1999-53-Order No. 99-003 Recorded 1/29/1999VOL: CJ1999 PAGE: 53
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Jan. 29, 1999; 10:37 a.m.
Order (CJ)
MARY SUE PENHOLLOW MICRo��,'
DESCHUTES COUNTY CLERK FEB 17 199►
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*01999-53 *Vol -Page 02/10/1999 15:42:35
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Request for the Withdrawal of Territory 99 JAN 29 AM 10: 37
From Unit 6 Special Road District and Annexation to the Beaver * MARY SUE PE:tri{OLIOW
Special Road District (DRRH/ Beaver Withdrawal/ Annexation), * COUNTY CLERK
and Notice of Final Hearing.
ORDER NO. 99-003
WHEREAS, pursuant to ORS 198.850(3) a petition signed by the electors within the district from which
territory is to be withdrawn requesting the withdrawal of territory (described in Exhibit 1 attached hereto and by
this reference incorporated herein and hereafter referred to as "withdrawn territory") from the Unit 6 Special
Road District (hereafter referred to as the "Unit 6 District") and supporting the related resolution of the Beaver
Special Road District (hereafter referred to as the "Beaver District") requesting annexation of the withdrawn
territory was duly filed with the Board of County Commissioners; and
WHEREAS, pursuant to ORS 198.850(3) a resolution signed on September 15, 1998, by the Beaver
District Board of Directors requesting the annexation of the withdrawn territory and certain additional
contiguous territory into the Beaver District (described in Exhibit 2 attached hereto and by this reference
incorporated herein and hereafter referred to as "annexed territory"), was duly filed with the Board of County
Commissioners; and
WHEREAS, by letter dated May 28, 1998, to the Beaver Special Road District, the US Forest Service, as
owner of a portion of the annexed territory, consented to the annexation of territory described as S1/2 NW 1/4 NE
'/4 and SW'/4 NE'/4 of Sec. 35, T. 20S. R10E into the Beaver Road District; and
WHEREAS, a consolidated public hearing was held on January 6, 1999, and January 27, 1999, regarding
these requests and to hear 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, (1) the withdrawn territory could be served by the Unit 6 District and (2) whether the
annexed territory could be benefited by inclusion of the annexed territory into the Beaver District; and
WHEREAS, after consideration of economic, demographic and sociological trends and projections
pertinent to the proposal, 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
finds that:
a) The removal of the withdrawn territory from the Unit 6 District and the concurrent annexation of
such territory into the Beaver District would result in the more efficient delivery of road
maintenance services for the withdrawn territory;
b) The annexed territory would be benefited to the extent allowed by law by inclusion of it in the
Beaver District; and
c) The combined withdrawal/annexation would not result in there being any noncontiguous territories
in either the Unit 6 or the Beaver Districts; now, therefore,
PAGE 1 - ORDER No. 99-003 (1-27-1999)
0
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS
as follows:
Section 1. That the request for withdrawal of territory, as described in Exhibit 1, and the boundaries of
the proposed withdrawal from the Unit 6 Special Road District are hereby approved.
Section 2. That the request for annexation of territory, as described in Exhibit 2, and the boundaries of
the proposed annexation into the Beaver Special Road District are hereby approved.
Section 3. This withdrawal and annexation shall be known as the "DRRH/Beaver
Withdrawal/Annexation."
Section 4. That the applicable land use criteria pertinent to the proposed withdrawal and annexation, 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 3, attached hereto and by this reference
incorporated herein.
Section 5. That a final hearing regarding the DRRHBeaver Withdrawal/Annexation shall be held on
Monday, February 22, 1999, at 10 a.m. in the Board of County Commissioners' Hearing Room, 1130 NW
Harriman Street, Bend, Oregon, at which time all interested persons may appear and be heard.
Section 6. That upon conclusion of the final hearing, the Board will enter its final order for withdrawal
from the Unit 6 Special Road District and the annexation to the Beaver Special Road 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 percent of the registered voters, or 100 registered voters, whichever is the lesser number.
Section 7. That the Board's final order be effective as of March 1, 1999, unless an election is required.
Section 8. That notice of this Order, as shown in Exhibit 4, attached hereto and by this reference
incorporated herein, shall be published and posted in accordance with ORS 198.730.
DATED this 27th day of January, 1999.
BOARD OF COUNTY COMMISSIONERS FOR
`>1 1 L T:
Recording Secretary
PAGE 2 - ORDER NO. 99-003 (1-27-1999)
DESCHUTES COUNTY, OREGON
LINDA L. S WEARINGEV, Chair
Commissioner
EXHIBIT 1
DESCRIPTION SHEET
Area to be withdrawn from Unit 6 Special Road District
A portion of Section 35, Township 20 South, Range 10 East, of the Willamette
Meridian, Deschutes County, Oregon, described as follows:
Section 35: West Half of the Northeast Quarter of the Northeast Quarter (W %,
NE '/4, NE '/4); North Half of the North Half of the Northwest Quarter of the
Northeast Quarter (N %Z, N '/z, NW '/4, NE '/4).
EXHIBIT 2
DESCRIPTION SHEET
Area to be annexed to Beaver Special Road District
A portion of Section 35, Township 20 South, Range 10 East, of the Willamette
Meridian, Deschutes County, Oregon, described as follows:
Section 35: West Half of the Northeast Quarter of the Northeast Quarter (W %,
NE '/4, NE '/4); Northwest Quarter of the Northeast Quarter (NW '/4, NE '/4);
Southwest Quarter of the Northeast Quarter (SW '/4, NE 1/4).
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1`J -c E s c0
DATE: January 5, 1999
EXHIBIT 3
Community Development Department
117 NW Lafayette Avenue • Bend, Oregon - 97701-1925
(541) 3BB-6575
FAX 385-1764
MEMORANDUM
Planning Division
Building Safety Division
Environmental Health Division
TO: Beverly Wilson, Legal Assistant
FROM: Paul Blikstad, Associate Planner
RE: Annexation to Beaver Special Road District, with associated withdrawal
from Unit 6 Special Road District, File No. 16-491
The Deschutes County Comprehensive Plan, which is acknowledged to be in
compliance with the Statewide Planning Goals, encourages the formation of special
service districts to serve rural needs.
Under the Public Facilities section of the County Comprehensive Plan, on page 97,
General Policies, is the following policy:
5. Deschutes County shall encourage the formation of special service
districts to serve rural needs rather than becoming involved with
serving those needs. The County will foster coordination and
mutual planning between the County, special districts, utility
companies and service corporations. This shall include common
trenching where appropriate.
Road Districts are an important aspect of rural development. Many lots and parcels
have been created in Deschutes County, prior to Statewide Zoning Regulations, without
benefit of having improved and maintained roads. These road districts promote both
better roads and maintenance of those roads. Staff finds that the proposed annexation
to the Beaver Special Road District is consistent with the County Comprehensive Plan
and Statewide Planning Goals.
Quality Services Performed with Pride
EXI IIBIT 4
NOTICE OF FINAL PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding the proposed withdrawal of territory from Unit 6
Special Road District and annexation of said territory into Beaver Special Road
District will be held on Monday, February 22, 1999, at 10 a.m. in the Board of
County Commissioners' Hearing Room, 1130 NW Harriman Street, Bend,
Oregon.
The boundaries of the territory proposed to be withdrawn from Unit 6 Special
Road District and annexed into Beaver Special Road District are as specified in
Exhibit A and B, respectively, attached hereto and by this reference incorporated
herein.
The proposed withdrawal/annexation shall be referred to as the "DRRH
Withdrawal/Annexation."
The purpose of the proposed withdrawal and annexation is to better provide road
maintenance services for the inhabitants of the territory proposed to be
withdrawn/annexed.
All interested persons may appear and be heard. Upon conclusion of the final
hearing, the Board will enter its final order annexing the subject territory
to/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 voters, whichever is the lesser number.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with 48 hours notice.
Materials in alternate formats may be made available with 48 hours notice. To
arrange for these services, please contact Anita Mutchie at 541-388-6572. For
hearing impaired, call TDD 541-385-3203.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Chair
To be published in The Bulletin: February 8 and 15, 1999
To be posted no later than: February 8, 1999
EXHIBIT A
DESCRIPTION SHEET
Area to be withdrawn from Unit 6 Special Road District
A portion of Section 35, Township 20 South, Range 10 East, of the Willamette
Meridian, Deschutes County, Oregon, described as follows:
Section 35: West Half of the Northeast Quarter of the Northeast Quarter (W ''/2,
NE 1/4, NE 1/4); North Half of the North Half of the Northwest Quarter of the
Northeast Quarter (N'/z, N %2, NW %a, NE'/a).
DESCRIPTION SHEET
Area to be annexed to Beaver Special Road District
A portion of Section 35, Township 20 South, Range 10 East, of the Willamette
Meridian, Deschutes County, Oregon, described as follows:
Section 35: West Half of the Northeast Quarter of the Northeast Quarter (W ''/s,
NE '/4, NE '/a); Northwest Quarter of the Northeast Quarter (NW '/a, NE '/a);
Southwest Quarter of the Northeast Quarter (SW '/e, NE '/4).
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