agenda request & staff report for board business …€¦ · agenda request & staff report...

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 August 26, 2015 _____________________________

Please see directions for completing this document on the next page.

DATE: August 19, 2015 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2015-040 Approving the Hayes Annextion into the Redmond Fire and Rescue District. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On August 5, 2015, the Board signed Order No. 2015-039 Accepting Petition and Scheduling Public Hearing on the Hayes Annexation petition by Scott and Pamela Hayes Living Trust to annex petitioner's property located at 10135 NW Coyner Avenue, Redmond, Oregon into the Redmond Fire and Rescue 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 is a memo from Paul Blikstad, Deschutes County Senior Planner, stating his opinion that the annexation is in compliance with the County's comprehensive plan and land use regulations. Because the petition for the annexation was signed by 100% of the land owners, no election regarding the annexation request is required. 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 2015-040. ATTENDANCE: Laurie E. Craghead. 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.

http://www.deschutes.org/

OF 2- ORDER NO. 2015-040

For Recording Stamp Only

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON

Order Approving the Hayes Annexation into the Redmond Fire and Rescue District

* *

ORDER NO. 2015-040

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 August 5, 2015; 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 August 26, 2015, 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 ORDERS as follows:

Section 1. The Hayes petition for annexation into the Redmond Fire and Rescue District attached to

and referenced in Order No. 2015-039 is hereby incorporated by reference and is approved. Section 2. 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,” both exhibits attached and incorporated by reference herein, shall be known as the “Hayes Annexation.”

Section 3. 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 hereto and by this reference incorporated herein.

Section 4. The territory included in the Hayes Annexation is declared to be annexed into the Redmond

Fire and Rescue District as of the date of this Order. Section 5. Tafter signature, the Legal Department 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, the Redmond Fire and Rescue District, and the petitioners.

///

REVIEWED

______________ LEGAL COUNSEL

OF 2- ORDER NO. 2015-040

Section 6. The purpose of this District is to provide fire protection services within the District.

Dated this _____ day of August, 2015. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON

______________________________________ ANTHONY DEBONE, CHAIR

______________________________________ ALAN UNGER, VICE CHAIR

ATTEST: ______________________________________ Recording Secretary

_____________________________________ TAMMY BANEY, COMMISSIONER

SEND TAX STATEMENTS TO:UnchangedAFTER RECORDING, RETURN TO:Evans .lBatlan, Attorneys at Law969 - 13th Street SESalem, OR 97302

The true and actual consideration for this üansfer is nonmonetary.

DEISCHUTES c0uilÎY oFFtcteL RECORDSxfilcY llîiltct{st{tP couiltY cLEit( I010.07{90

${E,00

09:55;32 frÌ

WARRANTYDEED

F. SCOTT HAYES and PAM NOFZIGER-HAYES, Grantors

Convey and warrant to

FRANKLIN S. HAYES PAMELA J. NOFZIGER-HAYES and, Tmstees, under theHAYES LIVING TRUST, dated February 17,2010, and any amendments thereto, Grantee

Ail the following de scribed re al property situated in De schutes Counfy, State of Oregon, commonly known as l0 13 5 NW Coyrer Ave. ,Redmond, OP.97756 and more specifically described as:

Parcel Two (2) of Pafition Plat 2004-101, Deschutes County, Oregon.Tax Account No. 246628

free from encumbrançes except those of record. The liability and obligations of the Grantor to Grantee and Gra¡tee's heirs and assignsunder the warranties and covenants cont¿ined herein or provided by law shall be limited to the extent of coverage that would be availableto Grantor under any policy of title insurance issued to Grantor at the time Grantor acquired the property. The limitations contained hereinexpressly do not relieve Grantor of any liability or obligations under this instrument, but merely defure the scope, nah¡re, and amount ofsuch liability or obligatious.

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRÀNSFERRJNG FEE TITLE SIIOT'LD INQUIRD ABOUTTHE PERSON'S RIGHTS, IF ANY, LNDER ORS 195300, 195.301 AND 195305 TO 195336 AND SECTIONS 5 TO 11, CHAPTER 424,oRECON LAWS 2007, AND SECTIONS 2 TO 9 A¡{D 17, CHAPTER 855, OREGON LA\ilS 2009. THIS INSTRUMENT DOES NOT ALLOWUSE OF TIIE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAI\D USE LA\ilS A¡¡DREGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO TIIEPROPERTY SIIOULD CHECK WITH TIIE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THÁT THEUNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.OIO OR 2I5.OIO,TO VERIÍ"Y TIIE APPROVED USES OFTIIE LOT ORPARCEL, TO DETERMINE Ar\TYLIMITS ONLAIVSUITS AGAINST FARMINGOR FOREST PR,ACTICES, AS DEFINED IN ORS 30.930, AND TO INQUTRE ABOUT THE RJGHTS OF NEIGHBOR]NG PROPERTYo\ryNERS, IF A¡[Y, LTNDER ORS 195.300, 195301 A¡{D 195305 TO 195336 AND SECTIONS 5 TO ll, CTIAPTER 424, OREGON LA\ilS2007, A¡ID SECTIONS 2 TO 9 A¡{D 17, CHAPTER 855, OREGON LAWS 2009.

Dated: February 17,2010

Grantors

F. SCOTTHAYES PAM

STATE OF OREGON, County ofMarion) ss.

Personally appeared before me on February 77 ,2010,F . SCOTT HAYES and PAM NOFZIGER-HAYES and acknowledged theforegoing instrument to be thei¡ act,

e)Notary Public for Oregon

My Commission Expires on:

AIMIEVANSYCKI.ENOTABY PUBLIC. OREGON

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MEMORANDUM

DATE: August 11, 2015 TO: Treana Henley, Assistant Legal Counsel FROM: Paul Blikstad, Senior Planner RE: Annexation to Redmond Fire and Rescue District; Hayes Annexation, Your file

no. 16/6-030 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. 2015-040

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