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2007-1388-Order No. 2007-131 Recorded 7/27/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 2401.1388 REVIE NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 07/27/2007 04;27;36 PM LEGAL COUNSEL 11111111 IIIIIIIIIIIIIIII) III III 2 07-1388 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. 2007-131 the Final Assessment for the Improvements in the Choctaw I L.I.D. WHEREAS, the road improvements undertaken pursuant to Resolution No. 2006-094 in the Choctaw I 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 Choctaw I 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 Choctaw I L.I.D. and has forwarded a report to the Board recommending that such amounts be assessed against benefited properties within the boundaries of Choctaw I 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, August 22, 2007 at the 10:00 a.m. meeting in the Deschutes County Services Center, 1300 NW Wall Street, Bend, Oregon 97701. PAGE I OF 2- ORDER NO. 2007-131 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 ~~7day of 52007. ATTEST: Recording Secretary PAGE 2 OF 2- ORDER NO. 2007-131 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ,r`~-cES c0 U Road Department 61150 SE 27th St. • Bend, Oregon 97702 EXHIBIT "A" (541) 388-6581 • FAX (541) 388-2719 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: GEORGE KOLB, COUNTY ENGINEER SUBJECT: CHOCTAW I LID, FINAL ASSESSMENT REPORT DATE: 7/6/2007 CC: FILE 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 June 28, 2006 the Board of County Commissioners (Board) resolved, by Resolution No. 2006- 094, to improve by contract certain dedicated public roads with the Choctaw I improvement district, (LID), known as Choctaw Road and Apache Road, to Deschutes County local road standards in conformance with the scope of work set forth in the Engineer's Feasibility Report dated June 1, 2006 and accepted by the Board pursuant to Order No. 2006-089, 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 Choctaw I LID were opened on August 9, 2006. Bids were received from four construction firms: Richard Bartels Construction, High Desert Aggregate and Paving, Hap Taylor and Sons and Moore Excavation. The Board awarded the contract to the low bidder, Richard Bartels Construction. ACCEPTANCE OF IMPROVEMENTS The construction of the improvements was completed by the contractor in May of 2007. The Engineer inspected and approved the road improvements and final payment for this contract was made on June 7, 2007. Quality Services Performed with Pride ACTUAL COSTS The actual costs of the improvement, as defined in DCC 12.48.041 are as follows: The construction cost was $215,546.25 and the engineering and administration cost was 40,218.00. As a result of the high cost of fuel and asphaltic concrete pavement, the actual total improvement cost of $255,764.25 is 13% above the originally estimated total improvement cost of $222,242. 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 in the amount of $222,242. ASSESSMENT APPORTIONMENT The method of apportioning the cost of the improvements amongst the benefited propertied shall be as set forth in Order No. 2006-089. Since this project exceeded the "Not to Exceed Cost", the property owners will only pay the $222,242. Specifically, the "Not to Exceed" cost of the improvements will be apportioned by dividing the "Not to Exceed Cost" by the number of lots specifically benefited from the improvements, as described in the Feasibility Study for the Choctaw I L.I.D. FINAL ASSESSMENT Based on the foregoing report, the Engineer recommends that the "Not to Exceed Cost" of $222,242 be assessed against the 31 specially benefited lots within the Choctaw I L.I.D. at a rate of $7,169 per lot ($222,242/31) as shown on Exhibit "3" 2 Locator Map BEND Location of LID 0 150 300 600 900 1,200 Feet Key ® LID Roads February 14, 2006 LID Area Taxlots .P Deschutes County Road Department C- d BY, rj John Anderson, GIS Specialist „L Phone: (541) 322-7102 L 9' Email:johnaOco.deschutes.ocus 8 8 Address: 61150 SE 27th St Bend, OR 97702 The information on this map was derived from digital databases on 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 responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. There are no warranties, express or implied, including thewarranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated. PAArcGIS_Projects\Local Improvement DistrichChoctaw Rd\ Choctaw Road LID Exhibit "l" EXHIBIT "2" CHOCTAW I L.I.D. ACTUAL COST CONSTRUCTION COSTS: ITEW Cost Mobilization $6,800.00 Surveying $3,200.00 Temporary Prot. & Direction of Traffic $1,200.00 Fla ers $1,102.51 Clearing and Grubbing $4,700.00 Embankment in Place $18,000.00 Watering $6,600.00 Finishing Roadbeds $5,500.00 Adjustin Boxes $160.00 6" Aggregate Base $63,033.27 2' Gravel Shoulders $3,600.00 Level 3 (1/2") Dense Graded HMAC $60,571.00 Misc. Work $41,079.47 TOTAL CONST. $215,546.25 *Items are those described in the Engineer's Feasibility Study ENGINEERING & ADMINISTRATION: Surveying & Design $19,469.86 Contract Admin & Inspection $15,081.64 Loan Cost $5,666.50 TOTAL CONST. $40,218.00 Acual Proiect Cost: Construction Cost = $215,546.25 Engineering and Administration = $40,218.00 TOTAL COST = $255,764.25 EXHIBIT "3" CHOCTAW I L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 1. BLACK,BRIAN S 1811250002800 $7,169.00 19175 APACHE RD Lot 28 Block U BEND, OR 97702 DESCHUTES RIVER WOODS 2. BOURNE,KYLE E 181126AO12600 $7,169.00 BOURNE,LISA K Lot 12 Block V PO BOX 7872 DESCHUTES RIVER WOODS BEND, OR 97702 3. BUCKMAN,NORMA J 1811250001900 $7,169.00 BUCKMAN,WALLACE R Lot 19 Block U 19245 APACHE RD DESCHUTES RIVER WOODS BEND, OR 97702 4. CUSTER, ELIZABETH A 181125BO15500 $7,169.00 19204 CHOCTAW RD Lot 6 Block W BEND, OR 97702 DESCHUTES RIVER WOODS 5. DAWSON,JUDY L 181125BO15300 $7,169.00 19208 CHOCTAW RD Lot 8 Block W BEND, OR 97702 DESCHUTES RIVER WOODS 6. EASTON, ARTHUR AND ANN 181125BO15700 $7,169.00 TRUST Lot 4 Block W EASTON,ANN C TRUSTEE DESCHUTES RIVER WOODS EASTON,ARTHUR L TRUSTEE 19200 CHOCTAW RD BEND, OR 97702 7. GRABER,A JANNEA 1811250002000 $7,169.00 GRABER,DANIEL P Lot 20 Block U 19231 APACHE RD DESCHUTES RIVER WOODS BEND, OR 97702 8. GRABER,A JANNEA 1811250002100 $7,169.00 GRABER,DANIEL P Lot 21 Block U 19231 APACHE RD DESCHUTES RIVER WOODS BEND, OR 97702 9. GUTIERREZ,JANET L 181125BO15600 $7,169.00 764 HARVEY WAY Lot 5 Block W SACRAMENTO, CA 95831 DESCHUTES RIVER WOODS Page 1 of 4 CHOCTAW I L.I.D. Final Assessment EXHIBIT "3" CHOCTAW I L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 10. HALVORSEN, ROBERT M 181126A011900 $7,169.00 60739 BRISTOL WAY Lot 19 Block V BEND, OR 97702 DESCHUTES RIVER WOODS 11. HERMELING,BELINDA A WALTER,GUY H TR &R EXCAVATING PO BOX 7321 BEND, OR 97708 181126AO12300 Lot 0 Block V DESCHUTES RIVER WOODS $7,169.00 12. HYATT,SHERRY A 19207 CHOCTAW RD BEND, OR 97702 13. JEPPESEN,CHLOE JEPPESEN,DANNY 19191 APACHE RD BEND, OR 97702 14. JOHNSON,DAWNA L JOHNSON,JEFFREY L PO BOX 6582 BEND, OR 97708 15. KELLER,STEVAN T KELLER,ZOELLEN 19212 CHOCTAW RD BEND, OR 97702 16. LANDSON,BARRY M PMB 344 1972 NE 3RD ST BEND, OR 97701 181126AO12500 Lot 13 Block V DESCHUTES RIVER WOODS 1811250002600 Lot 26 Block U DESCHUTES RIVER WOODS 1811250002700 Lot 27 Block U DESCHUTES RIVER WOODS 181125BO15100 Lot 10 Block W DESCHUTES RIVER WOODS 181126AO12700 Lot 11 Block V DESCHUTES RIVER WOODS 17. LANGE FAMILY TRUST 181125BO15900 LANGE,HARRY M IN TRUST (CB) Lot 2 Block W LANGE,HELEN C IN TRUST (CB) DESCHUTES RIVER WOODS 19196 CHOCTAW RD BEND, OR 97702 18. MCCAY,DENNIS M 181125BO15200 MCCAY,DOROTHY D Lot 9 Block W 12537 SW CINDER DR DESCHUTES RIVER WOODS CROOKED RIVER RANCH, OR 97760 $7,169.00 $7,169.00 $7,169.00 $7,169.00 $7,169.00 $7,169.00 $7,169.00 Page 2 of 4 CHOCTAW I L.I.D. Final Assessment EXHIBIT "3" CHOCTAW I L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 19. MCMILLAN,GARY R 181125BO14900 $7,169.00 19258 APACHE RD Lot 12 Block W BEND, OR 97702 DESCHUTES RIVER WOODS 20. NEWBERRY,JEFFREY D PO BOX 943 VAIL, CO 81658 181125BO15800 Lot 3 Block W DESCHUTES RIVER WOODS $7,169.00 21. OKERLUNCD, STEVEN J. OKERLUND,JANE C 5661 CRESENT AVE BUENA PARK, CA 90620 22. ONEILL,DANIEL ONEILL,KRISTI B 19197 CHOCTAW RD BEND, OR 97702 23. PFEIL,JAMES B PFEIL,ROSEMARIE 19193 CHOCTAW RD BEND, OR 97702 24. PLUMLEE,DOROTHY M PLUMLEE,ROBERT M 19214 CHOCTAW BEND, OR 97702 25. SALLEE,SANDRA WOODROW,JOHN R II PO BOX 6101 BEND, OR 97708 26. SALT,KAREN J SALT,MIKE D 19201 APACHE RD BEND, OR 97702 181125BO15400 Lot 7 Block W DESCHUTES RIVER WOODS 181126AO12000 Lot 18 Block V DESCHUTES RIVER WOODS 181126AO11800 Lot 20 Block V DESCHUTES RIVER WOODS 181125BO15000 Lot 11 Block W DESCHUTES RIVER WOODS 1811250002300 Lot 23 Block U DESCHUTES RIVER WOODS 1811250002500 Lot 25 Block U DESCHUTES RIVER WOODS 27. STEGURA,PATRICIA TRUSTEE 1811250002400 STEGURA,STEPHEN R Lot 24 Block U TRUSTEE DESCHUTES RIVER WOODS 10052 N RANCHO SONORA DR TUCSON, AZ 85737 $7,169.00 $7,169.00 $7,169.00 $7,169.00 $7,169.00 $7,169.00 $7,169.00 Page 3 of 4 CHOCTAW I L.I.D. Final Assessment EXHIBIT "3" CHOCTAW I L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 28. STONER FAMILY LIVING TRUST 1811250001700 STONER,CHARLEEN Lot 17 Block U STONER,STEVEN L DESCHUTES RIVER WOODS PO BOX 360774 MILPITAS, CA 95036 29. VENCILL,GARY L VENCILL,LORI J 19201 CHOCTAW RD BEND, OR 97702 181126AO12200 Lot 16 Block V DESCHUTES RIVER WOODS 30. VERNON,GUY 1293 NW WALL ST #1361 BEND, OR 97701 31. WALTER,LAURIE 10013 NE 105TH AVE VANCOUVER, WA 98662 1811250002200 Lot 22 Block U DESCHUTES RIVER WOODS 1811250001800 Lot 18 Block U DESCHUTES RIVER WOODS $7,169.00 $7,169.00 $7,169.00 $7,169.00 Page 4 of 4 CHOCTAW I L.I.D. Final Assessment E EXHIBIT "B" Road Department 61150 S.E. 27th St., Bend, OR 97702 (541) 388.6581 • FAX (541) 388.2719 July 30, 2007 NAME1) (NAME2) (NAME3) (ADDRESS) (CITY), (STATE) (ZIP) NOTICE OF PROPOSED ROAD ASSESSMENT FOR CHOCTAW I L.I.D. DESCRIPTION: (ACCOUNT) LOT (LOT) BLOCK (BLOCK) (SUBDIVISION) AMOUNT OF ENGINEER'S PROPOSED ASSESSMENT: $7,169.00 The Board of County Commissioners has, by Order No. 2007-131, set a hearing on Wednesday, August 22, 2007, 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. . "em, 24,4f- Z.e~ TOM BLUST, DIRECTOR OF PUBLIC WORKS ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON