1996-33775-Order No. 96-077 Recorded 9/12/1996BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
REVIEWED
,-? '�J
------------
LEGAL COUNSEL _
COUNTY, OREGON
An Order Approving the Annexation of
Territory into Rural Fire Protection
District No. 1 (Garcia Annexation).
ORDER NO. 96-077
WHEREAS, a petition requesting annexation of territory into Rural
Fire Protection District No. 1 (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 August 14,
1996, 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 Rural Fire Protection District No. 1;
and
WHEREAS, during the hearing process the boundaries of the area
proposed to be annexed were amended to conform with the consent given
by the District (excluding lands lying to the north and east of the
Crooked River) and the affected land owners have been notified of such
revisions and have no objection to such modifications; 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, with the exception of the area lying north and east of the
Crooked River, 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 into 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 the legal descriptions set forth in
Exhibit A, attached hereto and by this reference incorporated herein
and the map set forth as Exhibit B, excluding those areas to the north
and east of the Crooked River.
PAGE 1 - ORDER NO. 96-077 (9-11-96)
tP 1 e� 1996
EC'
7 1996
0155--1782
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 C, attached hereto and by this reference incorporated herein.
Section 4. The purpose of this annexation is to provide fire
protection services to the territory being annexed into the District.
DATED this -/ day of September, 1996.
ATT
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
NANCY POPE SCI1.4ANGEN, Chair
BARRY UGHTER, tommissioner
PAGE 2 - ORDER NO. 96-077 (9-11-96)
L. NIPPER, COfi=ibBioner
0155-1'783
REVISED
EXHIBIT "A"
NAME SO
.NDRA BRADEN-GARCIA
SIGNATURE DATE
SIGNATURE DATE
ADDRESS 16905 SW HWY 97, TERBEBONNE OR 97760
TAX LOT NUMBERS 13-13-32 TL 700 Sar 1 - 3 IrT 5nn 1 0 ar
PROPERTY DESCRIBED AS FOLLOWS:
TRACT 1: North half of the Southwest Quarter; Southwest
Quarter of the Southwest Quarter, all being in Section
33, Township '13 South, Range 13 East of the Willamette
Meridian, Jefferson County, Oregon.
TRACT 2: Beginning at the Northeast corner of the
Southeast Quarter of the Southeast Quarter of Section 32,
Township 13 South, Range 13 East of the Willamette
Meridian, Jefferson County, Oregon; thence South 660 Peet
along the Section line; thence West at right.angles 330
feet; thence North parallel to the East line of Section
32, to the North line of said Southeast Quarter of the
Southeast Quarter; thence East along said North line to
the point of beginning.
EXCEPTING THEREFROM that portion of the above
described property lying northerly and easterly of
the ordinary high water mark of the Crooked River.
EXHIBIT A 6
laage o �..
REVISED
EXHIBIT "A"
NAME VTRhTi.MAREER
6
DA
SIGNATURE DATE
ADDRESS gT I BOX "2. TFRRFBnNNF OR
97760 '77Iffn
TAX LOT NUMBERS 100 281.21 A
PROPERTY DESCRIBED AS FOLLOWS:
0155-1784
......... . ..... . ........... .. . ........... .... . ...... .... ...... ... ... ..
............. .......... I .............. .. ..... .. ...... . ...... .... C;r#71r9;#rh# 1911owinj described peat property If" *I #ncumbrance.i
:
x"`P' ss"4'e"'cally set forth herein Situated in, .
East HaLfof the Norchealt quarter; Southeast
....... ..... ...... .. County. Orejon. (9,;(:
heopt quarter of the Northwest Ruart4r; Southeast
quarter of the Southeast quarter; North half of the Southeast quarter; and Commencing At
the quarter section corner bVcwttft Sections 34 and 33; thence East 1116 feet to the place
ofb ggt"nlnf;thence South 3*00' East 130 fe4Cj thence South 8*00' East 310 feet; thence
Sout 0
South 18*00 got 100 feet: thence South Ll' 0 East 300 feet; thence Cost 12 feet; them w
North
Southwest quartfeet; er thEXCEPTence Wethest 204South [go240t to two th; opflace of beginning; Northeast quarter of thef
the East halt of the Northeast quarter o
the Southwest quarter; and the Worth 240 feet of the West half of the Soutileset quarter of
the Southwest quarter; 411 In Section 34. To-nehip 13 s h, Range 13 East. Willamette
Meridian, Jefferson County, Oregon; and Government Lot ;,J.Cnd the Southwest quarter of
Section 35. Tovnehip 13 South. Range 13 East, Willamette KeridLon, Jw(fact011 County. Ortge.l.
EXCEPTING THEREFROM that portion of the above
described property lying northerly and easterly of
the ordinary high water mark of the Crooked River.
EXHIBIT -A
page--
REVISED 0,155-1785
EXHIBIT "A"
SIGNA
SIGNATURE
ADDRESS_gT _1_BOX 335 TFRRFRnAL>UF OR 9776
TAX LOT NUMBERS 11-11_14 TI Ino Rn Ar.
PROPERTY DESCRIBED AS FOLLOWS:
DATE
DATE
'the Sou[I LO lest a! tye Ea'" half half of Elie Northequarter of thu Southw ft
quarter; "t Southwest quarte: of the Southeast quarter: and the 5outl,tune
quarter of the Southwest quatter e:tcept the Nort'- ::0 feat of the West half of
the Southesfc quarter of the So.1thweft quarter. .etl.i.,, Section 34, Townfhi� .)
South. Range 13, East of thu Kll:amette MErid lan, itffer.on calletp, Ore A.
EXCEPTING THEREFROM that portion of the above
described property lying northerly and easterly of
the ordinary high water mark of the Crooked River.
EVISIT 1k r
page._---� 6
EXHIBIT "A" 0155-1780
SIGNATURE DATE
ADDRESS RT 1 BOX 333 TERREBONNE, OR. 97760
TAX LOT NUMBERS I3-13-33 TLS 200 300, 400. 13-13-34 TL 400. 149.65 AC.
PROPERTY DESCRIBED AS FOLLOWS:
PARCEL 1: / ` -:'
4S'
That portion of the Southeast gvarte�`of,the SOut►n�est quarter�in S#Ction 33,
Township 13 South, Range 134C of the Willamette Merfdf46. Jefferson County.
Oregon, )ging fast Of • line marked'on the North by en existing ducker Embedded to
the ground with whirr coo upon which the"tetters 'Property Corner` appear and
marded on the South by a brass 3/e corner iwrker-,fur the said Sectfon 33,
he Northwest quirter.of.the'Southeist quarter •n)d,Lhe South half of the 'Southeast
quarter ,fn Sectfon'33, Township 13•South,rRange 13'East of the Willamette Meridian,
of ferso�n,'County. -'.Oregon : ;
EXCEPTING' : �,'.` �.
Beginning at thd�Southwest�eorner.ofSouthe 5outiirest'Quarter of the `
West eas
re et of =a1d,Settlon: theme# (13 000 feet thence North 130 left; thence
Nest 200 feet more or less to the East 114of'the John Cunnton and Nancy Marfa'
Cunnion property ai described in Jefferson County'Circuit Court Case /8911 Order'
filed July 7, 1983;, thence Southerly along said iasterly lint 130 feet more or/less
to the point of beginning. (AKA,Lount,y Map 013-13-33-400)'
PARCEL 2.-
The
:The Northeast quarter of the Southeast quarter to SeCtion 7, To ship 11 South,
Range 13 East of the Wfllanette Meridian, Jefferson County. Orpon.•'
(AKA County Map 113-13-33-300)
PAROL 3:
Nest half of the Southwest quarter and Southwest quarter of the Northwest quarter of
Section 34, Township 13 South, Range 13 East of the Willamette Meridian, Jefferson
County, Oregon.
EXCEPTING a tract of land in the Northwest quarter of the Southwest quarter of
Section 34 conveyed to Ned Bottenberg and wife, recorded February 8. 1940 in deed
Yol. IS. Page 90. Jefferson County Records. (AKA County Map 113-33-34-4001
PARCEL 4:
8epfnntng at the East quarter corner of Section 33, Township 13 South, Range 13 East
of the Willamette Meridian, JefTerson County, Oregon; thence Northerly along the
Easterly line of said Section 33 to the point where sold Easterly line intersects the
top of the escarpment of the South rim of the Crooked River Canyon; thence roll the top of the #scarp�ent of the South rim of the Crooked River Canyon first Westerly
then Northerly and thence Southerly and Westerly td its intersection with the
East-West centerline of said Section 33; thence Easterly along said East-West cen-
terline to the point of beginning. (AKA County Map 113-13-33-200)
f- ,
5XHISIT A W
EXHIBIT "A"
NAME nnxnTtty DOt PRATT
SIGNATURE
SIGNATURE
ADDRESS 3255 LYNAL LANE, REDMOND, OR 97756
TAX LOT NUMBERS 13_13-33 TL 600 40 AC
PROPERTY DESCRIBED AS FOLLOWS:
DATE
DATE
le -
0155-178'1
W94iniag, efwfod in filo County o1 JEFFERSON ••• • •_ and bfafo d Orion. dese"bed oo follows, so.wit:
S('-thesst Quarter of the Southwest quarter in Section 33, Township 13 south. Range 13 Iasi
line markedhOnithenNorthrbyson in a tsting markeon r Imbedded In portion
ro ndnwithna East of #
white cap up
which the letters "Property Corner" appear and'marked on the South by a brass 1/4 cornet
marker for said Section 33.lncluding the following described easement: Beginning at the
S -)4h one-quarter corner of Section 33, Township 13 South, Range 13 East. Willamette
W rldlon, Jefferson County. Oregon; thence Northerly along the East line of John Cunnion
and Nancy, Marla Cunnlon property as disclosed in Circuit Court Case 18814 Order filed Jul
1983. 30 feet, mon or less, to a point which Is file U,%sterly extension of the Northerly
right.of way of Trail Crossi,ig Road aka Public Usage Road 13226; thence Easterly parallel
with the South line of W id S7L'tIvn to a point being on the Northerly extension of Ooney
Road; thence Southerly along t'x extenslon of Ooney Road30 feet, more or less. to the
South line of said Section; th*nce! West along the South iine of said Section to the point
of beginning.
EXHIBIT
Page
NAME
EXHIBIT "A"
SIGNATURE .,.
3
Si
ADDRESS RT, 1 Rnx 334 TFRRFBONNF OR 97760
TAX LOT NUMBERS iq_iq_g� Tt. 7nn 4f; ar
PROPERTY DESCRIBED AS FOLLOWS:
{
0155-1788
eeginning at the Southwest corner of the Southwest
Quarter of the Southeast Quarter of Section 33, TownshJp
13 South, Range 13 Best of the Willamette Meridian.
Jefferson County, Oregont thence Bast 200 feet thence
North 130 feet= thence West 700 feet more or less to the
East line of the John Cunnion and Nancy Maria Cunnlon
property as described in Jefferson County Circuit Court
Case {8811 Order filed July 7, 1983; thence Southerly
along $aid Easterly line 130 feet more or less to the
Point of beginning.
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DATE: July 8, 1996
0155-1790
RECEIVED
J U L - 8 1996
06SCHUTES CO. LEGAL COUNSEL
Community Development Department
Administration Bldg., 1130 N.W. Harriman, Bend, Oregon 97701
(541) 388-6575
MEMORANDUM FAX 385-1764
Planning Division
Building Safety Division
Environmental Health Division
TO: Beverly Wilson, Legal Assistant, County Counsel
FROM: Paul Blikstad, Associate Planner 0
RE: Petition for annexation to RFPD No. 1 (File no.
16-510)
The Deschutes 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 the proposed annexation to the fire
district, are necessary and appropriate.
The Planning Division notes that the petitions signed by the
property owners all appear to have an error in the Township
number for each property. They all show a 13 number, which
would likely be in Jefferson County. This may need to be
corrected.
LXHIBIT C
Page
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