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2002-103-Order No. 2002-025 Recorded 2/8/2002REVIEWED DCOUNTY OFFICIAL ESCHUTES RPENHOLLOW, COUNTY CLERK Cl- COMMISSIONERS' JOURNAL 02/08/2002 01;53;01 PM LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Forming the Spring River Special Road District, Establishing the Name and Ordering that * ORDER NO. 2002-025 a Measure to Form the District and Authorize a Permanent Rate Limit for Operating Taxes be Placed on the May 21, 2002 Primary election Ballot WHEREAS, pursuant to ORS 198.810 (1), the Board of County Commissioners of Deschutes County, Oregon (Board") approved the formation of the Spring River Special Road District ("District") on January 3, 2002; and, WHEREAS, the Board held a duly noticed final hearing on February 6, 2002 regarding the formation of the District; and, WHEREAS, upon preliminary review, the Oregon Department Revenue Cartographic Unit rejected the original legal description and boundary map submitted but has preliminarily approved the legal description and map sections attached respectively as Exhibit "A" and Exhibit `B" and incorporated by reference herein; and, WHEREAS, the District Board of Commissioners shall be appointed by the Board if the District formation and permanent rate limit is approved by the qualified electors in the proposed district; and, WHEREAS, ORS 198.810 (3)(a) requires an election be held on the question of forming the District and setting a permanent rate limit and the May 21, 2002, primary election is the first available election; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Spring River Special Road District is hereby declared to be formed. Section 2. The name of the 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. The Spring River Special Road District 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. The Spring River Special Road 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 2002-025 (02/06/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-025 Spring River Sp Rd Dist [setting election].doc Section 5. The Spring River Special Road District Board of Commissioners shall be appointed by the Board of County Commissioners. Section 6. In accordance with ORS 198.810 (3)(a), the issue of forming the Spring River Special Road District and authorizing the permanent rate limit for operating taxes shall be referred to the qualified electors of Deschutes County at the May 21, 2002, primary election for approval or rejection. Section 7. The Notice of County Measure Election shall be submitted to the Deschutes County Clerk no later than March 12, 2002. Section 8. Notice of the election on the question of District formation and permanent rate limit be published as required by ORS 255.086 and by an additional notice as required by ORS 198.815. Section 9. The Deschutes County Clerk is hereby directed to place this matter on the May 21, 2002, primary election ballot. Dated this 6th day of February, 2002 AT ST: r Recording Secretary BOARD OF COUNTY COMMISSI NERS E., TOM DEWO , CHAIR DENNIS R. LUKE, COMMISSIONER MICHAEL M. DALY/COMMISSIONER Page 2 of 2 ORDER 2002-025 (02/06/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-025 Spring River Sp Rd Dist [setting election].doc EXHIBIT A SPRING RIVER SPECIAL ROAD DISTRICT LEGAL DESCRIPTION A parcel of land located in the South half (S %) of Section 1 and in the Northeast quarter of the Northwest quarter (NE '/4 NW '/4) of Section 12, all in Township 20 South, Range 10 East of the Willamette Meridian, Deschutes County, Oregon and being more particularly described as follows: Beginning at the Southeast corner of Lot 4, Block 4 of the plat of Spring River Acres Unit 2; thence S89046'30"W 1072.53 feet more or less along the northerly right-of-way line of Spring River Road to the southeast corner of Lot 11, Block 5 of the plat of Spring River Acres Unit 3, thence leaving said right-of-way line N38°17'W 284.47 feet more or less to the northeasterly corner of said Lot 11; thence S65043'45"W 70 feet more or less to the northwesterly corner of said Lot 11; thence N76033'45"W 70 feet more or less to the northwest corner of Lot 12 of said Block 5; thence along the easterly line of Lot 1 Block 6 of the plat of Spring River Acres Unit No. 5 S1 3045'38"W 46.24 feet more or less to the intersection of said line with the southwesterly line of the Common Easement of said Unit No. 5 plat; thence leaving said easterly line and along said Common Easement line N45°59'40"W 75.60 feet more or less to the westerly line of said Lot 1; thence along said westerly line S54°52'39"W 394.41 feet more or less to the northerly right-of-way line of Spring River Road; thence westerly along said right-of-way line 618 feet more or less to the southwest corner of Lot 3, Block 4 of the plat of First Addition to Valley Ridge Acres; thence leaving said right-of-way line and along the west line of said First Addition plat N00°18"W 1350 feet more or less to the northwest corner of Lot 11, Block 4 of said First Addition plat; thence easterly along the north line of said First Addition plat 1320 feet more or less to the southwest corner of the northwest quarter of the southeast quarter (NW '/4 SE '/4) of said section 1; thence northerly 1320 feet more or less to the northwest corner of the Northwest quarter of the Southeast quarter (NW '/4 SE'/4) of said Section 1; thence easterly 1320 feet more or less to the northeast corner of the Northwest quarter of the Southeast quarter (NW '/4 SE '/4) of said section 1; thence southerly 1320 feet more or less to the southeast corner of the Northwest quarter of the Southeast quarter (NW '/4 SE '/4) of said Section 1; thence southerly along the east line of the Southwest quarter of the Southeast quarter (SW '/4 SE'/4) of said Section 1 1070 feet more or less to the northeast corner of Lot 5, Block 4 of the plat of Spring River Acres Unit 2; thence S89046'30"W 250 feet more or less to the northwest corner of said Lot 5; thence S00037'W 250 feet more or less to the Point of Beginning. TOGETHER WITH the following described parcel: Beginning at the Northwest corner of the Northeast Quarter of the Southeast Quarter (NE '/4 SE '/4) of said Section 1; thence easterly along the north line of said NE '/4 SE '/4 350 feet more or less to the west bank of the main channel of Spring River; thence southwesterly along the west bank of the main channel of Spring River and the north bank of the north tributary of Spring River to a point on the west line of said NE'/4 SE'/4 which is approximately 410 feet south of the northwest corner of said NE '/4 SE '/4; thence northerly along the west line of said NE '/4 SE '/4 410 feet more of less to the Point of Beginning. TOGETHER WITH that portion of the Northeast quarter of the Southeast quarter (NE '/4 SE 1/) of Section 1, Township 20 South, Range 10 East of the Willamette Meridian, Page 1 of 2 — EXHIBIT A to Order 2002-025 (02/06/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Final Legal Desc-Spring River Spec Rd Dist.doc Deschutes County, Oregon lying and being North and West of the West bank of the main channel of Spring River as located October 10, 1953. EXCEPT that portion described as Beginning at the Northwest corner of the Northeast Quarter of the Southeast Quarter (NE'/4 SE'/4) of said Section 1; thence easterly along the north line of said NE '/4 SE '/4350 feet more or less to the west bank of the main channel of Spring River; thence southwesterly along the west bank of the main channel of Spring River and the north bank of the north tributary of Spring River to a point on the west line of said NE '/4 SE '/a which is approximately 410 feet south of the northwest corner of said NE '/4 SE '/4; thence northerly along the west line of said NE '/a SE '/4 410 feet more of less to the Point of Beginning. Page 2 of 2 — EXHIBIT A to Order 2002-025 (02/06/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Final Legal Desc-Spring River Spec Rd Dist.doc Proposed Formation of Spring River Special Road District See Mop 20 10 ICD w L F �+ Q1 N � � N f r .• 1 w 1t ' 0 � • � tJ1r' t Al, vr" • See Mop 20 10 ICD w L F �+ y Q1 c, N f f 0 C) t Al, 0 Q � LQ N .s Co 0 O f � `•1� � 1ti tN0 . t� •, (t1 0 - NN 11 ✓�^ •tom � _ y ,. tr CAI '• N N � N y Q1 c, N f t Q � CI N 0 O Page 1 of 4—EXHIBIT B to Order 2002-025 (02/06/02) r n. 14z./ C ��• � i � .a � to 0 � M �l; f Proposed Formation of Spring River Special Road District vGO�.nV I LJ %.VUIV 1 1 4L -443'- 00va I- '11 -nes . J ID Q0 /AA 3 P2 Page 2 of 4—EXHIBIT B to Order 2002-025 (02/06/02) Proposed Formation of Spring River Special Road District i _ See Mop 20 10 Ut O ` NN • - p+ y • C� •► �� N W Ato Y • i CA was ACR y U �,-4CID w a. co ICA 0 O 0 R yya? Q� • r. re. N NN it { O yYLoh �i ► ` a .j .� Co • d C•.fl� � • �w �e S� • m �tD =zs. �• � � •� 01 s � N �p � Pa V CO �' N.•e•i 4s..j t A 1 N a� O NO 0 O 11� N Page 3 of 4—EXHIBIT B to Order 2002-025 (02/06/02) PROPOSED FORMATION OF SPRING RIVER SPECIAL ROAD DISTRICT 250 0 250 F*0 Legend Proposed Road Dist Parcels Spring River Page 4 of 4—EXHIBIT B to Order 2002-025 (02/06/02)