Loading...
HomeMy WebLinkAboutOrder 041 - Goebel AnnexDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 383-6570 - Fax (541) 385-3202 - www.deschutes.ors AGENDA REOT]EST & STAFF REPORT For Board Business Meeting of December l5r20l4 Please see directìons for completing this clocument on llte next püge. DATE: December 10,2014 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AG Public Hearing and Consideration of Signature of Order No. 2014-041 Order Approving the Goe bel Family Trust Property Annextion into Deschutes County Rural Fire Protecton District #2. PUBLIC HEARING ON THIS DATE? YES. BACKGRO AND POLICY IMPI ,ICÁ,TIONS: On November 24,2014, the Board signed Order No. 2014-034 scheduling the hearing on the Goebel Family Trust Property petition by Brad Goebel to annex petitioner's property located at 63175 Lookout 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 finds 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 TIONS: 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. RECO ON & ACTION IIESTED: Motion. Approval and signature of Order 2014-04I. ATTENDANCE: Laurie E.Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. Because these are time-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 COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Goebel Family Trust Properly Annexation into the Deschutes County Rural Fire Protection District #2 ORDER NO. 2014-041 )t * * WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural Fire Protection District #2 was duly filed with the Deschutes County Board of County Commissioners ("Board") on or about November 13,2014; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property ownel 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 199.462 and 198.805, 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 COUNTY COMMISSIONERS OF DESCHUTES COLTNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Goebel Family Trust petition for annexation into the Deschutes County Rural Fire Protection District#2 attached to and referenced in Order No. 2014-034 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 Goebel Family Trust Annexation and as set fofth, shall be known as the "Goebel 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 Goebel 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- ORDERNO. 2014-041 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 Office, Deschutes County 911, County Service District, and the Deschutes County Rural Fire Protection District #2. Dated this _ day of December, 2014.BOARD OF COTINTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR ANTHONY DEBONE, VICE CHAIR ATTEST Recording Secretary ALAN UNGER, COMMISSIONER PAGE 2 OF 2. ORDERNO. 2014-041 EXHIBIT A I LOT LINE ADJUSTMENT BETWEEN GOEBEL AND STEPHENSON LEGAL DESCRIPTION FOR NE\ry ADJUSTED GOEBEL PROPERTY TAX LOT 17-11-23-00101 A tract of land located in the Northwest One Quarter of the Northeast One Quarter (NrWl/4, NEI/4) and in the Northeast One Quarter of tÏe Northeas One Quarter OIEI/4, NEl/4) of Section 23, Township l7 Soulh, Range I I East, Willamette Meridian, Deschutes County, Oregon, more particularly deso¡ibed as follows: Commencing at the East one-sixteenth comer coÍrmon to Sections 14 and 23, Township 17 South, Range 1l East of the Willamette Meridian, Thence along the Northerly line of the Northeast One Quarter of the Northeast One Quarter (NE1/4, NEI/4) of said Section 23, South 89"54'15" East, 223.72 feet to the Northwest comer of "The Farm", a recorded subdivision and the TRUE POINT OF BEGINNING of this description; Thence leaving said Northerly line ærd along the Westerly line of said subdivision; South I6o14'07" East, L32.21feet; Thence along the arc of a 280.00 foot radius curve to the right, 100.60 feet, the chord of which bears South 05"56'34" East, 100.06 feet; Thence South 04o20'59" West, 46.66 feet; Thence along the arc of a 406.76 foot radius curve to the right,144.24 feet, the chord of which bears South 14o30'29" West, 143,48 feet; Thence South 24"39'59" West,54.42 feet; Thence along the arc of a 230,00 foot radius curve to the right, 102J4 fect, the chord of which bears South 35o10'38" \il'est, 102.16 feet; Thence leaving said Westerly line of said subdivision, North 70o50'27- West, 160.60 feet to the Westerly line of said Northeast One Quarter of the Northeast One Quarter (NE1/4, NEl/4); Thence leaving said Westerly line and continuing No¡th 70"50'27" West,446,7l feet; Thence North 16"06'59" West, 247.51 feet; Thence North 42'54'57" East, 1 I L87 feet; Thence South 42'02'10" East, 132.29 feet; Thence south 76.33',22" Easl, 67 .37 feet; Thence South 64o05'16" East, 38.95 feet; Thence South 63o33'17"East,16.23feet;ThenceSouth78'39'13"East,36.91 feet;ThenceSouth83o49'12" East, 85.95 feet; Thence North 66"45'29- East, 81.67 feet; Thence North 33'41'28" East, 16.62 feet; Thence No¡th 08"51'30" East, 23,95 feel; Thence North 60"30'40" East, 26.11 feef: Thence North 76"19'33" East, 9.67 feet; Thence South 36o48'16" East, 34.57 feet; ThenceNorth 53o07'57" East, 2 1 5. I 5 feet to the POINT OF BEGINNING' Page I of 1-Exhibit A to Order No. 2014-041 SE C T I O N 23 T . 1 75 . R. 11 E . W. M . DE S C H U T E S CO U N T Y 1" = 40 0 ' SE E 17 MA P i 11 14 €' 10 1 4. 3 2 AC .t ñ 1200 ! I côAÀa 1-17 t77.þ.C 5t 31 1 300 1"3 B.79AC ':,r7 0 77 AC I ¡ ¡ê Þî I ry ,4-Á 2 10 0 0 4 /) í; 7 . c i 14 0 0 90 0 41 - t- ù ' . 5' l û1 1i n^ ' /. ¿ r- { Ì \ ! ' -¡ '¿ . 1 37 '' , / . } ,j F ' t s o o I Pa g e 1 of I I ì1 . 1 ì îô .1 t t 1' 1 0 0 Ê/ . 1 5È " å 2 J u** Li 4 1 tq 10 0 2î 1i . J A C Or d e r No . 20 1 4 - 0 4 1 =9 . 57 . 4 9 3 !i 0 Gommunity Development Department Plannlng Dlvlsion Bullding Safety Division Environmental Health Dlvlsion 117 NW Lafayette Avenue Bend Oregon 977O7-t925 (s41)388-6s7s FAX (s41)385-1764 http ://www.co.deschutes, or, us/cdd/ MEMORANDUM DATE: TO: FROM: RE: December 2,2014 Treana Henley, Legal Assistant Paul Blikstad, Senior Planner Annexation to the Deschutes County Rural Fire Protection District #2; Goebel Family Trust Property, Your file no. 16/6-026 The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with the Statewide Planning Goals, encourages the formation of special service districts to serve rural needs. Under the 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 serve those needs, Fire protection is an important part 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 public resource. Staff fínds 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 Order No, 2014-041 QuøIity Seraices Perfonnerl zuìth Prid.e