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2002-24-Order No. 2002-008 Recorded 1/11/2002DESCHUTES COUNTY OFFICIAL COUNTYRCLERKS C 2002'27 REVIEWED COMMISSIONERS' JOURNAL 01/11/2002 02;53;06 PM LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Formation of the Sunriver Service District, Establishing the Name * ORDER NO. 2002-008 and Boundaries of the Proposed District and Setting a Final Hearing Date WHEREAS, the formation of the Sunriver County Service District was duly initiated by the Board of County Commissioners of Deschutes County, Oregon ("Board") on December 5, 2001; and, WHEREAS, an initial hearing on the proposed formation was duly noticed and held on January 9, 2002 for the Board to hear 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 formation of a County District under ORS 451.010 (3)(a), (b) and (c) and ORS 451.410 et seq.; 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 proposed district formation, the Board believes that the area would be benefited by the formation of a County Service District under ORS 451.010 (3)(a), (b) and (c) and ORS 451.410 et seq.; WHEREAS, 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 which will require an election on the question of formation and establishment of the permanent rate limit; and, WHEREAS, notice was published and posted listing the name of the proposed district as the Sunriver County Service District, the Board desires to designate the name of the district as the Sunriver Service District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the the formation of the Sunriver Service District be approved. Section 2. That the name of the proposed county service district shall be the Sunriver 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 3. That the proposed Sunriver 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 4. That the Sunriver Service District shall be authorized to provide the services set forth in ORS 451.010 (3)(a), (b) and (c) of fire prevention and protection, security services by contract and law enforcement services and to maintain, construct and operate the related facilities. Page 1 of 2 ORDER 2002-008 (01/09/02) SALegal\Special Districts\Sunriver CSD\Order 2002-208 Sunriver CSD final hearing.doc Section 5. That the final hearing regarding formation of the service district shall be held at 10:00 a.m. on Wednesday, February 6, 2002 in the Homestead building at the Sunriver Resort, 57085 Meadow Road, Sunriver, Deschutes County, Oregon. Section 6. 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 January 21 and 28, 2002, and posted on January 21, 2002, 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 7. That the proposed formation complies with the applicable land use criteria and the Board adopts as is its findings relating to that criteria Exhibit "D," attached hereto and incorporated herein by reference. Section 8. At the time of the final hearing, the Board will enter its final order directing the County Clerk to hold an election on the question of forming the proposed district and the establishment of a permanent tax rate limit. Dated this 9th day of January, 2002 ANT: i Recording Secretary BOARD OF COUNTY .7ISSIONERS TOM DEWO , CH DE IS R. LUKE, COMMISSIONER MIC AEL M. DALY, ~ MISSIONER Page 2 of 2 ORDER 2002-008 (01/09/02) SALegal\Special Districts\Sunriver CSD\Order 2002-208 Sunriver CSD final hearing.doc EXHIBIT A THE BOUNDARY OF THE PROPOSED SUNRIVER 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 25'1120" 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 corner 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 II 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 PAGE 1 OF 2 - EXHIBIT "A" TO ORDINANCE NO. 2002-008 (01/09/02) S:ILEGAUSPECtAL DtsrRtCt'S'SuNRIVERC'SD`SUNRNER Eui ut A 10 ORDER 2-002-008. DOC 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 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 1129.58 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 corner 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 NO. 2002-008 (01/09/02) S:;iLEGAC•SPECJAL D[STRIC'1'S'~.SUVRiVEa CSD'SUNRIVER Eximn Al 00RDER2002-003. DOC Proposed Formation of Sunriver Service District State Highway KEY Section Line / Township Line 1 Railroad Airport Major Road su~* Police Road Fire River 0 Sunriver P"p''° w°^ Emmommmmomw N November 29, 2001 DESCHU'IS COUNTY The information on Role map as deri-d fran dgtal dalahesas on M Dasclndas Coadys G.I.S. Care was taken in the creation ofthis ~O DEPARTMENT map, but it is pruvkbd'as is. Dos&utaa COUmy canna accept my responsibly for arras, omissions, or positional a=racy in the dgisl WS DIVISION data or the uralarlying records. Them are no warrsrNes, express or ' John Andermn. gIS specialist vg thewarmrdy o nsid araapidy a fitness, for a implied, ndud parWdar purpose, aaanporryiii this product. However, notification Men-15411 03}6501,-it lsWo~dmdl.~.ce of arty errae wig be appreciated. 91150 SE. 27th fit, Boni 99, 97702 c:\data\arcview\roadde t\ber \sunriver Exhibit B 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 Service District will be held on Wednesday, February 6, 2002, at 10 a.m. in the Homestead building at the Sunriver Resort, 57085 Meadows Road, Sunriver, Deschutes County, 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 Service District." The purpose of the proposed district is to provide fire prevention and protection, security services by contract and law enforcement services for the inhabitants of the proposed district. The proposed Sunriver 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. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair To be published in The Bulletin: January 21 and 28, 2002 To be posted: January 21, 2002 Page 1 of 1 - EXHIBIT "C" or Ordinance No. 2002-008 (01/09/02) SALegal\Special Districts\Sunriver CSD\Sunriver Exhibit C to Order 2002-008.doc 0 TES C 2-~ A~ Community Development Department Planning Division • Building Safety Division • Environmental Health Division 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: TO: FROM: RE: December 11, 2001 Laurie Craghead, Assistant County Legal Counsel Paul Blikstad, Associate Planner Formation of Sunriver County Service District, Your file no. 16-703 The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with the Statewide Planning Goals, encourages the formation of special service districts to serve rural needs. Under the Public Facilities and Services section of the County Comprehensive Plan, on page 159-160, General Policies, is the following policy: 5. Deschutes County shall encourage the formation of special service districts to serve rural needs rather than becoming involved with serving those needs. The County will foster coordination and mutual planning between the County, special districts, utility companies and service corporations. This shall include common trenching where appropriate. It appears that the Sunriver County Service District is intended as a replacement for the responsibility of fire prevention and protection, security services and law enforcement services from SROA to the District in Sunriver, excluding the Sunriver Business Park. This type of change is not specifically addressed in the comprehensive plan. Staff finds that as long as the fire, security and police services are provided at levels consistent with state or federal regulations, the proposed service district formation is consistent with the County Comprehensive Plan and Statewide Planning Goals. EXHIBIT D Quality Services Performed with Pride