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1993-08465-Order No. 93-076 Recorded 3/18/199393-08465 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Order Approving the Canyon River Annexation into Rural Fire Protection District No. 1, and Notice of Final Hearing. ORDER NO. 93-076 REVIEW D w ti LEGAL COUNSEL COUNTY, `PbREGON WHEREAS, a petition requesting annexation of territory to Rural Fire Protection District No. 1 was duly filed with the Board of County Commissioners of Deschutes County, Oregon; and WHEREAS, a public hearing was held on the petition on March 17, 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 Rural Fire Protection District No. 1; 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 benefitted by annexation of the said territory to the said district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the petition for annexation to Rural Fire Protection District No. 1 be approved. Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit 1 (to be known as the Canyon River annexation), 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 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, April 7, 1993, at 10 a.m. in the Deschutes County Juvenile Justice Building, Room A, 1128 NW Harriman, Bend, Oregon. PAGE 1 - ORDER NO. 93-076 (3-17-93) KEYS' rHED "1 >„ ? 93 � ``� 0120-1259 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 /7lqA day of-h0&4,fA4 1993. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHP7 S COUNTY, OREGON , /pnft.ir NANCY POrPCHIANG9N, Commiss' ner B. H. AUGHTER, Commissioner PAGE 2 - ORDER NO. 93-076 (3-17-93) EXHIBIT 1 0.20-1.200 CANYON 1ZIVER TERRITORY LEGAL DESCRIPTION FOR ANNEXATION TO THE DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT NO. 1 The SE 1/4 of the SE 1/4 of Section Twenty-two (22); the S1/2 of the NW 1/4, the W 1/2 of the SE1/4, the E1/2 of the SW1/4; the SW 1/4 of the SW 1/4, and the NW 1/4 of the SW1/4 of Section Twenty-three (23), EXCEPT the following described parcels: Beginning at a point 249.3 feet South 0 04' East of the Section line Quarter corner between Sections 22 and 23 in said Township and Range, which is a point on a curve of the Easterly right of way line of State Highway No. 373, thence South 0 04' East 69.5 feet; thence South 42 46' East 104.3 feet; thence North 47 14' East 268 feet; thence North 42 46' West 185.3 feet to a point on a curve on the Easterly right of way line of said highway, thence along the curve the cord of which bears South 39 30' West 222.8 feet to the point of beginning. ALSO EXCEPT: Beginning at a point which is the Quarter corner between Sections 22 and 23, Township 15 South, Range 12, E.W.M., thence East 440 feet; thence South 0 04' East 594 feet; thence West 440 feet; thence North 0 04' West to the point of beginning, less 1 acre, more or less, described in a deed recorded in Volume 106 Page 274, Deed Records of Deschutes County, Oregon, as corrected by deed recorded in Volume 134 Page 138, Deed Records of Deschutes County, Oregon, and Excepting the 60 foot right of way of the Oregon State Highway No. 373, which crosses diagonally through the Northwest corner of the described property, this property containing 4.43 acres, more or less. The NW1/4 of the NE 1/4, and the N1/2 of the NW 1/4 of Section 26; the NE 1/4 of the NEI/4 of Section 27, all in Township 15 South, Range 12 E.W.M. Deschutes County, Oregon. The SEI/4 of the SEI/4 of Section 23, Township 15 South, Range 12 East, Williamette Meridian, Deschutes Countv, Oregon. ���,.h�37,.���.20-x.261 RECEIVED L MSR 11993 -A Community Developmer ep AA .Atli k '< Administration Bldg. / 1130 N.W. Harriman / Bend, Oregon 97701 (503) 388-6575 M E M O R A N D U M Planning Division Building Safety Division DATE: February 26, 1993 Environmental Health Division TO: Bruce White, Assistant County Counsel FROM: Paul Blikstad, Associate Planner RE: Petition for Canyon River Territory Estates Annexation into RFPD #1 (File No. 16-509). 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. The inclusion of rural properties into rural fire districts meets the intent of the Comprehensive Plan, specifically for fire protection. Fire protection in these areas is extremely important. It is clear from the Comprehensive Plan that fire districts and additions to fire districts are necessary and appropriate. EXHIBIT 3 0120-1-262 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 Rural Fire Protection District No. 1 (Canyon River Territory Annexation), will be held on Wednesday, April 7, 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 Canyon River Territory Annexation to Rural Fire Protection District No. 1 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 17th day of March, 1993 BOARD OF CPUNTY COMMISSIONERS OF DESCH ES COUNTY, OREGON , Ctair To be published in The Bulletin: March 23, and 30, 1993 To be posted no later than: March 23, 1993 EXHIBIT 1 CANYON RIVER TERRITORY 0120-1263 LEGAL DESCRIPTION FOR ANNEXATION TO THE DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT NO. 1 The SE 1/4 of the SE 1/4 of Section Twenty-two (22); the S 1/2 of the NW 1/4, the W 1/2 of the SE 1/4, the El/2 of the SW 1/4; the SW1/4 of the SW 1/4, and the NW 1/4 of the SW1/4 of Section Twenty-three (23), EXCEPT the following described parcels: Beginning at a point 249.3 feet South 0 04' East of the Section line Quarter corner between Sections 22 and 23 in said Township and Range, which is a point on a curve of the Easterly right of way line of State Highway No. 373, thence South 0 04' East 69.5 feet; thence South 42 46' East 104.3 feet; thence North 47 14' East 268 feet; thence North 42 46' West 185.3 feet to a point on a curve on the Easterly right of way line of said highway, thence along the curve the cord of which bears South 39 30' West 222.8 feet to the point of beginning. ALSO EXCEPT: Beginning at a point which is the Quarter corner between Sections 22 and 23, Township 15 South, Range 12, E.W.M., thence East 440 feet; thence South 0 04' East 594 feet; thence West 440 feet; thence North 0 04' West to the point of beginning, less 1 acre, more or less, described in a deed recorded in Volume 106 Page 274, Deed Records of Deschutes County, Oregon, as corrected by deed recorded in Volume 134 Page 138, Deed Records of Deschutes County, Oregon, and Excepting the 60 foot right of way of the Oregon State Highway No. 373, which crosses diagonally through the Northwest corner of the described property, this property containing 4.43 acres, more or less. The NW1/4 of the NEI/4, and the N1/2 of the NWl/4 of Section 26; the NEI/4 of the NEI/4 of Section 27, all in Township 15 South, Range 12 E.W.M. Deschutes County, Oregon. The SEI/4 of the SEI/4 of Section 23, Township 15 South, Range 12 East, Williamette Meridian, Deschutes County, Oregon. 0120-1264 March 17, 1993 Deschutes Co. Board of Commissioners 1130 NW Harriman Bend, Oregon 97701 Re: Proposal Annexation of Canyon River Territories and SE 1/4 of SE 1/4 to Sec. 23 T.15. R 12 E Willamette Meridian, into Rural Fireprotection District #1 The name "Canyon River Territory" is a name that is recorded with the County Clerk and covers only the 64 RR -10 properties in Section 22-27-26 and 23-B - 23-00 or C, and only part of the SE 1/4 of the SE 1/4 or 23D. As referred to in the Tax Assessors computer, plat 15-12-23 D 1000, 1100, 1200, 1300, 1400, are not, and never have been, a part of the recorded records in the County Clerks office as part of Canyon River Territory. The remainder of the 15-12-23 D; namely, lots #100 through 902, are in Canyon River Territory. Somebody didn't do their homework because 15-12-23 D - 1300 is already in Fire District #1 so why create more confusion in the property records than already exists when it is annexed twice. The proposed annexation should be referred tq#he two names, since there are two distinct legal areas here. The larger portion as recorded should remain Canyon River Territory, and the smaller portion 15-12-23 D - 1000 through 1400 could well become Canyon River Territory Estates. This would tie the two contiguous territories together. Marian Millard 3201 SW 73 Street Redmond, Oregon 97756 r ".OUNTY OESCHUTES COUNTY 12 See Mop IS 12-140 14 13 ......,.+.I...wa .... . 2. 1 3 �1 1, Vic' w .I 23 24 101o / Ip t s y a u j � j �r / .T..•TTT p' 2 SEE MAP 2-3 24P I II 100 ,.,• 15 12 23A c; I ^ w J -4 L..1� 1 p • j � I '• 1100 1000 900 L/_.o it I I 2k� i i laoc � r� n iex -«zn•s - .. —.... _, wog . z. "a.X oozes! .... 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