2016-398-Order No. 2016-034 Recorded 8/15/2016VIEWED
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LEGAL COUNSEL
DESCHUTESFICIAL
CLERKS CJ 2016.398
COMMISSIONERS' JOURNAL 08/15/2016 08:34:32 AM
11111111111111111111
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date *
For Public Hearing for Petition filed for The * ORDER NO. 2016-034
Tree Farm, LLC, Annexation into the Bend *
Park & Recreation District
WHEREAS, a petition requesting annexation of territory into Bend Park & Recreation
was duly filed with the Deschutes County Board of County Commissioners ("Board") on or about
June 1, 2016, a copy of which is attached hereto as Exhibit "1" and by this reference incorporated
herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing
on the petition no earlier than 20 days and no later than 50 days from the date of filing with notice
to the petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is September 14, 2016;
and,
WHEREAS, the Board chooses to also require publication notice for special district
annexations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. The petition for annexation to the Bend Park & Recreation District, a copy of
which is attached hereto as Exhibit "1," is hereby accepted for filing.
Section 2. A hearing regarding annexation to the district shall be held on September 14,
2016, at 10 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County,
Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit
"2," attached hereto and by this reference incorporated herein. The Legal Department shall cause
the notice to be published in The Bulletin on August 30 and September 9, 2016, and posted on or
before August 30, 2016, in three public locations within the county as follows: One on or near
the doors of the meeting room of the Board of County Commissioners; one upon any official
bulletin board customarily used for the purpose of posting public notices within the county; and
blit bulletin board customarily- used for the f posting public
One upon any official public bulletin GlAJ w1110.11ty purpose of pvJ�ag i
notices within the district. Notices posted shall be for not less than five (5) consecutive days.
PAGE 1 OF 2- ORDER No. 2016-034 (8/10/16)
Section 4. The Director of the Deschutes County Community Development Department
shall cause to be filed with this Board prior to September 14, 2016, a land use compatibility
statement regarding this proposed special district annexation as contemplated in ORS 197.175
and 199.462, and any other applicable statutory authority.
Dated this /// of
ATTEST:
(/31/AAAi
ar)- , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Recording Secretary
PAGE 2 OF 2- ORDER No. 2016-034 (8/10/16)
ALAN UNGER, CHAIR
G
TAMMY BANEY, VI CHAIR
ANTHONY DEBONE, COMMISSIONER
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
On September 14, 2016, at 10:00 a.m., the Deschutes County Board of Commissioners will hold
a public hearing to consider a petition for annexation of certain property owned by The Tree
Farm LLC into the Bend Park & Recreation District. This hearing will be held in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon. All
interested persons may appear and be heard.
The property Petitioner proposes to annex is identified as 19100 Skyliners Road, Deschutes
County, Oregon. To view a map and legal description of the boundaries of the proposed
annexation, contact the Deschutes County Counsel's Office at 388-6622.
Deschutes County encourages persons with disabilities to participate in all programs and
activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to
bonnie.baker@deschutes.org.
EXHIBIT "2" - ORDER No. 2016-034 (8/10/2016) - PAGE 1 OF 1 -
To:
P TIT ON TO ANNEX PROPERTY TO
evt t- -k + RQ_ur^I e v1 T.)1.SktriCt-
(Name of District)
The Board of County Commissioners, Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.95.
2. This annexation Petition affects only Deschutes County and Z3et401e4"- -�-R L v1
i (Name of District)
3. The principal act for B.y wt +Recc lcm1)131- is
(Name of District)
ORS 6 A C5 l
(Proper statutory reference, see the list in ORS 198.010 and write in one of the sets of statutes in that!
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
and registered voters in the area proposed to be annexed as indi cated opposite their
respective signature, and that all signatures were obtained on or after [DATE]
-Y1-�_- , 20_16
5. It is req ested ftl�at the proceed' gs be taken for tltie annexation of said territory to
'j�,py,A�t2 •V��o� �S��r�� , Desc hutes County, Oregon.
(Name of District)
A description of the boundaries of the territory to be annexed is attached hereto as Exhibit
"A" and depicted on the map attached as Exhibit "B".
6. That said Petition has been signed by at least 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed.
DATED this f Sf-day of uVL it _
CHIEF PETITIONERS:
Name: ..e. Tree_ V4 -v -v -1,
LL
MailiAddrngess: 40q N � � 1 th Ave -
_men :O f-. 9-1705.
Phone:-.C4"('%`T/'UI '" 2 1- 4 -
DATED this day of ,20_
Approved by the Board of Commissioners of
Name of District
DATED this — day of ,20_
Approved by City of
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Name:
Mailing
Address:
Phone:
District Signature
By: PrDw I r ro y1,
(Print Name)
Title: `zxet..}-v�
City Signature
By:
(Print Name)
Title:
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Del/Tech Enaineerinq Inc,
Site Planning • Civil Engineering
Land Surveying
EXHIBIT 'A'
LEGAL DESCRIPTION
A TRACT OF LAND INCLUDING PORTIONS OF SECTIONS 27 AND 34, TOWNSHIP 17 SOUTH,
RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
SECTIQN 27. TOWNSHIP 17 SOUTH. RANGE 11 EAST. WILLAMETTE MERIDIAN:
THAT PORTION OF THE SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST QUARTER (SEI /4), OF
SAID SECTION 27, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY LINE FOR THAT
TRACT OF LAND KNOWN AS "SHEVLIN PARK", AS DESCRIBED IN THAT DEED TO THE CITY OF
BEND, FILED JANUARY 14, 1921 IN BOOK 30, PAGE 331, RECORDS OF DESCHUTES COUNTY,
OREGON;
SECTION 34. TOWNSHIP 17 SOUTH. RANGE 11 EAST, WILLAMETTE MERIDIAN:
THAT PORTION OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION 34, LYING
SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY LINE FOR THAT TRACT OF LAND KNOWN
AS "SHEVLIN PARK", AS DESCRIBED IN THAT DEED TO THE CITY OF BEND, FILED JANUARY 14,
1921 IN BOOK 30, PAGE 331, RECORDS OF DESCHUTES COUNTY, OREGON;
THE SOUTHEAST QUARTER (SEI/4) OF SAID SECTION 34, EXCEPTING THEREFROM. THAT TRACT
OF LAND DESCRIBED IN THAT DEED TO THE CITY OF BEND, FILED SEPTEMBER 26, 1991 AS
INSTRUMENT NO. 91-28510, RECORDS OF DESCHUTES COUNTY, OREGON;
THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 34, EXCEPTING THEREFROM, THAT TRACT
OF LAND KNOWN AS "SHEVLIN PARK", AS DESCRIBED IN THAT DEED TO THE CITY OF BEND,
FILED JANUARY 14, 1921 M BOOK 30, PAGE 331, RECORDS OF DESCHUTES COUNTY, OREGON,
ALSO EXCEPTING THEREFROM, THAT TRACT OF LAND DESCRIBED IN THAT DEED TO THE CITY
OF BEND, FILED SEPTEMBER 26, 1991 AS INSTRUMENT NO. 91-28510, RECORDS OF DESCHUTES
COUNTY, OREGON.
THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF
SAID SECTION 34, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY LINE FOR THAT
TRACT OF LAND KNOWN AS "SHEVLIN PARK", AS DESCRIBED IN THAT DEED TO THE CITY OF
BEND, FILED JANUARY 14, 1921 IN BOOK 30, PAGE 331, RECORDS OF DESCHUTES COUNTY,
OREGON;
HEREIN DESCRIBED LANDS CONTAINS 382.6 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND THOSE
COMMON AND APPARENT ON THE LAND.
TF BP&RD Annex Legal.doc
REGISTERED
PROFESSIONAL
JULY 20, 2009
SCOTT LDUG
*79289
'7YPIRES* MO 1/$rl
Page 1 01'1
3052 NW Merchant Way, Suite 107 Bend, OR 97703 • P: (541) 317-8429
May 26, 2016
Exhibit 1 - Order 2016-034 - 3 of 14
1000'
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ANNEXED TERRITORY
TREE FARM
BPRD ANNEXATION
EXHIBIT
5/24/2016
11/
DevTech Engineering Inc.
Site Planning • Civil Engineering
Land Surveying
3052 NW MERCHANT WAY, STE 107
Bend, OR 97703
Phone: (541) 317-8429
Exhibit 1 - Order 2016-034 -4 of 14
/0/10 I
-73,-
91-2853,0
BARGAIN AND SALE DEED 245 2780
WILLIAM E. MILLER, Grantor, conveys to the CITY OF BEND, an Oregon
municipal corporation, Grantee, the following real property:
A parcel of land situated in the South one-half of
Section 34, Township 17 South, Range 11 East, Willamette
Meridian being further described as follows:
Beginning at a point on the south line of said Section
34, Township 17 South, Range 11 East, Willamette
Meridian, said point bears South 89°57'23" West, 163.61
feet from a 3 inch by 30 inch iron pipe with 3 inch brass;
cap marking the South one-quarter corner of said Section
34; thence North 42°58'14" East, 615.78 feet; thence
North 34°49'03" East, 357.11 feet; thence North 10°43'50"
East, 113.59 feet; thence South 81°08'56" West, 622.64
feet; thence South 34°26'56" West, 921.52 feet to a point
on the south line of said Section 34; thence along said
south line North 89°57'23" East, 491.73 feet to the point
of beginning. Said parcel containing 10.59 acres more or
less.
Said parcel being subject to all prior easements of record.
Grantor also conveys a temporary access easement as outlined by
attached letter and map marked Exhibit "A." For the term of the
temporary easement, Grantee agrees to hold Grantor harmless from
any liability arising out of use of said temporary easement by
Grantee, its employees and contractors and to indemnify Grantor for
any loss incurred by Grantor as a result of Grantee's use of said
temporary easement.
This instrument will not allow use of the property described in
this instrument in violation of applicable land use laws and
regulations. Before signing or accepting this instrument, the
person acquiring fee title to the property should check with the
appropriate city or county planning department to verify approved
uses.
The true consideration for this conveyance is the execution of the
attached agreement, marked Exhibit "B."
This property shall revert to Grantor if the property is not used,
within 10 years of the date of this deed for the intended purpose
specified in Section 3 of Exhibit "El" or in the event that use of
the property for its intended purpose is permanently abandoned by
Grantee. Grantee shall be given an opportunity and a reasonable
Band Tide Company
Page 2 of 2
William H. Millar
8/29/91
Exhibit 1 - Order 2016-034 - 5 of 14
245 - 2781
time to remove any of the facilities it has constructed on the
deeded property.
DATED this day of 52T4a,Y1.02.— , 1991.
GRANTOR
STATE OF OREGON
)ss
County of Deschutes )
AW1000-4
ILLIAM E. ILLEA
Personally appeared the above named Miezio.n C.ATAAelelk,
and acknowledged the foregoing instrument to be
voluntary act before me this .14A/day of V.40..term.4.44.- 194LL7
awe'4,4
NOTARY PUBLIC FOR ChEoON,
My Commission Expires: WS/9Z_
qt \ dove.. Vigreemts.91\miller.wd
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Page 2 oC 2
ellion 2. Miller
8/29/91
1'
:
Exhibit 1 - Order 2016-034 - 6 of 14
245 2782
EXHIBIT "B"
AGREEMENT
THIS AGREEMENT, made and entered into by and between WILLIAM
E. MILLER, hereinafter referred to as FIRST PARTY, and CITY OF
BEND, a municipal corporation, hereinafter referred to as SECOND
PARTY.
WITNESSETH:
FIRST PARTY is deeding approximately twelve (12) acres of
real property located in Section 34, T17S, R11E, Deschutes
County, Oregon, together with required access and underground
utility easements, as referred to in paragraphs 5 and 6, below.
The intent of said donation is to provide a site for the initial
phases of a major upgrade and installation of EPA required water
facilities of SECOND PARTY.
The parties herein further agree to the following
provisions:
1. FIRST PARTY will retain the right to merchantable timber
on said property for a period of twenty (20) years. The intent
of this provision is to allow FIRST PARTY to conduct an ongoing
commercial thinning and fire protection program, as long as said
program does not interfere with SECOND PARTY's operation of its
water system facllitiea.
2. SECOND PARTY agrees to provide and complete a
development plan which includes reasonable vegetation screening
of all proposed facilities. The color of facilities constructed
must blend in with the natural vegetation and surroundings.
SECOND PARTY agrees to provide complete plans for proposed
construction to FIRST PARTY and FIRST PARTY will have the right
of plan approval of the following items:
(a) Any structure with a top elevation in excess of 4025';
and
(b) Any structure with a tOp elevation less than 4025' that
exceeds 40' above natural ground level and that is located
at the rim of the property or that otherwise significantly
impacts sight lines from other areas of SECOND PARTY'S
property; and
(c) Removal of any tree within 50 feet of SECOND PARTY'S
property line; and
(d) Cyclone fence specifications and fence location; and
Exhibit 1 - Order 2016-034 - 7 of 14
245 - 2783
(e) Noise levels, if any proposed facilities generate noise
levels that may impact adjacent FIRST PARTY'S development,
excepting required emergency or safety devices; and
(f) The reasonable method of buffering or screening for
constructed facilities; and
(g) Any permanent outside storage of supplies or equipment.
FIRST PARTY'S plan review of said items must take place within a
reasonable time after receipt of SECOND PARTY'S plans. FIRST
PARTY agrees to cooperate with SECOND PARTY and agrees not to
withhold approval for reasonable site components.
3. The intended purpose of acquisition of said real
property by SECOND PARTY is to construct all or some of the
following water facilities:
Chlorine contact chambers; chlorine injection facilities,
including storage, wells, reservoirs, water lines, security
fencing and any other facilities directly related to the
operations these stated facilities.
4. SECOND PARTY agrees to assist FIRST PARTY within the
framework of CITY policies and requirements, and prior agreements
between FIRST and SECOND PARTY, to the greatest extent possible,
in providing domestic water supplies for lands owned by FIRST
PARTY. Such assistance shall include, but not be limited to,
over -sizing of reservoirs and proposed water lines to accommodate
proposed development on property of FIRST PARTY, with appropriate
compensation from FIRST PARTY for over -sizing.
5. Both FIRST and SECOND PARTIES may require access or
utility easements which cannot be identified at this time, it is
agreed both parties will negotiate in good faith all easement
needs, locations, and conditions. If agreement between the
parties cannot be reached, an impartial third party arbitrator,
such as a civil engineering consultant, will be retained by both
parties to review easement needs and issue a decision. The
arbitrator's decision will prevail.
6. All access and utility easements shall be located to be
compatible with future developments plans by both FIRST and
SECOND PARTY. Upon the request of FIRST PARTY, the SECOND PARTY
will restrict its access to SECOND PARTY facilities to SECOND
PARTY right-of-way easements or public streets, provided access
is available by such ways.
7. SECOND PARTY will pursue additional land acquisitions
from others, if necessary, to accommodate future reservoirs
serving Pressure Level 3, additional wells, and other necessary
major facilities. SECOND PARTY anticipates a storage reservoir
Page 2. Agreement - Miller/City of Bend
_ •
Exhibit 1 - Order 2016-034 - 8 of 14
245 2784
will be constructed on the 12 -acre tract of FIRST PARTY to serve
pressure Level 3.
DATED this day of g¢p•(-2mSe2_ , 1991.
T PARTY:
DATED this day of
SECOND PARTY:
CITY OF BEND:
ce Patterson, City Manager
q�\lapel\e9ce9\�w113or.egr
teVlaed 9/19/91
Page 3. Agreement - Miller/City of Bend
, 1991.
Exhibit 1 - Order 2016-934 - 9 of 14
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Bcn F
Project Designer
PACIFIC
155 N.B. Revere
Bend, Oregon 97701
August 20, 1991
Mr. William Miller
Miller Lumber
1. N.E. Greenwood
Bend, OR 97701
Re: City of Bend
Chlorination Facility Site
567-0303
Dear Bill:
245 2785
Because of the steep grades along the existing waterline and access easement, the City of Bcnd
respectfully requests a temporary construction access easement to provide contractors with an alternative
access to the chlorination facility.
The proposed alternate construction access follows the exlsUng cinder, pumice, and din haul roads.
(See attached figure.) The alternate construction access would be In usc through February of 1992, when
construction Is anticipated to by completed, Unless this temporary casement Is extended by mutual
agreement, it shall automatically terminate on March 1, 1992.
Specifications within the City of Bend contract documents, require the contractor to maintain
existing roads, and apply water to control dust. The specifications also require the contractor to restore
the construction access to its original condition.
With your approval, the City of Bend will utilize the construction access to provide contractors
with an altcmatc access to insure competitive bids. If these conditions are acceptable, please designate
your approval by signing on the line provided below.
Thank you again for your assistance with the completion of this City of Bend project.
Sincerely yours,
W & H Pacific
Added by Bill Miller:
Please caution city vehicles and equipment along with contractor
vehicles and equipment to proceed with utmost caution. We
frequently have slow moving vehicles, trucks, and equipment
moving on these roads and ao parked in roadway. We are
ting our personnel.
P. 5. Please keep working Wi
on securing access from
USFS.
(503) 386-4255 Fax (503) 388-4229 Planning • Engineering . Surveying . Landscape Archileclure • Environmental Services
1-
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Exhibit 1 - Order 2016-034 - 10 of 14
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Exhibit 1 - Order 2016-034 - 11 of 14
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CITY OF BEND
245 '" 2787
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APPROVED BYt
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Exhibit 1 - Order 2016-034 - 12 of 14
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245 - 2788
STATE OF OREGON )
COUNTY Of DESCHUTES)
I, MARY SUE PENBOLLOW, COUNTS CLERK AND
RECORDER OF CONVEYANCES, 01 AND FOR SAID
CONEY, 00 RIMY CERTIFY NAY THE WITHIN
INSTRUMENT WAS RECORDED THH DAY:
91 SEP 26 All 46
MARYOUNTY CLERK SUE 04,
BY. / .Lief/I DEPUTY
91- $j1°
DESCNUTES COUNTY OFFICIAL RECORDS
Exhibit 1 - Order 2016-034 - 13 of 14
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2-6 84.28 AC /
62051-16 35.36 AC
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Exhibit 1 - Order 2016-034 - 14 of 14