Loading...
2002-156-Order No. 2002-044 Recorded 3/13/2002REVIEWED C_ LEGAL COUNSEL COUNTY OFFICIAL MARYNSUESPENNOLLOW, COUNTYRCLERKS CJ 1441'156 COMMISSIONERS' JOURNAL 03/13/2002 02;24;32 PM For Recording Stamp only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition and Setting Date For Public Hearing for Petition filed for the * ORDER NO. 2002-044 Vance Annexation into the Howell's Hilltop Acres Special Road District. WHEREAS, a petition requesting annexation of territory into Howell's Hilltop Acres Special Road District was duly filed with the Board of County commissioner of Deschutes County on March 1, 2002; a copy of which petition is attached hereto as Exhibit "A" and by this reference incorporated herein; and, WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the petitioners and to the board of the affected district; and, WHEREAS, the next available hearing date within that timeframe is April 10, 2002; and, WHEREAS, the Board chooses to also require publication notice for special district annexations; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the petition for annexation to the Howell's Hilltop Acres Special Road District, a copy of which is attached hereto as Exhibit "A," is hereby accepted for filing. Section 2. That a hearing regarding annexation to the district shall be held on Wednesday, April 10, 2002 at 10:00 a.m. at 1130 NW Harriman, Board Hearing Room, Bend, Deschutes County, Oregon. Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on March 25, 2002 and April 1, 2002, and posted on March 25, 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. PAGE 1 OF 2 - ORDER NO. 2002-044 (03/13/02) SALEGAL\SPECIAL DISTRICTS\VANCE ANNEXATION\ORD 2002-044 VANCE ANNEXATION[SET HEARING DATE].DOC Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to April 10, 2002 (hearing date), a land use compatibility statement regarding this proposed special district formation as contemplated in ORS 197.175 and 199.462, and any other applicable statutory authority. Dated this 1 y of G`V'! 002 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGO TOM EW , Chair DE IS R. LUKE, Commissioner r. ~.r%~ ref/` sf s k" MICHAEL M. DALY, Commissioner PAGE 2 OF 2 - ORDER NO. 2002-044 (03/13/02) SALEGAL\SPECIAL DISTRICTS\VANCE ANNEXATION\ORD 2002-044 VANCE ANNEXATION[SET HEARING DATEJ.DOC RECEIVED MAR 0 1 2002 DESCHUTES GU. LEUAI- GOMEL PETITION FOR ANNEXATION INTO SPECIAL ROAD DISTRICT 41 c)U'-q- lL~S E1 U4-op Au" To the Board of Country Commissioners Deschutes County, Oregon The undersigned petitioners hereby request that proceedings be taken for annexation into a special road district and in furtherance thereof do hereby join in this petition. 1- This petition is filed pursuant to ORS 198.705 to 198.955. The principal act for annexation into special road districts is 371.305 to 371.360, et.seq. 2- Said annexation affects only Deschutes County, Oregon and it affects only this road district. 3-The 42 acre territory subject to this petition is at present uninhabited but is a portion of a larger landholding which is inhabited. The purpose of the division is sale of the subject property to an individual who has applied for a minor land division to divide the parcel in two parcels of 20 and 22 acres. It is the intent of the purchaser to access these parcels solely through the above road district rather than through the mother parcel. 4-The Board of Commissioners (Directors) of the Road District has been appointed by the County Court and is comprised of three commissioners who serve as President, Secretary, and Treasurer. 5-There is no proposed change in the tax base of .8703 per thousand. 6-The description of the boundaries of the territory proposed for annexation is 15-12-12DO Tax Lot 400 excepting therefrom a parcel of land located in the Southeast quarter of the Southeast quarter (SE1/4SE1/4) of Section 12 in the Township 15 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Exhibit A Commencing at the east quarter (E 1/4) corner of said Section 12, being a 2" iron pipe, said point also being the initial point of the plat of Howell's Hilltop Acres; thence south 0 20'35" west along the east line of said section a distance of 1322.79 feet; thence leaving said section line north 89 43'24" west along the south line of said plat a distance of 263.27 feet to the southeast corner of block 11 of Howell's Hilltop Acres and the true point of beginning of this description; thence leaving said plat line south 83 23'39" west, 412.13 feet; thence north 0 09'20" east, 50.00 feet to the southwest corner of said block 11; thence along the south line of said block 11; thence along the south line of said block 11, south 89 43'24" east, 409.27 feet (south 89 43'24" east, 408.97 feet by record) to the true point of beginning. 7 - The chief petitioners circulating this petition are: Name: Wesley and Lois Vance Mailing Address: 5487 W. Hwy. 126 Redmond, OR 97756 8 - The name of the road district remains the same. The only change is the area included in the district. It otherwise complies with the principal act. 9 - This petition has been signed (endorsed) by the owners of 100% of the acreage proposed for annexation and the duly appointed board of commissioners (directors) of the roas district. All signatures have been secured within six months of the date on which the first signatures of the petition was mixed, to wit: 2002 , aI TED this Z47 day of _ 2002 OFFICIAL SEAL THOMAS G.S. LEWIS JnTAPY PUBLIC-OREGO.1 of petitioners: MY 10 - The tentitory' T t of the same type. eOv z~ is not within boundaries of another district Clb 11 - By affixing their signatures the board of comissioners of Howell's Hilltop '~j 5 C `17 Acres agreed to accept the s ect property onto the district. President 2002 2002 ORIGINAL ~I Secretary Page 3 r October 18, 2001 Order No. 165536-TH Escrow No. 0120871 LEGAL DESCRIPTION The Southeast Quarter of the Southeast Quarter (SE1/4 SETA) of Section 12 in TOWNSHIP 15 SOUTH, RANGE 12, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon. EXCEPTING THEREFROM a parcel of land located in the Southeast Quarter of the Southeast Quarter (SE1/4 SEI/o) of Section 12 in TOWNSHIP 15 SOUTH, RANGE 12, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, described as follows: Commencing at the East Quarter (E1/4) corner of said Section 12, being a 2" iron pipe, said point also being the initial Point of the Plat of Howell's Hilltop Acres; thence South 0°20'35" West along the East line of said section a distance of 1322.79 feet; thence leaving said section line North 89043'24" West along the South line of said plat a distance of 263.27 feet to the Southeast corner of Block 11 of HOWELL'S HILLTOP ACRES and the True Point of Beginning of this description; thence leaving said plat line South 83023'39" West, 412.13 feet; thence North 01109'20" East, 50.00 feet to the Southwest corner of said Block 11; thence along the South line of said block 11, South 89043'24" East, 409.27 feet (South 89043'24" East, 408.97 feet by record) to the True Point of Beginning. Exhibit A Howell Acres HHHO 1000 0 1000 2000 Feet ,,0?dlC1e AI.9,~.t• t,YR7~id• c> pro Description %V Canal Parcel Howell Acres Special Road Dist ® River e I o P z i February 5, 2002 N M DESCHUTES COUNTY ROAD DEPARTMENT CIS DIVISION John AfWarmn, 61S Spa infict Phom:55411388-6581, emit jobm@dnchuuv.org 81150 S.E. 27th St., Bond, 08, 97702 ~,~lt ~'i!-r 9 The information on this map was derived from digtnl databases on r'P u d (((JJJ T! Deschutes County's G.I.S. Care was taken In the creation of this map. Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy and, therefore, there are no . warranties which accompany this product. However, notification of anv errors will be awredated. N Ly n 0 It SEI/4 SEC. 12 T.15S. R12E.W.M. DESCHUTES COUNTY 1""too' 15 12 12D 15 12 12D Po-q e 2 o~ 2 THIS PWT PLAN IS PROVIDED AS A COURMY BY FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON TO A33fST IN LOCATING SAID PREMISES AND THE COMPANY ASSUMES NO LIABILITY FOR ITS ACCURACY OR FOR MATTERS THAT MAY BE DISCLOSED BY A SURVEY. A W N 1 O t0 OD V Qf Cn A W IV Z z a c M N Cl) v i' zm m v O u m ob D o Q ° ~ v m W Cl) m a w ~ ~o ~z Do 'm m rn A z N > Z[ O co DZ O Q) (l) D Z -C 0 O N DZ-< O y DZ O y DZ~ " O CD DZ O y DZ< O O DZ~ O y DZ-< O CD A DZ~ n 0 DZ~ A O CD DZ~ (D r C CD W w Q D) A7 N N Al f A N + N N N N O N O Z D 0z fD l I O I I (D I I O I ( (D I I UD I I O (a N I I to N I D l I D I I D l I I I p j I fD CD I r M --10 \ I I I I I I I I I I I I I -Im 'D Z -G cDOp1 -p z OON -0z C ON -0z cD Oy -0z CDOy -0z (DO0 -U Z~ OOco -0 Z~ OON ~Z coos -0Z-C ~OfA 'az ~0a -0z <D0 ~ 'Vz D00 M z -G O~ 50m 5~ i7 i i v ( ~ m , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~y n m . I ( Z m ~ v County of Deschutes ) OFFICIAL SEAL ss. N 1 NOT R UBLICAOREGON State of Oregon COMMISSION NO. 330653 I, My COMMISSION EXPIRES MARCH 2, 2004 _l ~ ~JA- ~ . 1 IA-"O , certi petition, and every person who sig ed this petition did so in my presence. SIGNATURE F. SUBSCRIBED AND SWORN to before me this day of mznoa Notary Public for Orego My Commission Expires. ~J~C~ sEL704 REV 5/14/93 SECURITY DEPOSIT ORS 198775 FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION ❑ FORMATION ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION 141-l! ?~nP r4.5 District No. of precincts in district ® $ per precinct = $ total deposit (maximum of $lo ow) PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT 1. NAME (PRINT) 40-'.S- L a-A'V C - SIGNATURE RESIDENCE ADDRESS 7 / /,~~y~i~ 4 MAILING ADDRESS (IF D RENT) _ CITY, STATE, ZIP CODE 9 "'r ~ AMOUNT OF CONTRIBUTIONNALUE O SECURED DEPOSIT KIlVD OF CONTRIBUTION:* © ~cs~ BOND ❑ OTHER SECURITY DEPOSIT 2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTIONNALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION!* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTIONNALUE OF SECURED DEPOSIT KIND OF CONTRIBUTIOW ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT CHIEF PETITIONERS l i I/we hereby eclar if the costs of the attem on ut ted formation inexat! withdrawal, or disso W t ( district exceed I/we will pay to the county treasurer the amount of the excess costs (ORS 198.775). 1. NAME (PRINT) o s !JA ~v c SIGNATUR RESIDENCE ADDRESS -rig? 7 /,J,zlw /gR G DATE a-~ _ os MAILING ADDRESS (IF DIFFERENT) s,.o an F CITY, STATE, ZIP CODE DAY TELEPHONE - -ss- 2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE 'provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached. EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, the Vance Annexation, to Howell's Hilltop Acres Special Road District will be held on April 10, 2002, at 10 a.m. in the Board of County Commissioners' Hearing Room, 1130 NW Harriman Street, Bend, Oregon. The boundaries of the proposed annexation are as specified in Exhibit "A," attached hereto and by this reference incorporated herein. The purpose of the proposed annexation is to provide road improvement and maintanance services for the inhabitants of the proposed area to be annexed. All interested persons may appear and be heard. 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: 3/25/02 & 4/1/02 To be posted: 3/25/02 PAGE 1 OF I - EXHIBIT "B" - ORDER No. 2002-044 (04/10102) S:\LEGAL\SPECIAL DISTRICTSWANCE ANNEXATION\HEARING NOTICE. DOC Page 3 i~ October 18, 2001 Order No. 165536-TH Escrow No. 0120871 LEGAL DESCRIPTION The Southeast Quarter of the Southeast Quarter (SEI/4 SEI/a) of Section 12 in TOWNSHIP 15 SOUTH, RANGE 12, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon. EXCEPTING THEREFROM a parcel of land located in the Southeast Quarter of the Southeast Quarter (SEI/4 SE1/4) of Section 12 in TOWNSHIP 15 SOUTH, RANGE 12, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, described. as follows: Commencing at the East Quarter (E1/4) corner of said section 12, being a 2" iron pipe, said point also being the Initial Point of the Plat of Howell's Hilltop Acres; thence South 01520'35" West along the East line of said section a distance of 1322.79 feet; thence leaving said section line North 89043'24" West along the South line of said plat a distance of 263.27 feet to the Southeast corner of Block 11 of HOWELL'S HILLTOP ACRES and the True Point of Beginning of this description; thence leaving said plat line South 83023139" West, 412.13 feet; thence North 0°09'20" East, 50.00 feet to the Southwest corner of said Block 11; thence along the South line of said block 11, South 89043'24" East, 409.27 feet (South 89°43'24" East, 408.97 feet by record) to the True Point of Beginning.