HomeMy WebLinkAboutOrder 039 - Perry Prop Annex - RFPD2 (2)Deschutes 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 December 29, 2014
Please see directions for completing this document on the next page.
DATE: December 23,2014
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Continuance of Written Records and Consideration of Signature of Order Nos. 2014-039,040 and 041
Approving the Perry Family Oregon Property Trust, Stephenson, Goebel Family Trust Property,
Respectively, Annextions into Deschutes County Rural Fire Protecton District #2.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
On December 15,2014, the Board held hearings on the above proposals to annex the three subject
properties into the Fire District. At the end of the hearing, Assistant Legal Counsel, Laurie Craghead,
requested that the Board hold the written record open until December 29,2014, to allow time for her to
work with the Oregon Department of Revenue ("DOR") to resolve issues raised by the DOR concerning
the maps and legal descriptions for the subject properties. Those issues have not yet been resolved.
Therefore, the Board will be asked at the continued hearings to again continue the written records to the
Board's meeting on January 5, 2015 to allow more time for revised maps and/or legal descriptions to be
submitted by the property owners.
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: Move continuance of the written record for the above orders to January 5, 2014
ATTENDANCE: Laurie Craghead.
DISTRIBUTION OF DOCUMENTS:
None.
RE,VIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE,S COUNTY, OREGON
Order Approving the Perry Family Oregon
Properly Trust Property Annexation into the
Deschutes County Rural Fire Protection
District #2
ORDER NO. 2014-039
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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 13,2074; and
WHEREAS, the Deschutes County Clerk's Office 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
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 COT'NTY COMMISSIONERS OF DE,SCHUTES COLTNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The Peny Family Oregon Property Trust petition for ar¡rexation into the
Deschutes County Rural Fire Protection District#2 attached to and referenced in Order No. 2014-
032 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 Perry Family Oregon Propefty
Trust Annexation and as set forth, shall be known as the "Perry 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 incotporated herein.
Section 4. That the territory included in the Perry 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.2014-039
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 COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
PAGE 2 OF 2- ORDERNO. 2014-039
EXHIBIT A
LOT LINII ÄDJUSTMENT BETWEEN GOEBEL AND PERRY
LEGAL DESCRIPTION IìOR NEW ADJUSTED PERRY PROI'DRiI'Y
TAX LOT l7-l l-14-01200
PARCEI,l I
The South Half of the Southwcst Quarter of the Southeast Quarter (Si/2, S'W1/4, SEl/4) of Scction
14, Townshìp 17 South, Rauge 1l Easl of the Willarnçtte Meridian, l)esshutes Count5i, Oregon.
EXCEPTIN G 'IIIER-EFROM that portion of the S I /2, SW1/4, SE I /4 of said Section [ 4,
describcd as follows: Beginning at a point on the Southerly boundary line of Lot 4, Block 2, Plat of
Saddleback which bears North 36ol5'28" East, 815.32 feet frorn a2 /2" brass cap on a 2" iron pipc
ryrarking the South One Quarter corner of said Sectiol l4; 'I'hcnce South 30'18'09" West, 38.00
feel Thence Norlh 71n54'13" West, i07.07 feet to a point on the Southerly boundary line of said
Lot 4; Thenoe along sai<ì Sorrtherly boundary line, South 89"47'17" F,ast, 120.95 feet (reoord South
89"53'49" East) to the POINT OF BEGINNING.
ÄLSO EXCEPTTNG THEREF'ROI\I thatportion of the S1/2, SWI/4, SEI/4 of said Section 14,
rlescribecl as follows: Beginning at a point <.rn the Westelly bourdary line of said S l/2, SW 1/4,
SEI/4, which bears North 00"22'26" West, 100,00 feet from a2 /r" brass cap on a 2" irol pipe
marking the South One Quarter corner of said Section l4; Thence North 00o22'26" West, 559.70
fest to a point marking the Northwest corner of said S 1/2, SWI/4, SEli4; Thence along the North
line of said S1/2, SWl/4, SE1/4, South 89o47'l?" East, I 10.33 feetl 'I'hencç leaving said North
line, South 10"47'53- Wcst, 569.41 feet to the POINT OFr BEGINNING'
TOGETHER \rytTH that portion of the Southeast Quarter of the Southwest Quarter (SEl/4,
SWl/4) of Section 14, Township l7 South, Range 11 East, Willamette Meridian, Deschutes
County, Oregon, described as follows: Beginning al a 2 /2" brass cap orr a 2" iron pipe marking thc
SouthOneQuartercomcrofsaidsectionl4;thenceNorth89"54'01" West,312.llfeettoapoint
on the ccnterline of Johnson Road, as conslructed.; Thencc along said ccnterline , North 04" I 1 '22"
Easr, 100.25 feet; Thence South 89"54'01" East, 304J3 feet to a point on the Easterly boundary of
said Southcast Quarter of the Southrvest Quartcr (SEl/4, SWI/4); Tbence South 00"22'26" East,
100.00 feet ro the POINT OF BEGINNING, EXCEP'IING THEREF'ROM that portion lying within
the right of way of Joh¡son Road.
AISO TOGIJT'HER WtTIf that portion of Lot 4, Block 2, plat of Saddleback locatcd on the
North Half oflthc Southwest Quarter of the Southeast Quarter (N1/2, SWl/4, SEI/4) of Section 14,
Township )7 South, Range I I East, Willamette Merídinn, I)eschutes Cottnty, Oregon, clcscribed as
follows: Begiming at a point on the Southerly boundary line of said Lo1 4 whioh bears North
36o15'28" East, 815,32 feet from a2 %" brass cap on a 2" iron pipe marking the South One Quarter
coruer of said Section l4; Thencc North 56'46'17" East, 79.36 feet to the Northeasterly boundary
line of saicì Lot 4; Thcnce along said Northeasterly boundary line of said Lot 4, South 29"17'33"
East, 50.25 fect (recor<l South 29o19'38" East) to thc Southeast comer of said Lot 4; thence along
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Page 1 of 2-Exhibit A of Order No. 2014-039
the Southerly boundary line of said l-ot 4, North 89"4'7'17" West, 90,97 fect (reconl North
89'53'49" West) to rhe POINT OF BEGINNING.
ALSO TOG.ETHER'WITH a tract of land located in the Southcast Onc Quarter of the Southeast
Onc Quarter (SEl/4, SEI/4) of Section 14,'Iownship l7 South, Rangc 11 East, Willamctte
Meridian, Deschutcs County, Oregon, dçscribqd as f-oll<lws: Beginning at thc Hast one-sixteenth
conier comÌnon to Scctions 14 and 23, Torvnship I7 South, Range I I tsest of the Willamette
Meridian also being thc Southwest comer of that tract of land described in Volume 2000, Page
22122,Deschutes County Official Records, snid tract being Tract 8, Klippel Acres (unrecorded),
C02126, Deschutcs Courrty Survcyor's Office Records; Thence South 89"54'15" East, along the
South line of said ftac|,46,71feet; Thence leaving saicl South line, North 0lo2S'll" West, 81.91
feet; Thence North 09q26'46" West, I l?.60 fect; Thence North lS'28'15" West, 83,99 feet to the
\trest ìine of said tract; Thence South 00o16'04" East, along said linc,27'7 .48 fset to the POINI' OF
BEGINNING;
Parcel 2
A tract of land locatcd in the Northwest One Quarter of the Northcast Onc Quarter (NW1/4, NEl/4)
and in the Northeast Onc Quarter of the Nofheast Onc Quarter (NBl/4, NEI/4) of Section 23,
Township l7 South, Range I I B,ast, Willarrrette Mcriclian, Deschutes Cottnty, Oregon, more
particularly described as follows:
Beginning at the East one-sixteenth corner common to Sections 14 and 23, Township l7 South,
Range I I East of the Willamctte Meridian, Thcnce along the North line of said Northeast One
Quarter of the Northeast One Quarter (NEl/4, NEI/4), Sc¡uth 89o54'15" East, 223,'72 feet to the
Northwest corner of "Tho Farm", a recorded subdivision; Thence leaving said North line and said
Northwest cofuer, South 53o0?'57" WesÎ,215.15 fcet; ThenceNorth 36o48'16" \{est, 34.57 feel;
Thencç South 76"19'33" West, 9,67 fe;et; Thence South 60n30'40" West, 26,11 feet; Thence South
08051'30" Wcst,23.95 feet; Thence South 33'41'28" West, 16.62feel: Thçnce South 66o45'29"
West, 81,67 feet; Thence North 83"49'12" West, 85.95 feet; Thence North 78"39'13" West, 36.91
feet; Thcnce North ó3"33'17" West, 16.23 f.cct; ThcnccNorth 64'05'1ó" Wcst,38.95 feet; Tbence
North ?6"33'22" West, 67 ,37 îeet: North 42"02'10" Vy'est, 132,29 fect; Sorrth 42'54'57" West,
I 1l.8? fect; North 46"02'42" Vy'est, 167.59 feet to the North line of said Norlhwcst One Quarter of
thc Northeast One Quater (NV/l/4, NR1i4)lThcncc along saidNonh line, South 89o46'19" East,
6l1.36 feer ro rhe PotNT oF BEGIN¡\ING,
Preparcd by Baxter Lancl Surveying, Inc. P.O. Box 7022 Bend, OR 97708 (541)-382-1962
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ô Gommunity Development Department
Planning Division Building Safety Division Envlronméntàl He¿lth Division
117 NW Lafayette Avenue Bend Oregon 977Ot-7925
(s41)388-657s FAX (541)38s-7764
http ://www.co,deschutes .or.us/ cdd/
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DATE:
TO¡
FROM:
RE:
MEMORANDUM
December 2,2014
Treana Henley, Legal Assistant
Paul Blikstad, Senior Planner
Annexation to the Deschutes County Rural Fire Protection District #2; Perry
Family Oregon Property Trust, Your file no, 1616-024
The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with
the Statewide Planning Goals, encourages the formatlon 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 seruice districts to serve rural needs
rather than having the County serue those needs.
Fire protection is an important pañ of rural development, aE 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 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 1 of 1-Exhibit C of Order No .2014-039
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