2022-102-Order No. 2022-010 Recorded 3/17/2022Recorded in Deschutes County CJ2022-1 02 Steve Dennison, County Clerk 03/17/2022 1:57:22 PM Commissioners' Journal w a c°, iiIlIIIUIIlIIIIUI IIIII BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Enewetak annexation into Panoramic Access Special Road District * * ORDER NO. 2022-010 * WHEREAS, Matt Cyrus on behalf of Wildhorse Meadows LLC and Sisters Aggregate & Construction LLC ("Petitioner") submitted a petition requesting annexation of the property, identified in Exhibit A in the petition attached to this Order, into Panoramic Access Special Road 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 March 16, 2022, 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 road services. PAGE 1 OF 2- ORDER NO. 2022-010 Dated this Lday o , 2022. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST. Reding; Secretary ANTHONY DeBONE, VICE CHAIR PHIL CHANG, COMMISSIONER PAGE 2 OF 2- ORDER NO. 2022-010 EXHIBIT A PETITION TO ANNEX PROPERTY INTO Panoramic Access Special Road 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 the Panoramic Access Special Road 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 the Panoramic Access Special Road District (name of district) approved the petition pursuant to ORS 198.850 on (insert date). 4. The principal act for the Panoramic Access Special Road District (name of district) is ORS 371.305 to 371.360. (Proper statutory reference required, see ORS 198.010 for listing of appropriate principal act) 5. The territory subject to this Petition for Annexation is primarily inistabitati / 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, August (month) 2021. 6. The property street address(es) of land for annexation (if known) is/are small public portions of Sisters Aggregate & Construction, LLC (16900 Aspen Lakes Dr) and Wildhorse Meadows LLC (16900 Aspen Lakes Dr). The total acreage is -0.45 acres. A description of the boundaries of the territory to be annexed is attached hereto as Exhibit "B" and depicted on the maps attached as Exhibit "A". See Explanatory Statement on page 2 for justification. 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 the owners of the property being proposed for annexation. 8. A security deposit form and payment is attached to this petition. Signed this'3( day of August, 2021 } y Matt Cvrus & Keith Cvrus Chief Petitioner(s). Y� Principal Member (Signature) Wilclho;se Meadows, LLC Managing Member (Signature) Sisters Aggregate & Construction, LLC PASRD, PO Box 1226, Sisters, OR, 97759 (AddrBss, City, State, ZIP) DATED this $f'rday of August, 2021 DATED this day of ,20 Approved by the Board of (if applicable) Approved by City of Panoramic Access Special Road District (PASRD) (IVamF �;pi) President District ignature City Signature rev 05/17 Deschutes County legal Counsel. 1300 N.W, Wall St.. Ste. 205, Rend, OR 97703; FAX 541-617-4748: legalcounsel@dcschutes.org tYCiivts uutoti x7tj7 os pip uopna:l sgip pug w;ar u6VOO.00na pm; wtuiail s qi P:ivitmT I MA' dlluhl- PRINT NAME J DICE ADDRESS A 0 6 SIDENCE ADORE NAME OF DiSTRiCT PROPERTY ADDRESS z II RESIDENCE ADDRESS Of Si" �n _IM aia u'ziss— `."tw3:uO Joi olµyt,t :Ciut0N aw xtnptl N/10'tg (INV u.nuaxusty Wk. Jo.taunoj `;. mtr.tt s amasaal 6w m PROPERTY ADDRESS RESIDENCE ADDRESS (if Dial -cm n E° vO iYio N PROPERTY ADDRESS 7 c a RESIDENCE ADDRESS (It -Different) EXHIBIT A Ex,@lanatory Attachment: This application seeks to correct an apparent oversight in the boundary of the Panoramic Access Special Road District: The 60' right of way for the cast -west portion of Enewetak Lane (see attached map — Exhibit C) consists of (i) the 20' alley and utility easement established when the Panoramic View Estates subdivision was platted in 1968 and (ii) the 40' easement dedicated to public use on the 1979 plat of "Wild 1-lorse Plains". The 40' easement appears to lie outside the current boundary of the Panoramic Access Special Road District (PASRD). State law prohibits the district from using property taxes collected within the district to maintain roadways that lie outside the district. The proposed annexation into PASRD of the public right of way for Enewetak Lane proposes to correct this situation. The 40' easement appears to be part of two properties to the south of PASRD owned by Sisters Aggregate & Construction, LLC and Wildhorse Meadows, LLC. EXHIBIT A PROPOSED ANNEXATION AREA A PORTION OF TRACT Q OF GOLF COURSE ESTATES AT ASPEN LAKES PHASE 4 AND A PORTION OF TRACT I3 ADJUSTED OF GOLF COURSE ESTATES AT ASPEN LAKES PHASES 1-4 LOCATED IN THE N1/2 OF THE NE1/4 OF SECTION 1, T1 5S, R10E, W.M., DESCHUTES COUNTY, OREGON 80' EXHIBIT 'A' SCALE 1" = 100' 0 50 100 290 FT. T.L. 1410360001700 LOT 1, BLOCK 7 PANORAMIC VIEW ESTATES N89'45'24'E 375.12 L3 S89'45'24'W 444.44 T.L. 1510010004826 TRACT 0 GOLF COURSE ESTATES AT ASPEN LAKES PHASE 4 LEGEND PROPERTY LINE. T.L. 1510010004800 TRACT B ADJUSTED GOLF COURSE ESTATES AT ASPEN LAKES PHASES 1-4 P R C/- 44. � ..l.1 FORE . SCRIPTION ATIO10.4g C.IBIT 8' L 1 LINE DESI3NATION — REFER TO TABLE. DATE: 06/23/21 ACAD: 2194_OESCI F ro T.L. 1410360002504 S1/2 SW1/4 5E1/4 SE1/4 Li SEC. 36 T14S, R1OE SEC. 1 T15S, R1OE LINE TABLE NUMBER BEARING DISTANCE L 1 N89`45'24 "E 60.34 L2 SO0' 14'36' E 40.00 L3 S89`45'24"W 42.28 L4 N 15'33'23' W 41.47 L5 N89`4524 "E 51.28 L6 N89'45'24'E 10.93 REGISTERED PROFESSIONAL LAND ;.�SURVEYOR l> fllal SLt 06/23/21 OREGON JULY 2.5, 1901 %JERRY D. SilU1I.ER 2527 RENEWS 6/30/22 EXHIBIT 'A' • PROPOSED ANNEXATION AREA LOCATED IN THE N1/2 OF THE NE1/4 OF SECTION 1, T15S, R1OE, W.M., DESCHUTES COUNTY, OREGON PRECISION LAND SURVEYING. INC. P.O. 130X 2082 REDMOND, OREGON 97758 (541) 548-8092 Pl::ur,eying®gmail.com EXHIBIT A Precision Land Surveying, Inc. Professional Land Surveyors PROPOSED ANNEXATION AREA A PORTION OF TRACT Q OF GOLF COURSE ESTATES AT ASPEN LAKES PIIASE 4 AND A PORTION OF TRACT B ADJUSTED OF GOLF COURSE ESTATES AT ASPEN LAKES PHASES 1-4 LOCATED WITHIN TIIE N 1/2 OF THE NE 1/4 OF SECTION I, T 15S, R (0E, W.M., DESCHUTES COUNTY, OREGON CURRENT TAX LOTS 15-10-0100-04826 AND 04800 EXHIBIT `B' A STRIP OF LAND 40.00 FEET WIDE BEING A PORTION OF TRACT Q OF GOLF COURSE ESTATES AT ASPEN LAKES PHASE 4 AN[) A PORTION OF TRACT B ADJUSTED OF GOLF COURSE ESTATES AT ASPEN LAKES PHASES 1-4 AND FURTHERMORE LOCATED WITHIN THE NI/2 OF TIIE NEI/4 OF SECTION I, TIES, RIDE, W.M., DESCHUTES COUNTY, OREGON, THE BOUNDARY OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NEI/4 OF THE NEI/4 OF SECTION 1, TI5S, RIDE, W.M.; THENCE N89°45'24"E — 6034 FEET ALONG THE NORTH LINE OF SAID NE1/4 NEI/4; THENCE S00°14'36"E 40.00 FEET; THENCE S89°45'24"W — 444.44 FEET TO TIIE EASTERLY BOUNDARY LINE OF TRACT Q OF GOLF COURSE ESTATES AT ASPEN LAKES PHASE 4, ACCORDING TO THE OFFICIAL PLAT TIIEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY, OREGON; THENCE S89°45'24"W 42.28 FEET; THENCE N15°33'23"W 41.47 FEET TO THE NORTH LINE OF TIIE NWI/4 OF THE NE1/4 OF SAID SECTION 1; TIIENCE N89°45'24"E 51.28 FEET ALONG THE NORTH LINE OF SAID NWI/4 NEI/4 TO TIIE NORTHEAST CORNER OF SAID TRACT Q; THENCE N89°45'24"E — 10.93 FEET ALONG THE NORTH LINE OF SAID NWI/4 NEI/4 TO TIIE EASTERLY RIGHT- OF-WAY LINE FOR LAKE DRIVE; THENCE N89°45'24"E — 375.12 FEET ALONG THE NORTH LINE OF SAID NW(/4 NE1/4 TO TIIE POINT OF BEGINNING. STRIP OF LANE) CONTAINS 10.45 ACRES SUBJECT TO ALL OTHER EASEMENTS, RESTRICTIONS, AND R(GIITS-OF-WAY OF RECORD PERTAINING TO THE ABOVE DESCRIBED LANDS. REGISTERED PROFESSIONAL LAND SURVEYOR 62,11,4 "ice ® 06/23/21 OREGON JULY 25. 1001 JERRY D. STICKER 2527 RENEWS 6/30/22 PO Box 2062 (541) 548-6092 Redmond, Oregon 97756 plsurvcying@gmaiI.com EXHIBIT A SURVEY FOR I(MB ENTERPRISES LOCATED IN LOT 14 BLOCK 2 WILD HORSE PLAINS IN THE NE 1/4 SECTION 1, T15S, R10E, W. M., DESCHUTES COUNTY, OREGON LAKE DRIVE 60' ' ON FOUND 5/0" IRON ROD VAN COOK CAP PANORAMIC VIEW ESTATES LOT 1 BLOCK 7 N89'41'53"E 61.99 20' ALLEY At UTILITY EASEMENT N 9"E 435.53 (435.461 RO(N89'41'04"'E) 40' YW10E ROAD (FOUND 5/6" IRON J EASEMENT ROD .78' TO '141 1 N80'39'51"E 424.42 (424.S1) NW OF 'ilil5 ROO) FOUND 1/2 IRON ROO (BENT) N00'19'16"W N89'39'18"E m 39.98' 62.16' p BLOCK 5 BLOCK 2 LOT 7 vi LOT 14 WILD HORSE REGISTERED f ... N74'27'43"C (PROFESSIONAL ', \. 60.00` LAND SURVI~.YOP 5/6" IRON ROD OREGON °AVID KeBa TEMAN 1 NARRATIVE: NE PURPOSE OF THIS SURVEY WAS TO FINO OR ESTABLISH THE CORNERS TO 111E 44' ROADWAY EASEMENT IN LOT 14 ANO ITS EXTENSION ACROSS LAKE DRIVE. MY BASIS OF BEARINGS IS OFFSITE AS I AM WORKING ON A LARGE PROJECT IN SECTIONS 1 ANO 35. LAKE DRIVE IS UNDEVELOPED W:11-(04 VNLO F :ORSE PLAINS, dot• 05/02/90 *au% JOP I!Ii Illlil II! IIhII.0 Uuili lll�Jlli lt.. PLAINS C$I•7*2 Tt4S SECTION 36 SECTION 1 TISS FOUND 1/2" IRON ROO W11H COOK PLASTIC CAP BASIS OF BEARINGS: E 1/2 OF 5. LINE SECITON 35 T14S. RtOE. BY HAWTHORNE JULY 3. 1960 SCALE: 1' e. 100' LEGEND: SET 5/8" IRDN ROO N1TH PLASTIC CAP LS 1068 • FOUNO MONUMENT AS NOTED ( ) RECORO PER PLAT OF V1LD HORSE PLAINS BY H. LEON KENNEDY IS 981 SURVEY FOR '-' AJIJ) bSi54CJA9�S, KMB ENTERPRISES DAVIO E M t IlJC WO RN WALL lir aii. btVUB Lc' ram, ovum mai (0010t' a-T044 014001), gr ti ;pp 1JI1.Ji1i1111110 l►J. .. !1 liltllll b.111 IJII1IIII1 1111 ti ONvl 4 52133NMN3 31 t/JI!/1d39 ' 3'0t'2d S133HS fl 133HS SHEET 2 OF m 4\ 4 .13-7119 0 6A _ . ,,'2.:=Iv:--.4-46.1,-.1Artc,..-7. 4 A.fral• w q' •,swa," A3079 .11.2 07914 r. I .00 015 '144 31 0,i 11) A/3070 A Wain 07.,, ..0 V.EZ .0 .5 .,317r, 1.1a P0'Ve I )411ung 135. 4 SHEETS 03 56'6dt tt 1 N 0 m4 'pig �3-N{U— °o•arC 'jN3tl? Sy3 `•= ALill act al.v ?cam °a•OaC t u6r .1 m .00.a0 aa'mkt to 04 Ar.01:0 OK 0 �4 o N �`` .No .0a a9 ON S SINS 33S N.ibiaswi Wu() Oaav Aa1 v N9079 ra 119 6f'00.2 .na oE'Or n - 433449- .tg05Y. "mate .0000t. • .. AL" 10 l J�.111y .PS If/rc y.Y1e 44'fJF .oar .1001. ,_ V 14 N u N "�' 0, y 0", n H O 3, � ; n_V�' ti p / ON n 3 r0>i6F 2fg t0 w° 319b A AAil v 0079 an .0t :1 .arax .._..i.. . a .as, .0 ra A ,el 3 Vt •ai osa'" to ry 17 9) J. 89• ST 06' W. .5 362.44' EXHIBIT A Gi.006. 3• A303$ u71l IrY ,(� 3A33434T 4 VTRATY 6ASV NENT a�pl Ahq 30' ALLEY Q p I0 0 u CST 6co.40' W<) S 334 o -*NW. C40334R 00 6.E.I/4 5.0 443, SQG, lti,Yf4.4„R.WI.°, W414. G 8 9LOCK 3 So 473 N. 89.47'34'L'. WEi T 640.49' 0- WEST 66171' '0 264A0' N. E. COME R a7 Sec .76.T.14.5 w. M. tf E.,1,31CaCTErt SCE, 3G,T.14.S. R. t0.c. wra. k/- �Z 30' VT1i-1 444.49' SCALE 1'•200' N.99'.16'04. W TY Eggt; 14lIT /o -HINKLE-..—et E - — 0444VE 350.30' 744.47' 3.30.40' NO. 1D ! 4 W 2 0) V O V 3d Ai)Ci t VT 3.1.31 4A!3,t10)(I 7 30• 35001 114.48 21249' 350.3)0' 1,374.14 41 ki 1,262.34. 0f 1.7S' A'i N 94•g5'or W. N.e.C.ON6R or voe N.W.%4 6.w '+ 333.31 T. 0,s. R{I.0 `W.14 W .11 N.0So 4503'W GG7• ___. N) Au.ev VT.'(Y GnIcer NY 62'." 9, 99. 43. 03 C3. 3260.03 ' .3.W. C4000R 0r TI1E N.W.y40.w %, 000.31,T1A.g, R.1k wk• .M 14 M 9.C.<4433I30, 01* Tee NSA .0w.3) 000.3/ T.14.5., R.I3V. W.N crolitilliticTstounty Security Deposit Speci6District Formation or B, organization Formation II�JJ X Annexation Withdrawal District and Precinct Information Name of District Panoramic Access Special Road District Number of Precincts in District 1 SEL7O4 rev 01/18 ORS 198.77E Dissolution Amount of Deposit per Precinct Total Deposit (max of $10,000) 1 $ 100,00 Chief Petitioners 1/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of Panoramic Access Special Road district exceeds the deposit 1/we .wili,Qax to the county treasurer the amount of the excess cost (ORS 198.77J Name print J Sig ture Jim Becker Residence 69431 Lake Drive 1 Maw g Address if different P O Box 1226 City 1 State I Zip Code I City Sisters Or 97759 Sisters Amount of Contribution/Value of Secured Deposit Kind f Contribution* (� Bond I ❑ Other Security Deposit xx Cash State I Zip Code Or 97759 Name print Signature Residence Mailing Address if different City State 1 Zip Code City Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash I r, Bond State Zip Code Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City Amount of Contribution/Value of Secured Deposit Continued on the reverse side of this form IState I Zip Code Kind of Contribution* 0 Cash I D Bond I El Other Security Deposit EXHIBIT A Person/Organizations Providing Any Part of Cash/Security Deposit Name print I Signal Jim Becker Residence Mailing J1dress if different 69431 Lake Drive PO Box 226 City Sisters State 4r Zip Code I City Sisters 97759 Amount of Contribution/Value of Secured Deposit Kind of Contribution* $ 100.00 State Cit. I Zip Code 97759 Cash XX 1 Bond Other Security Deposit Name print Signature Residence City Mailing Address if different Zip Code Ci St te Zip Code CI Amount of Contribution/Value of Secured Deposit 1 Kind of Contribution* Cash Bond Other Security Deposit Name print Residence City ISignature Mailing Address if different Zip Code Ci Amount of Contribution/Value of Secured Deposit Kind of Contribution* 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. Cash State Zip Code D ID LBond Other Security Deposit EXHIBIT B DESCHUTES COUNTY ASSESSOR'S OFFICE CARTOGRAPHY DEPARTMENT 1300 NW Wall Street, Suite 204 I Bend, Oregon 97703 Office: (541) 388-6508 I Fax: (541) 382-1692 Website: https://www.deschutes.org/assessor Property Info: https://dial.deschutes.org/ Febuary 7, 2022 Steve Dennison Deschutes County Clerk Re: Panoramic Access Special Road District (Wildhorse Meadows LLC & Sisters Aggregate & Construction LLC) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, 2 Gregg Rossi I Chief Cartographer Deschutes County Assessor's Office, Cartography Dept. 1300 NW Wall St. Suite 204 I Bend, Oregon 97703 PO Box 6005 ( Bend, Oregon 97708 Tel: (541) 617-4703 I Fax: (541) 382-1692 EXHIBIT B County Clerk Petition for Annexation to Panoramic Access Special Road District (Taxlot 1510010004800 & 1510010004826) Clerk's Certification 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 11th day of February, 2022. 4(„/2„:_, Steve Dennison Deschutes County Clerk 1300 NW Wan Street Suite 202 (i5C7 f3ex 6005 ;3r—vi. 0, e:e'� 07708 0005 (511) 388•65'17 • electK)ti',:CoicteSC'luteS.o g 1 (5,11) .388 (.a••9 (=Ci!;5',l.P0e_CI1utc1S.Otg EXHIBIT C COMMUNITY DEVELOPMENT TO: Deschutes County Board of Commissioners FROM: Will Groves, Planning Manager DATE: February 10, 2022 SUBJECT: Land Use Compatibility, Panoramic Access Special Road District The materials contained in the petition propose to annex lands to the Panoramic Access Special Road District. The total acreage is -0.45 acres. This annexation is 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 this annexation1. 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." 117 NW Lafayette Avenue, Fiend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708 6005 t�(541) 388-6575 cdd@deschutes.org t;c www.deschutes.org/cd BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: 3/16/22 SUBJECT: Public Hearing and Consideration of Order 2022-010 Approving Annexation to Panoramic Access SRD RECOMMENDED MOTION: Move approval of Order 2022-010 BACKGROUND AND POLICY IMPLICATIONS: Wildhorse Meadows LLC and Sisters Aggregate & Construction LLC filed a petition to annex property into Panoramic Access Special Road 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