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2024-226-Order No. 2024-025 Recorded 8/8/2024EVIEWE `i'D, / LEGA C UNSEL Recorded in Deschutes County CJ2®24-22i� Steve Dennison, County Clerk Commissioners' Journal 08/08/2024 11:59:26 AM ,���"fj`° IIIIIIIIIIIIIIIIIIIIIIIIiIIIIII 2024-226 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order to Form the Tumalo Basin Sewer District * ORDER NO. 2024-025 * WHEREAS, Petitioners submitted a petition (Exhibit A) for formation of the Tumalo Basin Sewer District ("District") that the Board accepted on July 17, 2024 by Order 2024-024; and WHEREAS, the Board held a duly noticed public hearing on July 17, 2024, and all interested persons had a chance to appear and be heard; and WHEREAS, Board Order 2024-024 set the final hearing date for this order as August 7, 2024; and WHEREAS, the Board has reviewed the petition based solely on the criteria set forth in ORS 198.805. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. Consistent with and pursuant to ORS Chapter 255 and ORS Chapter 198, the Tumalo Basin Sewer District is hereby formed. Section 2. The purpose of this District is to finance, construct and manage a wastewater system within the District boundaries. Section 3. The District Boundary shall be substantially as legally described in Exhibit B and depicted on the map in Exhibit C. Section 4. The County Legal Department shall cause certified copies of this Order to be filed with the Deschutes County Clerk and Assessor and the Oregon Department of Revenue and Secretary of State pursuant to ORS 198.780. PAGE 1 OF 2- ORDER NO. 2024-025 0-1 Dated this day of ; 2024. ATTEST: ) Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON - 'k b-- -/� '� PAWI ADAIR, CHAIR 9y 5 ANTHONY DeBONE, VICE CHAIR PHIL CHANG, COMMISSIONER PAGE 2 OF 2- ORDER NO. 2024-025 (to Order No. 2024-025) 0 '1 „I I I I 1111 11— , 1t (Name of District) The undersigned, in support of this Petition, state as follows: 1. This Petition for Formation is filed pursuant to ORS 198,705 to 198.955 on April 30, 2024 (date) and Petitioners request the Board commence proceedings to form the territory described below as Tumalo Basin Sealer District Deschutes County, Oregon: (name of district) See attached lot and block description and boundary map. (describe the territory and boundaries of the proposed District in detail, If more room is needed, a detailed description may be attached to this petition) 2. The principal act for Tumalo Basin Sewer District (name of district) is ORS 450.005 to 450.245 (Proper statutory reference required, see ORS 198.010 for listing of appropriate principal act) 3. (if applicable) The District board members will be generally elected and the number of board members is five 5 (if consent by all landowners) The names of the first board members areas follows and each has consented in writing by the attached acceptance: Should the Board of County Commissioners issue a formation order, the Tumalo Basin Sewer District will hold elections pursuant to ORS Chapter 255 to elect the first district board. (list each proposed board member) 4. (if applicable) The District includes a proposed permanent rate limit for operating taxes and the proposed rate is N/A — No tax revenues are necessary to support the services and functions described in the economic feasibility statement. (expressed in dollars per thousand dollars of assessed value) 5. This Petition for Formation affects only Deschutes County and is not in any incorporated city limits. 6. The Board of N/A (name of agency(ies) required to give approval under district's principal act) approved the petition pursuant to ORS 198.800 on NIA (insert date). (Certification of such approval by the relevant agency(ies) is provided below.) 7. The territory subject to this Petition for Formation is primaril inhabited uninhabited (circle one). This petition is signed by land owners and/or registered voter area proposed to be formed as indicated opposite their respective signature, and all signatures were obtained on or after the 91 day of April, 2024. rev 05/ 19 Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Fiend, OR 97703; FAX 541-617-4748; legalcounsel(ldescliutes.org 8. (if applicable) The proposed formation is subject to the following terms and conditions: N/A 9, This Petition has been signed by at least 15 owners of land or owners of 10 percent of the acreage, (whichever is greater) within the area proposed to be formed. 10. A security deposit form and payment and an economic feasibility statement are attached to this petition. 20 Zgby 01QQx+ tChief Petitioner(s). Mi® 2� Sf- &11c). OPZ. 9`1703 Address, City, State, ZIP Approved by the Board of Name of Agency Agency Signature 0 (Print Flame) Title: DATED this® day of , 2024 Approved by the Board of Name of Agency Agency Signature By: (Print Name) Title: DATED this day of , 2024 rev 05i19 Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; legalcounselGdeschutes.org ■ (to Order No. 2024-025) Tumalo Sanitary District Service Area Boundary Description (Lot & Block) Prepared by: Dan Finnell (Parametrix Inc.) Date:4/2/2024 The proposed service area boundary includes the following blocks and lots in the Plat of Laidlaw, recorded August 30, 1904, under County Survey No. 10229, Deschutes County Survey Records, situated in Section 31, Township 16 South, Range 12 East, W.M. Deschutes County, Oregon: Block 1 Lots 1-12 (See Attached Description) Block 19 Lots 1-24 Block 2 Lots 1-12 (See Attached Description) Block 20_ Lots 1-24 Block 3 Lots 1-12 (See Attached Description) Block 21 Lots 1-5 (See Attached Description Block 6 Lots 1-12 for TL4900) Block 7 Lots 1-12 Block 23 Lots 1-24 Block 8 Lots 1-12 Block 24 Lots 1-24 Block 9 Lots 1-12 Block 25 Lots 1-4 & 13-24 (NE of US HWY 20) Block 29 Lots 1-5 & 7-12 (NE of US HWY 20) Block 10 Lots 1-24 Block 11 Lots 1-24 Block 30 Lots 1-12 Block 13 Lots 1-24 Block 31 Lots 4-6 Block 14 Lots 1-24 Block 32 Lots 1-6 Block 15 Lots 1-24 Block 33 Lots 1-12, & PT. of vacated Cook Ave. Block 16 Lots 1-12 (NE of US HWY 20) Block 40 Lots 1-3 & 7-12 (NE of US HWY 20) Block 17 Lots 10-12 (NE of US HWY 20) Block 41 Lots 1-6 Block 18 Lots 1-24 (NE of US HWY 20) Block 42 lots 1-6 (NE of US HWY 20) Together with: Vacated portions of 3rd Street beginning at Strickler Ave east to centerline of Bruce Ave Vacated portions of Bruce Ave between blocks 7 & 6, 10 & 11 Vacated portion of Wood Ave between blocks 7 & 8, 9 & 10, 17 & 18 Vacated portions of 6th Street between blocks 18 & 25, 20 & 23 Vacated portions of 9th Street between blocks 33 & 40, 32 & 41 Vacated portions of 10th Street East of Hwy 20 Vacated portions of Wharton Ave 32 & 33, 40 & 41, 42 & US HWY 20 Vacated portions of Riverside Ave between block 21 and the Deschutes River Vacated portions of alleys in blocks 1, 2, 3, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20, 23, 24, 25, 29, 30, 33,40 Together with the following lots in the plat of Deschutes River Tract, filed August 16, 1960, under County Survey No. 06751, Deschutes County Survey Records, situated in Section 31, Township 16 South, Range 12 East, W.M. Deschutes County: Lots 4-6 Lots 25 & 26 Lots 14 & 15 Lots 28 & 29 Lots 35-37 Lots 44-46, & 49 Lot 43, Excepting Therefrom: Beginning at the Southeast corner of said Lot 43, also being the Northeast corner of Lot 38; thence S89°51'14"W, along the line between Lots 43 and 38, a distance of 190.00 feet to point on the South line of Lot 43, also being the Northwest corner of Lot 38; thence N00°45'44"W, 67.00 feet; thence N89°51'14"E, 143.53 feet to the East line of Lot 43; thence S35°18'12"E, along the East line of Lot 43, a distance of 81.95 feet to the true point of beginning. Together with: A parcel of land located in the Southeast Quarter of Section 31, Township 16 South, Range 12 East of the Willamette Meridian, being a portion of Lot 47, DESCHUTES RIVER TRACT, Deschutes County, Oregon, described as follows: Commencing at the Southwest corner of said Lot 47, thence S89°36'20"E, along the South line of Lot 47, also being the North line of Elm Lane, a distance of 187.01 feet; thence 8.26 feet along the arc of a 30.00 foot radius curve concave to the southeast (the long chord of which bears N38°32'54"E, 8.23 feet) to the true point of beginning: thence N46°26'41"E, 62.95 feet to the westerly bank of the Deschutes River; thence S57°15'09"E, along the westerly bank of the Deschutes River, 124.71 feet tot the Southeast corner of Lot 47, also being the Northeast corner of Lot 43; thence N88°44'53"W, along the line between Lots 47 and 43, a distance of 99.86 feet to the easterly right-of-way of Elm Lane; thence 70.21 feet along the arc of a 30.00 foot radius curve, concave to the Southwest, (the long chord of which bears N66°30'20"W, 55.25 feet), to the true point of beginning. Lots 52 & 53 LEGAL DESCRIPTION Lot 38, DESCHUTES RIVER TRACT, DESCHUTES COUNTY, OREGON TOGETHER WITH: A portion of Lot 43, DESCHUTES RIVER TRACT, located in the Southeast Quarter (SE'/4) of Section 31, Township 16 South, Range 12 East, of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at the Southeast corner of said Lot 43, also being the Northeast corner of Lot 38; thence S.89° 51' 14" W, along the line between Lots 43 and 38, as shown on the plat of DESCHUTES RIVER TRACT, 190.00 feet to a point on the South line of Lot 43, also being the Northwest corner of Lot 38; thence N 00' 45' 44" W. 67.00 feet; thence N 89' 5 V 14" E, 143.53 feet to the East line of Lot 43; thence S 35' 18' 12" E, along the East line of Lot 43, a distancg of 81.95 feet to the point of beginning. CORRECTED LEGAL 1-W.49Il., gu .,% A parcel of land located in the Southeast Quarter of Section 31, Township 16 South, Range 12 East of the Willamette Meridian, being a portion of Lot 47, DESCHUTES RIVER TRACT, Deschutes County, Oregon, described as follows: Beginning at the Southwest corner of said Lot 47; thence North, along the West line of Lot 47, a distance of 93.00 feet; thence N 78 13' 40" E, (N 78° 24' 00" E, 114. 06 feet, Deed Volume 2013, Page 33419, Deschutes County Official Records), 114.13 feet to the North line of said Lot 47; thence N 89' 5 P 14" E, along the North line of said Lot 47. a distance of 47.13 feet to the westerly bank of the Deschutes River; thence S 49' 17' 38" E, along the.westerly bank of the Deschutes River, 104.08 feet; thence S 46' 26' 4 1 " W, 62.95 feet to the Noah line of Elm Lane; thence 8.26 feet along the are of a 30.00 foot radius curve concave to the southeast (the long chord of which bears S 38' 32' 54" W, 8.23 feet); thence N 89' 36' 20" W, along the North line of Elva Lane, 187,01 feet to the true point of beginning. TOGETHER WfM all that portion of Lot 51 DESCHUTES RIVER TRACT, Deschutes County, Oregon, lying South of the following described line: Commencing at the Southwest comer of said Lot 51; thence S 89' 58' 00" E,111.73 feet to the true point of beginning: thence N 78' 24' 00" E to the westerly bank of the Deschutes River and the terminus of this description. Containing 0.54 acres more or less. EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF ALLEYS IN LAAIDLAW Alleys in Block 2 and 3; Thirty feet abutting Lot 12, Ulock 1; Thirty feet abutting lots 1 and 12 Block 2; Thirty feet abutting lots 1 and 12 Block 3; located in the plat of Laidlaw (Tumalo). SUBJECT TO the reservation of a utilities easement in and Upon all of the property; for the purposes of continuing, constructing, installing, maintaining, repairing, reconstructing, replacing, enlarging and altering; wires, poles, pipes, lines, structures, casings supports, equipment, facilities and appurtenances; at the present" and in the future; necessary or convenient, to Deschutes County, a political subdivision of the State of Oregon, its agents, licensees and permitt.ees; forever. EXHIBIT A Parcel 1: Lots 1, 2, 3, 4, and 5 in Block 11 of Townsite of Laidlaw, Deschutes County, Oregon, together with that portion of vacated Bruce Avenue accruing to said lots. EXCEPT that portion of the vacated alley accruing to said lots. Tax Acco un t number: 16 -12-3 1 -AO-O, 15 00 Also known as: 19849 Yd St. Parcel 2: 'L _o t a ---- 1',-'2, 1, 4 arid 5 in Block 21, TOGZ . THzR I WITH . that P'0'rtIo'n 'of Avenue adjacent thereto vacated by Deschutes County Commissioner' order dated April 2, 1973, and that portion of Sixth $treet adjacent thereto vacated by Desebutes County Commissioners' order dated June 14, 1971, which inktrad to said lots upon the vacation thereof, all located in the TOWSITS OF T-AIDLAW, Deschutes County, Oregon, That portion of the Northeast quarter (NE 1/4) of Section Thirty—one (30, Township Sixteen (16"; South, Range Twelve (12) East of theWillamette Meridian, Deschutes County, Oregon, described as follows. Co=iencing at the Northerly corner of Lot 61 of Deschutes River Tract; thence North $90 581 West along the Northerly line of Riverview Avenue, a distance of 41.00 feet; thence .North 00' 131 East, a distance of 129.43 feet to the Southwesterly side of the Deschutes River, in said Northeast Quarter (NE 1/4)of said Section 31 gild the true point of beginning; thence South 00* 131 WeAt,a distance of 129.43 feet to the North line of Riverview &venue; thence South89' 581 East along the said North line, a distance of 20.5 feet; thence Nortit00® 131 East, a distance of 20.00 feet; thence South 870 581 20" East, adistance of 275.00 feet, more or less, to the centerline of the Deschutes River; thence Northerly along said centerline to the Southeast corner of the land conveyed in the dead ,to Deschutes County, recorded June 4, 1969 in Book165 at page 23 of Deed Records; thence South 68* 011 30" West, a distance of 139-00 feet to the Southwest corner of said land conveyed to Deschutes County; thence South 14' 481 24" East to the true point of beginning. 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I- ER NE rsJ ,t d C,t .I „I - Y41 S :� r 4 9 -- 1 &.7Y_ 5\ +Y 92 IeS.fo I ? o - -- 4� n .9500 ,. \` I 6 r 12302U15, Ig 1 5 6s\\ 9400 s c-9. p U2302U2y6___.R ,I Isazb a \ 2' 3 ^ p d 6 Q ''I 6a- 61 t \ uss Im<o vv svAcmeD i` 5 12TH iT - a �'� - 9600 - =i ���I i 4 _\ sta ev o 1 — -- a&-- &--- 4901 z - 1 �___� 90.(� S J �}�--34 Pip--b ¢---2 y 156- � P7 PARCEL 1 �-----� ro ¢ � 3�6 Cat �_ 4 E" m--_41 9 --� 41 yly 6 O �s-- sco'---"� 'iR - s aO TEp R BOARD OF i MEETING DATE: August 7, 2024 SUBJECT: Final Public Hearing on the formation of the Tumalo Basin Sewer District RECOMMENDED MOTION: Direct staff to prepare Order No. 2024-025 either approving formation of the Tumalo Basin Sewer District or directing an election. BACKGROUND AND POLICY IMPLICATIONS: The chief petitioners filed a petition to form the Tumalo Basin Sewer District. The Board held the first public hearing on the petition on July 17, 2024 and approved Order No. 2024- 024 setting the date for the final hearing on August 7, 2024. The petition and exhibits were attached to Order No. 2024-024. On August 7, the Board will receive and review any valid written requests for an election, if any were filed as provided by ORS 198.810(3). If a sufficient number of valid requests are timely filed, the Board will set an election to be held on the next available election date for which the filing deadline can be met. Otherwise, the Board can approve formation of the District. BUDGET IMPACTS: None ATTENDANCE: David Doyle, Legal Brenda Fritsvold From: Sent: To: Cc: Subject: Attachments: Importance: David Doyle Wednesday, August 7, 2024 6:56 AM Brenda Fritsvold Gwen Potter; Pauline Word FW: Public Testimony & Exhibits 8-7-2024 public hearing: opposed to Tumalo Basin Sewer District formation Tumalo Community Plan page 20 Buildout 2022.pdf High DAVID DOYLE Deschutes County Legal Counsel 1300 NW Wall Street, Suite 205 Bend, OR 97703 Telephone: (541) 388-6625 Facsimile: (541) 617-4748 Email: David.Doyle@deschutes.org The information in this email, including any attachment, is for the sole use of the intended recipient and contains information belonging to Deschutes County, which is confidential and/or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this email information is strictly prohibited. If you have received this email in error, please immediately notify the sender by reply email and destroy all copies of the original message. -----Original Message ----- From: nunzie@pacifier.com <nunzie@pacifier.com> Sent: Tuesday, August 6, 2024 11:33 PM To: David Doyle <David.Doyle@deschutes.org> Subject: Fwd: Public Testimony & Exhibits 8-7-2024 public hearing: opposed to Tumalo Basin Sewer District formation Importance: High [You don't often get email from nunzie@pacifier.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] [EXTERNAL EMAIL] Hello David Please enter this email into the public hearing record for today's hearing I got a bounceback email that Nick is away... Thanks, Nunzie Gould -------- Original Message -------- Subject: Public Testimony & Exhibits 8-7-2024 public hearing: opposed to Tumalo Basin Sewer District formation Date: 2024-08-07 02:26 1 From: nunzie@pacifier.com To: patti.adair@deschutes.org, tony.debone@deschutes.org, phi Lchang@deschutes.org, Nick.lelack@deschutes.org Please enter the following into the public record for today's Commissioner Meeting Hello County Commissioners This is public testimony for your Public Hearing noticed in your agenda "9:10AM Final Public Hearing on the formation of the Tumalo Basin Sewer District" The Tumalo Community Plan became effective just yesterday 8/6/2024 thru Ordinance 2023-016. This is a plan for the next 20 years... there is no definition of the Tumalo Basin. you're good at using your county website right? so go to III iLpj:%%weAJlll it iC.ueSLi NICS.orgj L.vvj VV4.V IC VV.a.Jpx?dlJld=VlXlGpo=LFl,✓VVLid=i25i vtv At pdf page 14 you'll see the Tumalo Unincorporated Community boundary and the projected build out map for 20 years foward looking is at pdf page 20. Incongruous maps at pdf 28 & 29 outlining differing yellow zoned area within the Tumalo UUC such as TURM Medium Density... So 1 day after the Tumalo Community Plan become effective as our plan for the next 20 years, there is no definition for the "Tumalo Basin". I therefore believe that that Tumalo Unicorporated Community boundary should be attached to your sewer district map because the sewer district map presented at the 1st public hearing was incomplete in it's outline of the whole of the UUC. Please enter the Tumalo Unincorporated Community boundary map attached into today's pubic hearing record. Please think about how unprepared Deschutes Countv is for embarking on densitv and development within the Tumalo C!`n.v..�.l.n�+.. DI-,n .. n +hnrn -. nit4.nr rtvlir++., nor-�mn+nrr fnr �or�-hitortl Iro nrotortinnc for trade nnnrnnriota hl idAing oo nnunity r salt given ulele are nelt+lel sty na u�. Nasal nt.wlo oo1 ,lull tectule, Nl vw..u- l.a IvI ..I �.. �. '-t'V'-NIIa..._. L..,Illulllg standards for any of the 25' wide lots that were platted in the Laidlaw 1904 plat and still exist today, or considerations for burying utility lines such as power or wifi which is so important in our fire prone region. Consider the historic preservation impacts of placing density in this first rural community - a sewer district is an irreversible departure from rural. Furthermore Tumalo Unincorporated Community has no public transit, barely a curb on the street to convey stormwater, no stormwater filtration system, scant sidewalks and few jobs. But this is where you want to build and build and build with sewer? 1 _2 T _1 _ _I /^ By approving the sewer district which allows for annexation to include ALL of Tumalo Unincorporated Community, you are pushing the envelope of the definition of rural which I believe will cause major disruption and discord within the UUC _11 _ _:J_ _L aL_ UUC aL _.. _I T.. .I. al-_..� ...L.. L. ... ... ...A to C_.. w. aL.:.. ,J:..a �.: ..+ .. .:..1:.. .. a[...:.. as we]1 as outs]de UI he UUC hruouI IUlal 1UIIIa1V. le LIIVJe w11V (lave Sirg 1eU LV IVI III LI IIJ UIJLI ILL ale pr ov lull is Ll sell ability to expand without due consideration to allow those who don't want to connect to not be swept in. (Yep look at your meeting packet materials ... if sewer is available folks would have to hook up ... This sounds quite like the Kine expansion under a different name. In fact under the current proposal the sewer basin district could annex in even the problematic Kine system... huum... That would be really dumb. And under the current green outlined line in the proposed Sewer Basin map, there is no enclosed definition for that green outlined area because the line traces only a portion of a much larger Tumalo UUC, but the lines don't touch to actually show what is contained within the green outlined boundary ... The sewer district map green lines just stop at multiple places at a page's edge... huum We must do better than that... Please consider what other infrastructure is needed such as transportation, publicly maintained roads, improvements to dirt private roads, sidewalks and ADA surfaces that will be required before you pack in building density that comes with sewer. Where will the funding for these various types of infrastructure come from? Will the sewer district be held accountable for roadway improvements and upkeep after they install sewer in the streets - will private property owners have to foot the repair bill? How equitable is that? In every town you've seen where sewer sprawl occurs, the rural character is trompsed out. Please consider placing density within the Deschutes County's existing UGB's instead of plonking growth where there is no infrastructure. Please consider health effects of housing placed near the Knife River gravel quarries with it's concrete batching plant that emit respiratory toxins-- we must do better for our citizens. Do a drive thru Tumalo and you'll see plenty of new structures and businesses that are thriving without a sewer today. The timing for a sewer in Tumalo is premature. Please reconsider tabling this second reading of the formation of the Tumalo Basin Sewer District until you have fully quantified the green outlined boundary in the Sewer District map and where funding for all the other infrastructure mentioned above will come from. Thank you Nunzie Gould 541420-3325 3 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Vacant Parcels and Projected Build -Out Map (2020) I� ® vacant "rJSES COS} Built Out 6AS/2022 FR