HomeMy WebLinkAboutOrder 042 - Pine Forest Annex - LPRPD (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: 12/24114
~ FROM: John E. Laherty Legal Phone # 6624
TITLE OF AGENDA ITEM:
Public Hearing and Consideration of Signature of Order No. 2014-042 Approving the Pine Forest
Development, LLC Annextion into LaPine Rural Fire Protection District.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
Public Hearing on this matter was held on December 15,2014, pursuant to Order No. 2014-028, and the
written record held open for completion of a review by the Department of Revenue.
On November 12,2014, the Board signed Order No. 2014-028 scheduling the hearing for 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
LaPine Rural Fire Protection 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 2014-042.
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 * ORDER NO. 2014-042
LaPine Rural Fire Protection District. *
WHEREAS, a petition requesting annexation of territory into the LaPine Rural Fire Protection
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 convened a public hearing on December 15,2014 pursuant to
Order 2014-028, 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 LaPine Rural Fire Protection District; and held open the
written record to December 29,2014 to allow the State of Oregon, Department of Revenue to
complete its review of the legal description and maps submitted by Petitioner; and
WHEREAS, the Board reconvened the public hearing on December 29,2014, to receive into
the record the final maps and legal descriptions approved by the Department of Revenue; now,
therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The Pine Forest Development petition for annexation into the LaPine Rural Fire
Protection District attached to and referenced in Order No. 2014-028 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" (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."
PAGE 1 OF 2-ORDER NO. 2014-042 (December 29, 2014)
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 LaPine Rural Fire Protection District as of the date of this
Order.
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 LaPine Rural Fire
Protection District. I
1 Dated this 29th day of December, 2014.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ALAN UNGER, COMMISSIONER
PAGE 2 OF 2-ORDER NO. 2014-042 (December 29,2014)
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 1/2) OF SECTION 9, THE WEST HALF (W 112) OF SECTION 16 AND THE EAST HALF (E \/2) &
SW QUARTER (SW 1/4) OF SECTION 17, ALL IN TOWNSIlIP 20 SOUTH, RANGE 11 EAST,
WILLAMETfE MERIDlAN, 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 NORTIIEAST QUARTER (NE 114) OF SAID SECTION 8 AND BEING
MARKED BY A USDA :FOREST SERVICE 2-112" DIAMETER BRASS CAP MONUMENT STAMPED
(FROM TOP TO BOTfOM) "S5, WoE 1164, 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 1/4) OF SECTION 8, TO A POINT OF INTERSECTION WITH
THE WESTERLY LINE OF THE BURLINGTON-NORTHERN RAILROAD RIGHT-OF-WAY AS
SHOWN ON COUNTY SURVEY NO. 04418, RECORDED JANUARY 21,1985 IN THE DESCHUTES
COlJNTY SURVEYORS OFFICE, SAlD POINT BEING MARIiliU BY A 2-112" ALUMINUM CAP
MONUMENT STAMPED "BNRR STA 268+65.2, LS 1020,1984", ALONG WITH OTHER
MARKINGS;
THENCE, DEPARTING SAlD NORTH LINE OF THE NORTI-IEAST 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 SAlD RIGHT-OF· WAY LINE BEARS SOUTH 7"00'36" EAST, A mSTANCE
OF 333.77 FEET, TO A POINT OF CURVATURE WITIIA SIMPLE CURVE HAVING A
RADIUS OF 1,960.08 FEET, SAID POINT BRING MARKED BY A 2-112" ALUMINUM CAP
MONUMENT STAMPED "BNRR STA BC 273+76.8, LS 1020,1984", ALONG WITH OTHER
MARIGNGS;
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 STAEC 278+79.3, LS 1020, 1984", ALONG WITH OTHER
MARKINGS;
THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE LEFT, THE LONG CHORD
ALONG SAID RJGHT-OF-WAY LINE BEARS SOUTH 29°53'48" EAST, A DISTANCE OF
425.64 FEET, TO A 2-112" 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 2-1/2" ALUMINUM
CAP MONUMENT STAMPED "BNRR STA BS 292+44.4, LS 1020, 1984", ALONG WITH
OTI::IER MARIGNGS;
THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RIGHT, THE LONG
CHORD FOR SAID RlGIIT-OF-WAY LINE BEARS SOUTH 31°15'28" EAST, A DISTANCE
OF 298.10 FEET, TO A POINT OF CURVATURE WITH A SIMPLE CUR VB HAVING A
I Prelim Pine Forest Bndrv Legal-Fire Dlst.DOC PAGE10F4 SEPTEMBER 12, 2014
l EXHIBIT--I-A...:.....-___
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RADIUS OF 3,727.85 FEET, SAID POINT DEING MARKED BY A 2-112" ALUMINUM CAP
MONUMENT STAMPED "BNRR STA BC 295+44.4, LS 1020, 1984", ALONG WITH OTHER
MARKINGS;
I
THENCE, ALONG SAlD 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 2-1/2" ALUMINUM
CAP MONUMENT STAMPED "BNRR STA 300+04.8, 50' R-W, LS 1020, 1984", ALONG
WITH OTHER MARKINGS;
I
TIIHNCE, SOUTH 62°42'29" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON A
SIMPLE CURVE HAVING A RADIUS 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 9006'00", AN ARC DISTANCE OF 588.10 FEET (THE CHORD OF WHlCH
BEARS SOUTH 22"44'32" EAST, A DISTANCE OF 587.48 FEET), TO A 2-112" 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 RADIUS 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"24'51", 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 2-1/2" ALUMINUM
CAP MONUMENT STAMPED "BNRR STA BC 308+60.3, LS 1020, 1984", ALONG WfTH
OTHER MARKINGS;
THENCE, OPPOSfTH A CENTERLlNE SPIRAL CURVE TO THE RiGHT, THE LONG
CHORD FOR SAID RIGHT-OF-WAY LJNR BEARS SOUTH 8°15'55" EAST, A DISTANCE
OF 297.99 FEET, TO A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "BNRR STA
ES 311+60.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS;
THENCE, SOUTH 7"29'51" EAST, A DISTANCE OF 2,989.47 FEET, TO 2-112" ALUMINUM
CAP MONUMENT STAMPED "BNRR STA BS 341+59.8, LS 1020, 1984", ALONG WITH
OTHER MARKINGS;
THENCE, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE RIGHT, THE 1.0NG
CHORD FOR SAID RiGHT-OF-WAY LINE BEARS SOUTH 6°17'23" EAST, A DISTANCE
OF 336.65 FEET, TO A P01NT OF CURVATURE WITH A SIMPLE CURVE HAVING A
RADIUS OF 2,554.5] 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"BNRRSTA 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" ALUMrNUM CAP MONUMENT STAMPED
"RNRR ST A ES 352+1 0.3, LS 1020, 1984", ALONG WITH OTHER MARKINGS;
Prelim PIne Forest Bndry Legal-Fire Dist.DOC PAGE 20F4 SEPTEMBER 12, 2014
\
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THENCE, SOUTH 8"06'36" WEST, A DISTANCE Or 1690.60 FEET, TO A POINT OF
INTERSECTION WITH THE NORTHERLY LINE OF THAT 60.00 FOOT WIDE RIGHT-OF
WAY FOR VANDEVERTROAD;
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 LrNE FOR
VANDEVERT ROAD, TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST
HALF (E 112) OF THE SOUTHWEST QUARTER (SW 114) OF SAID SECTION 17;
THENCE, NORTH 0"37'54" EAST, A DISTANCE Or 2,316.69 rEET, TO A POINT OF
INTERSECTION WITH 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 MONUM ENT STAMPED (I'ROM TOP TO
BOTTOM)"W 1116, C-C, S17, 1984, LS 1020";
THENCE, NORTH 89"40'38" EAST, A DISTANCE OF 1325.13 FEET, ALONG THE BOUNDARY OF
SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO A USDA FOREST SERVICE 2-[12"
DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "T20S RIlE, C 114
S17,1984, LS 1020";
THENCE, NORTH 0°35'42" EAST, A DISTANCE Of 1350.92 FEET, ALONG THE BOUNDARY or
SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO A USDA FOREST SERVICE 2-112"
DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO B01TOM) "C, N [/[6 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 2-1/2"
DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) "NE 1116817,1984,
LS 1020";
THENCE, NORTH 0°34'23" HAST, A DISTANCE OF [,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 AND CALDERA SPRINGS, PHASE TWO, SAID POINT
BEING MARKED BY A USDA FOREST SERVICE 2-1/2" DIAMETER BRASS CAP MONUMENT
STAMPED (FROM '1'01' TO BOTroM) uE 1116 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 2-1/2" DIAMETER RRASS CAP
MONUMENT STAMPED (FROM TOP TO BOTTOM) "E 1116, C-C, S8, 1984. LS 1020";
THENCE, NORTH 890]2'34" WEST, A DISTANCE OF 663.68 FEET, 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 BOlTOM) "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.
EXCEPTING THEREFROM, THAT PORTION OF HEREIN DESCRIBED LANDS ALREADY LYING
WITHIN THE LAPINE RURAL FIRE PROTECTION DISTRICT.
Prelim Pine Forest Bndry Legal-fire Dlst.OOC PAGE 3 OF 4 SEPTEMBER 12, 2014
SUBJECT TO ANY EASEMENTS, RESTRlCTIONS AND RlGHTS OF WAY OF RECORD AND
THOSE COMMON AND APPARENT ON THE LAND.
BBARlNGS ARE BASED ON THE CENTRAL OREGON COORDINATE SYSTEM (C.O.C.S.).
ORE' N
JAN. 21, 2009
ANDREW N. HUSTON
#61407
Prelim Pine Forest Ilndry Legal·F1re Dlst.DOC PAGE 4 OF 4 SEPTEMBER 12, 2014
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PROPOSED
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ANN EXAnON REQUEST
to the
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District
ADJOINING TAX WAPS ARE ATTACHED
Exhibit 'Bl
LaPine Rural Fire DIstrict
1 of 1 Annexation Request!dIIInu and PfupOIOd BcundIdoa 031131
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TAX MAP T20S Rt1E, WM. DESCHUTES COUNTY
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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.or.us/cdd/
MEMORANDUM
DATE: November 18. 2014
TO: John E. Laherty, Assistant Legal Counsel
FROM: Paul Blikstad, Senior Planner
RE: Annexation to La Pine Rural Fire Protection District; Pine Forest Development,
LLC Annexation, Your file no. 16/6-018
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 selVe
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. It is clear that the ability to acquire fire protection is a valuable
public resource. Staff finds that the proposed annexation to the La Pine Rural Fire Protection
District is consistent with the County Comprehensive Plan and Statewide Planning Goals.
Quality Services Performed 'with Pride C~i liCiT