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HomeMy WebLinkAboutOrder 044 - Thornburgh Resort Annex - RFPD 1Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 2, 2008 Please see directions for completing this document on the next page. DATE: May 20, 2008 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Consideration and Approval of Order 2008-044, approving Thornburgh Resort Annexation into Deschutes County Rural Fire Protection District #1. PUBLIC HEARING ON THIS DATE? YES. BACKGROUND AND POLICY IMPLICATIONS: On April 22, 2008, Thornburgh submitted a petition to annex petitioner's property located in Township 15 South, Range 12 East, Willamette Meridian, Deschutes County. The Board set the required public hearing date for June 2, 2008. All signatures have been received and verifications as to the Deschutes County Comprehensive Plan, as well as the Preliminary Review by the Oregon Department of Revenue have been completed. Order 2008-044 formally approves the annexation of the subject property to The District. . FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Approval and signature of Order No. 2008-044. 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 Thornburgh Resort Annexation into the Deschutes County Rural Fire Protection District #1 * * ORDER NO. 2008-044 WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire Protection District #1 was duly filed with the Board of County Commissioners of Deschutes County on or about April 22, 2008; and WHEREAS, the Deschutes County Clerk's Office has verified that the annexation petition was signed by the real property owner within the areas to be annexed; and WHEREAS, a public hearing was held on June 2, 2008, 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 Deschutes County Rural Fire Protection District #1; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Thornburgh Resort petition for annexation into Deschutes County Rural Fire Protection District #1 attached to and referenced in Order No. 2008-039 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 Thornburgh Resort Annexation and as set forth, shall be known as the "Thornburgh Annexation." Section 3. That the applicable land use criteria pertinent to the proposed Annexations, 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 Thornburgh Resort Annexation is declared to be annexed into Deschutes County Rural Fire Protection District #1 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 Deschutes County Rural Fire Protection District #1. PAGE 1 OF 2- ORDER No. 2008-044 (6/2/08) Section 6. The purpose of this District is to provide fire protection services within the District. Dated this 2nd day of June 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR TAMMY (BANEY) MELTON, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER PAGE 2 OF 2- ORDER No. 2008-044 (6/2/08) Fire Protection District Annexation (Not Surveyed) A parcel of land located in Township 15 South, Range 12 East, Willamette Meridian, Deschutes County, being more particularly described as follows: Beginning at the southeast corner of Section 28 of said Township and Range; thence along the south boundary of said Section 28, North 89°44'49" West a distance of 2605.72 feet to the south one-quarter comer of said Section 28; thence continuing along said south boundary, North 89°45'08" West a distance of 2605.82 feet to the southwest corner of said Section 28 and the southeast corner of Section 29 of said Township and Range; thence along the south boundary of said Section 29, North 89°23'42" West a distance of 2661.15 feet to the south one-quarter corner of said Section 29; thence continuing along said south boundary, North 89°15'33" West a distance of 2635.03 feet to the southwest comer of said Section 29 and the southeast corner of Section 30 of said Township and Range; thence along the south boundary of said Section 30, South 89°59'43" West a distance of 2639.43 feet to the south one-quarter comer of said Section 30; thence continuing along said south boundary, South 89°52'19" West a distance of 1002.10 feet to the easterly right-of-way of Barr Road; thence along said right-of-way line the following one (1) course and one (1) curve: North 00°20'28" West a distance of 2455.89 feet; 188.80 feet along the arc of a tangent curve to the right with a radius of 1880,00 feet, the chord of which bears North 02°32'09" East for a distance of 188.72 feet to a point on the south boundary of the East One -Half of the Northwest One -Quarter (E1/2 NTW 1J4) of said Section 30; thence along the south boundary of said E1/2 NWI/4, South 89°38'21" West a distance of 332.6Ifeet to the southwest corner of said E1/2 NW1/4; thence along the west boundary of said E1/2 NW1/4, North 00°18'19" East a distance of 2662.85 feet to the northwest corner of said E1/2 NW1/4; thence along the north boundary of said E1/2 NW1/4, North 89°53'40" East a distance of 1028.68 feet to said easterly right-of-way of Ban Road; thence along said easterly right-of-way line the following eight (8) courses and seven (7) curves: North 04°15'02" East a distance of 1883.55 feet; 632.79 feet along the arc of a tangent curve to the left with a radius of 603.77 feet, the chord of which bears North 25°46'28" West for a distance of 604.23 feet; North 55°47'58" West a distance of 243.90 feet; 477.87 feet along the arc of a tangent curve to the right with a radius of 543.79 feet, the chord of which bears North 30°37'28" West for a distance of 462.64 feet; North 05°26'58" West a distance of 2079.04 feet; 816.33 feet along the arc of a tangent curve to the right with a radius of 2834.69 feet, the chord of which bears North 02°48'02" East for a distance of 813.51 feet; North 11°03'02" East a distance of 2108.24 feet; 262.49 feet along the arc of a tangent curve to the left with a radius of 1462.53 feet, the chord of which bears North 05°54'32" East for a distance of 262.14 feet; North 00°46'02" East a distance of 353.20 feet; SM.and Projects\Cline Butte DR\dwg\040807-plan docsVire district annexation - boundary.doc Legal Description — Exhibit A Page 1 of 4 • :i f) 13.7 X 11 4-41, aOsol iit,.012OOi:...O.1 Re o ntit:o of*has I:)o hftms County Ri rzI Fire rote mn Diirtrict #i ;aa Actt^pt I'hci: burgh € cti> t Pr pe t s 4rtnekation fin.; 's € rt .s s} $ €i it Fiizrrt? flit Cit} n1= r£'t4t spas Lthin 3 t* fiat; '` ' tE. 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OF MAY, 21107 1411:11' Vaimn Ca 0i1iA4PititOnil r O 1' 3 <olkki>:3Tiik'iti Paw Steinkt) i .t:fof tslio a Mrtji? ily; 519 01 500.78 feet along the arc of a tangent curve to the right with a radius of 1880.46 feet, the chord of which bears North 08°23'47" East for a distance of 499.30 feet; North 16°01'32" East a distance of 468.40 feet; 579.82 feet along the arc of a tangent curve to the right with a radius of 925.38 feet, the chord of which bears North 33°58'32 East for a distance of 570.38 feet; North 51°55'32" East a distance of 210.63 feet; 525.12 feet along the arc of a tangent curve to the left with a radius of 985.38 feet, the chord of which bears North 36°39'32" East for a distance of 518.92 feet; North 21°23'32" East a distance of 5839.99 feet to the southerly right-of-way line of the McKenzie Highway; thence along said southerly right-of-way line, South 79°34'08" East a distance of 5414.34 feet to the east boundary of the Northeast One -Quarter (NE1./4) of Section 8 of said Township and Range; thence along said east boundary, South 00°56'33" West a distance of 1737.63 feet to the east one-quarter of said Section 8 and the west one-quarter corner of Section 9 of said Township and Range; thence along the north boundary of the Southwest One -Quarter (SW1/4) of said Section 9, North 89°49'36" East a distance of 2708.74 feet to the center one-quarter corner of said Section 9; thence along the east boundary of said SW1/4, South 00°34'51" West a distance of 1328.46 feet to the northwest corner of the South One -Half of the Southeast One -Quarter (S1/2 SE1/4) of said Section 9; thence along the north boundary of said S1/2 SE1/4, North 89°44'57" East a distance of 2699.08 feet to the northeast corner of said S1/2 SEI/4 and the northwest corner of the Southwest One -Quarter of the Southwest One -Quarter (SWI/4 SW1/4) of Section 10 of said Township and Range; thence along the north boundary of said SW1/4 SW1/4, South 89°58'00" East a distance of 1326.38 feet to the northeast comer of said SW1/4 SW1/4; thence along the east boundary of said SW1/4 SW1/4, South 00°20'12" West a distance of 1323.94 feet to the southeast corner of said SW1/4 SW 1/4 and the northwest corner of the east One -Half of the west One -Half (E1/2 W1/2) of Section 15 of said Township and Range; thence along the north boundary of said E1/2 W1/2 of said Section 15, South 89°59'43" East a distance of 1323.04 feet to the northeast corner of said E1/2 W1/2; thence along the east boundary of said W1/2, South 00°13'13" West a distance of 5393.31 feet to the southeast corner of said W1/2 and the northeast corner of the West One -Half (W1/2) of Section 22 of said Township and Range; thence along the east boundary of said W1/2, South 00°01'41" West a distance of 1302.13 feet to the northwest corner of the Southwest One -Quarter of the Northeast One -Quarter (SW1/4 NE1/4) of said Section 22; thence along the north boundary of said SW1/4 NE1/4, North 88°49'51" East a distance of 1307.80 feet to the northeast corner of said SW1/4 NE1/4; thence along the east boundary of said SW 1/4 NE1/4, South 00001'48" East a distance of 1313.64 feet to the southeast comer of said SW1/4 NE1/4 and the northwest corner of the Northeast One -Quarter of the Southeast One -Quarter (NE1/4 SE1/4) of said Section 22; thence along the north boundary of said NE1/4 SE1/4, North 89°20'08" East a distance of 1308.95 feet to the northeast corner of said NE1/4 SE1/4 and the northwest corner of the Northwest Onc-Quarter of the Northwest One - Quarter of the Southwest One -Quarter (NW1/4 NW1/4 SW1/4) of Section 23 of said Township and Range; thence along the north boundary of said NW1/4 NW1/4 SW1/4, South 89°45'45" East a distance of 666.35 feet to the northeast corner of said NW1/4 NW1/4 SW1/4; thence along the east boundary of said NW1/4 NWI/4 SW1/4, South 00°10'39" East a distance of 663.19 feet to the southeast corner of said NW 1 /4 NW 1/4 SWI/4; thence North 89°46'01" West a distance of 666.71 feet to the southwest comer of said NW1/4 NW1/4 SW1/4 and a point on the east S:\Land Projccls\Cline Butte DR\dwg\040807-plan\docs\fire district annexation - boundary.doc Legal Description — Exhibit A Page 2 of 4 boundary of said NE1/4 SE1/4 of said Section 22; thence along said east boundary, South 00°08'48" East a distance of 663.24 feet to the southeast corner of said NE1/4 SE1/4; thence along the south boundary of said NE1/4 SE1/4, South 89°18'55" West a distance of 1310.98 feet to the southwest corner of said NE1/4 SE1/4 and the northeast corner of the Southwest One - Quarter of the Southeast One -Quarter (SW1/4 SE1/4) of said Section 22; thence along the east boundary of said SW1/4 SE1/4, South 00°03'33" East a distance of 333.85 feet to the westerly right-of-way line of the Tumalo-Cline Falls Market Road; thence along said right-of-way line the following four (4) curves and three (3) courses: 35.19 feet along a non -tangent curve to the left with a radius of 1462.81 feet, the chord of which bears South 14°37'08" West a distance of 35.19 feet; South 13°55'48" West a distance of 807.50 feet; 841.01 feet along the arc of a tangent curve to the right with a radius of 925.47 feet, the chord of which bears South 39°57'48" West for a distance of 812.37 feet; South 65°59'48" West a distance of 402.90 feet; 1223.53 feet along the arc of a tangent curve to the left with a radius of 2894.82 feet, the chord of which bears South 53°53'18" West for a distance of 1214.44 feet; South 41°46'48" West a distance of 2285.26 feet; 535.05 feet along the arc of a tangent curve to the right with a radius of 2835.55 feet, the chord of which bears South 47°11'08" West for a distance of 534.26 feet to a point on the east boundary of the Southeast One -Quarter (SE1/4) of said Section 28; thence along said east boundary, South 00056104" West a distance of 1932.31 feet to the point of beginning, the terminus of this description. Excepting Therefrom: Beginning at the northwest comer of Section 16 of said Township and Range; thence along the north boundary of the Northwest One -Quarter (NW1/4) of said Section, North 89°40'45" East a distance of 2704.48 feet to the north one-quarter comer of said Section 16; thence along the north boundary of the Northeast One -Quarter (NE 1/4) of said Section 16, North 89°40'28" East a distance of 2702.95 feet to the northeast corner of said Section 16; thence along the east boundary of said NE1/4, South 00°26'22" West a distance of 2640.57 feet to the east one-quarter corner of said Section 16; thence along the south boundary of said NE1/4, South 89°28'55" West a distance of 2689.05 feet to the center one-quarter corner of said Section 16; thence along the east boundary of the Southwest One -Quarter (SW1/4) of said Section 16, South 00°08'10" West a distance of 2693.31 feet to the south one-quarter corner of said Section 16; thence along the south boundary of said SW 1/4, North 89°47'34" West a distance of 2729.45 feet to the southwest corner of said Section 16; thence along the west boundary of said Section 16, North 00°24'21" East a distance of 5317.87 feet to the point of beginning, the terminus of this description. Also Excepting Therefrom: Beginning at the southeast corner of said Section 29; thence along the south boundary of said Section 29, North 89°23'42" West a distance of 1330.57 feet to the southeast comer of the Southwest One -Quarter of the Southeast One -Quarter (SW1/4 SE1/4) of said Section 29; thence SAL -and Projects\Cline Butte DR1dwg\040807-platMocs\ire district annexation - boundary.doc Legal Description — Exhibit A Page 3of4 along the east boundary of said SW1/4 SE1/4, North 01°15'50" West a distance of 1327.53 feet to the northeast corner of said SW1/4 SE1/4; thence along the north boundary of said SW1/4 SE1/4, North 89°15'44" West a distance of 1326.28 feet to the northwest corner of said SW1/4 SE1/4 and the northeast corner of the South One -Half of the Southwest One -Quarter (S1/2 SW1/4) of said Section 29; thence along the north line of said S1/2 SW1/4, North 89°12'18" West a distance of 2613.32 feet to the northwest comer of said S1/2 SWI/4 and the northeast comer of the Southeast One -Quarter of the Southeast One -Quarter (SE1/4 SE1/4) of said Section 30; thence along the north boundary of said SE1/4 SE1/4, South 89°46'54" West a distance of 1317.64 feet to the northwest comer of said SE1/4 SE1/4; thence along the east boundary of the West One -Half of the Southeast One -Quarter (W1/2 SE1/4) of said Section 30, North 00°02'56" West a distance of 1329.16 feet to the northeast corner of said W1/2 SE1/4 and the southeast comer of the West One -Half of the Northeast One -Quarter (W1/2 NE1/4) of said Section 30; thence along the east boundary of said W1/2 NE1/4, North 00°05'11" West a distance of 1325.46 feet to the southwest corner of the Northeast One -Quarter of the Northeast One -Quarter (NE1/4 NE1/4) of said Section 30; thence along the south boundary said NE1/4 NE1/4, North 89°46'00" East a distance of 1317.82 feet to the southeast corner of said NE1/4 NE1/4 and the southwest corner of the North One -Half of the Northwest One -Quarter (N1/2 NW1/4) of said Section 29; thence along the south boundary of said N1/2 NW1/4, South 88°57'37" East a distance of 2586.84 feet to the southeast corner of said N1/2 NW 1/4; thence along the east boundary of said N1/2 NW1/4, North 00°16'30" West a distance of 1315.54 feet to the northeast corner of said N1/2 NW1/4 and the northwest corner of the Northeast One -Quarter (NE1/4) of said Section 29; thence along the north boundary of said NEI/4, South 89°16'27" East a distance of 2590.72 feet to the northeast corner of said Section 29 and the northwest comer of said Section 28; thence along the north boundary of said Section 28, South 89°45'33" East a distance of 2707.84 feet to the north one-quarter of said Section 28; thence continuing along said north boundary, South 89°37'12" East a distance of 2719.27 feet to the northeast corner of said Section 28; thence along the east boundary of said Section 28, South 00°53'32" West a distance of 2639.93 feet to the east one-quarter corner of said Section 28; thence continuing along said east boundary, South 00°56'04" West a distance of 1319.71 feet to the northeast comer of the South One -Half of the South One -Half (S1/2 S1/2) of said Section 28; thence along the north boundary of said S1/2 S1/2, North 89°43'04" West a distance of 5266.70 feet to the northwest corner of said S1/2 S1/2; thence along the west boundary of said S1/2 S1/2, South 01°27'20" East a distance of 1323.13 feet to the point of beginning, the terminus of this description. Subject to: All easements, restrictions and right-of-ways of record and those common and apparent on the land. REGISTERED PROFESSIONAL LAND SUR YOR OREGON JULY 19, 1994 DAVID R. WILLIAMS 2686 RENEWAL DATE: 06/30/08 S:\Land Projects\Clint Butte DRt\dwg\040607-plan'Liocs\tire district annexation - boundary.doc Legal Description — Exhibit A Page 4of4 THORNB URGH RESORT EXHIBIT B-11. FIRE PROTECTION DISTRICT TOWNSHIP 15 SOUTH, RANGE 12 EAST, WM, DESCHUTES COUNTY, OREGON 6 5 1700 4 7 -1 -1 1 � 1 510( I V14 2 Q 1 OtIYt JJJJJJJJ JJJJJJJJJJJJJJJ J JJJJJJJJJJJJJJJ JJJJJJJJJJJJJJJJ JJ JJJJJJJJJJJJJJJ JJJJJJJJJJ-JJJJJJ JJJJJJJJJJJJJJJJ) JJJJJJJJJJ JJJJJJJJ JJJ JJJJJJJJJJJJJJJJ JJJJJJJJJJJJAJJJJJJJ JJJJJJJJ JJJ JJJJJJJJ JJJJ44,J JJJ JJJJJJJJJ JJJJJJJ JJJ JJJJJJJJJ JJJJJJJ JJJ eiooJJJJJ"JJ J 'JJJJJ 'I ) JJJJJJJJJJ JJJJJJ )JJJJJJJJJJ JJJJJJ /JJJJJJJJJJJJ JJJJJJJ JJJJJJJJJJJJ1 JJJJJJ (JJJJJJJJJJ •JJ. !JJJJJJJJJJJJJJJ JJJ JJJJJJJJJJJJJJJJ JJ_J JJJJJJJJJJJJJJJJJ IJJJJ JJJJJ JJJJJ ,. 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J, I, 4 -1J J JJre.rO1*V �♦ J U .-+ • J kg_ Vita - CJ JJJJJJJ4?) )JJJ > JJJJJ ���'.' )IJJJJ ' JJJJJ;/ SEE MAP _JJ-JJJJ _JJ_ J JJJJJJJ -JJ-JJJJJJ -JJ-JJJJJJ IJJJJ _ JJ_JJJJJJ JJJJJJ J_ QJJ I IJJJJ JJJJJJJJJJJJJJ JJJJJJJJJJJJ)_) J JJJJJJJJJJ JJJJJJJJJJ JJJ JJJJJJJ JJJJJ JJJJJ JJJJJ JJJJJ JJJJJ- JJJJJ ..{.JJJ JJJJJ i[(l JJJJJ JJJJJJJJJJJJ JJJJJ J JJJJJ JJJJJ JJJJJJJJJJ JJJ I4kV��j%ji:.�.:�♦i JJJJJ '/ - JJJJJ :%.►ai.., ,►���i-�i,��;�����1,��,����,��1►‘cC!: JJJJJJJJ" JJJJJJJJ '' �!�`h7?JJJJJ ;' /'JJ "J JJJJJJJJJ JJJJJJJJJJJ14•4i JJJJJJ-JJJJJJJ 11.,11.14 1 I I 1 I 1 I I I I I - L101•. �41 JJJJJ % .,j{JJJJJJ 8201 / 8 e400f% 8400 8400 47E MAP 27 sioo Gy- 1500 3000 4500 6000 SCALE: 1" = 3000' PREPARED BY: MilkSURVEYORS; le PLANNERSNEERS RICKMAN, MMUS' S' & ASSOCIATES, INC 698 NW YORK OR/V5 BLWO, OREGON 97701 PHONE (541) 369-9331 9000 . • • ' I THORNBURGH DESTINATION RESORT ....t JJJJJJ JJJJJJ JJJJJJ JJJJJ_( EXISTING FIRE PROTECTION DISTRICT BOUNDARY PROPOSED FIRE PROTECTION DISTRICT ANNEXATION 040807—FD. 0WG Map — Exhibit B Page 1 of 1 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: May 13, 2008 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Ruth Wahl, Associate Planner RE: Annexation to Deschutes County Rural Fire Protection District No. 1; Thornburgh Resort Co., LLC Annexation, Your file no. 16/6-008 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 (Chapter 23.68 of Title 23 of the County Code, Section 23.68.020), Policies, is the following policy: e. Deschutes County shall encourage the formation of special service districts to serve rural needs rather than becoming involved with serving those needs. The County will foster coordination and mutual planning between the County, special districts, utility companies and service corporations. This shall include common trenching where appropriate. Fire protection is an important part of rural development, as evidenced by the comprehensive plan chapter 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 Deschutes County Rural Fire Protection District #1 is consistent with the County Comprehensive Plan and Statewide Planning Goals. .7'11; �_' MAY 1 4 2008 Quality Services Performed with Pride E{AlBrs C'