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2020-309-Order No. 2020-015 Recorded 8/20/2020Recorded in Deschutes County GJ2020_309 Nancy Blankenship, County Clerk 0 Commissioners' Journal 8/20l2020 3:51:10 PM REVIEWED •' � �C\��,'Cf5 ��(/� II'II�IIII"II'IIIIII'll� III III LEGAL COUNSEL p 2020-309 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving annexation into Crooked River Ranch Special Road District * ORDER NO. 2020-015 WHEREAS, Crooked River Ranch Special Road District ("District") submitted a signed resolution initiating annexation of NW Quail Road, identified in Exhibit A attached to this Order, into the District; and WHEREAS, the U.S. Bureau of Land Management ("BLM") as manager of the underlying public land that is proposed to be annexed has no issue with the proposed annexation, as explained in its letter attached to this Order as Exhibit B; and WHEREAS, pursuant to ORS 198.857(4), the Deschutes County Community Development Department determined the annexation is consistent with the County Comprehensive Plan, as described in Exhibit C in the petition attached to this Order; and WHEREAS, the Board held a duly noticed public hearing on August 19, 2020, to determine whether, in accordance with the County Comprehensive Plan, any applicable service agreement between a local government and the affected district, and the criteria prescribed by ORS 197.175, the affected area would benefit by annexation of said territory into the District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. The resolution initiating annexation and all exhibits attached to this Order are hereby incorporated by reference. Section 2. The resolution initiating annexation is hereby approved, and the property identified in Exhibit A & B is declared annexed and included in the District. Section 3. 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 District. Section 3. The purpose of this District is to provide road services. PAGE 1 OF 2- ORDER NO. 2020-015 Dated this ) I day of 0�,2020. ATTES . ording e et ry PAGE 2 OF 2- ORDER NO. 2020-015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHILIP G. HENDERSON, COMMISSIONER EXHIBIT A RESOLUTION NO.2020-21 #2 A RESOLUTION OF THE CROOKED RIVER RANCH SPECIAL ROAD DISTRICT INITIATING ANNEXATION OF A PORTION OF QUAIL ROAD INTO THE DISTRICT. WHEREAS, the Crooked River Ranch Special Road District (the "District") is a special district formed under the provisions of ORS Chapter 371; and WHEREAS, in conjunction with Deschutes County, the Bureau of Land Management ("BLM"), and other partners, District secured a secondary access to the unincorporated community commonly known as Crooked River Ranch by realigning a portion of NW Quail Rd. within Deschutes County through federal property managed by the BLM; and WHEREAS, the realigned portion of NW Quail Rd. is not subject to maintenance by Deschutes County and is not located within the jurisdictional boundaries of the District; and WHEREAS, the BLM consents to the inclusion of the realigned portion of NW Quail Rd. into the District; and WHEREAS, pursuant to ORS 198.850(3), District may initiate proceedings, to be conducted by the applicable county government, to annex land into the District by a resolution of the District's Board of Directors; and WHEREAS, the Board of Directors finds that it is in the District's best interest to annex that portion of NW Quail Rd. described in the attached Exhibit A (the "Annexed Land") to allow for its maintenance and management by the District. NOW, THEREFORE, the Board of Directors hereby resolves as follows: 1. Findings The above -stated findings contained in this Resolution No. 2020-21 #2 (this "Resolution") are hereby adopted. 2. Authorization of Annexation; Initiation of Proceedings. The District hereby authorizes annexation of the Annexed Land and hereby initiates proceedings before Deschutes County to annex the Annexed Land into the District. 3. ORS 198.835. The following information is provided in accordance with ORS 198.835 a. It is the intention of the Board of Directors to initiate annexation of the Annexed Lands into the District, a special road district formed under ORS Chapter 371. b. The name of the District is Crooked River Special Road District. c. The boundaries of the District will be expanded to include the Annexed Land. d. The public hearing for the proposed annexation will be conducted on August 19, 2020 at 10:00 at the Deschutes County Service Building, 1300 NW Wall Street, Bend, OR 97703. e. No portion of the Annexed Land is located within a city. 4. Authorization. The District Chair is authorized to execute such instruments and to take such other actions as may be reasonably necessary to effectuate the purposes of this Resolution. 1- RESOLUTION NO. 2020-21 #2 AM : Its S. Effective Date of Annexation. The annexation will be effective upon Deschutes County issuing an order annexing the Annexed Land into the District. 6. Miscellaneous. The provisions of this Resolution are severable. If any section, subsection, sentence, clause, and/or portion of this Resolution is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (b) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this Resolution. This Resolution will become effective thirty (30) days after its passage by the Board of Directors. ADOPTED by the Board of Directors of the District on this �—Oth day of July, 2020. Su Haley District Chair Attest: John Williams r Secretary 2 - RESOLUTION NO.2020-21 #2 04 oa �_ Y $ $ LO $ w. m jaV�m O- .6S'LBZ r a 3 9S,Lf.15 - 1315.06' 2630.11' p N O18'47' W N 0'13'57' E 2630.77' N c o m O N O_ yE Z 0 0 O N � OO.2 a � li n s a W 22 W S p ��yy1 60 �w LLO � 2 �di Spyp J0 ma a 0 c as a a a z .�� z\ ¢ UNaw OF d d d ry \u 3 d dU¢u rv� Ny n n p�m Z „� dl U o � m_ �C N O'18'02' W 2631.77 N O'!3'57' E '630.77 K N W m" M.6f.fiLAl Ste_ 03m ~ Z e w z w w w U we o 2 2 i Z UNf- Ny�jQ¢ 12. ¢ z F i g O 3Q oa �-wZ zz "N v1�w�w Z, $m Nz 2Fz wu ��u� gn m�wzwi wzi. 3r �aZUz wiwz m2T5n i' Q ZJ w• €4 Ou�iU��€U�€���ZWw < j � - m��dm� _� I 00� 30 O J - wow �"wl."�LL�wU0. w� z�¢ �'z� I F�K �i €m ���m �$.$� A�N�SLL '3 } �i�mq m.4 Iovi _ ado oo_ _�gnw� n a�F a S o j Z. w� I o1�im . pdn woz zffzx�� ¢�o$ N :w o Qdn¢0 w R 1 a�w orc`�Mfa msm ¢'o a�a''o �ma�am¢«'i5� orc`�ha�zN om w d� mU ww �o��m¢ ¢¢�€�� �iou?mmm� m o m �5 m mp§�w aS�flz„� rm�wrN m 1, rc'bm aK0 z �i�ay�a O=~o3 cTS���c�i�2iizicrSam� ~ rv¢o���i �z Uao Z m=«, I 3 o Z 0o a wNa��nn�a i _ gL„gf<"g gy„da ,nmW���Na��,���am��owNozz wNaN m N �mU�k nHm��ES Ewa ¢m w w �cw,�YJ •- LLmLLLLou���� m mF J U iNw N - �rcz w a mmFm�[w> iz2zoeQio ?gW¢ �¢��annclnN�mnrvan34wtUi z.�z wmFT mOU<Nm rm W rv��v6'i $' xN g8�nin $ S&ate HT op United States Department of the Interior ti BUREAU OF LAND MANAGEMENT Prineville District Office �, 4 -a9 3050 NE 3`d Street ggCH 3 1a Prineville, Oregon 97754 MAR - 4 2020 In Reply Refer To: OROR 049222 Deschutes County Board of County Commissioners c/o Pauline Word, Paralegal P.O. Box 6005 Bend, OR 97708-6005 Via: Email Only(Pau line.Word*deschutes.org) Re: BLM Consent -to Annexation of NW Quail Road into Crooked River Ranch Special Road District Dear Board of County Commissioners: u.�. o�o�arµtrrt orm� wmw� w�wauw ueow.wr The Bureau of Land Management, Prineville District, Deschutes Field Office (BLM) has reviewed the proposal by the Crooked River Ranch Special Road District (the "District") to annex the portion of NW Quail Road depicted and described on the enclosed map into the District. The BLM, as the manager of the underlying public land, has no issue with the proposed annexation. We do not feel it will impact or change our agency's ability to continue the manage the public lands appropriately and thus are in support of whatever decision regarding annexation is made. If you have any further questions please feel free to contact me at (541) 416-6766 or via email at ihkitche &blm.jov. Sincerely, Jeff Kitchens Field Manager, Deschutes Field Office Enclosure �S 8 m $ g$ oa ll 1 EXHIBIT C TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager DATE: July 31, 2020 SUBJECT: Land Use Compatibility / Crooked River Ranch Special Road District The materials contained in the Crooked River Ranch Special Road District resolution 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 Crooked River Ranch Special Road District and annexation.' 1 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." A E S Co 2 o 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 BOCC Wednesday Meeting of August 19, 2020 DATE: July 31, 2020 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: PUBLIC HEARING and Consideration of Order No. 2020-015 Approving Annexation into Crooked River Ranch Special Road District RECOMMENDATION & ACTION REQUESTED: Conduct public hearing and consider and approve Order 2020-015. BACKGROUND AND POLICY IMPLICATIONS: Crooked River Ranch Special Road District passed a resolution to initiate annexation of NW Quail Road into the District. The U.S. Bureau of Land Management, manager of the underlying public land, has no issue with the annexation. The Community Development Department has determined this annexation is consistent with the County's Comprehensive Plan. The Board approved Order 2020-046 setting the public hearing on this annexation and notice was duly provided pursuant to ORS 198. Approving Order 2020-015 will approve the annexation of the area described in the resolution into the District. FISCAL IMPLICATIONS: None ATTENDANCE: Chris Doty, Road; Legal