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2005-920-Order No. 2005-059 Recorded 7/13/2005REVIEWED Y-~,L LE AL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS 1005910 NANCY BLANKENSHIP, COUNTY CLERK 1iJ J COMMISSIONERS' JOURNAL 07/13/2005 04;40;53 PM illllll IIIIIIIIIIIIIIIIII II I III 2005-'20 rm r%X;UUl Ulllb' 13LCLLIIF V111, BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Braaten Annexation into Oregon Water Wonderland Unit II * ORDER NO. 2005-059 Sanitary District WHEREAS, a petition requesting annexation of territory into Oregon Water Wonderland Unit II Sanitary District was duly filed with the Board of County Commissioners of Deschutes County on May 2, 2005, 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 July 13, 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 Oregon Water Wonderland Unit II Sanitary 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 the required information; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Braaten petition for annexation into Oregon Water Wonderland Unit II Sanitary District attached to and referenced in Order No. 2005-055 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 Braaten petition and as set forth, and shall be known as the "Braaten Annexation." Section 3. That the applicable land use criteria pertinent to the proposed annexation, 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 Braaten Annexation is declared to be annexed into Oregon Water Wonderland Unit II Sanitary 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 Oregon Water Wonderland Unit II Sanitary District. Page 1 of 2 - ORDER NO. 2005-059 (07/13/05) Section 6. The purpose of this District is to provide sanitation facilities and services within the District. DATED this 13th day of July, 2005 ATTEST: USecretary BOARD OF COUNTY COMMIS OF DESCHUTES COUNTY, OR] TOM , Chair MICHAEL M. D Y, C missioner D IS R. LUKE, Commissioner Page 2 of 2 - ORDER NO. 2005-059 (07/13/05) EXHIBIT "A" Real property in the County of Deschutes, State of Oregon, described as follows: That portion of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 24, TOWNSHIP 20 SOUTH, RANGE 10, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, which lies Northeasterly of the centerline of thread of the Deschutes River. EXCEPT: that portion conveyed to First State Bank of Oregon, by deed recorded June 24, 1981 in Book 343, Page 245: A parcel of land located in Section 24, Township 20 South, Range 10 East of the Willamette Meridian, Deschutes County, Oregon and described as follows: Beginning at the Northwest corner of the Northeast one-quarter of said Southeast one-quarter of Section 24, said point being also the center East one-sixteenth corner of said Section 24; thence from said pint of beginning and running South 03° 41'24" West a distance of 185.99 feet to a point (monumented by a set 5/8" x 30" steel rod); thence South 39° 28' 07" a distance of 100.41 feet to a point (monumented by a set 5/8" x 30" steel rod); thence South 35° 41' 41 West to the centerline of the Deschutes River; thence running Southeasterly along the centerline of the Deschutes River to the East one-sixteenth line of said Section 24, said line also being the West line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, thence running Northerly along said line to the point of beginning. ALSO EXCEPTING THEREFROM: A parcel of land in the Southeast Quarter of Section 24, TOWNSHIP 20 SOUTH, RANGE 10 EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, described as follows: Commencing at the #5 rebar that marks the center East One-Sixteenth corner of said Section 24; thence North 89° 43'02" West 317.66 feet upon the East-West center of section line of said Section 24 (also being the South boundary of said Oregon Water Wonderland, Unit 2) to the point of beginning; thence continuing upon said East- West center of section line 290.02 feet to the centerline of the Deschutes River; thence upon said river centerline South 51 ° 01' 39" East 150.96 feet; thence North 74° 43'45" East 137.35 feet; thence North 35° 00' 00" East 70.00 feet to the point of beginning. Tax Parcel Number: 137505 EXHIBIT A - ORDER No. 2005-059 (07/13/05) EXHIBIT "B" On 0 0 0 CD 0 0 ~w ~ ~ EO o 0 0 CD . a y >c 4D CD w \ ° a \ ~ riq Cl) W in o' U n Ss/ map 20 11 lye m my a 0m c m0 ~ N A o -1 O 0 C -40 m EXHIBIT B - ORDER No. 2005-059 (07/13/05) N Ja v ~JTES Q EXHIBIT "C zu Community Development Department A AA 0 Planning Division • Building Safety Division • Environmental Health Division %00' 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http://www.co.desch utes.or. us/ cdd/ MEMORANDUM DATE: June 3, 2005 TO: Laurie Kendall, Legal Assistant FROM: Paul Blikstad, Associate Planner RE: Annexation to Oregon Water Wonderland Sewer District, File No. 16-854 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 section of the County Comprehensive Plan, General Policies. (Section 23.68.020), is the following 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. Sewer service is an important aspect of unincorporated community development for the South County area, as this area has a relatively high water table and ground water pollution problems. Annexation to the District for an area within this area of the County meets the intent of the comprehensive plan for rural development. Staff finds that the proposed annexation to the Oregon Water Wonderland Sewer District is consistent with the County Comprehensive Plan and Statewide Planning Goals. EXHIBIT C - ORDER N0.2005-059 (07/13/05) Quality Services Performed with Pride