2004-204-Order No. 2003-113 Recorded 3/19/2004REVIEWED
LEGAL COUNSEL
03/ W/Y004 11, 09; 11 Mn
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Annexation of the
Newberry Neighborhood to the La Pine
Special Sewer District
ORDER NO. 2003-113
WHEREAS, a resolution requesting annexation of territory into the La Pine Sewer District was
duly filed with the Board of County Commissioners of Deschutes County on October 16, 2003; and,
WHEREAS, the Department of Revenue, upon preliminary review, found the submitted legal
description and maps do not comply with statutory requirements; and
WHEREAS, a revised map must be adopted by the Board of County Commissioners and it is
attached as Exhibit "A"; and
WHEREAS, the La Pine Special Sewer District approved the annexation of the Newberry
Neighborhood on the condition that the District and County execute an Intergovernmental Agreement
for the provision of sanitation facilities and services to annexed territory; and,
WHEREAS, a public hearing was held on October 20, 2003, 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 areas would be benefited by the annexation of said territory into the La Pine Sewer
District; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the Newberry Neighborhood resolution for annexation into La Pine Sewer
District attached to and referenced in Resolution No. 2003-090 is hereby incorporated by reference
and is approved.
Section 2. That the boundaries of the territory annexed to the said district are depicted on the
map marked as Exhibit "A" and set forth in Exhibit "B" of the Newberry Neighborhood resolution and
as set forth, and shall be known as the "Newberry Neighborhood Annexation."
Section 3. That the applicable land use criteria pertinent to the proposed Annexations, 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 "C," attached to the
petition hereto and by this reference incorporated herein.
Office, Deschutes County 911 County Service District and La Pine Sewer District. FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS ley 200J'20i
Section 4. That after signature, a copy of this Order shall be forwarded to the Oregon
Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's
COMMISSIONERS' JOURNAL ,
204
Page 1 of 2- ORDER NO. 2003-113 (11/12/03)
SALEGAOSPECIAL DISTRICTS\NEWBERRY\SEWER DISTRICT\ORD 2003-113 NEWBERRY NEIGHBORHOOD ANNEX APPROVALMOC
Section 5. The annexation is approved subject to the District and the County executing an
Intergovernmental Agreement for the provision of sanitation facilities and services to annexed territory
and is declared to be annexed to the La Pine Special Sewer District as of the date of the signing of
the Intergovernmental Agreement.
Section 6. The purpose of this District is to provide sanitation facilities and services to the
inhabitants of the District.
Dated this ! ~ of November, 2003
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
DE NIS R. LUKE, CHAIR
`"aFr -
ATTEST:
Recording Secretary
TOM DEWOLF, COMMISSIONER
MICA M. ALY, COMMI SIONER
Page 2 of 2- ORDER NO. 2003-113 (11/12/03)
SALEGAOSPECIAL DISTRICTS\NEWBERRY\SEWER DISTRICT\ORD 2003-113 NEWBERRY NEIGHBORHOOD ANNEX APPROVAL.DOC
EXHIBIT "A"
La Pine Special Sewer District
Annexation
Existing District
® Potential Annexation
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DOCUMENT POOR QUALITY
AT TIME OF RECORDING.
Page 1 of 4 - Exhibit W - Order No. 2003-113 (11/12103)
EXHIBIT "A"
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Sewer District
® Territory Proposed for
Annexation
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DOCUMENT POOR QUALITY
AT TIME OF RECORDING.
Page 2 of 4 - Exhibit "A" - Order No. 2003-113 (11/12/03)
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Page 3 of 4 - Exhibit "A!'- Order No. 2003-113 (11/12/03)
EXHIBIT "A"
KEY
Territory of LaPine Special
Sewer District
® Territory Proposed for
Annexation
T.22S. RIO E.W M.
DESCHQTES COUNTY
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Page 4 of 4 - Exhibit "A" - Order No. 2003-113 (11112/03)
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Exhibit "B"
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 %2 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 %2 of the southwest % of Section 11,
the Initial Point for this subdivision; thence South 89°02'19" East 743.02 feet, along the north line of
said north %2 of the southwest '/4 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 19°22'00" 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 36°35'10" 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 89°59'32" East 86.80 feet to a 5/8" iron rod at the southeast
corner of said northeast 1/4 of the southwest 1/4 ; thence North 04°37'43" West 1322.09 feet to a 5/8"
iron rod at the center % corner; thence South 89°08'03" East 1308.39 feet to a 3 %2" brass cap at the
center-east 1/16 corner; thence North 04°15'07" West 2677.16 feet to a 3 %2" brass cap at the east
1/16 corner on the north line of said Section 2; thence South 89°32'59" East 1326.56 feet to a 3 Y2'
brass cap at the northeast corner of said Section 2; thence North 89°45'17" East 1722.48 feet to a 2"
aluminum cap on the north line of said Section 1; thence leaving said north line, South 00°07'31" 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 77°32'35" East 422.42 feet) to a 2" aluminum cap; thence South 64°50'01" East 418.04
feet to a 2" aluminum cap; thence South 19°50'01" 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 28°31'07" West 475.92 feet) to a 2" aluminum cap; thence South 26°26'05" West
255.49 feet to a 5/8" iron rod; thence South 30°55'39" 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
40°38'13" 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 2048.8' and an "a" value of 0.4, (the long chord of which bears
South 31 °52'37" West 384.78 feet) to a 3/4" iron rod; thence South 30°55'39" West 6716.18 feet to a
5/8" iron rod on the east line of said north %2 of the southwest 1/4 of Section 11; thence leaving said
westerly right-of-way, South 00°20'32" West 1170.40 feet to a 5/8" iron rod at the southeast corner of
said north %2 of the southwest '/4 of Section 11; thence North 89°27'19" West 2613.51 feet to a 5/8"
iron rod at the southwest corner of said north Y2 of the southwest '/4 of Section 11; thence North
00°09'03" 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 "B" - Order No. 2003-113 (11/12/03)
EXHIBIT "C"
~JTES CO
Community Development Department
O 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: 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. 1645- 3 t 8
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 23.40(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.
Page 1 of 1 - Exhibit "CQ-u6}i~y A6ry6WjgSrt.p1  vith Pride