HomeMy WebLinkAboutOrder 029 - Annex Prop - 4 Rivers Vector DistDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
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I AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 12, 2014
I
Please see directions for completing this document on the next page.
DATE: November 4,2014
FROM: John E. LahertyP Legal Phone # 541-330-4645
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2014-029, accepting the Petition and setting date for public
hearing for annexation into 4 Rivers Vector Control District by Pine Forest Development LLC.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On October 24,2014, Pine Forest Development LLC submitted a petition to annex petitioner's property
located in Tax Lot 103, at Township 20 South, Range 11 East, Deschutes County, Oregon. On
November 4,2014, the County Clerk verified the signatures and the Petition is deemed filed. Pursuant
to ORS 198.857(3), the Board must set a date for a public hearing no earlier than twenty and no later
than fifty days from the date of filing. Order No. 2014-029 is attached for Board signature, sets that
hearing date for December 15,2014.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Approval of Order No. 2014-029 as described above.
ATTENDANCE: John Laherty.
DISTRIBUTION OF DOCUMENTS:
Legal Department.
REVIEWED
~
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date For Public *
Hearing for Petition filed for Pine Forest * ORDER NO. 2014-029
Development, LLC Annexation into the 4 Rivers *
Vector Control District. *
WHEREAS, a petition requesting annexation of territory into 4 Rivers Vector Control District was
duly filed with the Deschutes County Board of County Commissioners ("Board") on or about October
24, 2014, a copy of which is attached hereto as Exhibit" 1" and by this reference incorporated herein;
and,
WHEREAS,ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is December 15, 2014; and,
WHEREAS, the Board chooses to also require publication notice for special district annexations;
now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the 4 Rivers Vector Control District, a copy of
which is attached hereto as Exhibit "1," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on December 15, 2014,
at 10:00 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County, Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "2,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on 11/30/14 and 12110114 and posted 11/30/14, in three public
locations within the county as follows: One notice shall be posted on or near the doors of the meeting
room of the Board of County Comm issioners; 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
proposed district. Notices posted shall be for not less than five (5) consecutive days.
PAGE 1 OF 2-ORDER No. 2014-029 (NOVEMBER 12,2014)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to December 15, 2014, a land use compatibility statement
regarding this proposed special district annexation as contemplated in ORS 197.175 and 199.462, and
any other applicable statutoI)' authority.
Dated this of-----, 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. 2014-029 (NOVEMBER 12,2014)
.123 SW Columbia Street
Bend, OR 97702
541.388.4255WHPaITfic
Memorandum
To: Deschutes County Commission
From: WHPacific Ron Hand
Date: September 5,2014
Re: Petition to Annex Property into 4 Rivers Vector Control District
----------------------_.
Dear Commission,
The following petition is being filed by Pine Forest Development llC, pursuant to Oregon Revised
Statutes (DRS) 198.705 to 198.955 requesting annexation of the subject property into the 4 Rivers
Vector Control District in Deschutes County, Oregon. The applicant is requesting the services of the 4
Rivers Vector Control District, the principal acts of which would be vector control and management
services.
The subject property is identified on Tax Map Township 20 South, Range 11 East, as Tax lot 103. The
area of the parcel is listed as 613.89 acres. This application includes a copy of the tax map which
includes adjacent roads, property boundary, and section lines. The property lies within sections 8, 9,
16, and 17. Vandervert Road borders the property to the south. Caldera Springs resort property lies to
the west. Both Vandervert Road and roads within Caldera Springs would provide access to Tax lot
103.
The nature of this proposal is for annexation of the subject property into the 4 Rivers Vector Control
District. The property is currently uninhabited. The property is owned in its entirety by the Pine Forest
Development LLC. The applicant anticipates development of the property in the future. Criteria for
development include the ability to provide emergency services. All propertied immediately adjacent
to the subject property to the west and north are currently within the jurisdiction of the 4 Rivers
Vector Control District.
The applicant requests Deschutes County commence with proceeding for annexation. No special
terms or conditions are being requested. With this request, the applicant has included the additional
information that enable the Deschutes County Commission to undertake the proceedings to annex
the proposed territory, subject property, into the 4 Rivers Vector Control District. The attached
documents include a map of the subject property, legal description, and signature page for Special
District Formation or Reorganization -Annexation. As previously noted, the chief petitioner of the
annexation request is Pine Forest Development LlC, the sole landowner.
Pine Forest Development llC respectfully requests proceedings be initiated for annexation ofTax Lot
103, Township 20 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon into the 4
Rivers Vector Control District boundary, pursuant to DRS 198.705 to 198.955.
C;\Users\rhandIDesktopISRLP _PineForest\2014-08-28-SRLP Annexation Request -4RVCO.doc
EXHIBIT 1 to Order 2014-029
Page 1 of 11
± _ TITiaN {a ANNEX PROPE~TO
'-\Vt;':1Z-5 \f£.."lOt2.. llimz..oL I ~ra.lc.,r
(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 198.705 to t98.955~ 1
2. This annexation Petition affects only Deschutes County and '-ttl",,) GL11;,jL. C,uN;;Z,t>L 1<,)2.IC..
(Name of District)
3. The princi pal act for 4 Z v'Sf'tL"z Jlf.(Tc)fl.-G..:Jtl?4X ,J)("ffil.1 C.=r is
(Name of District)
ORS 4-Sz. DW .
(Proper statutory reference, see ORS 198.010)
4. The territory that is subject to this Petition for Annexation is primarily inhabited I uninhabite.d
(circle one). The attached petitions in support of this annexation are signed by land owners
and registered voters in the area proposed to be annexed as indicated opposite their
re~ective signature, and that ..,11 signatures were obtained on or after the 1.." day of
~(rlf!U0ee.. . 204.!i.
5. It is requested th t the proceedings be aken for the annexation of said territory to
d -£ 'iiU)t-i«.."" • Deschutes County, Oregon. 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 "S".
6. That said Petition has been signed by at least 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed .
DATED this ....5.-. day of be."fOij.e:'iZ-•20!X.L~
Phone: li ~1 . 91 '2 . 7S '7...,
DATED this < day of Dc...1e?JE"i7 ,20Ji
)
Phone: e;(~{ , C;,3 •I LB~
Approved by the Board of Commissioners of
Name of District
Signature
By:....".....,...,...,.,._,...--________
(Print Name)
Title: ________
DATED this _ day of _____.• -Approved by City of ________
Signature
By:~~~,...------------
(Print Name)
Title: ________
EXHIBIT 1 to Order 2014-029
Page 2 of 11
J PETITIOa TO ANN~X. PROPE~gv"TO
1JveL\ -eayl.. ~.u?L II r J..Jc.T
(Name of District)
To: The Board of County Commissioners
Deschutes County, Oregon
The undersigned, in support of this Pelition, state as follows:
1. This Petition for Annexation Is filed pursuant to DRS 198.705 to 196.955'1 '1\
2. This annexation Petition affects only Deschutes County and 4 e\JmL~ \ 'H-o~l..\/1\~cr
J I I /I A 1NlIme of 01$1'«;1)
3. fhe principal act for 'i 'l-!Va.4 lIluOI lh)rJbt.{Jl'l\"d..U:":;-[s
(Ne"lft of Olsldd) •
ORS_~ _ 4?t.OlD
(Proper IltMv/oiY relcrenaJ. see OHS 198.(10)
4. The territory that is subject to this Petition for AnneJ(ation is primarily inhabited I uninhabited
(circle one). The attached petitions in support of this annexation are signed by land owners
and registered voters in the area proposed to be annexed as indicated opposite their
(e$peCti,ve signature, and that~all signatures were obtained on or after the li day of
-1.E.d~' , 20 f .
5. It r.~ requested tDal the proceeal gs b"A'Iken for the annexation of said territory to
I.j-ilth:u..i t:c.:r6\.t..~)rtC.ik.. UdW'Z.!t:.:-. Deschutes County, Oregon. A
description of the boundaries of lhe terrrtory to be ~nnexed is attached hereto as Exhibit "An
and depicted on the map attached as Exhibit "S".
6. That said Pelition has been signed by at least 15 percent of the electors, or 100 elactors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed.
DATED this day of th·lo ~/" ____,20~J.. ~'ame:l,t-l~~em-,'J)zu€'lol J.( cort?rlLc. Name: ef,()"'L 5+vbbi£'lf/e.-/~
Address: \X>~D!\. 3<aC~ Address: .&~'i.7~ ?O/v Ar ~llt)1ZvI\J~ 00 '1110/ lSwA JOdl.. _p:7ii:.r
Pl1one: Gi\ .t;rt.~3Z! Phone: $L.}/-.5 ~6>«-1?'=--9-,--_
DATED this _ day of ,20_, _
DATED this day of _____,,200_ Approved by City of _________
Signature
By: ~(p~nn~IN~a~me~J-------
TIlle: ________
EXHIBIT 1 to Order 2014·029
Page 3 of 11
SECURITY DEPOSIT
FOR SPECIAL DISTRICT FORI\1Al'ION OR REORGANIZATION
o FOI~TION Er~NNEXATION 0 WITHDRAWAL 0 DISSOLUrrON
. £lI1W Ve(..1'Q(.. ~:IllDl Djstrict
____No. of precincts in district@$ ___ per Fl:ednct::: $ .-:-:--:-=;-_ (maximum of $10j)Ch'J)
lotal deposit
2. NAME (PRINT)_____~_,~~_~_SrGNATURE_.."....._...._~..... __.""....."._...._.,....."'_..
RESIDENCE ADDRESS ___________________
MAILlJ.'\fG ADDRESS (IF DIFFERENT)____ ..,,,._..__._____.,,_,,..______.
CITY-STATE, Z1P CODE _________~_____
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT _________~__
KIND OF COl\ll'RIBUTION:* CASH BONTI 0 OTI-IEE SECURITY DEPOSIT
3. NAME (PRINT) SICNATUlili___
RESIDENCE ADDRESS __..___~____________
MAILING ADDRESS (IF DIIIFERENf) ..__,...,_.____.. _ ..._,_..__•._____....
CITY, STATE, ZIP CODE ...___________
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KWD OF CONfRlBtmON:* 0 CASH 0 BOND 0 OTHER SECORITY DEPOSIT
CHIEF PETITIONERS
I/w~ hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
_____~___~_".."''''''''''.____.____ district exceed the deposit, IJwe wiI pay t the COUlJ!l treasurer
the amount of the excess, costs (aRS 198.775). -
1. NAME(pRwn()~~~~~_ lic. SIGNATURE ." _I, L"~
RESIDENCE AOoRErs= I DATE • ..~-J) 7-4 c:...
MAIUNG ADDRESS (IF DIFFERENf) 7~:h;;~ ;fuc; ~-1 __,
CffY, STAlE, ZJP CODE j~f-bt~~1.1llTbAYTELEPHONB ~L1B1l....---
... 2. NAME (PRINT) 4 iJv~lZ-1grl~CQ()~""'1h~qsIGNATU~"-.. --,-,-.
RESIDENCE ADDRESS • DATE . ., .
MAILING ADDRESS (IF~ERENT)~~~~ ~~L~---'-_.____ ..._. __ crn~ STATE, ZIP CODE Y51)'V-'jU:?L :=;DA:.~riLEiJfi(5i\IB S~\ .5~. 1;t;'B~_
i 3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE __._........_______.__._._._..__
MAILING ADDRESS (JF DIFFERENT)______~____:_:_:_=,..-._.•-.....-
CITY, STATE,ZIP CODE _________ DAY TELEPHONE _____".__.. ,,'_
'Provide additional description of security deposit on reverse or separate sheets. Addllio.(lal contributors ""'1 be listed on separate sheets arld attached.
EXHIBIT 1 to Order 2014-029
Page 4 of 11
I
PRlNTNAME DATE PROPERTY ADDRESSI
STGNED RESIDENCE ADDRESS
"(lfDil'ferent)
EXHIBIT 1 10 Order 2014·029
Page 5 Of 11
EXHIBIT 'A'
LEGAL DESCRIPTION
PINE FOREST TRACT
A TRACT OF LAND LOCATED IN THE EAST HALF (E If2) OF SECTION 8, THE WEST HALF
(W 112) OF SECTION 9, THE WEST HALF (W 1/2) OF SECTION 16 AND THE EAST HALF (E 1/2) &
SW QUARTER (SW 1/4) OF SECTION 17, ALL IN TOWNSHIP 20 SOUTH, RANGE Il EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNlNG AT THE NORTHEAST CORNER OF TIlE PLAT OF CALDERA SPRINGS, PHASE
ONE, RECORDED FEBRUARY 17,2006 IN SUBDIVISION PLAT CABINET G, PAGE i051,
OFFICIAL RECORDS OF DESCHUTES COUNTY, OREGON, SAID CORNER LYlNG ON THE
NORTH LINE OF THE NORTHEAST QUARTER (NE 114) OF SAID SECnON 8 AND BEING
MARKED BY A USDA FOREST SERVICE 2-112" DIAMETER BRASS CAP MONUMENT STAMPED
(FROM TOP TO BOTTOM) "S5, W-E 1/64,1984, LS 1020";
THENCE, SOUTH 89°48'38" EAST, A DISTANCE OF 1,087.45 FEET, ALONG SAID NORTH LINE
OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 8, TO A POINT Of INTERSECTION WITH
THE WESTERLY LINE OF THE BURLINGTON-NORTHERN RAILROAD RIGHT-Of-WAY AS
SHOWN ON COUNTY SURVEY NO. 04418, RECORDED JANUARY 21. 1985 IN THE DESCHUTES
COUNTY SURVEYORS OFFICE, SAID POINT BEING MARKED BY A 2-1/2" ALUMINUM CAP
MONUMENT STAMPED "BNRR STA 268+65.2, LS 1020, 1984", ALONG WITH OTHER
MARKINGS;
THENCE, DEPARTING SAID NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF
SECTION 8, ALONG SAID WESTERLY RAILROAD RIGHT -OF-WAY LINE, THROUGH THE
FOLLOWING SIXTEEN (I6) COURSES:
PROCEEDING, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE LEFT, THE LONG
CHORD FOR SAID RIGHT-OF-WAY LThTE BEARS SOUTH 7°00'36" EAST, A DISTANCE
OF 333.77 FEET, TO A POINT OF CURVATlJRE WITH A SIMPLE CURVE HAVING A
RADIUS OF 1,960.08 FEET, SAIDPOINTBElNG MARKED BY A 2-1/2" ALUMINUM CAP
MONUMENT STAMPED "BNRR STA BC 273+76.8, LS 1020, 1984", ALONG WITH OTHER
MARKINGS;
THENCE, ALONG SAID SIMPLE CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE
OF 15°04'41", AN ARC DISTANCE OF 515.82 FEET (THE CHORD OF WIIICH BEARS
SOUTH 18°07'48" EAST, A DISTANCE OF 514.33 FEET), TO A 2-1/2" ALUMINUM CAP
MONUMENT STAMPED "BNRIZ STA EC 278+79.3, LS 1020, 1984", ALONG WITH OTHER
MARKINGS;
THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO TIlE LEFT, THE LONG CHORD
ALONG SAID RTGHT·OF-WA Y LINE BEARS SOUTH 29°53 '48" EAST, A DISTANCE OF
425.64 FEET, TO A 2-1/2" ALUMINUM CAP MONUMENT STA.;,\1PED "BNRR STA ES
282+99.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS;
THENCE, SOUTH 31 °59'30" EAST, A DISTANCE OF 936.66 FEET, TO 2-1/2" ALUMINUM
CAP MONUMENr STAMPED "BNRR STA BS 292+44.4, L8 1020, 1984", ALONG WITH
OTHER MARKINGS;
THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RJGHT, THE LONG
CHORD FOR SAID RIGHT-Of-WAY LINE BEARS SOUTH 31°15'28" EAST, A DISTANCE
OF 298.10 FEET, TO A POINT OF CURVATIJRE WITH A SIMPLE CURVE HAVING A
Prelim Pine Forest Bndry legal-Fire DiSl.DOe PAGE 1 OF 4 SEPTEMBER 12, 2014
EXHIBIT 1 to Order 2014·029
Page 6 of 11
SUBJECT TO ANY EASEMhNTS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND
THOSE COMMON AND APPARENT ON THE LAND.
BEARINGS ARE BASED ON THE CENTRAL OREGON COORDINATE SYSTEM (CO.CS.).
OREGON
JULY 20. 2009
SCOTT C. BOLDUC
#79288
Prelim Pine Forest Bndry legal-Fire DIst.DOC PAGE40F4 SEPTEMBER 12, 2014
EXHIBIT 1 to Order 2014-029
Page 7 of 11
13
ANNEXATION REQUEST
to the
4 Rivers Vector Control
District
ADJOINING TAX MAPS ARE ATTACHED
PROPOSED
RRITORY TO
E ANNEXED
16
21
15
11-97
22
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II
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26
I 25
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-AII......I:-"!.1'---Jl..-.......-,I _____.....,..... .-.......
33
36
Exhibit '8'
SHEETN\J~_ 4 Rivers Vector Control District
1 of 1 Annexation Request
Existing and Proposed Boundaries 038137-C1-R~F'~___
TAX MAP T20S R11 DESCHUTES COUNTY
WHPacific
Page 8 of 11
SECTION 17 T.20S. R.l1E. W.I.I. 20 11 17
DESCHUTES COUNTY & INDEX
1-98
('97)
.... L_•
SECTION 08 U.OS. R.IIE. W,M, 20 11 08DESCHUTES COUNTY It INDEX
1'·«10'
1-68
(HIll
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• ~ 11 08
EXHIBIT 1 to Orde"o~~1?gg
PageJO of 11
SEI/4 SEC 5 T. 20S. RIIE.W.M. CIl_e.-IIIt.! .~....'.Otl,I02:.r.x.j)I, 61 ..1800 20 II 5D
DESCHUTES COUNTY
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EXHIBIT "2"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
On December 15, 2014, at 10:00 a.m., the Deschutes County Board of Commissioners will hold
a public hearing to consider a petition for annexation of certain property owned by Pine Forest
Development LLC into the 4 Rivers Vector Control District. This hearing will be held in the
Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend,
Oregon. All interested persons may appear and be heard.
The property Petitioner proposes to annex is comprised of 613.89 acres, and is identified as Tax
Lot 103 at Township 20 South, Range 11 East, Sections 8, 9, 16 and 17, Deschutes County,
Oregon. To view a map and legal description of the boundaries of the proposed annexation,
contact the Deschutes Legal Counsel's Office at 541-388-6624. The purpose of the proposed
annexation is to provide vector control and management services to the property proposed for
annexation.
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.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
To be published in The Bulletin 11/30/14 and 12/10/14
To be posted: 11/30/14
EXHIBIT "2" -ORDER No. 2014-029 (NOVEMBER 12, 2014)