2016-436-Order No. 2016-037 Recorded 9/16/2016COUNTY
NANCY DESCHUTES
CLERKS �rI 2016'��6
R%XIEWED COMMISSIONERS' JOURNAL 09116/2016 10;16;19 AM
LEGAL COUNSEL IIIIIIIIII�IIIIIIIIIIIIIIIII III
2016 -436
1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving The Tree Farm LLC
Annexation into the Bend Park & Recreation * ORDER NO. 2016-037
District
WHEREAS, a petition by The Tree Farm LLC requesting annexation of territory into the
Bend Park & Recreation District ( "District ") was duly filed with the Deschutes County Board of
County Commissioners ( "Board ") on or about June 1, 2016; and
WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition
was signed by the real property owner within the area to be annexed; and
WHEREAS, the Board held a public hearing on September 14, 2016, to hear the petition
and any objections thereto, and to determine whether, in accordance with the Comprehensive
Plan, applicable Land Conservation and Development Goals and the criteria prescribed by
ORS 199.462 and 197.175, the affected area would benefit by annexations of said territory
into the District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, HEREBY ORDAINS as follows:
Section 1. That The Tree Farm LLC petition for annexation into the District attached to
and referenced in Order No. 2016 -034 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 Annexation and as set
forth, shall be known as the "Tree Farm Annexation."
Section 3. That the applicable land use criteria pertinent to the proposed Annexation, 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 Tree Farm Annexation is declared to be
annexed into the District as of the date of this Order.
Section 5. That after signature, the Legal Counsel shall forward a copy of this Order to
the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes
County Assessor's Office and County Clerk's Office, and the District.
PAGE 1 OF 2 — ORDER NO. 2016 -037
Section 6. The purpose of this District is to provide park and recreation services within
the District.
Dated this �7 day of September, 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Page 2 of 2 - ORDER NO. 2016-037
ALAN UNGER, CHAIR
TAMMY BANEY, VIE HAIR
Al
ANTHONY DEBONE, COMMISSIONER
DeyTech Enaineerfna lnc.
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 I1 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
5 CTION 27 TOWNSHIP 17 SOUTH RANGE 11 EAST WILLAMETTE MERIDIAN:
THAT PORTION OF THE SOUTHEAST QUARTER (SE1 /4) OF THE SOUTHEAST QUARTER (SE1 /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 33 I, RECORDS OF DESCHUTES COUNTY,
OREGON;
SECTION 34 TOWNSHIP 17 SOUTH RANGE l I EAST WILLAMETTE MERIDIAN:
THAT PORTION OF THE NORTHEAST QUARTER (NE 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;
THE SOUTHEAST QUARTER (SE 1 /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 IN BOOK 30, PAGE 331, RECORDS OF DESCHUTES COUNTY, OREGON,
- - - -- - - - -- ALSO - EXCEPTING- -T- HEREFROMj THAT - TRACT -OF- -LAND- DESCRIBED IN THAT DEED T_O__THE CITY
OF BEND, FILED SEPTEMBER 26, 1991 AS INSTRUMENT NO. 9.1-285 10, 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.
REGISTERED
PROFESSIONAL
'* JULY 20.2009
SCOTr C. 13OLDUC
rNPIRES:
TF BP &RD Annex Legal.doc Page 1 of I May 26, 2016
3052 NW Merchant Way, Suite 107 Bend, OR 97703 ■ P: (541) 317 -8429
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1" =1000'
6300
EXHIBIT 'B'
PORTION OF ASSESSOR'S
MAP 17 11 00
SEE MAP 1811
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ANNEXED TERRITORY
TREE FARM
BPRD ANNEXATION
EXHIBIT
DevTech Engineering Inc.
Site Planning • Civil Engineering
Land Surveying
3052 NW MERCHANT WAY, STE 107
Bend, OR 97703
Phone: (541) 317 -8429
P,O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708 -6005
(541)388 -6575 FAX(541)385 -1764
http://www,co.deschutes.or.us/cdd/
MEMORANDUM
DATE: August 12, 2016
TO: Board of County Commissioners
FROM: Peter Gutowsky, Planning Manager
RE: Land Use Compatibility / Bend Parks and Recreation District
The materials contained in Order 2016 -034 are consistent with Title 18, Deschutes County
Zoning Ordinance, and Title 23, Deschutes County Comprehensive Plan. There are no local
land use regulations or policies that specifically address the Bend Parks and Recreation District
and annexation.'
' Policy 3.6.1 "encourages the formation of special service districts to serve rural needs rather than have the County
serve those needs." Policy 3.8.1 recognizes the importance to 'cooperate with public agencies and local park districts
to provide park and recreation lands, facilities and opportunities."
Quality Services Performed with Pride