2004-1466-Order No. 2004-107 Recorded 12/29/2004REVIEWED
LEGAL COUNSEL
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS ~d ~OOT-1466
COMMISSIONERS' JOURNAL 12/29/2004 03;01;15 PM
IIIIIIII II IIIIIIIIIIII (IIII III
2004-1 6d
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date
For Public Hearing for Petition filed for the
C.B. Foss Annexation into the Terrebonne * ORDER NO. 2004-107
Domestic Water District
WHEREAS, a petition requesting annexation of territory into Terrebonne Domestic Water District
was duly filed with the Board of County Commissioners of Deschutes County on December 14, 2004; a
copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is January 26, 2005; and,
WHEREAS, the Board chooses to also require publication notice for special district annexations; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the Terrebonne Domestic Water District, a copy of
which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday, January
26, 2005, at 10:00 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County,
Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice
to be published in The Bulletin on January 5, 2005, and January 19, 2005 and posted on January 5, 2005,
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.
PAGE 1 OF 2 - ORDER NO. 2004-107 (12/29/04)
Section 4. The Director of the Deschutes County Community Development Department shall cause
to be filed with this Board prior to January 26, 2005 (hearing date), a land use compatibility statement
regarding this proposed special district annexation as contemplated in ORS 197.175 and 199.462, and any
other applicable statutory authority.
Dated this Z~ of D' cember, 2004
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
AEL . DALY, C AIR
NNIS R. LUKE, COMMISSIONER
TOMIDeWOLF, CqS J ONER
PAGE 2 OF 2 - ORDER NO. 2004-107 (12/29/04)
SEL 704
REV. t/14/93 SECURITY DEPOSIT
FOR SPECIAL...ISTRICT FORMATION OR REuRGANIZATION
❑ FORMATION [2] ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION
-j~1Tx Q V 1 e- 1 ff 5,f1 i W(~ District
ORS 198.77$
No. of precincts in district @ $ per precinct = $ (maximum of $10,000)
total deposit
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CAS CCURI DEPOSIT
1. NAME (PRINT). ~~h~'r 1 SIGNA
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIF1
RENT) 1
CITY, STATE, ZIP CODE X775
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT )ait
KIND OF CONTRIBUTION:* CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/ VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
CHIEF PETITIONERS
I/we hereby declare ife costs. of the attempted formation, annexation, withdrawal, or dissolution of
^Tf' W1~>_M e l Val ' district exceed the deposit, I/we will pay to the county treasitrer
the amount of the excess costs (ORS 195.775).
1. NAME (PRINT) C• - ,
RESIDENCE ADDRESS Cl ~D1
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE 7t AT ,h,,) r
2
NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
3.
NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
SIGNATURE U.S
DATE -Cl- 30- 0
Yf5
DAY TELEPHONE S4
SIGNATURE
DATE
DAY TELEPHONE
SIGNATURE
DATE
DAY TELEPHONE
Provide additional description of security deposit on reverse or separate sheets. Additional contributors maybe listed on separate sheets and attached.
EX. N►GIT A PAGE
BEFORE THE BOARD OF COMMISSIONERS
OF DESCHUTES COUNTY
STATE OF OREGON
In re:
)
PETITION TO ANNEX
)
PROPERTY TO TERREBONNE
)
DOMESTIC WATER DISTRICT
)
PURSUANT TO ORS 198.850
)
WITHOUT ELECTION
)
Comes now the undersigned legal owners of the real property lying adjacent to the
boundary of the Terrebonne Domestic Water District and pursuant to ORS 198.850 does hereby
petition the Deschutes County Commissioner to annex to the Terrebonne Domestic Water
District the following described real property in Deschutes County to wit:
66.7+ acres located between highway 97 and the Burlington
Northern Railroad and North of H Street; on the North %2 of the NE
1/4 of section 16 South, Range 13 W.M in Deschutes County,
Oregon aka Tax lot 100.
2
That the Terrebonne Domestic Water is a public entity existing pursuant to ORS Chapter
264 and exists in Deschutes County, State of Oregon.
That the District Board of Directors at its regular Board of Directors meeting held on
November 9, 2004, adopted a resolution consenting to, approving and supporting the annexation
of the above described property to Terrebonne Domestic. Water District, a copy of said resolution
is attached to this petition and marked Exhibit A and made a part hereof as though wholly
PAGE 1 PETITION TO ANNEX PROPERTY (Terrebonne Water Dist.)
G:\WP51 \RLB\TERREBON\1 12303 PetitionAnnexProp.wpdGk)
BRYANT, EMERSON do FITCH
ATTORNEYS AT LAW
BBB WEST EVERGREEN AVENUE
P.O. BOX 457
REDMOND. OREGON 97756-0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
M. o'13) 1T _A_ PAGE
incorporated herein.
3
Wherefore undersigned petition that the Deschutes County Commissioner to set a public
hearing to consider this petition and provide notice to all as required by ORS 198.857 (3)(4).
Dated this 2 Y day of NO 2004.
C.B. Foss
0✓»
Property Owner
The Terrebonne Domestic Water District does
hereby approve the filling of this petition:
,~~E OME IC WATER DISTRICT
TByR~~E,BO1 ;:4
~rJl fi~N~ c
Title
Date
PAGE 2 PETITION TO ANNEX PROPERTY (Terrebonne Water Dist.)
G:\WP51 \RLB\TERREBON\ l 12303 PetitionAnnexProp.wpd6k)
BRYANT, EMERSON & FITCH
ATTORNEYS AT LAW
888 WEST EVERGREEN AVENUE
P.O. BOX 457
REDMOND, OREGON 97758-0103
EMNDIT _PAGE _ TEL FN((54I) B-189&52,5,
CERTIFICATE OF RESOLUTION
Comes now the undersigned secretary of the Terrebonne Domestic Water District and
hereby certifies that the following resolution was adopted by the Board of Directors of the
Terrebonne Domestic Water District at its regular meeting on Tuesday, November 9, 2004.
BE IT HEREBY RESOLVED, that Ten ebonne Domestic Water District, an Oregon
corporation, does hereby consent, approve and support the annexation of the following described
property to wit:
66.7+ acres located between highway 97 and the Burlington
Northern Railroad and North of H Street; on the North %2 on the
NE 1/4 of section 16 South, Range 13 East W.M in Deschutes
County, Oregon aka Tax lot 100.
into the Terrebonne Domestic Water District; and
BE IT FURTHER RESOLVED, that the Terrebonne Domestic Water District Board
support a petition to the Deschutes County Board of Commissioners for annexation of the above
described property to the Terrebonne Domestic Water District by the owner of the property; and
BE IT FURTHER RESOLVED, that the Chairman and Secretary are hereby authorized
on behalf of the Terrebonne Domestic Water District Board to endorse the Terrebonne Domestic
Water District approval on the petition for annexation; and
BE IT FURTHER RESOLVED, that the Chairman of the Board is further authorized to
execute any and all documents necessary to effectuate this resolution.
Dated this ~ day of , 2004.
TE O D STIC WAT R DISTRICT
ByRl Chi r /IV12y G y
Secretary PAGE I CERTIFICATE OF RESOLUTION - EXHIBIT A
G:\WP51\RI.B\TERREBON\I12303PetitionAnnexProp.Exh A.wpdok)
E X 1 NNE)IT PAGE _
BRYANT, EMERSON & FITCH
ATTORNEYS AT LAW
888 WEST EVERGREEN AVENUE
P.O. BOX 457
REDMOND, OREGON 97758-0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
December 9, 2004
HAND DELIVERED
LAURIE CRAGHEAD
DESCHUTES COUNTY LEGAL COUNSEL
1300 NW WALL STREET
BEND, OR 97701
RE: Additional Documentation for the Foss Annexation Application to the Terrebonne
Domestic Water District
Dear Ms. Craghead:
The purpose of this letter is to advise that the property described in the Petition to Annex
Property to Terrebonne Domestic Water District Pursuant to ORS 198.850 Without
Election which I executed on November 24, 2004, is uninhabited. Please add this letter
to the Petition to conform with ORS 198.750(f).
Thank you,
C.B. Foss
of - -I
Property Owner
EX. ~~~IT PAGE
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DOCUMENT POOR QUALITY
AT TIME OF REC09DING. EX; i~~IT _ PAGE
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Chapter 23.28
DOCUMENT POOR O JALITY
AT TIME- OF RE
(01/2002)
EX`;'.GIT PAGE _
Mop Cl: Terrebanne Domestic Water District
EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, the Foss Annexation into the Terrebonne
Domestic Water District will be held on January 26, 2005, at 10:00 a.m. in the Board of County
Commissioners' Hearing Room, First Floor, 1300 NW Wall 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 water services for the inhabitants of the
proposed area to be annexed. All interested persons may appear and be heard.
Deschutes County conducts public meetings in locations which are wheelchair accessible.
Deschutes County also provides reasonable accommodations for persons with disabilities. For
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours notice
of the request. Written information will be made available in large print or audio format. To
request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
MICHAEL M. DALY, Chair
To be published in The Bulletin: 1/05/05 and 1/19/05
To be posted: 1/05/05
EXHIBIT "B" - ORDER 2004-107 (12/29/04)