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2001-877-Order No. 2001-123 Recorded 12/7/2001COUNTY OFFICIAL REVIEWED MARYHSUE SPENNOLLOW, COUNTYRCLERKS CJ 7001477 04�c_ COMMISSIONERS' JOURNAL 12/07/200101:37:32 PM LEGAL COUNSEL Por xecoramg stamp Unly BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Declaring Intent to Form Sunriver County Service District and Setting a Hearing Date ORDER NO. 2001-123 WHEREAS, ORS 451.010(3) authorizes the formation of a county service districts for the provision of fire prevention and protection, security services by contract and law enforcement services within the boundaries of any subdivision in Deschutes County, Oregon; and, WHEREAS, ORS 198.835 authorizes the Board of County Commissioners ("Board") to initiate the formation of a county service district located entirely within Deschutes County, Oregon by order of the Board; and, WHEREAS, the Sunriver Owners Association presented to the Board of County Commissioners a proposal for a county service district for the area of Deschutes County known as Sunriver; and, WHEREAS, although Sunriver was established prior to the effective date of ORS 94.550, Sunriver meets the definition of "planned community and a "subdivision" under ORS 451.010(4) in that: 1) Sunriver meets the definition of "Planned community" in ORS 94.550(211) because it is a pattern of ownership of real property and all buildings, improvements and rights located on or belonging to the real property which the owners collectively are responsible for the maintenance, operation, insurance and property taxes relating to any common property of the community or for the exterior maintenance of any property that is individually owned; and, 2) Is located entirely within an unincorporated area and is everywhere separated by a distance of five miles or more from an urban growth boundary; and, WHEREAS, the Board finds that there is a need for a fire prevention and protection, security services by contract and law enforcement services for Sunriver and it is in the public interest to initiate the formation of the district for area legally described in Exhibit "A" and depicted on the map marked Exhibit "B," both exhibits being attached hereto and by this reference incorporated herein; and, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Pursuant to ORS 451.010(4)(c), the area described in Exhibit "A" and depicted in "B" is designated a subdivision for purposes of ORS 451.010(3) and hereinafter is referred to as "Sunriver." Section 2. That the Board hereby declares its intention to initiate the formation of a county service district pursuant to 451.010 et seq. for the provision of fire prevention and protection, security services by contract and law enforcement services for Sunriver. Page 1 of 2 ORDER 2001-123 (11/28/01) SALegal\Special Districts\Sunriver CSD\Order 2001-123 Smuiver CSD - Initiation.doc Section 3. That the name of the proposed county service district shall be the Sunriver County Service District and the boundaries shall be as legally described in Exhibit "A" and depicted on the map Exhibit `B," both exhibits being attached hereto and by this reference incorporated herein. Section 4. That the proposed Sunriver County Service District, if formed, will have a permanent rate limit for operating taxes of $3.95 per $1,000 assessed value that will raise an estimated $3,734,000 in operating funds for the District in the 2002-2003 fiscal year. Section 5. That the Sunriver County Service District shall be authorized to construct, maintain and operate the service facilities set forth in ORS 451.010(3)(a), (b), and (c) for the provision of fire prevention and protection, security services by contract and law enforcement services. Section 6 That an initial hearing regarding formation of the service district shall be held at 10:00 a.m. on Wednesday, January 9, 2001 in the Deschutes County Administration Building Board Hearing Room, 1130 NW Harriman, Bend, Deschutes County, Oregon. Section 7 Notice of Hearing shall be given in substantially the form set forth in Exhibit "C," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on December 17 and 24, 2001, and posted on December 17, 2001, in three public locations within the county as follows: One notice shall be posted on or near the doors of the meeting room of the Board of County Commissioners; one notice upon any official bulletin board customarily used for the purpose of posting public notices within the county; and one notice shall be posted upon any official public bulletin board customarily used for the purpose of posting public notices within the proposed district. Notices posted shall be for not less than five (5) consecutive days. Section 8 The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to January 2, 2001, a land use compatibility statement regarding this proposed special district formation as contemplated in ORS 197.175 and 199.462, and any other applicable statutory authority. Dated this 51h day of December, 2001 AT EST: Recording Secretary Page 2 of 2 ORDER 2001-123 (11/28/01) SALegal\Special Districts\Sunriver CSD\Order 2001-123 Sunriver CSD - Initiation.doc BOARD OF COUNTY COM ISSIONERS TOM D W , CHAIR DE IS R. LUKE, COMMISSIONER MI AEL M. DAL Y, OMMISSIONER EXHIBIT A THE BOUNDARY OF THE PROPOSED SUNRIVER COUNTY SERVICE DISTRICT PROPERTY DESCRIPTION Beginning at the southeast corner of Section 20 in Township 19 South and Range 11 East of the Willamette Meridian in Deschutes County, Oregon; and running thence North 00'31'51" West a distance of 2648.54 feet to the northeast corner of the southeast quarter of said Section 20; thence South 89'46'03" West 4268.88 feet along the centerline of said Section 20 to a Witness Point on the right bank of the Deschutes River; thence South 89"46'03" West along said centerline 135.77 feet to the centerline of the Deschutes River; thence South 13'30'00" East along said river centerline 135.73 feet; thence South 23'48'21 " West 185.81 feet; thence South 36'33'59" West 226.60 feet; thence South 08'59'25" East 159.97 feet; thence South 50'06'59" East 467.85 feet; thence South 04'50'12" East 130.47 feet; thence South 25'11'20" West 1005.63 feet; thence South 196.00 feet; thence South 24'31'04" East 513.28 feet; thence South 31'08'40" West 380.90 feet; thence South 37"21'57" West 620.49 feet; thence South 59'03'02" West 326.88 feet to the East line of the northeast quarter of Section 30 in said Township and Range; thence leaving said river centerline, South 00'01'28" West along said East line 390.00 feet to the centerline of the Deschutes river; thence North 69'43'31 " East along said river centerline 361.48 feet; thence East 370.00 feet; thence South 20'50'30" East 399.12 feet; thence South 21'52'07" West 158.40 feet; thence South 56'49'17" West 946.84 feet to the East line of the northeast quarter of said Section 30; thence leaving said river centerline, South 00'01'28" West along said East line 374.64 feet to the southeast corner of said northeast quarter of said Section 30; thence South 89'46'01" West 323.71 feet along the centerline of said Section 30 to the centerline of the Deschutes River; thence South 41'57'01" West along said river centerline 508.10 feet; thence South 29'03'17" West 267.69 feet; thence South 43'04'49" West 253.29 feet; thence North 72'00'25" West 246.03 feet; thence North 49'53'57" West 248.40 feet; thence West 150.00 feet; thence South 54'17'36" West 197.04 feet; thence South 23'11'55" West 114.24 feet; thence South 09'07'18" West 359.55 feet; thence South 39'05'02" East 843.83 feet; thence South 01'44'09" East 330.15 feet; thence South 16'41'57" West 313.21 feet; thence South 28'53'12" West 331.21 feet; thence South 01'57'09" West 440.26 feet; thence South 21'52'45" East 684.29 feet; thence South 02'51'45" West 600.75 feet; thence South 40'25'34" West 354.68 feet; thence South 83'50'09" West 251.45 feet; thence North 41'12'17" West 288.43 feet; thence North 12'56'23" West 468.91 feet; thence North 57'09'18" West 282.10 feet; thence North 82'20'00" West 262.35 feet; thence South 86'38'45" West 254.83 feet; thence South 50'22'28" West 1569.18 feet; thence South 37'31'09" West 353.02 feet; thence South 32'39'39" West 463.25 feet; thence South 22'53'26" West 488.47 feet; thence South 420.00 feet; thence South 35'20'24" East 240.00 feet; thence South 73'42'55" East 188.30 feet; thence North 78'01'26" East 210.00 feet; thence North 66'41'42" East 707.74 feet; thence South 76'13'06" East 272.86 feet; thence South 51'57'23" East 704.76 feet; thence South 19'44'49" East 207.18 feet; thence south 40'14'11" West 340.59 feet; thence South 66'54'54" West 331.55 feet; thence West 500.00 feet; thence North 64'17'24" West 300.00 feet; thence North 43'00'00" West 91.67 feet to the East line of Government Lot 4 in Section 31 in said Township and Range: thence leaving said river centerline South 00'06'05" West along said East line 633.92 feet to the centerline of the Deschutes River; thence South 77'43'00" East along said river centerline 85.91 feet; thence South 36'19'37" East 211.00 feet; thence South 150.00 feet; thence South 40'22'29" West 310.64 feet to the East line of Government Lot 4, Section 6 in Township 20 South and Range 11 East of the Willamette Meridian in Deschutes County, Oregon; thence leaving said river centerline, South 01'03'42" East 874.86 feet to the southeast corner of said Government Lot 4; thence South 88'07'39" West 625.32 feet along the South line of said Government Lot 4 to the centerline of the Deschutes River; thence along said river centerline, South 220.21 feet; thence South 36'38'03" East 729.01 feet; thence South 34'24'46" East 615.77 feet; thence South 15'12'29" East 320.21 feet; thence South 06'07'50" West 271.55 feet; thence South 33'33'14" West 466.78 feet; thence South 22'09'35" West 296.93 feet; thence South 04'37'27" West 272.89 feet; thence South 06'12'03" East 453.65 feet; thence South 25'10'40" East 258.57 feet; thence South 56'06'15" East 231.31 feet; thence South 82'49'15" East 264.07 feet; thence North 74'19'27" East 262.77 feet; thence North 70'26'39" East 567.71 feet; thence North 80'37'52" East 220.99 feet; thence South 82'57'15" East 896.77 feet; thence South 45'32'01" East 243.85 feet; thence South 200.00 feet to the South line of the southeast quarter of said Section 6, thence North 87'59'18" East along said south line 1597.40 feet to the southeast corner of said Section 6; thence North 89'53'50" East 2564.43 feet to the southwest comer of the southeast quarter of Section 5; thence North 89'35'40" East along the South line of said southeast quarter a distance of 1748.66 feet to the westerly right-of-way of the Burlington Northern Railroad; thence along said westerly right- of-way as follows; thence North 04'55'15" West 1321.10 feet to the North line of the southeast quarter of said southeast quarter of Section 5; thence South 89'42'01 " West along said North line 25.08 feet: thence North 04'55'15" West 413.27 feet; thence North 85'04'44" East 25.00 feet; thence North 04'55'15"West 1693.70 feet; thence along a spiral curve to the right, the chord of which bears North 04'00'52" West 182.34 feet: thence 905.39 feet along the arc of a 1960.00 foot radius curve right (the long chord of which bears. North 11'00'45" East 897.36 feet); thence along a spiral curve to the right, the chord of which bears North 26'02'21" East 182.34 feet; thence North 26'56'45" East 665.22 feet to the South line of the southeast quarter of Section 32 in Township 19 South and Range 11 East; thence South 89'10'08" West 28.26 feet along said South line. thence North 26'56'45" East 1375.53 feet to the East line of said southeast quarter; thence South 00"14'53" East 54.70 feet along said East line; thence North26'56'45" East 401.07 feet; thence along a spiral curve to the right of the chord of which bears North 27'20'54" East 121.05 feet; thence 654.54 feet along the arc of a 2914.67 foot radius curve Page 1 of 2 - Exhibit "A" to Ordinance 2001-123 S:\Legal\Special Districts\Sunriver CSD\SR-legal-des-DCRD.doc right (The long chord of which bears North 34'34'45" East 653.16 feet); thence along a spiral curve right. the chord of which bears North 41'48'36" East 121.05 feet; thence North 42',12'45" East 1401.80 feet; thence along a spiral curve to the left; the chord of which bears North 41'48'48" East 118.95 feet; thence 1137.30 feet along the arc of a 2814.79 foot radius curve left (the long chord of which bears North 29'26'15" East 1129.5 8 feet): thence along a spiral curve to the left, the chord of which bears North 17'03'44" East 118.95 feet; thence North 16'39'45" East 4037.50 feet; thence leaving said westerly right-of- way North 06'58'29" East 116.67 feet; thence 531.86 feet along the arc of a 650.00 foot radius curve left (the long chord of which bears North 16'33'44" West 517.14 feet); thence North 40'00'11" West 216.67 feet; thence North 46'46'00" West 132.60 feet to the South line of the northwest quarter of the northeast quarter of Section 28 in last said Township and Range; thence South 89'30'48" West 450.68 feet to the southwest corner of said northwest quarter of the northeast quarter; thence South 89"30'48" West 2670.44 feet to the southwest comer of the northwest quarter of the northwest quarter of said Section 28; thence North 00'52'26" East 1324.16 feet to the place of beginning. Excepting therefrom that portion of the above described tract lying South and East of the northerly right-of-way of Spring River Road and South Century Drive. Page 2 of 2 — Exhibit "A" to Ordinance 2001-123 SALegal\Special Districts\Sunriver CSD\SR-legal-des-DCRD.doc 1 00 T19S T20S Proposed Formation of Sunriver County Service District A WEST CASCADE Re �o� �1��• EAST CASCADE P IL RIVET State Highway KEY \✓ Section Line / Township Line J Railroad Airport Major Road qpAp Police Road Fre River Sunriver eziftPublic works `(te," 33 BEAVER DR --AB OTD Sunriver , ;,moi! rER q 4lf r Via, 1) —)71 S H CENTURY DR 97 — _._Sunrver Business Park �I I� 0.5 1 Miles N The i .11a ation on this map was derkmd Fran cigltal databases an Deschutes Countys G.I.S. Care was taken in the creation ofthis map, but k is prwidad °as hf. Desrhubos County canna accept arry responsibEy for mars, omissions, a positional accuracy in the digital date a the underlying records. There we no warranties, express or implied, imhrdng thewar" of mwchaMaI Pity or fMess for a particular purpose, aaarquaruy.. this product However, notiticalim of arty arras wig be appredated. November 29, 2001 o .. DESCHUTES COUNTY k ROAD DEPARTMENT GLS DIVISION Jahn Anderson. GIS Specialist Rmm:1541)M8EMI, mm2ptnv@aeduft-ni 81150 S.E. Thh St, Band, 0R, 97M c:\data\arcview\roaddept\berry\sunriver EXHIBIT,_ Exhibit C NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding the proposed formation of the Sunriver County Service District will be held on. Wednesday, January 9, 2002, at 1.0 a.m. in the Board of County Commissioners' Hearing Room, 11.30 NW Harriman Street, Bend, Oregon. The boundaries of the proposed district are as specified in Exhibit A, attached hereto and by this reference incorporated herein. The proposed formation shall be referred to as the "Sunriver County Service District." The purpose of the proposed district is to provide fire and police protection services for the inhabitants of the proposed district. The proposed Sunriver County Service District, if formed, will have a permanent rate limit for operating taxes of $3.95 per $1,000 assessed value that will raise an estimated $3,734,000 in operating funds for the District in the 2002-2003 fiscal year. All interested persons may appear and be heard. Upon conclusion of this initial hearing, the Board will enter its order setting a final hearing. 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, please contact Bonnie Baker at 541-388-6572. For hearing impaired, call. TDD 541-385-3203. To be published in The Bulletin To be posted: PAGE'l OFI- Exim3n,"C—roOzDf.az No. 2001-123 BOARD OF COUNTY COMMISSIONERS FOR DESC,HUTES COUNTY, OREGON TOM DEWOLF, Chair December 17 and 24, 2001 December 17, 2001 S:\LEGAOSPECIAL DISPRIC'1'S\SUNRIVER CSDL\IJNR1VER ININAL ITEARING NOT'ICELDOC