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HomeMy WebLinkAboutOrder 003 - Approve Annex - Redmond FireDeschutes 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 January 26, 2015 Please see directions for completing this document on the next page. DATE: January 21,2015 FROM: John Laherty Legal Phone (541) 350-4645 TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2015-003 Order Approving the David A. Skvorak and Lisa M. Bowers Property Annextion into Redmond Fire & Rescue District. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: On January 5,2015, Assistant Legal Counsel, John Laherty, requested that the Board continue the written records to the Board's meeting on January 26, 2015, to allow more time for revised maps and/or legal descriptions to be be submitted by the property owners. The issues concerning the legal description and maps have been resolved and the documents have been provided by the property owners. Order No. 2015-003 replaces Order No. 2014-035 due to the continuance of the written record beyond the 2014 calendar year. 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 2015-003. ATTENDANCE: John 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 LEGA~L For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the David A. Skvorak and Lisa * M. Bowers Property Annexation into the * ORDER NO. 2015-003 Redmond Fire and Rescue District. * WHEREAS, a petition requesting annexation of territory into the Redmond Fire and Rescue District 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 owner within the areas to be annexed; and WHEREAS, the Board held a public hearing on December 29,2014, 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 Redmond Fire and Rescue District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section I. That the David A. Skvorak and Lisa M. Bowers petition for annexation into the Redmond Fire and Rescue District attached to and referenced in Order No. 2014-035 is hereby incorporated by reference and is approved. Section 2. That 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 David A. Skvorak and Lisa M. Bowers Annexation and as set forth, shall be known as the "Skvorak and Bowers Annexation." Section 3. 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 the petition hereto and by this reference incorporated herein. Section 4. That the territory included in the Skvorak and Bowers Annexation is declared to be annexed into the Redmond Fire and Rescue District as of the date of this Order. Section 5. 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, Deschutes County 911, County Service District, and the Redmond Fire and Rescue District. PAGE 1 OF 2-ORDER NO. 2015-003 Section 6. The purpose of this District is to provide fire protection services within the District. Dated this day of January, 2015. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ATTEST: ALAN UNGER, VICE CHAIR Recording Secretary TAMMY BANEY, COMMISSIONER PAGE 2 OF 2-ORDER NO. 2015-003 LEGAL DE.W.:'RIPTION A parcel of land situated in the Northeast Quarter and South Half of Section 21 and also in Section 28, Township] 4 South, Range ]2 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at the South Quarter Corner of said Section 28; Thence NOoo09' 42"E, on the north-south centerline of said Section 28, 1324.48 feet to the Southeast Corner of the Northeast Quarter of the Southwest Quarter of said Section: Thence S89°41'20"W, on the south line of said northeast quarter of the southwest quarter, 1321 74 feet to the southwest corner thereof; Thence N00°16'57"E, on the west tine of said northeast quarter of the southwest quarter, 1325.76 teet to the northwest corner thereof; Thence N89°44'36"E, on the south line of the northwest quarter of said Section 28, 1318 94 feet to the southeast corner thereof; Thence N00009' 42"E, on the east line of said nOlthwest quarter, 2476.85 feet to a pOlnt 165.00 feet southerly of the north line of said Section 28; Thence S89°4] '53"W, on a line 165.00 feet southerly of and parallel to said nOlth line, 2643.66 feet to a point on the west Hne of said Section Thence NOOOO) '42"E, on said west line, 165.00 feet to the corner common to Sec.;tions 20, 21,28 and 29; Thence N500 50'23''E, 6868.77 feet to a point 1000 feet westerly of the easlline of said Section 2]; Thence NOool7'03"E, on a line 1 0.00 feet westerly of and parallel to the east line of said Section 21, 1000.00 feet to a point on the north line of said Section 21; Thence S89°34'36"E, on said north Jine, 10.00 feet to the northeast comer thereof; Thence SOooI7'03"W, on the east line of said Section, 2651.35 feet to the east quarter corner of said Section; Thence SOo 0 51 '24"W, on the east line ofsaid Section, 2658.58 feet to the corner common to Sections 21, 22,27 and 28; Thence SOO"06'25"W, on the east line of said Section 28, 3965.90 feet to the southeast corner of the northeast quarter of the southeast quarter of said Section 28; Thence 889°4 J '20W, on the south line of said northeast quarter of the southeast quarter, 1323.91 feet to the southwest corner thereof; Thence SOoo08'20"W, on the east line of the southwest quruter of the southeast quarter of said Section 28, 1138.08 feet; Thence S63°15'35"E, 322.51' feet to a point on the north right-of-way line ofN.W. Coyner Avenue; Thence, on said right-of-way line, N76°20'28"W, 50.00 feet; Page 1 of2 EXHIBIT A to ORDER 2015-003 Thence, on said right-of-way line, on the arc of a tangent 330.00 foot radius curve to the left, (long chord bears N83°21 '12"W, 30.S7feet), 80.77 feet; Thence S89°38'05"W, on said right-of-way line, 159.71 feet Thence SOO"08'Q4"W, on said right-of-way line, 60.00 feet to a point on the south line of said Section 28, also being the southeast corner of the southwest quarter of the southeast quarter of said Section; thence S89°3S'0:5"W, on said south line, 1324.72 feet to the point of beginning. Containing 594.50 Acres, more or less. Page 2 of2 EXHIBIT A to ORDER 2015-003 r N "-eyy'.\oy~ 40 ~-W~ Anr\tVtc( tf\m-\Y\(lu.ckt. \0·• \JJ\d~~ \n Y\oy ~.tC1~ Covn~y O~ ~tC:\'\O"t'\ 2,1 /'$"'/-f'-~.-;=>='~....,;;-._~~....... i , " i ~ ~ ~ Page 1 of2 EXHIBIT B to ORDER NO. 2015-003 ;V'EIV Mtt-P i8 a:) -II<) T.f't S • R,lZ-E., VI""00­o -!)ESCII-tf'TE S QJ C/ N'Tf! t9!2....;' ~ EX/STING -I BOUNDARY LINE ---1 ~ '01 - S 89"J8'05"W 13202' c~~ ---~N 76'?0'28"WI ---50.00 E :1/16 ~ -------­ (r';j Q Rod: 330.00' Arc: BO 77' I­0 ~C! 110 gl~ • ADJUSTED BOUNDARY LINE< 01 ~I /' 1 5 B9'J'B'05"W 159.71' ls mr COYNER A~-~ '-4 Ton: 40.59' CA: 14'01'27" Chd: N BJ'2"'2'W BO.57' ~ / -Z /-Zt::X:Js .... DETM1. Rr";I';Tff~r Il tV /"4'. W t.At' M.v~~ r (, ',' '\I I I ,. HI.' • I 'f\t If I ... "fiNAl ;!: (l/l/lI,W/'" /'/',. f.'I/Ir /' I ANO SlJINt) ()/( 'I.t.PW '·/A'./Ir (11/' S", . SET), ., " .... , .at ..... "....... .c!V.,"'.4 < .,. ~. if",...... ..' ..,.',.,~t iCbl;t~:~~Ih;TY SUA~t-t " , .LEU 0 ~ BY. ~J..U!ILi Of,l C()N JULY 17, 19B1 FREDERICK A. AST. Jr 193e R~N£WAL DAT( 12/JI/05L.. .••___...._..-_______ '. Box 751 Sisters, Oregon 97759 541-549-7851 Page 2 of2 EXHIBIT B to ORDER NO, 2015-003 ii!#iP 'PHI"''"'''I''!'I~''r 4)# l""'Aq4iliii!H4W¢!4Jlli\\(,.U\OPI/&A¥,i4$1lHiifii\'¥P>:IiJlI'ii1tFItIQ.it ;;;;;;r4ViP QAt41411h;tM*"'""''%l' s;;:w bI':U;P.4A M';i$,ii!WI'.OGJtifH";;;;4t\ $l$WiM:;;;;;,MNua".WAM>&WP,.¢\f .. ttfS%¥\Q';",,"M)U'ih4\iililWlIBN'l!H,ji$ 4# %A);, ""#"*<'4 :;:;:::4;)144,.4,11/1.1110;; $,:;"$"P&44~H'M'l!\\4q;;t ¢R tujQ 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: December 15, 2014 TO: John E. Laherty, Assistant Legal Counsel FROM: Paul Blikstad, Senior Planner RE: Annexation to Redmond Fire and Rescue District; SkvoraklBowers Annexation, Your file no. 16/6-021 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. It is clear that the ability to acquire fire protection is a valuable public resource. Staff finds that the proposed annexation to the Redmond Fire and Rescue District is consistent with the County Comprehensive Plan and Statewide Planning Goals. Page 1 of 1 EXHIBIT C to ORDER NO. 2015-003 Quality Services Perfonned with Pride