1997-29264-Order No. 97-114 Recorded 8/14/1997REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Annexation of Territory (Wickiup 14 ptf 2: 24
Annexation) into the La Pine Special Sewer District, * ,
and Notice of Final Hearing. * „ `F r
ORDER NO. 97-114 01
WHEREAS, a resolution of the La Pine Special Sewer District reque ng'2 w4ation of territory
(Wickiup Annexation) into the District was duly fled with the Board of County Commissioners of Deschutes
County, Oregon; and
WHEREAS, a public hearing was held on the petition on August 13, 1996, 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 annexation of said territory into the La Pine Special Sewer District; and
WHEREAS, after consideration of economic, demographic and sociological trends and projections
pertinent to the proposal, 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 into the said district; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
follows:
Section 1. The boundaries of the territory to be annexed into the La Pine Special Sewer District are as set
forth in Exhibit 1, attached hereto and by this reference incorporated herein.
Section 2. The applicable land use criteria pertinent to the proposed district annexation, 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 criteria are described in Exhibit 2, attached hereto and by this reference incorporated herein.
Section 3. A final hearing regarding the annexation shall be held on Wednesday, September 24, 1997, at
10 a.m. All interested persons may appear and be heard.
Section 4. Upon conclusion of the final hearing, the Board will enter its final order for annexation into the
La Pine 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 percent of the registered voters, or 100 registered voters,
whichever is the lesser number.
Section 5. Notice of this Order, as shown in Exhibit 3, attached hereto and by this reference incorporated
herein, shall be published and posted in accordance with ORS 198.730.
DATED this 13th day of August, 1997.
A ST:
Recording Secretary
PAGE 1 - ORDER NO. 97-114 (8-13 -97)
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BOARD OF COUNTY COMMISSIONERS_ e � � jy j7
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EXHIBIT 1
0162-2225
Legal Description of the
Wickiup Junction Annexation to the LaPine Sewer District
An area of land located in Section 36 of Township 21 South, Range 10 East, Willamette
Meridian, Deschutes County Oregon, being more particularly described as follows:
Beginning at the South 1/4 Comer of said Section 36; thence easterly
along the south line of said Section 36 to the SW comer of the parcel
described in Warranty Deed from W. Ovid Evans, et.al., to the State of
Oregon as filed in Volume 105 Page 251 of Deeds in the office of the
Deschutes County Clerk on October 7, 1953; thence, leaving said south
section line, northeasterly along the westerly line of said parcel to a point
on the east line of the SWIA of the SE 1/4 of said Section 36, said point
also being the SW comer of Parcel 2 as described in Warranty Deed from
Inez and Jesse Kellems to the State of Oregon as filed in Volume 104 Page
187 of Deeds in the office of the Deschutes County Clerk on June 1, 1953;
thence, leaving said westerly parcel line, northerly along the west line of
said Parcel 2 to the north line of said Section 36; thence, leaving the
westerly line of said Parcel 2, westerly along the north line of said Section
36 to the easterly right-of-way line of the Dalles-California Highway;
thence, leaving said north section line, southwesterly along the easterly
right-of-way line of the Dalles-California Highway to its intersection with
the easterly prolongation of the south line of Lot 11 Block 3 of Cagle
Subdivision Plat No. 8 as filed in Cabinet "A' Page 147 of Plats in the
office of the Deschutes County Clerk on June 27, 1967; thence, leaving
said easterly right-of-way line, westerly along the easterly prolongation of
the south line of said Lot 1.1 Block 3 to the SE Comer of said Lot 11;
thence westerly along the south line of said Lot 11 Block 3 to the SW
comer of said Lot 11, said comer also being the SE comer of Lot 14 Block
3 of said Plat No.8; thence westerly along the south line of said Lot 14
Block 3 to the easterly right-of-way line of Skidgel Road; thence, leaving
said south line, westerly along the westerly prolongation of the south line
of said Lot 14 Block 3 to a point on the westerly right-of-way line of
Skidgel Road, said point being the SE comer of Lot 11 Block 2 of said Plat
No.8; thence westerly along the south line of said Lot 11 Block 2 to the
SW comer of said Lot 11 Block 2, said point being on the westerly line of
said Plat No.8; thence, leaving said south line, southerly along the west line
of said Plat No.8 to the NE comer of the parcel described in Warranty
Deed from Marie Cagle to Ralph Webb, et. al., as filed in Volume 171
Page 1968 of Official Records in the office of the Deschutes County Clerk
on October 4, 1988; thence, leaving the westerly line of said Plat No.8,
westerly along the the north line of said parcel to the easterly right-of-way
line of Antler Lane as shown on Cagle Subdivision Plat No.5 as filed in
Cabinet "A" Page 300 of Plats in the office of the Deschutes County Clerk
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on September 28, 1961; thence, leaving said easterly right-of-way line,
westerly along the westerly prolongation of the north line of the parcel
described in said Volume 171 Page 1968 to the centerline of Antler Lane;
thence southerly along the centerline of Antler Lane to the south line of
said Plat No.S; thence, leaving the south line of said Plat No.5, southerly
along the southerly prolongation of the centerline of Antler Lane to the
south line of said Section 36; thence easterly along said south section line
to the Point of Beginning.
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—r/ Administration Bldg., 1130 N.W. Harriman, Bend, Oregon 97701
(541) 388-6575
FAX 385-1764
Planning Division
MEMORANDUM Building Safety Division
Environmental Health Division
DATE: August 12, 1997
TO: Beverly Wilson, Legal Assistant, County Counsel
FROM: Dave Leslie, Associate Planned /
re: Petition for Wickiup Annexation
The County Planning Division is currently processing a Plan Amendment application to allow
the extension of the sewer line from the La Pine Unincorporated Urban Community to the
Wickiup Junction Rural Service Center. The applicable land use criteria for this application
include the following:
1. Deschutes County Year 2000 Comprehensive Plan.
2. Statewide Planning Goal 11, Public Facilities and Services.
3. Statewide Planning Goal 4, Forest Lands.
4. Oregon Administrative Rules, Chapter 660, Division 4, Interpretation of Goal 2 Exception
Process.
The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with
the Statewide Planning Goals, recognizes the importance of sewage treatment plants to service
concentrations of people in rural service centers.
Specifically, in the Public Facilities Section of the Growth Management Chapter of the County
Comprehensive Plan, policy number 5 states the following:
While clear distinctions are not always possible between urban and rural
services, those facilities (such as sewage treatment plants, water systems,
schools and fire stations), which are necessary to service concentrations of
people shall be known as key facilities and shall be located in urban areas or in
rural service centers, if necessary, to meet the needs of existing rural
residents. Key facilities shall be built to encourage urban, rather than
increased rural, residential development. Rural services such as sheriff's
Wilson - Petition for Wickiup Annexation
August 12, 1997
Page 1
Quality Services Performed with Pride
0162-2228
patrol, snowplowing, schools and school busing shall be kept at levels
adequate to meet public needs but not in excess to encourage additional
development. Rural Service Centers are a logical location for future rural key
facilities so that services may be used and constructed in as efficient a manner
as possible (see Rural Development Chapter). Key facilities outside urban
areas or Rural Service Centers shall be discouraged unless the facility is
needed to serve existing development, is at the most efficient and economic
location and is consistent with the capabilities of the land and the planned
growth of the County.
The comprehensive plan also contemplates the proposed extension of the sewer line. The
County amended the comprehensive plan in 1996 and adopted the following policy regarding
the Wickiup Junction RSC:
The County shall work with the La Pine Special Sewer District to expand
the La Pine Special Sewer District to serve the Wickiup Junction Rural
Service Center.
Planning staff is preparing the staff report for public hearings before the Hearings Officer
(September 2) and Board of County Commissioners (September 24) for this plan amendment
application. An exception to Goals 4 and 11 appears to be justified for the following reasons:
A policy will be adopted by the County to expressly prohibit connections to the sewer line
for parcels located outside the Wickiup Junction RSC or the La Pine UUC.
2. The existing sewage treatment facility in La Pine is operating inefficiently due to the
amount of sewage effluent coming into the system. The increase of effluent from Wickiup
will allow for a corresponding decrease in groundwater pumpage which currently is used to
augment the deficiency in effluent flow.
3. The construction of a new treatment facility in Wickiup is not a cost effective alternative.
4. The continued use of septic systems in Wickiup Junction is not desirable due the
probability of contamination from these systems to the high ground water table in the
region. Use of the sewer treatment facility in La Pine will help to reduce the long term
impacts to groundwater quality from on-site septic systems.
5. The proposed sewer line will not alter the boundaries of either the La Pine UUC or the
Wickiup Junction RSC.
6. Location of an underground sewer line through federal land (BLM) zoned F-1, Forest
Uses, will not adversely impact the use of this land for forest resources.
For the reasons stated above, planning staff believes the proposal to construct the sewer line is
consistent with the applicable land use criteria, and will recommend approval of the
comprehensive plan amendment. Staff is of the opinion that the Hearings Officer will approve
this plan amendment.
Accordingly, annexation of lands within the Wickiup Junction RSC into the La Pine Special
Sewer District will be consistent with County policy at the time the proposed plan amendment
is adopted by the Board.
DBL/mjz
Wilson - Petition for Wickiup Annexation
August 12, 1997
Page 2
EXI-IIBIT 3
W-&
NOTICE OF FINAL HEARING BY THE
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
A public hearing regarding a proposal to annex territory into the La Pine Special
Sewer District (Wickiup Annexation), will be held on Wednesday, September 24,
1997, at 10 a.m.
The boundaries of the territory proposed to be annexed are described in Exhibit A,
attached hereto and by this reference incorporated herein.
The purpose of the proposed annexation is to provide sewer services for the
inhabitants of the territory to be annexed.
All interested persons may appear and be heard. Upon conclusion of the final
hearing, the Board will enter its final order annexing the territory into 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.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with 48 hours notice.
Materials in alternate formats may be made available with 48 hours notice. To
arrange for these services or for more information, please contact Anita Mutchie at
(541) 388-6572. For hearing impaired, call TDD (541) 385-3203.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
NANCY POPE SCHLANGEN, Chair
To be published in The Bulletin: September 9, and 16, 1997
To be posted: September 9, 1997
EXHIBIT A
Legal Description of the 0162"'230
Wickiup Junction Annexation to the LaPine Sewer District
An area of land located in Section 36 of Township 21 South, Range 10 East, Willamette
Meridian, Deschutes County Oregon, being more particularly described as follows:
Beginning at the South 1/4 Comer of said Section 36; thence easterly
along the south line of said Section 36 to the SW comer of the parcel
described in Warranty Deed from W. Ovid Evans, et.al., to the State of
Oregon as filed in Volume 105 Page 251 of Deeds in the office of the
Deschutes County Clerk on October 7, 1953; thence, leaving said south
section line, northeasterly along the westerly line of said parcel to a point
on the east line of the SWIM of the SE 1/4 of said Section 36, said point
also being the SW comer of Parcel 2 as described in Warranty Deed from
Inez and Jesse Kellems to the State of Oregon as filed in Volume 104 Page
187 of Deeds in the office of the Deschutes County Clerk on June 1, 1953;
thence, leaving said westerly parcel line, northerly along the west line of
said Parcel 2 to the north line of said Section 36; thence, leaving the
westerly line of said Parcel 2, westerly along the north line of said Section
36 to the easterly right-of-way line of the Dalles-California Highway;
thence, leaving said north section line, southwesterly along the easterly
right-of-way line of the Dalles-California Highway to its intersection with
the easterly prolongation of the south line of Lot 11 Block 3 of Cagle
Subdivision Plat No. 8 as filed in Cabinet "A" Page 147 of Plats in the
office of the Deschutes County Clerk on June 27, 1967; thence, leaving
said easterly right-of-way line, westerly along the easterly prolongation of
the south line of said Lot 1.1 Block 3 to the SE Comer of said Lot 11;
thence westerly along the south line of said Lot 11 Block 3 to the SW
comer of said Lot 11, said comer also being the SE comer of Lot 14 Block
3 of said Plat No.8; thence westerly along the south line of said Lot 14
Block 3 to the easterly right-of-way line of Skidgel Road; thence, leaving
said south line, westerly along the westerly prolongation of the south line
of said Lot 14 Block 3 to a point on the westerly right-of-way line of
Skidgel Road, said point being the SE comer of Lot 11 Block 2 of said Plat
No.8; thence westerly along the south line of said Lot 11 Block 2 to the
SW comer of said Lot 11 Block 2, said point being on the westerly line of
said Plat No.8; thence, leaving said south line, southerly along the west line
of said Plat No.8 to the NE comer of the parcel described in Warranty
Deed from Marie Cagle to Ralph Webb, et. al., as filed in Volume 171
Page 1968 of Official Records in the office of the Deschutes County Clerk
on October 4, 1988; thence, leaving the westerly line of said Plat No.8,
westerly along the the north line of said parcel to the easterly right-of-way
line of Antler Lane as shown on Cagle Subdivision Plat No.5 as filed in
Cabinet "A' Page 300 of Plats in the office of the Deschutes County Clerk
CADATAMORD\W ICKPH2O. DOC
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f 0162-2231
Ip
on September 28, 1961; thence, leaving said easterly right-of-way line,
westerly along the westerly prolongation of the north line of the parcel
described in said Volume 171 Page 1968 to the centerline of Antler Lane;
thence southerly along the centerline of Antler Lane to the south line of
said Plat No.5; thence, leaving the south line of said Plat No.5, southerly
along the southerly prolongation of the centerline of Antler Lane to the
south line of said Section 36; thence easterly along said south section line
to the Point of Beginning.
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