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2020-308-Order No. 2020-011 Recorded 8/20/2020REVIEWED mm LEGAL COUNSEL Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal q 2020-308 CJ2020-308 08/20/2020 3:51:01 PM r-or mecoraing >iamp unry BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Surrendering the Jurisdiction of Portions of NE 18th Street, D. H. Yeoman Road, Cole Road, Deschutes Market Road, Butler Market Road, NE Purcell Boulevard, Skyliners Road, O.B. Riley Road, and Cooley Road to the City of Bend, Oregon Pursuant to ORS 373.270. ORDER NO. 2020-011 WHEREAS, the roads identified in the attached Exhibit "A" incorporated herein by this reference are county roads under the jurisdiction of Deschutes County, Oregon ("County"); and WHEREAS, by Section 7 of Document No. 2017-423, the Revised Joint Management Agreement Regarding the Area Within the Bend Urban Growth Boundary (the "JMA"), roads and rights -of -way within territory annexed by the City of Bend, Oregon ("City") will be accepted by City and shall require a transfer of jurisdictional authority from Deschutes County ("County") to City; and WHEREAS, by Bend Ordinance No. NS-2327, attached hereto as Exhibit "B" and by this reference incorporated herein, City has requested surrender of jurisdiction of a portion of NE 18th Street, where said portion of road, as shown in the attached Exhibit "A" incorporated herein by this reference, is located within the area identified in Exhibit "B" that was annexed by City; and WHEREAS, by Bend Ordinance No. NS-2339, attached hereto as Exhibit "C" and by this reference incorporated herein, City has requested surrender of jurisdiction of a portion of Skyliners Road, where said portion of road, as shown in the attached Exhibit "A", is located within the area identified in Exhibit "C" that was annexed by City; and WHEREAS, by Bend Ordinance No. NS-2364, attached hereto as Exhibit "D" and by this reference incorporated herein, the City of Bend, Oregon has requested surrender of jurisdiction of portions of D. H. Yeoman Road ("Yeoman Road"), Cole Road, Deschutes Market Road, and Butler Market Road, where said portions of roads, as shown in the attached Exhibit "A", are located within the area identified in Exhibit "D" that was annexed by City; and WHEREAS, by Bend Ordinance No. NS-2075, attached hereto as Exhibit "E" and by this reference incorporated herein, City has annexed portions of NE Purcell Boulevard and Yeoman Road as shown in the attached Exhibit "A"; and WHEREAS, by Bend Ordinance No. NS-2166, attached hereto as Exhibit "F" and by this reference incorporated herein, City has annexed a portion of Deschutes Market Road, as shown in the attached Exhibit "A"; and PAGE 1 OF 2- ORDER No. 2020-011 WHEREAS, by Bend Ordinances No. NS-2090 and NS-2214, attached hereto as Exhibits "G" and "H" respectively and by this reference incorporated herein, City has annexed portions of Skyliners Road as shown in the attached Exhibit "A"; and WHEREAS, by Bend Ordinance No. NS-2304, attached hereto as Exhibit "I" and by this reference incorporated herein, City has annexed portions of O.B. Riley Road and Cooley Road as shown in the attached Exhibit "A"; and WHEREAS, by Bend Ordinances No. NS-2304 and NS-2364, attached hereto as Exhibits "I" and "D" respectively, City has created segments of alternating jurisdictional authority on Yeoman Road, Butler Market Road, and Cooley Road within the City Urban Growth Boundary ("UGB") by refraining from contiguously annexing portions of said roads within the UGB; and THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That it is in the public interest to surrender jurisdiction of those roads listed in Exhibit "A" attached hereto to City. Section 2. That effective as of 12:00 AM, August 20, 2020, the Board of County Commissioners hereby surrenders jurisdiction of those roads listed in Exhibit "A" attached hereto to the City of Bend. Section 3. From and after 12:00 AM, August 20, 2020, Segments 1, 5, 6, 7, 10, and 16 as shown in Exhibit "A" attached hereto shall be under the jurisdiction of the City of Bend. Section 4. Upon City's adoption of appropriate municipal legislation accepting this Order, Segments 21 3, 4, 8, 9, 11, 12, 13, 14, and 15 as shown in Exhibit "A" attached hereto shall be under the jurisdiction of the City of Bend. Dated this day of 2020. BOARD OF COUNTY COMMISSIONERS OF,,DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair eJ4--- ATTEST- Rec&'cfing Secr ary PAGE 2 OF 2- ORDER No. 2020-011 ANTHONY DEBONE, Vice Chair jA PHILIP G. HENDERSON, Commissioner ROAD JURISDICTIONAL TRANSFER TO THE CITY OF BEND ROAD NAME SEGMENT TO BE TRANSFERRED MAP SEGMENT SEGMENT NOTES NUMBER LENGTH (MI) NE 18TH STREET NORTH LINE OF NW 1/4 OF SW 1/4 OF 1 0.25 REQUESTED BY CITY (ORDINANCE NS-2327) SECTION 15 IN T17S, R12E TO EGYPT DR NE PURCELL BLVD TO WEST LINE OF SE 1/4 ANNEXED BY CITY (ORDINANCE NS-2075); NO OF SW 1/4 OF SE 1/4 OF SECTION 15 IN T17S, 2 0.13 TRANSFER REQUEST FROM CITY TO DATE R12E YEOMAN RD WEST LINE OF SE 1/4 OF SW 1/4 OF SE 1/4 OF SECTION 15 IN T17S, R12E TO DESCHUTES 3 0.63 NO TRANSFER REQUEST FROM CITY TO DATE MARKET RD SOUTH LINE OF N 1/2 OF NW 1/4 OF SECTION ANNEXED BY CITY (ORDINANCE NS-2166); NO 23 IN T17S, R12E TO SOUTH RIGHT OF WAY 4 0.1 TRANSFER REQUEST FROM CITY TO DATE DESCHUTES LINE OF NORTH UNIT CANAL MARKET ROAD YEOMAN RD TO SOUTH LINE OF N 1/2 OF NW 5 0.25 REQUESTED BY CITY (ORDINANCE NS-2364) 1/4 OF SECTION 23 IN T17S, R12E EAGLE RD TO CLYDE LN 6 0.3 REQUESTED BY CITY (ORDINANCE NS-2364) SOUTH LINE OF NORTH 500' OF NE1/4 NE1/4 BUTLER MARKET OF SECTION 23 IN T17S, R12E (aka 7 0.1 REQUESTED BY CITY (ORDINANCE NS-2364) RD WATERMAN WAY) TO HAMEHOOK RD CLYDE LN TO SOUTH LINE OF NORTH 500' OF NE1/4 NE1/4 OF SECTION 23 IN T17S, R12E 8 0.6 NO TRANSFER REQUEST FROM CITY TO DATE (aka WATERMAN WAY) ANNEXED BY CITY (ORDINANCE NS-2075); NO NE PURCELL BLVD ROCK PARK DR TO YEOMAN RD 9 0.2S TRANSFER REQUEST FROM CITY TO DATE NW CROSBY DR TO NORTH LINE OF SECTION 10 0.45 REQUESTED BY CITY (ORDINANCE NS-2339) 2 IN T18S, R11E ANNEXED BY CITY (ORDINANCE NS-2214); NO SKYLINERS RD SKYLINE RANCH RD TO ELWOOD LN 11 0.1 TRANSFER REQUEST FROM CITY TO DATE ANNEXED BY CITY (ORDINANCE NS-2090); NO ELWOOD LN TO NW CROSBY DR 12 0.2 TRANSFER REQUEST FROM CITY TO DATE NORTH LINE OF SE 1/4 OF SECTION 17 IN ANNEXED BY CITY (ORDINANCE NS-2304); NO O.B. RILEY ROAD T17S, R12E TO COOLEY RD 13 0.6 TRANSFER REQUEST FROM CITY TO DATE ANNEXED BY CITY (ORDINANCE NS-2304); NO O.B. RILEY RD TO NW BROWNRIGG LN 14 OAS TRANSFER REQUEST FROM CITY TO DATE COOLEY ROAD NW BROWN RIGG LN TO US 20 15 0.15 NO TRANSFER REQUEST FROM CITY TO DATE BUTLER MARKET ROAD, NORTH TO POINT COLE RD 2288.51 FEET SOUTH OF NORTH 1/4 CORNER 16 0.06 REQUESTED BY CITY (ORDINANCE NS-2364) SECTION 23, T17S, R12E EXHIBIT "A" - PAGE 1 OF 5 C) T B OAK CIf A B �-. 171216D BOBM:1TE CT �/17 17121 C 14 17 C j W I nr-EGMENT 6 - ROADS BOUNDARIES Right of Way to Urban Growth be Transferred Boundary Arterial Road Bend City Limits Collector Road Q Deschutes County Local Road Limits -"S !15B pR 15 C� -A W D C 0 W m. U), A c B 5-C CRY 171215D, 14D D z W 0 WATERMAN WIAY W D 1 24 C D C 2171223D PARK WAY z r B cos B , A Uj :5 I 1 z < A WW 0 EAST STEM PL 1? 1224D ILL Path: ZAArcGIS Projects\Junsdidional TransfersNCityOfBend 202 q\Cfty8end_2020.aprx 0 165 330 660 990 ROAD JURISDICTIONAL Feet TRANSFER TO CITY OF BEND JUNE 2020 1 (III I-M')�' of t' nI'L hw t is prodded 'as ib NE 18TH ST, BUTLER MARKET RD and COLE RD EXHIBIT "A" - PAGE 2 OF LUPINEAVE is H P a n e P a r k SPINNAKER, of m W 22 ES C-06, — -SEGMENT 3LO ol, Y Z w LU B W W A � o ---------m -ten C il",Ii N g GIt()W I II — — 171223 Po z o w 00 d 1 w C, I D g MONTICEL J 0.23 o. W _ ' � Cr LL — A PURS_ERAVE LAKERIDQle1 ; I Q STAL SPRINGS DR ; � O . - p, p' CASTLE J MAR z� EA DR _ z SE '� Path Z WrcGIS Pro)ectsVJurisdictional<TransfersVCityofBend 20201CityBend_ --—_-_G 2020.aprx 0 235 470 940 1,410 ROADS BOUNDARIES ROAD JURISDICTIONAL Feet JUNE 2020 a Right ofwayto Urban Growth TRANSFER TO CITY OF BEND be Transferred Boundary The mlonnhis ution on Imap �;us deuced Gum Uesdnurs I S c Arterial Road �.�e ; Bend City Limits NE PURCELL BLVD, YEOMAN RD, d n , (, , „! d, � - a 1, ! ihi ,�!,. I I ,� pr c,d d , , 1)� Ihul, f . n° « I! ", ° it'i� ! �� ............. Collector Road 0 Deschutes County o- �!��, d �� , > ��, o,, t, a dI t�h , r- r I h _ &,w , h �, t�, incluii d, , , r Local Road Limits and DESCHUTES MARKET RD �� « h� �r 'm urch,unahiht ,r I..n ,� a h.��u !, ,dal EXHIBIT "A" - PAGE 3 OF 5 Ill 1 :I Nomwatira„y app—am] vTES C I 4 y 2 e i A B o < c��lcy, I 7�' F�GyT I � S_ ROAD i o 171208C— I �I / _ 1 W _. SEGMENT 14 SEGMENT 15 COOLEYaRD - XN P X(Mill "F\R LD ®Pp I � I B I B R f A ® P' I 171217B ®PI � y ----r— I COX LN------- -- -f ---- �S -�o ---------171217A——————— — — — — —— ' 17 C I D, -C I ©, .Ro I I _ i a 171216B e I/ Ir rn \ i 0 1171217D I' B I 171217C / B o m,-®� ® �1 pic e V1S1P RD — W HARDY RD _ I— - — - - ® N� _ GLEN- j U Path'. Z:\NrcGIS Projects\Jurisdictional Transfers\City0fBend_2020\CityBend_2020.apr 0 200 400 800 1,200 ROADS BOUNDARIES ROAD JURISDICTIONAL Feet a Right of Way to urban Growth TRANSFER TO CITY OF BEND J U N E 2020 be Transferred Boundary 'fhe inlormnuon on ibis map „us derived Onm Ueschwe?. Count, 5 G-1 S c Arterial Road Bend City Limits d va (m �,_ l d n' o e -m <„ ,1 11 �,,al, i� ,< < i ,d j , " COOLEY RD and f) f m ,, , n} j bi 11 1 , , Collector Road (� Deschutes County ° f r ""' � " `I" j' -" `h` ' d' °" j" 1 ` ` f j 1 -e Limits O.B. RILEY RD �,� "I" mpl 1 , l"Oof Local Road nnrch nnabdu or lim hu a pawculdr purpon:. au-mf ancn,., d,rs EXHIBIT °A° - PAGE 4 OF 5 przrchici- Nolukauon of an, arrays is appmcimed 70, 1711 D 001 E S CO & __1 SiM \1 I T I I I G I I S( 11001, 0 5 A' B A B A B D N C R I'S'l Z. Ln -7-1-1-3 5 CL - - - - - - - --- - - - - - - - - - 17-1-1-3 5 D z (B —1 -171:1:36C- 0 A PAW\ (\R scilool. LOLO DR 0 D 0 D C co 0 TR,�E C U) 0 z ,S �GME�NT12 �SEGMEN B A "Y' B A B TZ 6� �O 190 MACALP//V"too�"' -1-8-1-1-0,3A - - - - - - - - 1-8-1-1-02B - - - - - - - - 0 OV 0 Z) 03 02 I �Mo' D C D C D 0� (0 -M U TCHIW M' AN Z' SUTHER CT LOO? _p,14D O 1811 3D 18i,10 A B 181102C A,, B A PatIly Z:\A . rcGIS-ProjectsWurisdictional TransfersVCityOfBend_2020\CityBend_2020.aprx 10 315 630 1,260 1,890 1 ROADS 3EW Right of Way to be Transferred Arterial Road Collector Road Local Road BOUNDARIES Urban Growth Boundary Bend City Limits Deschutes County Limits ROAD JURISDICTIONAL TRANSFER TO CITY OF BEND [.4 110 1 :MM V Feet I JUNE 2020 1 0 f ho o't am,' o, this snap "a, de -need fj'," Des'hwe­ co"m' , G I S data. ( me 11 ­ lake,,, ,, the cal 1-11 1). W It Deschutea (' ) t, cannot accept un :,�j . ....... bila, _�, provided!" or posmo"al in the dw'i[;d data or the "­icnk"'orecords There arc no n-nnies. e"""s ur implied. 1110 wan ante of mcrchantabdily or Illness o' a pzm"'J", pu'po" prnducr Nnnfi,no,, of an, errors i< ,pp—,aml EXHIBIT "B" - PAGE 1 OF 4 ORDINANCE NO. NS-2327 ORDINANCE ANNEXING APPROXIMATELY 36.64 ACRES OF LAND SOUTH OF EGYPT DRIVE ENCOMPASSING THE EXISTING ROCKRIDGE PARK AND A PORTION OF NE 18TH STREET ABUTTING THE PARK AND A PORTION OF NE BOBWHITE COURT/ALPINE RIDGE PLACE, AND REQUESTING JURISDICTIONAL TRANSFER OF THE RIGHT-OF-WAY PER ORS 393.270. Findings A. Bend Development Code Section 4.9.400A.1 provides for annexation of real property to cities when 100 percent of the property owners and a majority of electors, if any, registered in the territory proposed to be annexed consent to the annexation. B. The City has received an application for annexation of the territory described on Exhibit A and shown on Exhibit B (the "Area"). B. One hundred percent of property owners within the Area have filed a statement of consent to this annexation. C. There are no registered electors within the Area. E. Notice of the hearing was published in the Bend Bulletin on Sunday, March 3, 2019 and Sunday, March 10, 2019. In addition, the notice was posted in four public places in the City and a land use action sign was posted on the property for a like period. Notice was also sent on February 25, 2019, to the Boyd Acres Neighborhood Association representative, and to surrounding owners of record of property within 250 feet of the subject property, as shown on the most recent property tax assessment rolls. D. Council held a public hearing on March 20, 2019 to enable the public to appear and be heard on the question of annexation. F. The Area is contiguous to the City limits of the City of Bend on the north, west and south sides and the NE 18th Street right of way is part of the annexation area. H. The applicant has entered into an Annexation Agreement, attached as Exhibit C, with the City which includes dedication of right of way for a portion of the Bobwhite Court/Alpine Ridge Place that is fully constructed. I. The City of Bend deems it necessary and expedient for the City to acquire jurisdiction from Deschutes County over the portion of 18th Street, a County road, within the annexed area. Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS: SECTION 1. The territory containing approximately 36.64 acres of land, described in Exhibit A and depicted in Exhibit B, is annexed to the City of Bend, subject to the provisions of the Annexation Agreement (Exhibit C). Ordinance NS-2327 Page 1 of 6 EXHIBIT "B" - PAGE 2 OF 4 SECTION 2. In addition to the findings set forth above, the City Council adopts the findings in Exhibit D. SECTION 3. The City requests that Deschutes County surrender to the City of Bend jurisdiction over the portion of 181h Street within the annexed area in compliance with ORS 373.270. First reading: March 20, 2019. Second reading and adoption by roll call vote: April 3, 2019. YES: Sally Russell, Mayor NO: none Bruce Abernethy Barb Campbell Bill Moseley Justin Livingston Gena Goodman -Campbell Chris Piper {►_� "���. ...... . ......... ... . Attest: - Robyn Christi , City of Bend Recorder Approved as to form: rs, City Ordinance NS-2327 Page 2 of 6 EXHIBIT "B" - PAGE 3 OF 4 EXHIBIT A The Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4) of Section 15, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon. EXCEPTING THEREFROM the northerly 30.00 feet of said SW 1/4 NW 1/4. Subject to: All easements, restrictions and right-of-ways of record and those common and apparent on the land. REGISTERED PROFESSIONAL LAND SURVEYOR ;G115 OREGON JULY 10, 2007 PATRICK GAGE COLE 79157 EXPIRES: 12/31/19 Ordinance NS-2327 Page 3 of 6 EXHIBIT'B" - PAGE 4 OF 4 EXHIBIT B 1712150000200 1 '" O00 S ip V"N--1 EGYPT DRIVE Eg4P�� ;- N 89'3715 E 1234.06 _. f Pk"A Annexation PEA �� cj Area 04 N N wr a SG00jeS 3 U) roD0 1712150000206 o 00 W�S� ow z R ON 0 z (f) DFPNPS� 1 RTON OSE,z S89'42'01"W 1235.89' r �. �Pp1N, CRO551NG� wgvi1 w ROG� BOBWHITECOURT PS�2 p�AS-N`IO it Ordinance NS-2327 Page 4 of 6 EXHIBIT "C" - PAGE 1 OF 6 ORDINANCE NO. NS -2339 ` AN ORDINANCE ANNEXING APPROXIMATELY 246 ACRES OF LAND IN THE WEST UGB EXPANSION MASTER PLAN AREA 1, FOR THE DISCOVERY WEST MASTER PLANNED DEVELOPMENT, ALONG WITH THE ADJACENT SKYLINERS ROAD, AND REQUESTING JURISDICTIONAL TRANSFER OF THE RIGHT OF WAY PER ORS 393.270. Findings: A. Bend Development Code Section 4.9.400A.1 provides for annexation of real property to cities when 100 percent of the property owners and a majority of electors, if any, registered in the territory proposed to be annexed consent to the annexation. B. The City received an application for annexation of the territory shown on Exhibit A and described in Exhibit B (the "Area"). C. One hundred percent of property owners within the Area have filed a statement of consent to this annexation. D. There are no registered electors within the Area. E. Public notice for the City Council hearing was provided in accordance with the requirements of BDC 4.9.300.A.3, and BDC 4.1.423-4.1.426. On April 25, 2019, notice was mailed by the Planning Division to surrounding owners of record of property within 260 feet of the subject properties, and to the Summit West and Century West Neighborhood Association representatives. Notice was also posted in four public places on April 25, 2019, and posted in The Bulletin on April 27 and May 4, 2019. On April 26, 2019, Notloe of Proposed Development signs were posted by the applicant along the property frontages at three locations, visible from adjacent rights of way. F. Council held a public hearing on May 15, 2019 to enable the public to appear and be heard on the question of annexation. G. The Area is contiguous to the City limits of the City of Bend along the east boundary of the properties and the adjacent Skyliners Road right of way is part of the annexation area. H. The applicant has entered into an Annexation Agreement with the City, attached as Exhibit C. I. The City of Bend deems it necessary and expedient for the City to acquire jurisdiction from Deschutes County over the portion of Skyliners Road, a County road, within the annexed area. Based on these findings, THE CiTY OF BEND ORDAINS AS FOLLOWS: Section 1. The territory containing approximately 245 acres of land and the adjacent Skyliners Road, as depicted In Exhibit A and described in Exhibit B, is annexed to the City of Bend, subject to the provisions of the Annexation Agreement r v attached as Exhibit C. Section 2. In addition to the findings set forth above, the City Council adopts and incorporates the findings in Exhibit D. EXHIBIT "C" - PAGE 2 OF 6 Section 3. On the date the annexation becomes effective, the UA District will cease to apply and the zoning map will be automatically updated with the zoning district that implements the underlying Comprehensive Plan map designation, in accordance with the Discovery West Master Planned Development and BDC 4.9.700 Zoning of Annexed Areas. First Reading: May 15, 2019 Second reading and adoption by roll call vote: June 5, 2019 YES: Sally Russell, Mayor Bruce Abernethy Barb Campbell Chris Piper Gena Goodman -Campbell ATTEST: r j Robyn CI ristle, City Recorder Approved Cs to for M ry Win s,' i y orney' n� NO: none EXHIBIT "C" - PAGE 3 OF 6 y 5 �o Q ow w I_ m� 4 S Q XX d� zo��Ndw OCL to- N W O m z ROM (lti Oa HONVI 3NI IA-Az (n w z a>y1P` $ W Q w z �, � D��rin>-O q � � AF . 8 Qo�Q I Cl «I ,� Sg 1 s�,tl., i +z U)i�ao�z %j Q e— t 2 t �G7�cy° ag iF U 'a ap F s0�J ul W Q CL w to 0 a c Cam) Q t> 4 11 r 52 CL I ��/ L` i o On O o ^ a Z Ong IL —w OD r v I Ong w 1MSJ W 2q,N1 N i J 7 J J J]] J] 1 S CGG S EXHIBIT "C" - PAGE 4 OF 6 EXHIBIT B NWX2 Property Legal Description A parcel of land located in the South one-half of the Northeast one -quarter (S1/2 NE1/4), the Southeast one -quarter (SE1/4), the Southwest one -quarter (SW1/4), and the South one-half of the Northwest one -quarter (S1/2 NW1/4) of Section 35, Township 17 South, Range 11 East of the Willamette Meridian, Deschutes County, State of Oregon, being more particularly described as follows: Beginning at the East One -quarter corner of said Section 35; thence along the east line of said Section 35, S 000 13' 54" W a distance of 89.09 feet to a point on the northerly right of way of NW Crossing Drive, as defined by Dedication Deed recorded as Instrument Number 2014- 29653 in the Deschutes County Official Records, said point being a point of non -tangent curvature; thence leaving said east line of Section 35 and along said northerly right of way line for the following four courses; thence along the arc of a 836.00 foot radius curve to the left, through a central angle of 140 31' 07", an arc distance of 211.84 feet (the chord of which bears S 56° 55' 07" W, 211.27 feet) to a point of tangency; thence S 49" 39' 33" W a distance of 1207.05 feet to a point of curvature; thence along the arc of a 1650.00 foot radius curve to the left, through a central angle of 11 ° 11' 14", an arc distance of 322,17 feet (the chord of which bears S 44° 03' 56" W, 321.66 feet) to a point of non -tangency; thence S 490 38' 10" E a distance of 5.03 feet to a point on the westerly right of way of NW Crosby Drive, as defined by Dedication Warranty Deed recorded as Instrument Number 2008-14744 in the Deschutes County Official Records; thence leaving said northerly right of way and along said westerly right of way line for the following five courses; thence S 38° 27' 35" W a distance of 236.19 feet to a point of non -tangent curvature; thence along the arc of a 545.00 foot radius curve to the left, through a central angle of 380 27' 44", an arc distance of 365.85 feet (the chord of which bears S 190 14' 34" W, 359.02) to a point of non -tangency; thence S 000 00' 56" W a distance of 440.89 feet to a point of curvature; thence along the are of a 368.03 foot radius curve to the left, through a central angle of 03' 02' 22", an arc distance of 19.52 feet (the chord of which bears S 01 ° 30' 15" E, 19.52 feet) to a point of non -tangency; thence S 020 51' 14" E a distance of 11.64 feet to a point on the northerly right of way of Skyliners Road; thence leaving said westerly right of way and along said northerly right of way line for the following three courses; thence S 860 58' 51" W a distance of 696.29 feet to a point of non -tangent curvature; thence along the arc of a 5596.39 foot radius curve to the left, through a central angle of 040 01' 17", an arc distance of 392.80 feet (the chord of which bears S 840 58' 48" W, 392.72 feet) to a point of non -tangent compound curvature, said point being at the intersection of said north right of way and the north - south center section line; thence continuing along said north right of way along the arc of a 5673.80 foot radius curve to the left, through a central angle of 120 13' 58", an arc distance of 1211.37 feet (the chord of which bears S 760 50' 09" W, 1209.07 feet) to a point of non - tangency; thence leaving said northerly right of way line of Skyliners Road, N 18° 58' 33" W a distance of 21.17 feet to a point of curvature; thence along the arc of a 211.53 foot radius curve to the right, through a central angle of 050 29' 17", an arc distance of 20.26 feet (the chord of which bears N 16° 13' 55" W, 20.25 feet) to a point of non -tangent compound curvature; thence along the arc of a 619.98 foot radius curve to the right, through a central angle of 140 34' 27", an 541-385.4772 n 800-865-9847 (fax) a 963 SW Simpson Avenue, Suite 200 n Bend, Oregon 97702 a www.dowl.com EXHIBIT "C" - PAGE 5 OF 6 Exhibit B Page 2 of 3 arc distance of 157.70 feet (the chord of which bears N 05° 46' 42" W. 157.28 feet) to a point of non -tangency; thence S 890 21' 50" E a distance of 4.29 feet to a point of non -tangent curvature; thence along the arc of a 482.17 foot radius curve to the right, through a central angle of 280 03' 57", an arc distance of 236.19 feet (the chord of which bears N 180 44' 34" E, 233.84 feet) to a point of non -tangent reverse curvature; thence along the are of a 524.82 foot radius curve to the left, through a central angle of 269 54' 28", an arc distance of 246.47 feet (the chord of which bears N 16° 54' 10" E, 244.21 feet) to a point of non -tangency; thence S 78° 33' 23" W, a distance of 204.00 feet to a point on the easterly boundary of the plat of Tree Farm, recorded in Plat Cabinet I, Pages 260 through 278, and as Instrument Number 2016-44585 of the Deschutes County Official Records; thence along said easterly boundary for the following eight courses; thence S 63° 19' 11" W a distance of 175.65 feet; thence N 89" 47' 06" W a distance of 117.96 feet; thence N 85° 21' 59" W a distance of 351.80 feet; thence N 790 44' 20" W a distance of 111.*35 feet; thence N 480 08' 56" W a distance of 168.31 feet; thence N 290 30' 12" W a distance of 36.61 feet; thence N 140 48' 33" W a distance of 55.05 feet to a point of non - tangent curvature; thence along the arc of a 3556.55 foot radius curve to the right, through a central angle of 230 20' 34", an arc distance of 1448.98 feet (the chord of which bears N 16' 47' 22" E, 1438.98 feet) to a point of non -tangent curvature; thence leaving said easterly boundary, along the arc of a 400.00 foot radius curve to the right, through a central angle of 59° 31' 52", an arc distance of 415.61 feet (the chord of which bears N 770 43' 52" E, 397.16 feet) to a point on the easterly boundary of said plat of Tree Farm and a point of non -tangent curvature; thence along said easterly boundary, along the arc of a 3256.41 foot radius curve to the right, through a central angle of 070 03' 54", an arc distance of 401.55 feet (the chord of which bears N 360 36' 40" E, 401.29 feet) to a point of non -tangency; thence leaving said easterly boundary, N 590 27' 16" E a distance of 152.73 feet; thence N 490 03' 46" E a distance of 84.77 feet to a point of non -tangent curvature; thence along the arc of a 2548.38 foot radius curve to the right, through a central angle of 170 55' 37", an arc distance of 797.35 feet (the chord of which bears N 690 14' 47" E, 794.10 feet) to a point on the westerly right of way of Sage Steppe Drive, as defined by said plat of Tree Farm, and a point of non -tangent curvature; thence along said westerly right of way, along the arc of a 230.00 foot radius curve to the left, through a central angle of 30° 48' 03", an arc distance of 123.64 feet (the chord of which bears S 160 17' 47" E, 122.16 feet) to a point on the easterly boundary of said plat of Tree Farm and a paint of non -tangency; thence along said easterly boundary, N 58" 16' 15" E a distance of 60.00 feet to a point on the easterly right of way of said Sage Steppe Drive and a point of non -tangent curvature; thence leaving said easterly boundary and along said easterly right of way, along the arc of a 170.00 foot radius curve to the right, through a central angle of 13* 37' 43", an arc distance of 40.44 feet (the chord of which bears N 24° 52' 16" W, 40.34 feet) to a point of non -tangency; thence leaving said easterly right of way, N 71 ° 34' 07" E a distance of 242.04 feet; thence N 75° 12' 26" E a distance of 146.27 feet; thence N 77" 56' 29" E a distance of 146.19 feet; thence N 800 40' 32" E a distance of 146.19 feet; thence N 830 24' 36" E a distance of 146.23 feet; thence N 860 32' 47" E a distance of 199.14 feet to a point of non -tangent curvature; thence along the arc of an 285.00 foot radius curve to the right, through a central angle of 140 45' 53", an arc distance of 73.44 feet (the chord of which bears N 12" 41' 04" E, 73.24 feet) to a point of tangency; thence N 20° 04' 00" E, 71.45 feet to a point of curvature; thence along the are of a 1886.00 foot radius curve to the right, through a central angle of 170 20' 04", an arc distance of 570.29 feet (the Q MNI4142.01170SurveylLegal DescriptlonsWiscovery West boundary Exhibit B.docx EXHIBIT "C" - PAGE 6 OF 6 Exhibit B Page 3 of 3 chord of which bears N 280 44' 02" E, 568.12 feet) to a point of reverse curvature; thence along the arc of a 1465.00 foot radius curve to the left, through a central angle of 05° 51' 09", an arc distance of 149.65 feet (the chord of which bears N 340 28' 29" E, 149.68 feet) to a point on the north line of said plat of Tree Farm, being a point on the north line of the South one-half of the Northeast one -quarter (S 1/2 NE 1/4) of said Section 35 and a point of non -tangency; thence along said north line, S 890 57' 40" E a distance of 112.96 feet to the northeast corner of said plat; thence leaving said plat and continuing along said north line of the South one-half of the Northeast one -quarter, S 890 57' 40" E a distance of 1250.60 feet to the North 1/16th corner common to said Section 35 and Section 36, Township 17 South, Range 11 East of the Willamette Meridian; thence along said east line of Section 35, S 000 14' 07" W a distance of 1314.17 feet to said East One -quarter corner of said Section 35 and the Point of Beginning.Said parcel contains 246 acres, more or less. Together With a tract of land being that portion of Skyliners Road's 60 foot right-of-way lying immediately adjacent to the parcel described above. Said tract contains 3.1 acres more or less. REGISTERED PROFESSIONAL .JLlt-y 2r5, 1CD5a LYNN J BRUNO Q:122114142-01170Surveyll.egal Descriplions0scovery West boundary Exhibit B.docx EXHIBIT "D" - PAGE 1 OF 8 ORDINANCE NO. NS -2364 AN ORDINANCE ANNEXING APPROXIMATELY 186 ACRES OF LAND IN A PORTION OF THE NORTHEAST EDGE UGB EXPANSION MASTER PLAN AREA, FOR THE PETROSA MASTER PLANNED DEVELOPMENT AND REQUESTING JURISDICTIONAL TRANSFER OF THE RIGHT OF WAY PER ORS 373.270. Findings: A. Bend Development Code Section 4.9.400A.3 provides for annexation of real property to the City when 100 percent of the property owners that represent more than half the assessed value of all real property in the contiguous territory proposed to be annexed consent to the annexation. B. The City received an application for annexation of the territory shown on Exhibit B and described in Exhibit C (the "Area"). C. One hundred percent of property owners within the Area have filed statements of consent to this annexation. D. Public notice for the City Council hearing was provided in accordance with the requirements of BDC 4.9.300.A.3, and BDC 4.1.423-4.1.425. On January 16, 2020, notice was mailed by the Planning Division to surrounding owners of record of property within 400 feet of the subject properties, and to the Mountain View and Boyd Acres Neighborhood Association representatives. Notice was also posted in four public places on January 16, 2020, and posted in The Bulletin on January 19, 2020 and January 26, 2020. On January 21, 2020, Notice of Proposed Development signs were posted by the applicant along the property frontages at five locations, visible from adjacent rights of way. E. The City Council held a public hearing on February 5, 2020 to receive evidence and comments on the question of annexation. F. The Area is contiguous to the City limits of the City of Bend along the west and south boundaries of the properties within the Area. G. The applicant and the City have reached agreement on a proposed Annexation Agreement that sets forth the obligations of the applicant for the provision of urban infrastructure needed to serve the newly annexed area and other areas. Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS: Section 1. The territory containing approximately 186 acres of land as described in Exhibit A and depicted in Exhibit B, is annexed to the City of Bend upon the Annexation Agreement (Exhibit A) taking effect. EXHIBIT "D" - PAGE 2 OF 8 Section 2. The City Manager is authorized to execute the Annexation Agreement (Exhibit A) in the substantially the form presented to Council. Section 3. In addition to the findings set forth above, the City Council adopts and incorporates the findings in Exhibit D. Section 4. On the date the annexation becomes effective, the UA District will cease to apply and the zoning map will be automatically updated in accordance with the Petrosa Master Planned Development zoning scheme (PZ-19-0515). First Reading: February 5, 2020 Second reading and adoption by roll call vote: February 19, 2020 YES: Sally Russell, Mayor Bruce Abernethy Barb Campbell Bill Moseley Justin Livingston Gena Goodman -Campbell Chris Piper Attest: r Robyn Chri tie, City Recorder Approved as to form: NO: none --- -------- Sally Rus§ell, Mayor EXHIBIT "D" - PAGE 3 OF 8 AKq FEGINEERING & FORESTRY AKS ENGINEERING & FORESTRY, LLC 12965 SW Herman Road, Suite 100, Tualatin, OR 97062 P: (503) 563-6151 1 www.aks-engxom OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA EXHIBIT B City of Bend Annexation AKS Job #6777 A tract of land and road rights -of -way located in the Southwest One -Quarter of Section 13, the Southwest One -Quarter and the Southeast One -Quarter of Section 14, the Northwest One - Quarter, the Northeast One -Quarter, and the Southeast One -Quarter of Section 23, and the Northwest One -Quarter of Section 24, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Beginning at the North One -Quarter corner of said Section 23; thence North 00003' 13" West 20.00 feet to the northerly right-of-way line of Yeoman Road (20.00 feet from centerline) and the True Point of Beginning; thence along said northerly right-of-way line, South 89°58'58" East 30.04 feet to the easterly right-of-way line of Cole Road (30.00 feet from centerline); thence along said easterly right-of-way line, South 00°03'42" West 20.01 feet to the northerly line of Section 23; thence along said northerly line and the easterly extension thereof, South 89°57'25" East 2668.18 feet to the northerly extension of the easterly right-of-way line of Butler Market Road (30,00 feet from centerline); thence along said northerly extension and said easterly right- of-way line, South 00°07'02" East 500.00 feet to the easterly extension of the south line of Document Number 2019-40244; thence along said easterly extension and the south line of said Deed, North 89°57' 17" West 963.73 feet to the east line of Document Number 99-54982; thence along said east line, South 0090'34" West 820.88 feet to the southeast corner thereof; thence along the south line of said Deed, North 89°59'50" West 162.91 feet to the east line of Document Number 2019-12625; thence along said east line and the southerly extension thereof, South 00°02'35" West 1362.39 feet to the south right-of-way line of Butler Market Road (40.00 feet south of the east -west centerline of said Section 23); thence along said south right-of-way line, South 89°53'31" West 1539.87 feet to the east right-of-way line of Eagle Road (30.00 feet from centerline) and the Bend city limits line; thence along the northerly extension of said east right- of-way line and said city limits line, North 00°03'06" East 68.59 feet to the north right-of-way line of Butler Market Road (30.00 feet from centerline); thence along said north right-of-way line and continuing along said city limits line, South 89°46'53" West 1,075.74 feet; thence continuing along said city limits line on a curve to the left with a Radius of 1,175.92 feet, Delta of 11'37'28", Length of 238.58 feet, and Chord of South 83°58'09" West 238.17 feet to a line parallel with and 30.00 feet easterly of the centerline of Deschutes Market Road; thence along said parallel line and continuing along said city limits line, North 07°29'34" West. 20.57 feet; thence continuing along said parallel line and said city limits line on a curve to the right with a Radius of 262.69 feet, Delta of 7°27'04", Length of 34.16 feet, and Chord of North 03°46'02" West 34.14 feet; thence North 00°02'30" West 377.58 feet; thence along a curve to the right with Radius 45,014.47 feet, Delta of 00°14'55", Length of 195.23 feet, and Chord of North 00°04'57" East 195.23 feet to the southerly line of Document Number 2012-8162; thence leaving said parallel line and said city limits line along said southerly line, North 89°53'31" East 738.03 feet to the westerly line of Document Number 2019-9588; thence along said westerly line, North 00°03'42" East 162.18 feet to the southerly line of Document Number 2018-32237; thence along said southerly line, South 89°53'31" West 573.34 feet to the westerly line of said Deed; thence EXHIBIT "D" - PAGE 4 OF 8 along said westerly line, North 00°18'30" West 103.59 feet to the westerly south line of said Deed; thence along said westerly south line, South 87°36'30" West 152.23 feet to the easterly right-of-way line of North Unit Main Canal; thence along said easterly right-of-way line, North 74°12'02" East 194.78 feet; thence continuing along said easterly right-of-way line on a curve to the left with Radius 356.50 feet, Delta 75°00'38", Length of 466.72 feet, and Chord of North 36141'43" East 434.10 feet; thence North 00°48'58" West 35.25 feet to the south line of the Northeast One -Quarter of the Northwest One -Quarter of said Section 23; thence along said south line, South 89057'41" West 160.01 feet to the westerly right-of-way line of North Unit Main Canal; thence along said westerly right-of-way line, North 00°48'58" West 319.13 feet to the south line of Document Number 2018-31353; thence along said south line, North 89°38'33" West 289.89 feet to the east right-of-way line of Deschutes Market Road (30.00 feet from centerline) and said city limits line; thence along said east right-of-way line and said city limits line, North 0093'50" East 28.51. feet to the easterly extension of the south line of Parcel 1 of Partition Plat Number 2007-074; thence along said easterly extension and continuing along said city limits line, North 89°38'33" West 60.00 feet to the west right-of-way line of Deschutes Market Road (30.00 feet from centerline); thence leaving said city limits line and along said west right-of-way line, North 00°13'50" East 27.80 feet; thence continuing along said west right-of- way line on a curve to the left with a Radius of 127,016.62 feet, Delta of 0095'20", Length of 566.53 feet, and Chord of North 00'06' 10" East 566.53 feet; thence continuing along said west right-of-way line and the northerly extension thereof, North 00'01'30" West 421.02 feet to a line parallel with and 40.00 feet northerly of the north line of said Section 23; thence along said parallel line, South 89°58'58" East 1345.14 feet to the True Point of Beginning. The above described tract of land contains 183 acres, more or less. 01/29/2020 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 12, 2016 MICHAEL S. KALINA 89558PLS RENEWS: 6 30 21 PARCEL 1 OF PP. NO. 2007-074 IW111 -DESCHUTES MARKET ROAD � �g rn X O NORTH UNIT z rm <' P -V m �CANAL > c CD It r I I CP LE ROAD EAGLE ROAD m m n cf) I *:* Q M 0 C> n 0.-U C) oCD(f)w rri m c� Z\b Lo() :z c) m P PQ Q C:) 4- m J> rrl c� w W DOC. NO. 2019-126�25 Cn o R 0 m ;a = -4 0 m -n m cn M z > c Fl n CD C= M S2 C) z x = cia C-) z m CA g z = z M m i m 0 M 0 BUTLER MARKET --..L z Q C, Ln ROAD rT, c_— c:) Mm---j :.,. .7< C/) rn m rn ;;a z;u;u C) C) o" mo aorn m 40 fvl m W c L4 5WAR m <om CD o cli X 0 m CA fqz0m rrl 1= -lp z Irv C-) -q m 0 W m 0 > cz. p CA EXHIBIT "D" - PAGE 6 OF 8 EXHIBIT C PAGE 2 OF 3 A TRACT OF LAND AND ROAD RIGHTS -OF -WAY LOCATED IN THE SW 1/4 OF SEC. 13, THE SW AND SE 1/4 OF SEC. 14, THE NW, NE, AND SE 1/4 OF SEC. 23, AND THE NW 1/4 OF SEC. 24, T17S, R12E, W.M., DESCHUTES COUNTY, OREGON S89'58'58"E 1345.15' Lu DOC. TRUE POINT OF BEGINNING i- SB9'58'58"E 30.04' POINT OF BEGINNING NORTH 1/4 CORNER SECTION 23 EAGLE ROAD S89'53'31"W SCALE: 1"= 500 FEET w" 500 0 100 250 500 HAMEHOOK ROAD 9- N89'57'17'W 963.73' 00 00 N I 00 R� 0 8 162.91' N N 04 M � N z P o P, o MARKET o ROAD 0 01/29/2020 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 1, 2016 MICHAEL S. KALINA 89558PLS RENEWS: 6/30/21 BUTLER MARKET ROAD — *ADDITIONAL CURVE DATA ON SHEET 02* CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD Cl 1175.92' 11'37'28" 238.58' S83'58'09"W 238.17' C2 262.69' 7'27'04" 34.16' N3'46'02"W 34.14' C3 45014.47' 0'14'55" 195.23' NO'04'57"E 195.23' CITY OF BEND ANNEXATION - 02 C MKS ENGINEERING & FORESTRY, LLC ORWN: MI 2965 SW HERMAN RD, STE 100 CHM M UALATIN, OR 97062 jAK AKS JOB: 103.563.6151 WWW.AKS-ENG.COM =3 6777 EXHIBIT "D" - PAGE 7 OF 8 EXHIBIT C PAGE 3 OF 3 A TRACT OF LAND AND ROAD RIGHTS -OF -WAY LOCATED IN THE SW 1/4 OF SEC. 13, THE SW AND SE 1/4 OF SEC. 14, THE NW, NE, AND SE 1/4 OF SEC. 23, AND THE NW 1/4 OF SEC. 24, T17S, R12E, W.M., DESCHUTES COUNTY, OREGON 1/29/2020 � � / I I REGISTERED S89'5B'58"E 1345.15' 3 PROFESSIONALYEOMAN ROADi LAND SURVEYOR P o W / o Y iQOC. N0. o o . Zg / 2018- QOREGON ai 31353 U 12.2016 KAUNAJANUARY MICHAEL . 858PS 21 rZ W lU cr RENEWS: 8 N N0013'50"E 27.80' p N89'38'33"W 60.00'N0013'50"E 28.51'N89'38'33"W 289.89'- NOO'48'58"W 319.13'- S89'57'41 "W 160 N7412'02"E 194. S87'36'30"W 152.23'--' N0018'30'W 103.59' C3 L=195.23'`^ /NOD 1"1'02 30 3® ( .C2 L=34.16' NOT29'34"W 20.57' //a1 F SCALE: 1"= 500 FEET -1 500 0 100 250 500 H Z H O Z 201 i162.18' DOC. NO. S89'46'53"W_ 1075. �N00'03106"E 6& rrrt-r-r�=i-r�—n-r=r�=r TRUE POINT OF BEGINNING S89'57'25"E 2668. POINT OF BEGINNING NORTH 1/4 CORNER SEC11ON 23 BUTLER MARKET ROAD \S89.53-31 "W 1539.87' EAGLE ROAD *ADDITIONAL CURVE DATA ON SHEET 01* CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD C4 356.50' 75'00'38" 466.72' N36'41'43"E 434,10' C5 127016.62' 015'20" 566.53' NO'06'10"E 566.53' CITY OF BEND ANNEXATION - 03 EXHIBIT c AKS ENGINEERING & FORESTRY, LLC DRWN: M 12965 SW HERMAN RD, STE 100 CHKD: M TUALATIN, OR 97062 AKS JOB: 503.563.6151 WWW.AKS-ENG.COM KOS16777 EXHIBIT "D" - PAGE 8 OF 8 EXHIBIT "E" - PAGE 1 OF 4 ORDINANCE NO. NS-2075 AN ORDINANCE ANNEXING 18.1 ACRES OF LAND LOCATED EAST OF NE PURCELL ROAD, SOUTH OF YEOMAN ROAD INTO THE CITY FOR THE PURPOSE OF BUILDING AN ELEMENTARY SCHOOL, DECLARING AN EMERGENCY AND PRESCRIBING AN EFFECTIVE DATE OF OCTOBER 3, 2007 WHEREAS, ORS 222.125 provides for annexation of real property to cities when 100 percent of the property owners a majority of electors registered in the territory proposed to be annexed consent to said annexation; and WHEREAS, the City Council finds that 100 percent of property owners within the area to be annexed have filed a statement of consent to this annexation; and WHEREAS, the City Council has determined that there are no registered electors within the territory; and WHEREAS, the Council has elected to dispense with submitting the question of the proposed annexation of the described territory to the electors of the City; and WHEREAS, the Council held a public hearing on September 19, 2007 to enable the public to appear and be heard on the question of annexation; WHEREAS, notice of the above hearing was published on September 9,2007, in the Bulletin, a newspaper of general circulation in the City of Bend and notices of the hearing were sent to owners of property within 100 feet of the subject territory; and WHEREAS, the below described territory is contiguous to the City limits of the City of Bend; and WHEREAS, the subject property was brought into the City's Urban Growth Boundary pursuant to ordinances adopted by the City Council, and by the Deschutes County Board of Commissioners; and WHEREAS, a portion of the territory is located within the Deschutes County Rural Fire Protection District No. 2, hereinafter referred to as "District".. and WHEREAS, the City has determined that the portion of the territory to be annexed to the City that is currently located within the District should be withdrawn from the District; now therefore THE CITY OF BEND DOES ORDAIN AS FOLLOWS: SECTION 1. That the territory containing 18,1 acres of land, which is described in Exhibit A and depicted on Exhibit B, is hereby declared to be annexed to the City of Bend: SECTION 2. That the described territory is hereby withdrawn from the Deschutes County Rural Fire District upon the effective date of this ordinance. SECTION 3. That the City hereby elects to assume those obligations of the District that are specified in ORS 222.520 (2)(b). SECTION 4. This ordinance being necessary for the preservation of public safety and health, an emergency is declared to exist and this ordinance takes effect on October 3, 2007. Read for the first time the 19th day of September, 2007. Ordinance NS-2075 Page 1 of 4 EXHIBIT "E" - PAGE 2 OF 4 Read for the second time the 3rd day of October, 2007. Placed into effect upon the 3rd day of October, 2007. YES: 7 NO: 0 ABSTAIN: 0 Authenticated by the Mayor the 3rd day of October, 2007. Bruce Abernethy, Mayor Attest: Patricia Steil, City Recorder Ordinance NS-2075 Page 2 of 4 EXHIBIT "E" - PAGE 3 OF 4 EXHIBIT A Legal Description for Pine Nursery School Site A parcel of land located in the Southwest One -quarter of the Southeast One - quarter (SW 114of the SE 114) of Section 15 and the Northwest One -quarter of the Northeast One -quarter (NW 114 of the NE 114) of Section 22, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, said parcel being more particularly described as follows: Beginning at One -quarter corner common to Section 15 and 22, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, thence North 00° D1'38" West, 30.00 feet to a point on the northerly right of way of Yeoman Road, North 89`37'08" East, 790.67 feet; thence leaving said northerly right of way, South 00' 00'00" West 30.00 feet to a point on the line between said Sections 15 and 22; thence continuing South 00"00'00" West 279.96 feet; thence South 55'00'00" West, 301.94 feet; thence South 00'00'00" West 240.87 feet; thence South 12°34'67" East, 158.62 feet; thence South 30'00'00` East, 288.60 feet; thence South 00*00'0D" West, 87.84 feet; thence North 90'00'00" West, 711.50 feet to the north -south center line of said Section 22; thence along said center line, North 00'01'38" West, 1164.02 feet to the point of beginning. Said parcel contains 18.1 acres, more or less Ordinance NS-2075 Page 3 of 4 EXHIBIT "E" - PAGE 4 OF 4 aa■ i Stu r■ OPOSED URBAN r n�C r! f O ?EXPANSION 4' r i PRO.OSED utQ■■m w ■ WTH BOUNDARY p �11-111 �� n■mo■ un� i — ot�n nm n = m u�■tii iii%n wpnu � i t 1 ii �\�r� v ► ♦a . � '' _ 11 a. r it t�� � f/wiwa■■ �� r� • G� � � a!s � �� u. N/lt rr ! A ♦ �,,I�„ it ui � ■ T uie � ■�'� - •tu �"' ■■i twin t I pl■ rr -nwaS- Spa■ ■ a'f{tpBid! � a Bltn �iF`ii' "S "� ^ � r■tlin� a� � � REND -LA PINIE SCHOOLS PINE NURSERY aEMENTARY SCHOOL UGB EXPANSION EXHIBIT ■�■u�i Ordinance NS-2075 Page 4 of 4 W 01-1k0mg-11claK•IMP ORDINANCE NO. NS-2166 . AN ORDINANCE ANNEXING APPROXIMATELY 26 ACRES OF LAND AND ADJACENT DESCHUTES MARKET ROAD RIGHT OF WAY AT THE SOUTHEAST CORNER OF THE BEND PINE NURSERY SITE INTO THE CITY FOR THE PURPOSE OF URBANIZING THE US FOREST SERVICE'S ADMINISTRATIVE BUILDING Findings: A. ORS 222.125 provides for annexation of real property to cities when 100 percent of the property owners and a majority of electors registered in the territory proposed to be annexed consent to said annexation. B. The US Forest Service owns 100% of the territory and have consented to this annexation. C. There are no registered electors within the territory. D: The Council has elected to dispense with submitting the question of the proposed annexation of the territory to the electors of the City. E. The Council held a public hearing on June 1, 2011 to allow the public to be heard on the question of annexation. F. Notice of the hearing was sent to owners of property within 250 feet of the subject property G. The City of Bend Annexation Policy recognizes that annexation of areas must be contiguous to the City and must contribute to the logical growth pattern of the City. H. The property is contiguous to the City limits of the City of Bend. The City of Bend Annexation Policy states that the City is able to provide adjacent areas with water supply facilities, with zoning, police, and fire protection, and with all the other municipal services, where such areas can be reasonably and economically provided with City services. J. The subject territory is adjacent to the city limits and the annexation agreement guarantees it will be provided with a full range of municipal services. K. Prior to the annexation's effective date the subject property will be brought into the City's Urban Growth Boundary pursuant to ordinances adopted by both the City Council and by the Deschutes County Board of Commissioners. Ordinance NS-2166 Page 1 of 5 C� J i EXHIBIT "F" - PAGE 2 OF 5 Based on these findings, the City of Bend ordains as follows: SECTION 1. That the territory containing approximately 26 acres including the Deschutes Market Road right of way fronting the site, which is depicted in Exhibit A and described in Exhibit B, is hereby annexed to the City of Bend. SECTION 2. This ordinance will become effective upon Certification of Occupancy of the Administrative Building by Deschutes County. Read for the first time the 1st day of June, 2011. Read for the second time the 15t" day of June, 2011. YES: 7 NO: 0 ABSTAIN: 0 Authenticated by the Mayor the 15th day of June, 20-11 Attest* Patricia Steil, City Recorder • Ordinance NS-2166 Page 2 of 5 EXHIBIT "F" - PAGE 3 OF 5 Pine Nunsery Park Forest Service Site - Subject Property tu MOMULL0 DR 0 CL Of In Iff 0 IM THORNHIL. LN OUTL-ER-Al K-T--RD A NASU pARK W-07 & BROCKLYN PL NCUN CT Uf DELYN PL ..... .... .. --4 C1 I Exhibit A PZ— -87 UGB Plan Amendment 161 2�i 4-1 `alas :rt -,kn�va- vl3tc-C'.- S -.n 'V.Cac vtcax_.-, e-C's -XC Ordinance NS-2166 Page 3 of 5 C� EXHIBIT "F" - PAGE 4 OF 5 Ex.1,1011. D Description of 5ublort Property Ec ool I-D-ijch alma Nintivil Rowe A slrlp of land, 60.00 foot'.vldo, in the wept ona-half of Socilon 2(t, 'I'c,r,isiifr, 17 ;'outh, F~.anne 12 i=Gast, b' dlamotte Motldl:sn, Nsohutos County, r rgxn, sags uIrlp be1nq mc;'o p(�rlictrlarly do�aflbt'(1 ns r'oll��ara: Thrif Prr1:01] Of Dos sirsloc h,ihtkut Rood u5 sjlwvim In (,; 8 46(Asi1, Dt-sciaute'v CQUI-It . Surrey Twwc,,,Io, ly°livj but unl) the f; �sil-orry ling of 13;1?'kf idlurket Road and title (a,stvlly o:?b:rr; cn of ShaS nru;l :u'•;tivath s}ulr; Ilan ;d l'area' 1 of i whI-1'an Plat No. 2007-74, r000ldix! itti farJ::1Ilwn)t N";c, 2007-(iQ=, f lesclttile3 CCAII-W Oflld(d R1-00fdS. !'.;rcel 2-U.-S. fares( Sm-,,co Na rl; A irod of kuid In tit:; aroc.t vrio-lilf of ft norlhw.s4 is m-c-ualtor (i; becilon 2$, ToviiWll r 17 f •uulh, hs:nf'Ifs 12 t.;uei, V1111amOtlo 1`060(Ila), Daschulm� Cournly, Orejon, ;suits trwl belnp air; to pnitftauW,, doborIWA +.3 follwie,! . i3a�lnning at I.he intemicllon of tho 1' outoriy lino of Doschiivm MmKol Road Its ahm-n In !vU"t'=g�11, Du�,(;`lUit�;i 4%ctrrlty �Uf1�C}' RUfi0i A;, 4 All ihC> mwl, tlf}ftNjorj% b(?r„lll Illjo Oi Pwual 1 of Pwtiil,n Phil No, 2007.74, rucortlr,d ut Voixmt d No, 201,7-6+328,. Dosuliutos £ u( mi.) Offluial Roae•fds; tlionoct itaalp'q 1ho bouruter,• of ; :tid Pareol 'I >•r?ong 'I'm toufacs: S.,13`W'26`;'J„ rt dIstunoo of 1072..10 feel; ilianca a 131sf-1ttcu of 4-19,i'•'1 foal; tllonco N.01'03',11SV ,, a dl8b4neo of 161,90 feet; lherior, S.ov,1'ivI " u'€t uit' (wnw of %M,6,&I foot to tho rioithorlf ilrl3it of ww/ of the Norlh Jnl1 4nln t"amil; Ihonw, lakrrll g Vm boufidtuy of hind 1111rcel I ar d tracing tho norlliarly rtfltl of v+ay of scald Nodh Utilt Main Canal .driiu the fo:1'c',vinig couaos. td.80'32'17"E., n dMIVIco of 7(U'M ft>ai; tholwp.. I'f.01°i3`c�'1"4'v'., a 613tnnce of 5.00 fool; iTrtyl*.00 N.W40*0 "F., to dt(tiar.•ce of 300.21 foot to ilia point of cum loft of a 7.57,1;4` foist rfi lluv cvrre; ti otneo long the nrrs of call ht IVO 101 11ir4tr911 0 curtlral ancl`o of 36'62'08', n dtstanoa of 1813 J3 That (ohofd boars N.7ti°4W2V'F-_ �i t1i8tan(!0 ef'.02.0 ieHi}; fllonco S.37"11"16" F-, a dist.neo of 5.00 fusit to Rio print of wrvo !oU of tt 3(y` '00 foo( rticilus rnvr kme,Iurnl •n—.nve; thaneo talcii,p the nm of snkl curia left ihrouglt aj vital ,11 of 221fW05", a cal:,ttmoo of 120.45 foot (chord Ix ars N A•f`22'4c'E_„ a dIstnticra (sf i 1 J.(?G ►ac t); thanc o N,2N'677 VE., a jishanca of 337.f;0 fot)t lu ffiu pol,1vo5 ouf�,e rifJ(nl Qf n 271,0t1 foot radlus cuwe; thonco mlonu tho nru of fluid ckn•;o right through a central 011 110 of 43°55'66`, a (3lslpncJ or 207.73 fool (clwo bocim h�,62`(t•i'+ta"F to that ltCh of 202,13H f9et); Ifteincu N.74°021r,+"E., a disianco of 4}`:tt N (Clot [0 Ih0 tvu:',t('IIy tin0 ct sn'<I Dosq;nutes b IWI Roml vis shwvv,'n C 16041, Dlosehuloq Cuoltty Sun•o'y( lit .old- ;; Ordinance NS-2166 Page 4 of 5 EXHIBIT "F" - PAGE 5 OF 5 tr3fico 10"Ing 4aid r:arthcfiyrig hl L�f nvriy, ftOV 13'St1'1: ol0t:;1 a� lci sYijsturly !Ittf,�, rt tllstwm, of 00.0 fult to ttYm'd01t1t a! BoUl:l:1410. Coni ilnO �S,t>7 00m, nuns, or la"'O. M(IMYaneu PRON UMICNAL "I,ill.D uuRVFYCR 41 .11,LY 10,(1-1} J08N A, CARL80Nt ;Wil I'tthEt4u WWI] Ordinance NS-2166 Page 5 of 5 0 EXHIBIT "G" - PAGE 1 OF 3 ORDINANCE NO. NS•2090 AN ORDINANCE ANNEXING 19.86 ACRES OF LAND AND 10 ADDITIONAL FEET OF RIGHT OF WAY LOCATED NORTH OF SKYLINERS ROAD, EAST OF SKYLINE RANCH ROAD INTO THE CITY FOR THE PURPOSE OF BUILDING AN ELEMENTARY SCHOOL, DECLARING AN EMERGENCY AND PRESCRIBING AN EFFECTIVE DATE OF February 6, 2008 WHEREAS, ORS 222.125 provides for annexation of real property to cities when 100 percent of the property owners and a majority of electors registered in the territory proposed to be annexed consent to said annexation; and WHEREAS, the City Council finds that 100 percent of property owners within the area to be annexed have filed a statement of consent to this annexation; and WHEREAS, the City Council has determined that there are no registered electors within the territory; and WHEREAS, the Council has elected to dispense with submitting the question of the proposed annexation of the below described territory to the electors of the City; and WHEREAS, the Council held a public hearing on September 19, 2007 to enable the public to appear and be heard on the question of annexation; WHEREAS, notice of the above hearing was published on September 9,2007, in the Bulletin, a newspaper of general circulation in the City of Bend and notices of the hearing were sent to owners of property within 100 feet of the subject territory; and WHEREAS, ten feet of additional right of way was added to Skyliners Road after the first reading; and WHEREAS, it is in the public benefit to include the additional 10 feet of right of way in the annexation area to construct a multi -use path; and WHEREAS, the below described territory is contiguous to the City limits of the City of Bend; and WHEREAS, the subject property was brought into the City's Urban Growth Boundary pursuant to ordinances adopted by the City Council and by the Deschutes County Board of Commissioners; now therefore THE CITY OF BEND DOES ORDAIN AS FOLLOWS: SECTION 1. That the territory containing 19.86 acres of land and 10 additional feet of right of way, which is described in Exhibit A and depicted in Exhibit B, is hereby declared to be annexed to the City of Bend: SECTION 2. This ordinance being necessary for the preservation of public safety, health and welfare, an emergency is declared to exist and this ordinance takes effect on February 6, 2008. Read for the first time the 161h day of January, 2008. Read for the second time the 6`h day of February, 2008. Placed into effect upon the 6th day of February, 2008. YES: 7 NO: 0 ABSTAIN: 0 Ordinance NS-2090 Page 1 of 3 EXHIBIT "G" - PAGE 2 OF 3 Authenticated by the Mayor the 6th day of February, 2008. Attest - Patricia Stell, City Recorder Bruce Abernethy, M Exhibit A Legal Description for Bend LaPine School District Re: Urban Growth Boundary Annexation December 28, 2007 Situate vo the southeast qua:4er of Section 35, Township 17 South, Ranee 11 East, W.r14, Deschutes County, Oregon aad being described as follows: Beginning at the intersection of the south ti&h of -way line of Sl.-7aer Road and the east he of stud Section 35, said point being North 0'14'01" East, a distance of 425.06 fee: Eom the southeast coiner of said Section 35, a found 3" brass cap, 0 below the top of asphalt is a monttr ent box, marked David Eva._ns & Associates 1990 PXS 1068, reset 2003, PT S 1052; thence on the sid soutb right-oE wq he the following courses: South 86°58'40" Wesr; a distance of 340.04 feat, thence Nord- 0' 15'57" East, a distance of 10.02 feet; thence Sou: b 86'58'40" West' a dsrarce of 1,231.6E feet; tbence leaning said south right-of_Way line North 03'01'20" West a distance of 7169 feet to the beginning of a tangeat 368,03 foot radius curve right; thence on said curve through a c'e-mrzil angle of 3°01'52" (long chord bears North 01'30'24" West, 19 47 feet) an arc distance of 19.47 feet to die end thereof; thence, North 0`00'32" Fast, a distance of 4.40.93 feet to the beginn rag of a tangent 545 00 foot radio car.* ve tight thence on said curve througb a central angle of 38'27'59" (long chord bears North 19°14`31" East, a distance of 359.06 feet) an arc dis-.ance of 365.89 feet to the end thereof; thence North 39'28'31" East a distance of 236.17 feet to the beginning of a non - tangent 860.00 foot radius left ( the radius bears _aorta 4G°2755" Last); thence on said curve through a central angle of •40'28'2 7" (long chord bears South 69'45`31" East, a distance of 594.84 feet) an arc distance of 607 38 feet to fan end thereof, thence South 89'59'28" East, a dstar_ce of 156.68 feet; thence South 0°00'32" West, a distance of 337 80 feet; thence \o_-th 89`5928" West, 2 distance of 60 00 feet; thence South 0°00'32" We ; a distance of 195.13 feet to the beginning of a tangent 11 00 toot radius carve right; thence on said curve trough a central angle of 35* 46'25" (long chord beats Soutb 17'53'44" West, 6 76 feet) an are distance of 6.87 feet .o the end thereoi and the begirinkg of a tangent 5953 foot radius curve left; thence on said curve through a central at:gle of 80'19'06" ( long chord South 4`36'16" Fast: 76.79 feet) an arc distance of 83.45 feet tot the end thereof thence South 0°00'32" West' a distance of 125 5 1 feel to a point on the north right-of-way line of Sk7liner Road; thence - orrh 86'58'40" East on said north right-of-way line, a distance of 650 86 feet to a point on the east line of said Section 35; thence South 0' 14TV West on said east section line, a distance of 7011 feet to the point of bcgiatrvng containing 19.86 acres, more or less. Together with -tat 10 foot road dedication of Skyhincc Road as dedicated on Pir*rition Flat 2007-83 recorded as instrument 2007-65925 Descl*utes County Records. LrE� i EReo— Ar�Or=;=SSlOi�L fhe basis of bcarin o£ this description is the Central Oregon Coordinate Scstetn LAND SUFNE i OR 1111 .�A`cGCiM W_',979 Y:lprojceclli-sC01t47fi1\Su.^ieylLe�al'•.R<•,;:cti ]lead rsNiac Sc: o! DutUGB 9-Ir.O; d« RENEVIAL GAI E: Dj5t' Ordinance NS-2090 Page 2 of 3 EXHIBIT "G" - PAGE 3 OF 3 Exhii'Dit B § S00 1"K' SKYLiYE R4A:CH RD S"A77YG7'VJ \705.95' � q I 0.77 lw ji. \,•EAST 1/4 COr'+.tF'_'R, 1 c29.C6' -- SEcnON 35, T77S, SCOl/1'01 i5' EXHIM R12_, Yf t, 0"0.00 I Jm WESTSlDE -trfr LOLO ST{rvlva�� � � a SCF'OOL h^ � LEGAL DESCRIPTIONS 1 LOCATED IN TSE Y4 Or SECTION 35, I o T.17S., R.7 1 E., LY.t ., Nas'59'2d"v{ cv ,•=re w `a g CITY OF BEND, 6o-po $ a z CESCNUTES COUNTY, sG ZDri.eow� N000D'Sa"c OREGON- w �60Co' I to 531.8p' nm 195� c1 l h� C7 20o d0'-� 265.13'.1125.51' NOO'00'32'E 5=00'32" wc0'32•' '139P.EG7S1Y. u �d5.6H'28"W a p*� rROF'i'"S5iCtYkL � � W6b LU'll) SURVEYORSCHOOL SITE r` - `� <`•^r V'1 h I 'G WSJ 1 N OttEcp'i CURVE TASL: :. 1. w o NO. I tEN. RAO. ANGLE 1 0i. 8�AR. CH. D. ! riQi CAi.E V. OAP?.c.TI _ .'> In75 Ct 0.87 11.00 ,3y '25"! 417'5'44` 6 < d.•'K'n'a1 wzl' iEf..^,_�: 31. 290) ' C2 1 d3.4$ 59.5&0'i9'06` 175.79 I g N C5 `6.30 SOFAS 50T52" 1SOT'3G'2: I C4 131S.531 C5 76. 79 11 id77,d'3S`I 5a2 ?'4T15' fat: I N CS 577.13 920.G01'6>6'32"I Sl2'Ot't2"O 56Z771 C^ 1 17 2lj 11,00 ,30'00'OJ"' CZ I19.i7 i3eE.05 �01'S'�" �61;TyQ'2 :"E I i9.�i C5S, C� SoS.89 S:S.CO;-. hT53•I Nt9'14'St'E rs 5d, CiC 607.38 860.GOI407d'27"1 589'c='M- 7594.N j p 2 ss `t6'•`�3:' S03"Ot'20'E 11.63'—+ .28.�..+. 3'� nu5roi'2G'w 17 s5 �\, e _ z� cs SL'?'100L PMMMIRTE'R RD. \ NOO'CO'32 E 41D9j I is EXHIBIT \NESTSIDE �SCI'CGL e;.:naz57iso 0"F a TCG : h , ; :. LEGAL DESCRIPTIONS OF 7 _ Q Ordinance NS-2090 Page 3 of 3 EXHIBIT "H" - PAGE 1 OF 4 ORDINANCE NO. NS-2214 . AN ORDINANCE ANNEXING 33.82 ACRES OF LAND LOCATED NORTH OF SKYLINERS ROAD, EAST OF SKYLINE RANCH ROAD INTO THE CITY FOR THE PURPOSE OF BUILDING A MIDDLE SCHOOL, DECLARING AN EMERGENCY AND PRESCRIBING AN EFFECTIVE DATE OF FEBRUARY 19, 2014. Findings A. ORS 222.125 provides for annexation of real property to cities when 100 percent of the property owners and a majority of electors, if any, registered in the territory proposed to be annexed consent to said annexation. B. The City has received an application for annexation of the territory shown on Exhibit A and described on Exhibit B (the "Area"). B. One hundred percent of property owners within the Area have filed a statement of consent to this annexation. C. There are no registered electors within the Area. D. Council has elected to dispense with submitting the question of the proposed annexation of the Area to the electors of the City. E. Council held a public hearing on February 5, 2014 to enable the public to appear and be heard on the question of annexation. F. Notice of the hearing was sent to owners of property within 250 feet of the Area. G. The Area is contiguous to the City limits of the City of Bend. H. The applicant has entered into an Annexation Agreement with the City which includes dedication of right of way for City streets and construction of specific public facility improvements. I. The Area is being brought into the City's Urban Growth Boundary pursuant to ordinances being adopted by the City Council and by the Deschutes County Board of Commissioners. Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS: SECTION 1. The territory containing 33.82 acres of land, depicted in Exhibit A and described in Exhibit B, is annexed to the City of Bend, subject to the provisions of the Annexation Agreement. SECTION 2. This ordinance is necessary for the preservation of public safety, health and welfare, and an emergency is declared to exist. This ordinance takes effect on February 19, 2014. Ordinance NS-2214 Page 1 of 4 EXHIBIT "H" - PAGE 2 OF 4 First reading: February 5, 2014. Second reading and adoption by roll call vote: February 19, 2014 YES: Mayor Jim Clinton NO: none Councilor Jodie Barram Councilor Scott Ramsay Councilor Mark Capell Councilor Victor Chudowsky Councilor Doug Knight Councilor Sally Russell rh� �Ll Jim t1ion, Mayor Attest: Robyn C'Aristie, City of Bend Recorder Approved as to form: Mary(VVinters, City Ordinance NS-2214 Page 2 of 4 z EXHIBIT "H" - PAGE 3 OF 4 EXHIBIT A 0 z a pluls 1511 1 1 (PMSAS 31VNI06DOO ND03W WHIN33) SON030 JD SIM tK (3YQ6'LL9E 3.0,1 9N) W g (0 9IV99L 1W,LCN) �_ of I >R (03.10.WN) o IS 1 !(a)SI949L HJUSLOS J l — - — i. 49 rCfl1,05 a t01LAN 'tiOZ M1 mr nS CPA 142N is �ma,� ! -ld AA ,EANV •� (V) ant • 6' \ t M.C`L�C40S �' K D mr,CQCG) Annexation 1.0 Area 1 •e _ �e IP1 �' lV -Vol �RVr a 4,ZF N MMr � i, n� I1 1 (Y)(3,r:1,CL.ON) 9,SO,fLON u �I Ordinance NS-2214 Page 3 of 4 EXHIBIT "H" - PAGE 4 OF 4 EXHIBIT B A TRACT OF LAND BEING A PORTION OF PARCEL 1, PARTITION PLAT NO. 2007-83, RECORDED DECEMBER 27, 2007 IN CABINET 3, PAGE 545, DESCHUTES COUNTY PARTITION RECORDS, LOCATED IN THE SOUTHEAST ONE -QUARTER (SE114) OF SECTION 35, TOWNSHIP 17 SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing from a found 2 inch iron pipe marking the northeast corner of said SE1/4; thence along the east line of said SE1/4, South 0013'54" West, 89.09 feet to a point of intersection of the northwesterly right-of-way of Northwest Crossing Drive and the westerly right-of-way of Skyline Ranch Road, being the True Point of Beginning; thence leaving said northwesterly right-of-way of Northwest Crossing Drive, continuing along said east line of the SE1/4 and westerly right-of-way of Skyline Ranch Road, South 0°13'54" West, 2033.55 feet to a point of intersection with the northerly right-of-way of Skyliners Road; thence leaving said east line of the SE1/4 and the westerly right-of-way of Skyline Ranch Road, along said northerly right-of- way of Skyliners Road, South 86°58'33" West, 650.89 feet to the southeast corner of Parcel 2 of said Partition Plat No. 2007-83; thence leaving said northerly right-of-way of Skyliners Road, along the easterly and northerly boundary of said Parcel 2 of said Partition Plat No. 2007-83 the following five (5) courses and three (3) curves: North 0°00'25" East, 115.50 feet to a point of non -curvature; thence along the arc of a 59.53 foot radius curve to the right, an arc distance of 83.50 feet, through a central angle of 80021'52" (the chord of which bears North 04°35'19" West, 76.82 feet) to a point of reverse curvature; thence along the arc of a 11.00 foot radius curve to the left, an arc distance of 6.83 feet, through a central angle of 35°34'16" (the chord of which bears North 17047'52" East, 6.72 feet) to a point of tangency; thence North 0°00'25" East, 195.13 feet; thence South 89°59'35" East, 60.00 feet; thence North 0°00'25" East, 337.80 feet; thence North 89°59'35" West, 156.68 feet to a point of tangent curvature; thence along the arc of a 860.00 foot radius curve to the right, an arc distance of 607.39 feet, through a central angle of 40°27'57" (the chord of which bears North 69°45'38" West, 594.84 feet) to a point of non -tangency; thence leaving said boundaries of Parcel 2, North 49021'40" West, 5.00 feet to a point of non - tangent curvature; thence along the arc of a 1650.00 foot radius curve to the right, an arc distance of 322.18 feet, through a central angle of 11011'15" (the chord of which bears North 44004'02" East, 321.67 feet) to a point of tangency curvature; thence North 49'39'40" East, 1207.09 feet to a point of tangent curvature; thence along the arc of a 836.00 foot radius curve to the right, an arc distance of 211.85 feet, through a central angle of 14°31'09" (the chord of which bears North 56°55'14" East, 211.28 feet) to the True Point of Beginning. This description contains 33.82 acres, more or less. Herein bearings are based upon the Central Oregon Coordinate System. Ordinance NS-2214 Page 4 of 4 EXHIBIT "I" - PAGE 1 OF 5 ORDINANCE NO. NS 2304 ORDINANCE ANNEXING APPROXIMATELY 17.83 ACRES OF LAND AT THE SOUTHEAST CORNER OF THE OB RILEY ROAD AND COOLEY ROAD INTERSECTION INCLUDING THE RIGHT-OF-WAY FOR COOLEY ROAD ADJACENT TO THE SITE AND. OB RILEY ROAD RIGHT-OF-WAY ADJACENT TO THE SITE AND EXTENDING TO THE EXISTING CITY LIMITS INTO THE CITY FOR THE PURPOSE OF BUILDING AN ELEMENTARY SCHOOL, DECLARING AN EMERGENCY AND PRESCRIBING AN EFFECTIVE DATE OF MARCH 21, 2018. Findings A. Bend Development Code Section 4.9.400A.1 provides for annexation of real property to cities when 100 percent of the property owners and a majority of electors, if any, registered in the territory proposed to be annexed consent to the annexation. B. The City has received an application for annexation of the territory shown on Exhibit B and described on Exhibit A (the "Area"). B. One hundred percent of property owners within the Area have filed a statement of consent to this annexation. C. There are no registered electors within the Area. E. Notice of the hearing was published in the Bend Bulletin on Sunday, February 18, 2018 and Sunday February 25, 2018. In addition, the notice was posted in four public places in the t City for a like period and a land use action sign was posted on the property on February 19, 2018. Notice was also sent on February 16, 2018, to the Boyd Acres Neighborhood Association representative, and to surrounding owners of record of property within 250 feet of the subject property, as shown on the most recent property tax assessment rolls. D. Council held a public hearing on March 7, 2018 to enable the public to appear and be heard on the question of annexation. F. The Area is contiguous to the City limits of the City of Bend because OB Riley Road right of way is part of the annexation area. H. The applicant has entered into an Annexation Agreement, attached as Exhibit 3, with the City which includes dedication of right of way for City OB Riley Road, Cooley Road and a local street and construction of water and transportation improvements. Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS: SECTION 1. The territory containing approximately 17.83 acres of land, depicted in Exhibit B and described in Exhibit A, is annexed to the City of Bend, subject to the provisions of the Annexation Agreement (Exhibit 3). SECTION 2. In addition to the findings set forth above, the City Council adopts the findings in Exhibit 4. Ordinance NS-2304 Page 1 of 5 EXHIBIT "I" - PAGE 2 OF 5 SECTION 2. This ordinance is necessary for the preservation of public safety, health and welfare, and an emergency is declared to exist. This ordinance takes effect on March 21, 2018. First reading: March 7, 2018. Second reading and adoption by roll call vote: March 21, 2018. YES: Casey Roats, Mayor Sally Russell Bruce Abernethy Bill Moseley Nathan Boddie Justin Livingston Barb Campbell Attest: 24ak& Robyn Christie, City Recorder Approved as to inters NO: none Casey' oats, Mayor Ordinance NS-2304 Page 2 of 5 • EXHIBIT "I" - PAGE 3 OF 5 EXHIBIT A New Elementary School Legal Description for Annexation A parcel of land situated in the Southwest One -quarter of Section 8, ilia Northwest One -quarter of Section 17, and the Northeast One -quarter of Section 17, all being within Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows; Beginning at the North One -quarter confer of said Section 17; said corner being monumented by a 3" brass cap; thence along the north -south center line of said Section 17, S 00° 05' 26" W, 482,99 feet to the southwest corner of the property of Harold G, Johnson, et ux, as described in deed recorded in Book 170, Page 214, Deed Records of Deschutes County, Oregon; thence continuing S 00° 05' 26" W, 0.50 feet to a point of curvature; thence along the arc of a 170.00 fool radius curve to the left, through a central angle of 22" 19' 54", an arc distance of 66.2E feet (the chord of which bears S 110 04' 31" E, 65,84 feet) to a point of reverse curvature; thence along the are of a 230.00 foot curve to the right, through a central.angle of 221 19 64", an are distance of 89.64 reel (ilia chord of which bears S 11 ° 04' 31" E, 89..08 feet) to a point of tangency; thence along a line parallel to and 30,00 feet easterly of said north -south center line of Section 17, S 000 05' 26" W, 335.04 feet to a point of curvature; thence leaving said parallel lino, along the.arc of a 230,00 foot radius curve to the right; through a central angle of 29' 35' 31", an arc distance of 118.79 feet (the chord of which bears S 14' 63' 12" W, 117.47 feet) to a point on said north -south center line of Section 17; thence continuing along the arc of 230.00 foot radius curve to the right, through a central angle of 29' 22' 24', an arc distance of 117.91 feel (the chord of which bears S 44° 22' 09" W, 116.63 feet) to a point of non -tangent curvature; thence along an arc, being 10.00 feet easterly of and parallel to the easterly right of way of the Old Dalles-Callfomla Highway (O.B. Riley Road), said arc bring a 1,040,00 foot radius curve to the right, through a central angle of 05' 43' 2C", an are distance of 103.90 feet (the chord of which bears S 24' 35' 34" E, 103.85 feet) to a point. of non -tangency, said point being on the north line of Parcel 11 of ihat property described In Statutory Warmly D. recorded September 7, 2011 as Instrument Number 2011-31397 of the Deschutes County Official Records; thence along said north line, S 8W 10' 57" W,10,22 feet to a point on said easterly right of way of O.B. Riley Road and a point of non -tangent curvature; thence along said easterly right of way for the following seven courses, said right of way being 30.00 feet east of the center line of O.B. Riley Road., along the arc of a 11,030.00 foot radius curve to the right, through a. central angle of 08' 3611911, an arc distance of 154.70 feet (ilia chord of which bears S 17° 32' 44" E, 154,55 feet) to a point of tangency; thence S 13" 14' 34" E, 98.55 feet to a point of curvature; thence along the arc of a 970.00 foot radius curve to the left, through a central angle of 13" 55' 691, an arc distance of 235.88 feet (the chord of which bears S 20" 12' 35" E, 236,30 feet) to a point of tangency; thence S 270 10' 34" E, 561.23 feet to a point of curvature; thence along the arc of a 970.00 foot radius curve to fhe left, through a central angle of 04' 48' 37", an arc distance 81.43 feet (the chord of which bears S 29° 34' 63" 1-, 81.41 feet) to a paint of tangency; thence S 31 ° 69' 11' E, 278.49 feet to a paint of curvature; thence along Elie etc of a 465.00 foot radius curve to the right, through a central angle of 15° 15' 46", an arc distance of 121,21 feet (the chord of which bears S 24° 21' 18" E. 120.85 feet) to the intersection of said easterly right of way and the south line of the Northeast One -quarter of said Section 17, and a point of non -tangency; thence along said south line, N 89" 54' 11" W, 63.12 feet to the intersection of said south line and the westerly right of way of said O.B. Riley Road, said westerly right of way being 30.00 feet west of the center line of O.B. Riley Road, said point 641.385,4772 im ON-865.0847 (tax) in 963 SW Simpson Memo, Sago 200 m Rend, Aragon 97702 a www.dowl.com Ordinance NS-2304 Page 3 of 5 EXHIBIT "I" - PAGE 4 OF 5 (_e't M Doserlp ion for Annrmotim i Pago 2 of 2 being a point of non-langent curvature; thence along said westerly right of way for the following twelve courses, along the arc of a 395.00 foot radius curve to the left, through a central angle of 120 36 44". an arc distance of 86.96 feet (the chord of which bears N 25` 40' 49" W, 86.77 feet) to a point of to*ngency, thence N 31 a 69' 1 V W, 278.49 feet to a point of curvature; thence along the arc of a 1,030.00 foot radius curve to the right, through as central angle of 040 48' 37", all arc distance of 86.47 feet (the chord of which bazars. N 29" 34' 53" W, 86,45 feet) to a point of tangency; thence N 270 10' 34" W, 551.23 feet to a point of curvature; thence along the arc of a 1,030.00 foot radius curve to the right, through a central angle of 13' 55' 59", an arc distance of 250,47 feet (the chord of which bears N 209 12` 35" W, 249.86 feet) to a point of tangency; thence N 13" 14' 34" W, 98.55 feet to a point of curvature; thence along the arc of a 970,00 font radius curve to the left, thraUgh a central angle of 29° 53' 24", an arc distance of 506M feet (the chord of which boors N 280 1111611 W, 500,31 feet) to a point of tangency; thence N 430 07' 69" W, 216.61 feet to a point of curvature; thence along the arc of a 530,00 foot radius curve to tine right, through a central angle of 250 25' 59", an arc distance of 235.26 feet (the chord of which bears N.30" 2V 00" W, 233.33 feet) to a paint of tangency; thence N 17" 41' 59" W, 343.13 feet to a point of curvature; thence along the arc of a 970.00 foot radius curve to the left, through a central angle of 16" 52' '12", an arc distance of 285.01 feet (the chord of which bears N 260 08' 05" W, 284.58 feet) to the intersection of said westerly right of way with the line common to the Northwest One -quarter of said Section 17 and the Southwest caner -quarter of said Section 8; thence continuing along the arc of a 970.00 foot radius curve to the left, through a central angle of 02' 10' 68", an are distance of 36.95 feet (the chord of which bears N 35' 39' 41" W, 36.95 feet) to a point of non -tangency; thence leaving said westerly right of way, 8 8W, 56' 23" E, 85.86 feet to the Intersection of the easterly right of way of said 0.B..Riley Road and the northerly right of way of Cooley Road, as described in Bargain and Sale Deed recorded December 30, 2009 as Instrument Number 2009-54972, Deschutes County Official Records; thence along said northerly right of way, S 890 56' 23" E, 770.14 feet; thence leaving said northerly right of way, S 00" 00' 51" W, 30.00 feet to the North On"uarter corner of said Section 17 and the point of Beginning. Said prarcal contains 17.83 acres, more or lass. PROFESSIONAL LAND SURVEYOR quL_-e 1-1. :200 l STEVEN R. HANNAS s-30— Ordinance NS-2304 Page 4 of 5 Annexatl Area EXHIBIT "I" - PAGE 5 OF 5 EXHIBIT B el Ito X TAX MAP 1712 00 TAX MAP 1712000 00 51 -600LEY-AbAD *7 jog or Uq1e11"Jill A 1/4 copumv lAA wr it 14 Ila TAX MAP17 121TA 7 .21 A O 4W 114C A14NEXATIM4 AEVANSON EX PANSION BOUNDARY IS RA5ED MJ FIELD SURVEYED YEA5URELCHTS LOW- sic 17 SURVEYED COMPLETM HY DftL THIS 335.04' BOUNDARY 15 OWFLAID CiN TAXILOT MAP IMAGF5 AS NEST As POFS151Z SWE DEVIATIONS ARF NOTE- 0, AND EXPECTED,SMAFEN TAF SURVEY ONES AND TAX MAf NFORMAT11N. an 250 O 250 — — — — — — — — — — — — ter SCALE- IN FEET T-- z­War_ -17 ilea CURVE'rABLE clm', W"11,11 0-4 Vitt. r I Cl 66'411'OW JI'L 0-64 4r, 176 4' Cl 62-64 121U0 W ;9' W 511' 0- 11-i ",03 03 11&79 220.00 24' ;55- 31- rW W! 12-1, f17-47 MCI V4 "T r -W 111.01 2�100 LUk CS 10:110 10411-00 "1 43' 26, 1 $L24- 15. 3LrIJL85 'Ti;- ! - - I 27&IV C-. 10K%ou v Z61 t� ' $37'&* A 1. rt!� . .1 . . C"I VVIA'd 910.1)() is, SS' W-1 120112-35r 7-14-30 1'fl -t 1411"9Ww"i $0m kin. JK 27v 3' 1/4. SZ'G q 2-'�L —'Tt 2,1 o r. ifa R. wr -t 00 (16.05 31$.(Jfl I2'3" 44' 1435'4Y 4.4'* 007 C11 04,47 jlorttOq 4-45-37- 1120-34-53-W jift)'45 fay 25'sA7 mv 1-11 247,6& 10600 xw V 24' 425* It' 1'*Vf m"31 r13 Vic 74- 23516 anam V iy 69' 113v Ily 0 -W 23533 em ini mr 52, Q.- 112v aiii 36.9570-00 2* 30' 11' aw 3, {3Lt:N VISTA ROAD y f NEW ELEMENTARY SCHOOL o-OWL Wm v/ ANNEXATION EXHIBIT ---I SlItAign—mm LOWED IN THIi SWIA Sti,' 0. TH4 hilil 19 69C,17, AND IME 17F. EXHIEUT 'T. IM RIK., VVM,, 0 CSOMM-6 MINTY, ORW-.*N Ordinance NS-2304 Page 5 of 5 �E S C9 o�. G2� 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 23, 2020 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: PUBLIC HEARING - Consideration of Board Signature of Order No. 2020-011, Surrendering Jurisdiction of Various Roads to the City of Bend, Oregon RECOMMENDATION & ACTION REQUESTED: Motion for approval of Order No. 2020-011. BACKGROUND AND POLICY IMPLICATIONS: Pursuant to the Revised Joint Management Agreement regarding the Area Within the Bend Urban Growth Boundary ("JMA") (Document No. 2017-423), county roads within the urban growth boundary of the City of Bend are to be annexed contiguously and jurisdiction of those roads is to be transferred to the City upon annexation. Since 2007, the City has executed at least eight annexations that included or impacted a total of portions of the following county roads (4.32 miles total): • N E 18th Street • Yeoman Road • Cole Road • Deschutes Market Road • Butler Market Road • NE Purcell Boulevard • Skyliners Road • O.B. Riley Road • Cooley Road Pursuant to the JMA, jurisdictional transfer of said roads to the City is required. The jurisdictional transfer shall be administered according to ORS 373.270. In accordance with ORS 373,270 and Resolution No. 2020-013, a Public Hearing is being held on August 19, 2020 for interested parties to offer testimony regarding the jurisdictional transfer. Upon closing the public hearing, the Board will consider Order No. 2020-011, which will surrender jurisdiction of said roads to the City of Bend. FISCAL IMPLICATIONS: Upon adoption of appropriate legislation by the Bend City Council, said roads will become city roads and Deschutes County will no longer operate, maintain, or hold jurisdiction over said roads. ATTENDANCE: Cody Smith, County Engineer