2004-1180-Order No. 2004-012 Recorded 9/8/2004REVIEWED
LEGA COUNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKS C 2001-1180
COMMISSIONERS' JOURNAL ,
1111111111111111111111111111111
2004-1180
09/0812004 05.00.06 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting a Petition for Annexation
of Territory to Deschutes River Homesites, * ORDER NO. 2004-012
Unit 6, Parts I and II No Shooting District
and Setting a Hearing Date.
WHEREAS, a petition requesting annexation of certain territory to a restricted area pursuant to
Deschutes County Code section 9.08, referred to as the "Deschutes River Homesites, Unit 6, Parts I
and II No Shooting District" has been duly filed with the County; and
WHEREAS, the Deschutes County Assessor has verified that the no shooting district petition to
annex was signed by no less than 100 percent of the owners of the contiguous lots included within the
proposed restricted area; and
WHEREAS, a public hearing is required to consider the petition and notice of that hearing must
be provided in accordance with ORS 198.857; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That a hearing on the annexation petition be held on September 29, 2004, which petition
may be referred to as the Olson Annexation to the "Deschutes River Homesites, Unit 6, Parts I and II
No Shooting District." a copy of which petition is attached hereto as Exhibit "I" and by this reference
incorporated herein.
Section 2. That a notice in a form consistent with that set forth in Exhibit "2", attached hereto
and by this reference incorporated herein be provided in accordance with ORS 198.800(2).
L- A
DATED this S_~-q day of , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DALY,
ATTEST:/
p~~1 `~11JVVlJL.t
Recording Secretary
TOM DEW, Commissioner
D NNIS R. LUKE, Commissioner
PAGE 1 OF I - ORDER No. 2004-012 (xx/xx/xx)
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Office of the County Clerk
Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701
Telephone: (541) 388-6544
Facsimile: (541) 389-6830
Nancy Blankenship, County Clerk
August 23, 2004
To: Deschutes County Community Development Department
From: Nancy Blankenship, Deschutes County Cler
Re: Petition to Annex property to Deschutes River Recreation
Homesites, Unit 6, Parts I and II, No Shooting District
Clerk's Certification
Attached is the certification I received from the assessor's office for
ownership verification on the Deschutes River Recreation Homesites,
Unit 6, Parts I and II, No Shooting District annexation petition.
Thank you!
Quality Services Performed with Pride
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J-T E S
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Assessor's Office
Scot Langton, Assessor
i
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6508 - Fax (541) 330-4629
www.co.deschutes.or.us
August 20, 2004
Nancy Blankenship
Deschutes County Clerk
1300 NW Wall Street
Suite 200
Bend, OR 97701-1960
Re: Petition for Annexation to Deschutes River Recreation Homesites, Unit 6, Parts I and II, No
Shooting District
Please be advised that the attached petition does meet the provisions of ORS 198.
Sincerely,
tes
(Treigo
ry
,
Chief art grapher
Desc tes ounty, OR
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County Clerk's Office
Nancy Blankenship, County Clerk
w 1300 NW Wall St, Suite 200, Bend, OR 97701-1960
Fax (541) 383-4424
Recording (541) 386-6549
Elections (541) 388-6547
August 16, 2004 www.co.deschutes.or.us
To: Greg Bates, Deschutes County Assessor's office
From: Nancy Blankenship, Deschutes County Clerk
Re: Petition for Annexation to Deschutes River Recreation
Homesites, Unit 6, Parts I and II, No Shooting District
Attached is a copy of the Regan Olson petition submitted to annex to the
Deschutes River Recreation Homesites, Unit 6, Parts I and II, No Shooting
District.
Please verify that the persons who signed the petitions are landowners in the
area proposed for annexation. I will need a certification pursuant to ORS
198.755 and 198.765. Please return your certificate to my office. Thank
you!
REVIEWED
LEG At COUNSEL
fi~ r
3~'a l 37U"
04 AUG 16 PM 3: 03.
COUN1-Y CLERK
PETITION TO ANNEX PROPERTY TO
Deschutes River Recreation Homesites, Unit 6, Parts I and H
No Shooting District
To: The Board of County Commissioners
Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
I. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955.
2. This annexation Petition affects only Deschutes County and the Deschutes River
Recreation Homesites, Unit 6, Parts I and II No Shooting District.
3. The principal act for the Deschutes River Recreation Homesites, Unit 6, Parts I and H is
Deschutes County Code, Chapter 9.08..
.4. The territory that is subject to this Petition for Annexation is primarily inhabited /
'uninhabited (circle one). The attached petitions in support of this annexation are signed by land owners
in the territory proposed to be annexed as indicated opposite their respective signature.
5. It is requested that the proceedings be taken for the annexation of said territory to the
Deschutes River Recreation Homesites, Unit 6; Parts I and II, Deschutes County, Oregon. A description
of the boundaries of the territory to be annexed is attached hereto and marked Exhibit "A." A map of the
boundaries of the territory to be annexed is attached hereto and marked Exhibit "B."
6. That said Petition has been signed by 100 percent of the land. owners within the territory.
proposed to be annexed.
DATED this tL day of 2004.
Chief Petitioner:
NAME: REGAN OLSON
ADDRESS: 54845 RED FOX LANE, BEND, OREGON 97707
For
PHONE: (541) 536-8069
EXHIBIT "A"
Parcel 1 (Tax Lot 2010340003805):
A track.of land in the Southeast Quarter of the Southeast Quarter of Section Thirty-four (34),
Township Twenty (20) South, Range Ten (10), E.W.M., described as follows: Beginning at a
point along the WWE/256 line of Section 34, from which the E/16 Corner on the South line of
Section 34 bears S 200 43'17" W 911.0 feet; thence along said WWE/256 line, N 00 31'21" W
56.6 feet to a point; thence 89°36'332.2 feet to a point along the EE/64 Line; thence along said
EE/64 Line, N 00°31'21" W 47.1 feet to a point; thence S 890 30' 05" W 735.0 feet to the Point
of Beginning; and
Parcel 2 (Tax Lot 2010340003801)
A tract of land in the Northeast Quarter of the Southeast Quarter of the Southeast Quarter.
(NE I ASE 1/4SE 1 /4) of Section Thirty-four (34), Township Twenty (20) South, Range Ten (10)
East of the Willamette Meridian, Deschutes County, Oregon, described as follows:
Commencing at a point along the WWE/256 line of Section Thirty-four (34), from which the
E/16 corner on the South line of Section 34 bears South 20"43' 17" West, 911.0 feet; thence
along said WWE/256 line, North 00° 31'20" West, 56.6 feet to the point of beginning of the
tract; thence continue along said WWE/256 line, North 00°31'20" West, 56.6 feet to a point,
being the NWSESE/256 corner of Section 34; thence along NSS/256 corner of Section 34;
thence along the EE/64 line of Section 34, North 00°31'20" West 94.1 feet to a point; thence
South 89°30'05" East, 405.0 feet to a point; thence South 00°04'48' West, 104.35 feet to a point;
thence North 89°30'05' West, 403.9 feet to a point along said EE/64 line and 10.2 feet Southerly
from the CNSESE/256 comer of Section 34; thence along said EE/64 line, South 00031'21"
East, 47.1 feet to a point; thence*North 89036' West 332.2 feet to the point of beginning; and
Parcel 3 (Tax Lot 2010350000500):
That portion of the North Half of the Southwest Quarter of the Southwest Quarter (N %Z SW
SW of Section 35 lying between the boundaries of said North Half of the Southwest Quarter
of the Southwest Quarter (N %2 SW % SW '/o) and to the left of the center of the Deschutes River,
as located May 24, 1954, in Township 20 South, Range 10 East, of the Willamette Meridian,
Deschutes County, Oregon; and
Parcel4 (Tax Lot 20134003700):
A tract of land in the Northeast Quarter of the Southeast Quarter of the Southeast Quarter
(NE I ASE IASE 1/4) of Section Thirty-four (34), Township Twenty (20) South, Range Ten (10)
East of the Willamitte Meridian, Deschutes County, Oregon, described as follows: Commencing
at the northeast comer of the said Southeast Quarter Southeast Quarter (SE1/4SE1/4) and thence
southerly along the east boundary of said Section Thirty-four (34) a distance of 436 feet more or
less to a point, which point is the northeast corner of the tract heretofore sold to James Selken;
thence north 89° 49' West (along the northerly boundary line of the said Selken tract) a distance
of 284.52 feet more or less to a point, which point is the southeast comer of the tract heretofore
conveyed to Eugene P. Hiney and Louise E. Hiney, husband and wife, and Donald B. Karstetter
and Anita J. Karstetter, husband and wife; thence north 208.7 feet along the east boundary of the
said Hiney-Karstetter tract to a point; thence north 89°49' West 405 feet more or less (being
along thenortherly boundary of the said Hiney-Karstetter tract) to the north south center line of
the said SEl/49E1/4; thence northerly along said center line 228 feet more or less to the north
boundary of the said SE1/4SE1/4; thence easterly along the north boundary of said SE1/4SE1/4
to point of beginning.
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EAVER DR
Proposed Annexation to the
Deschutes River Recreation Homesites
Unit 6 Parts I & 11 No Shooting District
Erb Proposed Annexation Area
Existing No Shooting District
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Feet
January 08, 2004
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NAME OF DISTRICT: ANNEXATION TO DESCHUTES RIVER RECREATION HOMESITES, UNIT 6, PARTS I AND II NO SHOOTING DISTRICT
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NAME OF DISTRICT' ANNEXATION TO DESCHUTES RIVER RECREATION HOMESITES, UNIT 6, PARTS I AND II NO SHOOTING DISTRICT
PRINT NAME SIGNATURE Off,-L.
a PROPERTY ADDRESS RESIDENCEADDRESS LANOOV
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NAME OF DISTRICT:
PRINT NAME IGNATURE DATE PROPERTY ADDRESS RESIDENCE ADDRESS
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. P-1,
Board of Directors
President
Mary Krenowicz
ice-President
Dwain Fullerton
Treasurer
Bill Dakin
Secretary
Bob Woodward
Direcrarc
Cal Allen
Don Bauhofer
John Casey
Mollie Chaudet
Judy Clinton
Collins Hemingway
Kit Korish
Jerry Norquist
Rick Rupp
Bruce White
Ted Wise
Advisors
Chris Babcock
Robert Brunoe
Ruth Burleigh
Jim Bussard
Allen Dobbins
C.E. "Win" Francis
Mike Hollern
Betsy Johnson
Jim Knapp
Alice Korhlei
Nancy Pope Schlangen
John Shelk
Bill Smith
Staff
Brad Chalfant
Executive Director
Brian Harrington
Development Director
Jessica Rawlings
Office Manager
Brad Nye
Project Manager
Karen Allen
Land Steward
DESCHUTES BASIN LAND TRUST
RECEIVED
October 30, 2003 8 Y.-
NOV 0 pi 1[W"'
Doreen Blome
Deschutes County CDD DELIVERED BY
117 N W Lafayette Ave.
Bend, Oregon 97701
RE: "No Shooting" District/Tax Lot 20-10-35-C-500
Dear Doreen,
Per my phone message, I've enclosed a copy of a Board Resolution
authorizing me to sign documents to petition for inclusion into the existing
District.
I should note that our petition for inclusion is based upon our
understanding that all of the adjacent private properties are either currently
within or the owners are petitioning for inclusion within the District and
that the Land Trust's property would otherwise be surrounded by private
properties within the District. If that is not the case, please advise me
before we proceed further.
Thanks again for your assistance with this matter.
B]omeDoreen-DeschCounty I03003.doc
The Deschutes Basin Land Trust-Lands in trust, protected forever
760 NW Harriman Street, Suite 100 • Bend, OR 97701 • (541) 330-0017 • Fax (541) 330-0013
infoCa-deschuteslandtrust.org 9 www.deschutesiandcrusc.org
DESCHUTES BASIN LAND TRUST
Corporate Resolution
Inclusion of the Thomas Preserve within a
Deschutes County. "No Shooting" District
Action Item #03-005
The foregoing Corporate Resolution is adopted by the duly constituted Board of Directors
of the Deschutes Basin Land Trust, an Oregon non-profit, public benefit corporation, in its
opacity as the managing body of the Deschutes Basin Land Trust (Land Trust), pursuant to the
organization's bylaws and consistent with the laws of the State of Oregon.
Recitals
Whereas, the Deschutes Basin Land Trust (hereafter, the "Land Trust") is a regional land
trust engaged in the acquisition and management of land and development rights to facilitate
conservation of significant and sensitive private lands for public benefit in the Deschutes Basin
of Oregon; and
Whereas, the Land Trust owns roughly 7 acres of land, which the Land Trust has
designated as the Thomas Preserve and said land is generally described in Exhibit "A", attached
herein and is located within Deschutes County, Oregon; and
Whereas, said lands consist of an island and wetlands within the Deschutes River and
were acquired with the intent of conserving important wildlife habitat, native vegetation,
ecological functions, recreational opportunities and open space; and
Whereas, the Land Trust does not oppose hunting and has not heretofore seen a need to
restrict lawful hunting on the Thomas Preserve; and
Whereas, the lands surrounding the Thomas Preserve are all either within or are currently
being proposed for inclusion in an existing "No Shooting" District to address safety issues for
adjacent residential areas; and
Whereas, failure of the Land Trust to include the Thomas Preserve in the "No Shooting"
District could undermine both the effectiveness of the larger "No Shooting" District and
potentially concentrate hunting on the Thomas Preserve, to the detriment of the community and
natural resources on the Thomas Preserve; and
Whereas, the Board of the Land Trust in weighing the necessity of inclusion of the
Thomas Preserve in the existing "No Shooting" District, the Board concludes that in the interest
of both public safety and conservation of valuable natural resources, the Thomas Preserve should
be included in the "No Shooting" District.
Action
NOW THEREFORE, in consideration of the foregoing, the Board of the Land Trust
does herein resolve and authorize the Land Trust to petition Deschutes County to include within
a "No Shooting" District or other appropriate designation, the lands generally described in
Exhibit "A", and that the Property be posted as such; and
Furthermore, the Board herein specifically authorizes the Land Trust's Executive
Director to take all actions reasonably contemplated to implement this Resolution, including, but
not limited to the execution and implementation of all related documents and actions.
DESCHUTES BASIN LAND TRUST
Dated: ,/G
Dated: lo Z3 v
Board Secretary
Action03-005.doc
Bob Woodward
• y
EXHIBIT "A"
ACTION ITEM #03-005
That portion of the North Half of the Southwest Quarter of the Southwest Quarter (N'/2
SW '/a SW '/o) of Section 35 lying between the boundaries of said North Half of the Southwest
Quarter of the Southwest Quarter (N %i SW 1/4 SW '/a) and to the left of the center of the
Deschutes River, as located May 24, 1954, in Township 20 South, Range 10 East, of the
Willamette Meridian, Deschutes County, Oregon.
10-10.33 BEND CODE 10-10.33
Section 33. Amendments. This ordinance may be amended by changing the boundaries of zones or
by changing any other provisions thereof, whenever the public necessity and convenience and the
general welfare requires such an amendment. Such a change may be proposed by the City Council
on its own motion or by motion of the Planning Commission, or by petition as hereinafter set forth.
(1) Application. An application for amendment by a property owner or his authorized agent
shall be filed with the City Planning Director. The application shall be made on the forms
provided by the City. Before taking final action on a proposed amendment, the Approval
Authority shall hold a public hearing thereon. The Approval Authority shall follow the
procedures set forth in the City of Bend's land use procedures for map changes.
(2) Standards for Zone Change. The burden of proof is upon the one seeking change. The
degree of that burden increases proportionately with the degree of impact of the change
which is sought. The applicant shall in all cases establish:
(a) That the change conforms with the Comprehensive Plan. Specifically, the change is
consistent with the plan's intent to promote an orderly pattern and sequence of
growth.
(b) That the change will not interfere with existing development on, development
potential, or value of other land in the vicinity of the proposed action.
(c) That the change in classification for the subject property is consistent with the
purpose and intent of the proposed zone classification.
(d) That the change will result in the orderly and efficient extension or provisions of
public services. Also, that the change is consistent with the City of Bend policy for
provision of public facilities.
(e) That there is proof of a change of circumstance or a mistake in the original zoning.
(3) Action by the City Council. The City Council may enact an ordinance granting the zone
change or amendment, or may by motion deny the granting of the zone change or
amendment.
(4) Text Amendments. For amendments to the text, notice of the time and place of the public
hearing before the Approval Authority and of the purpose of the proposed amendment shall
be given by publication in a newspaper of general circulation in the City at least ten days
prior to the date of the hearing.
(5) Record of Amendments. The signed copy of each amendment to the text and the map of this
ordinance shall be maintained on file in the office of the City Recorder. A record of such
amendments shall be maintained in a form convenient for the use of the public.
10-10.33 BEND CODE 10-10.33
(6) Resolution of Intent to Rezone. If, from the facts presented and findings and the report and
recommendations of the Approval Authority as required by this section, the City Council
determines that the public health, safety, welfare and convenience will be best served by a
proposed change of zone, the City Council may indicate its general approval in principal of
the proposed rezoning by the adoption of a "Resolution of Intent to Rezone." This resolution
shall include any conditions, stipulations or limitations, which the City Council may feel
necessary to require in the public interest as a prerequisite to final action, including those
provisions which the City Council may feel necessary to prevent speculative holding of the
property after rezoning. The fulfillment of all conditions, stipulations and limitations
contained in said resolution, on the part of the applicant, shall make such a resolution a
binding commitment on the City Council. Such a resolution shall not be used to justify spot
zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in
the proposed zoning. Upon completion of compliance action by the applicant, the City
Council shall by ordinance effect such rezoning. The failure of the applicant to meet any or
all conditions, stipulations or limitations contained in the resolution, including the time limit
placed in the resolution, shall render the resolution of intent to rezone null and void, unless
an extension is granted by the City Council upon recommendation of the Planning
Commission.
(a) Content of Site Plan. Where a site plan is required pursuant to Section 23, it shall
include location of existing and proposed buildings, structures, accesses, off-street
parking and loading spaces and landscaping; topography, existing and proposed;
mechanical roof facilities if subject property is so oriented as to become part of the
view from adjacent properties; architectural perspective, layout and all elevations
drawn without exaggeration except where noted including locations, area and design
of signs and all landscaping.
(b) Resolution of Intent Binding. The fulfillment of all conditions, stipulations and
limitations contained in the resolution of intent, on the part of the applicant, shall
make the resolution binding on the City Council. Upon compliance with the
resolution by the applicant, the City Council shall by ordinance effect such
reclassification.
(c) Resolution of Intent Void Upon Failure to Comply. The failure of the applicant to
substantially meet any or all conditions, stipulations or limitations contained in a
resolution of intent, including the time limit placed in the resolution, shall render said
resolution null and void, unless an extension is granted by the City Council upon
recommendation of the Planning Commission.
[Section 33(2) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 33(3) amended by ORD. No. NS-1372 passed March 2, 1983]
[Section 33 amended by ORD. No. NS-1475 passed July 20, 1988]