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2017-820-Order No. 2017-047 Recorded 12/4/2017Recorded in Deschutes County CJ2017-820 Nancy Blankenship, County Clerk Commissioners' Journal 12/05/2017 2:43:59 PM REVIEWED 2017-820 LEGA., COUNT, : For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Setting Date for Public Hearing for Petition for Annexation into Laidlaw Water District ORDER NO. 2017-047 WHEREAS, the owner of land in Deschutes County submitted a petition to the Deschutes County Board of County Commissioners ("Board") pursuant to ORS 198.857, requesting annexation of that land into the Laidlaw Water District; and WHEREAS, the Assessor's Office certified the petition for filing on November 8, 2017 and it satisfies the requirements for filing set forth in ORS 198.857; and WHEREAS, ORS 198.857(3) requires the county Board to set a date for a public hearing on the petition no sooner than 20 days and no later than 50 days from the date of certification; and, WHEREAS, ORS 198.800 requires notice of the hearing to be given via posting in a public place and by publication; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. The petition for annexation of property into Laidlaw Water District, a copy of which is attached hereto as Exhibit "1" and incorporated by reference, is accepted. Section 2. A public hearing on the petition shall be held on December 18, 2017, at 10:00 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. In accordance with ORS 198.800 notice will be published in The Bulletin on two (2) occasions, and posted in three (3) public locations within the county. Notices shall be posted for not less than five (5) consecutive days. Written notice of the hearing shall be given pursuant to ORS 198.857. Section 4. The Deschutes County Community Development Department shall cause to be filed prior to December 18, 2017, a statement regarding (a) whether this proposed special district annexation is consistent with County Zoning Ordinances and the County's Comprehensive Plan, and (b) any service agreement between a local government and the affected district. PAGE 1 OF 2- ORDER NO. 2017-047 #M7XJRJ450D1 C4Pvl Dated this 24 of November, 2017 ATTEST-.,- Recording TTEST:Recording SecretaryR _ PAGE 2 OF 2- ORDER NO. 2017-047 #M7XJRJ450DIC4Pv1 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON (4ftivl�' TAMM A EY, C IR ANTHONY DeBONE, VICE C R I v PHILIP G. H DERS N, COMMISSIONER LILEITiON TO AN EX PROP R7TO (Name of District) To: 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 198.850 to 198.859 on /I /I Jr? (date) and Petitioners reques the Board mm ae proc ins to annex the errito described herein into rad t,t W� n ;�¢r-�� (name of district), Deschutes County, Oregon. 2. T 's Peti ion fo Annexation affects only Deschutes County and A O YL (namf district) a id is not in any incorporated city limits. 3. The Board of (Jl) to fL ►c- (name of district) approved the petition pursuant to ORS 198.850 on _ -� (insert date). r 4. The principal act for I I W,18. (name of district) is ORS (Proper statutory reference required, see ORS 198,010 for listing of appropriate principal act) =uninhabVited� 5. The territory subject to this Petition for Annexation is primarily inhabited circie one). This petition is signed by land owners and/or registered voters in the area proposed to be annexed as indicaed opposite their respective signature, and all signatures were obtained on or after the QP T • 31 day of, 20,-j_'( 6. The property street address(es) of land for annexation (if known) is/are 19W O In 2 1:1 i o t and the total acreage is :% i p .1�, to act" A description of the boundaries of the territory to be annexed is atta he ed hereto as Exhibit "A" and depicted on the map attached as Exhibit "B", 7. This Petition has been signed by at least 15 percent of the electors, or 100 electors whichever number is lesser, registered in the area proposed to be annexed; or at least 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. 8. A security deposit form and payment is attached to this petition. 4d,tidayof , 20�7by�fZ?y tAt Chief Petitioner(s). re ,/ > f � _ Address, City, State, ZIP 11 L1; M 9-17(3 DATED this day of c'-6) ,20 1 Approvep by th Board of ate tDistnct (R istrict Signature _ By: hca \cI (A - (Print Name) }i Title: DATED this _ day of ,20_ Approved by City of City Signature By: (Print Name) Title: rev 09/16 Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; lcgalcounsel@dcschutes.org Page 1 of 5 - EXHIBIT 1" - ORDER NO. 2017-047 EXHIBIT "A" LEGAL DESCRIPTION Lots I and 2 in Block 34 and Lots 9, 10, 11 and 12 in Block 35 of LAIDLAW, recorded August 1, 1918 in Cabinet A, Page 38, Deschutes County, Oregon. EXCEPTING THEREFROM that portion deeded to Deschutes County, a political subdivision of the State of Oregon, by instrument Recorded February 6, 2002, Instrument No. 2002-07266. TOGETHER WITH those portions of the vacated alleys and streets inuring thereto Blocks 27, 28, 34 and 35. ALSO TOGETHER WITH a portion of Blocks 35, 36 and 37 and the vacated alleys and streets vested in said Blocks 35,36 and 37 of the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows; Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the pavement of Bailey Road monumenting the northwest comer of Lot 1, Block 36 of the plat of Laidlaw, the Point of Beginning; thence along the south right-of-way line of 8th Street N 89° 58'34" E a distance of 405.23 feet to the #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the intersection of said south right-of-way line with the centerline of the vacated alley in Block 35; thence leaving said south right-of-way line and along said alley centerline S 00° 04' 18" E a distance of 166.47 feet; thence leaving said alley centerline S 61° 05'34" W a distance of 7.80 feet; thence 457.83 feet along the arc of a curve to the left with a radius of 640.00 feet and a long chord which bears S 40° 35'57" W 448.13 to the prolongation of the south line of Lot 3, Block 37; thence along said south line S 89° 57'55" W a distance of 1.23 feet to a #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the southeast corner of said Lot 3, Block 37; thence continuing along said south line S 89° 57' 55" W a distance of 105.13 feet to the east right-of-way line of Strickler Avenue; thence leaving said south line and along said east right-of-way line N 00° 04' 14" W a distance of 179.95 feet to a #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the intersection of said east right-of-way line with the centerline of vacated 9th Street; thence leaving said east right-of-way line and along said vacated street centerline N 89° 56' 15" E a distance of 115.06 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the intersection of said vacated street centerline with the centerline of the vacated alley in Block 36; thence leaving said vacated street centerline and along said alley centerline N 00° 04'06" W a distance of 80.00 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the intersection of said alley centerline with the prolongation of the north line of Lot 6, Block 36; thence leaving said alley centerline and along said north line S 89° 58' 14" W a distance of 115.06 feet to a #5 rebar with an aluminum cap stamped LS2390 monumenting the northwest corner of said Lot 6, Block 36; thence along the east right-of-way line of Strickler Avenue N 00° 04' 14" W a distance of 250.37 feet to the Point of Beginning. ALSO TOGETHER WITH that portion of that portion vacated by instrument recorded March 28, 2002, Instrument No. 2002-17234. Page 2 of 5 - EXHIBIT "'I - ORDER NO. 2017-047 c7; m5 lbZi i ti ti _ ZZ4 dUZ Eel d�� Zll �£'00� �Z 99co to IM3An .8 g 09 0 09 ' 0 109 I I I ui ui r cV I I I ON ct G+7 a- d tC} VI) -I QP7 GMp�•� tf1 NGC? N N N N — N R GTS Z I Wr V ,o J Ac ez 09 —� lF tl Ft l Cle p 0 O N 0 z af w 0 O F m x w 0 M N CA m d Security Deposit for Special District Formation or Reorganization SEL 704 rev 01/14 ORS 196.775 ❑ Formation Annexation ❑ Withdrawal ❑ Dissolution District and Precinct Information Name of District o�At� A L Y, Number of Precincts in District Amount of D posit per Precinct Total Deposi (max of $10,000) IDC) I/v) jK Chief Petitioners Signature I/We ereby declare if the costs of t e attem ted for ation nnexation, withdrawal or dissolution of i U /j �f r,1 G � district exceeds the deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS8.775) Kind of Contribution' ❑ Cash ❑ Bond Name print j / Signature 1 / I Ule 1—�--� / Me, -AL �. Residence Mallin ddre if different Residence Mailing Address if different Ci State Zip Code Cl State Zip Code b d I Kind of Contribution" ❑ Cash I ❑ Bond O Amount of Contrition/Value of Secured Deposit Kind of Ca ribution* V � 0 Cas �-NC4k ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution' ❑ Cash ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State I Zip Code City State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution" ❑ Cash I ❑ Bond ❑ Other Security Deposit Continued on the reverse side of this form SEL 704 Page 4 of 5 - EXHIBIT "l " - ORDER NO. 2017-047 ,awiv A"inp s3uidx3 r'O'GGUNINOO AW aroZOWONNOISGIINIM,00 ajtdxj. UOISSIWWOD Aw t ofto joj oilqna Xmolq NOV386-onend At -1 IF7717 7" :01tilaual oiuisaid Xto tit uu3m Nv3r v(:iiqi-- 2 -0 ° > dINVIS 1VIOIAJO O at 1w, I 1 F-57 1 FA- ajtdxj. UOISSIWWOD Aw t ofto joj oilqna Xmolq . p, am aiojoq "otAS umv aamassnS /Toz, /,iq 417,1/17y JoAup— —/sn H17 od' l cl—jo Mels VII--P)Tnwq- jo AunoD 7" :01tilaual oiuisaid Xto tit lian os p!p uoi uW spp paA�is oqtA uo&tad fj*Aa pun *uoqtlad sitp1 2 -0 ° > '54 �II $°83 X11&Il rollll 0 II glgl n �II Z 3 �1-1 z -II! Z gl� trl%°� z 04 z 0 z 04 z 43 4. t—I 4. IV, w 0 W cn On Ul U u 0 0 C) ZI E z z z i6 O L --------------- j 1 C14 J.M NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON On December 18, 2017, at 10:00 a.m., the Deschutes County Board of Commissioners will hold a public hearing to consider a petition filed by Larry Kine for annexation of property into the Laidlaw Water 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 +/- 6.36 acres and is located at 64619 U.S. Highway 20 in Deschutes County. To view maps and legal descriptions of the boundaries of the proposed annexation, contact the Deschutes County Counsel's Office at 541-388-6622. The purpose of the proposed annexation is to include this land into the district boundaries to enable it to receive district services. 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 Sharon.ross@deschutes.org. PAGE 1 of 1 - EXHIBIT 112" - ORDER No. 2017-047 #M6MWSP5QOD19VLvl Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of November 29, 2017 DATE: November 15, 2017 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: Consideration and Approval of Order 2017-047, Accepting a Petition and Setting a Public Hearing Date for Annexation of Land into Laidlaw Water District. RECOMMENDATION & ACTION REQUESTED: Motion. Approval and signature of Order 2017-047 BACKGROUND AND POLICY IMPLICATIONS: On November 1, 2017, Larry Kine submitted a petition to annex property at 64619 U.S. Highway 20 into the Laidlaw Water District. The District Board has approved the petition for annexation. The Assessor's Office certified the petition on November 8, 2017 and it satisfies the requirements for filing under ORS 198.857. Pursuant to ORS 198.857(3) the Board must set a date for a public hearing. Attached is Order No. 2017-047 setting the hearing for December 18, 2017. FISCAL IMPLICATIONS: The County provides all the staff costs for all special district formations and boundaries changes. For district formations and other boundary changes that are approved, the County bills the district for the publication costs. For those that are not approved, the County bills the chief petitioners. ATTENDANCE: David Doyle, Legal DISTRIBUTION OF DOCUMENTS: Legal Department. Because these are time -sensitive, please provide the documents to the Legal Department as soon as they are signed.