1999-999-Order No. 99-150 Recorded 10/14/1999VOL: CJ1999 PAGE: 999
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-999 *Vol -Page Pfinted: 10/14/1999 13:32:45
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Oct. 14, 1999; 10:42 a.m.
Order (CJ)
NUMBER OF PAGES: 15
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KE UN HED
0 41999
C1/9�1-999 �viEweovJvi
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES LST
An Order Approving Seven Petitions for * 99 OCT 14 AM 10* 42
Withdrawal of Territory from Deschutes * MARY S U L F I N H O L L O W
County Special Road District No. 1 and Setting * COUNTY CLERK
a Final Hearing.
ORDER NO. 99-150
WHEREAS, seven individual petitions requesting the withdrawal of seven distinct territories
from Deschutes County Special Road District No. 1 (hereinafter referred to as "the District") were duly
filed with the Board of County Commissioners, as further set forth in the findings attached hereto; and
WHEREAS, the Deschutes County Clerk's Office has verified that each of the petitions were
signed by sufficient numbers of qualified petitioners; and
WHEREAS, the petitions were heard in a consolidated hearing process, on December 3, 1998,
December 7, 1998 and in a renoticed hearing on September 29, 1999, to hear testimony on the petitions
and any objections thereto, and to determine whether, in accordance with ORS 198.870(4), it has not
been, or is not nor would not be, feasible for properties in the affected area to receive service from the
district; and
WHEREAS, after consideration of all matters considered to be relevant to the petition, the
Board is of the opinion that it is not feasible now or in the future for the properties in the subject
territories to receive service from the District, as more fully set forth in the findings set forth herein;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the petitions for withdrawal from Deschutes County Special. Road District No.
1 described herein are hereby approved as to the property or properties described in each separate
petition, as set forth herein.
• McKenney Petition (Petition l.) as to Deschutes River Recreation Homesites Unit 9, Part 2,
a plat recorded in the deed records of Deschutes County in Plat Cabinet A, Page 119,
(referred to hereinafter as DRRH Unit 9, Part 2) Lots 48, 49, 50, 51 and 52, Block 4'1.
• Turney Petition (Petition 2) as to DRRH Unit 9, Part 2, Lot 40, Block 41.
• Schilstra Petition (Petition 3) as to DRRH Unit 9, Part 2 Lots 34 and 35, Block 41.
• Breitenstein Petition (Petition 4) as to DRRH Unit 9, Part 2, Lots 100 and 101, Block 53.
• Herrick Petition (Petition 5) as to DRRH Unit 9, Part 2, Lots 103, 104, 105, Block 53.
PAGE 1 - ORDER 99-150 (10-13-1.999)
• Garner/Van Wagner Petition (Petition 6) as to DRRH Unit 9, Part 2, Lots 1,2,3,4,5,6 and 7,
Block 61.
• Jaworski Petition (Petition 7) Deschutes River Recreation Homesites Unit 9, Part 1, a
subdivision plat recorded in the deed records of Deschutes County in Plat Cabinet A at Page
121, Lot 2, Block 53.
The boundaries of the withdrawal areas covered by this order are those described in the petitions
referenced herein and as depicted on the maps marked Exhibits 1 — 7 respectively, attached hereto and
by this reference incorporated herein.
Section 2. Findings. Findings supporting this order are as set forth in Exhibit 8, attached hereto
and by this reference incorporated herein.
Section 3. A final hearing regarding the proposed withdrawal shall be held on Wednesday,
November 3, 1999, at 10 a.m., in the Board of County Commissioners' Hearing Room, 1130 NW
Harriman Street, Bend, Oregon, at which time the Board will accept and consider any written requests
received or then presented to refer this matter to an election. Any registered elector in the district may
appear and present his or her written request for an election of the written requests of others for an
election.
Section 4. If at the conclusion of the final hearing, written requests for an election have not
been filed with the Board by at least 15% of the electors of the District or 100 electors, whichever is
fewer, as to any of the seven petitions, the Board will either enter a final order approving each such
petition for withdrawal. If sufficient written requests for an election are timely made as any of the seven
petitions, the Board will refer approval of each such withdrawal petition to an election by the electors
within the district.
Section 5. Notice of the final hearing, as shown in Exhibit 9, attached hereto and by this
reference incorporated herein, shall be published and posted in accordance with ORS 198.730. Notice
shall also be mailed via first class mail to the Deschutes County Special Road District No. 1 Board of
Commissioners.
DATED this 13th day of October, 1999.
ATTEST:
Recording Secretary
PacTF 2 - ORDER 99-150 (1.0-1.3-1999)
BOARD OF COUNTY CON IISSIONERS FOR
DENNIS R. LUKE, Commissioner
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EX T CrAwo,*, D
Exhibit 8 to Order 99-150
Findings on Special Road District No. 1 Withdrawals
In November 1999, seven separate petitions for withdrawal of territory from Deschutes County
Special Road District No. l (hereinafter referred to as "the District") were submitted for filing with
the County. Those petitions were as follows:
• McKenny Petition (Petition 1) as to Deschutes River Recreation Homesites Unit 9, Part 2,
a plat recorded in the deed records of Deschutes County in Plat Cabinet A, Page 119,
(referred to hereinafter as DRRH Unit 9, Part 2) :Lots 48, 49, 50, 51 and 52, Block 41.
• Turney "Petition (Petition 2) as to DRRH Unit 9, Part 2, Lot 40, Block 41.
• Schilstra Petition (Petition 3) as to DRRH Unit 9, Part 2 Lots 34 and 35, Block 41.
• Breitenstein Petition (Petition 4) as to :DRRH Unit 9, Part 2, Lots 100 and 101, :Block 53.
• Herrick Petition (Petition 5) as to DRRH Unit 9, Part 2, Lots 103, 104, 105, Block 53.
• Garner/Van Wagner Petition (Petition 6) as to DRRH Unit 9, Part 2, Lots 1,2,3,4,5,6 and 7,
Block 61.
• Jaworski Petition (Petition 7) Deschutes River Recreation Homesites Unit 9, Part 1, a
subdivision plat recorded in the deed records of Deschutes County in Plat Cabinet A at Page
121, Lot 2, Block 53.
2. The County Clerk and the County Assessor's offices verified that each of these petitions contained
sufficient signatures to allow acceptance of the petitions, and the petitions were accepted for filing.
3. A consolidated,public hearing was held on the seven petitions on December 2, 1999, before County
Commissioners Nancy Schlangen, Robert Nipper and Linda Swearingen. Testimony was taken from
both proponents and opponents of the petition requests. The hearing was continued until December
7, 1999, at which time it was determined that the petitioners and representatives of the District
would agree to suspend the hearing so that the parties could participate in mediation.
4. The mediation sessions did not produce any agreed-upon solution to the problem that the parties
were in a position to implement. Accordingly, the Petitioners requested that the Board of County
Commissioners resume the hearings. By this time, following the expiration of terms of two of the
Board that had sat through the December 3, 1999 hearing, the Board of County Commissioners had
two new members. The Board determined that it would reopen the record to allow for presentation
of any evidence that the parties wished to present.
5. The resumed hearing was noticed for September 29, 1999. The hearing was again consolidated to
hear all seven petitions at once. At that time, the Board heard testimony from persons representing
the various Petitioners and from a representative of the District. Additional letters were received
from persons making
6. The consolidated record on the proceedings on the subject withdrawal petitions is contained in a
blue notebook labeled "Special Road District No. 1, Withdrawal Hearing Record," all of the
contents of which was before the Board of County Commissioners. The contents of that record are
set forth in the Exhibit 8-A, attached hereto.
7. In order to be approved, the petitions must meet two standards: (1) Approval of territory must not
affect the contiguity requirement set forth in ORS 371.305; and (2) petitioners must demonstrate
that it has not been, or is not or would not be feasible for the properties described in the petitions to
receive service from the district.
8. Approval of the seven petitions will not cause the district to lose the contiguity required under ORS
371.305. Each of the seven petitions describes properties that are located on the perimeter of the
district. Therefore withdrawal of the subject properties will not affect the contiguity of the remaining
properties within the district.
9. It is not currently feasible nor will it be feasible under current circumstances for any of the
properties listed in the seven petitions to receive service from the District. As a result of a local
improvement district formed in 1985, several of the public roads lying within the boundaries of the
:District were improved and then as a consequence accepted into the County road system. Each of
the properties described within the seven petitions fronts on roads that were so improved and
accepted by the County into the County road system. The County is responsible for maintaining
these roads and pays for such maintenance out of the County's road budget. The District is not
authorized to work on the subject roads or within the subject road right-of-way without gaining
permission from the County Road Department. The District plows these roads under contract with
the County, but the County pays the District's full cost for such activities. The plowing work done
by the District does not constitute the District providing a service to the subject properties, but
represents service provided by the County using the District as a contractor. Requests by some of
the Petitioners to provide service in the right-of-way have gone unanswered. For all these reasons,
the Board determines that it is not feasible for the subject properties to receive service from the
District.
Exhibit A
Contents of Record
1. Withdrawal petition of James McKenny.
2. Withdrawal petition of John Turney.
3. Withdrawal petition of John Schilstra.
4. Withdrawal petition of Zola Breitenstein.
5. Withdrawal petition of Michael Herrick.
6. Withdrawal petition of Tereas Garner and Nick Van Wagner.
7. Withdrawal petition of Allen Jaworski.
8. Withdrawal criteria from statute.
9. November 16, 1998 memo to Assessor's office re signature verification.
10. November 17, 1.999 memo from Assessor's office verifying signatures.
11. Agenda request for December 2, 1998 hearing.
12. Notice of December 2, 1998 hearing.
13. Transmittal letter to Bulletin for December 2, 1998 public hearing notice.
14. November 13, 1998 notice letter to James McKenney.
15. Affidavit of Posting of James McKenney.
16. Affidavit of :Posting of Anita Mutchie.
17. November 19, 1998 Affidavit of Publication.
18. Minutes of December 2, 1998 Board of County Commissioners meeting.
19. December 1, 1998 letter of Andrew Jordan (faxed copy).
20. December 1, 1998 letter of Andrew Jordan (signed copy).
21. December 29, 1998, Community Dispute Resolution Program memo.
22. February 5, 1999, Community Dispute Resolution Program memo.
23. February 16, 1999, Community Dispute Resolution Program memo.
24. February 11, 1999, Mediation Agreement,
25. February 25, 1999 Special Road District questionnaire.
26. March 1.5, 1999, Special Road District #1 vote tally.
27. Notice of Public Hearing for September 29, 1999.
28. September 3, 1.999, notice letter to James McKenney.
29. September 3, 1999, transmittal letter to Bulletin for September 29, 1999 public hearing notice.
30. September 9, 1999, Affidavit of Posting by James McKenney.
31. September 13, 1999, Affidavit of Posting by Vickie Bransky.
32. September 23, 1999, Affidavit of Publication.
33. June 16, 1999, agenda request re discussion of resumption of hearing process.
34. Excerpt of minutes from June 1.3, 1999, Board of County Commissioners meeting.
35. September 2, 1999, agenda request for September 29, 1999 hearing.
36. Minutes of September 29, 1999 hearing (not yet completed as of the date of Order 99-150).
37. March 15, 1999, letter of Mary and Robert Frame.
38. August 23, 1999, letter of Lauris Rodier (with attachments)
39. September 15, 1999, letter of Bill Gaetano.
40. Letter received September 24, 1999, from Conrad Ruel.
41. May 31, 1995 memo from Bruce White.
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A final public hearing regarding seven (7) separate petitions to withdraw properties from
Deschutes County Special Road District No. 1 will be held on Wednesday, November 3,
1999, at 10 a.m. in the Deschutes County Board of County Commissioners' Hearing Room,
1130 NW Harriman Street, Bend, Oregon, at which time the Deschutes County Board of
County Commissioners (Board) will consider any written requests received or then
presented to refer any or all of the seven withdrawal petitions to an election. A list of each
separate petition and the properties covered by each petition is attached as Exhibit A hereto
and by this reference incorporated herein.
Requests to refer approval of any or each of the withdrawal petitions to an election by
electors of the district shall be made in writing and shall be signed by the elector. Such
written requests may be submitted by mail, addressed to the Board of County
Commissioners, 1130 NW Harriman St., Bend, OR 97701, or may be presented in person to
the Board of County Commissioners at that address at or before the final hearing. No
request for an election will be accepted after the close of the final hearing on November 3,
1999.
If at the conclusion of the final hearing, written requests for an election have not been filed
with the Board by at least 15% of the electors of the District or 100 electors, whichever is
fewer, as to any of the seven petitions, the Board will enter a final order approving each
such petition for withdrawal. If sufficient written requests for an election are timely filed
with the Board as to any of the seven petitions, the Board will refer approval of each such
petition to an election by the electors of the district. Written requests for an election are
subject to verification by the County Clerk.
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 or for more information, please contact Bonnie Baker at .541-388-6572. For
hearing impaired, call TDD 541-385-3203.
To be published in The Bulletin:
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Chair
October 17 and October 28, 1999
To be posted: October 18, 1999
Exhibit A
Special Road District No.1 Withdrawal Petitions
And Properties Proposed to be Withdrawn
• McKenney Petition (Petition 1) as to Deschutes River Recreation Homesites Unit 9, Part 2, a
plat recorded in the deed records of Deschutes County in Plat Cabinet A, :Page 1 l9, (referred
to hereinafter as "DRRH Unit 9, Part 2") Lots 48, 49, 50, 51 and 52, Block 41.
• Turney Petition (Petition 2) as to DRRH Unit 9, Part 2, Lot 40, Block 41.
• Schilstra Petition (Petition 3) as to DRRH Unit 9, Part 2 Lots 34 and 35, Block 41.
• Breitenstein Petition (Petition 4) as to DRRH Unit 9, Part 2, Lots 100 and 101, Block 53.
• Herrick Petition (Petition 5) as to DRRH Unit 9, Part 2, Lots 103, 104, 105, Block 53.
• GarnerNan Wagner Petition (Petition 6) as to DRRH Unit 9, Part 2, Lots 1,2,3,4,5,6 and 7,
Block 61.
• Jaworski Petition (Petition 7) Deschutes River Recreation Homesites Unit 9, Part 1, a
subdivision plat recorded in the deed records of Deschutes County in Plat Cabinet A at Page
121, Lot 2, Block 53.