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Home My WebLink AboutTumalo Irrigation District UpdateBRYANT, LOVLIEN & JARVIS, PC Al ioRNI'' 5 AI Llw GSfARi. 1511 I'I) 1915 Neil R. Bryant Robert S. Lovlien John A. Berge Sharon R. Smith John D. Sorlie Mark G. Reinecke Melissa P. Lande Kitri C. Ford Paul J. Taylor Kyle D. Wuepper Jeremy M. Green Helen L. Eastwood Peter A. Christoff Melinda Thomas 591 S.W. Mill View Way Mail: P.O. Box 880 Bend, Oregon 97709 Phone: (541) 3824331 Fax: (541) 389-3386 W W W.BLJLAWYERS.COM February 3, 2009 Via: E-mail and Hand Delivery Deschutes County Board of Commissioners c/o Dave Kanner, Deschutes County Administrator 1300 NW Wall Street Bend, Oregon 97701 Re: Tumalo Irrigation District The following is a summary for discussion at the Work Session. Deschutes County owns a 40 acre parcel shown as Tax Lot 1200 on the attached exhibit. This parcel is landlocked, as it has no access to a public road. Tumalo Irrigation District ("TI))") owns four nearby parcels and desires to partition them. In order to provide access to TID's parcels and the County's parcel, TID proposed a dedicated county road as shown on the attached exhibit. TID and the County entered into the attached IGA in 2005 that outlines the steps to dedicate the road, thus providing access to both properties. The IGA provides that the County will agree to dedicate property along its westerly boundary to accomplisl a portion of the road dedication. The IGA states that the County has not and will not t. ike a position on whether the contemplated land use actions would be approved. In 20 )6, TID and the County submitted the road dedication application and their respective partition/non-farm dwelling applications. Once opposition to the partitions and road dedication arose, we decided to proceed with one partition and the road dedication and place the others on hold to see how the legal challenges would be resolved. The ot'ier applications were later withdrawn due to statutory time limits. The road dedication and a single partition with two conditional use permits for non- farm dwellings on TID's property were approved. Central Oregon Landwatch appeal:�d the approvals to LUBA. LUBA remanded the decision and recently Hearings Officer Briggs upheld the original approval with additional Conditions of Approval. If Central Oregon Landwatch does not appeal the remand decision to LUBA, TID proposes to complete the road dedication and re -file the remaining partitions and non-farm dwell i rig applications for TID and the County. Sincerely, Sharon R. Smith smith@bljlawyers.com Enclosure kh 525-041 109.doc 711 H FEB - 4 2009 , `, BOARD OF COMMi SIGNERS ,�,�c-lire?jfllJ II ii i T --r • I • y i I I I i I I I I I I _ JII 1 I-' I 11 I :� j. i l ti PARCEL 1 450' ®'a.5 20 At. 12.5 TL1100 20 Ac. I 10.1 Ac. / 400 S i0' • 1 4 J 0 ' PARCEL 2 i PARCEL 2 0 300 600 1200 sr PROPOSED BUILDING SITE r \- 555' C/L RAD. 1200 TL 10400 1-=200' DETAIL 555' C/L RAD. PROPOSED 60' R/W TL 400 v5 PARCEL 3 10.1 Ac. 63C— 03 TL 100 $I PARCEL 1 I 27 Ac. 700' ii N PARCEL 1 80 Ac. (Gross) 7 4Q. __ _ \ PARCEL 2 ; 7L P03 17 Ac. e -700' -i... I \ \ J 7L 000 '.'[ "\-\A\ I 301 PARCEL 1 42 Ac. PARCEL 2 31 Ac. ra O n r T __. 1 \ II -+ - - -- __ V__ -i_.__ -1-I 1 1 1 j 11 ij II I 1 _ II I P.\CADDPROJ\ud.0035\d.0T113%0035-PARCEL-EX.. Ong Nov 02,2005 - 13,43on %icy DE81(Pk CHECKER OWAW7t idv DATE 7 -?6-05 9CALe 1" = 600' FILE 00X0035\TIDX0035-PARCEL-EXBT.dwq REVISIONS I — — H li I YYY DAVID EVANS AND ASSOCIATES INC. 709 NW Well Str••t, Sult• 102 Bend. Oregon 97701 (5411 389-1914 1000' 1000' 1— EXHIBIT TUMALO IRRIGATION DIS "RICT NON -IRRIGATED EFU PA (CEL PARTITION AND ACCESS ROAD . ,LIGNMENT For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT DATED: ) ern iL, / 4 , 2005 PARTIES: RECITALS: DESCHUTES COUNTY a Political Subdivision State of Oregon AND ("County") TUMALO IRRIGATION DISTRICT an Oregon Irrigation District ("District") A. The County is a political subdivision of the State of Oregon authorized to provide services to its citizens living within its boundaries. B. The District is an irrigation district of the State of Oregon authorized to carry out the purposes of the Irrigation District law, pursuant to ORS 545.221. C. The County and the District have entered into this Agreement pursuant to ORS 190.003 et seq. to carry out their respective responsibilities. D. The District owns the following Properties, as shown on the attached Tax Map, Exhibit A: • Tax Map 16-12-30, Tax Lot 400 • Tax Map 16-11-25, Tax Lot 1100 • Tax Map 16-12-31, Tax Lot 100 • Tax Map 16-12-23, Tax Lot 300 • Tax Map 16-11-00, Tax Lot 10400 • Tax Map 16-11-36D, Tax Lot 100 Page 1 of 4 IGA — Tumalo Irrigation District E. The County owns property Tax Map 16-11-25, Tax Lot 1200, as shown on attached Tax Map, Exhibit A. The County owned property is a 40 acre parcel which currently has no permitted access to a public road. F. The District desires to partition four of the Properties as shown on the attached Exhibit B. In addition, the District desires to dedicate to the County a road with 60 feet of right of way, also shown on attached Exhibit B, which would provide access to the District properties and would also provide access to the County property. As part of that road dedication, the District would be seeking an emergency access permit from the Oregon Department of Transportation to allow emergency access onto Highway 20, as shown on the attached Exhibit B. If such access is denied or conditioned, the parties will either agree on another approach to accomplish the terms of this Intergovernmental Agreement or this Intergovernmental Agreement will terminate. The District desires to develop and sell the parcels in order to utilize funds to continue its canal piping projects. The County has determined that the County property is surplus and may also desire to sell and utilize the proceeds for other purposes. It is in the County's best interest to participate in the road dedication to provide access to its parcel. Additionally, the County desires to also partition its property into two parcels in order to increase the value of the public's property. AGREEMENT: 1. The County agrees to sign the road dedication land use application for that portion of the County property that would be included in the roadway dedication. The County Administrator is authorized to sign on behalf of the County. The District will bear all responsibility for filing the land use applications for the road dedication and for the partitioning of its property. The County shall have no responsibility for any fees associated with the road dedication application. 2. The District will provide to the County for its review and approval a draft Burden of Proof and Application for a partition and conditional use for non-farm dwellings for the County property. The County will only bear the cost associated with the application fees and any engineering costs related to the County property. 3. The District will bear the responsibility of filing and pursuing the land use actions described above at no cost to the County other than as described in paragraph 2. 4. The County has not, and will not take a position on whether the contemplated land use actions will be approved. 5. EFFECTIVE DATE. The effective date of this Agreement is upon execution of this Agreement. Page 2 of 4 IGA — Tumalo Irrigation District 6. NO AGENCY OR PARTNERSHIP. 6.1 It is agreed that neither party is acting as an agent of the other party for any purpose, that neither party is carrying out a function on behalf of the other, and that neither party has the right of direction or control of the manner in which the other delivers services under this Agreement nor the right to exercise any control over the activities of the other party. 6.2 Neither party is, by virtue of this Agreement, a partner or joint venture with the other party and neither party shall have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. 7. HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. S. INCORPORATION OF RECITALS. The recitals set forth above are hereby incorporated into and made a part of this Agreement. 9. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof, and supersedes any and all prior or contemporaneous agreements or understandings between the parties, if any, whether written or oral, concerning the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be modified or amended except by a writing signed by both parties. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Page 3 of 4 IGA — Tumalo Irrigation District DATED this ,h9 day of Dc� -,i 4e , 2005. ATTEST: Recording Secretary TUMALO IRRIGATION DISTRICT BY: ITS: s' c : /1177Z . BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, CHAIR MICHAEJ, J. DALY, COMMISSIONER DENNIS R. LU COMMISSIONER IONER Page 4 of 4 IGA — Tumalo Irrigation District EXHIBIT A .oc r ai.r, J r -.IN:-.- I .IN:�I P i 1, 'l'E PARTITION PLAT NO 994-24 BN Mro 6 12 Vii, i 1 i X: ! I 1 1 I I 1` 7 I I I I 1 '�\l . [aim iil ' -[..-- I I ` ..\ 1 ! PARCEL 1 20 Ae. 1i !EXHIBIT I TL 100 PARCEL 2 20 Ac. 4r - J O 300 600 1200 • PROPOSED BUILDING SITE 71.600 IL1134X1 PARCEL 2 10.1 Ac, n 400 30 1'-200' DETAIL 555' CA RAD. / PARCEL 3 1 ldt Ac. 7g I H J -- 700• nloo PARCEL 1 27 Ac. • • PARCEL 1 80 Ac. (Gro..) PARCEL 2 1L 200. 17 Ae. 700' nano » I PARCEL 1 -§ 42 Ac. 1000' PARCEL 2 31 Ae. 0 1000' PROPOSED 60' RAY ) 555' CA RAD. 1 I I II ! !I I I i MC..r.4Jtte.r, fti0l11WYu]5-Yµ[(l-01Cid.9 Iy ISRI.S - III.n AI* 41 IF . i ii II !i 1 I I I L..� DIS Jdp 11e 7-26-05 ecce r = 600' T1DX0035\T10X0035-PARCEL-EXBLdwa IlEVI910N1 YYY DAVID EVANS AND ASSOCIATES IND. 709 NW W.11 atr..t 11011• 109 0. d, 0 91101 Ii/u 799.7111 EXHIBIT TUMALO IRRIGATION DISTRICT NON -IRRIGATED EFU PARCEL PARTHION AND ACCESS ROAD ALIGNMENT