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2017-890-Order No. 2017-048 Recorded 12/21/2017Recorded in Deschutes County CJ2017-890 Nancy Blankenship, County Clerk Commissioners' ,journal 12/21/2017 11:08:13 AM '!'` ".+ ( IIII'IIIIIIIIIIIIIIII IIII IIIII l� V I ;WED 2017-890 r.sE(G,u, COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Larry Kine Annexation into Laidlaw Water District * ORDE.R NO. 2017-048 WHEREAS, a petition by Larry Kine requesting annexation of property into Laidlaw Water District ("District") was duly accepted by the Deschutes County Board of County Commissioners ("Board") on November 29, 2017; and WIFEREAS, the Deschutes County Assessor's Office verified that the petition was signed by a sufficient number of real property owners within the area to be annexed; and WHEREAS, the Board held a public hearing on December 18, 2017, to determine whether, in accordance with the County Comprehensive Plan and County "Zoning and the criteria prescribed by ORS 197.175 and 198.850, the affected area would benefit by annexation of said territory into the District, and there being no objections presented at the hearing; now, therefore T14E BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. The Petition for Annexation referenced in Order No. 2017-047 is hereby incorporated by reference. Section 2. The property identified in Order No. 2017-047 and Exhibits A & B attached to this Order is annexed and included in the District. Section 3. The annexation meets the applicable County zoning and County Comprehensive flan criteria described in Exhibit "C," attached hereto and by this reference incorporated herein. Section 4. A copy of the signed Order will be forwarded to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office and County Clerk's Office, and the Laidlaw Water District. Section 5. The purpose of this District is to provide water service to custorners in its service area. #LU58RTP20D1G26vl Dated this day of" ti101:7, ect5r ing Secretary PAGE 2 OF 2- ORDER NO. 2017-048 #LU58RTP20D1G26v1 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMYA , Y, CI IR — ---dd .......:............��._..._....W......_....._.._�......-...........,::w_�������,.....�........... ANTHONY DEBONE, VICE CHAIR PHILIP G. H NDERSON, COMMISSIONER EXHIBIT "A" LEGAL DESCRIPTION Lots 1 and 2 in Block 34 and Lots 9, 10, 11 and 12 in Block 35 of LAIDLAW, recorded August I, 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 corner 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 000 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 400 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 891 5755" 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 comer 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. Board Order 2017-048 - Exhibit G I 2 0-4 Community Development Department Planning Division Building Safety Division Environinpoial Sails Division a P 0, Box 6005 117 BIW Lafayette Avenue Send, Oregon 97708-60105 (541)338-6575 FAX (541)385-1764 htti)://www,co,deschuteS.or.us/cdd/ MEMORANDUM DATE: November 29, 2017 TO: Board of County Commissioners FROM: Peter Gutowsky, AICP, Planning Manager RE: Land Use Compatibility / Kine Petition for Annexation into Laidlaw Water District The materials contained in Order 2017-047 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 Laidlaw Water 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." #M5BGAD88OD18JOv1 Board Order 2017-048 -Exhibit C Quality Services Performed with. Pride Deschutes County Property Information - Dial Water Tax District Map for account 133550 Map and Taxlot: 161231D000501 w ' Map and Taxlot: 161231D000501 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 December 18, 2017 DATE: December 1, 2017 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: PUBLIC HEARING: Consideration of Signature on Order 2017-048, Approving the Petition for Annexation into Laidlaw Water District. RECOMMENDATION & ACTION REQUESTED: Approval of Order No. 2017-048. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: Larry Kine submitted a petition seeking annexation of +/- 6.36 acres into Laidlaw Water District. The District has approved this petition. The Board of County Commissioners signed Order No. 2017-047 setting the Public Hearing for December 18, 2017. All requirements set forth in Order 2017-047 have been met. Attached is a memo from Peter Gutowsky, Deschutes County Planning Manager, stating his opinion that the annexation is consistent with the County's Zoning Ordinance and Comprehensive Plan. 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. DISTRIBUTION OF DOCUMENTS: Legal Department. Because these are time -sensitive, please provide the documents to the Legal Department as soon as they are signed.