Loading...
2008-649-Order No. 2008-044 Recorded 6/18/2008REVIEWED LEG C SEL DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 1111111111111111111111111 11 2008-649 CLERKDS CJ 20{8-66 06/18/2008 12:43:01 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Thornburgh Resort Annexation into the Deschutes County Rural Fire Protection District #1 ORDER NO. 2008-044 WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire Protection District #I was duly filed with the Board of County Commissioners of Deschutes County on or about April 22, 2008; and WHEREAS, the Deschutes County Clerk's Office has verified that the annexation petition was signed by the real property owner within the areas to be annexed; and WHEREAS, a public hearing was held on June 2, 2008, to hear the petition and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan and the criteria prescribed by 198.805, the affected areas would be benefited by annexations of said territory into Deschutes County Rural Fire Protection District #1; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Thornburgh Resort petition for annexation into Deschutes County Rural Fire Protection District #1 attached to and referenced in Order No. 2008-039 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 Thornburgh Resort Annexation and as set forth, shall be known as the "Thornburgh 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 Thornburgh Resort Annexation is declared to be annexed into Deschutes County Rural Fire Protection District #1 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, Deschutes County 911 County Service District, and Deschutes County Rural Fire Protection District # 1. PAGE 1 OF 2- ORDER NO. 2008-044 (6/2/08; CONTINUED TO 6/9/08; CONTINUED TO 6/16/08) Section 6. The purpose of this District is to provide fire protection services within the District. Dated this 2'd day of June 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES OUNTY, OREGON DE S R. LUKE, CHAIR ATTEST: 6nw~ 1/~~ Recording Secretary 40 TAM (ANEY) ME TO VICE CHAIR M EL M. DALY, C MISSIONER PAGE 2 of 2- ORDER No. 2008-044 (6/2/08) Fire Protection District Annexation (Not Surveyed) A parcel of land located in Township 15 South, Range 12 East, Willamette Meridian, Deschutes County, being more particularly described as follows: Beginning at the southeast corner of Section 28 of said Township and Range; thence along the south boundary of said Section 28, North 89°44'49" West a distance of 2605.72 feet to the south one-quarter corner of said Section 28; thence continuing along said south boundary, North 89°45'08" West a distance of 2605.82 feet to the southwest corner of said Section 28 and the southeast corner of Section 29 of said Township and Range; thence along the south boundary of said Section 29, North 89°23'42" West a distance of 2661.15 feet to the south one-quarter corner of said Section 29; thence continuing along said south boundary, North 89°15'33" West a distance of 2635.03 feet to the southwest comer of said Section 29 and the southeast corner of Section 30 of said Township and Range; thence along the south boundary of said Section 30, South 89°59'43" West a distance of 2639.43 feet to the south one-quarter corner of said Section 30; thence continuing along said south boundary, South 89°52'19" West a distance of 1002.10 feet to the easterly right-of-way of Barr Road; thence along said right-of-way line the following one (1) course and one (1) curve: North 00°20'28" West a distance of 2455.89 feet; 188.80 feet along the arc of a tangent curve to the right with a radius of 1880.00 feet, the chord of which bears North 02°32'09" East for a distance of 188.72 feet to a point on the south boundary of the East One-Half of the Northwest One-Quarter (E1/2 NW I/4) of said Section 30; thence along the south boundary of said E1/2 NWl/4, South 89°38'21" West a distance of 332.61feet to the southwest corner of said E1/2 NWI/4; thence along the west boundary of said E1/2 NW1/4, North 00°18'19" East a distance of 2662.85 feet to the northwest corner of said E1/2 NWl/4; thence along the north boundary of said E1/2 NW1/4, North 89°53'40" East a distance of 1028.68 feet to said easterly right-of-way of Barr Road; thence along said easterly right-of-way line the following eight (8) courses and seven (7) curves: North 04015'02-- East a distance of 1883.55 feet; 632.79 feet along the are of a tangent curve to the left with a radius of 603.77 feet, the chord of which bears North 25°46'28" West for a distance of 604.23 feet; North 55°47'58" West a distance of 243.90 feet; 477.87 feet along the arc of a tangent curve to the right with a. radius of 543.79 feet, the chord of which bears North. 30°37'28" West for a distance of 462.64 feet; North 05°26'58" West a distance of 2079.04 feet; 816.33 feet along the arc of a tangent curve to the right with a radius of 2834.69 feet, the chord of which bears North 02°48'02" East fora distance of 813.51 feet; North 11 003'02" East a distance of 2108.24 feet; 262.49 feet along the arc of a tangent curve to the left with a radius of 1462.53 feet, the chord of which bears North 05°54'32" East for a distance of 262.14 feet; North 00°46'02" East a distance of 353.20 feet; SALand Projecls\Cline Butte DR\d%vg\040807-pJ;uNocsUire district annexation - boundary.doe Legal Description - Exhibit A Page 1 of 4 'E~~ E7 R.7 i ~ s ~~a Resol tt ion 20.7-'~.t p 2 Inc S Itaticfa f:t{ ziyws i-3CFstrttv- Rural fq$=TCfj n I>~; irz' --41 W t: i a& I i 2tt$VI UOUla€y €w iii Ft; e pmIt lson Na m ;t spy Ia alxts ii::. iFrr di s Dl:~ g 9hr. C ie} f i t .~rfsi -figf. Was ~v~Ft3 16 nr~ft isfe; €.i~vpztsb~~tan iii. y"roper#_ witlin ire bi!or iGt; A'E°`Y$E "AS, tho Di,,Mct t-eviLn a tlwon pwporty w el ~ Di~triea: vow-6. ii~ wilco--mw . ; rt ofp sy: ra16s jai. to the C`EWgty_ I E~ tfi Lf".TF,I`3t3 x C j uaFt ?n. p'. '.I ctrl h tr a sfs r~tia i it AF€s::mad r, rimtaiiaonn ai: t b : bXWOW: In the Visnict Ott k t~nt~3:,rt,ka~ se Yc cuWpgr~~~t~ ~t.j~kwtst~it.~ i"v<t~~ktlFffY~C~J.{t~3 d ':t'lfdEff$ZY~ tiK'FE~t t~k'E~ 1{YI71~a~a:f,TFl; y~ 1~I-.tt `s.<,s rhu .ES~+sF:r}~- Rg"f3rt 33~W.a - fd ter~e« Ea pt~F.vssEh t#~tF:.~a~ft~ r~Fun, iitr Dc,vbw~~ Cow, Im statutwz, and egfw tii2"'t t <YS kt~ d~?fh 3SA, 1gL~L~ Efli3i.~:4~Ft7FI YFxuwt cvu st tzF r iil B ali atilt ~u3iifa Mgzfir -t- ; Y.~St~ (I3XE~ ~Ca Zk'iEkC7~ . #?~4i3}St £"ftlwtyto th. Di iVt f c irlitt ~ ~sras~ ti Prat r6 43 f l i °t~ i e a r; a~I!C ~ ; F 3 CD t , : 't y~ af- "A.0 Y; yy~:F:,,i~~S~~G4{{~9.~i:tf3 tF~~YFL'F~Yf~I'~IG~S ~'F33 t3G&`f~ ~~CfiTYi,~'F~.CF~t~ t~ $~3~'oF9~<~ t~~*:r~~ L~~''Y'Lrit 3~rfsszi a°r' Document Reproduces Poorly (Archived) 500.78 feet along the arc of a tangent curve to the right with a radius of 1880.46 feet, the chord of which bears North 08°23'47" East for a distance of 499.30 feet; North 16°01'32" East a distance of 468.40 feet; 579.82 feet along the arc of a tangent curve to the tight with a radius of 925.38 feet, the chord of which bears North 33°58'32" East for a distance of 570.38 feet; North 51 °55'32" East a distance of 210.63 feet; 525.12 feet along the arc of a tangent curve to the left with a radius of 985.38 feet, the chord of which bears North 36°39'32" East for a distance of 518.92 feet; North 21 °23'32" . East a distance of 5839.99 feet to the southerly right-of-way line of the McKenzie Highway; thence along said southerly right-of-way line, South 79°34'08" East a distance of 5414.34 feet to the east boundary of the Northeast One-Quarter (NE114) of Section 8 of said Township and Range; thence along said east boundary, South 00°56'33" West a distance of 1737.63 feet to the east one-quarter of said Section 8 and the west one-quarter coiner of Section 9 of said Township and Range; thence along the north boundary of the Southwest One-Quarter (SWI/4) of said Section 9, North 89°49'36" East a distance of 2708.74 feet to the center one-quarter corner of said Section 9; thence along the east boundary of said SW 1/4, South 00°34'51" West a distance of 1328.46 feet to the northwest comer of the South One-Half of the Southeast One-Quarter (S1/2 SEI/4) of said Section 9; thence along the north boundary of said S1/2 SEI/4, North 89°44'57" East a distance of 2699.08 feet to the northeast corner of said S1/2 SEI/4 and the northwest corner of the Southwest One-Quarter of the Southwest One-Quarter (SWI/4 SWI/4) of Section 10 of said Township and Range; thence along the north boundary of said SWI/4 SWl/4, South 89°58'00" East a distance of 1326.38 feet to the northeast corner of said SWI/4 SWI/4; thence along the east boundary of said SWI/4 SWI/4, South 00°20'12" West a distance of 1323.94 feet to the southeast corner of said S W 1/4 SW I/4 and the northwest corner of the east One-Half of the west One-Half (EI/2 W1/2) of Section 15 of said Township and Range; thence along the north boundary of said E1/2 W1/2 of said Section 15, South 89°59'43" East a distance of 1323.04 feet to the northeast corner of said E1/2 W I/2; thence along the east boundary of said WI/2, South 00°13'13" West a distance of 5393.31 feet to the southeast corner of said W I/2 and the northeast corner of the West One-Half (W1/2) of Section 22 of said Township and Range; thence along the east boundary of said W1/2, South 00°01'41" West a distance of 1302.13 feet to the northwest corner of the Southwest One-Quarter of the Northeast One-Quarter (SWI/4 NEI/4) of said Section 22; thence along the north boundary of said SWI/4 NE114, North 88°49'51" East a distance of 1307.80 feet to the northeast corner of said SWI/4 NEI/4; thence along the east boundary of said S W 1/4 NE 1/4, South 00°01'48" East a distance of 1313.64 feet to the southeast corner of said SWI/4 NEI/4 and the northwest corner of the Northeast One-Quarter of the Southeast One-Quarter (NEI /4 SE 114) of said Section 22; thence along the north boundary of said NEI14 SEI/4, North 89°20'08" East a distance of 1308.95 feet to the northeast comer of said NEI/4 SE1/4 and the northwest corner of the Northwest One-Quarter of the Northwest One- Quarter of the Southwest One-Quarter (NW114 NW1/4 SW1/4) of Section 23 of said Township and Range; thence along the north boundary of said NW1/4 NW1/4 SWI/4, South 89°45'45" East a distance of 666.35 feet to the northeast corner of said NWl/4 NW I/4 SW1/4; thence along the east boundary of said NW11/4 NI/4 SWI/4, South 00°10'39" East a distance of 663.19 feet to the southeast comer of said NWi/4 NW1/4 SWI/4; thence North 89°46'01" West a distance of 666.71 feet to the southwest corner of said NW1/4 NW1/4 SWI/4 and a point on the east S:Und Pmjcc.(ACIine Butte DR\dwg\040607-plan\Jocs\rne district annexation - boundary.doc Legal Description - Exhibit A Page 2 of 4 boundary of said NEI/4 SETA of said Section 22; thence along said east boundary, South 00°08'48" East a distance of 663.24 feet to the southeast corner of said NEI/4 SE1/4; thence along the south boundary of said NE 1 /4 SE 1 /4, South 89°18'55" West a distance of 1310.98 feet to the southwest confer of said NEI/4 SE114 and the northeast corner of the Southwest One- Quarter of the Southeast One-Quarter (SW1/4 SE1/4) of said Section 22; thence along the east boundary of said SWI/4 SE1/4, South 00°03'33" East a distance of 33185 feet to the westerly right-of-way line of the Tumalo-Cline Falls Market Road; thence along said right-of-way line the following four (4) curves and three (3) courses: 35.19 feet along a non-tangent curve to the left with a radius of 1462.81 feet, the chord of which bears South 14°37'08" West a distance of 35.19 feet; South 13°55'48" West a distance of 807.50 feet; 841.01 feet along the arc of a tangent curve to the right with a radius of 925.47 feet, the chord of which bears South 39°57'48" West for a distance of 812.37 feet; South 65°59'48" West a distance of 402.90 feet; 1223.53 feet along the arc of a tangent curve to the left with a radius of 2894.82 feet, the chord of which bears South 53°53'18" West for a distance of 1214.44 feet; South 41°46'48" West a distance of 2285.26 feet; 535.05 feet along the arc of a tangent curve to the right with a radius of 2835.55 feet, the chord of which bears South 47°11'08" West for a distance of 534.26 feet to a point on the east boundary of the Southeast One-Quarter (SE1/4) of said Section 28; thence along said east boundary, South 00°56'04" West a distance of 1932.31 feet to the point of beginning, the tenninus of this description. Excepting Therefrom: Beginning at the northwest corner of Section 16 of said Township and Range; thence along the north boundary of the Northwest One-Quarter (NW1/4) of said Section, North 89°40'45" East a distance of 2704.48 feet to the north one-quarter corner of said Section 16; thence along the north boundary of the Northeast One-Quarter (NE 1/4) of said Section 16, North 89°40'28" East a distance of 2702.95 feet to the northeast corner of said Section 16; thence along the east boundary of said NEIA, South 00°26'22" West a distance of 2640.57 feet to the east one-quarter corner of said Section 16; thence along the south boundary of said NEI/4, South 89°28'55" West a distance of 2689.05 feet to the center one-quarter comer of said Section 16; thence along the east boundary of the Southwest One-Quarter (SW1/4) of said Section 16, South 00°08'10" West a distance of 2693.31 feet to the south one-quarter corner of said Section 16; thence along the south boundary of said S WI/4, North 89°47'34" West a distance of 2729.45 feet to the southwest corner of said Section 16; thence along the west boundary of said Section 16, North 00°24'21" East a distance of 5317.87 feet to the point of beginning, the terminus of this description. Also Excepting Therefrom: Beginning at the southeast corner of said Section 29; thence along the south boundary of said Section 29, North 89°23'42" West a distance of 1330.57 feet to the southeast comer of the Southwest One-Quarter of the Southeast One-Quarter (SW1/4 SE1/4) of said Section 29; thence S:Uand projectsUine Butte DR41wo\040807-plarAdocs\fire district annexation - boundary.doc Legal Description - Exhibit A Page 3 of 4 along the east boundary of said SWIM SE1/4, North 01 °15'50" West a distance of 1327.53 feet to the northeast corner of said SWIM SEI/4; thence along the north boundary of said SW1/4 SE1/4, North 89°15'44" West a distance of 1326.28 feet to the northwest corner of said SWIM SEl/4 and the northeast corner of the South One-Half of the Southwest One-Quarter (S i/2 SWI/4) of said Section 29; thence along the north line of said S1/2 SWIM, North 89°12'18" West a distance of 2613.32 feet to the northwest corner of said S1/2 SWIM and the northeast corner of the Southeast One-Quarter of the Southeast One-Quarter (SE1/4 SE1/4) of said Section 30; thence along the north boundary of said SEIM SE1/4, South 89°46'54" West a distance of 1317.64 feet to the northwest coiner of said SE1/4 SE1/4; thence along the east boundary of the West One-Half of the Southeast One-Quarter (W 1/2 SE I /4) of said Section 30, North 00°02'56" West a distance of 1329.16 feet to the northeast corner of said W I/2 SEI/4 and the southeast corner of the West One-Half of the Northeast One-Quarter (W1/2 NE114) of said Section 30; thence along the east boundary of said WI/2 NE1/4, North 00°05'11" West a distance of 1325.46 feet to the southwest corner of the Northeast One-Quarter of the Northeast One-Quarter (NE1/4 NE114) of said Section 30; thence along the south boundary said NE1/4 NE1/4, North 89°46'00" East a distance of 1317.82 feet to the southeast corner of said NEl/4 NE114 and the southwest comer of the North One-Half of the Northwest One-Quarter (NI/2 NW114) of said Section 29; thence along the south boundary of said N1/2 NWI/4, South 88°57'37" East a distance of 2586.84 feet to the southeast corner of said N1/2 N W 114; thence along the east boundary of said N112 NWI/4, North 00°16'30" West a distance of 1315.54 feet to the northeast corner of said N1/2 NWIA and the northwest corner of the Northeast One-Quarter MI/4) of said Section 29; thence along the north boundary of said NE 1/4, South 89°16'27" East a distance of 2590.72 feet to the northeast comer of said Section 29 and the northwest corner of said Section 28; thence along the north boundary of said Section 28, South 89°4533" East a distance of 2707.84 feet to the north one-quarter of said Section 28; thence continuing along said north boundary, South 89°37'12" East a distance of 2719.27 feet to the northeast corner of said Section 28; thence along the east boundary of said Section 28, South 00°53'32" West a distance of 2639.93 feet to the east one-quarter corner of said Section 28; thence continuing along said east boundary, South 00°56'04 West a distance of 1319.71 feet to the northeast cornet of the South One-Half of the South One-Half (Sl12 S1/2) of said Section 28; thence along the north boundary of said Sl/2 S 1/2, North 89°43'04" West a distance of 5266.70 feet to the northwest conger of said S 1/2 S 1/2; thence along the west boundary of said S I/2 S I/2, South 01 °27'20" East a distance of 1323.13 feet to the point of beginning, the terminus of this description. Subject to. All easements, restrictions and right-of-ways of record and those common and apparent on the land. 11411, 8 S:%Land Projccts'Cline Butte DMdwg\040807-planWcslfire district annexation - boundary.doc Legal Description - Exhibit A Page 4 of 4 RENEWAL DATE: 06/30/08 THORNB URGH RESORT EXHINT B-11 FIRE PR07EC77ON DISTRICT, TOWNSHIP 15 SOUTH, RANGE 12 EAST, WM., DESCHUTES COUNTY, OREGON I 6 5 4 3 I 1300 I I I 7 I z0 I 5100 I I I I .4~, 'I ~ 5100 I 1 i I I 3 1 I ai.ea 1 i N r 5100 w. 3 1 .,,t i SCALE.' 1' = 3000' PREPARED BY Infik SDR PLAWOM IM "AN IIILUM& & ASSOCIATES, INC 698 NW YgrdA QR/1. BEM OREM W 977M PHOW (541) 3W-9351 SEE MAP OVE MAP V, P- 27 r~~v 0 I 8400, 84001 8400 I THORNBURGH DESTINATION RESORT r EXIS77NG FIRE PROTECTION DISTRICT BOUNDARY PROPOSED FIRE PR07EC77ON DISTRICT ANNEXA 77ON 040807-FD.OWG --r I- C- 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: May 13, 2008 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Ruth Wahl, Associate Planner RE: Annexation to Deschutes County Rural Fire Protection District No. 1; Thornburgh Resort Co., LLC Annexation, Your file no. 16/6-008 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 (Chapter 23.68 of Title 23 of the County Code, Section 23.68.020), Policies, 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. Fire protection is an important part of rural development, as evidenced by the comprehensive plan chapter on natural hazards, which includes fire. It is clear that the ability to acquire fire protection is a valuable public resource. Staff finds that the proposed annexation to the Deschutes County Rural Fire Protection District #1 is consistent with the County Comprehensive Plan and Statewide Planning Goals.