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CITY OF MOSCOW Latah County, Idaho LOCAL IMPROVEMENT DISTRICT NO. 134 NOTICE TO COUNTY RECORDER OF CONFIRMATION OF ASSESSMENTS 527889 NOTICE IS HEREBY GIVEN, pursuant to Section 50-1715, Idaho Code, that on the 2nd day of March, 2009, the City Council of the City of Moscow, Latah County, Idaho, adopted Ordinance No. 2009-07, confinning the Assessment Roll and the assessments of property within the following described boundaries of Local Improvement District 134: A Local Improvement District comprised of five land parcels situated in the City of Moscow, Latah County, Idaho and the boundary of said Local Improvement District being more particularly described as follows: Commencing at the northwest comer of the southeast quarter of Section 18, Township 39 North, Range 5 West, Boise Meridian; thence N87°00'E, 772.50 feet; thence S00°05'W, 30.04 feet to the point of intersection with the southerly right-of-way of Taylor Avenue and the westerly right-of-way line of Linda Lane, said point being the TRUE POINT OF BEGINNING; Thence along said Taylor Avenue right-of-way, S87°00'W, 64.50 feet; Thence S00°05'W, I I 0.00 feet along the westerly boundary of the Grant tract as described in Warranty Deed No. 507953, on file with the Latah County Recorder's office; Thence S87°00'W, 30.50 feet along the nmtherly boundary of the Brennan Propetties tract as described in Quitclaim Deed No. 460886 on file with said recorder's office; Thence S00°05'W, 110.00 feet along the westerly boundary of said Brennan Properties tract; Thence S87°00'W, 97.50 feet along the notiherly boundary of the Brawdy tract as described in Wan·anty Deed No. 414063 on file with said recorder's office; Thence S00°05'W, 83.35 feet along the westerly boundary of said tract; Thence S82°29'E, 215.56 feet along the southerly boundary of said tract to the comer of Lot 3 of the Stephens Addition to the City of Moscow; Thence S06°22'W, 20.00 feet along the westerly boundary of said Lot 3 and along the boundary of the Saeed tract as described in Deed of Distribution document No. 467455 on file with said recorder's office; Thence S82°29'E, 76.21 feet along said Saeed tract to the easterly boundary of said Lot 3; Thence N00°05'E, 20.17 feet along said easterly boundal)' to the northeast corner of said Lot 3; Thence continuing N00°05'E, 136.27 feet along the easterly boundary of said Saeed tract; Thence continuing N00°05 I I 0.00 feet along the easterly boundary of the Bieker tract as described in Warranty Deed No. 494273. on file with said recorder's office; Thence S87°00'W, 65.00 feet along the north boundary of said Bieker tract to the easterly right-of-way line of Linda Lane; Thence continuing S87°00'W, I 5.02 feet to the centerline of the Linda Lane right-of-way; Thence N00°05' E, 11 0.00 feet along said centerline to the southerly right-of-way line of Taylor Avenue; Thence S87°00'W, 15.02 feet along said right-of-way line to the TRUE POINT OF BEGINNING. Including the following properties: Owner/Mailing Address Douglas Grant 105 I 5 Morring Road Longmont, CO 80504 Brennan Properties P.O. Box 9332 Moscow, lD 83843 David C. Brawdy 11 01 Brown Road Pullman, WA 99163 Site Address Parcel No. 613 & 615 Taylor Avenue 1 315 & 1317 Linda Lane 2 I 320 Linda Lane 3 ---PAGE BREAK--- Amtul S. Saeed 2859 Stanley Place Coquitlam, BC V3B-707 Canada John A. Bieker 2275 Blaine Road Moscow, lD 83843 13 18 Linda Lane 1314 & 13 16 Linda Lane 527889 4 5 Attached to this Notice is a true and COITect copy of Ordinance No. 2009-07, adopted by the City Council on March 2, 2009, and a true and correct copy of the final confirmed Assessment Roll for Local Improvement District No. 134. WITNESS my hand and seal this 91h day of March, 2009. ---PAGE BREAK--- EXHIBIT LINDA LANE L.I.D. N0.134 ASSESSMENT 1/3 SQUARE FT. 1/3 PER LOT & 1/3 FRONT FT. ASSESSMENT PARCEL 33% 33% 33% NO. NAME PER LOT SQUARE FT. FRONT FOOT 1 GRANT, DOUGLAS $3,954.47 $2,434.21 $4,790.66 2 BRENNAN PROPERTIES LLC $3,954.47 $4,226.69 $5,051.96 3 BRA WDY, DAVID C. $3,954.47 $7,391.30 $3,092.15 4 SAEED, AMTUL S. $3,954.47 $3,272.88 $1,872.71 5 BIEKER, JOHN A. $3,954.47 $2,447.27 $4,964.86 LI.D. COST $19,772.34 $19,772.34 $19,772.34 TOTAL COST $11,179.33 $13,233.13 $14,437.92 $9,100.06 $11,366.60 $59,317.03 TOTAL L.I.D. COST (Includes extra work & 6.2% interest) $11,872.45 $18,351.49 $15,333.07 $13,341.97 $14,361.00 $73,259.98 } 00 00 ~ ---PAGE BREAK--- 527889 ORDINANCE NO. 2009 - 07 AN ORDINANCE Of THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, APPROVING AND CONFIRMING THE ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 134, FOR CERTAIN IMPROVEMENTS MADE ON LINDA LANE WITHIN THE CORPORATE LIMITS OF THE CITY OF MOSCOW; PROVIDING FOR THE PAYMENT OF CERTAIN COSTS OF SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN SUCH DISTRICT BENEFITED THEREBY; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND BONDS; PROVIDING FOR ESTABLISHING CERTAIN FUNDS AND ACCOUNTS TO PAY THE PRINCIPAL AND INTEREST ON THE BONDS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW, IDAHO: SECTION 1: CONFIRMATION OF ASSESSMENT ROLL The assessments and the final assessment roll consists of of grading, plant mix pavement, curbs, gutters. sidewalks. driveways and storm drainage; together with related improvements and costs and expenses of engineering, legal services, bond issuance costs, reserves, and other related expenses for improvements to Linda Lane within the corporate limits of said City of Moscow; all of which is provided for under Ordinance No. 2007-14, be and the same is hereby and in all things approved and confinned. SECTION 2: PROPERTY AFFECTED Each lot, or parcel of land, and other property shown upon said roll is hereby benefited in the amount of the assessment levied thereon; and there is hereby levied and assessed against each of the lots, parcels and other properties. as set forth and described in said roll. the amount as finally charged against each such lot, parcel and other property as it appears in said rolls. SECTION 3: ITEMS OF COST The total cost of improvements shall include the contract price of the improvements, engineering, clerical service, advertising, cost of inspection, cost of preparing and collecting assessments, interim construction interest. interest upon bonds or other financing instrument. if issued. and for legal services for preparing proceedings and advising in regard thereto; the p011ion of said costs to be levied is contained in the assessment roll, attached as Exhibit and incorporated herein by this reference, and in accordance with the method as described in Ordinance No. 2007-14, creating the district. SECTION 4: CERTIFICATION OF ASSESSMENT ROLL The Clerk, upon passage of this Ordinance, is directed to certify and file the confirmed assessment roll forthwith with the City Treasurer, and shall tlu1her file with the County Recorder a notice which shall contain the date of this confinning ordinance along with a description of the area or boundaries of the district. SECTION 5: NOTICE AND PAYMENT OF ASSESSMENTS Upon passage of the assessment roll, the treasurer of the City shall mail a postcard or letter to each property owner assessed at the post office address if known, or if unknown, to the post office in the 200':1-07 LID 134 Roll Ordinance March 2. 2009 Pagl' l nf 4 ---PAGE BREAK--- 527889 City where the improvement is being made, stating the total amount of the assessment, plus the substance of the terms of payments of the same as set out in the ordinance confirming the assessment roll. An affidavit of the mailing of the notice shall be filed, before the date of delinquency, in the office of the treasurer in the file of the improvement district, but the failure of the treasurer to give any notice required by this section or to do any other act or thing required by this section, shall not affect the validity of the assessments or installments thereof due nor extend the time for payment, but shall subject the City to liability to a taxpayer for any damage sustained by the latter by reason of such failure. SECTION 6: ASSESSMENT A LIEN The assessments made by this confinning ordinance shall be a lien upon the proposed assessed property from and after the date the City Clerk files with the County Recorder a notice which shall contain the date of the con tinning ordinance and a description of the area or boundaries of the district, and the City Clerk is directed to forthwith make said filing. SECTION 7: DUE DATE OF ASSESSMENTS Said assessments shall become due and payable to the City Treasurer within thirty (30) days from the date of the adoption of this Ordinance, and the assessment levied by this Ordinance shall be a lien upon the prope11y assessed upon and after Notice containing the date of this confirming ordinance and a description of the area or boundaries of the District is tiled with the Latah County Recorder. However, said interest shall run from the date of this Ordinance, irrespective of the date of its publication. If any assessment is not paid in tull within said thi11y (30) days, such assessment shall become delinquent and may be collected in the manner with the same penalties and the same interest added thereto as hereinafter provided for delinquent assessments. All or any payment of any assessment may be paid without interest, penalty or cost at any time on or before thirty (30) days from the date of the adoption of this Ordinance. Any property owner who has not paid his assessment in full within said thirty (30) days, will be conclusively presumed to have chosen to pay the same in installments. such payment in full thereafter shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the bonds or other financing instrument from the date of the last installment to one year after the next interest date of said bonds or other financing instrument. Any assessment or any pat1 of any assessment that is not paid as aforesaid shall be paid to the City Treasurer in ten (I 0) equal annual installments, the first of which shall become due and payable one year from the date of the passage of this ordinance, and be delinquent on the same day in each succeeding year thereafter, together with interest on all installments thereaHer to become due. The first or last installments, however, may be more or Jess than the remaining payments. If any installment is not paid within twenty (20) days from the date it is due. the same shall become delinquent and the City Treasurer shall add a penalty of two percent thereon. SECTION 8: ISSUANCE OF BONDS OR OTHER FINANCING INSTRUMENT Bonds issued in accordance with the Local Improvement District Code I.C. 50-1701 et seq. shall be dated as of the date of the passage of this Ordinance, viz.: March 2, 2009, with the issuance of the required to be issued on account of said improvements within a period of two months thereafter: provided, however, that a different date for the issuance may be subsequently fixed by Resolution of the City Council. Said bonds/instrument shall be issued in the sum of the amount described in said assessment rolL which sum shall be included the cost of the contract price, estimated 2009-07 LID 134 A Roll Ordinanc" \1arch 2. 200\! Pagt' 2 ,,r4 ---PAGE BREAK--- 527889 costs and expenses of portions of engineering and surveying. the estimated costs and expenses of asce11aining the ownership of the lots and parcels of land within said Local Improvement District, the estimated costs and expenses of accounting, clerical and labor. and such other costs incident to the making of said improvements, including the issuance of the Local Improvement Bonds and publications: and provided further that no bonds/instrument shall be issued in excess of the costs and expenses as set fo11h above, nor before the expiration of twenty (20) days from and after the date of the mailing of a postcard or letter to each property owner assessed, at the post office address if known. or if unknown to the post office in the municipality where the improvement is being made, stating the total amount of the assessment plus the substance of the terms of payments of the same as set out in the ordinance conJirming the assessment roll, and further that the said roll is in the hands of the City Treasurer for collection. Said bonds/instruments shall bear interest at a rate not to exceed ten percent (10%) per annum. In lieu of bonds, registered warrants or other financing instrument deemed by the City to be of similar efficacy may be issued under the same circumstances and in the same manner as bonds. such wanants to be issued in payment of any or all costs or expenses of the improvements to the amount said costs or expenses were set out in the engineer's report. The wanants shall be redeemable in numerical order and fu11her shall be subject to all provisions of the code relating to local improvement bonds so far as the same may be applicable, including, but not limited to, the provisions of the Local Improvement District Code. f. C. 50-1701 et seq. SECTION 9: DENOMINATION OF BONDS, REGISTERED WARRANTS AND/OR OTHER FINANCING INSTRUMENTS The denomination of the bonds shall be in multiples of $1,000.00 each, except that Bond No. may be of such lesser sum than $1,000.00 as may be necessary to make the issue correspond with the total amount of the assessment for which Local Improvement District Bonds are issued and set forth in the Assessment Roll. Registered warrants may be in a denomination as detennined by the City Council. SECTION 10: ESTABLISHING CERTAIN FUNDS AND ACCOUNTS TO PAY THE PRINCIPAL AND INTEREST ON THE FINANCING INSTRUMENTS The City Treasurer is hereby authorized and empowered, and it shall be his duty, to receive and collect for Local Improvement District No. 134, (hereinafter called the "District"), all assessments levied on properly within the District to pay the cost of said improvements, the installments thereof. the interest thereon, and the penalties accrued, including, without limitation. the whole of the unpaid principal which becomes due and payable immediately because of the failure to pay any installment, whether principal or interest, when due, and to pay and disburse such payment to the persons or persons lawfully entitled to receive the same in accordance with the laws of the State of Idaho and all ordinances and resolutions of said City. All monies constituting the payment of principal and interest of said unpaid installments of the assessments for said District shall be placed in separate funds for said District to be designated ''Bond Fund and Interest Fund for Local Improvement District No. 134" to be used for payment of maturing bonds and interest on the bonds. Monies in the Bond Fund and Interest Fund for this District shall be deposited in such bank or banks as are designated as depositories of public monies tor the funds of said City under the depository laws of the State of Idaho for the deposit of public funds or investments, as provided by law. Interest 200'1-07 LID Iz{ A"l·s;tno.:nt Roll Onlm