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32-672-Order Recorded 10/2/1979a.. VOL tJV* WE E3~~ BEFORE THE BOARD OF COUNTY CM-MISSIONERS OF THE STATE OF OREGON, DFSCHUTES COUNTY IN THE MATTER OF THE FORMATION OF THE SUNRISE VILLAGE SANITARY DISTRICT ORDER FORMING SANITARY DISTRICT This matter having come before the Deschutes County Board of Commissioners upon the petition for the formation of the Sunrise Village Sanitary District dated January 12, 1979, and public hearing for the formation of the sanitary district having been held and due public notice having been given, and the final hearing having been held on October 1, 1979 at 10:00 a.m., and the Commission being fully advised, The following Findings of Fact are hereby adopted: 1. The Mammoth Lakes Corporation, an Oregon corporation, filed its petition requesting formation of a sanitary district pursuant to ORS 198.705 to 198.955 and ORS 450.005 to 450.245. 2. The petition was signed by all the land owners in the area proposed to be formed into the sanitary district as of January 12, 1979. 3. The territory subject to the petition affects only Deschutes County. 4. The territory subject to the petition is uninhabited. 5. The territory that can be benefited by the formation of the district is described in EXHIBIT A, attached hereto and by this reference incorporated herein, and hereinafter referred to as "Sunrise Village". 6. Sunrise Village is a planned development being -1- f VOL Or. FAA73 developed in accordance with a zone change and master plan approved by Deschutes County. Three preliminary plats have been approved for Sunrise Village (#389, #415 and #444) and one final plat has been filed (plat #389, River Bluff Section, Sunrise Village). 7. Sunrise Village will be serviced, in part, by a community sewer system, plans of which have been approved by the Department of Environmental Quality. 8. Sunrise Village is not within the Bend Sewerage Facilities Plan as adopted by the Bend Area General Plan, Part III, and the Bend Regional Sewer System, Phase II, will exclude all of Sunrise Village when the Phase II boundary is finally adopted. 9. Formation of the district will permit development of Sunrise Village in accordance with the approvals referenced above, and consistent with past and prospective physical development of the land evidenced by said approvals. 10. No urban residential development is projected for lands lying west of Sunrise Village between it and U. S. Forest Service property. 11. There have been substantial expenditures made in accordance with the approvals referenced above, and formation of the district will allow continued development of Sunrise Village as originally approved. 12. Development of Sunrise Village as a planned develop- ment with a community sewer system allows clustering of some housing helping to preserve the character and quality of the area. -2- Vol 32 PAGE 674 13. Because the area will be outside the Bend Sewer System Phase II boundary, and because no urban residential develop- ment is projected between Sunrise Village and the U. S. Forest Service property, the Bend Regional Sewer System will not be adversely affected by the formation of this district. 14. Sunrise Village, the Bend Regional Sewer System and Deschutes County would not be benefited by allowing the annexation of additional property to the district, and conseUuently, 54,f/ - ~ W~ no annexation of or service to additional territory shsuI4--be permitted to the district. Furthermore, the district and the City of Bend shall enter into a management agreement for and in consideration of the district agreeing not to annex additional territory to the district. NOW, THEREFORE, based upon the above findings of fact, IT IS HEREBY ORDERED that a sanitary district be formed, to be }mown as SUNRISE VILLAGE SANITARY DISTRICT, comprised of the real property described in EXHIBIT A attached hereto and by this reference incorporated herein. IT IS FURTHER ORDERED, that the following persons be appointed as Directors on the initial Board of Directors of the Sunrise Village Sanitary District for the terms as shown: 0. Timothy Ward, term to expire October 1, 1982, L. Ross Mather, term to expire October 1, 1981, and -3- Martin West, term to expire October 1, 1980. DATED this 2nd day of October, 1979. VOL 32 PAq 675 BOARD OF COUNTY COMMISSIONERS BY Chai BY vl'l v ERT A. YOU Co issioner BY C ROBERT C. PAU SON, JR. Commissioner -4- Our No. 3301 VOL (Description Sheet) PARCEL NO. 1 3 RA76 SECTION I 0/. ow 1011179 A tract of land lying in Government Lot 2, (SW1/4NW1/4), and lying in Government Lot 3 (NW1/4SW1/4) of Section 7, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, the aforesaid tract of land being more particularly described as follows: That portion of Governmental Lot 2 lying southerly of the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road); together with the easterly 805 feet of Government Lot 3 lying southerly of the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road), but excepting therefrom a tract being particularly described as follows: Beginning at a point on the southerly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road) at a point where said right of way line interesects the East- West center section line of said section, said point further being North 2658.45 feet and East 496.80 feet from the Southwest corner of said Section Seven; thence northeasterly along said right of way line 1136 feet more or less to a point on the East line of aforesaid Government Lot 2; thence leaving said right of way line South 000 25' 14" East along said East line of said Government Lot 2, 756 feet more or less to the Southeast corner of said lot; thence South 00° 04' 05" West along the East line of aforesaid Government Lot 3, 1327.66 feet to the Southeast corner of said Lot; thence North 890 57' 49" West along the South line of said Lot 370.05 feet; thence leaving said line North 180 03' 28" West 1398.08 feet to a point on the North line of said Government Lot 3; thence North 89° 52' 20" West along said line 45.25 feet to the point of beginning. PARCEL NO. 1-B A tract of land lying in Government Lot 4, Section 7, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, the aforesaid tract of land being more particularly described as follows: Beginning at the Northwest corner of said Government Lot 4, thence South 89° 57' 49" East along the North line of said Lot 958.38 feet; thence leaving said line South 170 30' East 753 feet more or less to a point of intersection with the centerline of the Deschutes River; thence southwesterly along said centerline 1305 feet more or less to a point on the West line of said Government Lot 4; thence North 000 44' 02' East along said line 1220 feet more or less to the point of beginning. EXHIBIT A VOL 32 Fact 677 Our No. 3301 (Description Sheet) (Section I Continued) PARCEL NO. 2 A tract of land lying in Government Lot 3, (NW1/4 SW1/4) of Section 7, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and lying in the East half of the Southeast Quarter of Section 12, Township 18 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, the aforesaid tract being more particularly described as follows: All of Government Lot 3 of said Section 7, lying northerly of the northwesterly right of way line of Century Drive State Highway and lying southerly of the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road) together with the easterly 363 feet of the East half of the Southeast quarter of said Section 12, lying southerly of the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road) and northerly of the centerline of the Deschutes River, EXCEPT the easterly 805 feet of said Government Lot 3. PARCEL 2-A That portion of Lot 3, Section 7, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon (also known as the NW SW) lying southerly of the southerly right of way of Century Drive and northerly of the northerly right of way of the Shevlin-Nixon Railroad right of way (Brooks Scanlon Logging Road). PARCEL 2-B Beginning at a point on the northerly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road), said point being North 2,576.75 feet and East 201.00 feet from the Southwest corner of said Section Seven; thence along said right of way line North 56° 54' 28" East 100.00 feet; thence leaving said right of way line South 33° 05' 32" East 100.00 feet to a point on the southerly right of way line of said road; thence along said right of way line South 56° 54' 28" West 100.00 feet; thence leaving said right of way line North 330 05' 32" West 100.00 feet to the point of beginning. VOL 32 FACE 670 Our No. 3301 (Description Sheet) (Section I Continued) PARCEL NO. 3 A tract of land lying in the East half of the Southeast Quarter (El/2 SE1/4) of Section 12, Township 18 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, and lying in the Northeast Quarter of the Northeast Quarter of Section 13, said Township and Range, the aforesaid tract of land being more particularly described as follows: Beginning at a point in the centerline of the Deschutes River, said point being 560 feet westerly of, when measured at right angles, from the East line of said Section 12; thence South 300 West along centerline of Deschutes River 590 feet, more or less, to a point; thence leaving said centerline northerly along a line that is parallel with the West line of the Northeast Quarter of the Northeast Quarter of said Section 13, 510 feet, more or less, to a point on the North line of said Section 13; thence westerly along said Section line 213 feet, more or less, to a point that is 1,063 feet westerly of, when measured along said line, from the Northeast corner of said Section 13; thence leaving said Section line northerly along a line that is parallel with the'East line of said Section 12, 1,510 feet, more or less, to a point on the southeasterly right of way line of the Shevlin Hixon Railroad, (Brooks Scanlon Logging Road) ; thence northeasterly along said right of way line 840 feet, more or less, to a point that is 363 feet westerly of, when measured at right angles, from the East line of said Section 12; thence leaving said right of way line southerly along a line that is parallel with the East line of said Section 12, 1,900 feet more or less, to the point of beginning. ' VOL 32 FACE 679 Our No. 3301 (Description Sheet) SECTION II PARCEL 4 A tract of land, lying in the Southeast Quarter (SE1/4) of Section Twelve (12), Township Eighteen (18) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, and lying in the West Half of the Northeast Quarter (Wl/2NE1/4) of Section Thirteen (13), said Township and Range, described as follows: Beginning at a point on the North line of said Section 13, said point being.1,063 feet westerly of, when measured along said line, from the Northeast corner of said Section 13; thence westerly along said line 260 feet, more or less, to the Northeast corner of the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of said Section; thence southerly along the east line of the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of said Section, 1,340 feet, more or less, to the point of intersection with the centerline of the Deschutes River; thence southwesterly along said centerline 550 feet, more or less, to a point that is 1,668 feet westerly of, when measured at right angles to, the East line of said Section 13; thence northerly along a line that is parallel with the East line of said Section 1,725 feet, more or less, to a point on the North line of said Section 13; thence leaving said section line northerly along a line that is parallel with the East line of Section 12, 1,095 feet, more or less, to a point on the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road); thence northeasterly along said right of way line 750 feet, more or less, to a point that is 1,063 feet westerly of, when measured at right angles, to the East line of Section 12; thence southerly along a line that is parallel with said East line-of said Section 1,510 feet, more or less, to the point of beginning. va 32 FACE 600 Our No. 3301 (Description Sheet) (Section II Continued) PARCEL 5 A tract of land, lying in the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section Twelve (12), Township Eighteen (18) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, and lying in the West Half of the Northeast Quarter (Wl/2NE1/4) of Section Thirteen (13), said Township and Range, described as follows: Beginning at a point on the North line of said Section 13, said point being 1,668 feet westerly of, when measured along said line, from the Northeast corner of said Section 13; thence leaving said line southerly along a line that is parallel with the East line of said Section 1,725 feet, more or less, to the point of intersection with the centerline of the Deschutres River; thence southwesterly along said centerline 700 feet, more or less, to a point that is 2,113 feet westerly of, when measured at right angles to, the East line of said Section 13; thence leaving said centerline northerly along a line that is parallel with the East line of said Section 2,290 feet, more or less, to a point on the North line of said Section 13; thence northerly along a line that is parallel with the East line of said Section 12, 820 feet., more or less, to a point on the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road) ; thence northeasterly along said right of way line 525 feet, more or less, to a point that is 1,668 feet westerly of, when measured at right angles, to the East line of said Section 12; thence leaving said right of way line southerly along a line that is parallel with the East line of said Section 12, 1,095 feet, more or less, to the point of beginning. VOL 32 FAGF 681 Our No. 3301 (Description Sheet) (Section II Continued) PARCEL 6 A tract of land, lying in the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section Twelve (12), Township Eighteen (18) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, and lying in the West Half of the Northeast Quarter (W1/2NE1/4) of Section Thirteen (13), said Township and Range, described as follows: Beginning at a point on the North line of said Section 13, said point being 2,113 feet westerly of, when measured along said line, from the Northeast corner of said Section 13; thence leaving said line southerly along a line that is parallel with the East line of said Section 2,290 feet, more or less, to the point of intersection with the centerline of the Deschutes River; thence southwesterly along said centerline 460 feet, more or less, to a point that is 2,526 feet westerly of, when measured at right angles to, the East line of said Section 13; thence northerly along a line that is parallel with said East line 2,450 feet, more or less, to a point on the North line of said Section 13; thence northerly along a line that is parallel with the East line of said Section 12, 660 feet, more or less, to a point on the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road) ; thence northeasterly along said right of way line 450 feet, more or less, to a point that is 2,113 feet westerly of, when measured at right angles, to the East line of said Section 12; thence leaving said right of way line southerly along a line that is parallel with the East line of said Section, 820 feet, more or less, to the point of beginning. VOL 32 FADE 6 2 Our No. 3301 (Description Sheet) (Section II Continued) PARCEL 7 A tract of land, lying in the South Half of the South Half (S1/2S1/2) of Section Twelve (12), Township Eighteen (18) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, and lying in the West Half of the Northeast Quarter (W1/2NE1/4) and the East Half of the Northwest Quarter (E1/2NW1/4) of Section Thirteen (13), said Township and Range, described as follows: Beginning at a point on the North line of said Section 13, said point being 2,526 feet westerly of, when measured along said line, from the Northeast corner of said Section 13; thence southerly along a line that is parallel with the East line of said Section, 2,450 feet, more or less, to the point of intersection with the centerline of the Deschutes River; thence southwesterly along said centerline 125 feet, more or less, to a point on a southeasterly projection of the northeasterly line of that tract of land recorded in Volume 128, Page 579, Deed Records of Deschutes County, Oregon; thence along said projected line and along the northeasterly line of said tract North 260 18' West 450 feet, more or less, to the most northerly corner of said tract; thence along the northwesterly line of said tract South 55° 53' West 275 feet, more or less, to a point that is 3,002 feet westerly of, when measured at right angles to, the East line of said Section 13; thence-Northerly along a line that is parallel with said East line of said Section 2,160 feet, more or less, to a point on the North line of said Section 13; thence northerly along a line that is parallel with the East line of said Section 12, 470 feet, more or less, to a point on the southeasterly right of way line of the Shevlin Hixon Railroad (Brooks Scanlon Logging Road) ; thence northeasterly along said right of way line 510 feet, more or less, to a point that is 2,526 feet westerly of, when measured at right angles, to the East line of said Section 12; thence southerly along a line that is parallel with said East line of said Section 660 feet, more or less, to the point of beginning. Our No. 3301 (Description Sheet) 1 J ` ~ (Section II Continued) PARCEL 8 f A 32 FADE 60 J Beginning at the Northeast corner.of Section 13, Township 18 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon; thence West along the North line of Section 13, 3497.00 feet to the point of beginning; thence southerly, parallel to the East line of Section 13, 1834.26 feet; thence North 600 38' 30" East, 550.00 feet, more or less, to a point that is 3002 feet westerly of, when measured at right angles to, the East line of Section 13; thence northerly, parallel to the East line of Section 13, 1575 feet, more'or less, to the southerly right of way line of the Shevlin-Nixon Railroad right of way (Brooks Scanlon Logging Road); thence South 63° 38' 30" West along said right of way line 550 feet, more or less, to a point North of the point of beginning; thence South 230.00 feet, more or less, to the point of beginning. c~ 1 .0 te) i , e , N VOL 32 PA,E 184 ~r o' ~ ~ `til z • v L i1 1 JA f ~ o r J 1 i c, ~ L O) . 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