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1986-05364-Order No. 86-024 Recorded 3/21/198686- 5364 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Order Approving the Annexation of Territory to LaPine Special Sewer District,* and Providing For Notice of Final Hearing. ORDER NO. 86-024 REViEWE LEGA CQUNSEL DESCHT3TES, CurNTY, ORE N WHEREAS, a petition requesting annexation of LaPine Special Sewer District was duly filed with County Commissioners of Deschutes County, Oregon, 1986; and WHEREAS, a public hearing was held on Wednesday, March 19, 1986, to hear the petition 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 the annexation to the District; and WHEREAS, after consideration of the economic, demographic, and sociological trends and projections pertinent to the propos- al, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the petition, the Board is of the opinion that the area would be benefited by annexation of the said territory to the said sewer district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to LaPine Special Sewer District be approved. Section 2. That the boundaries of the territory annexed to the said sewer district are as described in Exhibit "A", attached hereto and by this reference incorporated herein. 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 ther requirements of the applicable land use criteria are described in Exhibit "B", attached hereto and by this reference incorporated herein. 1 - ORDER NO. 86-024 FAv-P294 territory to the Board of on January 30, WHEREAS, a public hearing was held on Wednesday, March 19, 1986, to hear the petition 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 the annexation to the District; and WHEREAS, after consideration of the economic, demographic, and sociological trends and projections pertinent to the propos- al, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the petition, the Board is of the opinion that the area would be benefited by annexation of the said territory to the said sewer district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to LaPine Special Sewer District be approved. Section 2. That the boundaries of the territory annexed to the said sewer district are as described in Exhibit "A", attached hereto and by this reference incorporated herein. 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 ther requirements of the applicable land use criteria are described in Exhibit "B", attached hereto and by this reference incorporated herein. 1 - ORDER NO. 86-024 VOL 71 PAGE 295 Section 4. That a final hearing regarding annexation to the special sewer district shall be held on Wednesdeay, April 9, 1986, at 10:00 a.m. in the Deschutes County Courthouse Annex, Bend, Oregon. Section 5. All interested persons may appear and be heard. Section 6. Upon conclusion of the final hearing, the Board will enter its final order for annexation to the special sewer district unless written requests for an election are filed at or before the hearing by resident voters within the district, numbering not less than 15% of the registered voters, or 100 registered voters, whichever is the lesser number. Section 7. Notice of the final hearing, as shown in Exhibit attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this NtA� day of 1986. BOARD OF COUNTY COMMIS IONERS OF CHUT, CO NTY,,'0 GON `� LOIS BRISTOW PRANTE, Chairman `� �� ATTEST: LAURE E TU LE, Commissioner Record ng Secretary DLI , C mmissioner 2 - ORDER NO. 86-024 EXHIBIT "N' VOL 7t FACE 296 LAPINE SEWER DISTRICT Annexation of the following described property into the Lapine Special Sewer District: A portion of the Northwest one-quarter of the Southwest one-quarter (NW4, SW4) of Section 14, Town- ship 22 South, Range10 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Commencing at the West one-quarter (W4) corner of said Section 14; thence in an Easterly direction along the Southerly right-of-way line of Finley Butte Road 325.0 feet to.the Northeast corner of Lot 31, Government Home - site Tracts, said point further being the true point of beginning of this description; thence in.an Easterly direction along said right-of-way line 650.0 feet to the Northeast corner of Lot 29, of said Government Home - site Tracts; thence in a Southerly direction 1339.0 feet, more or less, to the Southeast corner of Lot 58 of said Government Homesite Tracts; thence in a Westerly dir- ection 975.0 feet, more or less, to the Easterly right- of-way of Pengra Huntington Road, said point further being the Southwest corner of Lot 56 of said Government Homesite Tracts; thence in a Northerly direction along said right-of-way 1166.0 feet to the Southwest corner of Lot 31 of said Government Homesite Tracts; thence in an Easterly direction along the Southerly line of said Lot 31 a distance of 263.0 feet to the Southeast corner of said Lot 31; thence in a Northerly direction along the Easterly line of said Lot 31 a distance of 200.0 feet to the point of beginning. VOL A FACE 297 EXHIBIT "B" FINDINGS OF FACT 1. The annexation to the special district will provide the opportunity to extend sewer services to properties which are committed to urban density development in the LaPine Rural Service Center. 2. The LaPine Water Study and the Oregon Department of Environ- mental Qualtiy require the serving of this annexation area because subsurface waste disposal is contaminating the aquifer which provides drinking water in the annexation area. 3. The annexation is in conformance with the Deschtues County Year 2000 Comprehensive Plan Policies 27 and 36, and the Exceptions Area Plan. vaL 71 FAcE 298 EXHIBIT "C" NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 1. A public hearing regarding the annexation of territory to LaPine Special Sewer District will be held on Wednesday, April 9, 1986, at 10:00 a.m. in the Deschutes County Courthouse Annex, Bend, Oregon. 2. The boundaries of the proposed district are described in Exhibit "A" attached hereto. 3. The purpose of the proposed annexation of territory to the district is to provide sanitation facilities and services for the inhabitants of the territory to be annexed. 4. All interested persons may appear and be heard. Upon con- clusion of the final hearing, the Board will enter its final order creating the district, unless written requests for an election are filed at or before the hearing by resident voters within the district numbering not less than 15% of the registered voters, or 100 voters, whichever is the lesser number. DATED this day of , 1986. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON LOIS BRISTOW PRANTE, Chairman To be published in the "Bulletin": March 26, April 2, 1986 To be posted: March 26, 1986 EXHIBIT A } . VOL 71 FA,E 299 LAPINE SEWER DISTRICT Annexation of the following described property into the Lapine Special Sewer District: A portion of the Northwest one-quarter of the Southwest one-quarter (NW4, SW4) of Section 14, Town- ship 22 South, RangelO East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Commencing at the West one-quarter (W4) corner of said Section 14; thence in ar Easterly direction along the Southerly right-of-way line of Finley Butte Road 325.0 feet to the Northeast corner of Lot 31, Government Home - site Tracts, said point further being the true point of beginning of this description; thence in.an Easterly direction along said right-of-way line 650.0 feet to the Northeast corner of Lot 29, of said Government Home - site Tracts; thence in a Southerly direction 1339.0 feet, more or less, to the Southeast corner of Lot 58 of said Government Homesite Tracts; thence in a Westerly dir- ection 975.0 feet, more or less, to the Easterly right- of-way of Pengra Huntington Road, said point further being the Southwest corner of Lot 56 of said Government Homesite Tracts; thence in a Northerly direction along said right-of-way 1166.0 feet to the Southwest corner of Lot 31 of said Government Homesite Tracts; thence in an Easterly direction along the Southerly line of said Lot 31 a distance of 263.0 feet to the Southeast corner of said Lot 31; thence in a Northerly direction along the Easterly line of said Lot 31 a distance of 200.0 feet to the point of beginning.