1988-01780-Order No. 88-003 Recorded 2/1/1988ss-oveso BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Order Approving Formation of Newberry Estates Special Road District, and Providing For Notice of Final Hearing. ORDER NO. 88-003 DESCHUTES COUNTY, OREGON 0 0"0."04 WHEREAS, a petition requesting formation of a special dis- trict to be known as "Newberry Estates Special Road District" was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on December 3, 1987; and WHEREAS, a public hearing was held on Wednesday, January 27, 1988, to hear the petition and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals, and the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by a formation of the District; and WHEREAS, after consideration of the economic, demographic, and sociological trends and projections pertinent to the pro- posal, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the petition, the Board is of the opinion that the area would be benefited by formation of the District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for Newberry Estates Special Road District be approved. Section 2. That the boundaries of said district are as follows: All of Phase I and 2 of Newberry Estates as platted on the official plats recorded in Cabinet B - Phase I pages 311 through 316, Phase 2 pages 429 through 434 of the plat records in the office of the County Clerk of Deschutes County, Oregon, excepting therefrom Lot 43 of Block 9 and Lot 32 of Block 12 of Newberry Estates Phase II. Section 3. That the applicable land use criteria pertinent to the proposed district formation, the facts found by the Board, and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit "A", attached hereto and by K L"T t;'41��' - "r�-Ehis reference incorporated herein. -003 ORDER NO. 88 4 0090-0477 Section 4. That the district formed hereby shall be known as Newberry Estates Special Road District. Section 5. That a final hearing regarding formation of the District shall be held on Wednesday, February 17, 1988, at 10:00 a.m., in the Deschutes County Administration Building, Bend, Oregon. Section 6. All interested persons may appear and be heard. Section 7. Upon conclusion of the final hearing, the Board will enter its final order creating the District unless written requests for an election are filed at or before the hearing by resident voters within the District, numbering not less than 15% of the registered voters, or 100 registered voters, whichever is the lesser number. Section 8. Notice of the final hearing, as shown in Exhibit "B,',', attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this c��/ c1t, �day of 1988. BOARD OF COUNTY COMMISSIONERS OF DZSCHUTVS QQUNTY-,?OREGON IS BjRIqTOW PRANTE, Commissioner ATTEST: -11" 111111 1VVWT TOM FTAROOP w lcgzmlssloner Re—cording Secretary 151 -CX UDLIN, Chairman 2 - ORDER NO. 88-003 EXHIBIT "A" That the district formation will further the provision of public facilities and services to the property by providing improvement and maintenance of roads within the district, in accordance with Statewide Land Use Goals as follows: 1. The proposed district formation meets the criteria set forth in Goal 11 because improvement and maintenance of roads within the district will provide efficient and orderly provision of those public facilities and services, to wit: roads to serve as a framework for rural development. 2. The proposed district formation meets the criteria set forth in Goal 12 because (a) roads in the rural area of this District are a key facility; and (b) development of a dis- trict for the improvement and maintenance of roads will encourage safe, convenient and economic transportation facilities )K 'CP'OFILMED I _' EXHIBIT "B" 0090-0479 NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 1. A public hearing regarding the formation of Newberry Estates Special Road District will be held on Wednesday, February 17, 1988, at 10:00 a.m. in the Deschutes County Administra- tion Building, Bend, Oregon. 2. The boundaries of the proposed District are described as follows: All of Phase I and 2 of Newberry Estates as platted on the official plats recorded in Cabinet B - Phase 1 pages 311 through 316, Phase 2 pages 429 through 434 of the plat records in the office of the County Clerk of Deschutes County, Oregon, excepting therefrom Lot 43 of Block 9 and Lot 32 of Block 12 of Newberry Estates Phase II. 3. The purpose of the proposed District to be formed is the improvement and maintenance of roads within the District. 4. All interested persons may appear and be heard. Upon con- clusion of the final hearing, the Board will enter its final order creating the District, unless written requests for an election are filed on or before the hearing by resident voters within the District numbering not less than 15% of the registered voters, or 100 registered voters, whichever is the lesser number. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DICK MAUDLIN, Chairman To be published in the "Bulletin": To be posted: February 1, 1988 February 1, February 10, 1988 A;CROM�'Arr"