2010-154-Resolution No. 2010-017 Recorded 3/22/2010REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK CJ 2010'154
LEGAL COUNSEL
COMMISSIONERS' JOURNAL 03/22/2010 08:20:45 AM
I II (I III IIIIIIIIIIIIIIII AI
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Annexation of
Territory into the Howell's Hilltop Acres Special * RESOLUTION NO. 2010-017
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 ("Board") on February 24,
2010; a copy of which is attached as Exhibit "A" to Order 2010-023 and by this reference incorporated herein;
and, and
WHEREAS, ORS 371.305 requires that all territory in a special road district be contiguous; and
WHEREAS, the proposed territory to be annexed described in Order 2010-023 is not contiguous
because of a thirty (30) foot gap on the east side of 55`'' Street, which is legally described in Exhibit "A" and
depicted in Exhibit `B" attached to this resolution and incorporated by reference herein; and
WHEREAS, in order to allow for the annexation of the proposed territory described in Order 2010-023
by the March 31, 2010 required in ORS 308.225(2)(a), the Board must first initiate the annexation of the above
thirty (30) foot gap; and
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the Board
initiation no sooner than 20 days and no later than 50 days from the date of the initiation with notice 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,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The annexation to the Howells' Hilltop Acres Special Road District of the proposed
territory described in Exhibit "A" and depicted in attached Exhibit "B", both exhibits being attached and
incorporated by reference herein, is hereby initiated.
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 the hearing shall be given in the same manner as and may be combined with the
notice described in Section 3 of Order 2010-023.
Page 1 of 2 — RESOLUTION NO. 2010-017
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
Page 2 of 2 — RESOLUTION NO. 2010-017
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
G 1 v1�i
DENTMS R. LUKE, Chair
614", ` zVt- -"-
ALAN UNGER, Vice Chair
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TAMMY ANEY, Com ssioner
All that portion of Section 12, Township 15 South, Range 12 East, being the west 30 feet of the SE1/4 of
the NE1/4. Said portion lying within the east 30 feet of 55th Street as shown on the plat of Howell's Hill top
Acres, Deschutes County records."
Page 1 of 1 — Exhibit A to Resolution 2010-017
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Page 1 of 1- Exhibit B to Resolution 20'10-017 f-0
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