HomeMy WebLinkAboutOrders 056-060-061 - Hellmuth Annex - 4 RiversDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 22, 2010
Please see directions for completing this document on the next page.
DATE: November 15, 2010.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Public Hearing and Consideration of Signature of Order Nos. 2010-056, 2010-060 and 2010-061
Approving the Hellmuth Annextions into Four Rivers Vector Control District.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
On October 27, 2010, the Board signed Order No. 2010-055 scheduling the hearing on the three
petitions submitted on October 6, 2010, by Lee Hellmuth to annex petitioner's properties located at
54795 Forest Lane, Bend, OR 97707; 54755 Forest Lane, Bend, OR 97707; and 54800 Forest Lane,
Bend, OR 97707 into the Four 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 to Order No. 2010-056 is the memorandum of Paul Blikstad, Deschutes County
Senior Planner, confirming his opinion that the annexation is in compliance with the County's
comprehensive plan and land use regulations.
Because of the Oregon Department of Revenue cartography regulations regarding how the legal
descriptions of the proposed boundaries are to be written, in order to avoid having to hire a surveyor to
write a legal description for just the outside boundaries of the proposed territory if all three properties
were included in one petitioner, Mr. Hellmuth decided to submit separate petitions for each of the
properties. Thus, while all of the petitions may be heard in the same hearing, a spearate order must be
approved by the Board for each property.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
MOTION 1: Approval and signature of Order 2010-056.
MOTION 2: Approval and signature of Order 2010-060.
MOTION 2: Approval and signature of Order 2010-061.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
Legal Department.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Hellmuth Tax Lot 10300
Annexation into the Four Rivers Vector Control
District
*
ORDER NO. 2010-056
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 October 6, 2010; and
WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed
by the real property owners within the areas to be annexed; and
WHEREAS, the Board held a public hearing on November 22, 2010, 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 Four Rivers Vector
Control District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the boundaries of the territory annexed to the said district is as set forth in Exhibit
A, and depicted on the map marked Exhibit B of the Hellmuth Annexation and as set forth, shall be
known as the "Hellmuth Tax Lot 10300 Annexation."
Section 2. That 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 and incorporated
by reference herein.
Section 3. That the territories included in the Hellmuth Annexation is declared to be annexed into
the Four Rivers Vector Control District as of the date of this Order.
Section 4. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon
Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's
Office, County Service District, and the Four Rivers Vector Control District.
Page 1 of 2- Order No. 2010-056
Section 5. The purpose of this District is to provide vector control services within the District.
Dated this November , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Page 2 of 2- Order No. 2010-056
PROPERTY DEESCRIPTION
Tract 2
Being a parcel of land located in the'Northwest one-quarter
Nort"east one-quarter (NW1/4NE1/4) Section Three (3), Township
Twe:::y-one (21) South, Range Ten (10) East, Willamette Meridian,
Dec_hutes County, ORegon. Being more particularly described as
fo flows:
Beginning at the North 1/4 corner to Section 3, Township 21
South, Range 10 East, Willamette Meridian, Deschutes County, Ore-
gon. Thence South 89° 59' 47" East, 794.43 feet along the north
line of said Section 3; Thence South 9° 15' 02" West, 30.40 feet
to the true point of Beginning of this description. Thence South
89° 59' 47" East, 207.76 feet; Thence South 00° 36' 31" East,
694.32 feet to the south bank of Fall River; Thence along the
south bank of Fall River the following six (6) courses, North
84" 40' 35" West, 38.44 feet; Thence North 81° 21' 34" blest,
67.53 feet: Thence South 390 01' 14" East, 155.74 feet; Thence
South 2.0 30' 41" West, 36.37 feet; Thence South 89° 59' 45" West,
335.05 feet; Thence North 11° 19' 34" East, 164.61 feet; Thence
leaving said south bank of Fall River North 9° 15' 02" East,
682.17 fent to the true point of Beginning.
Containing 5.23 Acres more or less.
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Page 1 of 1 - Exhibit A to Order No. 2010-056
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REVIEWED
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LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Hellmuth Tax Lot 10400
Annexation into the Four Rivers Vector Control
District
*
ORDER NO. 2010-060
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 October 6, 2010; and
WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed
by the real property owners within the areas to be annexed; and
WHEREAS, the Board held a public hearing on November 22, 2010, 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 Four Rivers Vector
Control District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the boundaries of the territory annexed to the said district is as set forth in Exhibit
A, and depicted on the map marked Exhibit B of the Hellmuth Annexation and as set forth, shall be
known as the "Hellmuth Tax Lot 10400 Annexation."
Section 2. That 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 Order 2010-
056 and by incorporated by reference herein.
Section 3. That the territories included in the Hellmuth Annexation is declared to be annexed into
the Four Rivers Vector Control District as of the date of this Order.
Section 4. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon
Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's
Office, County Service District, and the Four Rivers Vector Control District.
Page 1 of 2- Order No. 2010-060
Section 5. The purpose of this District is to provide vector control services within the District.
Dated this November , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Page 2 of 2- Order No. 2010-060
PROPERTY DESCRIPTION 722.7,42
Tract 1
Being a parcel of land located in the Northwest one-quarter
Northeast one-quarter (NW1/4NE1/4) Section Three (3), Township
Twenty-one (21) South, Range Ten (10) East, Willamette Meridian,
Deschutes County, Oregon. Being more particularly described as
follows:
Beginning at the North 1/4 corner to Section 3, Township 21
South, Range 10 East, Willamette Meridian, Deschutes County,
Oregon. Thence South 89° 59' 47" Fast, 332.43 feet along the
north line of Section 3 to the true point of Beginning of this
description. Thence continuing South 89° 59' 47" East, 462.00
feet; Thence South 9° 15' 02" West, 712.57 feet to the south
bank of Fall River; Thence along said south bank of Fall River
the following eight (8) courses, North 33° 50' 40" West, 95.18
feet; Thence South 44° 01' 22" West, 153.85 feet; Thence North
42° 26' 15" West, 58.15 feet; Thence North 6° 30' 01" East,
203.16 feet; Thence North 71° 48' 04" East, 78.05 feet; Thence
North 52° 43' 39" East, 78.32 feet; Thence North 75° 42' 58"
West, 195.19 feet; Thence South 89° 00' 22" West. 117.35 feet;
Thence leaving said south bank of Fall River, North 00° 11' 47"
West, 372.21 feet to the true point of Beginning.
Containing 5.00 Acres more or less.
1A0 1"b'F T = Exhibit A to Order No. 2010-060
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LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Hellmuth Tax Lot 10500
Annexation into the Four Rivers Vector Control * ORDER NO. 2010-061
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 October 6, 2010; and
WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed
by the real property owners within the areas to be annexed; and
WHEREAS, the Board held a public hearing on November 22, 2010, 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 Four Rivers Vector
Control District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the boundaries of the territory annexed to the said district is as set forth in Exhibit
A, and depicted on the map marked Exhibit B of the Hellmuth Annexation and as set forth, shall be
known as the "Hellmuth Tax Lot 10500 Annexation."
Section 2. That 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 Order 2010-
056 and by incorporated by reference herein.
Section 3. That the territories included in the Hellmuth Annexation is declared to be annexed into
the Four Rivers Vector Control District as of the date of this Order.
Section 4. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon
Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's
Office, County Service District, and the Four Rivers Vector Control District.
Page 1 of 2- Order No. 2010-061
Section 5. The purpose of this District is to provide vector control services within the District.
Dated this November , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Page 2 of 2- Order No. 2010-061
•
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DESCRIPTION SHEET
370 - iU51
That part of the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of
Section Three (3), Township Twenty-one (21) South, Range Ten (10), East of the
Willamette Meridian, Deschutes County, Oregon, described as follows:
Beginning at the Quarter corner between Section Thirty-four (34), Township
Twenty (20) South, Range Ten (10), East of the Willamette Meridian, and Section
3, Township 21 South, Range 10, East of the Willamette Meridian, being the
Northwest corner of the NW1/4NE1/4 of said Section 3; thence Easterly along the
North line of said Section 3 - 330 feet; thence due South, a distance of 345 L
feet, more or less, to the South bank of Fall River; thence Northwesterly along
the South bank of Fall River to the West line of the NW1/4NE1/4 of said Section 3;
thence Northerly along said quarter section line to the point of beginning.
-END-
•
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.6V f 1 - Exhbit A'to Order Noe 2010-061 ,
STATE OF OREGON )
COUNTY OF DESCHUTES) 55.
1, MARY SUE P[NNOLLOYY, COUNTY CLUJ( AND (n
RECORDER OF CONVEYANCES, IN AND FOR SAID
COUNTY, D0 HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED THIS DAT:
05 A.1'1 10 Mi ll: SI
CLEkr
BY. DEPUTY
HO..i_ J� ��ZZ% . FEE , a.
DESCHUTES COUNTY OFFICIAL RECORDS
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