2021-421-Order No. 2021-041 Recorded 10/22/2021REVIEWED
LEGAL COUNSEL.
Recorded in Deschutes County C J2021-421
Steve Dennison, County Clerk
Commissioners' ,journal 10/22/2021 11:08:31 AM
2021-421
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving Juniper Rim annexation into
Bend Park & Recreation District * ORDER NO. 2021-041
*
WHEREAS, Juniper Rim on the Deschutes LLC ("Petitioner") submitted a petition requesting
annexation of the property, identified in Exhibit A in the petition attached to this Order, into Bend
Park and Recreation District ("District"); and
WHEREAS, the Deschutes County Clerk's Office and Assessor's Office verified that the
petition was signed by 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 October 20, 2021, to determine
whether, in accordance with the County Comprehensive Plan, any applicable service agreement
between a local government and the affected district, and the criteria prescribed by ORS 197.175, the
affected area would benefit by annexation of said territory into the District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. The 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. 2021-041
Dated this -7D day of a2021.
ATT
Recording S retary
PAGE 2 OF 2- ORDER NO. 2021-041
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, CHAIR
PHIL CHANG, VICE CHAIR
PATTI ADAIR, COMMISSIONER
r0:X:u:]1r0
III II�II �� I
•.
August 17, 2021
VIA HAND DELIVER
Pauline Word
Legal Department
Deschutes County
1300 NW Wall Street
Bend, Oregon 97701
RE: Petition to Annex Property into Bend Metro Park and Recreation District
Dear Pauline:
Enclosed please find the original above -referenced Petition, executed on behalf of Juniper
Rim on the Deschutes LLC, petitioner, and the Park District.
If you have any questions, please do not hesitate to reach out to me, or my associate Eric
Taylor via e-mail.
Sincerely,
ffg(AA Cw'
Laura Craska Cooper U
LCC/bb
Enclosure
100159351;1)
PORTL,AND 75 SE Yamhill Street, Suite 202 1 Portland, OR 97214 1 503-741-2310 1 www.brixlaw.com
SEND 15 SW Colorado Avenue, Suite 3 1 Bend, OR 97702 1 541-617-1309
EXHIBIT
PETITION TO ANNEX PROPERTY INTO
Bend Metro Park and Recreation District
(Name of District)
To: The Board of County Commissioners, Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.850 to 198.859 on _
(date) and Petitioners request the Board commence proceedings to annex the territory
described herein into Bend Metro Park and Recreation District (name of district),
Deschutes County, Oregon.
2. This Petition for Annexation affects only Deschutes County and is not in any incorporated city
limits.
3. The Board of Bend Metro Park and Recreation District (name of district)
approved the petition pursuant to ORS 198.850 on February 16, 2021 (insert date).
4. The principal act for
Chapter 266
Bend Metro Park and Recreation District
statutory reference required, see ORS 198.010 for listing of appropriate principal act)
(name of district) is ORS
5. The territory subject to this Petition for Annexation is primarily inhabited / uninhabited (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
or after the _ day of, 20_.
6. The property street address(es) of land for annexation (if known) is/are
19800 Pacific Heights Road, Bend, Oregon 97703 and the total acreage
is 100.1 . A description of the boundaries of the territory to be annexed is
++o k—ltt-ched horn+n �c Gvhihit "A" anti rionieteri nn tha man attaehfzH ac FYhihit "Rea
and
7. This Petition has been signed by at least 15 percent of the electors, or 100 electors whichever
number is lesser, registered in the area proposed to be annexed; or at least 15 owners or
owners of 10 percent of the land, (whichever is greater) within the area proposed to be
annexed.
8. A security deposit form and payment is attached to this petition.
' rt6-ffts o day of a t S 7" 20-21 by
Scott Smallwood, as Manager of
Juniper Rim on the Deschutes LLC
, Chief Petitioner(s).
1601 31 st Street NW, Washington, DC 20007
Ign ure __. Andress, Uify, Sfali§ Zl
DATED this day of -4 IAS '_ 20 -1
Approved by the Board of
Bend Metro Park and Recreation District
Name f Di trict
District Signature
By: 71>On +An
(Print Name)
Title: C-LAI V CQ>
DATED this _ day of
(if applicable) Approved by City of
City Signature
By:
(Print Name)
Title:
rev 05/17
Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; legalcounsel@deschutes.org
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EXHIBIT A
Security Deposit
Special District Formation or Reorganization
L 704
rev 01/18
ORS 198.775
❑ Formation F Annexation ❑ Withdrawal ❑ Dissolution
District and Precinct Information
Name of District
Bend Metro Park and Recreation District
Number of Precincts in District _ __TAmount of Deposit per Precinct ] Total Deposit (max of $10,000)
Chief Petitioners
I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of
Bend Metro Park and Recreation
district exceeds the
deposit, I/we will pay to the county treasurer the amount of the
excess cost (ORS 198.775)
Name print._.__
Scott Smallwood, as Manager of Juniper Rim on the
_ Signature
Deschutes LLC
Residence
Mailing Address if different
1601 31st Street NW
City State Zip Code
City
State Zip Code
Washington DC 20007
Amount of Contribution/Value of Secured Deposit
Kind of Contribution*
$100
❑x Cash ❑ Bond
I ❑ Other 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*
❑ Cash ❑ Bond ❑ Other 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*
❑ 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*
❑ Cash I ❑ Bond ❑ Other 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*
❑ Cash I ❑ Bond ❑ Other 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*
❑ Cash I ❑ Bond ❑ Other Security Deposit
Additional Description
*Provide additional description of security deposit below, on the back of this form or on separate sheets. Additional contributors
may be listed on separate sheets and attached.
i:*:':n:11r_I
Exhibit A
Tract 3 of Lot Line Adjustment LL-18-311, located in the South 1/2 of Section 7, Township 17 South, Range
12 East, Willamette Meridian (W.M.), Deschutes County, Oregon, as described in Statutory Warranty Deed
from Edward J Elkins and Doris E. Elkins, Trustees or the Successor Trustee of the Elkins Family Revocable
Trust UTD 4/19/11 to Scott R. Smallwood and Carol Ann Smallwood as tenants by the entirety, recorded
June 29, 2018 as document no. 2018-026639, Deschutes County Official Records;
Together with:
The North 1.80 feet of that Tract of land (Tract 1 LL-18-05) described in Bargain and Sale Deed from
Edward J Elkins and Doris E. Elkins, Trustees or the Successor Trustee of the Elkins Family Revocable Trust
UTD 4/19/11 to Edward J Elkins and Doris E. Elkins, Trustees or the Successor Trustee of the Elkins Family
Revocable Trust UTD 4/19/11, recorded April 3, 2018 as document no. 2018-13333, Deschutes County
Official Records;
And together with a strip of land 1.80 feet wide, being a portion of Tract 4, of Lot Line Adjustment LL-
18-311 described in Bargain and Sale Deed from Edward J Elkins and Doris E. Elkins, Trustees or the
Successor Trustee of the Elkins Family Revocable Trust UTD 4/19/11 to Edward J Elkins and Doris E. Elkins,
Trustees or the Successor Trustee of the Elkins Family Revocable Trust UTD 4/19/11, recorded June 27,
2018 as document no. 2018-026136, Deschutes County Official Records;
All of the above being more particularly described as follows:
Beginning at the Center 1/4 corner of said Section 7, Township 17 South, Range 12 East, W.M.;
Thence South 89°37'31" East 1084.81 feet to the Northwest Corner of Pacific Cascade Heights subdivision;
Thence along the West boundary of said Pacific Cascade Heights subdivision the following two courses;
South 00°09'05" West 1317.00 feet;
South 00°09'20" West 496.76 feet;
Thence leaving said boundary of Pacific Cascade Heights North 89°34'00"West 1085.76 feet;
Thence North 89°34'00" West 1321.23 feet to the West 1/16 line of said Section 7;
Thence North 00°09'42" East 498.88 feet along said West 1/16 line to the Southwest 1/16 corner of said
Section 7;
Thence continuing along said West 1/16 line North 00°16'51" East 1311.95 feet;
Thence South 89°38'43" East 1319.23 feet to the Point of Beginning.
REGISTERED
PROFESSIONAL
y ND SURVEYOR
OREGON
JUNE 1. 199a
[KE17H S, DAGOSTIND
2ad'.S'
RENEWAL DATE! 12-31-2
10AVUS110-119.11
LEGAL PARCEL
TRACT 3 LL-19-913
TAXLOT 171207-601
TAXLOT 171218-105 IB
LEGEND
ANNEXATION EXPANSION
BOUNDARY
AREA TO BE ANNEXED
Bend Parks District Annexation Map
EXHIBIT B
DESCHUTES COUNTY OREGON
Z
E LeDATEDRAWING FILE NAME:
'. 081 PARKSANNEXMAP020821----
TAXLOT
'1207D0-108
tb
TAXLOT
207DO-707
w
<
Ln u
TAXLOT
171207DO
-106
'ACIDIC
ROAD
TAXLOT
207DO-105
LEGAL PARCEL
TRACT 2 LL-19-913
TAXLOT 171207-503 '6
SCALE
400 0 200 400 800
FEET
I INCH = 400 FT
'
DAgostino Parker, LLC
REGISTERED
PROFESSIONAL
1
LAND SURVEYOR
BF,M), OR 97702
P: 54 1) 0 9 3,1134
OREd-O-Nr--
JUNE 1. 1998
KEITH S. DAGOSTINO
RENEWAL DATE: 12-31-21
. r- r
September 28, 2021
Steve Dennison
Deschutes County Clerk
DESCHUTES COUNTY ASSESSOR'S OFFICE
CARTOGRAPHY DEPARTMENT
1300 NW Wall Street, Suite 204 1 Bend, Oregon 97703
Office: (541) 388-6508 1 Fax: (541) 382-1692
Website: https://www.deschutes.org/assessor
Property Info: https://dial.deschutes.org/
Re: Petition for Bend Park & Recreation District (Juniper Rim on the Deschutes LLC)
Please be advised the attached petition meets the requirements of ORS 198.
Sincerely,
E S C-O
Petition for Annexation to
Bend Metro Park and Recreation District
(Taxlot 1712070000501)
Clerk's Certification
County Clerk
I, Steve Dennison, 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 22" d day of September, 2021.
Steve Dennison
Deschutes County Clerk
00 r' V+ V'+.,I; Str<�r>( c�u;ie ZO�� C1 }`;fix 600`_� Ore oo > 31701B C�,005
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EXHIBIT C
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, AICP, Planning Manager
DATE: September 22, 2021
SUBJECT: Land Use Compatibility / Bend Parks and Recreation District
The materials contained in the petition to annex Juniper Rim on the Deschutes LLC are consistent with Title
19, Bend Urban Growth Boundary 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."
SSIONERS
BOARD OF
MEETING DATE: October 20, 2021
SUBJECT: Public Hearing and Consideration of Order 2021-041 Approving Annexation to
Bend Park & Recreation District
RECOMMENDED MOTION:
Move approval of Order 2021-041
BACKGROUND AND POLICY IMPLICATIONS:
Juniper Rim on the Deschutes LLC filed a petition to annex property 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.
BUDGET IMPACTS:
None
ATTENDANCE:
Dave Doyle, Legal Counsel