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2023-204-Order No. 2023-024 Recorded 7/11/2023REVIEWED LE C UNSEL Recorded in Deschutes County CJ2023-204 Steve Dennison, County Clerk 07/11 /2023 9:28:05 AM Commissioners' Journal E`: e � III 2023-204 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Natascha G. Atias annexation into Bend Park & Recreation * ORDER NO.2023-024 District WHEREAS, Natascha G. Atias ("Petitioner") submitted a petition requesting annexation of the property, identified in Exhibit A in the petition attached to this Order, into Bend Park & Recreation District ("District"); and WHEREAS, either the Deschutes County Clerk's Office and/or 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 coordinated with the city of Bend as the property in located withing the Bend urban growth boundary, regarding the land use compatibility statement in Exhibit C in the petition attached to this Order; and WHEREAS, Oregon Department of Revenue reviewed the petition and granted preliminary approval, as indicated in Exhibit D in the petition attached to this Order; and WHEREAS, the Board held a duly noticed public hearing on July 5, 2023, to detennine 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. PAGE 1 OF 2- ORDER NO.2023-024 Section 3. The purpose of this District is to provide park & recreation services. 11 ,,fit" Dated this 9 n day of) , 2023. ATTEST: � ^ "l y1 Recording Secretary PAGE 2 OF 2- ORDER NO. 2023-024 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, CHAIR PATTI ADAIR, VICE CHAIR PHIL CHANG, CO MISSIONER PETITION TO ANNEX PROPERTY INTO Bend Park9 and Recreation District '► tw (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 5/2/2023 (date) and Petitioners request the Board commence proceedings to annex the territory described herein into Bend Parks 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 Parks and Recreation District (name of district) approved the petition pursuant to ORS 198.850 on 5/2/2023 (insert date). 4. The principal act for Bend Parks and Recreation District (name of district) is ORS (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 inhabited / uninhabited (circle one). This petition is signed by and owner 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 2nd day of, 202.1 6. The property street address(es) of land for annexation (if known) is/are 61141 Cabin Lane and the total acreage is 4.77 acres A description of the boundaries of the territory to be annexed is ot4or horl harAtn as Fvhihit "A" anti riPnintari nn the man attarhPd as Exhibit "B". 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. Signed this diV of 2013by tV Q' (0' 6Aa- In Rt►(XSChief Petitioner(s). Signature DATED this Iq day of� ,20 15 Approved by the Board of e of D'stri District Signature By: /A i OkX4 t-L -III (Print Name) Title: r 53y Sw q+- \ Sr "ad►ras t)R. 9-)-741 Address, City, State, ZIP DATED this _ day of _,20_ (if applicable) Approved by City of City Signature By: (Print Name) Title: rev 05/17 EXHIBIT A - 1 Deschutes County Lcgal Counscl, 1300 N.W, Wall St., Ste. 205, Bcnd, OR 97703; FAX 541-617-4748; legalcotmscl@dcschutcs.org rzoz '� Abvnrror s3mdx� t�assiwwo� �w N�a�or,�t •nN r�ISSIWtN00 /, M/ Al 74 1"1400 dWIN Ueas `� -� amaeu8�s o dkVVLS IMIN.4d0 �. soaidxg uo}ssluiuio�.( uo3aap.,oj oilglld iGzaotq �Zoz �3o,(ep , siga atu a303aq NWOMS CINV oatiixosonS 42 3o oms 5 30 A)uno j �:0�nieu3ig •a�u0sauinw ui os p!p uop!iod suit pou9m oilm aosaod kio,m pue'uompd sigi paieina11.0 I �Jp 03' WIN 2140seleN I A W (yi O �• L Fr y > y L VoI L y dLOOFI ,:I Q cYa ZW C Oa a Lu W O F- Q ao o d o'o a C A aza> z o z N_OuAN o z> a v M r` r` rn 0Qj ( N N > `n � `n N N N `n N `n 12 O¢ c¢¢ Q ¢ ¢ Q Q Q ¢ ¢ Q Od W y U w �-' W 2�. m q la m m Ca O in C] C: W .. rs; O w ti w O x w O x V) w O C4 w O x w Ca W Z < o �, Q o 0 o Q z H a Q E Qj z z z z *C� z ,uCd cz L Ir C Z a in a �n a �n a in a CA (V M d Vl Cal Exhibit "A" The North Half of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter (N1/2 SW1/4 SW1/4 NE1/4) of Section Fifteen (15), Township Eighteen (18) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon. EXHIBIT A - 3 in rn O cp N d- M 0 V) EXHIBIT "B" LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 18 SOUTH, RANGE 12 EAST, W.M. CITY OF BEND, DESCHUTES COUNTY, OREGON NORTH 1/4 CORNER SECTION 15 TL 181250000700 89'58'22"E 625.74-. cy / 1 333.10'33.30.00' NO'36'46"E 60.00' 333.87' B9'57'22"W 625.33'" TL 181250000600 ~ CENTER 1/4 CORNER SECTION 15 LEGEND: EXPANSION BOUNDARY EXISTING DISTRICT BOUNDARY APPROXIMATE TAX LOTS AREA TO BE ANNEXED ANNEXATION AREA: N 1 /2, SW 1/4, SW 1/4, NE 1/4 TEPUY INVESTMENTS LLC 61141 CA81N LN TL 1812150000701 GROSS AREA: 5.25 AC N89'54'49"E 2619.69' 549 SW MILL VIEW WAY FOR: ATIAS GROUP BECONSUITE 100 BEND, OREGON 97702 (541)633-3140 %NIL ENGINEERING www,beconeng.com & LAND SURVEYING DATE: 05/04/2023 1 SCALE: 1" = 400' 1 DRAWN BY: AAC I PROJ: 22037 EAST 1/4 CORNER SECTION 15 REGISTERED PROFESSIONAL LAND SURVEYOR RENEWS: JUN. 30, 2023 EXHIBIT A - 4 Security Deposit Special District Formation or Reorganization SEL 704 rev 01/18 OR$ 198.775 ❑ Formation ❑ Annexation ❑ Withdrawal ❑ Dissolution District and Precinct Information Name of District Bend Parks 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 annexation, withdrawal or dissolution of Bend Parks 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 ( Signature Natascha Atias - Residence Mailing Address if diff rent 279 Bluegrass Drive 5 34 S W 19r� 5-r Coca s 4 t City State Zip Code City State Zip Code Culver OR 97734 A-d ea S Amount of Contribution/Value of Secured Deposit Kind of Contribution* $100 ❑■ Cash ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State I Zip Code I City State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* El Cash I ❑ Bond I ❑ Other Security Deposit Name print I Signature Residence I Mailing Address if different City 1 State Zip Code , City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash I ❑ Bond I ❑ Other Security Deposit Continued on the reverse side of this form EXHIBIT A - 5 )roviding Any dart of 1 Name print Residence City State Zip Code Amount of Contribution/Value of Secured Deposit i'eposit Signature Mailing Address if different City Kind of Contribution* ❑ Cash I ❑ Bond State I Zip Code ❑ Other Security Deposit Name print � Signature Residence Mailing Address if different City I State 1 Zip Code I City T State 7zip Code Amount of Contribution/Value of Secured Deposit =ofContributiio:n*I ❑ Bond I ❑ Other Security Deposit Name print Signature Residence ----Mailing Address if different City w State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash ❑ 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. EXHIBIT A - 6 Petition for Annexation to Bend Park and Recreation District (61141 Cabin Ln, Bend, Taxlot 1812150000701 ) Clerk's Certification I, Steve Dennison, Deschutes County Clerk, do hereby certify that the signature on the attached petition sheet is not a voter within the proposed area to be annexed. There is one (1) voter 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 315t day of May, 2023. Steve Dennison Deschutes County Clerk _.3oo NNi W iI; Stree: S.,J'te 202 ; ?O Rox 50o5 9eno, Oregon 9//08-600S .7L"1-,,538 6jZ.7 org 54:i 38$ fj1,D • ..C� j. ny 0 e S C .u.2S 0'i Q,,es e,< EXHIBIT B — 1 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/ May 31, 2023 Steve Dennison Deschutes County Clerk Re: Petition for Bend Park & Recreation District (TEPUY INVESTMENTS LLC) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, Gregg Rossi Chief Cartographer 0 j Deschutes County Assessor's Office, Cartography Dept. 1300 NW Wall St. Suite 204 ( Bend, Oregon 97703 PO Box 6005 Bend, Oregon 97708 Tel: (541) 617-4703 1 Fax: (541) 382-1692 EXHIBIT B - 2 TO: Deschutes County Board of Commissioners FROM: Will Groves, Planning Manager DATE: May 24, 2023 SUBJECT: Land Use Compatibility, 61141 Cabin Lane, Bend - Bend Park & Recreation District The materials contained in the petition propose to annex lands to the Bend Park & Recreation District. I have coordinated with the City of Bend and confirmed that there are no planning or zoning obstacles to the proposed annexation in County or City regulations. The City of Bend commented regarding this property: The property at 61141 Cabin Lane is located within the Bend urban growth boundary, but outside of the Bend city limits. The propertys current zoning is UA, Urbanizable Area, and the \ComI �rohonck/o Dlan rincianatinn fnr tha nrnnarty i� RS. Hrhan Stand ard Res idential. The 111C l..Vllll..Jl \.1,♦ 11 .v- , ,-.. -- t>........... .... -- 1... .. 1..... -J ._ .'_, _' ."... - -- _ - _. zoning will be changed to conform with the Comprehensive Plan designation upon annexation. The property owners and their representatives have been working with the Community and Economic Development Department on a subdivision application accompanied by an annexation application. For your reference, the file numbers are: • PLLD20230259, Subdivision • PLANX20230258, Annexation 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 9�NHfi�(t C _ 1 Q, (541) 388-6575 (Pcdd@deschutes.org ® www.deschutes.org/cd Boundary Change Preliminary Review Deschutes County Budget Officer 1130 NW Harriman Bend OR 97701 May 16, 2023 Documents received: 5/ l /2023, 5/4/2023, 5/ 10/2023 From: April Pust DOR 9-P118-2023 O R E G O N DEPARTMENT O F R E V E N U E Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 fax 503-945-8737 boundary.changes@dor.oregon.gov This letter is to inform you that the Description and Map for your planne, (Legore Subdivision) in Deschutes County have been reviewed per your the requirements of ORS 308.225 for use with an Order, Ordinance, o submitted to the Deschutes County Assessor and the Department o form before March 31 of the year in which the change will beco . cl If you have any questions please contact Robert Ayers, 503-983-3032 EXHOMOC-4 1*3 1 E S Cc) G�.a BOARD OF COMMISSIONERS MEETING DATE: July 5, 2023 SUBJECT: Public Hearing and Board Order considering the Atias annexation to the Bend Park & Recreation District RECOMMENDED MOTION: First, hold a public hearing; thereafter, consider approval of Board Order No. 2023-024 annexing 4.77 acres on Cabin Lane into the Bend Park & Recreation District. BACKGROUND AND POLICY IMPLICATIONS: Natascha Atias filed a petition to annex property into Bend Park & Recreation District. The District approved the petition. The Assessor's Office and/or County Clerk certified the petition and Community Development reviewed it for land use compatibility. BUDGET IMPACTS: None ATTENDANCE: David Doyle, Legal