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1991-00762-Order No. 91-008 Recorded 1/10/1991BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Annexation of Territory (Wells/Ackerman Annexation) to Deschutes County Rural Fire Protection District #2, and Notice of Final Hearing. * 'JICROFILMED FEB 2 1 1991 ORDER NO. 91-008 WHEREAS, a petition requesting annexation of territory (Wells/Ackerman Annexation) to Deschutes County Rural Fire Protection District #2 was duly filed with the Board of County Commissioners of Deschutes County, Oregon, on November 27, 1990; and WHEREAS, a public hearing was held on the petition on January 9, 1991, 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. 91-008 10s - 1914 Section 4. That a final hearing regarding annexation to the fire protection district shall be held on February 6, 1991, 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 , day of January, 1991. A EST: Recording Secretary 2 - ORDER NO. 91-008 BOARD O/V COUNTY COMMISSIONERS OF DF.8jHUTES COUNTY, OREGON t , comnMissioner 11 LIN, Chairman ssioner las • 1915 EXHIBIT "A" A portion of the Northeast Quarter (NE1/4) of Section Twenty-six (26), Township.Eighteen (18) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point on the southerly line of the northerly 60.00 feet of said NE1/4 of Section 26, distant westerly thereon, 820.00 feet from the easterly line of said NEI/4; thence along the southerly line of the northerly 60 feet of said NE1/4, North 890 45' 22" West, 659.37 feet to the easterly side line of a 50.00 foot road right of way; thence along the said easterly line, South 01` 12' 10' West, 990.99 feet to the centerline of the Arnold Irrigation District Canal; thence South 68° 49' 00" East, 237.26 feet; thence South 37` 56' 20" East, 597.81 feet; thence South 46° 32' 20" East, 85.75 feet; thence South 460 32' 20" East, 105.74 feet; thence North 53" 23' 00" East, 104.29 feet to the center of a concrete, wooden beam bridge spanning said irrigation canal; thence South 190 51' 20" East, 39.15 feet; thence South 11" 59' 20" West, 201.59 feet; thence South 170 09' 10" East, 408.33 feet along the centerline of a 20 foot wide strip of land to be reserved for road purposes only by the adjoining owners; thence continuing along said road centerline South 170 09' 10' East, 149.00 feet; thence South 290 56' 40" East, 244.30 feet along said road centerline; thence South 89" 38' 40" East, 390.30 feet along the East-West quarter corner line to the East quarter corner of said Section 26; thence North 00 40' 02" East along the East line of Section 26, 1982.58 feet; thence South 890 52' 41" West 430.00 feet; thence South 000 40' 02" West 500.31 feet; thence South 89" 52' 41" West 390.00 feet; thence North 00° 40' 02" East 1130.94 feet, more or less, to the point of beginning. 105 -* 1916 FINDINGS That the annexation of territory (Wells/Ackerman 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 the Deschutes County Comprehensive Plan and statewide planning goals 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" 105 - 1917 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 (Wells/Ackerman Annexation) to the Deschutes County Rural Fire Protection District #2 will be held on Wednesday, February 6, 1991, 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 in Exhibit "A," attached hereto and hereby incorporated by reference. 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 7th day of January, 1991. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON /s/ Dick Maudlin DICK MAUDLIN, Chair To be published in "The Bulletin": January 21, 1991, and January 31, 1991 To be posted: January 21, 1991. EXHIBIT "C" 105 A 1918 EXHIBIT "A" A portion of the Northeast Quarter (NE1/4) of Section Twenty-six (26), Township_Eighteen (18) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point on the southerly line of the northerly 60.00 feet of said NE1/4 of Section 26, distant westerly thereon, 820.00 feet from the easterly line of said NE1/4; thence along the southerly line of the northerly 60 feet of said NE1/4, North 890 45' 22" West, 659.37 feet to the easterly side line of a 50.00 foot road right of way; thence along the said easterly line, South O1° 12' 10' West, 990.99 feet to the centerline of the Arnold Irrigation District Canal; thence South 68° 49' 00" East, 237.26 feet; thence South 37'. 56' 20" East, 597.81 feet; thence South 46' 32' 20" East, 85.75 feet; thence South 46` 32' 20" East, 105.74 feet; thence North 530 23' 00" East, 104.29 feet to the center of a concrete, wooden beam bridge spanning said irrigation canal; thence South 190 51' 20" East, 39.15 feet; thence South 11" 59' 20" West, 201.59 feet; thence South 17° 09' 10" East, 408.33 feet along the centerline of a 20 foot wide strip of land to be reserved for road purposes only by the adjoining owners; thence continuing along said road centerline South 17° 09' 10' East, 149.00 feet; thence South 29° 56' 40" East, 244.30 feet along said road centerline; thence South 890 38' 40" East, 390.30 feet along the East-West quarter corner line to the East quarter corner of said Section 26; thence North 0° 40' 02" East along the East line of Section 26, 1982.58 feet; thence South 89' 52' 41" West 430.00 feet; thence South 00° 40' 02" West 500.31 feet; thence South 89° 52' 41" West 390.00 feet; thence North 00" 40' 02" East 1130.94 feet, more or less, to the point of beginning.