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1990-31326-Order No. 90-130 Recorded 10/5/199090-3132f> BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Order Approving the Annexation of Territory (China Hat Road Annexation) to Deschutes County Rural Fire Protection District #2, and Notice of Final Hearing. ORDER RMEW 105 DESCHUTES COUNTY, OREGON WHEREAS, a petition requesting annexation of territory (China Hat Road Annexation) to Deschutes County Rural Fire Protection District #2 was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on August 13, 1990; and WHEREAS, a public hearing was held on the petition on October 3, 1990, 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 area would be benefited by annexation of said territory to Deschutes County Rural Fire Protection District #2; and WHEREAS, after consideration of economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the petition, the Board is of the opinion that the area would be benefited by annexation of the said territory to the said fire protection district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to Deschutes County Rural Fire Protection District #2 be approved. Section 2. That the boundaries of the territory annexed to the said fire protection district are as set forth in Exhibit "A", attached hereto and by this reference incorporated herein. Section 3. That the applicable land use criteria pertinent to the proposed district 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 "B", attached hereto and by this reference incorporated herein. 1 - ORDER NO. 90-130 * MICROFILMED * OCT 18 199E NO. 90-130 WHEREAS, a petition requesting annexation of territory (China Hat Road Annexation) to Deschutes County Rural Fire Protection District #2 was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on August 13, 1990; and WHEREAS, a public hearing was held on the petition on October 3, 1990, 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 area would be benefited by annexation of said territory to Deschutes County Rural Fire Protection District #2; and WHEREAS, after consideration of economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the petition, the Board is of the opinion that the area would be benefited by annexation of the said territory to the said fire protection district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to Deschutes County Rural Fire Protection District #2 be approved. Section 2. That the boundaries of the territory annexed to the said fire protection district are as set forth in Exhibit "A", attached hereto and by this reference incorporated herein. Section 3. That the applicable land use criteria pertinent to the proposed district 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 "B", attached hereto and by this reference incorporated herein. 1 - ORDER NO. 90-130 105 0115 Section 4. That a final hearing regarding annexation to the fire protection district shall be held on November 7, 1990, at 10:00 a.m. in the Deschutes County Juvenile Justice Center, 1128 N.W. Harriman, Bend, Oregon. Section 5. That all interested persons may appear and be heard. Section 6. That upon conclusion of the final hearing, the Board will enter its final order for annexation to the fire protection district unless written requests for an election are filed at or before the hearing by resident voters within the district numbering not less than 15% of the registered voters, or 100 registered voters, whichever is the lesser number. Section 7. That notice of this Order, as shown in Exhibit "C", attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this "9 day of October, 1990. 7,47 T: I'Z6'cording Secretary 2 - ORDER NO. 90-130 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNW, OREGON �'NRIS OW PRANTE, Commissioner 1 _I410P OM T OOP, it r r MA LIN, Commissioner 10 11-V- 0116 EXHIBIT "A" Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 20, Township 18 South, Range 12, E.W.M.; and thence southerly along the center line of Section 20 to the north right of way line of China Hat Road; thence northwesterly along China Hat Road right of way to the easterly right of way line of U. S. Highway 97; thence northeasterly along Highway 97 right of way to the north boundary of Section 20; thence easterly along the north boundary of Section 20 to the point of beginning. 105- - 011 FINDINGS That the annexation of territory (China Hat Road Annexation) to Deschutes County Rural Fire Protection District #2 will further the provision of public facilities and services to the property by providing fire protection services in accordance with LCDC Goal 11 because; 1. Fire protection is a basic rural service; and 2. Fire protection is necessary for the health and safety of the residents of the district. EXHIBIT "B" r - 10s - 0113 NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 1. A public hearing regarding a petition proposing to annex territory (China Hat Road Annexation) to the Deschutes County Rural Fire Protection District #2 will be held on Wednesday, November 7, 1990, at 10:00 a.m. in the Deschutes County Juvenile Justice Center, 1128 N. W. Harriman, Bend, Oregon. 2. The boundaries of the proposed annexation to Rural Fire Protection District #2 are described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 20, Township 18 South, Range 12, E.W.M.; and thence southerly along the center line of Section 20 to the north right of way line of China Hat Road; thence northwesterly along China Hat Road right of way to the easterly right of way line of U.S. Highway 97; thence northeasterly along Highway 97 right of way to the north boundary of Section 20; thence easterly along the north boundary of Section 20 to the point of beginning. 3. The purpose of the proposed annexation of territory to the district is to provide fire protection services for the inhabitants of the territory to be annexed. 4. All interested persons may appear and be heard. Upon conclusion of the final hearing, the Board will enter its final order annexing the territory to Rural Fire Protection District #2, unless written requests for an election are filed at or before the hearing by resident voters within the district numbering not less than 15 % of the registered voters, or 100 voters, whichever is the lesser number. DATED this day of October , 1990. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON /s/ Tom Throop TOM THROOP, Chair To be published in "The Bulletin": To be posted: EXHIBIT "C" October 23, 1990, and November 2, 1990 October 23, 1990.