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1993-05587-Order No. 93-053 Recorded 2/18/199393-0558'7 REVIEWED 0120-1019 9� BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Order Approving the Annexation of Territory to Cloverdale Rural Fire Protection District (VanLanduyt Annexation), and Notice of Final Hearing. ORDER NO. 93-053 WHEREAS, a petition requesting annexation of territory to Cloverdale Rural Fire Protection District was duly filed with the Board of County Commissioners of Deschutes County, Oregon; and WHEREAS, a public hearing was held on the petition on January 20, 1993 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 benefitted by annexation of said territory to Cloverdale Rural Fire Protection District; and WHEREAS, it being necessary to correct the legal description to include omitted property and exclude other property not intended to become a part of the District, the hearing was continued to January 27, 1993 and then again until February 17, 1993; and WHEREAS, the Board having heard the testimony of the landowners of the omitted property and the testimony of the inadvertently included property and amended the legal description accordingly; 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, as amended, would be benefitted by annexation of said territory to the district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to the Cloverdale Rural Fire Protection District be approved. Section 2. That the boundaries of the territory annexed to said district are as set forth in Exhibit 1, attached hereto and by this reference incorporated herein. KEYPUNCHED P 1 ;q PAGE 1 - ORDER NO. 93-053 (2-17-93) LEGAL COUNSEL DESCHUTES COUNTY, OREGON �y- 00 WHEREAS, a petition requesting annexation of territory to Cloverdale Rural Fire Protection District was duly filed with the Board of County Commissioners of Deschutes County, Oregon; and WHEREAS, a public hearing was held on the petition on January 20, 1993 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 benefitted by annexation of said territory to Cloverdale Rural Fire Protection District; and WHEREAS, it being necessary to correct the legal description to include omitted property and exclude other property not intended to become a part of the District, the hearing was continued to January 27, 1993 and then again until February 17, 1993; and WHEREAS, the Board having heard the testimony of the landowners of the omitted property and the testimony of the inadvertently included property and amended the legal description accordingly; 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, as amended, would be benefitted by annexation of said territory to the district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to the Cloverdale Rural Fire Protection District be approved. Section 2. That the boundaries of the territory annexed to said district are as set forth in Exhibit 1, attached hereto and by this reference incorporated herein. KEYPUNCHED P 1 ;q PAGE 1 - ORDER NO. 93-053 (2-17-93) 0120-1020 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 2, attached hereto and by this reference incorporated herein. Section 4. That a final hearing regarding annexation to the district shall be held on Wednesday, March 10, 1993, at 10 a.m. in the Deschutes County Juvenile Justice Building, Room A, 1128 NW 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 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 3, attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this /7,d day of February, 1993. ATTEST: h44av� -� Recording Secretary BOARD OF BOUNTY COMMISSIONERS OF DESCHU ES COUNTY, OREGON A'NCY POPr SC4LANG9N, Commiss:Voner srlcl� B. H. SLAUGHTER, Commissioner PAGE 2 - ORDER NO. 93-053 (2-17-93) EXHIBIT 1 0120-1021 Legal: parcel I: The Wj of the NW j of section Eight (8), Taw=hip Sixteen (16) South, Range Eleven (11) mast of the Willamette Meridian, Deschutes G3ounty, Oregon. parcel II: The Northeast Quarter of the Northwest Quarter (NEI mi) and the North Half of the Northeast Quarter (NJ-NEJ) of Section Nine (9), in T A-mhip Sixteen (16) South, pmVe Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, lying Southerly and Westerly of State Highway 20 (Pend -Sisters Highway). �0- f ES Q EXHIBIT 2 �2%�/ // . 0120-1022 DATE: icey FROM: Community Development Department Administration Bldg. - 1130 N.W. Harriman - Bend, Oregon - 97701 (503) 388-6575 MEMORANDUM December 23, 1992 Bruce White, Assistant County Counsel Paul Blikstad, Associate Planner !ja Planning Division Building Safety Division Environmental Health Division RE: Petition for Annexation to Cloverdale RFPD, file no. 16-563 The 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 section of the County Comprehensive Plan, on page 94, General Policies is the following: 5. 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 trenching where appropriate. It is clear from the Comprehensive Plan that these service districts are necessary and appropriate. ®120-1023 EXHIBIT 3 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 to the Cloverdale Rural Fire Protection District (VanLanduyt Annexation) will be held on Wednesday, March 10, 1993, at 10 a.m. in the Deschutes County Juvenile Justice Building, Room A, 1128 NW Harriman, Bend, Oregon. 2. The boundaries of the proposed VanLanduyt Annexation to Cloverdale Rural Fire Protection District are described in Exhibit 1, attached hereto and by this reference incorporated herein. 3. The purpose of the proposed annexation 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 the 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 voters, whichever is the lesser number. DATED this /7A day of February, 1993 BOARD OFOOUNTY COMMISSIONERS OF DESCH ES COUNTY, OREGON C To be published in The Bulletin: February 23, and March 2, 1993 To be posted no later than: February 23, 1993 EXHIBIT 1. 0120-1024 Legal: Parcel I: The Wj of the NW j of Section Eight (8), Township Sixteen (16) South, Range Eleven (11) Fast of the Willamette Meridian, Deschutes Dountyr Oregon. Parcel II: The Northeast Quarter of the Northwest Quarter (NEI -Nal) and the North Half of the Northeast Quarter (NJ -NE*) of Section Nine (9), in Township Sixteen (16) South, Range Eleven (11) Exist of the Willamette Meridian, Deschutes County, Oregon, lying Southerly and Westerly of State Highway 20 (Bend -Sisters Highway).