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1999-1098-Order No. 99-174 Recorded 12/9/1999VOL: CJ1999 PAGE: 1098 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *01999-1098 * Vol -Page Printed: 12/10/1999 09:56:49 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: Dec. 9, 1999; 4:35 p.m. Order (CJ) NUMBER OF PAGES: 7 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK REVIEWED W a) LEGAL COUNSEL BEFORE THE BOARD OF COUNTY CONMSSIONERS OF DESCHUTFSAMi Y► A)W C00TY CLERK An Order Approving the Formation of Sun Mountain Ranches Special Road District and Ordering an Election. ORDER NO. 99-174 WHEREAS, a petition proposing the formation of Sun Mountain Ranches Special Road District and an initial tax base was duly filed with the Board of County Commissioners of Deschutes County, Oregon; and WHEREAS, a public hearing was held on the petition on December 8, 1999, 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 the formation of a Special Road 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 is of the opinion that the area would be benefited by the formation of a Special Road District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for formation of Sun Mountain Ranches Special Road District is hereby approved. Section 2. That the boundaries of the territory to be included in the district are as set forth in the legal description and as depicted in the map attached hereto as Exhibits "1" and "2" respectively, and by this reference incorporated herein. Section 3. That the applicable land use criteria pertinent to the proposed district, 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 4. That in the event the Board of Commissioners chooses to implement SB 1128, the initial board will be appointed by the Board of County Commissioners and shall not be elected. Page 1 of B ORDER NO. 99-174 (12/8/1999) Section 5. That a Notice of Measure election and a voter's pamphlet statement be filed with the Deschutes County Clerk no later than March 16, 2000 for placement of the question of special district formation and initial tax base, as proposed, on the May 2000 ballot for a vote by the electors of the proposed district. Section 6. That notice of election on the question of District formation and initial tax base be published as provided in ORS 255.085 and by an additional notice as provided in ORS 198.815. DATED this 8th day of December, 1999. ATTEST: Q Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHYTES COUNTY, j9REGON r L. TOM DeW F, Commissioner"" f.. NNIS R. LUKE, Commissioner Page 2 of 2 B ORDER NO. 99-174 (12/8/1999) The proposed Sun Mountain Special Road District is situated within Sections 28 and 33 of Township 15 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon as depicted on Tax Assessor Plats 151133C, 151133B and 151128. The boundary description of the proposed district is as follows: Beginning at the SW corner of lot 5, block 4, Sun Mountain Ranches CS09952. The initial point as well as the point of beginning for Special Road District, thence S65°59' 04"E across Central Street a total distance of 962.27 feet to an angle point corner of lot 7, block 7, thence S89041'52"E 382.20 feet to SE corner of lot 7, block 7. Thence N0009'20"W 2,300.33 feet along the East boundary of lots 1 through 7, block 7, and lots 3 through 8, block 8, to the NE corner of lot 3, block 8. Thence 30 feet across East Street to the SW corner of Deed OR 141 page 55. Thence S89°4429"E 1,275.66 feet to the SE corner of said parcel. Thence NO° 14'07"E 662.67 feet to the NE corner of lot 4, block 2, Sun Mountain Ranches First Addition CS09953. Thence N89°49'39"W 1,274.41 feet to the NW corner of lot 5, block 2. Thence N0009'20"W 669.24 feet to the SW corner of lot 8, block 2. Thence N89041'47"E 1,273.41 feet to the SE corner of lot 1, block 2. Thence NO°14'13"W 676.38 feet to the NE corner of lot 4, block 1. Thence S89°32'15"W 1,272.31 feet to the NW corner of lot 5, block 1. Thence NO°09'20"W 675.04 feet to the SW corner of lot 8, block 1. Thence N89012'32"E 1,270.73 feet to the SE corner of lot 1, block 1. Thence NO° 14113 "W 298.19 feet to the NE corner of lot 1, block 1. Thence N21 ° 10'58"W 40 feet across Fourth venue to the SE corner of parcel 3 of Deed OR 368 page 458. Thence N21° 10'58"W 593.40 feet to the NE corner of parcel 3, thence due West 363.25 feet to the NW corner of parcel 3, thence N0007'45"E 96.79 feet to the NE corner of parcel 2 of Deed OR 225 page 544. Thence S89014'50"W 657.33 feet to the NW corner of parcel 2. Thence NO°01'47"W 629.22 feet to the NE corner of Deed OR 105 page 1828. Thence S89°28'31 "W 659.43 feet to the NW corner of said parcel. Thence SO° 15'00"E 788.09 feet to the NE corner of parcel l of Deed OR 396 page 972. Thence N64033'07"W 729.80 feet to the NW corner of parcel 1. Thence S0025'41"E 822.58 feet to SW corner of said parcel. Thence 30 feet across Fourth Avenue to the NW corner of lot 1, block 1 of Sun Mountain Ranches CS09952. Thence SO°03' 18"E 4,881.93 feet along the West boundary of lots 1 through 8 of block 1, lots 1 through 8 of block 2, lots 1 through 8 of block 2, lots 1 through 8 of block 3, and lots 1 through 5 of block 4 to the SW corner of lot 5, block 4, the point of beginning. Page 6 or 6 Patti«"Issv" Exhibit. j - page I Sur, Mountain 6pectat Koac' I)istri( CA -SCA E EST 'TES D R� T1 T Plat 151128 OR 105 pg 1M OR 225 OR OR 396 368 pg 972 "M&*xmWsn9aWsmww"dwWhmd0dddsb" ion am% tie OMNI e«plRnrrle4RllRriNMe►enelyer IMM RTI. 'T g 544 45 ..................................... .... Taxj I at vv 15 Z3 --3B. _ .. ��^� S,� P' -3RD, Aft. v ND AV OR 141 pc I Ta Plat .151 33C L. Lot 7 PLAINVIEM 0 400 800 Feet I Inch w 600 Feet N W E % Section line MCHUres COUNT Created. ROAD IMPARTMEW Parcel Une September 7. IM GIs D1*51ON Spec. Road District MIR 0 IIew =- elMw eMata%amvk%*oaddepNdWalml*Msur"y Exhibit -V— Page I 11 $1 NW Nf 999 11 s —n ••s Exhibit vg - Page'a tc It q do" NO �L m M M Exhibit dL— Page 9 N A. 9-9661'ON1V'ld NOIII.Luvd- m N Exhibit a• - Page 4