Loading...
1999-1058-Order No. 99-166 Recorded 11/17/1999VOL: CJ1999 PAGE: 1058 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *01999-1058 *Vol -Page Printed: 11/17/1999 16:25:57 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: Nov. 17,1999; 10:57 a.m. Order (CJ) NUMBER OF PAGES: 5 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KE00NED A 1999 t" REVIEWED REVIEWED Legal Counsel BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU NQ%MM,IQJFMON An Order Approving the Annexation of Territory * MARY SUE FENHOLLOWCOUNTY C L. E R K into Rural Fire Protection District No. I (Eagle Crest Expansion Phase Annexation). ORDER NO. 99-166 WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural Fire Protection District No. 1 was duly filed with the Board of County Commissioners; and WHEREAS, the Deschutes County Assessor's Office has 'verified that the annexation petition was signed by 100 percent of the real property owners within the area to be annexed; and WHEREAS, a public hearing was held on the petition on November 10, 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 Deschutes County 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 Deschutes County :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 "Eagle Crest Expansion Phase Annexation." Section 3. That the applicable land use criteria pertinent to the proposed Eagle Crest Expansion Phase 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 the territory included in the Eagle Crest Expansion Phase Annexation is declared to be annexed into the Deschutes County Rural Fire :Protection District No. 1 as of the date of this Order. I - ORDER No. 99-166 (11/1.0/1999) Section 5. That after signature, a copy of this Order shall be forwarded to the Oregon Department of Revenue, Deschutes County Assessor's Office and the Deschutes County Rural Fire Protection District No. 1. Section 6. The purpose of this District is to provide fire protection services within the District. DATED this 10th day of November, 1999. ATTEST: I qDrL� Recording Secretary 2 - ORDER No. 99-166 (.11/10/1999) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DA L. SW N EN, Chair T. N. DEWOLF, Comm r Ie D IS R. LUKE, Commissioner EXHIBIT A EAGLE CREST EXPANSION Legal Description The Northeast Quarter (NEI/4) and the Northwest Quarter (NW1/4) and the Southwest (SWI/4) of Section Sixteen (16), Township Fifteen (15) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon. ALSO KNOWN as Account No. 15 12 4800, Code No. 450, Serial No. 124934 The area described contains 480.00 acres. Exhibit' i — Page : I 2 ._I 1146, Exhibit ' ,,L' —Pa e� 5263cmpo. d wg 74 tF. INN.: IMMEM16111:1", -A Exhibit 3 to Order No. 99-166 Findings in Support of Fire District Annexation ORS 198.805 and ORS 199.462 require that in making a determination about whether property that is proposed to be included within a fire district boundary would benefit from such a boundary change, the proposed boundary change must be reviewed to consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of the land that would directly or indirectly be affected by the proposed boundary change and the statewide land use planning goals. The Board finds that the property is proposed to be developed as an addition to the Eagle Crest destination resort and as such the property would benefit from inclusion within a fire protection district. The land that is subject to the proposed boundary change is designated under land use planning Goal 8 to allow for destination resort approvals, subject to approval under the county's land use permit process. The Board finds that any land use issues specific to the proposal will be resolved in the land use permitting process. The mere extension of a fire protection district service area is not inconsistent with the comprehensive plan nor the planning goals.