Loading...
2009-1537-Order No. 2009-073 Recorded 12/2/2009COUNTY REVIEWED NANCYUBLANKENSHIP,F000NTY CLERKS COMMISSIONERS' JOURNAL 1ZIOZIZOO9 x$.29.16 AM LEGAL COUNSEL 11111! I I III137 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting a Petition for Formation of Pinewood Estates Special Road District and * ORDER NO. 2009-073 Setting a Hearing Date WHEREAS, a petition requesting formation of Pinewood Estates Special Road District has been duly filed with the County on November 16, 2009, a copy of which petition is attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, the Deschutes County Assessor's Office has verified that the formation petition was signed by a sufficient number of landowners to allow acceptance of the petition, and the petition is otherwise in the form required by law; and WHEREAS, ORS 198.800 requires the county board to set a date for a public hearing on the petition no sooner than 30 days and no later than 50 days from the date of filing with published and posted notice; and WHEREAS, the next available hearing date within that timeframe is January 6, 2010; and, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the formation petition for Pinewood Estates Special Road District, a copy of which is attached hereto as Exhibit A, is hereby accepted for filing. Section 2. That an initial hearing regarding formation of the district shall be held on Wednesday, January 6, 2010 at 10:00 am at 1300 NW Wall Street, Bend, 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 December 22, 20098 and January 1, 2009 and posted December 22, 2008, 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. 2009-073 (11/30/09) Section 7. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to January 6, 2009, 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 5~~'Iof &(0111t'2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ov~'~ - TAMMY BAN , CHAIR r Z~ -11z':'-"~~ DE IS R. LUKE, VICE CHAIR ATTEST: &VW'4-~ Recording Secretary aj'a., U4--rr- ALAN UNGER, COMMISSIONER PAGE 2 of 2- ORDER No. 2009-073 (11/30/09) PETITION FOR FORMATION OF SPECIAL ROAD DISTRICT (Pinewood Country Estates) To the Board of County Commissioners Deschutes County Oregon 1. The undersigned petitioners hereby propose formation of a special road district and in furtherance thereof do hereby join in this petition: 2. This petition is filed pursuant to ORS 198.705 to 198.955. The Principal Act for Special Road Districts is ORS 371.405, et seq. 3. The purpose of the proposed district is to construct, improve and maintain the public roads contained within the district's boundaries and engage in the powers of the district authorized by ORS 371.336. 4. Said formation affects only Deschutes County, Oregon, and the following special districts (whose principal acts are each listed as follows): Deschutes County 911 Deschutes County Extension 4-H District Deschutes County Library District La Pine Rural Fire Protection District La Pine Parks and Recreation District Four Rivers Vector Control District High Desert County ESD Bend-La Pine School Dist. No. 1 COCC 5. The territory subject to this petition is inhabited. ORS 401.105 et seq. ORS 451.410 et seq. ORS 357.216 et seq. ORS 478.001 et seq. ORS 266.001 et seq. ORS 452.020 et seq. ORS 334.005 et seq. ORS 334.005 et seq. ORS 341.003 et seq. 6. The Board of Commissioners (Directors) will be comprised of three (3) commissioners and the board members are to be appointed by the Deschutes County Board of County Commissioners. 7. A proposed permanent tax rate limit sufficient to support the services and functions described in the economic feasibility statement in the amount of $2.50 per $1,000. Based on the 2009- 2010 tax year assessed valuations within the proposed district, this tax rate raises a sufficient amount ($12,598), when combined with an annual Pinewood Country Estates Homeowner's Association roads earmark contribution of $200 per benefitting lot to support the services and functions described and budgeted in the attached economic feasibility statement. -I - PETITION PineWoodSRDFormation Petition 11-03-09 8. The description of the territory proposed to be included in the district is: All of the lots, blocks and roads in the official plat of Pinewood Country Estates (originally platted as Sitkum Acres) in Section 36, Township 20 South, Range 10 E. Willamette Meridian, Deschutes County, Oregon EXCEPTING THEREFROM Lot 5, Block 3 of Pinewood Country Estates and that portion of Maple Drive therein encircled by said Lot 5. 9. The chief petitioners circulating this petition are: Name: Mailing Address: Name: Mailing Address: Leland Landice PO Box 4850 Sunriver, OR 97797 (541) 330-6046 landicel@yahoo.com Terry Reed PO Box 3250 Sunriver, OR 97707 (541) 593-7242 Terry.Reed@msn.com 10. The Petitioners request that proceedings be taken for the formation of a Special Road District proposed to be named Pinewood Country Estates Special Road District. 11. This petition has been signed by not less than 15 of the owners of the land or the owners of 10% of the acreage, whichever is the greater number of signers within the territory proposed to be included in the District on the attached signature sheet or counterpart petition and signature sheets. All signatures have been secured within 6 months of the date on which the first signature on the petition was affixed, to wit: DATED This day of 2009. Signatures of Petitioners: Date: / 05 Zw LELAND LAN ICE f If TERRY REED Date: - 2 - PETITION PineWoodSRDFormation Petition 11-03-09 t 0 renzivn i o N 3 W~ 0 1 z o _ NW H 1--- _ M N W 2 ~ _a U W N W 0 9 V'S[ 01 A ON 375 , SS at 01:dVR 335 + ~ ' ~ w N z ~ z " ~ z z z (D CD CD (D G` (D 00 . n 0 c (D IN, CD CD ("I ~ fl, ~7 © p P7 Cr] to y 0 0 by 0 0 0 tri 0 (D I'D d ~ d d ~ d d b ~ 0- 6 tZI tz, t:) 0 d b d f ~ n d d r r- r-r N irD CD V G ( ? t) ~ i roz-~zaz~r O ~C n O N 7 OOrn d bzczaz~r to O y LQ. N O y d ^m N a bzczazcr N O y N ,n,O N ~ 0On0o m a roztzazcr y O y ~R y O w a ~zc~azcr co y „ny 0 y n f9 ~~c~~~~ p ee V I~n ~ re I ~M ' I ° I ^ l ' o0 o I ~a ~I ~~I ' a a°'o o y I Ixa~l I~r°o ' ro rn v, 'ti d 002OQOp t7 ~O c a c AI ~I ~ County of 0(~5i,i.j7j ) SS. SUBSCRIBED SWORN to before State of Q Z c j ) t k. day of 200 " OF MAL SEAL f I, ELA NV l r~RI certify that I circulated BRUCE NOTARY V AfERMAN WHITE PUBLIC- OREGON this petition, and every person who signed this petition did so ~ CUMM . 43998 lON Np 439982 ~ in my res ce. Lt p N t P bli f COMMISSION iRES JUNE 9, 2013 o ary u c or Oregon My Commission Expires: eZJi I Signature z 1 ~ 0 z ~ ~ z so 5 z g y 0D z 9 ~ ~ H t n ~ o d COD d ~ a d ~ d 0 1 d b d b ~ b d b b y Coll ' O ~ d~O d i > '60 ~ ►d r b ~z~O a t n > a d G a d N m M ~ tTj d d d d ~ d e d d d~ CA Cn Coll d d ~ d d d 0 o ` roz G7~az9Cr O N N O y a EI ~z~Cxlaz-Cr O y fD O y c I I ~~I I) tiz C7tJYZ~Cr O y N O y '7 w w ~a I~a~) II bz~C70az~Cr O y N O yh m I I~c~) I tiz C7yaz~Crr O y N O y p t I f°I I ° ~ -3~C~royror o O tr3 /ro t~7yOV rr~0M O 0O~ o o~ o ° o~ ' c d C~ M~C7 tri 7d -c l7 County of ss. p SUBSCRIBED SWORN to before me this State of to ) 13, day of kir `!9w r 20 / I L~L/g ~i7 L,~A,~/cr certify that I circulated OFFICIAL SE L $RUCE WA7ERMA RI this petition, and every person who signed this petition did so ! NOTARY PUBLIC- in in my presence. ~r MISSION NO / Notary Public for Oregon MMISSION EXPIRES J N r ~J My Commission Expi Signature ]2013 0 d H Vi .p W N b CD z ' C z CD z " r 19 (D CD ~ C9 tir 3 t z Z ~ ~ d Cn oo ~ C/) Z Ln o o G o o ° 1- y P'to 5o z ~ ~ z z M ~ ~ A V M y F n z ~ d d ~ d d d a ~b a ~~b d d d cn d d C" d d d d 9 dd CA In (n V) (n Ln C CA d d CD v 11D v % i z~zazcr ~,ocoA~ocum INLQG V r~ ~I w bz czaz~r orcA~occ~ N pp ~ I I a l Camel I bz~zaz~r D N 0 w w I I ~l bzczaz~r N C ~~I bz czaz~r OQ H J A I 0 I I < ~b r 0 0 O OO C d \c I'CL c c ~ c,l ro2 O E~y~mG A tTi County ofU~,k~~~ ) SS. SUBSCRIBED AND SWORN to before me this State of t n el l ) _day of 20(A LE jj OFFICIA I, Lal-141>d L ~v/ c certify that I circulated BRUCE WATER A this petition, and every person who signed this petition did so j NOTARY PUBl.1 in m res N C y p MMISSIO Notary Public for Oregon v OMMISSION EXPIR' My Commission Expires: Signature a 0 d n H DAL c.n .p W N C CD C CD CD CD C D C z A o o d d d d ~d -f~ ~ 110 ~d ~y d '~i ~ z1 b - Zi t1 00 O _ b to b z y z y z z d z trt:~ z tri y I M y,~ O CD a a d a a ya d d d d d ~d a dd C Cn ~ ~ ~ ~ Cn C/) Cn ~ ~ CD Cn ~C/) e d d d e ~ z . O CD . CD , CD CD CD~ " O o PO O W 00 N ~ Oz~C~1az Ct- g o y es n o co m H 00 roz C7Jaz CC" o o to m o o N m w Oq vz-Cx1aZ~Ct- ~ o N is d o m m N f vz t. - o co ro n o co m D 0z Cx+~ aZ Ct- t rn O y ti O O ~ a~C error r1 O [77 X1 . m O QQ. O v, pq w a q O O ~ ~ l ~ I I ~ I I I R ~ I I ~ I I I t9 ~ I O I I I ~Q~ I ( O I ~ cn UmO l ~~I xKO ~fn~ro ~ O a I -f9, ° I -~s ° CI ~ c CI x I c I A I ' 0 bmv0O O r~C7 ~ A 0 o C p ~ ~ C7 ~ ti7 -2 ti d County of ZSA-4r o ss. SUBSCRBEDANDSWORN to before me this State of Om" I / ) 1 fl. day of N t,,; F,-6r• 20 _ I, t l.. A L-1V G-r1,410'eZ certify that I circulated OFF this petition, and every person who signed this petition did so j~ in my presence. 14,,w4 L j 4 BRUCE W NOTARY ...Notary Notary Public for Oregon 1j( 3 COMMIS • ~-c/ My Commission Expire Y~+l MY COMMISSION E ignature SEAL MAN WHITE C-OREGON NO. 439982 :S JUNE 9, 2013 i ~ ~ ro ~ ro vs b ~ ►d O c m y Z rf 1 lab 1 .1 1 1 All. e d d d ~d CD CD > rA o o o ~ U v d b~ e d d b loom tri d ~ ~ d d ~b d d d v~ e~ o d d d a d d d t►~ d d ~ r ~ rA d d g a d d ~ z<~vz< bz<zaz-e bz-e~oaz~ ~ztx~z~r bz-<M>z -er 'A 'M m~ c.~ a c$ g a -d Z03 County of ) SS. SUBSCRIBED ARID SWORN to before me this State of ) day of _ 24 I, certify that I circulated this petition, and evefy pttson wno 51gnea tale peuttun utu su in my presence. Mn+onr A,hlir fnr Orrann I.A b a~ r CD CD r s ~o W N z° I CD I IN k U 1~ pj ~ d fit, CD " 1 C H 1 LIS Crl d ~ o Cn o (n ~L o o o dCn o 10 M . z ~ d 0 , e rn rA ry) C' ~z ~ -n d d d ~ d C7 n d to n H roz c91 cr z-czaz~crbz~xaz~crbz~czaz~cr~z~zaz~crHHc Hb r O O y OQ. O v' C O O y O w d O H .n.~ O in C O O y proq n O m C O O w 00 n O m m h7 Q [17 awl I I ~wI I a y Ika~, m) o f° ~p,HG] OH C~ ~I C~ ti I of I I a~I I ail I M 0b2mor~mO County of ss. SUBSCRIBED AND SWORN to before me this State of ra.;;J day of I, t FL.A~.w ^ w~~~ certify that I circulated OFFICIAL SEAL this petition, and every person who signed this petition did so BRUCE WATE MAN WHITE in my prese ce . 6 NOTARY PUB IC-OREGON V ,a Notary Public for Oregon OMMISSION NO. 439982 CO~ My Commission Expires: M COMMISSION EXPIR S JIJNE 9, 2013 -iih Signature LA w N b riQ . 1 . 0 5 R 9 1 z z m z z 9 2 ~ R z d d d d ~ ~ cn d d 'lid o o 040 z y z y z y z I M z q-, ~ t, ~ b7 ttTt a b a b a b d a n b a ~b d d d d t:) 0 r-1 COD ~ COD ry) ~ ~ 1 d d d d N CCD CCD OrD n bz-czaz-cr m y 0Q e9 p N bz~zaz-~r tD O y M C y O ~zczaz-cr N O y y O y? bz~zaz~r N C y „~O y= bzczazcr O y n O y% -~-~<[j~yyb~r M O liJ M /b y -1z HG~ c wl ( c wl I I I , c ~ ( I I m o. I I I I o 0 I( I l O ri300 0 °m a l a A I ~ c ° l c l ' a 0 t 0 b Mid ~ c c c c cl C0 M County of ) SS. SUBSCRIBED AND SWORN to before me this Ic ) Stateeof Q t e -dayof 20Aq_ / L ' 1 E LAwy L A~✓r~IGG certify that I circulated this petition, and every person who signed this petition did so p SRUCE l~ NOTARY i i IJ n my presence. t l Notary Public for Oregon COMAM o My Commission Expires: 6 L G( IIY COM~A"Tw ignature to 0 ITI U y .SEAL IMAM WHITE 1GOREOON' NO.439W ES JUNE 9, 2819 ECONOMIC FEASIBILITY STATEMENT FOR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT 1. The Pinewood Country Estates Special Road District is being formed because: a. The increased number of resident homes within the Pinewood Country Estates subdivision has put a financial load upon the Pinewood Country Estates Homeowners Association for maintenance and snow plowing the roads within the subdivision. i. Not all property owners contribute to the Association and funds are inadequate to maintain or upgrade the roads. ii. Formation of the Road District will enable a predictable income for maintenance, repairs, upgrades and snow plowing. b. The increased feeder and through-traffic from adjacent neighborhoods' residential growth has doubled traffic flow on roads within the proposed district and has put an additional financial burden on the Homeowners Association. c. The Road District will oversee: i. Maintenance of roads ii. Placement and maintenance of road signs iii. Upgrades and construction iv. Right of way drainage and maintenance v. Snow plowing vi. Traffic calming where allowed 2. The roads within the proposed district are not maintained by Deschutes County. At the present time, no outside agency participates in any manner with the services described in paragraph Lc above. 3. Costs to provide the proposed services are shown on the attached first and third year budgets. The attached estimated tax revenues based upon the 2009-2010 assessed values within the proposed District in conjunction with anticipated annual revenues from the Pinewood Country Estates Homeowner's Association of $200 per lot (for the 39 lots within the Homeowner's Association) demonstrates that it is feasible to raise the amount of revenue necessary to perform the functions of the proposed district. PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT BUDGET FOR FIRST AND THIRD YEAR SERVICES FIRST YEAR EXPENSE: 1. Post & Sign Maintenance $ 0 (County) 2. Grading & Gravel Additions $ 1,200 3. Snow Plowing $ 4,000 4. Dust Abatement $ 9,000 5. Legal Services $ 2,400 6. Liability Insurance $ 1,200 7. Administration Services - Postage, Software, Stationery, etc. $ 100 8. Reserve (future collector improvements) $ 700 $ 18,600 FIRST YEAR INCOME: 1. Deschutes County Assessment (exhibit A) $ 10,800 2. PWCE HOA Dues Contribution $ 7.800 $ 18,600 THIRD YEAR: 1. Post & Sign Maintenance $ 0 (County) 2. Grading & Gravel Additions $ 1,200 3. Snow Plowing $ 4,000 4. Dust Abatement $ 9,500 5. Legal Services $ 2,400 6. Liability Insurance $ 1,200 7. Administration Services - Postage, Software, Stationery, etc. $ 100 8. Reserve (future collector improvements) $ 200 $ 18,600 THIRD YEAR INCOME: 1. Deschutes County Assessment $ 10,800 2. PWCE HOA Dues Contribution $ 7.800 $ 18,600 PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT POSSIBLE PLAN FOR COLLECTOR TRAFFIC MANAGEMENT SCOPE: The Pinewood Country Estates Special Road District (PWCE SRD), upon approval and election by Deschutes County, would assume responsibility for grading, repairs and snow plowing of the roads within the boundaries of the district, including a road segment that is listed on the Deschutes County Transportation System Plan as a future collector road. The chief petitioners propose that the PWCE SRD would study the traffic patterns within the District's jurisdiction and establish a plan for upgrades to designated sections being used or proposed for use as a county collector. It is envisioned that the PWCE SRD would enlist the resources to establish road boundaries (survey), road upgrade design (engineering), and obtain RFQ (request for quotation) bids from qualified contractors for the proposed upgrades. Upgrades would, where allowed, include approved methods of traffic calming techniques to reduce excessive speeds and traffic noise. It is envisioned that the PWCE SRD would apply for a State of Oregon subsidized loan to finance the proposed collector improvements. The included financial statement assumes the costs associated with these improvements not to exceed $120,000 and proposes to use the budgeted reserves and debt service amounts to repay the State loan. S EL SECURITY DEPOSIT f ORS 1"-M FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION Q FORMATION ❑ ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION SAL DAD District No. of precincts in district 0 $ 000 per precinct = $ ICO (maximum of $10,000) total deposit PERSONVORGANIZATIONS PROVIDING ANY PART OF CAS YY~E DEPOSIT I. NAME (PM-1) ~(t Y ~,Y+ p ~srA Nt IGNATURE t RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) PO &K CITY, SPATE, ZIP CODE pQ 9-7707 AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* ® CASH ❑ BOND ❑ OT'HER SECURITY DEPOSIT 2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT IQND OF CONTRIBUnON:* ❑ CASH ❑ BOND OTHER SECURITY DEPOSIT 3. NAME (PRINK SIGNATURE .RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ CHIEF PETITIONERS OTHER SECURITY DEPOSIT I we hereby declare if the costs the attempted formation, annexation, withdrawal, or dissolution of ~StA ~ district exceed the deposit, I/we will pay to the unty treasurer the amount of the excess. costs (ORS 198.775). 1. NAME (PRINT) -11E~~► ' - SIGNATURE _ I RESIDENCE ADDRESS 1 T, s - DATE 1 l 3- 7.~ MAILING ADDRESS (IF DIFFERENT) PCk &on 3250 CITY, STATE, ZIP CODE SU~sRtO G~2 97707 DAY TELEPHONE 541 593-724Z- 2. 3. NAME (PRIlM RESIDENCE ADDRESS i 7y a t' S</A -a-wz~ MAILING ADDRESS (IF DIFFERENT) ePO jpX qy:~O- CITY, STATE, ZIP CODE o oil i F e, ,QP- 9 702 NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DATE _ Z DAY TELEPHONE SIGNATURE DATE DAY TELEPHONE *Provide additional descriotion of security dennaif nn raver-.P nr cPnara►n chPPfc_ Addi+innat mnfrihnfinrc may hp Hom [m senatate sheets and attached- NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding the proposed formation of the Pinewood Estates Special Road District will be held on Wednesday, January 6, 2010, at 10 a.m. in the Board of County Commissioners' Hearing Room, 1300 NW Wall Street, First Floor, Bend, Oregon. To view the boundaries of the proposed annexation, contact the Deschutes County Counsel's Office at 388-6623. The proposed formation shall be referred to as the "Pinewood Estates Special Road District". The purpose of the proposed district is to construct, improve and maintain the public roads contained within the district's boundaries and engage in the powers of the district authorized by ORS 371.336. The proposed Pinewood Estates Special Road District, if formed, will have a permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an estimated $12,598 in operating funds for the District in the 2010-2011 fiscal year. All interested persons may appear and be heard. Upon conclusion of this initial hearing, the Board will enter its order setting a final hearing. 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 TAMMY BANEY, Chair Page 1 of 1 - Exhibit B - ORDER NO. 2009-073 (11/30/09)