HomeMy WebLinkAboutOrder 041 - Goebel Annex (2)w .. ~ o 0...~~ES ~.......... :t...(
Deschutes County Board of Commissioners
:.0 ,-"G-7/£-, ' 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 andlor 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 ofthe written record for the above orders to January 5, 2014
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
None.
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
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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 13,2014; 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
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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
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