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2018-54-Order No. 2018-006 Recorded 2/8/2018Recorded in Deschutes County CJ2018-54 Nancy Blankenship, County Clerk Commissioners' Journal 02/08/2018 1:13:59 PM 1100111111111111111111111111 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Amended Order Approving Larry Kine Annexation into Laidlaw Water District * * ORDER NO. 2018-006 WHEREAS, a petition by Larry Kine requesting annexation of property into Laidlaw Water District ("District") was duly approved by the Deschutes County Board of County Commissioners ("Board") on December 18, 2017 as Order 2017-048; and WHEREAS, 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; and WHEREAS, the Oregon Department of Revenue in its final approval process after Order 2017- 048 was approved requested a clearer version of the annexation map with distances and bearings and a revised legal description with these markings more clearly identified; now therefore THE BOARD OF COUNTY COMMISSIONERS OF' DESCHUTES COUNTY, OREGON, HEREBY APPROVES THIS ORDER TO AMEND ORDER 2017-048 AND 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. 2017-048 and amended 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 Plan 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. NH Ki PAW.) 9/v1 Section,5. The purpose of this District is to provide water service to customers in its service area. Dated this .2 ?day QItq.10 it. Recording Secretary PAGE 2 OF 2- ORDER NO. 2018-006 #NFIKKBPAOD1B9Zv1 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR PHILIP 0, H ERL ON, VICE CHAT TAMMY BANEY, C MISSIONER. EXHIBIT ' A " Laidlaw Annex A parcel of land in the 1904 Plat of Laidlaw located in the West Half (1/2) of the East Half (1/2) of Section Thirty -One (31), Township Sixteen (16) South, Range Twelve (12) East, Willamette Meridian, Deschutes County, Oregon, said parcel being more particularly described as follows: Commencing at the Northwest corner of Lot 1, Block 36, of said Plat of Laidlaw, thence along the North Line of said Lot 1 to the point of intersection of the North line of said Lot 1 and the East Right -Of -Way of Bailey Road North 89°58'34" East 37.68 feet to the TRUE POINT OF BEGINNING; thence leaving said North Line North 06°09'46" West 30.21 feet to a point on the centerline of 8th Street Vacated in Volume 2001, Page 45844 Deschutes County Official Records; thence along said centerline North 89°58'34" East 561.32 feet to a point on the West Right - Of -Way of Highway 20; thence leaving said centerline and along said West Right -Of -Way South 28°23'56" East 34.08 feet; and South 28°23'21" East 35.44 feet to a point on the North Right -Of -Way of O. B. Riley road; thence leaving said West Highway 20 Right -Of -Way along said North Right -Of -Way of O. B. Riley Right -Of -Way the following courses: South 45°20'56" West 38.84 feet, and South 61°05'34" West 231.40 feet, and 457.83 feet along the arc of a 640.00 foot radius curve to the left, the chord of which bears South 40°35'58" West 448.13 feet; thence leaving said North Right -Of -Way South 89°57'55" West 1.23 feet to the Southwest corner of Lot 3, Block 37; thence along the South line of said Lot 3 South 89°57'55" West 71.30 feet to a point on the East Right -Of -Way of said Bailey Road; thence leaving said South line and along said East Right -Of - Way North 04°52'27" East 149.67 feet; and 30.94 feet along the arc of a 1586.15 foot radius curve to the left, the chord of which bears North 04°18'55" East 30.94 feet to the intersection of the centerline of vacated 9th Street and said East Right -Of -Way; thence leaving said East Right -Of - Way along said 9th Street centerline North 89°56'15" East 65.96 feet to the intersection of said 9th Street and vacated alley; thence leaving said centerline of 9th Street along said alley centerline North 00°04'06" West 80.00 feet to a point on the Easterly extension of Lot 6, Block 36, said Plat of Laidlaw; thence leaving said alley centerline South 89°58'14" West 10.00 feet to the Northeast corner of said Lot 6; thence along the North line of said Lot 6 South 89°58'14" West 52.64 feet to the East Right -Of - Way of said Bailey Road; thence leaving said North line along said East Right -Of -Way 194.44 feet along the arc of a 1586.15 foot radius curve to the left, the chord of which bears North 02°38'58" West 194.32 feet; and North 06°09'46" West 56.53 feet to the TRUE POINT OF BEGINNING containing 3.53 acres, more or less. Sun Country Engineering & Surveying, Inc. Laidlaw -annex -legal Exhibit A - Order 2018-006 0 0 w J f N89°56'15"E 65.96' 1 "EXHIBIT B" 1 t )WN61 ! 1: OF LAIDLAW BLOCK 26 i( --- EXISTING LAIDLAW DISTRICT BOUNDARY c POINT OF BEGINt•'ING TRUE POINT (5F BEGINNING 1 N89°58'34'E 561.32'1 9 OD AVENUE 180h Mf 1 ;VP.t:1411: I) ) 1 N6°09'46"W 30.21' 1 12 N89°58'34,:"'E 37.68'1 NO6°09'46"W 56.53'1 �� Is , tti IC13 IOWNSI I E Q5 LAIDI AW 1.11066 31) S89°5814"W 62.64' c; I C12 c:> i!-1NthS11i= O1 OF LAIDLAW rte- 1'5L066 1/ ur 1, 1! ra LAIDLAW WATER DISTRICT ANNEXATION MAP LOCATED IN: SE 1/4 OF SECTION 31, TOWNSHIP 16 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY OREGON. TAXLOT 501 BOUNDARY 134,301K 34 2 EXISTING LAIDLAW DISTRICT BOUNDARY 615 91 r42F1' (VA{.:111,}hi) 0 TOWNSITE OF I.AIDLAW F.31. ()CK 35 S28°23'56"E 34,08' S28°23'21"E 35.44' EDI o. S89"57`55"W 1.23' 1 S89°57'55"W 71.30' j Or L,Su:1.AV! 111 ('10(5 ad S45"20'56"E 38.84' } ' LEGEND EXISTING LAIDLAW WATER BOUNDARY 14tOPOSED ANNEXATION OF LAO,LAW WATER BOUNDARY EXISTING TOWNSITE OF LAIDLAW LOTS EXISTING TAXLOT 501 BOUNDARY CURVE TABLE CURVE RADIUS LE NGTHICHORD BEARING 1 DELTA C11/ 640.00 457.831 448.13 S40°35'58"W 1 40°59'13" 1 C12' 11586.15 30.941 30.94 N04°18'55"E 1 1°07'04" 1 C13 11586.15 194.441 194,32 NO2°38'58"W 1 7°01'25" 1 50' 100' 200' lumeThomememillimms SCALE: 1" = 100' SCALE 1"=100' 1 DATE 1/8/2018 I LAIDLAW ANNEXATION MAP 1 DRAWN BY SCE 1 ORDER NO. 8442 SUN COUNTRY ENGINEERING & SURVEYING, INC. 920 SE ARMOUR ROAD BEND, OREGON 97702 PHONE 382-8882 Exhibit B - Order 2018-006 Community Development Department Planning Division Building ouftfyDivision Environmental Soils Division P.[>Box 0OU5 117 NW Ltiyefte Avenue Bend, Oregon 87708'60O5 (541)388-6575 FAX (541)385-1764 http://www.cn.doochutcs.ur.00yu1d/ 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.' 1 Policy 3.6.1 the formation of special service districts to serve rural needs rather than have the County Quality Services Pe ( med with Pride Exhibit C - Order 2018-006 VES 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 January 29, 2018 DATE: January 23, 2018 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order 2018-006, Amending Order 2017-048 Approval of the Petition for Annexation into Laidlaw Water District RECOMMENDATION & ACTION REQUESTED: Motion: Approval of Order No. 2018-006 as described herein. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners approved Order 2017-048 on December 18, 2017 annexing +/- 6.36 acres owned by Larry Kine into Laidlaw Water District. Pursuant to ORS 308.225 County Legal Counsel submitted the order to the Oregon Department of Revenue (DOR) for final approval. In its review DOR requested a more clearer copy of the map with distances and bearings included and a revised legal description more clearly identifying these changes. The property boundary and substance of the petition approved in Order 2017-048 did not change as a result of these DOR mapping requirements. Order 2018-006 includes new exhibits A - map & B - legal description as amendments to ❑ ❑ 2017-048. FISCAL IMPLICATIONS: None 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.