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Home My WebLink AboutHearing - Howells Hilltop Annex Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 31, 2010 _____________________________ Please see directions for completing this document on the next page. DATE: March 25, 2010. FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2010-024 Approving the Farraggia and Board of County Commissioners’ Initiated Annexation into the Howell’s Hilltop Acres Special Road District. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On March 10, 2010, the Board signed Order no. 2010-023 scheduling the approval hearing on March 31, 2010, on a petition by Tom Farraggia to annex three lots into the Howell's Hilltop Acres Special Road District. Additionally, the Board approved Resolution 2010-017 initiating the annexation into the district of a 30-foot strip of road between the Farraggia annexation and the existing district boundary in order to assure that the lots will be contiguous as required by 371.305. The Board must hold a hearing on the annexation. The Board must approve the annexations if the Board finds that the property can be served by the district and the annexations comply with the County's comprehensive plan and land use regulations. Attached is the memorandum of Paul Blikstad, Deschutes County Senior Planner, confirming his opinion that the annexation is in compliance with the County's comprehensive plan and land use regulations. Both annexations have been combined into Order No. 2010-024. Because the petition for the annexation was signed by 100% of the land owners and, if at least 15 % of the people in the district do not request an election regarding the 30-foot strip, no election regarding the annexation request is required. FISCAL IMPLICATIONS: If the annexations are approved, the statutes allow for the County to charge the district for the county's costs in processing the annexation. In the past, the only charges that the Board has requested from districts are the publication costs. The Board has not charged the Legal Department staff time in preparing the documents and staffing the hearings. RECOMMENDATION & ACTION REQUESTED: Conduct the public hearing, approve and sign Order 2010-024. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Georgia Springer. Page 1 of 2- Order No. 2010-024 (03/31/10) For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Farraggia and Board of County Commissioners’ Initiated Annexation into the Howell’s Hilltop Acres Special Road District * * * ORDER NO. 2010-024 WHEREAS, a petition requesting annexation of territory into the Howell’s Hilltop Acres Special Road District was duly filed with the Deschutes County Board of County Commissioners(“Board”) on or about February 25, 2010; and WHEREAS, the Deschutes County Clerk’s Office verified that the annexation petition was signed by the real property owner within the area to be annexed; and WHEREAS, on February 25, 2010, the Board approved Resolution 2010-024 initiating the annexation of additional territory; and WHEREAS, the Board held a public hearing on March 31, 2010, to hear the petition and the Board initiated annexation propose and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals and the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by annexation of said territory into the Howell’s Hilltop Acres Special Road District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Farraggia petition attached to and referenced in Order No. 2010-023 and the Board initiated annexation referenced in Resolution 2010-024 for annexation into the Howell’s Hilltop Acres Special Road District are hereby incorporated by reference and is approved. Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit “A” and depicted on the map marked Exhibit “B” of the Farraggia Annexation and as set forth, shall be known as the “Farraggia Annexation.” Section 3. That the applicable land use criteria pertinent to the proposed Annexation, the facts found by the Board and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit “C,” attached to the petition hereto and by this reference incorporated herein. Section 4. That the territory included in the Farraggia Annexation is declared to be annexed into the Howell’s Hilltop Acres Special Road District as of the date of this Order. Section 5. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor’s Office, and the Howell’s Hilltop Acres Special Road District. REVIEWED ______________ LEGAL COUNSEL Page 2 of 2- Order No. 2010-024 (03/31/10) Section 6. The purpose of this District is to provide road services within the District. Dated this March 31, 2010 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ______________________________________ DENNIS R. LUKE, CHAIR ______________________________________ ALAN UNGER, VICE CHAIR ATTEST: ______________________________________ Recording Secretary _____________________________________ TAMMY BANEY, COMMISSIONER Page 1 of 1 – Exhibit A to Order 2010-024 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. And Howell Acres Road District ~~--------r---------- 1 ___ . __ _ '.," ~. ,;): -;.' ".-. ,:, ",'" ;', ,,', .•. ';;~ :"-.'i ; ..... ;. '".;;. ;:~,o;, \, ;-;;" :':::; I., ,;.~ ,; ;,'.;". ::;!.'o"'· ... ,;-:,::~,', ",: ;, ...... "u" m lUr'ren~~~~~~ Aft.A 8. p~~~A~Ud.".., Page 1 of 3 - Exhibit B to Order 2010-024 1 6B1,e I KINGWOOD A VENUE 15-12-12A-00500 LOT 1 BLOCK 6 15--12-12A-00600 0 LOT 2 d? ~ V ~~ ~ :"WB -, _.". ___ L.. ___ -'N:!!8~~;~~lij,:~Z:.l!"W!.....----.--.!-......J l" 8 0 JACKPINE A VENUE "1' ~ ffiBB ~ ID f LOT 1 loJ 589"41'57-£ ~ 75.00 .~~ b ~ 15-12-12A-00701 SBS'41'57"EZ 75.00 LOT 1 BLOCK 5 \i} ~ D ~ ~ () h ~ t:3 ::r:: ,\i} :j ~ () ::r:: -,- BASIS OF BEARING RECORD MEASUREMENTS OF (A) GRAPHIC SCALE 01-) _5:.0 .-r ( IN FEET) 1 lNCH 100 FT. REFERENCE MATERTAI, A _ HOW'ELL ACRES <CS07$37), BY E.G. HANSFELO. KECORDE'O 18 SEP. 196B 8 _ HOWELL'S HlL TO? ACRES (CS07647), BY E.G. MANSFiElD, REccnoED 1 JJ:. 'l' 1970 8 _ CS044l5 BOlNJARY suRV£Y, BY NORMAN NEWTON, DATED 9 JlJ... Y 1969 REFERENCE MATERIAL, A _ HOWEU, ACflES (CS07637), BY LG. MANSF£LD, RECOROEO 18 SEP. 1968 B _ HOWELL'S HLl TOP ACRES (CS07647), BY E.G. MANSfiELD, RECffiDEO 1 ..u Y 1970 8 _ CS04<X:15 BOlN)ARY SURVEY. BY NORMAN NEWTCf-I, DATED 9 JLl Y 1969 NOTES BEARlt'BS oF' T AXLOT 701 HAVE BEEN ROTATED TO FIT 1ft PLAT Ct" HOWELL ACRES REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 14, 2003 NORBERT W. VOLNY 58541LS I EXPIRATION DATE'6/30/20l0 N89'41'57 H W -~------~~22~8.~34~-------b30~.DD \ ___ ~A~N~N~E~X~A~T~10~N~~S~K~E~T~C~H~ ____ -4 N89'41'57"W r-~MONUMENTAl I REVIS>DNS DATE LOT 2 f"~ -~ ,{URVEYING & It===========1====::l Page 2 of 3 - Exhibit B to Order 2010-024 PE N D I N G AN N E X A T I O N EXIS T I N G H O W E L L H I L L T O P S P E C I A L R O A D D I S T R I C T PROPOSED ANNEXATION WEST 30FT SE1/4 NE1/4 151212A0151212A0 151212D0151212D0 04700 02300 04701 0230000200 00900 00201 02200 02100 00500 04500 02501 04600 02000 03400 02400 01100 00400 00500 00600 042000410003800 00100 00800 03300 01300 01300 03100 0440001200 04300 02200 0320002100 03600 03700 03500 04000 02600 02300 02200 01900 01800 00901 00303 00700 00701 00307 03901 03900 02400 00300 01400 01400 01500 01900 57 T H 55 T H 53 R D 51 S T JACKPINE HEMLOCK KINGWOOD PROPOSED ANNEXATION HOWELL HILLTOP ACRES SPECIAL ROAD DISTRICT Pa g e 3 of 3 - Ex h i b i t B to Or d e r 20 1 0 - 0 2 4 Page 1 of 1 - Exhibit C to Order 2010-024