2003-1332-Resolution No. 2003-090 Recorded 10/21/2003i
REVIEWED DESCHUTES
BLANKENSHIr, COUNTY CLERKS �J ��0�'�
NANCYgot
LEGAL C UNSEL COMMISSIONERS' JOURNAL 10/21/2003 11;33;46 AM
111111[i II I IIIIIIIIIIIIIIIII
2132
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring Intent to Initiate the
Annexation of the Newberry Neighborhood to RESOLUTION NO. 2003-090
the La Pine Special Sewer District and
Setting a Hearing Date
WHEREAS, ORS 198.850(3) authorizes the Board of County Commissioners ("Board") to
initiate the annexation to a special district by resolution of the Board; and
WHEREAS, the Board finds just cause for the annexation of the Newberry Neighborhood to
the La Pine Special Sewer District; and
WHEREAS, the La Pine Special Sewer District Commissioners have voted to approve said
annexation; and
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on
the initiation no sooner than twenty (20) days and no later than fifty (50) days from the date of
initiation with notice to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is November 12, 2003; and,
WHEREAS, the Board chooses to also require publication notice special district annexations
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board hereby declares its intention to initiate the annexation of the area
described in Exhibit "A" (legal description) and depicted in Exhibit "B" (map) and known as the
"Newberry Neighborhood."
Section 2. The hearing regarding annexation of the Newberry Neighborhood to the La Pine
Sewer District be held on November 12, 2003 in the Deschutes County Administration Building Board
Hearing Room, 1130 NW Harriman, Bend, Deschutes County, Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "C,"
attached hereto and by this reference incorporated herein. The legal department shall cause the
notice to be published in The Bulletin on October 27, 2003 and November 5, 2003 and 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
PAGE 1 of 2 — RESOLUTION NO. 2003-090 (10/20/03)
S:\LEGAL\SPECIAL DISTRICTS\NEWBERRY\S EWER DISTRICT\RESOLUTION 2003-090.DOC
proposed territory to be annexed. Notices posted shall be for not less than five (5) consecutive days
beginning October 27, 2003.
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board, prior to the hearing date, a land use compatibility statement
regarding this proposed special district formation.
DATED this Atqday of October, 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
"gzod� —
DENNIS R. LUKE, Chair
ATTEST: TOM OLF, 6ommi—Tak4ir
Recording Secretary NAICHAEL M. DALY, Co missioner
PAGE 2 OF 2 — RESOLUTION NO. 2003-090 (10/20/03)
S:\LEGAL\SPECIAL DISTRICTS\NEWBERRY\SEWER DISTRICT\RESOLUTION 2003-090.DOC
Exhibit "A"
The land represented on the plat of NEWBERRY NEIGHBORHOOD, a replat of Tract 38 of the
Bureau of Land Management Supplemental Plat of Sections 1, 2 and 11, and the north Y2 of the
southwest '/4 of Section 11 of Township 22 South and Range 10 East of the Willamette Meridian,
Deschutes County, Oregon fully described as follows:
Beginning at a 2" brass cap at the northwest corner of said north Y2 of the southwest 1/4 of Section 11,
the Initial Point for this subdivision; thence South 89002'19" East 743.02 feet, along the north line of
said north Y2 of the southwest Y4 of Section 11, to a 3" brass cap on the easterly right-of-way of
Huntington Road; thence following said easterly right-of-way, North 19022'00" East 453.56 feet to a 2"
brass cap; thence 421.48 feet along the arc of a 1402.43 foot radius curve right (the long chord of
which bears North 27°58'35" East 419.90 feet) to a 2" brass cap; thence North 36035'10" East
1172.76 feet to a 3" brass cap; thence 588.48 feet along the arc of a 1462.50 foot radius curve left
(the long chord of which bears North 25°03'32" East 584.52 feet) to a 2" brass cap; thence North
13°31'53" East 1721.81 feet to a 3" brass cap on the south line of the northeast 1/4 of the southwest 1/4
; thence leaving said right-of-way, South 89059'32" East 86.80 feet to a 5/8" iron rod at the southeast
corner of said northeast '/4 of the southwest % ; thence North 04037'43" West 1322.09 feet to a 5/8"
iron rod at the center % corner; thence South 89008'03" East 1308.39 feet to a 3 Y2" brass cap at the
center -east 1/16 corner; thence North 04015'07" West 2677.16 feet to a 3 Y2" brass cap at the east
1/16 corner on the north line of said Section 2; thence South 89032'59" East 1326.56 feet to a 3 Y2"
brass cap at the northeast corner of said Section 2; thence North 89045'17" East 1722.48 feet to a 2"
aluminum cap on the north line of said Section 1; thence leaving said north line, South 00007'31" East
2.30 feet to a 2" aluminum cap on the southerly right-of-way of Burgess Road; thence following said
right-of-way, 425.91 feet along the arc of a 960.00 foot radius curve right (the long chord of which
bears South 77032'35" East 422.42 feet) to a 2" aluminum cap; thence South 64050'01" East 418.04
feet to a 2" aluminum cap; thence South 19050'01" East 77.56 feet to a 2" aluminum cap on the
westerly right-of-way of Highway 97; thence leaving said southerly right-of-way and following said
westerly right-of-way, 476.06 feet along the arc of a 5679.58 foot radius curve right (the long chord of
which bears South 28031'07" West 475.92 feet) to a 2" aluminum cap; thence South 26026'05" West
255.49 feet to a 5/8" iron rod; thence South 30055'39" West 299.86 feet to a 5/8" iron rod; thence
967.77 feet along the arc of a 4019.72 foot radius curve left (the long chord of which bears South
40038'13" West 965.43 feet to a 3/4' iron rod; thence along a 200 -foot offset to a 375 -foot centerline
spiral curve left, with an S angle of 2°48.8' and an "a" value of 0.4, (the long chord of which bears
South 31052'37" West 384.78 feet) to a 3/4" iron rod; thence South 30055'39" West 6716.18 feet to a
5/8" iron rod on the east line of said north Y2 of the southwest Y4 of Section 11; thence leaving said
westerly right-of-way, South 00020'32" West 1170.40 feet to a 5/8" iron rod at the southeast corner of
said north Y2 of the southwest Y4 of Section 11; thence North 89027'19" West 2613.51 feet to a 5/8"
iron rod at the southwest corner of said north Y2 of the southwest % of Section 11; thence North
00009'03" East 1318.30 feet to the point of beginning. Plat contains a gross area of 552.66 acres.
Except therefrom the rights-of-way for Highway 97, Huntington Road, Memorial Lane and Coach
Road.
Plat contains a net area of 541.03 acres.
Page 1 of 1 - Exhibit "A:'- Resolution No. 2003-090 (10/20/03)
La Pine Special Sewer District
Annexation
s Existing District
® Potential Annexation
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EXHIBIT "B"
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Page 1 of 4 — Exhibit "B" — Resolution No. 2003-090 (10/20/03)
EXHIBIT
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Annexation
S" Map 21 11
Page 2 of 4 — Exhibit "B" — Resolution No. 2003-090 (10/20/03)
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Page 3 of 4 — Exhibit "B" — Resolution No. 2003-090 (10/20/03)
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Page.4 of 4 — Exhibit "B" — Resolution No. 2003-090 (10/20/03)
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EXHIBIT "C"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, the Newberry Neighborhood
Annexation, to La Pine Special Sewer District will be held on November 12, 2003, at 10
a.m. in the Board of County Commissioners' Hearing Room, 1130 NW Harriman Street,
Bend, Oregon.
The boundaries of the proposed annexation are as specified in Exhibit "A," attached
hereto and by this reference incorporated herein.
The purpose of the proposed annexation is to provide fire protection services for the
inhabitants of the proposed area to be annexed. All interested persons may appear
and be heard.
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
DENNIS R. LUKE, Chair
To be published in The Bulletin: 10/27/03 and 11/5/03
To be posted: 10/27/03
PAGE 1 OF 1 - EXHIBIT "C" - RESOLUTION NO. 2003-090 (10/20/03)
S:\LEGAL\SPECIAL DISTRICTS\NEWBERRY\SEWER DISTRICT\HEARING NOTICEMOC
October 1, 2003
Neil R. Bryant
HAND DELIVERED OCT - e2 ZQ(�
Robert S. Lolllien
Lynn F. Jarvis
����TES '►'3
John A. Berge
DESCHUTES COUNTY COMMISSIONERS
Sharon R. Smith
1130 NW HARRIMAN
John D. Sortie
BEND, OR 97701
Mark G. Reinecke
Melissa P. Lande
Re: LaPine Sewer District Annexation/Newberry Neighborhood
Kitri C. Ford
Lane D. Lyons, LL.M.
This office represents the Baldwin -Herndon Oregon Trust As you are aware, the
Paul J. Taylor
Trust owns property within the new Newberry Neighborhood and has been working
with Deschutes County to establish the Newberry Neighborhood.
BEND
591 S.W. Mill View Way
Mail: P.O. Boz 1151
Bend, Oregon 97709
Phone: (541) 382-4131
Fax: (541) 389-3386
MADRAS
24 S.W. Fifth Street
Mail: P.O. Box 650
Madras, Oregon 97741
Phone: (541) 475-2757
Fax: (541)475-2962
W W W.BWLAWYERS.COM
C
O
P
Y
We have been advised that Deschutes County has requested that the LaPine Sewer
Special District approve an annexation of the Newberry Neighborhood to the
District.
The purpose of this letter is to advise the Board of Commissioners that the Baldwin -
Herndon Oregon Trust also supports the annexation of the Newberry Neighborhood
to the Sewer District.
Please feel free to,contact this office if you need additional information.
Very truly yours,
ROBERT S. LOVLIEN
RSL/alk
cc: LaPine Sewer Special District
Catherine Morrow, Deschutes County
Baldwin -Herndon Oregon Trust
(RSL:BALDWIN.213)
%2� Community Development Department
OPlanning Division • Building Safety Division • Environmental Health Division
@At A A
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 • FAX (541) 3B5-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: . October 6, 2003
TO: Laurie Craghead, Assistant County Legal Counsel
FROM: Paul Blikstad, Associate Planner
RE: Annexation to La Pine Sewer District, New Neighborhood Annexation,
Your file no. 16-Q64- 318
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.
Additionally, the La Pine Urban Unincorporated Community Plan Policies lists the
following policy on page 27 of section 23.4,0(Fxm) of the Plan:
M. All new development in the Neighborhood Planning Area shall be
connected to the La Pine Water District water system and the La
Pine Special Sewer District sewage treatment facility or other
Department of Environmental Quality approved sewage treatment
facility. Fire hydrants shall be provided.
It is clear that a reliable sewer system is an important aspect of rural unincorporated
community development, as evidenced by the above policies and the overall
comprehensive plan. Staff finds that the proposed annexation to the La Pine Special
Sewer District is consistent with the County Comprehensive Plan and Statewide
Planning Goals.
Quality Services Performed with Pride