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1999-865-Order No. 99-125 Recorded 7/29/1999VOL: CJ1999 PAGE: 865 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *01999-865 *Vol -Page Printed: 08/04/1999 08:35:14 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Jul. 29, 1999; 11:33 a.m. Order (CJ) NUMBER OF PAGES: 7 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEYF CED AUG 0 3 1999 ej//� hi ` gq,sk- REVIEWED RQL--) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C , An Order Approving the Annexation of 99 JUL 29 AM 11: 33 Territory into the Rural Fire Protection District * MARY SUE P E N H O L L O W No. 1 (Kachina Road Annexation), and Notice * COUNTY CLERK of Final Hearing. ORDER NO. 99-125 WHEREAS, a petition requesting annexation of territory into the Rural Fire Protection District No. 1 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 within the area to be annexed; and WHEREAS, a public hearing was held on the petition on July 28, 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 the 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 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 the Rural Fire Protection District No. 1 is approved. Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit 1 and depicted on the map marked Exhibit 2, attached hereto and by this reference incorporated herein, and shall be known as the "Kachina Road Annexation." Section 3. That the applicable land use criteria pertinent to the proposed Kachina Road 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 3, attached hereto and by this reference incorporated herein. Section 4. That a final hearing regarding the Kachina Road Annexation to the district shall be held not less than 20 days nor more than 50 days from the date of this order, in the Deschutes County Board of County Commissioners' Hearing room, 1130 N.W. Harriman Street, Bend, Oregon. Section 5. That all interested persons may appear and be heard. 1 - ORDER No. 99-125 (7/28/1999) 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 4, attached hereto and by this reference incorporated herein, shall be published and posted in accordance with ORS 198.730. DATED this 28th day of July, 1999. ATTEST: Recording Secretary 2 - ORDER No. 99-125 (7/28/1999) BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, O GON LINDA L. SWEARINGEN, Chair 1 T. N. DEWOLF, m nissioner D-P,NNIS R. LUKE, Commissioner Legal Description (Kachina Road Annexation to Deschutes RFPD No. 1) A tract of land located in Townships 14 and 15, Range 12 E. Willamette Meridian, Deschutes County, as follows: Tract 1. The SE'/4 of the SW '/4 of Section 34, Township 1.4, Range 12 E. Willamette Meridian. Tract 2. The N'h of the NW %4 of Section 3, Township 15, Range 12 E. Willamette Meridian; the SE'/4 of the NW'/4 of Section 3, Township 15, Range 12 E. Willamette Meridian. EXHIBIT 1 0 KA CHINA ROAD ANNEXATION Mapprinmd 6117/1999 947 0 947 1894 Feet 1:22735 Q EXHIBIT 2 DATE: TO: FROM: RE: July 26, 1999 Community Development Department 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 MEMORANDUM Bruce White, Assistant Legal Counsel 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. 1, Wyoming McKenzie annexation, File No. 16-516 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 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Quality Services Performed with Pride EXHIBIT 3 NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding the proposed Kachina Road annexation into Rural Fire Protection District No. 1 will be held on Wednesday, , 1999, at 10 a.m. in the Board of County Commissioners' Hearing Room, Administration Building, 1130 NW Harriman Street, Bend, Oregon. The boundaries of the proposed Kachina Road annexation are as specified in Exhibit 1, attached hereto and by this reference incorporated herein. The purpose of the proposed Kachina Road 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 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 or for more information, please contact Anita Mutchie at 541-388-6572. For hearing impaired, call TDD 541-385-3203. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON LINDA L. SWEARINGEN, Chair To be published in The Bulletin: and , 1999 To be posted: 1999 EXHIBIT 4 Legal Description (Kachina Road Annexation to Deschutes RFPD No. 1) A tract of land located in Townships 14 and 15, Range 12 E. Willamette Meridian, Deschutes County, as follows: Tract 1. The SE'/a of the SW '/a of Section 34, Township 14, Range 12 E. Willamette Meridian. Tract 2. The N '/s of the NW K of Section 3, Township 15, Range 12 E. Willamette Meridian; the SE'/a of the NW'/a of Section 3, Township 15, Range 12 E. Willamette Meridian. EXHIBIT 1