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1989-25273-Order No. 89-075 Recorded 9/28/1989REVIEWED 89-25273 L. CO�;NSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 0096 1824 An Order Approving Formation * of Black Butte Ranch Service * District, and Providing For Notice of Final Hearing. ORDER NO. 89-075 WHEREAS, a petition requesting formation of a servi,;,ev,,J, district to be known as Black Butte Ranch Service District was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on August 23, 1989; and WHEREAS, a public hearing was held on Wednesday, September 27, 1989, at 9:00 a.m., to hear the petition and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation and Devel- opment Goals, and the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by a formation of the district; and WHEREAS, after consideration of the economic, demographic, and sociological trends and projections pertinent to the pro- posal, 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 formation of the district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for Black Butte Ranch Service District be approved. Section 2. That the boundaries of said district are as described in Exhibit NA,ff attached hereto and by this reference incorporated herein. Section 3. That the applicable land use criteria pertinent to the proposed District formation, 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 cri- teria are described in Exhibit "B," attached hereto and by this reference incorporated herein. Section 4. That the district formed hereby shall be known as Black Butte Ranch Service District. 1 - ORDER NO. 89-075 0096 1825 Section 5. That a final hearing regarding formation of the District shall be held on Wednesday, October 18, 1989, at 10:00 a.m. in the Deschutes County Administration Building, 1130 N.W. Harriman, Bend, Oregon. Section 6. All interested persons may appear and be heard. Section 7. Upon conclusion 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 registered voters, whichever is the lesser number. Section 8. Notice of the final hearing, as shown in Exhibit NC,m attached hereto and by this reference incorpo- rated herein, shall be published and posted in accordance with ORS 198.730. DATED this day of September, 1989. ; AT T: ecording s6cre-f-ary 2 - ORDER NO. 89-075 BOARD OF COUNTY COMMISSIONERS CH J Y, OREGON ffis�,BgXSTOW RANTE, Chair TOMT�'�Od 11, iss-s-sioner _,J11oiUL _ - %, -1 __*7 'z __--I 1 101 � MAUDLIN, Coirkissioner IN THE BOARD OF COUNTY COMMISSIONERS In the Matter Of Formation of Black Butte Rench Service District OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES PETITION FOR FORMATION -EXHIBIT A 0096 1826 The proposed Black Butte Rench Service District shall be established within the following real property: In Township Fourteen ( 14) South, Range Nine (9), East of the Willamette Meridian, Deschutes County, Oregon. Section Nine (9): All of Section. Section Ten ( 10): The Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1 /4); the Southeast Quairter of the Northwest Quarter (SE 1 /4 NW 1 /4); the West Half of the Northwest Quarter (W 1 /2 NW 1 /4); the North Half of the Southwest Quarter (N 1 /2 SW 1 /4); the West Half of the Southwest Quarter of the Southwest Quarter (W 1 /2 SW 1 /4 SW 1 /4); the South Half of the South Half of the Northeast Quarter of the Northwest Quarter (S 1 /2 S 1 /2 NE 1 /4 NW 1 /4); the South Half of the Southwest Quarter of thi Northwest Quarter of go Northeast Quarter (S 1 /2 SW 1 /4 NW 1 /4 NE 1 /4); and, the Southwest Quarter of the Southeast Quarter of the Northwest Quarter of the Northeast, Quarter (SW 1 /4 SE 1 /4 NW 1 /4 NE 1 /4). Section Fifteen (15): The West Half (WI/2) of the Section EXCEPT the following deswibed parcel: Commencing at the South one quarter (S 1 /4) corner of the above said Section 15, thence North 00202'48" West 200.00 feet to the true point of beginning of this description; thence North 00902'48" West 175.00 feet; thence South 89957"12" West 100.00 feet; then South 00202'48" East 175.00 feet; thence North 89257' 12" East 100.00 feet to the true point of beginning and terminus of this description. Section Sixteen ( 16): The East Half of the Northeast Quarter (E 1 /2 NE 1 /4). Section Twenty -One (21 ): Described as follows - Beginning at a 3" brass cap In a 2 1/2" I.P, marking the Northeast corner of said Section 21 ; thence North 89231'06" West along the North line of said Section 21 a distance of 3721.86 feet; thence South 02'07'58" East along a line, 240 feet Easterly of and parallel with the North-South centerline of the NW 1/4 of said Section 2 1, a distance of 2664.94 feet to a point on the East-West centerline of Section 21; thence South 02 07'58" East along a line 240 feet Easterly of and parallel with the North-South centerline of the Southwest 1/4 of said Section 21 a distance of 1332.47 feet to a point on the East-West centerline of the SW 1/4 of said Section 2 1 ; thence South 892 46'56"East along the PETITION FOR FORMATION- EXHI BIT A ? 0096 1827 East-West centerline of the Southwest 1/4 of Section 21 a distance of 1078.36 feet to the center South 1/16 corner of said Section 21 Ahence South 899 46'56" East along the East -West centerline of the said SE 1/4 of said Section 21 a distance of 870.11 feet; thence North 639 5 V31 " East a distance of 1967.27 feet to a point on the East line of said Section 21, thence North 0202'14" West along the East line of Section 21 to the true point of beginning. Section Twenty -Two (22): The North Half of the North Half (N 1 /2 N 1 /2). Section Twenty -Three (23): The West one hundred seventy ( 170) feet of the Northwest one-quarter of the Northwest one-quarter (NW 1 /4 NW` 1 /4). Subject to all easements, restrictions, and rights of way of record. OC96 1828 EXHIBIT IIBII FINDINGS OF COMPATIBILITY WITH THE COUNTY COMPREHENSIVE PLAN FOR THE FOP14ATION OF THE BLACK BUTTE RANCH SPECIAL DISTRICT 1. Black Butte Ranch is a legally existing Destination Resort which complies with all applicable Land Use Regulations in Deschutes County. 2. The Black Butte Ranch Special District is being formed to improve the provision of necessary facilities and services including fire prevention and protection, security and law enforcement, sewage disposal, water supply, vector control, solid waste disposal and emer- gency medical services. 3. The Deschutes County Comprehensive Plan Year 2000 contains a Public Facilities and Services Section, which encourages the formation of special districts to satisfy the needs of the rural residents of Deschutes County. 4. The Public Facilities and Services Section of the Plan includes a Goal which states: Ill. To plan and develop timely, orderly and efficient arrangement of public facilities and services to serve as a framework for rural and urban develop- ment, and thereby a system or plan that coordinates the type, location and delivery of public facil- ities and services in a manner that best supports the existing and proposed land uses." 5. The formation of the Black Butte Ranch Special Service District satisfies this Goal by bringing several neces- sary facilities and services under a coordinated service district. It is clear that this will provide better coordination and efficiency than is possible without a special service district. 6. In conclusion, the creation of a special service dis- trict for an existing rural development is an improvement which is consistent with the Public Facilities and Services Section of the Deschutes County Comprehensive Plan. The subject proposal does not conflict with any Goals and Policies contained in the County Comprehensive Plan. The Deschutes County Comprehensive Plan was acknowledged by the Land Conservation and Development Commission in April of 1981 and conformation with the County Comprehensive Plan therefore fulfills the State-wide Land Use Planning Goals. BLACK BUTTE RANCH I OC96 1829 NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 1. A public hearing regarding the formation of Black Butte Ranch Service District will be held on Wednesday, October 18, 1989, at 10:00 a.m. in the Deschutes County Administration Building, 1130 N.W. Harriman, Bend, Oregon. 2. The boundaries of the proposed District are described on Exhibit NAO attached hereto and hereby incorporated by reference. 3. The purpose of the proposed special district is to acquire or construct, maintain, and operate the following service facilities specified in ORS 451.0110(3): a. Fire prevention and protection; b. Security services provided by contract with the Black Butte Ranch Association, an association of homeowners whose property is located entirely within the proposed boundaries of the district; C. Enhanced law enforcement services provided by contract with the Deschutes County Sheriff; d. Sewage works, including all facilities necessary for collecting, pumping, and disposing of sanitary or storm sewage; e. Water supply works and service, including all facili- ties necessary for tapping natural resources of domes- tic and industrial water, treating and protecting the quality of the water and transmitting it to the point of sale to any person, domestic water supply corpora- tion or other public or private agency for domestic, municipal, and industrial water supply service; Vector control; g. Solid waste disposal; and h. Emergency medical services, including ambulance services. 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 on or before the hearing by resident .voters within the District numbering not less than 15% of 1 - NOTICE OF FINAL HEARING EXHIBIT "C-1"