1988-05441-Order No. 88-020 Recorded 3/22/1988REVIEWED
88-054,41L 1 4 -
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DE�-=CH-TES--COUNTY7--V
An Order Fixing the Time and *
Place For the Hearing On the 0109, _
Proposed Formation of a Live- *
stock District in Portions of *
Sections 33, 34 and 35, Town- *
ship 20 South, Range 10 East
of the Willamette Meridian,
and Portions of Sections 2, 3,*
4, 8, 9 and 10, Township 21
South, Range 10 East of the
Willamette Meridian, Deschutes*
County, Oregon.
ORDER NO. 88-020
WHEREAS, the Board of County Commissioners of Deschutes
County, Oregon, on or about October 6, 1986, received a petition
to form a livestock district in portions of Sections 33, 34 and
35, Township 20 South, Range 10 East of the Willamette Meridian,
and portions of Sections 2, 3, 4, 8, 9 and 10, Township 21 South,
Range 10 East of the Willamette Meridian, Deschutes County,
Oregon; and
WHEREAS, the name of the proposed livestock district is
Deschutes River Recreation Homesites Livestock District; and
WHEREAS, the petition met the requirements of ORS 607.010;
and
WHEREAS, the Board, after publishing notice as provided by
law, held a hearing on the petition on March 11, 1987; and
GON
WHEREAS, the Board, by Resolution No. 87-015, called for an
election on the formation of the proposed livestock district; and
WHEREAS, a measure election on the formation of the proposed
district was held on May 19, 1987, and resulted in approval of
the formation of the district; and
WHEREAS, following the measure election, the Board dis-
covered that an incorrect legal description of the proposed
livestock district was circulated with the petition for formation
of the district, published in all legal notices concerning public
hearings before the Board and published in all notices concerning
the measure election; and
WHEREAS, following the election, the Board also discovered
that the measure ballot title for formation of the proposed
livestock district contained an erroneous listing of the live-
stock to be prohibited from running at large in the district; and
I ORDIZIRRMMEE08-020
2 3 1988
UA090-69
WHEREAS, the errors in the legal description and in the
measure ballot title could subject the results of the election
approving formation of the livestock district to legal challenge;
and
WHEREAS, the Board has the authority under ORS 607.013 to
set another hearing on the petition for formation of the
Deschutes River Recreation Homesites Livestock District for a
date within 30 days of the date of this Order; and
WHEREAS, the Board believes that it is in the best interests
of the citizens of Deschutes County that another hearing be held
on the proposed formation of the Deschutes River Recreation
Homesites Livestock District so that another measure for forma-
tion of the livestock district may be submitted to the electors
in the proposed district at the election scheduled for May 17,
1988; and
WHEREAS, the Board must fix a time and place for such new
hearing on the petition; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That a hearing be held on the petition to form
the proposed livestock district to be named Deschutes River
Recreation Homesites Livestock District within the boundaries
described in Exhibit "A", attached hereto and by this reference
incorporated herein, on Wednesday, March 30, 1988, at 10:00 a.m.
in the Deschutes County Administration Building, 1130 N. W.
Harriman, Bend, Oregon.
Section 2. That the county Clerk shall publish notice of
said hearing in substantially the form set forth in Exhibit "B",
attached hereto and by this reference incorporated herein, for
two consecutive weeks not more than 30 days prior to said hear-
ing.
Section 3. That the County Clerk shall further cause a copy
of the published notice to be forwarded by certified mail to the
State Department of Agriculture.
2 - ORDER NO. 88-020
DATED this day of 1988.
BOARD OF COUNTY COMMISSIONERS
OF AESCHTITES COUN)Y4, OREGON
I$,"`BRI$TOW PRANTE, Commissioner
AVOST: TOM/ T OP Copm.;.ssioner
'00 o
Recording Secretary K MAFJbLIN, *'Cl-,a'lrman
3 - ORDER NO. 88-020
t
0090-0945"
"EXHIBIT A"
PROPOSED LIVESTOCK DISTRICT
BOUNDARY DESCRIPTION
A parcel of land situated in portions of Section 33, 34, and
35, Township 20 South, Range 10 East of the Willamette Meridian
and portions of Sections 2, 3, 4j 8, 9 and 10 Township 21 South,
Range 10 East W. M., more particularly described as follows:
Beginning at the Northeast corner of said Section 3, Town-
ship 21 South, Range 10 E. W. M.7 thence along the northerly line
of Section 3, North 890 401 West 1330.56 feet to the Northwest
corner of the NEk NE1-, of Section 37 thence Southerly along the
westerly line of the NE-1� NE1-4 to its intersection with the thread
of the Deschutes River7 thence southwesterly along the thread of
the Deschutes River to its intersection with the thread of Fall
River7 thence northwesterly along the thread of Fall River to its
intersection with the northerly line of Section 3; thence contin-
uing northwesterly along the thread of Fall River through Section
34, Township 20 South, Range 10 East W. M. to its intersection
with the easterly line of Section 33, Township 20 South, Range 10
East W. M.7 thence northerly along the easterly line of said
Section 33 to the Northeast corner of the NEh SEk of Section 337
thence along the northerly line of the NEh SE-, of Section 33 to
the Northwest corner of said NEk SE -147 thence southerly along the
westerly line of the NE1-, SE1-, to the Northeast corner of the SWh
SE1-4 of Section 337 thence along the northerly line of said SWh
SE1-, to its intersection with the thread of Fall River7 thence
northwesterly along the thread of Fall River to its intersection
with the westerly line of the NW1-, SEj of Section 331 thence
southerly along the westerly line of the NWk SEk and the SWk SEk
to the Northwest corner of the NEl of Section 4, Township 21
South, Range 10 East, W. M.7 thence continuing southerly along
the westerly line of the NEk and SEk of Section 4 to the North-
east corner of the NW' -4 of Section 9, Township 21 South, Range 10
East W. M.7 thence westerly along the northerly line of NWk of
Section 9 to the Northeast corner of Section 8, Township 21
South, Range 10 East W. M.7 thence westerly along the northerly
line of Section 8 to the Northwest corner of the NE,14 NW11 of
Section 87 thence southerly along the westerly boundary of the
NEk NW1-, and SE14 NW'-, of Section 8 to the Southwest corner of said
SE1-4 NW -14 of Section 87 thence easterly on the southerly line of
the SEk NWk and NE-, of Section 8 to the Northwest corner of the
SW' -4 of Section 9, Township 21 South, Range 10 East W. M.7 thence
southerly along the westerly line of said SWk to the Southwest
corner of said Section 9: thence easterly along the southerly
line of Section 9 and Section 10, Township 21 South, Range 10
East W. M. to the Southeast corner of the SWk of Section 10;
I
0090-0946
thence northerly along the easterly line of said SW,- to the
Northeast corner of said SWk7 thence easterly along the southerly
line of the SWk NE -14 of Section 10 to the Southeast corner of the
SW11 NE -,7 thence northerly along the easterly line of the SW-, NEk
to the Northeast corner of said SWk NE1-4 of Section 10 also being
a point on the southerly boundary of the Deschutes River Recrea-
tion Homesites Unit 6 Part 17 thence along the boundary of said
subdivision the following courses and distances7 North 00' 261
West 323.36 feetT North 880 521 East 339.29 Feet7 North 000 16'
West 325.73 feet7 North 880 291 East 340.24 feet7 North 000 07'
West 328.10 feet7 North 880 051 East 341.19 feet7 North 000 031
East 330.47 feet: North 870 411 East 342.13 feet to the Southwest
corner of Section 2, Township 21 South, Range 10 East W. M-7
thence continuing along said subdivision boundary North 010 07,
West 318.20 feet7 South 890 181 East 329.74 feet; North 010 051
West 638.06 feet7 North 890 27" West 330.12 feet7 North 01* 07"
West 1253.60 feet to the Northeast corner of said Deschutes River
Recreation Homesites Unit 6 Part 17 thence along the boundary of
the Deschutes River Recreation Homesites Unit 6, Part 2 the
following courses and distances7 North 010 071 West 19.22 feet7
North 890 491 East 330.85 feet7 North 010 051 West 319.03 feet;
North 890 411 East 331.03 feet7 North 010 021 West 640.57 feet7
North 890 201 East 331.43 feet7 North 010 001 West 642.65 feet7
North 880 581 East 331.83 feet7 North 000 581 West 1337.99 feet
to the northerly line of Section 21 Township 21 South, Range 10
East W. M.7 thence continuing North 000 581 West 50.00 feet to
the Northeast corner of Lot 75, Block 70 Deschutes Recreation
Homesites Unit 6 Part 27 thence along the northerly line of said
Lot 75 North 530 251 West 270.00 feet7 thence continuing on a
projection of said lot line North 530 251 West 60.00 feet more or
less to the thread of the Deschutes River7 thence northwesterly
along the thread of the Deschutes River to its intersection with
the westerly line of Section 35, Township 20 South, Range 10 East
W. M.7 thence southerly along the westerly line of said Section
35 880.00 feet more or less to the Northeast corner of Section 3,
Township 21 South, Range 10 East W. M. and the Point of
Beginning.
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0090-691S
EXHIBIT ffB"
NOTICE OF THE PROPOSED FORMATION OF
DESCHUTES RIVER RECREATION HOMESITES LIVESTOCK DISTRICT,
DESCHUTES COUNTY, OREGON
1. A public hearing regarding the proposed formation of
Deschutes River Recreation Homesites Livestock District will
be held on Wednesday, March 30, 1988, at 10:00 a.m. in the
Deschutes County Administration Building, 1130 N. W.
Harriman, Bend, Oregon.
2. The boundaries of the proposed district are described in
Exhibit ffAff, attached hereto and by this reference incorpor-
ated herein. All territory within the proposed boundary is
proposed to be included within the proposed district.
3. The proposed livestock district shall be referred to as the
Deschutes River Recreation Homesites Livestock District.
4. The purpose of the proposed livestock district is to make it
unlawful to permit horses, cattle, sheep and swine to run at
large within the district.
5. All interested persons may appear and present evidence
relating to the petition.
BY ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
MARY SUE PENHOLLOW
Deschutes County Clerk
To be Published in the ffBulletin": March 20 and 27, 1988.
4 - ORDER NO. 88-020