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2021-241-Order No. 2021-019 Recorded 6/18/2021REVIEWED W M VIv LEGAL COUNSEL Recorded in Deschutes County CJ2021-241 Nancy Blankenship, County Clerk Commissioners' Journal 06/18/2021 11:30:01 AM ii02i241iummuuiumuii BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Stevens Road Annexation into Bend Park & Recreation District * ORDER NO.2021-019 WHEREAS, Stevens Ranch, LLC ("Petitioner") submitted a petition requesting annexation of property, identified in Exhibit A in the petition attached to this Order, into Bend Park and Recreation District ("District") and the District approved this petition; and WHEREAS, the Deschutes County Clerk's Office and Assessor's Office verified that the petition was signed by either a registered voter or a landowner, respectively, for the property as indicated in Exhibit B in the petition attached to this Order; and WHEREAS, pursuant to ORS 198.857(4), the Deschutes County Community Development Department determined the petition is consistent with the Deschutes 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 June 16, 2021, to determine whether, in accordance with the County Comprehensive Plan, 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 petition for annexation and all exhibits attached to this Order are hereby incorporated by reference. Section 2. The petition for annexation is hereby approved, and the property identified in Exhibit A 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 park and recreation services. PAGE 1 OF 2- ORDER NO. 2021-019 Dated this day of 2021. ATTEST: Recording S retary PAGE 2 OF 2- ORDER NO.2021-019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, CHAIR PHIL CHANG, VIC�CA�IR� I--- &L PATTI ADAIR; COMMISSIONER EXHIBIT A Schwabe WILLIAMSON & WYATT ,_ April 29, 2021 By HAND DELIVERY Deschutes County I.,egal Counsel 1300 NW Wall Street, Suite 205 Bend, OR 97703 RE: Petition to Annex 21425 Stevens Road to Bend Park and Recreation District Our File No.: 1.26189-255108 Enclosed is the fully executed Petition to Annex 21425 Stevens Road (Stevens Ranch UGB Master Plan) to the Bend Park and Recreation District together with Check No. 238893 made payable to Deschutes County in the amount of $100.00 for the security deposit. Please process this application as soon as possible and let me know if there are any questions or concerns. Thank you. a.iae�•c: I �� 1 - Tia M. Lewis TML Enclosure TITION TO ANNEX PROPERTY INTO Bend Park and Recreation District (Name of District) T To: The Board of County Commissioners, Deschutes County, Oregon The undersigned, in support of this Petition, state as follows: 8 This PeUh»» for Annexation is filed pursuant to ORS 198850 to 198,858 on --------- �kV and Petitioners request the Board commence proceedings �o annex �he harh�ory � described herein into (name o/dmAYoV Deschutes County, Oregon, 2. This Petition for Annexation affects only Deschutes County and is not in any incorporated city limits The Board of Bend Park and Recreation District (name of district) approved the petition pursuant to ORS 198.850 on (insert date). The principal act for _Bend Park and Recreation District (name o/district) inORS 286.010 Proper statutory reference required, see ORS /98o/ofor listing mappropriate principal act) 5, The hanimry subject to this Petition for Annexation is pnnmnk/ inhabited <uCnin�h�abite� circle one) This petition is signed by land owners and/or registered voters in the area proposed to be annexed as indicated opposite their respective signature, and all signatures were obtained on orafter the day of, 2021 6 The property street addraas(en)ofland for annexation (if known) is/are B ( and the total acreage is T/��O� A description of the boundaries of the territory to be annexed is attached hereto as Exhibit "A" and depicted on the map attached as Exhibit "B". 7, This Petition has been signed by at least 15 percent of the electors, or 100 electors whichever number is |eyoo/, registered in the area proposed to be annexed, o/ at least 15 owners o/ owners o/ 10 percent of the land, (whichever in greater) within the area proposed to be annexed 8. A security deposit form and payment is attached to this petition. Yby . Chie/Petitioner(s) ( A9[?K9Address, City, State, ZIP 0QFDthis 23day of AP .2"� DATED this day of .2U Approved btha4-4*�#-o­f(Print Name) ���~�—�� (it applicable) Approved byCity of City Signature 8y ����TTitle n.vi(7 |«w/("vn"/|xmxvw^x,I "* mi Wm/onwm` /^x�nu,'nm.urk^vo"/"J,^»"^^m, f4unO3 S910DUV S01 g"Vp3 - oilqnd AjejoN Ett 96tZN 'WWOO M. p1w )�VJ4 rfit jo i1'p G�o fill 0 IsIP1 I'll!IQ 10 '111(, 9 rW ('�P 7 wt ill 01 PIP U01111A 'up patj',�u oil%% put tiottit:'d Itil pajtft, I till 7., P2 (A LO jd U.1 0 p E F a. to EXHIBIT A Security Deposit SEL 704 Special District Formation or Reorganization ev 01/18 OR sr198.715 ( Formation Annexation (] Withdrawal ( ] Dissolution District and Precinct Information Name of District Bend Park and Recreation District Number of Precincts in District Amount of Deposit per Precinct Total Deposit (max of $10,000) Chief Petitioners I/We hereby declare if the costs of the attempted formation<onnexatio withdrawal or dissolution of _} district exceeds the deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198J7511 Name print Signatur�l Residence I M ling Ad"�`if different 7? 1 S iirca (.'anyon Road, Suile 7 City State Zip Code City State ( Zip Code Diann nd Hal, Cn 91 789 Amount of Contribution/Value of Secured Deposit Kind of Contribution* t 00 ®® ? [...� Cash i I [J Bond _ (I-) Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code j City state , Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution" �) Cash 1 [_j Bond (�] Other Security Deposit Name prink Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit j Kind of Contribution* [ __) Cash ([ ) Bond (. Other Security Deposit Continued on the reverse side of this form EXHIBIT A Person/Organizations providing Any part of Cash/Security Deposit Name print _ Signature Residence Mailing Address if different City ) State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* I ( J Cash ] Bond (_� Other Security Deposit Name print Signature Residence Mailing Address if different City _State (Zip Code � City I State __.Zip Cade Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash { _� Bond J Other Security Deposit Name print Signature I Residence Mailing Address if different _. City state Zip Code City State i Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash ( j Bond [ J Other Security Deposit Additional Description 'Provide additional &%cription of security deposit below, on the back of this, forty) or on separate sheets. Additional contributors may be listed on separate sheets and attached. EXHIBIT A EXHIBIT A ANNEXATION DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER (NE1/4), THE WEST ONE-HALF OF THE SOUTHEAST ONE -QUARTER (W1/2 SE1/4) AND THE WEST ONE-HALF (W1/2) OF SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE -SIXTEENTH CORNER COMMON TO SECTION 2 AND SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST, MARKED BY A 2 1/2 INCH ALUMINUM DISC STAMPED "1/16 — 1980 - PLS 1020", THENCE SOUTH 89° 26' 37" EAST, ALONG THE NORTH LINE OF SAID SECTION 11, 163.86 FEET TO THE NORTHERLY RIGHT OF WAY OF A.E. STEVENS ROAD (25.00 FEET FROM CENTER LINE) AND A POINT OF NON -TANGENT CURVATURE, - THENCE LEAVING SAID NORTH LINE, ALONG THE NORTHERLY RIGHT OF WAY OF A.E. STEVENS ROAD, ALONG THE ARC OF A 598.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 19' 16' 26", AN ARC LENGTH OF 201.16 FEET (THE CHORD OF WHICH BEARS NORTH 81' 15' 00" EAST A DISTANCE OF 200.22 FEET) TO A POINT OF TANGENCY; THENCE SOUTH 89' 06' 47" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY, 2312.18 FEET TO A POINT ON THE NORTHEASTERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY OF A PG&E TRANSMISSION GAS LINE, SAID POINT BEARS NORTH 18° 22' 26" EAST, 19.83 FEET FROM A 2 INCH ALUMINUM DISC STAMPED "BECON"; THENCE SOUTH 18° 22' 26" WEST, ALONG SAID NORTHEASTERLY PROLONGATION AND THE WESTERLY RIGHT OF WAY OF SAID PG&E TRANSMISSION GAS LINE, 5,557.09 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF W.J. McGILLVRAY ROAD (20 FEET FROM CENTERLINE), SAID POINT BEARS NORTH 18' 22' 26" EAST, 21.03 FEET FROM A 2 INCH ALUMINUM DISC STAMPED "BECON"; THENCE LEAVING THE WESTERLY RIGHT OF WAY OF SAID PG&E TRANSMISSION GAS LINE, NORTH 89° 36' 19" WEST, ALONG THE NORTHERLY RIGHT OF WAY OF W.J. McGILLVRAY ROAD, 979.96 FEET TO THE NORTHERLY RIGHT OF WAY OF FERGUSON ROAD (20 FEET FROM CENTER LINE); THENCE LEAVING SAID W.J. McGILLVRAY ROAD RIGHT OF WAY, NORTH 89' 36' 19" WEST, ALONG THE NORTHERLY RIGHT OF WAY OF FERGUSON ROAD, 1305.79 FEET TO THE EASTERLY RIGHT OF WAY OF M.W. WILSON ROAD (20 FEET FROM CENTER LINE); THENCE LEAVING SAID FERGUSON ROAD, NORTH 00- 41' 32" EAST, ALONG THE EASTERLY RIGHT OF WAY OF M.W. WILSON ROAD, 2629.01 FEET; 541-385-4772 ® 800-865-9847 (fax) m 963 SW Simpson Avenue, Suite 200 m Bend, Oregon 97702 w www,dowl.com .■ THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY OF SAID M.W. WILSON ROAD, NORTH 00° 41' 54" EAST, 1769.49 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF A.E. STEVENS ROAD (25 FEET FROM CENTERLINE); THENCE LEAVING THE EASTERLY RIGHT OF WAY M.W. WILSON ROAD, NORTH 60- 55' 13" EAST, ALONG THE SOUTHERLY RIGHT OF WAY OF A.E. STEVENS ROAD, 1497.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER (NE1/4 NW1/4) OF SAID SECTION 11; THENCE LEAVING THE SOUTHERLY RIGHT OF WAY OF SAID A.E. STEVENS ROAD, NORTH 00° 37' 48" EAST, ALONG SAID WEST LINE, 138.90 FEET TO THE NORTH LINE OF SAID SECTION 11 AND THE POINT OF BEGINNING; HEREIN DESCRIBED TRACT OF LAND CONTAINS 365 ACRES, MORE OR LESS. BASIS OF BEARINGS IS SOUTH 89' 26' 37" EAST BETWEEN THE NORTHWEST CORNER OF SECTION 11 AND THE WEST ONE -SIXTEENTH CORNER COMMON TO SECTIONS 2 AND 11. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON DECEMBER 11, 2012 BRIAN C. COURSEN 86998 Renews: 12-31-2021 LOCATED IN THE NORTHEAST 1/4, WM 17' 'SOUTHEAST 1/4, AND WEST 1/2, OF SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. l_�11111J ZIN TJ[POINT OF BING rrl WEST 1/16 CORNER COMMON/- NORTHERLY RIGHT OF WAY — TO SECTIONS 2 AND 11 STEVENS ROAD NORTH LINE SECTION 11 S89'26'37"E 163.86' REED MARK T BASIS OF BEARI GS I 1 ROAD 3_ .,, __ LEGEND '11 N00'37 48 E � % j S89'06 47'E 2312.18' 14 --— -- iR=598.00' L=201.16', j c'019'16'26" S' p �' CH=N81'15'00"E. 2/00.22'j a. J 6 5 i WEST LINE NE1/4 NW1/4 4Z SECTION 11Nc xx i o LLI , m / ; N Ln j i o i 800 0 / i irn SCALE IN FEET /;(I /ro EASTERLY RIGHT OF WAY // M.W. WILSON ROAD i N /FERGUSON o / jORTHERLY RIGHT OF WAY ?j ;' i ROAD N89'36'19"W , % ' ,' N89'36'19"W/J 1305.79' / 979.96' AREA TO BE ANNEXED W W W.DOWL,COM 14 NORTHERLY RIGHT OF WAY W.J. McGILLVRAY ROAD ANNEXATION EXHIBIT STEVENS RANCH REGISTERED PROFESSIONAL LAND SURVEYOR C��O' (2.- OREGON DECEMBER 11, 2012 BRIAN C. COORSEN 86998 RENEWS: 12/31/2021 SIGNED: 5 Z-1 PROJECT DATE 11721 111121 11LL12 14T13 963 SW Simpson Avenue,#200 Bend, Oregon 97702 541-385-4772 BEND,OREGON WNSWIlawo. 1300 NW Wall Street, Bend, Oregon 97703 (541) 388-6508 FAX (541) 382-1692 May 24, 2021 Nancy Blankenship Deschutes County Clerk Re: Petition for Annexation to Bend Park & Rec District (Stevens Ranch LLC) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, L4, 1.s Gregg Rossi Chief Cartographer Deschutes County Assessors Office r a Petition for Annexation to Bend Metro Park and Recreation District (Stevens Ranch, 21425 Stevens Road, Bend) Clerk's Certification I, Nancy Blankenship, Deschutes County Clerk, do hereby certify that the signatures on the attached petition sheet are not voters within the proposed area to be annexed. There are zero (0) voters within the proposed area to be annexed. There are zero (0) valid signatures on the attached petition within the area proposed for annexation. Dated this 21 st day of May, 2021. Nancy Blankenship Deschutes County Clerk 1300 NW Wall Street Suite 202 1 PO Box 6005 Bend, Oregon 97708-6005 (541)388-6547• elections@deschutes.org 1 (541) 388-6549 • recording@deschutes.org www.deschutes.org/clerk EXHIBIT C TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager DATE: May 20, 2021 SUBJECT: Land Use Compatibility / Bend Parks and Recreation District The materials contained in the petition to annex 21425 Stevens Road 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 Bend Parks and Recreation 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." -� E S CMG Z Q 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 June 16, 2021 DATE: May 27, 2021 FROM: Pauline Word, Legal, 541-388-6622 TITLE OF AGENDA ITEM: PUBLIC HEARING and Consideration Order No. 2021-019 Stevens Ranch Annexation to Bend Park & Recreation District RECOMMENDATION & ACTION REQUESTED: Hold hearing and approve BACKGROUND AND POLICY IMPLICATIONS: Stevens Ranch LLC submitted a petition to annex land into Bend Park & Recreation District. The District approved the petition. The Assessor's Office and County Clerk certified the petition and Community Development reviewed it for consistency with the County's comprehensive plan. FISCAL IMPLICATIONS: None ATTENDANCE: Dave Doyle, Legal Counsel v (E S C0G Z Q 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 June 16, 2021 DATE: May 27, 2021 FROM: Pauline Word, Legal, 541-388-6622 TITLE OF AGENDA ITEM: Public Hearing and Consideration Order No. 2021-019 Stevens Ranch Annexation to Bend Park & Recreation District RECOMMENDATION & ACTION REQUESTED: Hold hearing and approve BACKGROUND AND POLICY IMPLICATIONS: Stevens Ranch LLC submitted a petition to annex land into Bend Park & Recreation District. The District approved the petition. The Assessor's Office and County Clerk certified the petition and Community Development reviewed it for consistency with the County's comprehensive plan. FISCAL IMPLICATIONS: None ATTENDANCE: Dave Doyle, Legal Counsel