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2004-39-Resolution No. 2004-002 Recorded 1/14/2004DESCNUTES COUNTY OFFICIAL RECORDS CJ 104-39 NANCY BLANKENSNIP, COUNTY CLERK REVI ED COMMISSIONERS' JOURNAL 01/14/2004 12;46;56 PM LEGAL COUNSELIIIIIIIIIIIIIIIIIIIIIIIIIIII 2004-30 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating Proceedings for the all of McSwain Drive LID to Improve a Certain Dedicated Road Known as McSwain Drive, Deschutes County, Oregon, Describing the Road to be Improved; Designating Where the Improvements Shall be Made; Defining the Nature of the Improvements; and Referring this Resolution to the Engineer for Completion of a Feasibility Study. RESOLUTION NO. 2004-002 WHEREAS, the owners of property abutting the proposed improvement of McSwain Drive in Deschutes County, Oregon, have requested the Board of County Commissioners to improve this road; and WHEREAS, it appears that such road should be improved; and WHEREAS, it appears that it is in the public interest that the Road Department of Deschutes County, Oregon, perform the required feasibility study for this improvement; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCNUTES COUNTY, OREGON, as follows: Section 1. That proceedings be initiated to improve all of McSwain Drive to Deschutes County Rural Local Road Standards for the benefit of the area described in Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. That the dedicated road to be improved within the district described in Section 1 of this Resolution is all of McSwain Drive, shown on the map, Exhibit "B", attached hereto and by this reference incorporated herein. Section 3. The road(s) to be improved as a result of this Resolution shall be improved to County Rural Local Road Standards. Page 1 of 2 - Resolution No. 2004-002 Section 4. Improvements to be made to the roadway within the district include, but are not limited to, reconstruction of the roadway to a 20 foot wide paved road with 2 foot aggregate shoulders, and adequate drainage, as well as related engineering, administration, mobilization and traffic control work. Section 5. This Resolution shall hereby be referred to the Engineer for completion of a feasibility study in accordance with Chapter 12.48.150 of the Deschutes County Code. The Engineer may engage the services of any qualified engineer for all or part of the investigation required under Chapter 12.48.150 of the Deschutes County Code. DATED this day of '2004. ATTEST: Recording Secretary Page 2 of 2 — Resolution No. 2004-002 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON DENNIS R. LUKE, EXHIBIT "A" Page 1 of 1 Proposed McSwain Drive Local Improvement District Benefited Lots The benefited lots for the McSwain Drive Local Improvement District are: Lots 1 through 7 of Block 2 and Lots 1 through 7 of Block 3 of the plat of McKenzie Estates in the North Half (N1/2) of Section 27 of Township 14 South, Range 11 of the Willamette Meridian, Deschutes County, Oregon, Together with the following two parcels of land: Tax Lot 300 of Deschutes County Assessor's Map 14 11 27 (3-21-2002 revision), being more particularly described as follows: The portion of the North Half of the Northwest Quarter of the Northeast Quarter (N1/2 NWl/4 NEI/4) of Section 27 of Township 14 South, Range 11 of the Willamette Meridian, Deschutes County, Oregon labeled as "Parcel A" on the lot line adjustment survey entitled `BOUNDARY LINE ADJUSTMENT LL -97-43" and filed as CS 13129 in the Deschutes County Surveyor's Office and also described in the Statutory Warranty Deed recorded in Volume 507 Page 1567 of the Official Records of the Deschutes County Clerk, Oregon Tax Lot 400 of Deschutes County Assessor's Map 14 11 27 (3-21-2002 revision), being more particularly described as follows: The portion of the North Half of the Northwest Quarter of the Northeast Quarter (Nl/2NW1/4NE1/4) and the South Half of the Northwest Quarter of the Northeast Quarter (S1/2NW1/4NE1/4) of Section 27 of Township 14 South, Range 11 of the Willamette Meridian, Deschutes County, Oregon labeled "Parcel B" on the lot line adjustment survey entitled "BOUNDARY LINE ADJUSTMENT LL -97-43" and filed as CS 13129 in the Deschutes County Surveyor's Office, EXCEPTING THEREFROM that portion of said Sl/2NW1/4NE1/4 described in Volume 1999 Page 54785 of the Official Records in the Deschutes County Clerk's Office. J:\DATA\WORD\Legal-Descripitions\LID\McSwainLID—Bndry_all.doc 1/5/2004 11:33 AM mjb M 0 C) w N N N Z rn C L CL N LJ.i U a) r cc cn N a D o J cu U O C a) N � L > CO U _—oo_�� d i J i I .3 0 E d CL E 0 b 0) 0 a s a �m i O WR 81Y TES I MEMORANDUM TO: Board of County Commissioners FROM: Gary Judd, Traffic Engineer SUBJ: McSwain Drive LID DATE: December 22, 2003 Road Department 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 The Road Department received petitions from four property owners along McSwain Drive in the Mackenzie Estates subdivision to form a Local Improvement District (LID). There are sixteen residential lots that would be benefited by the road being improved. The four petitioners represent 25% of the property owners, according to County Code at least 25% of the owners must sign the petition. Four of the property owners shared the cost of the $800 filing fee. Mackenzie Estates is located about six miles northeast of Sisters in north Deschutes County. McSwain Drive accesses directly onto Holmes Road. McSwain Drive is approximately one half mile long. Cost to improve this road to Deschutes County road standards is approximately $140,000 or $8,800 per benefited lot. The Road Department recommends that the Board approve the attached Resolution to initiate the McSwain Drive Local Improvement District. If the Board decides to initiate this LID, the next steps in the road improvement process will be for the engineer to complete a feasibility study and meet with the property C1WAYW"11 Quality Services Performed with Pride