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1989-10661-Order No. 89-019 Recorded 5/4/1989R E V i'� %-�db 89-10661 ORDER NO. 89-019 WHEREAS, a petition requesting formation of a special dis- trict to be known as "McArdle Road Special Road Districtff was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on March 31, 1989, and WHEREAS, a public hearing was held on Wednesday, May 3, 1989, 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 McArdle Road Special Road District be approved. Section 2. That the boundaries of said district are as follows: A parcel of land situated in a portion of the West one- half of Section 17 and a portion of the East one-half of Section 18 in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Beginning at the Center one-quarter corner of said Section 17; thence along the North line of the El/2 NE1/4 SW1/4 of said Section S 89*34133m West 665.45 feet to the Northwest corner of said E1/2 NE1/4 SW1/4; thence along the West line of the E1/2 NE1/4 SW1/4 S 00*32158" West 1307.18 feet to the Southwest corner of KEY�VHIC 40- ORDER NO. 89-019 I U, 'Ex. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CM An Order Approving Formation of McArdle Road Special Road District, and Providing For Notice of Final Hearing. ORDER NO. 89-019 WHEREAS, a petition requesting formation of a special dis- trict to be known as "McArdle Road Special Road Districtff was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on March 31, 1989, and WHEREAS, a public hearing was held on Wednesday, May 3, 1989, 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 McArdle Road Special Road District be approved. Section 2. That the boundaries of said district are as follows: A parcel of land situated in a portion of the West one- half of Section 17 and a portion of the East one-half of Section 18 in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Beginning at the Center one-quarter corner of said Section 17; thence along the North line of the El/2 NE1/4 SW1/4 of said Section S 89*34133m West 665.45 feet to the Northwest corner of said E1/2 NE1/4 SW1/4; thence along the West line of the E1/2 NE1/4 SW1/4 S 00*32158" West 1307.18 feet to the Southwest corner of KEY�VHIC 40- ORDER NO. 89-019 0095 1361 the E1/2 NE1/4 SW1/4 of said Section 17; thence along the South line of the W1/2 NE1/4 SW1/4 and the South line of the NW1/4 SW1/4 S 89*101540 West 1995.40 feet to the Southeast corner of the NE1/4 SE1/4 of Section 18; thence along the South line of said NE1/4 SE1/4 S 89-48108- West 1323.92 feet to the Southwest corner of said NE1/4 SE1/4; thence along the West line of the NE1/4 SE1/4 N 00*301540 East 1291.09 feet to a point 30 feet Southerly of the Northwest corner of the NE1/4 SE1/4 of said Section 18; thence S 89* * 50115ff West 80.00 feet; thence along a line parallel and 80 feet Westerly of the West line of the SE1/4 NE1/4 N 00030142ff East 1356.33 feet to a point 80.00 feet Westerly of the Northwest corner of the SE1/4 NE1/4; thence N 010391190 East 997.45 feet; thence along the arc of a 925.00 foot radius curve to the right a distance of 161.45 feet, the chord of which bears N 06*391420 East 161.45 feet; thence N 11040106" East 169.98 feet to the Northerly line of said Section 18; thence along said North line S 89o48135N East 1333.86 feet to the Northeast corner of said Section 18; thence along the East line of Section 18 S 00*29136ff West 1320.91 feet to the Northwest corner of the SW1/4 NW1/4 of Section 17, Township 18 South, Range 13 East of the Willamette Meridian; thence along the North line of said SW1/4 NW1/4 N 89036105ff East 1331.76 feet to the Northeast corner of the SW1/4 NW1/4; thence along the East line of the SW1/4 NW1/4 S 00*311510 West 1228.28 feet more or less to the Northerly right of way of a 50 foot road easement; thence along the Northerly line of said right of way S 88036157m East 1330.90 feet to a point 50.00 feet Northerly of the Center one-quarter corner of Section 17, Township 18 South, Range 13 East of the Willamette Meridian; thence S 000341050 West 50.00 feet to the point of beginning. 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 "Am, attached hereto and by this reference incorporated herein. Section 4. That the district formed hereby shall be known as McArdle Road Special Road District. Section 5. That a final hearing regarding formation of the District shall be held on Wednesday, May 24, 1989, at 10:00 a.m., in the Deschutes County Administration Building, Bend, Oregon. Section 6. All interested persons may appear and be heard. 2 - ORDER NO. 89-019 0095 1362 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 NBff, attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this A-Ife16 day of May, 1989. BOARD OF COUNTY COMMISSIONERS OF j1ESCHWES COUN", OREGON IS,Z4STOW PRANTE, ATTEST: issioner TOM T 001P Co J�nl 7,�' 1 'Oe -e -- Recording Secretary DTCK MMJDL1S,'(7!'n'mnissioner 3 - ORDER NO. 89-019 0095 1363 EXHIBIT NA" 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. EXHIBIT "Am 0095 1364 NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding the formation of McArdle Road Special Road District will be held on Wednesday, May 24, 1989, at 10:00 a.m. in the Deschutes County Administration Building, Bend, Oregon. 2. The boundaries of the proposed District are described as follows: A parcel of land situated in a portion of the West one- half of Section 17 and a portion of the East one-half of Section 18 in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Beginning at the Center one-quarter corner of said Section 17; thence along the North line of the E1/2 NE1/4 SW1/4 of said Section S 890341330 West 665.45 feet to the Northwest corner of said El/2 NE1/4 SW1/4; thence along the West line of the El/2 NE1/4 SW1/4 S 00*32158ff West 1307.18 feet to the Southwest corner of the E1/2 NE1/4 SW1/4 of said Section 17; thence along the South line of the W1/2 NE1/4 SW1/4 and the South line of the NW1/4 SW1/4 S 89*101540 West 1995.40 feet to the Southeast corner of the NE1/4 SE1/4 of Section 18; thence along the South line of said NE1/4 SE1/4 S 89*48108N West 1323.92 feet to the Southwest corner of said NE1/4 SE1/4; thence along the West line of the NE1/4 SE1/4 N 00*301540 East 1291.09 feet to a point 30 feet Southerly of the Northwest corner of the NE1/4 SE1/4 of said Section 18; thence S 89050115N West 80.00 feet; thence along a line parallel and 80 feet Westerly of the West line of the SE1/4 NE1/4 N 00*30142m East 1356.33 feet to a point 80.00 feet Westerly of the Northwest corner of the SE1/4 NE1/4; thence N 010391190 East 997.45 feet; thence along the arc of a 925.00 foot radius curve to the right a distance of 161.45 feet, the chord of which bears N 060391420 East 161.45 feet; thence N 110401060 East 169.98 feet to the Northerly line of said Section 18; thence along said North line S 890481350 East 1333.86 feet to the Northeast corner of said Section 18; thence along the East line of Section 18 S 00*291360 West 1320.91 feet to the Northwest corner of the SW1/4 NW1/4 of Section 17, Township 18 South, Range 13 East of the Willamette Meridian; thence along the North line of said SW1/4 NW1/4 N 890361050 East 1331.76 feet to the Northeast corner of the SW1/4 NW1/4; thence along the East line of the SW1/4 NW1/4 S 00*31151m West 1228.28 EXHIBIT "B" 0095 1365 feet more or less to the Northerly right of way of a 50 foot road easement; thence along the Northerly line of said right of way S 88036157N East 1330.90 feet to a point 50.00 feet Northerly of the Center one-quarter corner of Section 17, Township 18 South, Range 13 East of the Willamette Meridian; thence S 00*34105m West 50.00 feet to the point of beginning. 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 64 'L is BRISTOW PRANTE, Chair To be published in "The Bulletin": May 8 and 18, 1989. To be posted: May 8, 1989.