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1986-05365-Order No. 86-026 Recorded 3/21/1986R 86- 5365 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE An Order Approving the Annexation of Territory to LaPine Special Sewer District,* and Providing For Notice of Final Hearing. ORDER NO. 86-026 WHEREAS, a petition requesting annexation of LaPine Special Sewer District was duly filed with County Commissioners of Deschutes County, Oregon, 1986; and VOL 71 FACE 390 y'="t territory ttb 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. 86-026 voL 71 PAGE 301 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 "C", attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this 9 day of%Q/c,G',/2 , 1986. `ATTEST: Recording Secretary 2 - ORDER NO. 86-026 BOARD OF COUNTY COMMISSIONERS OF DSCHUT COOUNTYY,,— ,7EGON Z-57 !CcY/ L LOIS BRISTOW PRANTE, Chairman LAURE E A. UT LE, Commissioner DTeX-MAUDLI , C mmissioner , t EXHIBIT "'A' VOL 71 PAGE 302 LAPINE SEWER DISTRICT Annexation of the following described property into the Lapine Special Sewer District: A portion of the Southwest one-quarter of the Northwest one-quarter (SW4, NW4) and the Southeast, one- quarter of the Northwest one-quarter (SE4, NW4) of Section 14, Township 22 South, Range 10 East, Willamette Meridian, Des- chutes 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 of Finley Butte Road 1000.0 feet, more or less, to a point that is due South of the Easterly right-of-way line of Bonnie Road said point further being the true point of beginning; thence leaving said Southerly right-of-way line of Finley Butte Road and along said East- erly right-of-way line of Bonnie Road in a Northerly dir- ection 1080 feet, more or less, to a point on the Southerly right-of-way line of W. Foss Road; thence leaving said Easterly right-of-way line of Bonnie Road and along said Southerly right-of-way line of W. Foss Road in an Easterly direction 975 feet, more or less, to a point on the Easterly right-of-way line of Evans Road; thence leaving said South- erly right-of-way line of W. Foss Road and along said East- erly line of Evans Road in a Southerly direction 1080 feet, more or less, to a point on the said Southerly right-of-way line of Finley Butte Road; thence leaving said Easterly right-of-way line of Evans Road and along said Southerly right-of-way line of Finley Butte Road in a Westerly dir- ection 975 feet, more or less, to the point of beginning. VOL 71 FACE 303 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. EXHIBIT "C„ VOL `1 FACE 304 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 CHUB COUNTY, GON -'LOIS BRISTOW PRANTE, Chairman To be published in the "Bulletin": March 26, April 2, 1986 To be posted: March 26, 1986 1 ' EXHIBIT VOL 71 PAGE 305 LAPINE SEWER DISTRICT Annexation of the following described property into the Lapine Special Sewer District: A portion of the Southwest one-quarter of the Northwest one-quarter (SW41 NW4) and the Southeast one- quarter of the Northwest one-quarter (SE4, NW4) of Section 14, Township 22 South, Range 10 East, Willamette Meridian, Des- chutes 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 of Finley Butte Road 1000.0 feet, more or less, to a point that is due South of the Easterly right-of-way line of Bonnie Road said point further being the true point of beginning; thence leaving said Southerly right-of-way line of. Finley Butte Road and along said East- erly right-of-way line of Bonnie Road in a Northerly dir- ection 1080 feet, more or less, to a point on the Southerly right-of-way line of W. Foss Road; thence leaving said Easterly right-of-way line of Bonnie Road and along said Southerly right-of-way line of W. Foss Road in an Easterly direction 975 feet, more or less, to a point on the Easterly right-of-way line of Evans Road; thence leaving said South- erly right-of-way line of W. Foss Road and along said East- erly line of Evans Road in a Southerly direction 1080 feet, more or less, to a point on the said Southerly right-of-way line of Finley Butte Road; thence leaving said Easterly right-of-way line of Evans Road and along said Southerly right-of-way line of Finley Butte Road in a Westerly dir- ection 975 feet, more or less, to the point of beginning.