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1989-25461-Order No. 89-061 Recorded 10/2/1989REVIEWED 894A462 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving Formation of LaPine Park and Recreation District, and Providing For :-A Notice of Final Hearing. ORDER NO. 89-061 WHEREAS, a petition requesting formation of a park,�an&� recreation district, to be known as LaPine Park and Recreation District, was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on August 9, 1989, and WHEREAS, a public hearing was held on Wednesday, September 13, 1989, 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 cri- teria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by a formation of the district; and WHEREAS, that hearing was continued to Wednesday, September 27, 1989, to a location within the proposed district; and WHEREAS, the Board having considered whether certain property in the proposed district boundary would be benefited by the formation of the district and finding that certain property would not be benefited by the 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 as modified 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 LaPine Park and Recreation District be approved. Section 2. That the boundaries of said district as modified by this Order are as described in Exhibit NA," attached hereto and by this reference incorporated herein. 1 - ORDER NO. 89-061 CP96 1862 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 NB,m attached hereto and by this reference incorporated herein. Section 4. That the district formed hereby shall be known as LaPine Park and Recreation District. Section 5. That a final hearing regarding formation of the district shall be held on Monday, October 23, 1989, at 3:00 p.m., in the LaPine Community Park Building, corner of Walling Lane and Finley Butte Road, LaPine, 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 "C," attached hereto and by this reference incorpo- rated herein, shall be published and posted in accordance with ORS 198.730. DATED this '1�day of October, 1989. ATTEST: Recording Secretary 2 - ORDER NO. 89-061 BOARD OF COUNTY COMMISSIONERS OF D ,�SCHUTES COU7�, OREGON G -LOIS BRISTOW PRANTE, Chair TOM 01) C issioner ;pqm DIICK MAUDLfN,c6 i�ssrtrn-6-r­ UU96 1,863 EXHIBIT NA" LEGAL DESCRIPTION FOR LAPINE PARK AND RECREATION DISTRICT A tract of land situated in the southerly portion of Deschutes County and more particularly described as follows: Beginning at the Southwest corner of Section 35, Township 22 South, Range 9 East, W.M., said point being on the Deschutes/ Klamath County line; thence northerly along the west line of Section 35 to its Northwest corner; thence easterly on the northerly line of Section 35 to the Southwest corner of Section 25; thence northerly along the west line of Section 25 to its Northwest corner; thence easterly along the northerly line of Section 25 to the Southwest corner of Section 19, Township 22 South, Range 10 East, W.M.; thence northerly along the west line of Sections 19 and 18, township 22 South, Range 10 East, W.M., to the Southeast corner of Section 12, Township 22 South, Range 9 East, W.M.; thence westerly along the south line of Section 12 to its Southwest corner; thence northerly along the west line of Sections 12 and 1 to the Northwest corner of Section 1, Town- ship 22 South, Range 9 East, W.M.; thence easterly on the north line of Section 1 to the Southwest corner of Section 31, Town- ship 21 South, Range 10 East, W.M.; thence northerly along the west line of Section 31 to its Northwest corner; thence easterly along the north line of Section 31 to the Southwest corner of Section 29; thence northerly along the west line of Section 29 to the Southeast corner of Section 19; thence westerly along the south line of Section 19 to the Southeast corner of Section 24, Township 21 South, Range 9 East, W.M.; thence westerly along the south line of Sections 24 and 23 to the Southwest corner of Section 23; thence northerly along the west line of Section 23 to its Northwest corner; thence easterly along the north line of Sections 23 and 24 to the Northwest corner of Section 19, Town- ship 21 South, Range 10 East, W.M.; thence easterly along the north line of Section 19 to the Southwest corner of Section 17; thence northerly along the west line of Section 17 to the Southeast corner of Section 7; thence westerly along the south line of Section 7 to its Southwest corner; thence northerly along the west line of Sections 7 and 6, Township 21 South, Range 10 East, W.M., and Section 31, Township 20 South, Range 10 East, W.M., to the Northwest corner of said Section 31; thence easterly along the north line of Sections 31, 32, 33, 34, 35, and 36 to the Northwest corner of Section 31, Township 20 South, Range 11 East, W.M.; thence easterly along the north line of Section 31 to the Northeast corner of Section 31; thence southerly along the east line of Section 31, Township 20 South, Range 11 East, W.M., and Sections 6, 7, 18, 19, and 30, Township 21 South, Range 11 East, W.M., to the Northwest corner of Section 32, Township 21 South, Range 11 East, W.M.; thence easterly along the north line Page 1 of 2 - i� , 0096 " 864 of Section 32 to its Northeast corner; thence southerly along the east line of Section 32 to its Southeast corner; thence westerly along the south line of Sections 32 and 31 to the Northeast corner of Section 1, Township 22 South, Range 10 East, W.M.; thence southerly along the east line of Sections 1, 12, and 13 to the Southeast corner of Section 13, Township 22 South, Range 10 East. W.M.; thence westerly along the south line of Section 13 to the Northeast corner of Section 23; thence southerly along the east line of Sections 23 and 26 to the Southeast corner of Section 26; thence westerly along the south line of Section 26 to the Northeast corner of Section 34; thence southerly along the east line of Section 34 to its Southeast corner, said point being on the Deschutes/Klamath County line; thence westerly along said County line on the south line of Sections 34, 33, 32, and 31, Township 22 South, Range 10 East, W.M., and Sections 36 and 35, Township 22 South, Range 9 East, W.M., to the point of beginning. (10/2/89) Page 2 of 2 1 0096 -1865 FINDINGS OF CONFORMANCE WITH THE DESCHUTES COUNTY COMPREHENSIVE PLAN FOR THE FORMATION OF THE LAPINE PARKS & RECREATION DISTRICT 1.. There are no Parks & Recreation programs or facilities provided by any other local agency in this area. 2. There are currently no accurate population estimates for this area of the County. However, there are approxi- mately 15,000 legally platted parcels zoned for resi- dential development in this area. 3. The Deschutes County Year 2000 Comprehensive Plan en- courages the creation of districts to serve the rural needs of the County. The creation of the district will further the provision of public facilities and services to the area by providing necessary Parks & Recreation services. 4. The Recreation Section of the County Comprehensive Plan contains three goals which state: 111. To satisfy the recreational needs of the residents and visitors to Deschutes County. 2. To maximize utilization of economic and personnel resources through increasing intergovernmental and public/private cooperation in the provision of recreation facilities and services. 3. To provide concomitant with growth, sufficient uniformly distributed land and facilities for parks purposes throughout the County." 5. The creation of the Parks & Recreation District will satisfy the recreational needs of the residents of and visitors to Deschutes County, by providing additional parks and recreational facilities and programs. Growth has occurred which creates a need for additional parks and recreation facilities and programs in southern Deschutes County. Since no parks and recreation districts exist in southern Deschutes County, lands and facilities for parks services will not be uniformly distributed throughout the County unless a Parks & Recreation District is created. LAPINE PARKS & RECREATION 1 EXHIBIT "B - I" 0096 _1866 6. In conclusion the creation of the LaPine Parks & Recre- ation District is in conformance with the County Comprehensive Plan. The County Comprehensive Plan was acknowledged by the Land Conservation and Development Commission in April of 1981. For this reason, the creation of the Parks & Recreation District fulfills the State-wide Planning Goals and County Comprehensive Plan. LAPINE PARKS & RECREATION 2 EXHIBIT "B-2" 0096 _1867 NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 1. A public hearing regarding the formation of LaPine Park and Recreation District will be held on Monday, October 23, 1989, at 3:00 p.m. at the LaPine Community Park Building, corner of Walling Lane and Finley Butte Road, LaPine, Oregon. 2. The boundaries of the proposed District are described in Exhibit "A" attached hereto and by this reference incorporated herein. 3. The purpose of the proposed District to be formed is to provide park and recreation facilities and services pursuant to ORS 266.010 to 266.590. 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 the registered voters, or 100 registered voters, whichever is the lesser number. BOARD OF COUNTY COMMISSIONERS OF D SCHU S COUNT OREGON Z�o I S ISTOW LOIS ISTOW PRANT Chair To be published in OThe Bulletinm: October 8 and 17, 1989. To be published in OThe Citizenm: October 11 and 18, 1989. To be published in NFrontier Advertisingm: October 10 and 17, 1989 To be posted: October 9, 1989. EXHIBIT C