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HomeMy WebLinkAboutOrder 004 - Set Hrg - Annex La Pine P-RDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 29, 2014 Please see directions for completing this document on the next page. DATE: 1/23/14 FROM: Laurie Craghead. Legal Phone # 541-388-6593 TITLE OF AGENDA ITEM: Consideration and Approval of Order 2014-004, Accepting Resolution and Setting Date For Public Hearing for the Annexation of Proposed Territory into the La Pine Parks and Recreation District. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: On January 22, 2013, the La Pine Parks and Recreation District submitted to the Board of County Commissioners ("Board") a Resolution to annex property into the district that is located primarily between Sunriver and the District's current boundary along Lively Lane and Grey Wolf Lane. Pursuant to ORS 198.850(3) and ORS 198.800( 1 )(b), the Board must set a date for a public hearing no earlier than 30 and no later than 50 days from the date of filing. Order No. 2014-004 attached for Board signature, sets that hearing date for February 26, 2014. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Approval of Order No. 2014-004. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. REVIEWED LEGA~L For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Resolution and Setting Date For * Public Hearing for Annexation of Proposed * ORDER NO. 2014-004 Territory into the La Pine Parks and Recreation * District WHEREAS, a Resolution requesting annexation ofterritory into the La Pine Parks and Recreation District ("District") was filed with the Deschutes County Board of County Commissioners ("Board") on or about January 22, 2014, a copy of which is attached hereto as Exhibit" I" and incorporated by reference herein; and, WHEREAS,ORS 198.850(3) and ORS 198.800(1)(b) require the county board to set a date for a public hearing on the resolution no sooner than 30 days and no later than 50 days from the date of filing with notice to the board of the affected district; and, WHEREAS, the next available hearing date within that time frame is February 26, 2014; and, WHEREAS, because the annexation was initiated by the District, ORS 198.850(3) and 198.840 require publication of the notice of the hearing; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. The resolution for annexation to the District, a copy of which is attached hereto as Exhibit" 1," is hereby accepted for filing. Section 2. The proposed territory to be annexed is legally described in Exhibit "2"and depicted on the map as Exhibit "3", both exhibits attached and incorporated by reference herein. Section 3. A hearing regarding annexation to the district shall be held on February 26, 2014, at 10:00 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County, Oregon. I l i i 1 1 1 Section 4. Notice of Hearing shall be given in substantially the form set forth in Exhibit "4," attached hereto and by this reference incorporated herein. The Legal Counsel office shall cause the notice to be published in The Bulletin on February 11, 2014 and February 21, 2014 and posted February 11, 2014, in three public locations within the county as follows: One notice shall be posted on or near the doors of the meeting room ofthe Board of County Commissioners; one notice upon any official bulletin board customarily used for the purpose of posting public notices within the county; and one notice shall be posted upon any official public bulletin board customarily used for the purpose of posting public notices within the district and the territory proposed to be annexed. Notices posted shall be for not less than five (5) consecutive days. PAGE 1 OF 2-ORDER No. 2014-004 Section 5. Pursuant to ORS 198.850(3), the Deschutes County Community Development Department Director shall cause to be filed with this Board prior to February 26, 2014, a statement regarding how this proposed special district annexation complies with the Deschutes County Comprehensive Plan for the area and any service agreement executed between the County and the District and any other applicable statutory authority. Dated this ___of January, 2014. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON TAMMY BANEY, CHAIR ANTHONY DeBONE, VICE CHAIR ATTEST: Recording Secretary ALAN UNGER, COMMISSIONER PAGE 2 OF 2-ORDER No. 2014-004 The La Pine Park and Recreation District Resolution to pursue annexation of additional Properties into the District was approved by the LPRD Board of Directors on December 10, 2013 meeting in the General Session: John Wurst moved and Joel Brader seconded that the La Pine Park and Recreation District approve a measure approving the annexation of the attached legally described properties into the La Pine Park and Recreation District The motion passed. 1211 012 013 Board Chairman: fL ~ Date: 1:2·..i'J -I~ RObe~ (\. A.... .• () d LPRD Executive Director: -~---"---c':::::"":>'=-"':""':;....::.c;-"",~"",--__Date !<..,-/3 .-{ S Robert Schulz Referendum to annex additional properties into tbe La Pine Parks and Recreation District Boundaries: The question? Shall (Attached legally described) named tracts of land/properties be annexed into the La Pine Park and Recreation District boundaries? The Summary: Annexation is the legal process to bring property into the District's boundaries. The La Pine park and recreation Board of Directors would like to annex (attached list of legally described properties) located in South Descbutes County (--) into the Parks District's boundaries. The legal description oftbe property is: (Attached) Approval of the measure would annex approximately (---) Acres into the District. including (---) acres of private property associated with the tax lots (---). Page I-Exhibit 1 to Order No. 2014-004 I I I I I ] I I I I ExhibH "A" (La Pine Park District Expansion) A Parcel of land being portions. or all. of Sections 1. 12. 13. 23. 24. 25. and 26 in Township 20 South. Range 10 East and portions or, all. of Sections 7, 8, 17, 18. 19. 20. 29. and 30 in Township 20 South. Range 11 East of the Willamette Meridian. Deschutes County. Oregon and being more particularly described as follows: Township 20 South. Range 10 East: Section 1 Southeast one-quarter of the Southwest one-quarter (SE 1/4 SW 1/4). and the West one-half of the Southeast one-quarter (W 1/2 SE 1/4). Section 12 All Section 13 East one-half (E 1/2). and the Southwest one-quarter of the Southwest one­ quarter (SWl /4 SWl /4). and the East one-half of the Southwest one-quarter (E 1/2 SW1/4). Section 23 East one-half of the Northeast one-quarter (E1 /2 NEl /4), East one-half of the Southeast one-quarter (E 112 SE 114). Southwest one-quarter of the Southeast one­ quarter (SWl /4 SE 114). and the South one-half of the Southwest one-quarter (Sl/2 SW1/4). Section 24 All Section 25 All Section 26 All Township 20 South. Range 11 East: Section 7 All Section 8 West one-half (Wlj2), The West one-half of the West one-half of the Northeast one-quarter (Wl/2 Wlj2 NE1/4). the West one-half of the Southeast one-quarter (Wl/2 SE1/4) Section 17 Northwest one-quarter (NWl /4),and the Northwest one-quarter of the Northeast one-quarter (NWlj4 NE1/4) Section 18 West one-half (Wlj2). the Northeast one-quarter (NE 114). and the West one-half of the Southeast one-quarter (Wlj2 SE1/4) Section 19 West one-half (Wlj2).and the Southeast one-quarter (SE 114) Section 20 Southwest one-quarter (SWlj4). West one-half of the Northeast one-quarter (Wl/2 NEl /4). West one-half ofthe Southeast one-quarter (Wl/2 SE 114) Section 29 West one-half of the Northwest one-quarter (Wl/2 NWlj4) Section 30 All 1 Page 1-Exhibit "2" to Order No. 2014-004 I i ':­--- --­e I'" I I 201023 201025 f',,$" (f " Proposed La Pine Park & Recreation Proposed Annexation Area District Annexation Area o La Pine Park & Recreation District January 23, 2014 1"; 3,000' Page I-Exhibit 3 to Order No. 2014-004 NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation into La Pine Parks and Recreation District, will be held on February 26, at 10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon. To view the legal description of the boundaries of the proposed annexation, contact the Deschutes County Counsel's Office at 388-6623. The purpose of the proposed annexation is to provide park and recreation services for the area proposed to be annexed. All interested persons may appear and be heard. Deschutes County conducts public meetings in locations which are wheelchair accessible. Deschutes County also provides reasonable accommodations for persons with disabilities. For persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the State transfer relay service for TTY. At meetings of the Board of County Commissioners the county will provide an interpreter for hearing impaired persons who give at least 48 hours notice of the request. Written information will be made available in large print or audio format. To request these services, please call (541) 388-6571. Page I-Exhibit 4 to Order No. 2014-004