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2002-2-Order No. 2002-009 Recorded 1/4/2002REVIEWED LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS MARY SUE PENHOLLOW, COUNTY CLERK Q 7002.2 COMMISSIONERS JOURNAL 01/04/2002 02:59:34 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving a Petition for the Formation of the Spring River Special Road District, * ORDER NO. 2002-009 Establishing the Name and Boundaries of the Proposed District and Setting a Final Hearing Date WHEREAS, a petition proposing the formation of the Spring River Special Road District was duly filed with the Board of County Commissioners of Deschutes County, Oregon ("Board"); and, WHEREAS, an initial hearing on the proposed formation was duly noticed and held on January 3, 2002 for the Board 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, the affected area would be benefited by the formation of a Special Road District under ORS 371.305 to 371.360; 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 proposed district formation, the Board believes that the area would be benefited by the formation of a Special Road District under ORS 371.305 to 371.360; WHEREAS, the proposed Spring River Special Road District, if formed, will have a permanent rate limit for operating taxes of $0.94 per $1,000 assessed value that will raise an estimated $13,270 in operating funds for the District in the 2002-2003 fiscal year which will require an election on the question of formation and establishment of the permanent rate limit; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for the formation of the Spring River Special Road District be approved. Section 2. That the name of the proposed county service district shall be the Spring River Special Road District and the boundaries shall be as legally described in Exhibit "A" and depicted on the map Exhibit "B," both exhibits being attached hereto and by this reference incorporated herein. Section 3. That the proposed Spring River Special Road District, if formed, will have a permanent rate limit for operating taxes of $0.94 per $1,000 assessed value that will raise an estimated $13,270 in operating funds for the District in the 2002-2003 fiscal year. Section 4. That the Spring River Special District shall be authorized to construct, maintain and operate the service facilities set forth in ORS 371.305 to 371.360. Page 1 of 2 ORDER 2002-009 (01/03/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-009 Spring River Sp Rd Dist - set final hearing.doc Section 5. That the final hearing regarding formation of the service district shall be held at 10:00 a.m. on Wednesday, February 6, 2002 in the Deschutes County Administration Building Board Hearing Room, 1130 NW Harriman, Bend, Deschutes County, Oregon. Section 6. Notice of Hearing shall be given in substantially the form set forth in Exhibit "C," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on January 21 and 28, 2002, and posted on January 21, 2002, in three public locations within the county as follows: One notice shall be posted on or near the doors of the meeting room of the Board of County Commissioners; one notice upon any official bulletin board customarily used for the purpose of posting public notices within the county; and one notice shall be posted upon any official public bulletin board customarily used for the purpose of posting public notices within the proposed district. Notices posted shall be for not less than five (5) consecutive days. Section 7. That the proposed formation complies with the applicable land use criteria and the Board adopts as is its findings relating to that criteria Exhibit "D," attached hereto and incorporated herein by reference. Section 8. At the time of the final hearing, the Board will enter its final order directing the County Clerk to hold an election on the question of forming the proposed district and the establishment of a permanent tax rate limit. Dated this 3rd day of January, 2002 ATTEST(jk,,~ U,, Recording Secretary BOARD OF COUNTY C MMISSIONERS TOM DEW LF, CHAIR D IS R. LUKE, COMMISSIONER 4 MICHAEL M. DALY OMMISSIONER Page 2 of 2 ORDER 2002-009 (01/03/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-009 Spring River Sp Rd Dist - set final hearing.doc EXHIBIT A SPRING RIVER SPECIAL ROAD DISTRICT The following described parcels lying within Section 1 of Township 20 South, Range 10 East of the Willamette Meridian, Deschutes County, Oregon: All of the parcels lying within the Southeast of the Southwest % (SE SW '/4) of said Section 1, EXCEPTING THEREFROM Lot 1, Block 6 of the plat of "Spring River Acres No. 5" and lots 11 and 12, Block 5 of the plat of "Spring River Acres No. 3". All of the parcels lying within the Northwest of the Southeast'/ (NW'/ SE'/) of said Section 1. All of the parcels lying within the Southwest '/4 of the Southeast (SW '/4 SE '/4) of said Section 1, EXCEPTING THEREFROM Lot 5, Block 4 of the plat of "Spring River Acres No. 2". The parcel of land described in that deed recorded on May 28, 1982 in Volume 357 Page 590 of the Deed Records of Deschutes County, Oregon. The parcel of land described in that deed recorded on July 5, 1991 in Volume 239 Page 640 of the Official Records of Deschutes County, Oregon. Page 1 of 1 - Exhibit "A" to Order 2002-009 SALegal\Special Districts\Spring River Special Road Dist\Documents\District Legal Description [Final Hearing].doc Proposed Formation of Spring River Special Road District 11 D000550 uuur~u[ 0000561 D000503 D000100 0558 o ~_yK,y~ D00056 ~ "Sg D000984 0000583 0000501 0000521 I t CD01500111 -6-'* -°0050 Dun,-- M Qom,, C 1200 Po005p "KS7B D000575 CDO1600 CDO1300 0 D000520 CD01700 111 03 D000509 Q00~7 CDO12~ CD0 ~ 5 0 ~ 0 1 ~ ~ 0000539 CDO18D W CDO1100 CDOOa D000523 ` CDO190i D OOS?4 CD01000 CD00500 CD02800 CD02 i 7 CD02000 ~ SAO $ t ~ oo CDO29M ~ CD00800 d I ` m CD02100 $ a $ $ T ti o D00 1 CD02600 ` CDO0800 CDO0700 D02200 CD03000 O` v D000533 CD02300 CD02400 CD02500 8 0000532 CD03100 * o 00005 D00D631 r - D000588 D000582 D000565 DOW566 D000519 - D000567 -DOOD579 ~ DM577 ~ DOW574 i Sp0 0 500 Fed ( 1" = 500' KEY * Improved Lots Q LID Boundary Section 01, Township 20 South, Range 10 East, wm January 2, 2002 Tax lots included in LID All prefixes for affected taxlots are 201001, Existing County Road ie.. 201001 CD02500. DescaurlESCOM ItOIIDDB?PA1tSlIBR1' Center Line TMnbm«tl«m6M6mgwndvMdt«n°"d°."'°ro 619 DIVISION - River n.mnua, c«wY, ols. c«....nw,«n. «.+~a°ma nt4.EU<FI, P,dM,d„~r. Oe,tluY,G«eYT.~.enpan„ niRmd~q 16r ert«a, wri,i6n,. «pwiimd ec6unry F tlro dyihl !W«Pm,®.6P Amfifn ne«ts,clam m6l.maifinPmce,v+n AbmM.md«)}n9)vm. Thre,61 row«n)W,. ~.o « 611: J6,. f!d CL M. f/l8)rv 0 OtherTaxlots w~ Exhibit Exhibit C NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding the proposed formation of the Spring River Special Road District will. be held on Wednesday, February 6, 2002, at 10 a.m.. in the Board of County Commissioners' Hearing Room, 1130 NW Harriman Street, Bend, Oregon. The boundaries of the proposed district are as specified in Exhibit A, attached hereto and by this reference incorporated herein. The proposed formation shall be referred to as the "Spring River Special District." The purpose of the proposed district is to provide road improvement and. maintenance services for the inhabitants of the proposed district. The proposed Spring River Special Road District, if formed, will have a permanent rate limit for operating taxes of $0.94 per $1,000 assessed value which will raise an estimated $1.3,270 in operating funds for the District in the 2002- 2003 fiscal year. All interested persons may appear and be heard. Upon conclusion of this initial hearing, the Board will enter its order setting a final. hearing. 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 Bonnie Baker at 541-388-6572. For hearing impaired., call TDD 541-385-3203. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair To be published in The Bulletin: January 21 and 28, 2002 To be posted: January 21, 2002 PAGE 1 or r - Exilr_nn, C To ORDINANCE No. 2002-009 S `.LEGAL`SPECIAL DISTRICTS\SI'R[N-G RIVER -SPECIAL ROAD DIST`.Dcx.-umENTS'SPRING RIVER FINAL HEARING NOTICE.DOC I mrmms"'Q.. I ` YJ~ 117 NW Lafayette Avenue • Bend, Oregon. • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http://www.co.deschutes.or.us/cdd/ DATE: December 11, 2001 / 'N Community Development Department Planning Division • Building Safety Division • Environmental Health Division MEMORANDUM TO: Laurie Craghead, Assistant County Legal Counsel FROM: . Paul Blikstad, Associate Planner RE: Formation of Spring River Special Road District, Your file no. 16-413 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 and Services section of the County Comprehensive Plan, on page 159-160, 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. It is clear that roads are an important aspect of rural development, as evidenced by the lengthy chapter on transportation in the comprehensive plan. There are no specific policies in the transportation element of the plan dealing with special road districts. However, it is the planning division's belief that they are more effective than local improvement districts. Staff finds that the proposed formation of the Spring River Special Road District is consistent with the County Comprehensive Plan and Statewide Planning Goals. EXHIBIT D Quality Services Performed with Pride