HomeMy WebLinkAboutRFPD Annex - Thornburgh1,,CESC
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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 June 9, 2008
Please see directions for completing this document on the next page.
DATE: June 3, 2008
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Continued Public Hearing on 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 June 2, 2008, the Board of County Commissioners held a public hearing regarding the petition to
annex to the DCRFPD #1 all of the land that will eventually be the Thornburgh Destination Resort and
surrounding BLM and DSL owned land. The Board continued the hearing to June 9, 2008 in order to
receive more information regarding the ability of the district to provide fire protection services to the
proposed territory.
Since the hearing, Redmond Fire Department Chief, Tim Moor, said that he will be able to provide the
necessary information to the Board but will not be able to do so until after discussing the matter with
the District's board at the District Board's regularly scheduled meeting on June 11, 2008. Therefore,
staff recommendation is for the Board to continue the hearing to June 16, 2008.
ORS 198.805 allows weekly continuations up to four consecutive weeks.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Continue the public hearing to June 16, 2008.
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 corner 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 NW 1/4) of said Section 30;
thence along the south boundary of said E1/2 NW1/4, South 89°38'21" West a distance of
332.61feet to the southwest corner of said E1/2 NW 114; 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 comer of said
E112 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 55047'58" 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 fora 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;
SALand Projects\Cline Butte DR\dwg1040807-plan\docsltlre district annexation - boundary.doc
Legal Description — Exhibit A
Page 1 of 4
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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 comer 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 (SW1/4 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 corner 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 SW 1/4 SW 1/4 and the northwest corner of the east
One -Half of the west One -Half (E1/2 Wl/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 comer 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 SW1/4 NE1/4, South 00°01'48" East a distance of 1313.64 feet to
the southeast comer of said SW1/4 NEI/4 and the northwest corner of the Northeast One -Quarter
of the Southeast One -Quarter (NE1/4 SE 1 /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 One -Quarter of the Northwest One -
Quarter of the Southwest One -Quarter (NW1/4 NW1/4 SWI/4) of Section 23 of said Township
and Range; thence along the north boundary of said NW1/4 NWI/4 SW1/4, South 89°45'45"
East a distance of 666.35 feet to the northeast corner of said NW1/4 NW1/4 SW 1/4; thence along
the east boundary of said NW1/4 NW1/4 SW1/4, South 00°10'39" East a distance of 663.19 feet
to the southeast corner of said NW1/4 NW1/4 SW1/4; thence North 89°46'01" West a distance of
666.71 feet to the southwest corner of said NW1/4 NW1/4 SW1/4 and a point on the east
S:\Land Projects\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 comer 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 light 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 00°56'04" West a distance of 1932.31 feet to the point of
beginning, the terminus of this description.
Excepting Therefrom:
Beginning at the northwest corner 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 corner of said Section 16; thence along the
north boundary of the Northeast One -Quarter (NE1/4) 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 comer of said Section 16; thence along the
south boundary of said SWI/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 comer 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 corner of the
Southwest One -Quarter of the Southeast One -Quarter (SW1/4 SE1/4) of said Section 29; thence
S:\Land Projects\Cline Butte DR dwg\040807-plan\docedirc district annexation-boundmy.doc
Legal Description — Exhibit A
Page 3 of 4
along the east boundary of said SW1/4 SE1/4, North 0]°15'50" West a distance of 1327.53 feet
to the northeast corner of said SW1/4 SEI/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 (S 1/2
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 SW1/4 and the northeast
corner 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
corner 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 NW1/4; thence along the east boundary of said
N1/2 NWl/4, North 00°16'30" West a distance of 1315.54 feet to the northeast corner of said
N1/2 N W1/4 and the northwest corner of the Northeast One -Quarter (NE1/4) of said Section 29;
thence along the north boundary of said NE1/4, 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
LND SUR YOR
OREGON
JULY 19, 1994
DAVID R. WILLIAMS
2686
RENEWAL DATE: 06/30/08
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Legal Description — Exhibit A
Page 4 of 4
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BOUNDARY
PROPOSED FIRE PROTECTION DISTRICT
ANNEXATION
040807—FD. DWG
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.
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MAY 1 4 2008
Quality Services Performed with Pride
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