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1999-87-Order No. 99-007 Recorded 2/25/1999N . 4 VOL: CJ1999 PAGE: 87 RECORDED DOCUMENT STATE OF ,QREGON COUNTY OF DESCHUTES I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Feb. 25, 1999; 10:01 a.m. Order (CJ) NUMBER OF PAGES: 7 1- /,0 / ='Mom"Was MARY SUE PENHOLLOW MIED DESCHUTES COUNTY CLERK MAR 10 1990 ..AR JPS(91199 *01999-87 * Vol -Page 03/09/1999 08:57:17 LJ- lqqy REVIEWED 13 w� e EG --Al COIJNS'EL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Annexation of Territory into Rural Fire Protection District No. 2 (Sunset View Annexation), and Notice of Final Hearing. WHEREAS, a petition requesting annexation of territory into Rural Fire Protection District No. 2 was duly filed with the Board of County Commissioners; and WHEREAS, the Deschutes County Clerk's Office has verified that the annexation petition was signed by more than 15 percent of the registered voters/real property owners within the area to be annexed;and WHEREAS, a public hearing was held on the petition on January 27, 1999, and on February 22, 1999, 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 into Rural Fire Protection District No. 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 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. 2 is approved. Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit 1, attached hereto and by this reference incorporated herein, and shall be known as the "Sunset View Annexation." Section 3. That the applicable land use criteria pertinent to the proposed 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. PAGE l - ORDER No. 99-007 (2-22-1999) n -'- ORDER NO. 99-007 An Order Approving the Annexation of Territory into Rural Fire Protection District No. 2 (Sunset View Annexation), and Notice of Final Hearing. WHEREAS, a petition requesting annexation of territory into Rural Fire Protection District No. 2 was duly filed with the Board of County Commissioners; and WHEREAS, the Deschutes County Clerk's Office has verified that the annexation petition was signed by more than 15 percent of the registered voters/real property owners within the area to be annexed;and WHEREAS, a public hearing was held on the petition on January 27, 1999, and on February 22, 1999, 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 into Rural Fire Protection District No. 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 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. 2 is approved. Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit 1, attached hereto and by this reference incorporated herein, and shall be known as the "Sunset View Annexation." Section 3. That the applicable land use criteria pertinent to the proposed 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. PAGE l - ORDER No. 99-007 (2-22-1999) Section 4. That a final hearing regarding the Sunset View Annexation to the district shall be held on Wednesday, March 24, 1999, at 10 a.m. in the Board of County Commissioners' Hearing Room, 1130 NW Harriman Street, 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 percent 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 22nd day of February, 1999. ATTEST: RecordingSecretary PAGE 2 - ORDER No. 99-007 (2-22-1999) BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON INDA L. SW ARINGEN, C air T. N. DEW , CommiGkQr 0 D2NNIS R. LU , Commissioner EXHIBIT 1 PROPERTY DESCRIPTION SUNSET VIEW ESTATES AND LOST TRACKS GOLF COURSE A parcel of land located in Sections 20, 28 and 29, Township 18 South, Range 12 East, Willamette Meridian, Deschutes Co- unty, Oregon, being more particularly described as follows: Beginning at the East one-quarter corner of said Section 29, a 3" brass cap; thence along the east -west centerline of said Section 29, North 89038125" West, 4389.20 feet to a 5/8" iron rod; thence leaving said centerline, North 00051128" East, 3381.41 feet to a 5/8" iron rod on the southerly right-of-way of Knott Road; thence along said right-of-way, North 51°10' 54" East, 392.28 feet to a 5/8" iron rod; thence along the arc of a 2824.79 foot radius curve right, 920.37 feet the chord of which bears North 60029100" East, 916.30 feet to a 5/8" iron rod; thence North 69049130" East, 344.59 feet to a 5/8" iron rod; thence along the arc of a 1949.86 foot radius curve left, 601.93 feet, the chord of which bears North 600 58153" East, 599.54 feet to a 5/8" iron rod; thence North 520 08115" East, 257.50 feet to a 5/8" iron rod on the westerly right-of-way of China Hat Road; thence along said right-of- way, South 37051149" East, 1221.61 feet to a 5/8" iron rod; thence along the arc of a 1456.70 foot radius curve right, 417.50 feet, the chord of which bears South 29039111" East, 416.07 feet to a 5/8" iron rod; thence South 21026133" East, 864.23 feet to a 5/8" iron rod; thence leaving said right- of-way, South 68033'27" West, 330.00 feet to a 5/8" iron rod; thence South 21°22'24" East, 662.53 feet to a 5/8" iron rod; thence North 68033141" East, 330.04 feet to a 5/8" iron rod on the westerly right-of-way of said China Hat Road; thence along said right-of-way, South 21026101" East, 2070.64 feet to a 5/8" iron rod on the east -west centerline of said Sec- tion 28; thence along said centerline, South 89050157" West, 85.13 feet to the point of beginning and terminus of this description. • �JT E S CD 0 DATE: TO: FROM: RE: January 25, 1999 EXHIBIT 2 Community Development Department 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 MEMORANDUM Beverly Wilson, Legal Assistant Paul Blikstad, Associate Planner (541) 388-6575 FAX 385-1764 Planning Division Building Safety Division Environmental Health Division Annexation to Rural Fire Protection District No. 2, Sunset View Estates annexation, File No. 16-549 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 policy: 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 common trenching where appropriate. Fire protection is a very important aspect of rural development, as evidenced by the chapter on natural hazards in the Plan. Staff finds that the proposed annexation to the Rural Fire Protection District No.2 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Quality Services Performed with Pride EXHIBIT 3 NOTICE OF FINAL HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding the proposed annexation to Rural Fire Protection District No. 2 (Sunset View Annexation), will be held on Wednesday, March 24, 1999, at 10 a.m. in the Board of County Commissioners' Hearing Room, 1130 NW Harriman Street, Bend, Oregon. The boundaries of the proposed annexation are as specified in Exhibit A, attached hereto and by this reference incorporated herein. The purpose of the proposed annexation is to provide fire protection services for the inhabitants of the proposed area to be annexed. All interested persons may appear and be heard. Upon conclusion of the final hearing, the Board will enter its final order annexing the subject territory to/creating 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. The meeting location is wheelchair accessible. For the deaf or hard of hearing, an interpreter or assistive listening system will be provided with 48 hours notice. Materials in alternate formats may be made available with 48 hours notice. To arrange for these services, please contact Anita Mutchie at 541-388-6572. For hearing impaired, call TDD 541-385-3203. To be published in The Bulletin: BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON LINDA L. SWEARINGEN, Chair March 14 and March 18, 1999 To be posted: March 15, 1999 EXHIBIT A PROPERTY DESCRIPTION SUNSET VIEW ESTATES AND LOST TRACKS GOLF COURSE A parcel of land located in Sections 20, 28 and 29, Township 18 South, Range 12 East, Willamette Meridian, Deschutes Co- unty, Oregon, being more particularly described as follows: Beginning at the East one-quarter corner of said Section 29, a 3" brass cap; thence along the east -west centerline of said Section 29, North 89038125" West, 4389.20 feet to a 5/8" iron rod; thence leaving said centerline, North 00051128" East, 3381.41 feet to a 5/8" iron rod on the southerly right-of-way of Knott Road; thence along said right-of-way, North 51°10' 54" East, 392.28 feet to a 5/8" iron rod; thence along the arc of a 2824.79 foot radius curve right, 920.37 feet the chord of which bears North 60029100" East, 916.30 feet to a 5/8" iron rod; thence North 69049130" East, 344.59 feet to a 5/8" iron rod; thence along the arc of a 1949.86 foot radius curve left, 601.93 feet, the chord of which bears North 60° 58153" East, 599.54 feet to a 5/8" iron rod; thence North 520 08115" East, 257.50 feet to a 5/8" iron rod on the westerly right-of-way of China Hat Road; thence along said right-of- way, South 37051149" East, 1221.61 feet to a 5/8" iron rod; thence along the arc of a 1456.70 foot radius curve right, 417.50 feet, the chord of which bears South 29°39'11" East, 416.07 feet to a 5/8" iron rod; thence South 21026133" East, 864.23 feet to a 5/8" iron rod; thence leaving said right- of-way, South 68033127" West, 330.00 feet to a 5/811 -iron rod; thence South 21022124" East, 662.53 feet to a 5/8" iron rod; thence North 68033141" East, 330.04 feet to a 5/8" iron rod on the westerly right-of-way of said China Hat Road; thence along said right-of-way, South 21026101" East, 2070.64 feet to a 5/8" iron rod on the east -west centerline of said Sec- tion 28; thence along said centerline, South 89050'57" West, 85.13 feet to the point of beginning and terminus of this description.