HomeMy WebLinkAboutOrder 043 - Pine Forest Annex - 4 Rivers Vector (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: 12/24/14
FROM: John E. Lahert~ Legal Phone # 6624
TITLE OF AGENDA ITEM:
Public Hearing and Consideration of Signature of Order No. 2014-04! Approving the Pine Forest
Development, LLC Annextion into 4 Rivers Vector Control 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. 2014-029, 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. 2014-029 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 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
~L
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 convened a public hearing on December 15, 2014 pursuant to
Order 2014-029, 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; 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 4 Rivers Vector
Control District. attached to and referenced in Order No. 2014-029 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, I and incorporated herein by reference, shall be known as the "Pine Forest Development, LLC."
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I PAGE I OF 2-ORDER NO. 2014-042 (December 29, 2014) I
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.
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 29th day of December, 2014. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEB ONE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
PAGE 2 OF 2-ORDER NO. 2014-042 (December 29,2014)
EXHIBIT 'A'
LEGAL DESCRIPT[ON
PINE FOREST TRACT
A TR.ACT 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 1/2) OF SECTION 16 AND THE EAST HALF (E &
SW QUARTER (SW [/4) OF SECTlON J 7, ALL IN TOWNSHIP 20 SOUTH, RANGE 11 EAST,
WILLAMETTE tvIERlDIAN, DESCHUTES COUNTY, OREGON, BETI\G MORE PARTlCUl,ARL Y
DESCRIBED AS FOLLOWS:
BEGrNNING AT THE NORTHEAST CORNER OF THE PLAT OF CALDERA SPRINGS, PHASE
ONE, RECORDED FEBRUARY 17,2006 IN SUBDIVISION PLAT CABINET G, PAGE 105l,
OFFlCIAL RECORDS OF DESCHUTES COUNTY, OREGON, SAID CORNER L YTNG ON THE
NORTH LINE OF THE NORTHEAST QUARTER lNE 1M) OF SAID SECTION 8 AND BEING
MARKED BY A USDA FOREST SERVICE 2-112" DJAI\IETER BRASS CAP MONUMENT STAMPED
(FROM TOP TO BOTTOM) W-E JIM, [984, L8 1020";
THENCE, SOUTH 89°48'38" EAST, A DISTANCE OF 1,087.45 FEET, ALONG SAID NORTH LINE
OF THE NORTHEAST QUARTER (NE I OF SECTION 8, TO A POINT OF fNTERSECTION W[TH
TI-IE WESTERLY LINE OF THE BURLlNGTON-NORTHER.N RAILROAD RIGHT-OF-WAY AS
SHOWN ON COUNTY SURVEY NO. 04418, RECORDED JANUARY 21,1985 IN THE UESCHLTES
COUNTY SURVEYORS OFFICE, SAID POfNT BElNG MARKED BY A 2-1/2" ALUMINUM CAP
MONUME1\T STAMPED "BNRR STA 268165.2, LS 1020, 1984", ALONG WTllI OIltF:R
MARKINGS;
THENCE, DEPARTING SAlD NORTH LINE OF TIlE NORTIIhAST QUARTER (NE 1/4) OF
SECTION 8, ALONG SAID WESTERLY RAILROAD RIGHT-OF-WAY LINE, THROUGH THE
FOLLOW[NG SIXTEEN (16) COURSES:
PROCEEDING, OPPOSITE A CENTERLINE SPIRAL CURVE TO THE LEFT, nIE LONG
CHORD FOR SAID RIGHT-OF-WA Y UNE 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-liT ALUMl NUM CAP
MONUMENT STAi'vIPED HBNRR STA BC 273+76.8, LS 1020, 1984", ALONG WITH OTHER
IvlARKINGS;
THENCE, ALONG SAm SI"IYfPLE CURVE TO THE LEFT, THROUGH 1\ CENTRAL ANGLE
OF [5"04'41", AN ARC DISTANCE OF 515.82 FEET (THE CHORD Of WHICH BEARS
SOUTH 18°07'48" EAST, A DlSTANCF Of' 514.33 FEET), TO l\ 2-112" ALUMINUM CAP
MONUMENT STAMPED "8NRR STA EC 278+79.3, LS 1020, 1984", ALONG WITH OTHER
MARKINGS;
THENCE, OPPOSITE A CENTERU'.,'t, SPIRAL CURVE TO THE LEFT THE LONG CHORD
ALONG SAID RIGHT-OF-WA Y LINE BEARS SOUTH 29°53'48" EAST, A DISTANCE or
425.64 FEFT, TO A 2-1/2" ALUMINUM CAP MONUMENT STAMPED "BNRR STA ES
282 t 99.3, LS [020, [9R4", ALONG WITH OTHER MARKINGS;
THENCE, SOl'TH 31°59'30" EAST, A DISTANCE OF 936.66 FEET, TO 2-1/1" AU):vJlNUM
CAP MON1JMENT STAMPED "BNRR STABS 292+44.4, LS [020, 1984', ALmm 'N1TII
OTHER i'vLARKINGS;
THENCE, OPPOSITE A CENTERLIN'E SPIRAL CURVE TO THE RIGHT, THE LONG
CHORD FOR SAID RIGHT-OF-WAY LINE BEARS SOUTH 3]015'28" EAST, A DISTA:-..:cE
Of 298.10 FEET, TO A POINT OF CURVATURE WITH A S[MPLE CURVE HAVTNG A
Prelirn Pine Forest Bndrv Lega!-Fir(1 DI<;t.DOC PAGE 1 OF 4 SEP:EMBER 12, 20i4
EXHIBIT _..L...Jfr"---___
RADIUS OF 3,7'2785 FEET, SAID POINT BEING [VLARKED RY A 2-112" ALLMINUM CAP
MONUMENT STi\lvll'ED "DNRR STA BC 295+44.4, LS 1020, 1984", AION"G W1TH OTHER
"1A.RKINGS;
THENCE, ALONG SAID S[MPIE CC1ZVE TO THE RIGHT, rHROUGH A CENTRAL
ANGLE or 2°25'33", AN ARC DISTANCE OF 157,83 FEET (THE CIIORD OF WHICH
BEARS SOUTH 28°30'18" EAST, A DISTANCE OF 157.81 FEET), TO A 2-112" ALUMINLM
CAP MONUMENT STAMPED "BNRR STA 300+04.8, 50' R-W, r.S 1020, 1984", ALONG
WTTH OTHER tvLARKINGS;
THENCE, 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 SAID POINT BEING MARKED
BY A 2-1/2" ALl..Th1INUM CAP MONUMENT STAMPED "BNRR STA 300-104,8, 75' R-W,
LS 1020, 1984", ALONG 'W1TH OTHER MARKINGS;
THENCE, ALONG SAID SIl'vfPLE CURVE TO THE RlGHT, 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" ALUMfNuM
CAP MONUMENT STAMPED "BNRRSTA 306+04.8, 75' R-W, LS !O20, 1984", ALONG
WITH OTHER lVL'\RKINGS,
THENCE, NORTH 71°48'28" EAST, A DISTANCE OF 25,00 FEET, TO A POfNT ON A
SIMPLE CUR VB HA VfNG A RADIUS OF 3,727.85 FEET, SAID POINT BEING MARKED
BY A 2-li2" ALUMINlJIVI CAP MONUMENT STAMPED "BNRR STA 306 >'04,8,50' R-W, LS
1020, 1984", ALONG WITH OTHER \1ARKINGS;
THENCE, ALONG SAID SIMPLE CURVE TO THE RIGHT, THROUGII A CENTRAL
}\NGLE 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-l/2" ALUMINUM
CAP MONUMENT STAMPED "BN'RR 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 SAm RIGHT-OF-W A Y LINE BEARS SOUTH 8°15'55" EAS [', A DISTANCE
OF 297.99 FEET, TO A 2-1/2' ALUMThlJM CAP MON"1Jl'vrENT STAMPED "BNRR STA
FS 311 +60,3, LS ~020, 1984", ALONG WITH OTHER MARKlNGS;
THENCE, SOUTH 1"29' 51" EAST, A DISTANCE OF 2,989.47 FEET, TO 2-112" ALUMINuM
CAP MONUMENT STAVIPED "BNRR STA BS 341 '59.8, LS 1020, 1984" ALONG WITll
OTHER MARKINGS:
THENCE, OPPOSITE A CENTERLfNE SPIRAL CURVE TO TIlE RlGI-IT, THE LONG
CHOKl) FOR SAID RlGHT-OF-WAY LTNE BEARS SOUTH 6"\7'23" EAST, A DISTANCE
OF 336,65 FEET, TO A POINT OF CURVATURE WITH A SIMPLE CURVE HAVING A
RADICS OF 2,554.51
THENCE, ALONG SAID SIMPLE CLRVE TO THE RlGHT, THROUGH A CENTRAL
ANGLE OF g008'16", AN ARC DIST'\NCE OF 362.82 FEET (THE CHORD OF WHICH
BEARS SOUTH 0°17'35" WEST, A DISTANCE OF 362.57 TO A 2-U2" MlfylINUM
CAP MONUrv1ENT STAMPED "BNRR 5TA EC 348+70.3, LS uno, [984", ALONG WITH
OTHER Mj\RKJNGS:
THENCE, OPPOSITE A CENTERLfNE SPH{AL CURVE TO THE RIGHT, THE LONG
CHORD ALONG SAID RIGHT-OF-WAY UNE BEARS SOUTH 6°54'37" WEST, A
DfSTANCE 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 MARl<JNGS;
Prelim Pine ,crest Bndry cegal-F;re Dis~ DOC PAGE 2 OF <l S£PTE~ABER 12, 2014
THENCE, SUUTH gO()6'36" WEST, A DISTANCE Of 1690.60 FEET TO A POINT OF
INTERSECTTON W[TH THE NORTHERLY UNE OF THAT 60.00 FOOT WlDE RiGHT-OF
WAY FOR V ANDEVERT ROAD;
THENCE, DEPAR rING SAID WESTERLY RAILROAD RIGHT-OF-WAY UNE, SOUTH 79°01 '34"
\VEST, A DISTANCE OF 4,907.82 FEET, ALONG SAID NORTHERLY RlGHT-OF-WAY LINE fOR
VANDEVERT ROAD, TO A POINT OF INTERSECTION WITH TILE WEST LINE OF THE EAST
HALF 112) OF THE SOUTUVlEST QUARTER (SW 1/4) OF SAID SECTION] 7;
rHENCE, NORTH 0°37'54" EAST, A DISTANCE OF 2.316.69 FEET, TO A POINT OF
INTERSECTION \\i1TH THE SOUT}LERL Y LINE OF THE PLAT OF CALDERA SPRINGS, PHASE
TWO, RECORDED APRIL 20,2006 IN SUBDIVISION PLAT CABINET G, PAGE 1 I07, OFfICIAL
RECORDS OF DESCHUTES COUNTY, OREGON, SAfD POINT BEING MARKED BY A USDA
FOREST SERVICE 2-1/2" DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO
BOTTOM) "W 1/16, C-C, 1984, LS 1020";
THENCE, NORTH 89°40'38" EAST, A DISTANCE OF 1325.13 FEET, ALONG THE SOlJNDARY OF
SAID PLAT OF CALDERA SPRINUS, PHASE TWO, TO A USDA FOREST SERVICE 2-112"
DI/\METER BRASS CAP MONUl'vfENT STAMPED (FROM TOP TO BOTTOM) "TIOS RilE, C 114
S17, 1984, LS 1020";
TfIENCE, NORTH 0"35'42" EAST, A DISTANCE or 1350.92 FEET, ALONG THE BOUNDARY OF
SAID PLAT OF CALDERA SPRlNGS, PHASE TWO, TO A USDA FOR.EST SERVTCE 2-1/2"
DIAMETER BRASS CAP MONUMENT STAMPED (FROM TOP TO BOTTOM) N 1/16 S17, C,
198 4 , LS 1020";
THENCE, SOUTH 89°53'16" EAST, A DISTANCE Of 1,324.37 FEET, ALO?\G THE BOUNDARY OF
SAID PLAT OF CALDERA SPRINGS, PHASE TWO, TO A USDA FOREST SERVICE 2-1/2"
DIA1VfETER BRASS CAP MOI\UMENT STAMPED (FROM TOP TO BOTTOM) "NE 1116 S17, 1984,
LS 1020";
THENCE, NORTH 0"34'23" EAST, A D1STANCE OF 1,340.91 FEET, ALONG TIlE BOUNDARY OF
SAID PLAT OF CALDERA SPRJNGS, PHASE TWO, TO THE EASTERLY MOST POI.NT COtvIMON
TO SAID CALDERA SPIUNGS, PHASE ONE AND CALDERA SPRINGS, PHASE IWO, SAID POINT
BEING lVLARKED BY A USDA FOREST SERVICE 2-112" DlAMHTER BH.ASS CAP MONUMENT
STAMPED (FROM TOP TO BOTroM) "E 1116 S8/S17, 1984, LS 1020";
THENCE, DEPARTING SAID BOUNDARY FOR CAi DERA SPRINGS, PHASE TWO, NORTH
OD04'52" A DfSTANCE OF 2,670.69 FEET, ALONG THE BOUNDARY OF SAID PLAT OF
CALDERA SPRINGS, PHASE TO A USDA FOREST SERVICE 2-1/2" DlA:VlETER BRASS CAP
MONUMENT STAMPED (FROM TOP TO BOTI'OM) "J; ]116, S8, 1984, LS 1020";
NORTH 89°32'34" V.'EST, A D1Sl ANCE OF 663.68 FEET, ALONG THE BOUNDARY Of
SAID PLAT OF CALDERA SPRINGS, PHASE ONE, TO A USDA FOREST SERVICE 2-112"
DIAMETER BRASS CAP MONUlVrENT STAMPED (fROM TOP TO I30TTOM) "S8 1/64,
1984, LS j 020";
THENCE, NORTH 00 01' 10" WEST, A DISTA:JCE OF 2,66555 ALONG nili BOUNDARY OF
SAID PLAT OF CALDERA SPRINGS, PHASE TO THE POINT OF I3EG[)fNING.
HEREIN DESCRIBED LANOS CONTAINS 614.2 MORE OR LESS
Prelim Pine Forest 9ndrv Legal-Fire: Dist.DOC PAGE 3 OF 4 SEPTEMBER 12. 2014
SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND RlGHTS 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.).
n JULY 20, 2009
•. SCOTT C. BOLDUCi"" ~=. __n ..,...,!r!Ej!8;,:;_6__""""_,,
EXPIRES:..l!.:j'J..:~~
'
Prelim Pine Forest Bndry Legal·Fire Dlst.DOe P!I.GE 4 OF 4 SEPTEMBER 12. 2014
ANNEXATION REQUEST
to the
4 Rivers Vector Control
District
AO.«>INlNG TAX MAPS ARE ATTACHED
~..&~~ -: 1
I
121
EXISTING
DISTRICT
BOUNDARY
Exhibit'S'
1 of 1
4 Rivers Vedor Control District
Annexation Request
Eldstlng and Proposed Boundaries
TAX MAP T20S R11 DESCHUTES
16
JJ
PROPOSED
RRITORY TO
E ANNEXED
I
15
11-97
. __ ....;:!.!'l,f! ____
34
2
14
I --r-
I
24
25
36
EXHIBIT B
THIS WAP WAS PREPM~£O n:.lIi'
ASSES$\IEHT PURPOSE ONLY <
R£VI5£O, 05/01/2COlJ
18 17
SEE ijAp 20 11 r;
SECTION 08 T.20S. R.llE. W.W.
DESCHUTES COUNTY
l' = 400
20 11 08
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SECTION 17 T.20S. R.llE. W.W.
R[YiSE!L U812S/10Q6 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 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.
Quality Services Perfonned with Pride
EXHIBIT -----------------