1995-05250-Order No. 95-013 Recorded 2/2/1995REVIEWED
LEGA COUNS
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Annexation of Certain
Territory into Cloverdale Fire Protection
District (McCartney Annexation).
ORDER NO. 95-013
01gQ.0q"9
WHEREAS, a petition, attached hereto as Exhibit 1,,,:regting
annexation of territory into Cloverdale Rural Fire Protecti0n)Di:Wt-rict
was offered for filing with the County Clerk of Deschutes- County,
Oregon; and
WHEREAS upon determining that said petition met the filing
requirements of ORS Chapter 198, said petition was accepted for filing
by the County Clerk on behalf of the Board of County Commissioners; and
WHEREAS the County Assessor's Office has verified that said
petition was signed by 100 percent of the owners of real property in
the territory to be annexed; and
WHEREAS, notice was published in accordance with law in The
Bulletin on January 11, 1995, and January 18, 1995, of a public hearing
to consider the proposed annexation; and
WHEREAS, the purpose of the public hearing is 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 into Cloverdale Rural Fire Protection District; 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 of territory into
Cloverdale Rural Fire Protection District, attached hereto as Exhibit
1, be approved.
Section 2. That the boundaries of the territory annexed to the
said district are as set forth in the legal description attached hereto
and incorporated herein by this reference as Exhibit 2, and the map
attached hereto and incorporated herein by this reference as Exhibit 3.
PAGE 1 - ORDER NO. 95-013 (1-25-95) 1; f-T�'-JAED
1',k 1995
0138-0380
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 4, attached hereto and by this reference incorporated herein.
Section 4. That the territory described in Exhibit 2 and depicted
on the map marked Exhibit 3, attached hereto and by this reference
incorporated herein, is declared to be annexed to Cloverdale Rural Fire
Protection District as of the date of this Order.
Section 5. That after signature, a copy of this order shall be
forwarded to the Oregon Department of Revenue and the Deschutes County
Assessor's Office.
Section 6. The purpose of this District is to provide fire
protection services within said District.
Section 7. The recitals and the provisions set forth herein shall
serve as the Board's findings supporting this order.
DATED this 25th day of January, 1995.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF PTSCHUTES COUNTY, OREGON
Y H./SLAUGHTEXi C
NANCY �E S�HLANGEN, Commissioner
ROBEAT L. NIPPER, Commi s oner
PAGE 2 - ORDER NO. 95-013 (1-25-95)
PETITION TO ANNEX PROPERTY
CLOVERDALE RURAL FIRE PROTECTION DISTRICT
'E't Y .:fj`
I T
TO: The Board of County Commissioners, Deschutes County ; ca
Deschutes County Courthouse
Bend, Oregon 97701
The undersigned are qualified petitioners under ORS 198.705 -to- ORS 198.955, and respectfully ask't'6at the
described lands lying and being in Deschutes County, Oregon and described in Exhibit 1 attached hereto, be
annexed to the Cloverdale Rural Fire Protection District and hereby joins the attached petition for said
annexation.
LEGAL: EXHIBIT 1 - Attached separate sheet (8 1/2 x 11) providing a complete legal description of the
property to be annexed. If more than one petitioner, all properties to be annexed are included and
listed as parcel 1, parcel 2, etc..
PLOT MAP: EXHIBIT 2 - Attached separate sheet (8 1/2 x 11) providing a plot map identification of the
property to be annexed. If more than one petitioner, all properties to be annexed are included and
identified as parcel 1, parcel 2, etc..
11
The undersigned, in support of this petition, further state as follows:
1. The petition is filed pursuant to ORS 198.705 -to -198.955.
2. This annexation affects only Deschutes County and the Cloverdale Rural Fire Protection District.
3. The principal act of the Cloverdale Rural Fire Protection District is ORS 478..
4. The territory that is subject to this Petition for Annexation is primarily inhabited.
5. It is requested that the proceedings be taken for the annexation of the said territory to the Cloverdale
Rural Fire Protection District.
6. That said petition has been signed in our presence by not less than: 15% of the registered voters within
the area proposed to be annexed or by 15 owners of land or the owners of 10% of the acreage,
(whichever is the greater number of signers) within the area proposed to be annexed.
DATED this/sf day of &klofZet)199�
Name(D�J : (GZ f-ctt� >Lc �X -
CHIEF PETI ioNER - S1011 WRE
Name: Don McCartney/ Carol McCartney
C1 MIT PETITIONER - PRINT NAME
Mailing address: Phone:
5510 N.E.59th Ave. 503-233-4048 (Day's) (H)
Vancouver, WA . 98661 (B)
Approve by the Board of Directors, Cloverdale Rural Fire Protection District this c2/ day of Old , 199y
Charles R. Cable, Fire Chief Rob Kurtz, President CRFPD
0138-0382
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State of Oregon a� ss. 94, 4/,
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I. rsigned' certify that I circulated this �yzq 10
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petit{on, and every person who this petition did so In my ��+$ N
presence.
SUBSCRIBED AND SWORN to before me this
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0138-0383
IX 11113Ir1, -2
Parcell T16 Rll S18 TL400
That portion of the Northeast quarter of the Northwest quarter (NEI/4
NW1/4) of Section Eighteen (18), Township Sixteen (16) South, Range
Eleven (11), East of the Willamette Meridian, Deschutes County, Oregon
lying South and West of the existing county road, known as Sisemore Road,
formerly Tumalo Reservoir Road.
Parcel 11 T16 R11 S18 TL100 and TL101
LEGAL
Description of a parcel of land situate in the of section
Deschutes County, Oregon and now to be
irtor e particularly described a.3 follows:
Commencinc at Elie 1•I,; cornt;r of said section 18, the Initial Point
as r�ell a.^
'!'ITE FOIVT OF MOINIIIWG; thenco SOOo25100" W - 386.62
feet to a 5/8" pin; thence i,TS903610011W - 1290.00 feet; thence
Soo o25100" 17 - 168.07 feet to the Northerly line of a County
Road; thence 30.JF8 feet along the arc of a 150.27 feet right
of Way radius courvc of ^aid line of a County Road forming a
dt:lta ant le of 11037'22" to the point of tangency of said curve;
thence 1,123016,50111V along said Northerly line of a County Road
39.79 feel; to a -ju pipe; thenco 1400 0 25 1 00"E - 491.4'6 feet to
a " pin; thence S8903710011E - 1320.00 feet to THE POINT OF
BEGINNING.
Same con t,,i;tin(; 11.;0';(. land, acres subject to all existing; case-
ments and rij;hl;s of way over and across the above described
parcel of land.
to It can 0.5
0138-0384
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Community Developmentent
DATE:
Planning Division
Building Safety Division
MEMORANDUM - ronmental Health Division
January 23, 1995
TO: Beverly Wilson, Legal Assistant, County Counsel
FROM: Paul Blikstad, Associate Planner
RE: Petitions for annexation to the Cloverdale Fire
Protection District (McCartney Annexation) and the
Rural Fire Protection District No.2 (McCook
Annexation)
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 97, 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, such as fire districts, are necessary and
appropriate.
Quality Services Performed with Pride