2007-56-Order No. 2007-037 Recorded 1/25/2007REVIF, 'D
LEGAL C UNSEL
DESCHUTES COUNTY OFFICIAL RECORDS CJ ~00~~er
NANCY BLANKENSHIP, COUNTY CLERK V~1
COMMISSIONERS' JOURNAL 0111512047 44'08'55 PM
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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. 2007-037
within Harrington Loop Road L.I.D., Setting
Terms for Payment, and Requiring Notices.
WHEREAS, pursuant to Resolution No. 2006-033 the Board of County Commissioners
of Deschutes County, Oregon, caused local improvements to be made to a portion of
Harrington Loop Road, a dedicated public road within the Harrington Loop Road L.I.D., in
Deschutes County, Oregon, as described in Section 1 of Resolution No. 2006-033 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 January 24, 2007 in accordance with law to fix the final assessment for the
Improvements benefiting certain real property in Harrington Loop 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 Harrington Loop 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. 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. 2007-037 - Harrington Loop Road LID
Section 3. Payment Options and Terms. Pursuant to Deschutes County Code
12.48.260, 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 February 5, 2007 and February 12, 2007 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. In the event that the application and installment payment
agreements for this local improvement district are utilized for the purpose of applying for
financing property owners' final assessments, or a portion of the final assessment, the interest
rate shall be set based on the rate of interest the County obtains for the indebtedness, plus 1 Y2
percent. An interim interest rate, based on the County's best estimate, may be assessed if the
financing indebtedness has not been obtained within 30 days of the final certified assessment.
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 thisA day of , 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
MICHAtt., IbALY, CFJAIR
ATTEST:
&MUki- LU , V E AIR
Recording Secretary
TAM ANEY, C MISSIONER
2 - ORDER NO. 2007-037 - Harrington Loop Road LID
EXHIBIT "A"
HARRINGTON LOOP L.I.D.
FINAL ASSESSMENT
NAME OF PROPERTY FINAL
PROPERTY OWNER DESCRIPTION ASSESSMENT
APREGAN, CRAIG 1510260000600 $21,903.76
APREGAN, PATRICIA A. Volume 2005 Page 61226
PO BOX 2184
SISTERS, OR 97759
2. BURKE,BARBARA ALLEN 1510260000601
BURKE,DOUGLAS L Volume 2004 Page 76344
16829 GREENBRIER RD
LAKE OSWEGO, OR 97034
3. GREENDALE,ALLEN 1510260000400
GREENDALE, ALLEN Volume 284 Page 786
GREENDALE, LORRIANE A.
67450 HARRINGTON LOOP RD
BEND, OR 97701
4. JONES,PERRY W ETAL
JONES,LOIS G.
BULLOCK,CHARLES J., JR.
BULLOCK,VIVIENNE H.
%JONES LOIS (A) PO BOX 177
NEHALEM, OR 97131
1510260000200
Volume 266 Page 348
5. MANSKER,MICHAEL J
MANSKER, KAREN M.
PO BOX 1376
SISTERS, OR 97759
1510260000602
Volume 2005 Page 73971
6. PEARL,M BETH 1510260000500
PEARL-GENT, M.BETH Volume 519 Page 2735
67430 HARRINGTON LOOP RD
BEND, OR 97701
7. TABOR,MICHAEL S 1510260000102
TABOR,PATRICIA A Volume 2002 Page 46819
16715 PETERSON RIDGE
BEND, OR 97701
8. WAGNER,DEBRA A
WAGNER,RAYMOND E.
67500 HARRINGTON LOOP
BEND, OR 97701
1510260000300
Volume 467 Page 2793
$5,475.94
$5,475.94
$5,475.94
$10,951.88
$5,475.94
$5,475.94
$5,475.94
Exhibit "A" - Page 1 of 1
Harrington Loop L.I.D. Final Assessment
EXHIBIT "B"
NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT
January 29, 2007
TO: Owners of Assessed Properties located in Harrington Loop Road Local Improvement District
On January 24, 2007 the Board of County Commissioners of Deschutes County, Oregon adopted
Order No. 2007-037, determining the amount of and certifying assessments for local improvements
made to dedicated public roads within the Harrington Loop 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 2006-033 of the Board of County Commissioners.
Owners of the assessed properties listed herein have the option of paying the assessment in full by
February 28, 2007 or, upon application filed by February 28, 2007 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 February 28, 2007 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 February 28, 2007. Payment is to be made
to the Deschutes County Finance Department, Deschutes Services Building, 1340 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 February 28, 2007. 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 February 28, 2007, 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 applying for
financing property owners' final assessments, or a potion of the final assessment, the interest rate
shall be set based on the rate of interest the County obtains for the indebtedness, plus 1 '/2 percent.
Questions should be addressed to George Kolb, County Engineer, at 61150 SE 27th St., Bend, OR
97702 (541) 322-7113.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
By: Tom Blust
Road Department Director
Exhibit "B"
Page 1 of 2
EXHIBIT "B"
HARRINGTON LOOP ROAD L.I.D.
FINAL ASSESSMENT
NAME OF
PROPERTY
FINAL
PROPERTY OWNER
DESCRIPTION
ASSESSMENT
1. APREGAN, CRAIG
1510260000600
$21,903.76
APREGAN, PATRICIA A.
Volume 2005 Page 61226
2. BURKE,BARBARA ALLEN
1510260000601
$5,475.94
BURKE,DOUGLAS L
Volume 2004 Page 76344
3. GREENDALE,ALLEN
1510260000400
$5,475.94
GREENDALE, ALLEN
Volume 284 Page 786
GREENDALE, LORRIANE A.
4. JONES,PERRY W ETAL 1510260000200 $5,475.94
JONES,LOIS G. Volume 266 Page 348
BULLOCK,CHARLES J., JR.
BULLOCK,VIVIENNE H.
5. MANSKER,MICHAEL J. 1510260000602 $10,951.88
MANSKER, KAREN M. Volume 2005 Page 73971
6. PEARL,M BETH 1510260000500 $5,475.94
PEARL-GENT, M.BETH Volume 519 Page 2735
7. TABOR,MICHAEL S 1510260000102 $5,475.94
TABOR,PATRICIA A Volume 2002 Page 46819
8. WAGNER,DEBRA A 1510260000300 $5,475.94
WAGNER,RAYMOND E. Volume 467 Page 2793
Page 1 Harrington Loop Road L.I.D. Exhibit"B"
Final Assessment Page 2 of 2
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
HARRINGTON LOOP 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 Chapter 12.48.260 of the Deschutes County Code, 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 Harrington Loop Road L.I.D. The
Final Assessment was determined and levied against the Property by Order 2007-037, 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))
Tax Lot Number: ((ACCOUNT))
Ownership information on the Property is as follows:
Owner's name: ((NAME 1))
NAME2))
(NAMES))
Owner's address: ((ADDRESS))
((CITY)), ((STATE)) ((ZIP))
Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the
property is [$21,903.76 or $10,951.88 or $5,475.94] and that the Final Assessment arises from
local improvements made to the dedicated public road within the Harrington Loop Road L.I.D.,
in Deschutes County, Oregon, which project is known as the Harrington Loop Road L.I.D., as
described in Resolution No. 2006-033 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 assessment program and financing indebtedness authorized
under Deschutes County Code and 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 [$21,903.76 or $10,951.88
or $5,475.94] 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 February 28, 2007, 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 [$21,903.76 or $10,951.88 or $5,475.94] Final
Assessment shall be due in equal semi-annual installments of [$1,541.17 or $770.59
or $385.29], including interest at a rate of 7% per annum accruing from February 28,
2007, 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, 2007, 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, 1340 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 FEBRUARY
28, 2007. 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 Chapter
12.48.260 of the Deschutes County Code. 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)) - uNAME1» - Page 3 of 3