HomeMy WebLinkAboutHilltop Acres SRD DocsDeschutes County Board of County Commissioner
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(541) 388-6570 — Fax (541) 385-3202 — www.deschutes.org
AGENDA REQUEST AND STAFF REPORT
For Board WORK SESSION of March 10, 2010
DATE: March 4, 2010
FROM: Laurie Craghead Legal 541-388-6593
TITLE OF AGENDA ITEM:
Consideration of Approval of and Signature on Resolution 2010-017, Initiating the Annexation
of Territory into the Howell's Hilltop Acres Special Road District, and Order 2010-023,
Accepting Petition and Setting Date For Public Hearing for Petition Filed for the Farraggia
Annexation into the Howells' Hilltop Acres Special Road District.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
On February 24, 2010, Tom Farraggia submitted a petition to annex 3 lots into the Howells'
Hilltop Acres Special Road District. ORS 371.305, however, requires that all territory within a
special road district be contiguous. The territory proposed to be annexed by Mr. Farraggia is not
contiguous with the existing district because of a 30 ft gap along the east side of 55th St.
Therefore, in order to annex Mr. Farraggia's proposed territory, the 30 ft gap must first be
annexed into the district.
ORS 308.225(2)(a) requires that the annexation be completed and copies of the Board's final
order approving the annexation arrive in the Oregon Department of Revenue's office no later
than March 31 in order for the district to be able to levy taxes on the lots in Mr. Farraggia's
proposed territory. In order to make that deadline and still be within the statutory timeline for
holding hearings under ORS 198.887(3), the Board must initiate the annexation of the 30 ft gap
and that initiation must be done by resolution.
FISCAL IMPLICATIONS: The County has incurred costs in creating the legal description
and the map of the 30 ft gap. Additionally, the County will incur costs in the required two
published notices for the public hearing and for the required posting of the notices. The costs of
the notices can be charged to Mr. Farraggia if the annexations fail. If the annexations are
approved, the County can charge the district for all costs.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign Resolution 2010-017 first, then approve and sign Order 2010-023
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENT:
Copies to Georgia Springer.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Annexation of
Territory into the Howell's Hilltop Acres Special
Road District.
*
*
RESOLUTION NO. 2010-017
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 -XXX 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 -XXX is not contiguous
because of a thirty (30) foot gap on the east side of 55th 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 -
XXX by the March 31, 2010 required in ORS 308.225(2)(a), the Board must first initiate the annexation of tide
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 th
notice described in Section 3 of Order 2010 -XXX.
///
Page 1 of 2 — RESOLUTION NO. 2010-017
Section 4, The Director of the Deschutes County Community Development Depai tment shall cause to
be filed with this Board prior to March 31, 2010 (hearing date), a land use compatibility statement regarding t its
proposed special district annexation as contemplated in ORS 197.175 and 198.850(2), and any other applical.le
statutory authority.
Dated this 10th of March, 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Page 2 of 2 — RESOLUTION NO. 2010-017
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 Tying within the east 30 feet of 55`h 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 2010-017
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REVIEWED
LEGAL/COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date For
Public Hearing for Petition Filed for the
Farraggia Annexation into the Howells' Hilltop
Acres Special Road District.
*
*
*
ORDER NO. 2010-023
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 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN LINGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
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 attache I
petitions in support of this annexation are signed by land owners and registered voters in the arc a
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 lo
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 C).
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 C)the district agrees to accept the subject real propert/
into the district.
DATED this jr day of July, 2009.
Signature of Petitioner
�..(
Name: Torn Farraggia, Presiiw 1i f6 -p Acres Special Road District
address: 521 N.W. 53"' St.
Redmond, OR 97756
408-6240
phone: 22
Subscribed and sworn before me this., 7 day of July, 2009.
Page 1 of 7 - Exhibit A to Order 2010-026
Nota
*OFFICIAL SEAL
GEOFFREY 3 GOKEY
NCITAFSY PUBLIC- OREGON
COW,,Mraszt7►i NO, 402151
COMMISSIQMEXPI F.B ►2 2010
•
"or; r r_ or I
]res:
EXHIBIT i'X "
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 0°04'36" 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 55th Street,
Thence; South 89°41'57" East along the easterly prolongation of the North right-of-way of
Kingwood Avenue, a distance of 30.00 feet to the east boundary 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 75.0(} 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 of lackpine
Avenue,
Thence; North 0°18'03" East, a distance of 60.00 feet to the North right-of-way ofJackpine
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°(}4'36" East along the West line of said Lot 1, a distance of 300.75 feet to the
Point of Beginning of this description.
REQISTSREO
PROFESSIONAL
LAND SURVEYOR
OREGON
JANUARY 14, 2003
NORT W. VOLNY
58541L8
EXPIRATION OATE 6/30/2010
Page 2 of 7 - Exhibit A to Order 2010-026
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Page 3 of 7 - Exhibit A to Order 2010-0'34
LOT 2
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BASIS OF BEARING
RECORD MEASUREMENTS Or (A)
GRAPHIC SCALE
0 50 10(.
( IN FEET ) 1 INCH = 100 FT.
A - HOWELL ACRES (C507637), BY E.G, FIANSFELD,
RECORDED 18 SEP. 1968
B - HOWELL'S HILL TOP ACRES (CS07647), BY E.G.
MANSFIELD, RECORDED 1 JULY 1970
B - CSO4405 BOLIZARY SURVEY, BY NORMAN
NEWTON, DATED 9 JULY 1969
REFFI,BENCE MATERIAL
A - HOWELL ACRES (CS07637), BY E.O. MANSFELD,
RECORDED 18 SEP. 1968
B - HOWELL'S FILL TOP ACRES (CS07647), BY E.G.
MANSFIELD, RECORDED 1 JULY 1970
B - CS04405 BOUNDARY SURVEY, BY NORMAN
NEWTON, DATED 9 JULY 1969
NOTES
BEARINGS OF TAXLOT 701 HAVE BEEN ROTATED TO
FIT THE PLAT OF HOWELL ACRES
1
REGISTERED
PROFESSIONAL
LAND SURVEYOR
L
OREGON
JANUARY 14, 20( 3
NORBERT W. VOI .NY
58541LS
J
1 EXPIRATION DATE; 6/3+)/2010
ANNEXATION SKETCH
DATE
14t. MONUMENTAL REV15fONS I
Howell Acres Special Road District
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Page 4 bit A to Order 2010-026 -•
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HOWELL HILLTOP ACRES SPE(:'IAL ROAD DISTRICT
Resolution No. /
A RESOLUTION OF THE BOARD OF C'OMMISSiONERS OF HOWELL
IDLLTOP ACRES SPECIAL ROAD DISTRICT TO ANNEX CERTAIN CONTIGUOUS
REAL PROPERTY INTO THE DISTRICT; AUTHORIZING THE PRESIDENT OF
i'JIE DISTRICT TO PETITION DESCHUTES COUNTY TO ALLOW THE
ANNEXATION AND AUTHORIZING THE EXPENDITURE OF COSTS THEREFOR.
WHEREAS, the I3oard of Commissioners ( 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 of all legal owners of'said contiguous
real properties which are proposed to he annexed into Howell's f 1illlop Acres Special Road
District for (he purposes of maintaining county roads contiguous thereto; and
WHEREAS. the 13oard has previously noticed the members of Howell's Hilltop Acres
Special Road District of Its intention to annex certain Contiguous Peal properties into the district
and having held a meeting to hear any objections thereto and there being none, said meeting
being properly noticed under the provisions of ORS Chapter 192;
NOW 'THEREFORE 13E IT RESOLVED BY 'i'1.IE BOARD OF
COMMISSIONERS FOR HOWELL 11I1.,L 1'OP AURIS SPECIAL ROAD DISTRICT AS
F()LL,()WS:
Section I- President, "l'om Farraggia, is directed t0 petition Deschutes County to annex all of the
subject real properties as set forth in the attached "Exhibit A" into the Howell Hilltop Special
Road 1)i1rict and that any costs associated with petitioning Deschutes County to annex the real
property mentioned herein are hereby authorized and shall be paid for by the district.
Section 2- The. petition for annexation shall be filed as SOOn as prudent and that upon approval
by Deschutes C.Gounty that said contiguous real property set forth in the attached "Exhibit A" shal
be annexed into Howell's 1 lilltop Acres Special Road District and said real property shall be
subject to laxation for the purposes of maintaining certain contiguous county roads located within
the district. •
Dated -7(2-7-100 .
141F1ED
.COPY
Palle 'i' - Exhibit A to Order 2010-026
5ecretlry
Treasurer
Geotli >y .1. Gokey
Atm, ney at Law
1011 S F/. 171h Street
Redmond, ( regon 97756-0103
Phone 541.923-1159
Fax' 11973.6718
e•malk goki y@bendcable com
Page 6 of 7 - Exhibit A to Order 2010-026
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Page 6 of 7 - Exhibit A to Order 2010-026
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sst.704
REV. 5/14/93
SECURITY DEPOSIT
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
fI FORMATION Lgi ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION
t kt� we 11 's I f %0(3C''S' S' p e c' (I , 4 Ot Oyu c r District
No. of precincts in district @ $ per precinct =$t (maximum of $10,000)
ORS 198.775
PERSONS/ORGANIZATIONS PROVIDING ANY OF CA.SH/SECURITY DEPOSIT
. NAME (PRINT) ktie 1 t S 41(1 g.e s' S`Pe c •( SIGNA
RESIDENCE ADDRESS -7 Q m (1?2 a4f4' (c, 3472
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, Z1P CODE '' c U>ti Uvt , U rt ' 7 7
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ❑ CASH D BOND ❑ OTHER SECURITY DEPOSIT'
/VW
F .'(VVta1t Lj? `7 7is-
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAII.ING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* fl CASH ❑ BOND ❑ OTHER SECURITY DEPO:irr
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
'WAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ❑ CST ❑ BOND ❑ OTHER SECURITY DEPOSIT'
CHIEF PETITIONERS
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
l i:"we 11 S tke /bit's 5ncc. a'e piio0 15.c el district exceed the deposit,1/we will pay to the county treasurer
the amount of the excess costs (ORS 198.775).
1. NAME (PRINT) ' /0 142 {- i gtj,te •- !fie; c; SIGNA_
RESIDENCE ADDRESS < "d 1 A)ici 5 4-'` DATE Z! f
MAILING ADDRESS (IF D
CITY, STATE, ZIP CODE -ec 10644 Or 70 DAY TELEPHONE
2. NAME (PRINT) l e ' _ . f'NAT URE
RESIDENCE ADDRESS t t 7 NW L•pcitt DATE '
MAILING ADDRESS OF D
CITY, STATE, ZIP CODE �t l4t4-PK/K 0?7, DAY TELEPHONE
3. NAME (PRINT)
RESIDENCE ADDRESS
AR��I'nTl� ATPR
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SIGNATURE
DATE
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