jun 20 1~o~ boo
TRANSCRIPT
\)_
Jl~ t'> :J -
Boo/<. /6J fa7e 3 Z3 BEFORE THE BOARD OF COMMISSIONERS
FOR TILLAMOOK COUNTYr OREGON
)
)
FILED JUN 20 1 ~o~
JOSEPHINE VELTB COUNTY CLERK
In the matter of annexing certain real property in the area of Pacific City Heights to the Pacific City Water
) Resolution/Order 89-_l~9-)
District. > District file # 440
This matter came before the Board of Commissioners upon the
petition of two property owners of a parcel in the Pacific City
Heights area in south Tillamook County. The petitioners seek to
have real property annexed to the Pacific City Water District.
A public hearing was held before the Board of Co~missioners
on June 7, 1989. Notice of that public hearing was duly made by
publication of a notice of the hearing in the Headlight-Herald, a
newspaper of general circulation in Tillamook County, Oregon. In
addition, notice was made by posting the notice of public hearing
in three public places near the area to be annexed. At the
public hearing, five Pacific City area residents appeared in
support of the annexation. No person appeared in opposition to
the annexation . No written comments in favor or opposed to the
annexation were received by the Board of Commissioners.
The affidavit of Paul Levesque as to the posting of notice
of public hearing and the affidavit of publication of public
hearing are attached hereto as exhibits to this order.
Being fully advised, the Board of Coamisaioners makes the
following findings of fact and order:
FINDINGS OF FACT
1. Water District annexations are governed by ORS
198.850 -- 198.860, and 198.800 -- 198.820.
2. The petitioners constitute a substantial number o£ the
electors and the owners o£ the property sought to be annexed to
the Paci£ic City District.
3. The property sought to be annexed lies entirely within
Tillamook County, Oregon.
4. The proposed annexation meets with the approval o£ the
Board o£ Directors of the Paci£ic City Water District, as
evidenced by the resolution of the District's board in £avor o£
annexation.
5. The property to be annexed consists primarily o£ rural
residential property in the area o£ Paci£ic City Heights, and the
two property owners are in £avor o£ the annexation. The area is
presently uninhabited.
6. The proposed annexation will have no adverse or
contradictory impact on the present land use ordinances and
comprehensive land use plan for Tillamook County and is
consistent with the Oregon statewide land use planning goals, as
the annexation will not allow any use o£ land which is
inconsistent with the above existing land use ordinances and
comprehensive plan.
7. Public notice of this proposed annexation was
published, and was made by publishing the notice £or a public
hearing be£ore the Board o£ Commissioners, including publication
of the legal description of the property to be annexed.
Additional notice of the public hearing was made by posting a
notice of hearing in three nearby public places and at the
Tillamook County Courthouse.
8. The public comments at the public hearing of the Board
of Commissioners were in favor of the annexation.
THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the real
property describes as follows in Tillamook County, State of
Oregon :
Beginning at the Northwest corner of Lot 1, Block 4, Fourth Addition to Pacific City Heights in Section 30, Township 4 South, Range 10 West of the Willamette Meridian; thence North 501.67 feet; thence East 433.63 feet to the one-sixteenth line; thence along the one-sixteenth line South 0 degrees, 01' 11" East 501.67 feet to a point East of the point of beginning, thence West 434.09 feet to the point of beginning.
are hereby annexed to and made a part of the Pacific City Water
District, and are subject to the outstanding indebtedness, bonded
or otherwise, of the District, as provided by law. Two
certified copies of this resolution and order shall be provided
to the Oregon Department of Revenue. One certified copy of this
resolution and order shall be provided to the Oregon Secretary of
State. One certified copy shall be filed with the Tillamook
County Clerk in the clerk's records pertaining to the District.
One certified copy shall be provided to the Tillamook County
Assessor. One certified copy shall be provided to the Pacific
City Water District.
The $100.00 deposit paid to the County Clerk is exonerated
and shall be returned by the Treasurer. The various county
departments which have incurred costs related to this annexation
shall prepare a statement of costs and a bill shall be submitted
to the Pacific City Water District, pursuant to ORS 198 . 775.
DATED June -L~-' 1989.
APPROVED AS "RM: _-
~~_(_ __ ~ ~----N~-c. Leme~~---District Attorney and County Counsel
THE BOARD OF COMMISSIONERS OF TILLAMOOK COUNTY, OREGON
--~-[1._~--------IDA A. LANE, Chairman
.t2~9iz~--------ROBERT B. MILES, Vice-Chairman
_') _._ fY\....._ Q ~ ~~-----~------------KENNETH M. BURDICK, Commissioner
, .
BEFORE THE BOARD OF COUNTY COMMISSIONERS
FOR TILLAMOOK COUNTY, OREGON
In the Matter of Annexation of) Land and Territories to the ) Pacific City Water District in) the Pacific City Heights Area )
STATE OF OREGON ) County of Tillamook )ss
Affidavit of Posting Notice
I, Paul Levesque, do depose and say that I am the Research Assistant to the Board of Commissioners for Tillamook County; that on the 26th day of May, 1989, I personally posted four (4) notices of Public Hearing, a copy of which is attached hereto, and by this reference made a part of this affidavit, at the following places, all in Tillamook county, to wit:
1) on the bulletin board inside the front door of Lew's Market in the vicinity of the proposed annexation;
2) at the outside front door of Nestucca Country Sporting Goods under the covered entry way in the vicinity of the proposed annexation;
3) inside T and J's Cafe on the wall next to the front corner in the . vicinity of the proposed annexation;
4) on the bulletin board of the County Courthouse, 201 Laurel Avenue, Tillamook, Oregon.
All such notices were posted in public and conspicuous places and in such a manner that they could be easily read by all persons passing such places.
~ Subscribed and sworn to before me this ;20 ~ day of May, 1989.
II •. :S.: ~ ; ••• - • ' .. I:: .. ~:. · .. J :·. .,
\1
COMMISSIONERS I. A. Lane R. B. Miles K. M. Burdick
Tillamook County Land of Cheese, Trees and Ocean Breeze
BOARD OP COMMISSIONERS Tillamook County Courthouse
(503)842-3403
201 Laurel Avenue, Tillamook, Oregon t7141
NOTICE OF PUBLIC HEARING REGARDING PROPOSED ANNEXATION OF LAND AND TERRITORY
TO THE PACIFIC CITY WATER DISTRICT
Notice is hereby given pursuant to ORS Chapter 198.840 that
a public hearing will be held in the Justice Courtroom, Tillamook
County Courthouse, 201 Laurel ~venue in Tillamook, Oregon on the
7th day of June, 1989 at the hour of 10:15 a.m. by the Board of
County Commissioners for Tillamook County for the purpose of
considering and acting on a petition that the hereinafter de
scribed real property in the contiguous territory proposed to be
annexed to the Pacific City Water District and become a part
thereof. The land and territory proposed to be annexed is more
particularly described as follows:
Beginning at the Northwest Corner of Lot 1, Block 4, 4th Addition to Pacific City Heights, in Section 30, Township 4 South, Range 10 West of the Willamette Meridian; thence North 501.67 feet; thence East 433.63 feet to the 1/16th line; thence along the 1/16th line South o· 1' 11 11 East 501.67 feet to a point East of the point of beginning; thence West 434.09 feet to the point of beginning.
All interested persons may appear and be heard.
{Continued)
AN EQUAL OPPORTUNITY EMPLOYER
. '
This notice is posted and published pursuant to a Board
action at its regular meeting on May 3, 1989, acting on a peti
tion to initiate an annexation of the territory above described
to said Pacific City Water District.
DATED this 17th day of May, 1989.
BOARD OF COUNTY COMMISSIONERS FOR TILLAMOOK COUNTY, OREGON
Ju. a.ff4·
Kenneth M. Burdick, Commissioner
Affidavit of Publication State of Oregon, County of Tillamook,-ss.
/, _ _,_P...ca:~...tL...J....t .:t-Y___~A:~..r.L.Lc..Lhua:um.UJ.Jh..cau' J..' J.L.Lt _______ being first duly
sworn, depose and say that I am the __ __..c-.L.l-t;e:.Jr~k~S.--------
o/ the Headlight-Herald. a newspaper of Reneral circulation as defined by Section 58, Oregon Laws, published in the af oresaid county and
state;that Ti ll amook Co un ty -b oard of Co mm
-----------------· a printed copy of which is hereto annexed, was published in the entire issue of said newspaper
for ___ -=2:....-_ ___,uccessive and consecutive weeks in the f ollo wing issues:
5- 24-89 ' 5 3 1-89
Subscribed and sworn to before me this _____ 3..L..l1....;.s:.....t~.....__day of
___________ M~+----• 1989
Notary Public/or Oregon
(Afy Commission expires -----#.l-'-!_r-_.)-"'---~--~9c...-.... c""·) _____ __,
Price CharRed/or this notice $-!::4t..!4:t....o.. • .-.~1.-~,8.~..,_ ___ _
(Copy of notice to be pasted here)
H·U·3U NOTICE OF
PUBLIC HEARING REGARDING PROPOSED ANNEXATION OF LAND
AND TERRITORY TO THE PACIFIC CITY WATER
DISTRICT Notice 11 he reby g iven
· 1>ursuant to ORS Chapte r 198 .840 that a public hearing
· wi ll be held In the Justi ce · Courtroom, Tillamook County - Courthouse , 201 Lau rel
Avenue In Tillamook, Oregon on the 7th day of June, 1989 at the hour of 10:15 a.m. by the Board of County Commisalonera for Tillamook County for the purpose of considerIng and acting on a petition th at the here i naf t e r deacribed rea l property in the contiguou s te rri tory propoaed to be annexed . to the Pacific Cj ty Water 011· tri c t and become a par t thereof. The land and terri· tory proposed to be annexed Ia more particularly described .-.lollowa~ . - , • . ,.. .. · ·
Beginning at the North· west Corner of Lot 1. Block 4 , 4th Add i tion to Pacif ic City Helghta, In Section 30, Townahlp 4 South , Range 10 Weal of the Wll la me tte Meridian; thence · No rth 501 .87 feet; thence East 433 .83 fee t to the 1/ 18th tine; thence along the 111 6th line South o• 1' 11" East 501 .87 feet to a point East of the poi nt of beg inning; thence Weal 434.09 feet to the point of beginning.
All interested persons may appear and be heard.
This notice Ia posted and published pursuant to a Board action at Ita regular meeting on May 3, 1989, acting on a P.eti tlon to Initiate an annexation of the terr itory above described to said Pacific City Water Dlatrlct.
DATED thla 17th day of May, 1989.
acwua=ca.MY co.t.'ISSD'£RS 1'00
. ~ca.MY.~
Ida A. Lane, Chairperson . Robert B. Mil es , Vice· Chairperaon
· Kenneth M. Burdick, Commiasioner
21·22