2003-1021-Order No. 2003-079 Recorded 7/2/2003REVIEWED NANCYU DS
BLANKENSHIP, COUNTY CLERK CJ 1403- 011
COMMISSIONERS' JOURNAL
0/02/2003 04;48;21 PM
LEGAL COUNSEL 1111111111111111111111111111111
2003-1021
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Proclaiming Approval of the Bend
Metro Parks and Recreation District
Annexation Plan and Legal Description.
ORDER NO. 2003-079
WHEREAS, ORS 195.205 provides a process by which an urban service provider may annex
additional territory, and
WHEREAS, in accordance with ORS 195.205(5) and 195.210, on May 20, 2003, the Bend
Metro Parks and Recreation District ("District") submitted to the electors of the District and the territory
proposed to be annexed a proposed annexation plan. The legal description for the territory proposed
to be annexed is attached as Exhibit "A" and the annexation plan is attached as Exhibit "B," with both
documents incorporated by reference herein; and
WHEREAS, the County Clerk has canvassed the vote of said election. A copy of the
ABSTRACT OF VOTES is attached as Exhibit "C" and incorporated by reference herein; and
WHEREAS, in the District and the proposed territory, 31,779 electors constitute 29.1 percent
of the registered electors in the District and the proposed territory cast ballots on the annexation plan
and, of those electors 6,803 electors voted "yes," 2227 voted "no" and 244 chose not to vote either
way; and
WHEREAS, a majority of the electors in the District and in the territory proposed to be
annexed voted in favor of the annexation plan; and,
WHEREAS, the Bend Metro Parks and Recreation District has certified the results of the
election to the Deschutes County Board of Commissioners (refer to attached Exhibit D).
WHEREAS, pursuant to ORS 195.215(1), the Board of County Commissioners ("Board") must
declare approval of the annexation plan when a majority of all the votes in the district and proposed
territory to be annexed vote in favor of the annexation plan; and, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
PAGE 1 of 2- ORDER No. 2003-079 (07/02/03) -
Section 1. The Bend Metro Parks and Recreation Annexation Plan and legal description are hereby
declared to be approved.
DATED this Wday of , 2003.
0
ATTEST:
/ Rcvwiij~
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT S COUNTY, OREGON
DE NIS R. LUKE, Chair
TOM EWOLF, Commissioner
MICHAEL M. DALY, Commissioner
PAGE 2 OF 2- ORDER No. 2003-079 (07/02/03)
EXHIBIT A
EXHIBIT A
BEND METRO PARK & RECREATION DISTRICT
PROPOSED EXPANSION AREA ONE
COMMENCING AT THE SOUTHWEST CORNER OF SECTION NINE (9), TOWNSHIP
SEVENTEEN (17) SOUTH, RANGE TWELVE (12) EAST, OF THE WILLAMETTE
MERIDIAN, DESCHUTES COUNTY, OREGON, THENCE, ALONG THE SOUTH LINE OF
SECTION 9, NORTH 89 54'20" EAST, 1322.33 FEET, TO THE WEST ONE-SIXTEENTH
(1/16) CORNER BETWEEN SECTIONS 9 AND 16, THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION; THENCE NORTH 0 19'33" WEST, 1327.17 FEET, TO THE
SOUTHWEST ONE-SIXTEENTH (1/16) CORNER OF SAID SECTION 9; THENCE, NORTH
89 47'07" EAST, 991.98 MORE OR LESS;TO THE WEST RIGHT OF WAY OF CLAUSEN
DRIVE, THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF CLAUSEN DRIVE
THROUGH THE FOLLOWING COURSES: ALONG THE ARC OF A 240 FOOT RADIUS
NON TANGENT CURVE RIGHT 71.96 FEET CHORD BEARING Nll-01-46E 62.91 FEET,
MORE OF LESS, THENCE NORTH 18,49'39" EAST, 1362.62 FEET MORE OR .LESS;
THENCE, ALONG THE ARC OF A 120 FOOT RADIUS CURVE TO THE LEFT 19.33 FEET
HAVING A CHORD BEARING OF NORTH 14 39' 31" EAST, 19.31 FEET; THENCE,
ALONG THE ARC OF A 210 FOOT RADIUS CURVE TO THE RIGHT 171.27 FEET,
HAVING A CHORD BEARING OF NORTH 33 24'26" EAST, 166.56 FEET; THENCE,
NORTH 56 46'17" EAST, 75.09 FEET, TO THE POINT ON THE RIGHT-OF-WAY AT THE
START OF A CUL-DE-SAC BULB; THENCE, AROUND THE BULB ALONG THE ARC OF
A 55 FOOT RADIUS CURVE TO THE RIGHT 172.79 FEET, HAVING A CHORD BEARING
OF NORTH 89 49'37" EAST, 110.00 FEET; THENCE, LEAVING THE RIGHT-OF-WAY OF
CLAUSEN DRIVE, ALONG THE SOUTHEASTERLY LINE OF DESCHUTES MEMORIAL
GARDENS AS PER PARTITION PLAT NO. 1994-46, NORTH 56 46'17" EAST, 501.58 FEET;
THENCE, SOUTH 87 59'03" EAST, 110.51 FEET, TO THE WESTERLY RIGHT-OF-WAY OF
US HIGHWAY 97; THENCE, CONTINUING ALONG THE RIGHT-OF-WAY OF US
HIGHWAY 97 THROUGH THE FOLLOWING COURSES: SOUTH 26 33'02" WEST, 193.14
FEET; THENCE, SOUTH 22 31'03" WEST, 153.53 FEET; THENCE, SOUTH 22 31'03"
WEST, 188.36 FEET, TO THE SOUTHEASTERLY CORNER OF PARCEL TWO AS PER
PARTITION PLAT NO. 1994-46; THENCE, CONTINUING SOUTH 22 31'03 WEST, 27.31
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION NINE; THENCE, CROSSING SAID RIGHT-OF-WAY OF US HIGHWAY 97,
AND CONTINUING ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION NINE, NORTH 89 53'44" EAST, 587.87 FEET TO THE EASTERLY RIGHT-OF-
WAY OF THE OREGON TRUNK RAILROAD; THENCE, FOLLOWING THE EASTERLY
RIGHT-OF-WAY OF SAID RAILROAD, NORTH 42 10'33" EAST, 1976.13 FEET TO A
POINT ON THE EAST LINE OF SECTION 9; THENCE, ALONG THE SECTION LINE
BETWEEN SECTIONS 9 AND 10, SOUTH 0 03'53" EAST, 1462.06 FEET, TO THE EAST
ONE-QUARTER CORNER OF SECTION 9; THENCE, CONTINUING ALONG THE
SECTION LINE BETWEEN SECTIONS 9 AND 10, SOUTH 0 03'53" EAST, 2644.20 FEET
TO THE SOUTHEAST CORNER OF SECTION 9; THENCE, NORTH 89 52' 15" EAST,
1312.08 ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12
EAST, W.M., (THIS LINE ALSO BEING THE NORTH LINE OF AN EIGHTY FOOT WIDE
RIGHT-OF-WAY OF PUBLIC ROAD DEDICATION 233-R-1304) TO THE WEST ONE-
SIXTEENTH CORNER BETWEEN SECTIONS 10 AND 15; THENCE, SOUTH 00 17' 15"
WEST, 1323.22 FEET, ALONG THE EAST RIGHT-OF-WAY OF SAID PUBLIC ROAD
DEDICATION, TO THE NORTHWEST ONE-SIXTEENTH CORNER OF SECTION 15,
TOWNSHIP 17 SOUTH, RANGE 12 EAST, AND .THE END OF THE PUBLIC ROAD
DEDICATION AND ALSO BEING THE CENTERLINE OF A SIXY FOOT WIDE RIGHT OF
WAY FOR EGYPT ROAD; THENCE, SOUTH 0 00'19 WEST, 30.00 FEET, TO THE SOUTH
Page 1 of 6 - Exhibit "A" to Order No. 2003-079
(07/02/03)
RIGHT-OF-WAY OF EGYPT ROAD; THENCE ALONG THE SOUTHERLY RIGHT OF WAY
OF EGYPT ROAD SOUTH 89 54' 57" WEST, 1313.89 FEET,TO THE EAST LINE OF
PHOENIX PARK PHASE ONE, THENCE, LEAVING SAID SOUTH RIGHT-OF-WAY OF
EGYPT ROAD SOUTH 00 06'45" WEST, 1292.18 FEET, TO THE EAST ONE-QUARTER
CORNER OF SECTION 16; THENCE, ALONG THE EAST-WEST CENTERLINE OF
SECTION 15, NORTH 89 41' 51" EAST 1315.92 TO THE CENTER-WEST ONE-SIXTEENTH
CORNER, ALSO BEING THE NORTHWEST CORNER OF CANAL VIEW PHASE TWO,
AND ON THE EAST LINE OF AN 80 FOOT RIGHT-OF-WAY FOR 18TH STREET;
THENCE, NORTH 89 39'35" EAST, 713.47 FEET, ALONG THE NORTH LINE OF CANAL
VIEW PHASE ONE; THENCE CONTINUING NORTH 89 39'35" EAST 420.00 FEET, TO
THE CENTERLINE OF THE CENTRAL OREGON IRRIGATION DISTRICT'S PILOT BUTTE
CANAL; THENCE, FOLLOWING THE CENTERLINE OF SAID CANAL THROUGH THE
FOLLOWING -COURSES: SOUTH 69 25'47" WEST 232.14; THENCE SOUTH 39 16' 30"
WEST 170.64 FEET, MORE OR LESS; THENCE SOUTH 39 03'42" WEST, 145.77 FEET;
THENCE, SOUTH 71 05' 14" WEST, 194.89 FEET; THENCE, SOUTH 26 59'22" WEST,
309.83 FEET; THENCE, SOUTH 19 48' 56" WEST 287.42 FEET; THENCE, SOUTH 6 31'
WEST, 163.00 FEET; THENCE, SOUTH 4 35' 20" WEST, 234.43 FEET, THENCE, SOUTH 4
20' 15" WEST, 401.64 FEET; THENCE, SOUTH 3 58' 39" EAST, 281.03 FEET; THENCE,
SOUTH 9 11' 19" EAST, 237.84 FEET; THENCE, SOUTH 11 09' 48" EAST, 102.13 FEET;
THENCE, SOUTH 1 59' 59" WEST, 95.21 FEET; THENCE, SOUTH 8 26' 32" EAST, 39.60
FEET; THENCE, SOUTH 1130'49" EAST, 96.15 FEET; THENCE, SOUTH 19 50'03" WEST,
84.70 FEET, TO A POINT ON THE SECTION LINE BETWEEN SECTIONS 15 AND 22;
THENCE, LEAVING THE CENTERLINE OF THE PILOT BUTTE CANAL, ALONG THE.
LINE BETWEEN SECTIONS 15 AND 22, SOUTH 89 44' 19" WEST TO THE SOUTHWEST
CORNER OF SECTION 15; THENCE ALONG THE SOUTH LINE OF SECTION 16,
TWONSHIP 17 SOUTH, RANGE 12 EAST, TO THE CENTERLINE OF THE OREGON
TRUNK RAILROAD TRACKS, THENCE NORTHEASTERLY ALONG SAID CENTERLINE
TO THE NORTH LINE OF SECTION 16, TOWNSHIP 17 SOUTH, RANGE 12 EAST;
THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 16 TO THE TRUE POINT
OF BEGINNING.
Page 2 of 6 - Exhibit "A" to Order No. 2003-079
(07/02/03)
EXHIBIT A
BEND METRO PARK & RECREATION DISTRICT
PROPOSED EXPANSION AREA TWO
BEGINNING AT THE WEST ONE-SIXTEENTH CORNER BETWEEN SECTION 2 AND
SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE, SOUTH 1 10'11"
EAST, 135.78 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE FIFTY
(50) FOOT WIDE RIGHT-OF-WAY OF A.E. STEVENS ROAD; THENCE, ALONG THE
SOUTHERLY RIGHT-OF-WAY OF STEVENS ROAD, SOUTH 61 28' 19" WEST, 1477.96
FEET,, MORE OR LESS, TO THE EAST RIGHT OF WAY OF 27TH STREET; THENCE,
SOUTH 0 46'36" WEST, 458.27 FEET MORE OR LESS, TO A POINT ON THE SAID RIGHT-
OF-WAY AND BEING 40 FEET EAST OF THE NORTH ONE-SIXTEENTH CORNER
BETWEEN SECTIONS 10 AND 11; THENCE, SOUTH 1 26'08" WEST 1338.33 FEET TO A
POINT ON THE SAID RIGHT-OF-WAY AND BEING 40 EAST OF THE ONE-QUARTER
CORNER BETWEEN SECTIONS 10 AND 11; THENCE, SOUTH 0 33' WEST, 2146 FEET,
MORE OR LESS, ALONG SAID RIGHT-OF-WAY; THENCE, CONTINUING ALONG THE
ARC OF A 1392.39 FOOT RADIUS CURVE TO THE LEFT, 493.19 FEET, THE CHORD
BEARING OF SOUTH 9 35'5 1 " EAST, 490.62 FEET, TO THE NORTH RIGHT-OF-WAY OF
FERGUSON ROAD AS ESTABLISHED IN 1908; THENCE LEAVING 27TH STREET
RIGHT-OF-WAY, ALONG THE TWENTY (20) NORTH RIGHT-OF-WAY OF 1908
FERGUSON ROAD, SOUTH 89 36' 19" EAST, 1208.79 FEET; THENCE, ALONG THE
NORTH 20-FOOT RIGHT-OF-WAY OF MCGILVRAY ROAD AS ESTABLISHED IN 1910,
SOUTH 89 36' 19" EAST, 994.55 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF
THE P.G.T. GAS LINE EASEMENT; THENCE LEAVING SAID NORTH RIGHT-OF-WAY
LINE AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 19 10'21" WEST
21.12 FEET TO THE NORTH LINE OF SECTION 14, TOWNSHIP 18 SOUTH, RANGE 12
EAST; THENCE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH
19 10'21" WEST 120811 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY
CONVEYED TO CENTRAL ELECTRIC CO-OP BY DESCHUTES COUNTY IN BARGAIN
AND SALE DEED VOLUME 337 PAGE 999; THENCE, LEAVING SAID WESTERLY
RIGHT-OF-WAY LINE AND ALONG THE NORTH PROPERTY LINE OF SAID CENTRAL
ELECTRIC COOPERATIVE PROPERTY NORTH 89 37'46" WEST, 1256.17 FEET, TO THE
NORTH WEST PROPERTY CORNER OF SAID CENTRAL- ELECTRIC COOPERATIVE
PROPERTY; THENCE NORTH 8.9 36'46." WEST, 88.95 FEET TO. THE WESTERLY 40
FOOT RIGHT-OF-WAY LINE OF 27TH STREET; THENCE ALONG SAID WESTERLY
RIGHT-OF-WAY LINE NORTH 25 33'09" WEST, 1089.82 FEET; THENCE, 156.92 FEET
ALONG THE ARC OF A 1472.39 FOOT RADIUS CURVE TO THE RIGHT, THE LONG
CHORD OF WHICH BEARS NORTH 22 29'58" WEST, 156.84 FEET, TO THE SOUTH 20-
FOOT RIGHT-OF-WAY LINE OF 1908 FERGUSON ROAD ALIGNMENT; THENCE
LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTH RIGHT-
OF-WAY LINE NORTH 89 36'19" WEST, 41.88 FEET TO THE WEST LINE OF SECTION
14; THENCE, ALONG THE WEST LINE OF SECTION 14, SOUTH 0 20'39" WEST, 10.00
FEET; THENCE, ALONG THE SOUTHERLY 30-FOOT RIGHT-OF-WAY LINE OF
FERGUSON ROAD, NORTH 89 33'3 1 " WEST, 1315 FEET, MORE OF LESS, TO THE EAST
RIGHT-OF-WAY OF MAGNOLIA LANE; THENCE ALONG THE EAST RIGHT-OF-WAY
OF MAGNOLIA LANE, SOUTH 0 42' 12" WEST, 1359.56 FEET, TO THE SOUTH RIGHT-
OF-WAY OF HEARTHSTONE LANE; THENCE, ALONG THE SOUTH RIGHT-OF-WAY
OF HEARTHSTONE LANE, NORTH 89 48'40" WEST, 716.48 FEET; THENCE, NORTH 0 42'
12" EAST, 60.00 FEET; THENCE, NORTH 89 48' 40" WEST, 626.49 FEET, TO THE
CENTER-NORTH ONE-SIXTEENTH CORNER OF SECTION FIFTEEN, TOWNSHIP 18
SOUTH, RANGE 12 EAST; THENCE, SOUTH 0 35' 12" WEST, 1336.12 FEET, TO THE
Page 3 of 6 - Exhibit "A" to Order No. 2003-079
(07/02/03)
2
CENTER ONE-QUARTER CORNER OF SAID SECTION FIFTEEN; THENCE ALONG THE
NORTH-SOUTH CENTERLINE OF SAID SECTION, SOUTH 0 36'42" WEST, 1324.06 FFET,
TO THE CENTER-SOUTH ONE-SIXTEENTH CORNER; THENCE, CONTINUING ALONG
THE NORTH-SOUTH CENTERLINE, SOUTH 00 35' 17" WEST, 662.58 FEET, TO THE
SOUTHEAST CORNER OF RAINTREE; THENCE, ALONG THE SOUTH LINE OF
RAINTREE, SOUTH 89 59',13" WEST, 657.58 FEET; THENCE LEAVING SAID SOUTH:
LINE, ALONG THE WEST LINE OF RAINTREE, NORTH 00 26'40" EAST, 662.09 FEET, TO
THE NORTHWEST CORNER OF RAINTREE; THENCE, SOUTH 89 57'04 WEST, 659.44
FEET, TO THE SOUTHWEST ONE-SIXTEENTH CORNER OF SECTION FIFTEEN,
THENCE SOUTH 89 56' 04" WEST 1278.41 FEET TO THE EAST RIGHT-OF-WAY OF
FIFTEENTH STREET, SAID POINT BEING 40 FEET EAST OF THE SOUTH ONE-
SIXTEENTH CORNER BETWEEN SECTIONS FIFTEEN AND SIXTEEN; THENCE ALONG
THE EAST RIGHT-OF-WAY OF FIFTEENTH STREET, SOUTH 1 24' 40" EAST, 1322.07
FEET TO THE CENTERLINE OF KNOTT ROAD; SAID POINT BEING 40 FEET EAST OF
THE SOUTHWEST CORNER OF SECTION FIFTEEN; THENCE, SOUTH 00 02'39" EAST,
30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD; THENCE, WESTERLY
ALONG THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD TO THE EAST LINE OF
BRIGHTENWOOD ESTATES IV, BEING MORE OR LESS SOUTH 89 18' 15" WEST, 1779
FEET; THENCE, CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY OF KNOTT
ROAD, ON THE ARC OF AN 860 FOOT RADIUS CURVE TO THE LEFT, 504.50 FEET, THE
CHORD BEING SOUTH 61 48'21" WEST, 497.30 FEET; THENCE, CONTINUING ALONG
THE SAID RIGHT-OF-WAY SOUTH 45 00'00" WEST, 104.33 FEET, TO THE EASTERLY
RIGHT-OF-WAY OF WOODSIDE ROAD; THENCE LEAVING KNOTT ROAD, ALONG
THE EASTERLY RIGHT-OF-WAY OF WOODSIDE ROAD, ON THE ARC OF A 266.92
FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, 197.23 FEET, THE CHORD
BEARING OF SOUTH 23 49'54" EAST, 192.78 FEET; THENCE, CONTINUING ALONG
THE EAST RIGHT-OF-WAY SOUTH 00 27'16" WEST, 260,FEET, MORE OR LESS, TO THE
SOUTH LINE OF BRIGHTENWOOD ESTATES, IV; THENCE CONTINUING ALONG THE
SAID RIGHT-OF-WAY, SOUTH 00 25'52" WEST, 267.80, MORE OR LESS TO THE SOUTH
RIGHT OF WAY OF BRIGHTENWOOD LANE; THENCE, LEAVING SAID RIGHT-OF-
WAY SOUTH 89 32' 44" WEST 444.99 FEET MORE OR LESS, TO THE WEST LINE OF
THE NORTH EAST QUARTER OF SECTION TWENTY ONE; THENCE, SOUTH 0 25,59"
WEST 1593.47 FEET,MORE OR LESS, TO THE CENTER ONE-QUARTER CORNER OF
SECTION 21, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE SOUTH 89 29' 27"
WEST, 1304.69 FEET, ALONG THE SOUTH LINE OF BRIGHTENWOOD ESTATES II, TO
THE CENTERWEST ONE-SIXTEENTH CORNER OF SAID SECTION 21; THENCE,
ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 21,
SOUTH 89 29'27" WEST, 778.19 FEET; TO THE NORTHEASTERLY RIGHT-OF-WAY OF
WOODSIDE NORTH DRIVE; THENCE, ALONG SAID RIGHT-OF-WAY, NORTH 37 02'
45" WEST, 129.78 FEET; THENCE, CONTINUING ON SAID RIGHT-OF-WAY ON THE
ARC OF A 25 FOOT RADIUS CURVE TO THE RIGHT, 39.27 FEET, THE CHORD
BEARING. OF NORTH 7 57' 17" EAST, 35.36 FEET, TO THE POINT OF INTERSECTION
WITH THE SOUTHEASTERLY RIGHT-OF-WAY OF. KNOTT ROAD; THENCE, LEAVING
THE SAID RIGHT-OF-WAY OF WOODSIDE NORTH DRIVE AND FOLLOWING ALONG
THE SOUTHERLY RIGHT-OF-WAY OF KNOTT ROAD, SOUTH 52 57' 17" WEST, 291.81
FEET; THENCE, ALONG THE ARC OF A 1640 FOOT RADIUS CURVE TO THE RIGHT,
1228.01 FEET, THE CHORD BEARING OF SOUTH 74 24' 21" WEST, 1199.52 FEET;
THENCE NORTH 84 08'35" WEST, 193.87 FEET; THENCE, ALONG THE ARC OF A 2360
FOOT RADIUS CURVE TO THE LEFT 484.67 FEET, THE CHORD BEARING OF SOUTH 89
58'25" WEST, 483.82 FEET; THENCE, SOUTH 84 05'25" WEST, 181.56 FEET; THENCE,
ALONG THE ARC OF A 660 FOOT RADIUS CURVE TO THE LEFT, 373.34 FEET, THE
CHORD BEARING OF SOUTH 67 53'07 WEST, 368.39 FEET; THENCE, CONTINUING
ALONG THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD AND CROSSING CHINA HAT
ROAD, SOUTH 51 40' 48" WEST, 118.24 FEET, TO THE INTERSECTION WITH THE
SOUTHWESTERLY RIGHT-OF-WAY OF CHINA HAT ROAD; THENCE, LEAVING THE
PROJECTED RIGHT-OF-WAY OF KNOTT ROAD FOLLOWING ALONG THE
Page 4 of 6 - Exhibit "A" to Order No. 2003-079
(07/02/03)
SOUTHWESTERLY RIGHT-OF-WAY OF A SIXTY-SIX FOOT WIDE RIGHT-OF-WAY OF
CHINA HAT ROAD TO ITS INTERSECTION WITH THE CENTERLINE OF BURLINGTON
NORTHERN INC. RAILROAD TRACKS; THENCE NORTHEASTERLY, EASTERLY, AND
NORTHERLY ALONG THE CENTERLINE OF SAID RAILWAY TO THE INTERSECTION
OF THE RAILWAY AND THE NORTH LINE OF SECTION 16, TOWNSHIP 18 SOUTH,
RANGE 12 EAST; THENCE EASTERLY ALONG THE NORTH LINE OF SECTIONS 15
AND 16, TOWNSHIP 18 SOUTH, RANGE 12 EAST, TO THE SOUTH LINE OF FERGUSON
ROAD; THENCE EASTERLY ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH
THE CENTERLINE OF THE CENTRAL OREGON IRRIGATION DISTRICT MAIN CANAL;
THENCE FOLLOWING THE CENTERLINE OF. SAID CANAL IN A NORTHEASTERLY
DIRECTION TO ITS INTERSECTION WITH THE EAST-WEST CENTERLINE OF SECTION
10, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE EASTERLY ALONG SAID
CENTERLINE TO ITS INTERSECTION WITH THE CENTERLINE OF 27TH STREET
(FORMERLY ARNOLD MARKET ROAD); THENCE NORTHERLY ALONG SAID
CENTERLINE TO ITS INTERSECTION WITH THE NORTH LINE OF SECTION 11,
TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE EASTERLY ALONG SAID NORTH
LINE TO THE TRUE POINT OF BEGINNING.
Page 5 of 6 - Exhibit "A" to Order No. 2003-079
(07/02/03)
N Bend Metro Park and Recreation District
Proposed Annexation Areas
a
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Map Date: March 24, 2003
Bend City Limits Park Annex Areas
Park District Boundary Taxlots
Page 6 of 6 - Exhibit "A" to Order No. 2003-079
(07/02/03)
EXHIBIT B
1. Annexation Plan
195.220 Annexation plan provisions. (1) An annexation plan adopted under ORS 195.205 shall include
• The timing and sequence of annexation.
• Local standards of urban service availability required as a precondition of annexation.
• The planned schedule for providing urban services to the annexgd territory.
The effects on existing urban service providers.
• The long-tern benefits of the annexation plan.
(2) An annexation plan shall be consistent with all applicable comprehensive plans. [1993 c.804 s.16;
1997 c541 s.3411
A. The Timing and Sequence of Annexation
In preparation for this annexation plan, the Bend Metro Park & Recreation District studied.three
individual areas within the Bend UGB,. and nine individual areas outside the UGB. BMPRD
examined the positive and negative aspects of annexation of each of the areas both for the
District and for residents. This annexation plan includes the three study areas within the Bend
UGB. The areas were studied individually specifically to allow review of any combination of
the proposed annexation areas. At the outset of the project, it was thought that reasons would be
identified through the analysis process that to support variations in the timing and sequence of
annexing individual study areas.
Each of the three.study areas was reviewed to consider whether it should be included in the
annexation plan and given further study. This was accomplished by review of the teclulical and .
financial data and consideration of service. In evaluating these factors, District staff and the
Board concluded that none of the study areas should be removed from the Annexation Plan.
During the study area evaluation, consideration was given to expanding the annexation study
area to include lands beyond the three study areas within the Bend UGB, and beyond the nine
study areas. outside the UGB. There was some discussion that every person within Deschutes
County may desire to have park and recreation services and the ability to be represented in
making future decision of the service needs. An alternative was then developed to consider
whether all privately owned lands within Deschutes County should be included within one of the
four Park & Recreation Service Districts, an option that would require significant coordination
between numerous service providers. Although this alternative appeared to have merit, it was
concluded that the effort required to evaluate it was beyond the timing and scope of this project.
This alternative was then. dropped from further evaluation, with the understanding that there is
potential of evaluation through future service provider agreements.
During the various stages of the evaluation, no justification arose that would lead the consultants
to recommend that any of the three study areas within the UGB be separated from the rest. Each
of the study areas includes lands that are within close proximity to existing and proposed park
facilities and properties, and each also includes people who are currently within the practical
service area of the District (i.e. current park users).
CDA Consulting Group Page 4
1714. NE 45'" Ave. Portland, OR 97213 Phone (503 249-3938 / (541) 447-7689 Fax (503) 281-4198 Email info@groupcda.com
Page 1 of 5 - Exhibit "B" to Order No. 2003-079
(07/02/03)
For the reasons mentioned above, a decision was reached not to separate any of the three study.
areas in terms of timing or sequence. The Bend Metro Park & Recreation District will evaluate
the results of the public hearing and then make a determination as to whether to proceed with an .
annexation vote.
B. Local Standards of Urban Service Availability as a Precondition of
Annexation
The language of this section appears to be targeted primarily to cities. As an example, cities are
required to have an adequate level of water availability before future development can occur. In
addition, cities often require as a condition of annexation that city water service be provided to
developed properties within the annexation territory.
As it relates to park and recreation services, there are no local standards of park service
availability required of the District or of prospective. annexation properties as a precondition to
annexation.
There are, of course, local standards that the District continually strives to meet in terms of
services and facilities; however, none of these standards are "required" as a precondition to
annexation. The District strives to offer a high level of service with a variety of programs and
facilities targeted specifically to the needs of the population it serves. .
The District intends to provide the current level of service to the areas proposed for annexation,
offering a full range of recreation facilities and programs to residents.
C. The Planned Schedule for Providing Urban Services to the Annexed
Territory
. Urban services-are defined in ORS 195.065 to include:
Sanitary sewers;
' Water;
Fire protection;
Parks;
Open space;
Recreation; and
Streets, roads and mass transit.
Of the urban services defined by ORS 195.065, parks, open space and recreation are services
provided by BMPRD. All other services listed in the statute are provided by other governmental
units.
CDA Consulting Group
5
1714 NE 45'" Ave. Portland OR 97213_P_hone_(503,24g-3938 / (541) 447-7689 Fax 281-4198 Email info@groupcda.com
(503) @groupcda.com
Page 2 of 5 - Exhibit "B" to Order No. 2003-079
(07/02/03)
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1
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1
a
The planned schedule for providing these services to the proposed annexation territory would
coincide with the effective date of annexation. Since these services are broad in nature, the
residents of the newly annexed territory would be entitled to the same level of service currently
offered by the District.
The District does have plans to expand park, open space, and recreation services into the areas
currently outside the District boundaries but within the areas to be-annexed. These plans include
providing the current level of service to newly annexed areas, as well as future programs,
facilities, and parks. .
A
4 D. The Effects on Existing Urban Service Providers
The Bend Metro Park & Recreation District is the only park service provider within the Bend
area. BMPRD and the City of Bend have an urban service provider agreement in effect that was
determined by the City of Bend in the Bend Annexation Plan to be in compliance with ORS
195.205. There are three other park and recreation districts in Deschutes County: the Central
Oregon Park & Recreation District in Redmond, the unfunded LaPine Park & Recreation
District, and a Park & Recreation District that was created in Sisters four years ago. These
/ districts do not overlap in any location. There are.also large areas of the County that are not
included within the boundaries of any of these park and recreation service providers.
® Within Deschutes County, these districts provide a cost-effective means for providing park-and
recreation services to an urban population, without duplicating services. The County is not
capable of providing the breadth and depth of the programs. established by the park. districts, and
does not have the facilities to do so. According to the County's plan policies:
Presently, the County is not involved with providing recreation facilities. No change in
that situation is anticipated...
By placing all of the City of Bend under BMPRD jurisdiction, the service provider agreement
~
between the City and the District can be fulfilled, without- any effect on the other Park & Rec
Districts in the County.
In addition, as the only park service provider in and around the City of Bend, the District has
been providing services to those outside the district as well as those within the District whose
taxes pay for the District's operation. Although a higher fee is charged to those outside the
district for programs, the difference is not enough to offset the cost of providing services to so
many additional people. In order to distribute the cost of the District more equitably among
those who benefit from District facilities and programs and to reduce confusion about where the
District boundary is, an expanded boundary is necessary.
The BMPRD boundary has remained the same since the District was first established more than
twenty-five years ago. Since that time, the Bend area has experienced phenomenal growth. The
proposed boundary expansion would bring all of the recently expanded City of Bend under the
jurisdiction of BMPRD, providing needed park services to residents and establishing a stronger
connection between the District and the metropolitan area.
COA Consulting Group Page 6
1714 NE 45 Ave. Portland, OR 97213 Phone (503 249-39381(541) 447-7689 Fax (503) 281-4198 Email info@groupcda.com
Page 3 of 5 - Exhibit "B" to Order No. 2003-079
(07/02/03)
If approved, the Annexation Plan and the Urban Services Agreement between the BMPRD and
the City of Bend should be reviewed periodically for compliance with ORS 195.205.
E: The Long-term Benefits of the Annexation Plan
1 • The proposed new boundary will include all land within Bend city limits.
2. Expanding the District boundary to include at.least all of the land within Bend city limits
is important, since BMPRD is the park and recreation service provider to the City of
Bend through an urban service provider agreement. The current boundary does not
include all land within Bend city limits and UGB. .
3. The expanded boundary would make park and recreation services available to more
people in the Bend area.
4. The new boundary will result in increased tax revenue for the district, allowing. the
district to provide services to the population in the proposed annexation area.
5. The new boundary will result in a more equitable sharing of District costs so that people
currently outside the district who use District services and facilities contribute to the 'cost.
6. Annexation will provide economy of scale and will centralize park services within the
City of Bend.
Consistency with All Applicable Comprehensive Plans
This annexation plan is consistent with all applicable comprehensive plans, including the City.of
Bend General Plan. The Bend Metro Park & Recreation District is the park service provider for
the City of Bend and surrounding urban areas, and the annexation plan is consistent with the
District's own Comprehensive and General Management Plan. As discussed previously, the
need for a boundary expansion was first identified in the Comprehensive and General
Management Plan, and this study is a result of the earlier planning effort.
CDA Consulting Group
1714 NE 45"Ave. Portland, OR 97213 Phone (503 249-3938 / (541) 447-7689
Page 4 of 5 - Exhibit "B" to Order No. 2003-079
(07/02/03)
Page 7
Fax (503) 281-4198 Email info@groupcda.com
4
1
1
t
,r
Ad
49
195.205 Annexation by provider; prerequisites to vote; public Bearing. (1) A city or district that
provides an urban service may annex territory under ORS 195.020, 195.060 to 195.085, 195.145
to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 that:
(a) Is situated within an urban growth boundary; and
(b) Is contained within an annexation plan adopted pursuant to ORS 195.020, 195.060 to
195.085, 195.145 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304.
(2) A city or district may submit an annexation plan to a vote under subsection (5) of this section
only if, prior to the submission of the annexation plan to a voter
(a) The territory contained in the annexation plan is subject to urban service agreements among
all appropriate counties and cities and providers of urban services within the territory, as required
by ORS 195.065 and 195.070, and:
(A) Such urban service agreements were in effect on November 4, 1993; or
(B) They expressly state that they may be relied upon as a prerequisite of the
annexation method authorized by ORS 195.020, 195.060 to 195.085, 195.145 to j
195.235, 197.005, 197.319, 197.320, 197.335 and 223.304; and:
(b) The territory contained in the annexation plan is subject to an agreement between the city and
county addressing fiscal impacts, if the annexation is by a city and will cause reductions in county
property tax revenues by operation of section 11 b, Article XI of the Oregon Constitution.
(3) Prior to adopting an annexation plan, the governing body of a city or district shall hold a public
hearing at which time interested persons may appear and be.heard on the question of establishing
an annexation plan.
(4) The governing body of the city or district shall cause notice of tile. hearing to be published, once
each week for two successive weeks prior to the day of the hearing, in a newspaper of general
circulation in the city or district.
(5) If after the pubUc hearing required under subsection (3) of this section, the governing body of the
city or district decides to proceed with the annexation plan, it shall cause the annexation plan to
be submitted to the electors of the city or district and to the electors of the territory proposed to be
annexed under the annexation plan. The proposed annexation plan may be voted upon at a
general election or at a special election to be held for that purpose [1993 c 804 s 131
The Bend Metro Park & Recreation District has met the standards of ORS 195.205 in completing
this annexation plan. The District has prepared an annexation plan consistent with the applicable
statutes: ORS 195.020, 195.060 to 195.085, 195.145 to 195.235, 197.005, 197.319, 197.320,
197.335 and 223.304. The District has established urban service agreements with the City of
Bend and with Deschutes County that meet the required standards. The City and County support.
the expansion of the District's boundary.
The District is required to hold a public hearing to discuss the adoption of an annexation plan
prior to the adoption of this plan. Notice of the hearing should be published each week for two
successive weeks prior to the hearing in The Bulletin, the Bend newspaper. Comments that arise
through the public hearing process will be considered as part of the final adoption of the
annexation plan. The annexation plan must be placed on the ballot to be voted upon by electors
of the district and electors of the area proposed for annexation.
CDA Consulting Group Page 8
1714 NE 45'" Ave. Portland, OR 97213 Phone (503 249-3938 / (541) 447-7689 Fax (503) 281-4198 Email info@9roupcda.com
Page 5 of 5 - Exhibit "B" to Order No. 2003-079
(07/02/03)
EXHIBIT C
Deschutes County,Oregon
DISTRICT REPORT
Special Election
Page 1
May 20,2003
9-19 Annexation Plan Bend Metro P&R Dist
1 - Yes 2 - No
REG
VOTES
VOTERS
CAST
TURNOUT
1
2
UV
OV
WI
Precinct
1
2076
652
31.4
%
548
77
27
0
0
` Precinct
2
1375 -
585
42.5
%
194
384
7
,
0
0
'Precinct
4
1143
301
26.3
%
251
40
10
0
0
.Precinct
5
2350
579
24.6
%
423
145
11
0
0
Precinct
6
2163
521
24.0
%
411
89;
21
0
0
Precinct
'7'
2207
677
30.6
%
602
60
15
0.
0
Precinct
8.
32
8
25.0
%
7
1
0
0
0
Precinct
9
1269
344
27.1
%
271
65
8
0
0
Precinct
11
449
130,
28.9
103
24
3
0
0
Precinct
12
379
101
26.6
%
64
33
4
0
0
Precinct
20,
1395
461
33.0
%
1,66
292
3
0
0
Precinct
21
114
32
' 28.0
%
.16
15
1
0
0
Precinct
25
1961
439
22.3
%
322
109
8
0
0
Precinct
26
898
222
24.7
%
171
47
4
0
0
Precinct
27
1388
355
25.5
%
303
40
12
0
0
Precinct
32
2326.-
644
27.6
%
486
132
26
0
0
Precinct
33
2067
714
34.5
%
398
301
15'
0
0
Precinct
34
1952
515
26.3
%
391
106
18
0
0
Precinct
35
1402
515
36.7
%
465
34
16
0
0
Precinct
3-7
94
32
34.0
%
23
7
2
0
0
Precinct
44
1765
589
33.3
%
453
.127
9
0
0
Precinct
46
1713
406
23.7
%
329
67
10
0
0
Precinct
47
1207
.434
35.9
%
395
.26
13
0
0
Precinct
49
54
-
18
33.3
%
- -
11
6
1
0
0
RACE TOTALS
31779
9274
29.1
%
6803
2227
244
0
0
I, Nancy Blankenship, Deschutes County Clerk, do hereby certify that the votes.
recorded on this district report correctly summarize the tally of votes cast at
the May 20, 2003 Special Election.
Dated this 2nd day of June, 2003.
Nancy. B1 eke h
Deschutes Co- Clerk
Page 1 of 1 - Exhibit "C" to Order No. 2003-079
(07/02/03)
EXHIBIT D
BMPRD RESOLUTION NO. 239
A RESOLUTION OF. THE BEND METRO PARKS AND RECREATION DISTRICT
BOARD OF DIRECTORS ACCEPTING THE CANVASS OF VOTES FOR THE MAY
20, 2003 GENERAL ELECTION ON THE BEND METRO PARKS AND RECREATION
ANNEXATION PLAN.
Whereas, at the May 20, 2003. General Election, the District had on the ballot a proposal
to; and
Whereas, said election was conducted through the County Clerk of Deschutes County,
State of Oregon; and
Whereas, approval of said election will adopt the. Annexation Plan for the District. The
Annexation Plan will annex two areas within the City of Bend that are not already within the
District. The first area is generally bound. on the North and West by the railroad tracks and
Clausen Drive; on the East by Lava Ridge School and the Pilot Butte Canal; and on the South by
the westerly-extension of Yeoman Rd. to the railroad tracks. The second area is generally bound
on the South'by KnottRd: and China Hat Rd.; on the West by the railroad tracks; on the North
by.the C.O.I. Main Canal and Stevens Rd.; and on the East by 27th St., and .
Whereas, the County Clerk has sent to the District the official canvass of said election.
A copy of the jurisdictional canvass is attached..hereto as Exhibit "A".
NOW THEREFORE, the Board of Directors hereby resolves as follows:.
1. The District accepts the canvass of the election returns as sent to them by the
County Clerk of Deschutes County, State of Oregon, for the May 20, 2003 General
Election, which is hereby attached as Exhibit "A".
ADOPTED BY THE board of the District on the 3 day of June 23, 2003.
Page 1 of 2 - Exhibit "D" to Order No. 2003-079
(07/02/03)
District Board Chair
Attest:
Executive Director
EXH I BIT A
Deschutes County,Oregon
DISTRICT REPORT
Special Election
Page 1
May 20,2003
9-19 Annexation Plan Bend Metro P&R Dist
1 Yes 2 - No
REG
VOTES
VOTERS
CAST
TURNOUT
1
2
UV
OV
WI
Precinct
1
2076'
652
31.4
At
548 .
77
27
0
0
` Precinct
2
1375 -
585
42.5
%
194
384
7
0
0
Precinct
4
1143
301
26.3
%
251
40
10
0
0
.Precinct
5.
2350
579
24.6
%
423
145
11
0
0
Precinct
6
2163
521
24.0
411
89
21
0
0
Precinct
1
2207
677
30.6
%
602
60
15
0
0
Precinct
8.
32
8
25.0
%
7
1
0
0
0
.Precinct
9
1269
344
27.1
%
271
65
8
0
0
Precinct
11
449
130.
28.9
%
103
24
3
0
0
Precinct
12
379
101
26.6
%
64
33
4
0
0
Precinct
20.
1395
461
33.0
%
1166
292
3
0
0
Precinct
21
114
32
28.0
%
16
15
1
0
0-
Precinct
25
1961
439
22.3
1
322
109
8
0
0
Precinct
26
898
222
24.7
%
171
47
4
0
0
Precinct
27
1388
*
355
25.5
%
303
40
12
0
0
Precinct
32
2326
644
27.6
%
486
132
26
0
0
Precinct
33
2067
714
34.5
%
398
301
15`
0
0
Precinct
34
1952
515
26.3
%
391
106
18
0
0
Precinct
35
1402
515
36.7
%
465
34
16
0
0
Precinct
3-7
94
32
34.0
%
23
7
2
0
0
Precinct
44
1765
589
33.3
%
453
-127
9
0
0
Precinct
46
1713
406
23.7
%
329
67
10
0
0
Precinct
47
1207
.434
35.9
%
395
26
13
0
0
Precinct
49
54
18
33.3
%
11
6
1
0
0
RACE TOTALS
31779
9274
29.1
%
6803
2227
r
244
0.
0,
I, Nancy Blankenship, Deschutes County Clerk, do hereby certify that the votes
recorded on this district report correctly summarize the tally of votes cast at
the May 20, 2003 Special Election.
Dated this 2, day of June, 2003.
Nancy. B? ke h
Deschutes CouhttV- Clerk
Page 2 of 2 - Exhibit "M to Order No. 2003-079
(07/02/03)