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HomeMy WebLinkAboutOrder 043 - Pine Forest Annex - 4 Rivers VectorDeschutes 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 12/1512014 Please see directions for completing this document on the next page. DATE: 12/12114 FROM: John E. Laherty Legal Phone # 6624 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2014-043 Approving the Pine Forest Development, LLC Annextion into 4 Rivers Vector Control District. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On November 12,2014, the Board signed Order no. 2014-029 scheduling the hearing on the December 15, 2014 regarding the petiton by Pine Forest Development, LLC to annex petitioner's property located located in Tax Lot 103, at Township 20 South, Range 11 East, Deschutes County, Oregon into the 4 Rivers Vector Control District. 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 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 2014-043. ATTENDANCE: John E. Laherty. 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 Pine Forest * Development, LLC Annexation into the 4 * ORDER NO. 2014-043 Rivers Vector Control District. * WHEREAS, a petition requesting annexation of territory into the 4 Rivers Vector Control District. was duly filed with the Deschutes County Board of County Commissioners ("Board") on or about November 12, 2014; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owner of the area(s) 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 4 Rivers Vector Control District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: i I approved. Section 2. The boundaries of the territory annexed to the said district are as set forth in Exhibit "A" (Legal Description) and depicted on the map marked Exhibit "B," attached hereto, and incorporated herein by reference, shall be known as the "Pine Forest Development, LLC." 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 hereto and by this reference incorporated herein. Section 4. That the territory included in the Pine Forest Development, LLC petition for annexation is declared to be annexed into the 4 Rivers Vector Control District as of the date of this Order. III PAGE 1 OF 2-ORDER NO. 2014-043 Section 1. The Pine Forest Development petition for annexation into the 4 Rivers Vector Control District attached to and referenced in Order No. 2014-029 is hereby incorporated by reference and is 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 4 Rivers Vector Control District. Dated this ___ day of December, 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. 2014-043 EXHIBIT "A' LEGAL DESCRIPTION PINE FOREST TRACT A TRACT OF LAND LOCATED IN THE EAST HALF (E 112) OF SECTION 8, THE WEST HALF (W 112) OF SECTION 9, THE WEST HALF (W 112) OF SECTION 16 AND THE EAST HALF (E 1/2) & SW QUARTER (SW 114) OF SECTION 17, ALL IN TOWNSHIP 20 SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF CALDERA SPRINGS, PHASE ONE, RECORDED FEBRUARY 17,2006 IN SUBDIVISION PLAT CABINET G, PAGE 1051, OFFICIAL RECORDS OF DESCHUTES COUNTY, OREGON, SAID CORNER LYING ON THE NORTH LINE OF THE NORTHEAST QUARTER (NE 114) OF SAID SECTION 8 AND BEING MARKED BY A USDA FOREST SERVICE 2-1/2" 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 114) OF SECTION 8, TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE BURLINGTON-NORTHERN RAILROAD RIGHT-OF-WA Y AS SHOWN ON COUNTY SURVEY NO. 04418, RECORDED JANUARY 21,1985 IN THE DESCHUTES COUNTY SURVEYORS OFFICE, SAID POINT BEING MARKED BY A 2-112" 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 (16) COURSES: PROCEEDING, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE LEFT, THE LONG CHORD FOR SAID RIGHT-OF-WAY LINE BEARS SOUTH 7°00'36" EAST, A DISTANCE OF 333.77 FEET, TO A POINT OF CURVATURE WITH A SIMPLE CURVE HAVING A RADIUS OF 1,960.08 FEET, SAID POINT BEING 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 WHICH BEARS SOUTH 18°07'48" EAST, A DISTANCE OF 514.33 FEET), TO A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "BNRR STA EC 278+79.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE LEFT, THE LONG CHORD ALONG SAID RIGHT-OF-WA Y LINE BEARS SOUTH 29°53 '48" EAST, A DISTANCE OF 425.64 FEET, TO A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "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 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA BS 292+44.4, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RIGHT, 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 CURVATURE WITH A SIMPLE CURVE HAVING A Prelim Pine Forest Bndry Legal-Fire Dist.DOC PAGE 1 OF4 SEPTEMBER 12, 2014 RADIUS OF 3,727.85 FEET, SAID POINT BEING IvlARKED BY A 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA BC 295+44.4, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, ALONG SAID SIMPLE CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 2°25'33", AN ARC DISTANCE OF 157.83 FEET (THE CHORD OF WHICH BEARS SOUTH 28°30'18" EAST, A DISTANCE OF 157.81 FEET), TO A 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA 300+04.8, 50' R-W, LS 1020, 1984", ALONG WITH OTHER IvlARKINGS; THENCE, SOUTH 62°42'29" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON A SIMPLE CURVE HAVING A RADruS OF 3,702.85 FEET, SAID POINT BEING MARKED BY A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "BNRR STA 300+04.8, 75' R-W, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, ALONG SAID SIMPLE CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 9°06'00", AN ARC DISTANCE OF 588.10 FEET (THE CHORD OF WHICH BEARS SOUTH 22°44'32" EAST, A DISTANCE OF 587.48 FEET), TO A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "BNRR STA 306+04.8,75' R-W, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, NORTH 71°48'28" EAST, A DISTANCE OF 25.00 FEET, TO A POINT ON A SIMPLE CURVE HAVING A RADrus OF 3,727.85 FEET, SAID POINT BEING MARKED BY A 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA 306+04.8, 50' R-W, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, ALONG SAID SIMPLE CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 8~4'51", AN ARC DISTANCE OF 547.46 FEET (THE CHORD OF WHICH BEARS SOUTH 13°59'06" EAST, A DISTANCE OF 546.97 FEET), TO A 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA EC 308+60.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RIGHT, THE LONG CHORD FOR SAID RIGHT-OF-WAY LINE BEARS SOUTH 8°15'55" EAST, A DISTANCE OF 297.99 FEET, TO A 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA ES 311+60.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, SOUTH 7~9'51" EAST, A DISTANCE OF 2,989.47 FEET, TO 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STABS 341 +59.8, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RIGHT, THE LONG CHORD FOR SAID RIGHT-OF-WAY LINE BEARS SOUTH 6°17'23" EAST, A DISTANCE OF 336.65 FEET, TO A POINT OF CURVATURE WITH A SIMPLE CURVE HAVING A RADrus OF 2,554.51 FEET; THENCE, ALONG SAID SIMPLE CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 8"08'16", AN ARC DISTANCE OF 362.82 FEET (THE CHORD OF WHICH BEARS SOUTH 0"17'35" WEST, A DISTANCE OF 362.52 FEET), TO A 2-112" ALUMINUM CAP MONUMENT STAMPED "BNRR STA EC 348+70.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS; THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RIGHT, THE LONG CHORD ALONG SAID RIGHT-OF-WAY LINE BEARS SOUTH 6°54'37" WEST, A DISTANCE OF 336.42 FEET, TO A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "BNRR STA ES 352+10.3, LS 1020,1984", ALONG WITH OTHER MARKINGS; Prelim Pine Forest Bndry Legal-Fire Dist.DOC PAGE 2 OF 4 SEPTEMBER 12,2014 THENCE, SOUTH &°06'36" WEST, A DISTANCE OF 1690.60 TO A POINT OF INTERSECTION WlTH THE NORTHERLY LINE OF THAT 60.00 FOOT WlDE RIGHT -OF­ WAY FOR V ANDEVERT ROAD; THENCE, DEPARTING SAID WESTERLY RAILROAD RIGHT-OF-WAY LINE, SOUTH 79°01 '34" WEST, A DISTANCE OF 4,907.82 FEET, ALONG SAID NORTHERL Y RIGHT -OF -WAY LINE FOR VANDEVERT ROAD, TO A POINT OF INTERSECTION WlTH THE WEST LINE OF THE EAST HALF 112) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 17; THENCE, NORTH 0°37'54" EAST, A DISTANCE OF 2,316.69 TO A POINT OF INTERSECTION WlTH THE SOUTHERLY LINE OF THE PLAT OF CALDERA SPRINGS, PHASE TWO, RECORDED APRIL 20,2006 IN SUBDIVISION PLAT CABINET G, PAGE 1107, OFFICIAL RECORDS OF DESCHUTES COUNTY, OREGON, SAID POINT BEING MARKED BY A USDA FOREST SERVICE 2-112" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "W 1116, C-C, S17, 1984, LS 1020"; THENCE, NORTH 89°40'38" EAST, A DISTANCE OF 1325.13 ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO A USDA FOREST SERVICE 2-112" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "T20S R1 C 114 S17, 1984, LS 1020"; THENCE, NORTH 0°35'42" EAST, A DISTANCE OF 1350.92 FEET, ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO A USDA FOREST SERVICE 2-112" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "c, N 1/16 S17, C, 1984, LS 1020"; THENCE, SOUTH 89°53'16" EAST, A DISTANCE OF 1,324.37 FEET, ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO A USDA FOREST SERVICE 2-112" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "NE 1116 S17, 1984, LS 1020"; THENCE, NORTH 00]4'23" EAST, A DISTANCE OF 1,340.91 FEET, ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO THE EASTERLY MOST POINT COMMON TO SAID CALDERA SPRINGS, PHASE ONE AN'D CALDERA SPRINGS, PHASE TWO, SAID POINT BEING MARKED BY A USDA FOREST SERVICE 2-1/2" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "E 1/16 S8/S17, 1984, LS 1020"; THENCE, DEPARTING SAID BOUNDARY FOR CALDERA SPRINGS, PHASE TWO, NORTH 0°04'52" EAST, A DISTANCE OF 2,670.69 FEET, ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE ONE, TO A USDA FOREST SERVICE 2-112" DIAl\tlETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "E 1/16, C-C, S8, 1984, LS 1020"; THENCE, NORTH 89°32'34" WEST, A DISTANCE OF 663.68 ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE ONE, TO A USDA FOREST SERVICE 2-1/2" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "S8 C-W-E, 1164, 1984, LS 1020"; THENCE, NORTH 0°01'10" WEST, A DISTANCE OF 2,665.55 FEET, ALONG THE BOUNDARY OF SAID PLAT OF CALDERA SPRINGS, PHASE ONE, TO THE POINT OF BEGINNING. HEREIN DESCRIBED LANDS CONTAINS 614.2 ACRES, MORE OR LESS. Prelim Pine Forest Bndry legal-Fire Dist.DOC PAGE 3 OF 4 SEPTEMBER 12, 2014 SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND THOSE COMMON AND APPARENT ON THE LAND. BEARINGS ARE BASED ON THE CENTRAL OREGON COORDINATE SYSTEM (C.O.C.S.). REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 20, 2009 SCOTT C. BOlDUC #79288 Prelim Pine Forest Bndry legal-Fire Dist.DOC PAGE4QF4 SEPTEMBER 12, 2014 ANNEXATION REQUEST to the LaPine Rural Fire Protection District ADJOINING TAX MAPS ARE ATTACHED .. 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Mop 20 fJ JPARTITION PlAT NO. 1994-13 • "' Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.oLus/cdd/ MEMORANDUM DATE: November 18, 2014 TO: John E. Laherty, Assistant Legal Counsel FROM: Paul Blikstad, Senior Planner RE: Annexation to 4 Rivers Vector Control District; Pine Forest Development, LLC Annexation, Your file no. 16/6-019 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. Additionally, the Comprehensive Plan states the following: "Vector Control District: Four Rivers Vector Control District was formed in 1985 to combat seasonal infestations of mosquitoes. Using environmentally sensitive chemicals, the District fights approximately 22 different species of mosquitoes. The district is located between Sunriver and La Pine. They are the only district in Deschutes County that does aerial mosquito spraying." Staff finds that the proposed annexation to the 4 Rivers Vector Control District is consistent with the County Comprehensive Plan and Statewide Planning Goals. t 1 1 I I Quality Services Performed with Pride I