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2002-129-Order No. 2002-039 Recorded 2/27/2002REVIEWED LEGAL MARYDESCHSUEUTESPENHOLLOWCOUNTY CJ 2002a 129 COMMISSIONERS' JOURNAL 02/27/2002 04;46;43 PM. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order declaring the intention to create a Local Improvement District known as Mountainview Road L.I.D. for the improvement of Certain Dedicated Public Roads Known as a portion of Mountainview Road from the west corner of Lot 38, Block 41 to the north corner of Lot 16, Block 18; and all of Club Road located in Squaw Creek Canyon Recreational Estates, First Addition, Subdivision, Known as Mountainview Road L.I.D., Deschutes County, Oregon, Accepting the Engineer's Feasibility Report, Setting the Hearing for Remonstrance, and Authorizing the Road Director to Give Notice of Said Hearing. ORDER NO. 2002-039 WHEREAS, the Board of County Commissioners, by Resolution 2001-081 initiated the improvement of certain dedicated public roads known as Mountainview Road L.I.D. and WHEREAS, the County Engineer has investigated the feasibility of making the improvements, estimated the cost of the improvements, proposed a method of assessment and estimated the amount of the assessments against each of the specially benefited properties, in accordance with 12.48.150 of the Deschutes County Code; and WHEREAS, the Board has considered the Engineer's report and has determined to proceed with the proposed improvements, subject to the notice and hearing requirements of Chapter 12.48 of the Deschutes County Code; and WHEREAS, the Engineer conducted a mail poll of all the owners of all specially benefited lots within the LID in accordance with Section 12.48.166 of the Deschutes County Code. The poll approval rate is 60% of the owners of land representing over 60% of the total amount of the estimated assessment for the proposed local improvement; and WHEREAS, Section 12.48.170 of the Deschutes County Code requires that the Board provide notice to specially benefited property owners and set a hearing for the purpose of hearing remonstrances to said improvements; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: PAGE 1 OF 2 - ORDER NO. 2002-039 Section 1. That the Engineer's Report relating to the improvement of certain dedicated public roads known as a portion of Mountainview Road from the west corner of Lot 38, Block 41 to the north corner of Lot 16, Block 18; and all of Club Road within Squaw Creek Canyon Recreational Estates, First Addition Subdivision, Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference incorporated herein, be accepted and hereby approved. Section 2. That a hearing be set on March 27, 2002, at 10:00 a.m. at the Deschutes County Board of Commissioner's Hearing Room, Administrative Building, 1130 NW Harriman, Bend, Oregon for the purpose of hearing remonstrances to said improvements. Section 3. That, subject to the hearing process set forth by Chapter 12.48 of the Deschutes County Code, the LID be formed and the improvements carried out as described in said Engineer's Report. Section 4. That the Road Department Director be authorized to notify benefited property owners of the said hearing and proposed improvement, in a form substantially as contained in Exhibit "B", attached hereto and by this reference incorporated herein. DATED this day of (A_ , 2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON TOM DEYMLF, CHAIR ATTEST: NNIS R. LUKE, COMM STONER Recording Secretary MICHAEL V. DALY, C MMISSIONER PAGE 2 OF 2 - ORDER NO. 2002-039