HomeMy WebLinkAboutOrder 040 - Stephenson AnnexDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, oR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ors
AGENDA REOUEST & STAFF REPORT
For Board Business Meeting of December l5r2014
Please see directions for completing lhis document on lhe next page.
DATE: December 10,2014
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Public Hearing and Consideration of Signature of Order No. 2014-040 Order Approving the Chad and
Traci Stephenson Property Annexation into Deschutes County Rural Fire Protecton District #2.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On November 24,2014, the Board signed Order No. 2014-033 scheduling the hearing on the Chad and
Traci Stephenson Property petition by Brad Goebel to annex property located at 63121Lookout Drive,
Bend, Oregon into the Deschutes County Rural Fire Protection District#2. The Board must hold a
hearing on the annexation. The Board must approve the annexation if the Board f,rnds that the property
can be served by the district and the annexation complies with the County's comprehensive plan and
land use regulations. Attached is a memo from Paul Blikstad, Deschutes County Senior Planner, stating
his opinion that the annexation is in compliance with the County's comprehensive plan and land use
regulations.
Because the petition for the annexation was signed by 100% of the land owners, no election regarding
the annexation request is required.
FISCAL IMPLICATIONS:
The County provides all the staff costs for all special district formations and boundaries changes. For
district formations and other boundary changes that are approved, the County bills the district for the
publication costs. For those that are not approved, the County bills the chief petitioners.
RECOMMENDATION & ACTION REQUESTED:
Motion. Approval and signature of Order 2014-040.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS :
Legal Department. Because thes e-sensitive and Legal needs certified copies, please provide
the documents to the Legal Department as soon as they are signed and prior to recording them in the
Commissioners Journals. Legal will make sure they are recorded.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COLTNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Chad and Traci
Stephenson Property Annexation into the
Deschutes County Rural Fire Protection
District #2
ORDER NO, 2014-040
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WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural
Fire Protection District #2 was duly f,rled with the Deschutes County Board of County
Commissioners ("Board") on or about November 13,2014; and
WHEREAS, the Deschutes County Clerk's Offrce verified that the annexation petition
was signed by the real property owner within the areas to be annexed; and
WHEREAS, the Board held a public hearing on December 15, 2014, to hear the petition
and any objections thereto, and to determine whether, in accordance with the Comprehensive
Plan, applicable Land Conservation and Development Goals and the criteria prescribed by ORS
I99 .462 and 1 98.805, the affected areas would be benefited by annexations of said territory into
the Deschutes County Rural Fire Protection District#2; now, therefore
THE BOARD OF COLINTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The Chad and Traci Stephenson petition for annexation into the Deschutes
County Rural Fire Protection District#2 attached to and referenced in Order No. 2014-033 is
hereby incorporated by reference and is approved.
Section 2. The boundaries of the territory annexed to the said district are as set forth in
Exhibit "A" and depicted on the map marked Exhibit "B" of the Chad and Traci Stephenson
Annexation and as set forth, shall be known as the "Stephenson Annexation."
Section 3. The applicable land use criteria pertinent to the proposed Annexation, the facts
found by the Board and the reasons why the Board believes those facts to bring the proposal
within the requirements of the applicable land use criteria are described in Exhibit "C," attached
to the petition hereto and by this reference incorporated herein.
Section 4. That the territory included in the Stephenson Annexation is declared to be
annexed into the Deschutes County Rural Fire Protection District#2 as of the date of this Order.
PAGE 1 OF 2- ORDER NO. 2OI4-O4O
Section 5. After signature, the Legal Department shall forward a copy of this Order to the
Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County
Assessor's Offtce, Deschutes County 911, County Service District, and the Deschutes County
Rural Fire Protection District #2.
Dated this day of December,2}l4 BOARD OF COTINTY COMMISSIONERS
OF DESCHUTES COLINTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ATTEST:
Recording Secretary ALAN LINGER, COMMIS SIONER
PAGE 2OF 2- ORDERNO.2014-O4O
EXHIBIT A
LOT LINE ADJUSTMENT BETWEEN GOEBEL AI\D STEPHENSON
LDGAL DESCRIPTION F'OR NE\il ADJUSTED STEPHENSON PROPERTY
TAX LOT l7-ll-23-00100
A tract of land located in the Northwest one-quarter of the Northeast one-quarter (NW1/4, NEI/4),
in the Northeast one quarter of the Northeast one quarter (NE1/4, NEI/4), and in the Southwest
one-quarter of the Northeast one-quarter (SWl/4, NEli4) of Section 23, Township l7 South, Range
I I East, W.M., Deschutes County, Oregon, being more particularly described as follows:
That portion of the Southwest one-qua¡ter of the Northeast one-quarter (SW1/4, NEI/4) of Section
23, Township 17 South, Range I I East, V/,M., Deschutes Corurty, Oregon, lying North and West of
the of "The Farm" Subdivision, Official Plat No. 271, Deschutes County, Oregon.
The Northwest One Quarter of the Northeast One Quarter (NWl/4, NEli4) of Section 23,
Township 17 South, Range 1 I East of the Willamette Meridian, Deschutes County, Oregon,
EXCEPTING THEREFROM that portion that lies within the bounda¡ies of "The Farm"
Subdivision, Official PlatNo. 271, Deschutes County, Oregon.
ALSO EXCEPTING THEREFROM the following described parcel located in said (NV/l/4,
NEl/4); Beginning at the East one-sixteenth comer common to Sections 14 and 23, Township 17
South, Range I I East of the Willamette Meridian, thence along the Section line common to said
Sections 14 and 23, North 89" 46' 19" West, 6l1.36 feet to a 5/8" iron rod; Thence leaving said
Section line, South 46" 02' 42" East, 167.59 feet to a 5/8" iron rod; Thence South l6Ô 06' 59" East,
241.51feet to a 5/8" iron rod; Thence South 70" 50' 27" East,446.71feet to the Easterly line of the
Northwest one quarter of the Northeast one quarter (NWl/4, NE1/4); Thence along said Easterly
line, North 00" I l' 55" East, 492.51feet to the Point of Beginning.
TOGETHER WITH the following dèscribed parcel located in said Northeast one quarter of the
Northeast one quafer (NIEI/4, NEI/4) of Section 23, Township 17 South, Range 1l East, being
more particularly described as follows: Commencing at the East one-sixteenth aomer common to
Sections I 4 and 23, Township I 7 South, Range 1 I East of the Willamette Meridian, thence along
the V/esterly line of said Northeast one guarter of the Northeast one quarter (NEl/4, NEl/4) of
Section 23, South 00" 1l' 55" West, 492,51feet 1o the TRUE POINT OF BEGINNING of this
description; Thence leaving said line, South 70" 50' 28" East 160.60 feet to the Westerly boundary
of "The Farm" Subdivision; Thence along said rü/esterly boundary and along the arc of a 280.00
foot radius çurve to the right, 107.96 feet, the chord of which bears South 56" 44' 12" West, 107.29
feet; Thence South 67" 46' 35" West, 67.50 feet to said Westerly line of said Northeast one quarter
of the Northeast one quarter (NEl/4, NEl/4); Thence leaving the Westerly line of "The Farm" and
along said Westerly line of the Northeast one quarter of the Northeast one quafer, North 00o I l'
55" East, 137.09 feet to the POINT OF BEGINNING.
Page 1 of 1-Exhibit A of Order No.2014-040
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Gommunity Development Department
Plannlng Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 977Ot-1925
(s41)388-6575 FAX (541)385-7764
ü
or, us/cd d/
MEMORANDUM
DATE:
TO:
FROM:
RE:
December 2,2014
Treana Henley, Legal Assistant
Paul Blikstad, Seníor Planner
Annexation to the Deschutes County Rural Fíre Protection District #2;
Stephenson Property, Yourfile no. 16/6-025
The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance wÍth
the Statewide Planning Goals, encourages the formation of special service districts to serve
rural needs.
Underthe Public Facilities and Services section of the County Comprehensive Plan (Section 3.6
under the Rural Growth Management Chapter, Policies, is the following policy:
3.61. Encourage the formation of special service districts to serve rural needs
rather than having the County serue those needs.
Fire protection is an important parl of rural development, as evidenced by chapter 3.5 on natural
hazards, which includes fire. lt is clear that the ability to acquire fire protection is a valuable
publìc resource. Staff finds that the proposed annexation to the Deschutes County Rural Fire
Protection District No, 2 is consistent with the County Comprehensive Plan and Statewide
Planning Goals.
Page I of 1-Exhibit C of Ordef No. 2014-040
Quølity Seruices Perfonnecl tuith Pri¡le