2005-66-Order No. 2005-002 Recorded 1/26/2005REVIEWED
4
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
2005-6dRECORDS
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DS
CLERK Q 2005'66
01/26/2005 04:15:13 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Annexation
of C.B. Foss Annexation into the
Terrebonne Domestic Water District
ORDER NO. 2005-002
WHEREAS, a petition requesting annexation of territory into the Terrebonne Domestic Water District
was duly filed with the Board of County Commissioners of Deschutes County on December 14, 2004, and
WHEREAS, the Deschutes County Assessor's Office has verified that the annexation petition was
signed by the the real property owner within the areas to be annexed, and
WHEREAS, a public hearing was held on January 26, 2005, 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 annexations of said territory into the Terrebonne Domestic Water District, and
WHEREAS, in its preliminary review, the Oregon Department of Revenue rejected the legal description
submitted by the petitioners and the petitioners have since submitted a corrected legal description; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
Section 1. That the Foss petition for annexation into the Terrebonne Domestic Water District attached
to and referenced in Order No. 2004-107 is hereby incorporated by reference and is approved.
Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit "A"
and depicted on the map marked Exhibit "B" of the Foss petition and as set forth, and shall be known as the
"C.B. Foss 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.
Section 4. That the territory included in the Foss Annexation is declared to be annexed into the
Terrebonne Domestic Water District as of the date of this Order.
Section 5. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon
Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office, and
the Terrebonne Domestic Water District.
Page 1 of 2 - ORDER NO. 2005-002 (1/26/05)
Section 6. The purpose of this District is to provide fire protection services within the District.
DATED this 26th day of January, 2005.
DATED: January 26, 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES CO TY, OREGON
Tom DeWolf, Chai _
ATTEST: j
Recording Secretary
.ee
R. Luke, mi ss io ern
Page 2 of 2 - ORDER NO. 2005-002 (1/26/05)
EXHIBIT "A"
Parcel 1 of Partition Plat No. 2004-35, Deschutes County, Oregon.
Exhibit "A" - Order No. 2005-002 (01/26/05)5
EXHIBIT "B"
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,"~~EC^ EXHIBIT "C"
01
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: December 16, 2004
TO: Laurie Kendall, Legal Assistant, County Legal Counsel
FROM: Paul Blikstad, Associate Planner F
RE: Annexation to Terrebonne Domestric Water District, C.B. Foss
Annexation, Your file no. 16-599
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,
Section 23.68.020, Policies, is the following general policy:
e. 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 Terrebonne Rural Community Plan Policies lists the following policies
under section 23.28.010(C)(2)(b):
4. New uses or expansion of existing uses requiring land use approval
in the Terrebonne Domestic Water District service area shall be
approved only upon confirmation from the District that the District
can provide water for domestic or commercial uses to the property.
5. Deschutes County shall encourage all development in the District
service area to connect to the Terrebonne Domestic Water District
water system.
It is clear that a reliable and safe water system is an important aspect of rural
development, as evidenced by the above policies and the overall comprehensive plan.
Staff finds that the proposed annexation to the Terrebonne Domestic Water District is
consistent with the County Comprehensive Plan and Statewide Planning Goals.
Exhibit "C" - Order No. 2005-002 (01/26/05)5
Quality Services Performed with Pride