2010-149-Order No. 2010-023 Recorded 3/22/2010REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS ^ } 10l0~~4ri
NANCY BLANKENSHIP, COUNTY CLERK 1~J V+ ri
COMMISSIONERS' JOURNAL
II II II II IIIIIIIIIIIIIIIII 03/22/2010 0$;19;01 AM
LEGAL COUNSEL III
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. 2010-023
Farraggia Annexation into the Howells' Hilltop
Acres Special Road District.
WHEREAS, a petition requesting annexation of territory into the Howells' Hilltop Acres Special
Road District was duly filed with the Deschutes County Board of County Commissioners on February 24,
2010; a copy of which 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 time frame is March 31, 2010; 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. The petition for annexation to the Howells' Hilltop Acres Special Road District, a copy
of which is attached hereto as Exhibit "A" and incorporated by reference herein, is hereby accepted for
filing.
Section 2. A hearing regarding annexation to the district shall be held on Wednesday, March 31,
2010 at 10:00 a.m. at Deschutes Services Center, Barnes hearing room, first floor, 1300 NW Wall St,
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 16, 2010 and March 26, 2010, and posted on March 16, 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 district. Notices posted shall be for not less than five (5) consecutive days.
Page 1 of 2 - ORDER NO. 2010-023
Section 4. The Director of the Deschutes County Community Development Department shall cause
to be filed with this Board prior to March 31, 2010 (hearing date), a land use compatibility statement
regarding this proposed special district annexation as contemplated in ORS 197.175 and 198.850(2), and any
other applicable statutory authority.
Dated this 10th of March, 2010
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
/
DENNIS R. LUKE, Chair
a'&4" 616119-4"1-
ALAN UNGER, Vice Chair
JJ
TAMMY BANEY, Commi oner
Page 2 of 2 - ORDER NO. 2010-023
PETITION TO ANNEX PROPERTY TO
HOWELL HILLTOP ACRES SPECIAL ROAD DISTRICT
To: The Board of County Commissioners Deschutes County, Oregon
The undersigned, in support of this Petition, states as follows:
1. This petition for annexation is filed pursuant to ORS 198.705 to 198.955.
2. This annexation petition affects only Deschutes County and Howell Hilltop Acres Special Road
District.
3. The principal act for Howell Hilltop Acres Special Road District is ORS 198.7052 to 198.955
/ORS 371.305 to 371.360.
4. The territory that is subject to this Petition for Annexation is primarily inhabited. The attached
petitions in support of this annexation are signed by land owners and registered voters in the area
proposed to be annexed as indicated opposite their respective signatures, and that all signatures
were obtained on or after July 16, 2008.
5. It is requested that the proceedings be taken for annexation of said territory to Howell Hilltop
Acres Special Road District, Deschutes County, Oregon. A description of the boundaries of the
territory to be annexed is attached hereto and marked as exhibit A, and depicted on the map
attached as Exhibit B.
6. That said Petition has been signed by 100% of the owners of the land within the area proposed to
be annexed.
7. That the undersigned petitioner was specifically authorized by resolution of the Board of
Commissioners of the Howell Hilltop Acres Special Road District to file this petition for
annexation (a certified true copy of said resolution is attached hereto as Exhibit Q.
8. The name of the Road District remains the same. This petition only changes the area included in
the district. It otherwise complies with the principal act.
9, The territory to be annexed is not within the boundaries of another district of the same type nor is
it within the boundaries of any incorporated city.
10. By affixing their signatures to the resolution of the Board of Commissioners of Howell Hilltop
Acres Special Road District( see Exhibit Qtlte district agrees to accept the subject real property
into the district.
DATED this- aday of July, 2009.
Signature of Petitioner
Name: Tom Farraggia, Presi tG-p Acres Special Road District
address: 521 N.W. 53"' St.
Redmond, OR 97756
phone: 408-6240
Subscribed and sworn before me this,.-~-13 day of July, 2009. rFt~t~ Ct ~ J C y
1\, Pt"I7 .XY PUfi.IC-
MXOSIon P}0.4Q7.R~?.
res:
Page 1 of 7 - Exhibit A to Order 2010-023
EXHIBIT 9 ;4 "
A parcel of land situated in the Northeast 1/4 of Section 12, Township 15 South, Range 12 East
of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows
with reference to the plat of HOWELL ACRES;
Beginning at the Northwest corner of Lot 1, Block 6 of HOWELL ACRES,
Thence; North 0004'36" East along the northerly prolongation of the West line of said Lot 1, a
distance of 60.00 feet to the North right-of=way of Kingwood Avenue,
Thence; South 89°41'57" East along said North right-of-way, a distance of 315.57 feet to the
West right-of-way of 55°i Street,
Thence; South 89141'57" East along the easterly prolongation of the North right-of-way of
Kingwood Avenue, a distance of 30.00 feet to the cast Wundary of HOWELL ACRES
said boundary also being the centerline of 55" Street,
Thence; South 0°49'59" West along said East boundary, a distance of 1022,29 feet to intersection
with the easterly prolongation of the South line of Lot 1 Block 5 of HOWELL ACRES,
Thence; North 89°41'57" West along said prolongation, a distance of 30.00 feet to the Southeast
corner of said Lot 1,
Thence; North 89°41'57" West along the South line of said Lot 1, a distance of 228.34 feet,
Thence; North 0°49'04" East, a distance of 125.00 feet,
Thence; South 89°41'58" East, a distance of 75.00 feet,
Thence; North 0°49'04" East, a distance of 50.76 feet,
"Thence; South 89°41'57" East, a distance of'75.00 feet,
Thence; North 0°49'04" East, a distance of 125.00 feet to the South right-of=way ofJackpinc
Avenue,
Thence; North 0°18'03" East, a distance of 60.00 feet to the North right-of-way ofJackpinc
Avenue,
Thence; North 89°41'57" West along said North right-of-way, a distance of 227.86 feet to the
West line of Lot 2 Block 6 of HOWELL ACRES,
Thence; North 0°04'36" East along said West line, a distance of 300.75 feet to the Southwest
corner of Lot 1 Block 6 of HOWELL, ACRES,
Thence; North 0°04'36" East along the West line ofsaid Lot 1, a distance of300.75 feet to the
Point of Beginning of this description.
RECMEn`lS=eD
pROFEaacE
LAND SUFNEYOR
OREGON
JANUARY U, 20M
NORHEFrr W. VOLNY
585411-a
EXPIRATION DATE, 6/30/2010
Page 2 of 7 - Exhibit A to Order 2010-023
T
6' KINGWOOD AVENUE
30.00
15-12-12A-00500
LOT 1
BLOCK 6
15-12-12A-00600
LOT 2 (~~'Y
YV
~v
~O
JACKPINE AVENUE ii-210 6"0
LOT 1
15-12-12A-00701
LOT 1
BLOCK 5
30.00
3 of 7 - Exhibit A to Order 2010-027
LOT 2
E-,
W
Q4
rl)
t
1.0
LO rn
n14
~ N
BASIS OF BEARING
RECORD MEASUREMENTS OF (A)
GRAPHIC SCALE
0 50 100
( IN FEET ) 1 INCH = 100 FT.
REFERENCE MATERIAL
O
A - HOWELL ACRES (CS07637), BY E.G. MANSFIELD,
RECORDED 18 SEP. 1968
B - HOWELL'S HILL TOP ACRES (CS07647). BY E.G.
MANSFIELD, RECORDED 1 JULY 1970
B - CS04405 BOUNDARY SURVEY, BY NORMAN
NEWTON, DATED 9 JULY 1969
REFERENCE MATERIAL
A - HOWELL ACRES (CSO7637), BY E.G. MANSFIELD,
RECORDED 18 SEP. 1968
B - HOWELL'S HILL TOP ACRES (CS07647), BY E.G.
r
MANSFIELD, RECORDED 1 JULY 1970
8 - CS04405 BOUNDARY SURVEY, BY NORMAN
NEWTON, DATED 9 JULY 1969
NOTES
BEARINOS OF TAXLOT 701 HAVE BEEN ROTATED TO
FIT THE PLAT OF HOWELL ACRES
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
1 JANUARY 14, 2003
NORBERT W. VOLNY
58541LS
EXPIRATION DATE: 6/30/2010
10.00 ANNEXATION SKETCH
N89'4i'S7"W
~~T~ MONUMENTAL REVISIONS DATE
1=iN IURVEYING G &
Howell Acres Special Road District
ROAD N;PAQTWE-NT
I 1
r', ~ . t o ..I:G 7.4 t f I I u a 1 M. I>
Page bit Ato Order 2010-023.:,....,;.,.,,_:.;.,
L Cur~rn►~ ~tS~t¢~r-r'AQF.A frt+AW
HOWELL HILLTOP ACRES SPECIAL ROAD DISTRICT
Resolution No. jf
A RESOLI. TION OF THE BOARD OF COMMISSIONERS OF HOWELL
HILLTOP ACRES SPECIAL. ROAD DISTRICT TO ANNEX CERTAIN CONTIGUOUS
REAL PROPERTY INTO THE DISTRICT; AU`I HORIZ,ING THE PRESIDENT OF
T11E DISTRICT TO PETITION DES(:HUTES COUNTY TO ALLOW THE
ANNEXATION AND AUTHORIZING THE EXPENDITURE OF COSTS THEREFOR.
WHEREAS, the Board of Conlnlissioners ( hereinafter "Board') has determined that it is
in the best interests of the district to annex certain contiguous real properties into the district; and
WHEREAS. the Board of Commissioners (hereinafter the "Board") having held a
regularly scheduled meeting at which it was determined by majority vote of the Board that by
annexing, certain contiguous real properties to the district would increase the district's tax base
and lower costs to all Current members of the district and would improve the roads in the current
district; and
WHEREAS. the Board has obtained the consent ol'all legal owners ofsaid contiguous
real properties which are proposed to he annexed into I-lo\well's I lilltop Acres Special Road
District for the pllrpOSCS Of nlailltalllillg CO Lillty roads contiguous thereto; and
WHEREAS- the Board has previously noticed the nlenlbers of I-1OweWs Hilltop Acres
Special Road District O1 Its intention to annex certain contiguous real properties into the district
and having held a rlleeting to hear ally Obfections (hercto and there being none, said meeting
being properly noticed under the provisions of ORS Chapter 192;
NOW THEREFORE BE IT RESOLVED 13V T11 's BOARD OF
COMMISSION>r',RS FOR HOWELL HILLTOP ACRES SPECIAL ROAD DIS'T'RICT AS
FOLLOWS:
Section 1- President. Tom I•arraggIa, is directed to petition DCSClluteS C:OLInty to annex all of the
subject real properties as set forth in the attached '`Exhibit A" into the Howell Hilltop Special
Road District and that any costs asSOCiatCd with petitioning DCSChuteS C'OUnty to annex the real
property mentioned herein are hereby authorized and shall be paid for by the district.
Section 2- Che petition for annexation shall be filed as soon as prudent and that upon approval
by Deschutes C'otulty that said COI1tIL ll(lus real property set forth lit the attached "Exhibit A" shall
be annexed into I [owe] I's I lilllop Acres Special Road District and said real property shall be
subject to taxation for the pLll-poses of inaintaiiling certain COntigLIOLIS COLInty loads located within
the district.
Dated
RTIE EDIR COPY
7
X
Pa a Exhibit A to Order 2010-023
El t ell 1
Icretal.y
1 I'E:£LSLI I'CI'
Geof -ey J. Gokey
Attorney at Law
1011 S.W. nth street
Redmond. Oregon 97756-0103
Phone: 54)-923-1159
Fax•541-923.6718
e-mail: gokey@bendcable.com
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ORS 19s.7n
SECURITY DEPOSIT
pXv.5/19/93
FOR SPECIAL DISTRICT FORMATION OR REORGANIZA'TIO
❑ FORMATION ANNEXATION ❑ WIT'HDRAWAL DISSOLUTION
`
(~L W ~ ► I s (4, I f ~-cp S~ e tcc~ ArhZr et District
(maximum of ~ioaool
No. of precincts in district perpact= $ mays
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/
1. NAME (]PRINT) CURITY DEPOSIT
I.4 k I (S 41(1 SPe c d SIGMA 0 ?
RESIDENCE ADDRESS 12 fi'`'t ~ ~ r a LAO./ vvLOltc!
MAILING ADDRESS (IF DIFFERENT) { c aK i R. Y ? G'
CTTX, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
BOND ❑ OTHER SECURITY DEPOSIT
KIND OF CONTRIBUTION:* ❑ CASH ❑
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 CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ❑ CASH . F-1 BOND ❑ OTHER SECURITY DEPOSIT
CHIEF PE'IMONERS
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
14LU" 5 1; I94p Aef`s kec-'d ,(?Y-PQ 0 1S cc:/' district exceed the deposit,,I/we will pay to the county treasurer
the amount of the excess costs (OILS 198.775).
L NAME (PRINT) aeil) fte j 5 (-I' eASIGNATURE
RESIDENCE ADDRESS DATE :Z,122
MAILING ADDRESS (IF D NT)
CITY, STATE, ZIP CODE Vic: ~~d2Gyt r (1 2771st DAY TELEPHONE
2. NAME (PRINT) i e ` S'~. • rC ~e~. affNATURE
RESIDENCE ADDRESS 1 t'7 1V Lf1 ~7~ DATE "`7 2 z.
MAILING ADDRESS (IF D NT)
CITY, STATE, 21P CODE ~ %tc ~C~C l ? DAY TELEPHONE
3. NAME (PRINT) SIGNATURE
rRvrEaS'IDENCaEnA~DDRES~S~ n DATE
P -M
~ ' E~ 2cf r~ ev rr-t: r FvN<1ATR
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, "Farraggia Annexation into the Howell's
Hilltop Acres Special Road District," will be held on March 31, 2010, at 10:00 am in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
To view the legal description of the boundaries of the proposed annexation, contact the
Deschutes County Counsel's Office at 388-6623.
The purpose of the proposed annexation is to provide fire protection services for the area
proposed to be annexed. All interested persons may appear and be heard.
Deschutes County conducts public meetings in locations which are wheelchair accessible.
Deschutes County also provides reasonable accommodations for persons with disabilities. For
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours notice
of the request. Written information will be made available in large print or audio format. To
request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
To be published in The Bulletin: March 16, 2010 and March 26, 2010
To be posted: March 16, 2010
EXHIBIT B - ORDER No. 2010-023 (03/10/10)