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2005-41-Order No. 2005-003 Recorded 1/25/2005DESCHUTES COUNTY OFFICIAL DS ~J ~44J'4~ NANCY BLANKENSHIP, COUNTY CLERK REV ED COMMISSIONERS' JOURNAL 01/25/2445 11;44;19 AM iyzj~ j- LEGAL COUNSEL 111111111111111111111111111 2005-41 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Abandoning Rancho El Sereno Local Improvement District within Deschutes County, Oregon. ORDER NO. 2005-003 WHEREAS, on August 23, 2004, the Board of County Commissioners of Deschutes County, Oregon, initiated by Resolution 2004-096, the improvement of a certain dedicated road known as Rancho El Sereno; and WHEREAS, the resolution was referred to the Engineer for a feasibility report to investigate the maximum cost of improvement. The maximum cost of improvement has been prepared in accordance with Chapter 12.48.150 of the Deschutes County Code; and WHEREAS, a mail poll was conducted pursuant to Chapter 12.48.166 of the Deschutes County Code; and WHEREAS, the Engineer has filed a report, attached as Exhibit "A", on the results of the poll with the Board, pursuant to Chapter 12.48.170 of the Deschutes County Code, and WHEREAS, the proposed local improvement failed to received the minimum poll approval rate as required by Chapter 12.48.166(B) of the Deschutes County Code; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That, in accordance with 12.48.170(A) of the Deschutes County Code, the local improvement known as Rancho El Sereno is hereby declared abandoned and no new petition may be filed and no new resolution may be adopted for this improvement within a period of one year after the date of this order. Section 2. That the Road Department pursuant to Chapter 12.48.165 of the Deschutes County Code shall give written notice of the abandonment to all petitioners mailed to the addresses provided in the petition. DATED this day of , 2005. BOARD OF COUNTY CO ISSIONERS S HU S OU REGON TOM DEWOLF, CHAIR ATTEST: Recording Secretary , COMMISSIONER Page 1 of 1- Order No. 2005-003 1'ES EXHIBIT "A" Road Department 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 TO: Board of County Commissioners FROM: Gary Judd, Engineer DATE: December 30, 2004 SUBJ: Rancho El Sereno LID BACKGROUND On August 23, 2004 the Board of County Commissioners formed the Rancho El Sereno LID and ordered the Road Department to investigate. The feasibility study found that this project was possible, and the Road Department referred the findings to property owners for a mail poll. MAIL POLL RESULTS Returned ballots for the mail poll were required to be post marked by no later than December 3, 2004. The results are: YES 19 ballots 51% NO 11 ballots 30% Did not vote 7 ballots 19% Deschutes County Code #I 2.48.166(B) states "To be eligible for further consideration by the board, a proposed improvement must receive, by the postmark deadline, a minimum poll approval rate of at least 60 percent of the owners of the land representing at least 60 percent of the total amount of the estimated assessment for the proposed local improvement." RECOMMENDATION Since there was less than 60% positive response by the property owners, the Road Department recommends that the Board of County Commissioners adopt an order to abandon the Rancho El Sereno Local Improvement District. If the BOCC decides to abandon this LID, no new petition for a LID can be filed for a one-year period. Quality Services Performed with Pride Rancho El Sereno Local Improvement District V Affected Taxlots Other Taxlots Located in the SW 1/4 of Sec, 27, T16S, R12E, WM 03700 00200 03600 00100 03500 03400 00300 00501 0t 03300 03200 03100 JP~ 00800 oa9oo 01200 61300 400, 01100 02900 01000 01500 02800 ~R 01400 k n''" 01600 02700 02701 02600 v 01701 02500 N~ 2601 01800 - 01700 S P~ 02300 02400- 02200 01900 02100 02000 The information on this map was derived from digtal databases on Deschutes County s G.I.S. Care was taken in the creation ofthis 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 appradahed_ 400 200 0 Deschutes County Road Department fJl~y Crs.,al John Anderson. GIS Specialist August 92004 ~L~ Phone: (541) 322-7102 Email johnale'co.desdiuta.o AU Address: 61 150 SE 27th St Bend, OR 97702 p:\ai8 proiectsUocal improvement dishicts\rancho el sereno