT "B" NOTICE OF PROPOSED ROAD IMPROVEMENT DATE: April 3, 2006 TO: APREGAN, CRAIG APREGAN, PATRICIA A. 24566 JOHN COLLER ROAD HIDDEN HILLS, CA 91302 DESCRIPTION OF IMPROVEMENT PROJECT: HARRINGTON LOOP ROAD L.I.D. DESCRIPTION OF BENEFITED PROPERTY: 1510260000600 Estimated Cost of Improvement: $97,346.41 Estimated Amount of Assessment: $8,112.20 The Board of County Commissioners has initiated the above improvement. The County Engineer has made a favorable report to the Board of County Commissioners regarding the proposed improvement. The Engineer's report relating to the proposed LID is on file and available for public examination. The area affected by the proposed local improvement is that neighborhood surrounding Harrington Loop Road. The benefiting lots that would be assessed for the proposed improvement include those lots abutting the aforementioned road and those lots that use said road as their only access and are shown on the attached map. Upon completion of the proposed improvement, the road will be accepted into the County Road System, and will be maintained by Deschutes County. IF YOU OBJECT TO THE PROPOSED IMPROVEMENT AND ASSESSMENTS, YOU ARE REQUIRED TO FILE WRITTEN OBJECTION, IF ANY, WITH THE BOARD OF COUNTY COMMISSIONERS, C/O DESCHUTES COUNTY ROAD DEPARTMENT, 61150 S.E. 27TH STREET, BEND, OREGON 97702, WITHIN 20 DAYS AFTER THE MAILING OF THIS NOTICE, OR BY ORAL TESTIMONY AT THE PUBLIC HEARING ON THE PROPOSED IMPROVEMENTS BEFORE THE BOARD OF COUNTY COMMISSIONERS, WHICH WILL BE HELD ON APRIL 24, 2006, AT 10:00 A.M. AT THE DESCHUTES COUNTY SERVICES BUILDING, BOARD OF COMMISSIONER'S HEARING ROOM 1300 NW WALL STREET, BEND, OREGON. If more than 50% of the owners of land representing more than 50% of the total amount of the assessment for the proposed improvement file objections, the proposed improvement will be declared abandoned and no new resolution shall be adopted within a period of one year. If the required number of objections are not received, the improvement will proceed and you will be notified of the actual assessment when it is determined by the Engineer. This assessment, as finally approved by the Board of County Commissioners, will be entered into the lien docket of Deschutes County and will be released when the assessment is paid in full. Owners may apply to make payments in installments which can be paid over a ten-year period. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM BLUST, Road Department Director On Behalf of the Board of County Commissioners T W~ Exhibit 'T' - Locator Map 0 500 1,000 2,000 3,000 4,000 Feet ® March 27, 2006 .P Deschutes County Road Department C, .d ey: John Anderson, GIS Specialist ALL Phone. 1541)322-7102 LL LL Emall johnaOco.deschutes.or.us Address' G 1150 SE 27th St Send, OR 97702 Legend Harrington Loop Q LID Boundary Taxiots The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the creation of this map, but it is provided "as is". Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. There are no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated.