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2002-60-Order No. 2002-011 Recorded 1/30/2002DESCNUTES COUNTY OFFICIAL RECORDS REVIEWED ~-c- LEGAL COUNSEL MARY SUE PENNOLLOW, COUNTY CLERK W i00z'b0 COMMISSIONERS' JOURNAL 01/30/2002 12:24:48 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Annexation of Garland Annexation Territory into Rural Fire * ORDER NO. 2002-011 Protection District No. 2. WHEREAS, a petition requesting annexation of territory into Rural Fire Protection District No. 2 was duly filed with the Board of County Commissioners of Deschutes County on January 2, 2002; 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 areas to be annexed; and WHEREAS, a public hearing was held on January 30, 2002, 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 areas would be benefited by annexations of said territory into Rural Fire Protection District No. 2; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Garland 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 "A" and depicted on the map marked Exhibit "B" of the Garland petition and as set forth, and shall be known as the "Garland Annexation." Section 3. That the applicable land use criteria pertinent to the proposed Annexations, 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 to the petition hereto and by this reference incorporated herein. Section 4. That the territory included in the Garland Annexation is declared to be annexed into Rural Fire Protection District No. 2 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, Deschutes County Assessor's Office, Deschutes County 911 County Service District and Rural Fire Protection District No. 2. Page 1 of 2- ORDER NO. 2002-011 (01/30/02) S:\LEGAL\SPECIAL DISTRICTS\GARLAND ANNEXTION\ORD 2002-011 - GARLAND ANNEX APPROVAL.DOC Section 6. The purpose of this District is to provide fire protection services within the District. n DATED this jv 'day of January, 2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES -----IT W_ ATTEST: Recording Secretary Y, Page 2 of 2- ORDER NO. 2002-011 (01/30/02) SALEGAL\SPECIAL DISTRICTS\GARLAND ANNEXTION\ORD 2002-011 - GARLAND ANNEX APPROVAL.DOC DENNIS R. LUKE, Commissioner EXHIBIT ~A" Name: L-h " 6tng-L~AoD Address: 7 - f2- )C-M ~--D F-v6D Tex Lot Number: JS - 13 -00 4,50 2- Property described as: Ty-~ S0c,TN-~~T O ukptf--, Or- 1*4!~ 6d u -yf% l' OLWV- ~-A IC~~~ti l$ `.x~uTl-►,NC~~Ti-~ /u (13> fT -foG LJILtAMf 7th EXHIBIT„ ~4 PAGE / Al PARTITION PLAT NO. 1994-42 See Moe Is 12 tit Y tl v ga :--1 OD r~ W m gp z qu~H ~A N2Qp3~Q ? y e o w8 u ~ N 1 UyY1 e' O~ FA d~ Z~ U``o SO$ Mao 10 K `PARTITION PLAT NO. 1991-38 PARTITION PLAT N0.1994-351 PARTITION PLAT NO. 1992-24 av w EXHIBIT 8 PAGE. 1 1 TES LZ Community Development Department A Planning Division - Building Safety Division - Environmental Health Division 0 117 NW Lafayette Avenue - Bend, Oregon - 97701-1925 (5411388-6575 - FAX (541) 385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM RECEIVED DATE: January 4, 2002 JAN TO: Laurie Craghead, Assistant County Legal Counsel <,t; _ruAL GiJUNSEL FROM: Paul Blikstad, Associate Planner RE: Annexation to a Deschutes County Rural Fire Protection District #2; Garland Annexation, Your file no. 16-569 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 and Services section of the County Comprehensive Plan, on page 159-160, 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 an important part of rural development, as evidenced by the comprehensive plan chapter on natural hazards, which includes fire. It is clear that the ability to acquire fire protection is a valuable public resource. Staff finds that the proposed annexation to the Deschutes County Rural Fire Protection District is consistent with the County Comprehensive Plan and Statewide Planning Goals. Quality Services Performed with Pride EXHIB'T _„„PAGE_ DESCHUTES COUNTY LEGAL COUNSEL LAURIE E. CRAGHEAD Assistant Legal Counsel TO: Paul Blikstad, CDD DATE: January 2, 2002 RE: Garland Annexation FILE NO.: 16-569 W Ext. 6593 Enclosed is a copy of the petition from Larry Garland for annexation in Deschutes County Rural Fire Protection District #2 for your compliance evalution. Please confirm at your earliest convenience. Thank you. .rN w I~ , S:\Legal\Special Districts\Garland Annextion\Memo to Paul B - CDD.doc EXHIBIT (f PAGE °2 ° " PETI i DN TO ANNEX PROPF TY TO RURAL FIRE PROTECTION DISTRICT #2 RE CEYp To: The Board of County Commissioners JAN 0 3 2002 Deschutes County, Oregon DESCHUTES CO. LEGAL GOUNSEL The undersigned, in support of this Petition, state as follows: 1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955. 2. This annexation Petition affects only Deschutes County and Rural Fire Protection District 42. 3. The principal act for R.F.P.D. #2 is ORS 478.0-01, et seq 4.Thc territory that is subject to this Petition for Annexation is primarily inhabited. The attached petitions in support of this annexation are signed by land owners and registered voters in the area proposed to be annexed as indicated opposite their respective signatures, and that all signatures were obtained on or after the A day of ! ~e 5. It is requested that the proceedings be taken for the annexation of said territory to Rural Fire Protection District #2, Deschutes County, Oregon. A description of the bound&ries of the territory to be annexed is attached hereto and marked Exhibit "A". 6. That said petition has been signed by 15 percent of the electors, or 100 electors whichever number is lesser, or 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. DATED this A day of 5EPME b 61L- , :~-Op f NAME: _ Z-AR--R-`1 6Ar2-L-NO ADDRESS: _ 1/0 1~,~,~SGCrs AQO 92"el 92 9AC ~u PHONE: (o `9R " 97R NAME: _ ADDRESS: PHONE: Approved by the Board of Directors of Deschutes County Rural Fire Protection District #2.this L.3 5b-- day of NO V krnr3-f 't ,.,001 Approved by City of Bend Board of Directors Rural Fire Protection c #2 EXHIBIT. e PAGE Jo-r'f f • r V V A V A w w u a~ O a~ O r.. a~ O r. a~ O w a~ O w a~ O w c ~ O ~i 0 X7"1 ri C~ r7'1 ITV ~ ~ M ~ r7'f M ~ J~1 i1 ~ X7'1 rl C~ ~ j N N w V C~L H h Q a d v z C 1 W z a ~ t o, a a u a ' u 7 'C b r N?l r Lu L~ 'CE i o0 V 0 A b C 'J C yyyy6 m •O ;S NN ~ C ~ w m o a u A W Y 0 r Y5~ vi y s d N M C= Z Q `i- n r 3 u el n x :J LU m ,o gi yr E Y !PE: ~yF EXHIBIT e PAGE ~`d~ ~ EXHIBIT "A" Name: Lhe-" 6tkg-,,Aoc) Address: 2_2555,6' r2- IGj!~Af--D g-66 p Tax Lot Number: is - 13 -00 - 4 SD 2 Property described as: TI'S svu sT' uk(~ Dr- i~ f- Sc, u iP I5 sr Qu1 T 0 F) 1::' Tr-w (1,5) C)Ljjp ~167 `..x uT11, P6 r, -TH 1F- F- iu ~13~ T CJ -TH f-; L, I LLQ M f 7th. M "-t DI PJJ P Tl-c5 C l) U NT L/I . EXHIBIT t- PAGE 0-U- O PARTITION PLAT NO. 1994-42 1001, sn Moo 18 12 7 b d v ggg~ i~ aQ 8 4 0 m = m ~n co C) m ' c ~ z' n C0~"2 8z- FRO Aq C O- N 48 N0 2-09 8jV me au d Q Z~ ~ d Un` 5-9 Mao 18 14 PLAT NO. 1991-38 PLAT NO. 1994-35' PLAT NO. 1992-24-' EXHIBIT C PAGE 6 air RECORDED Dy 363 1621 WESTERN TITI F R F%ROW Co ~T3"Ol~~i Tillc Ordcr Nu. 119636.i;F fscruwNn. 119G3G-NF Wo; o 0 Aft,, rca+nlml; rtturn In: r : F ~ I MI' s Larry `I)Gnrlnnd iazap _I O i t o i Unliln rhanxr,. relursied all l:i, ++.+icmems,hnll l•c n+,,, the Z= Jo ,~„~o ^I~ _ Gdhnnng addns+. V~ i Q„ - V Larry U. Carlancl O _ I ~ o avi; W DO 1YU11 Blvd. o p No00 r- x poca Raton, FL 33431 0>- _ Name. Address. %p 2 a a z ° Q C F~z~ H v °u m i STATUTORY WARRANTY DEED Eric W. Coats and Robin Lynn Coats, husband and wife,Grantor, conveys and warrants to Larry D. Garland, Grantcc, the following described real property free of encumbrances, except as specifically set forth herein situated in Deschutes county, OREGON, to wit: The Southeast Quarter of the Southeast Quarter (SEl/4 SE1/4) of Section Fifteen (15), Township Eighteen (18) South, Range Thirteen (13) East of the Willamette Meridian, Deschutes County, Oregon. This property is free from encumbrances, EXCEPT: The existence of roads, railroads, irrigation ditches and canals, i telephone, tclegraph and power transmission facilities. The rights of the public in and to that portion of the herein ' described property lying within the limits to roads and highways. i THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OFAPPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH I THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $120, 000.00. (Here comply with the requirements of ORS 93.030) Datcd this t day of 19 Qom. Krlc W. Coots 1 , ' Robin Lynn Coats STA TE OF OREGON, County of Deschutes ss. 77ds instlunrcnt was acknowledged before ine na J n un by Eric W. Coats and Robin Lvnn Coats 5 OFFICUI SERI -+r Nanc Flood kAHCY Notary Puhlic for Oregon NOTARYA= OFtE COA011991CN Ja W7222 My commission rxpires 2 - 98 1rt 0oW11sElON [JP t*TLtt. tWe EXHIBIT PAGE 4 SEL "4 SECURITY DEPOSIT oils 198,7n FOR SPECIAL DISTRICT FORMATION OR RCORGANIZATION ❑ FORMATION -r-71 ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION District No. of precincts in district ® $ per precinct = $ (maximum of $10,000) rota) deposit PERSONS/ORGANIZATIONS PROVIDING ANY PART OF-0 SH/SE DEPOSIT 1. NAME (PRINT)-.1-_he-m 67A aR c> SIGNATURHA-Ii ~ RESIDENCE ADDRESS 2 3SS I GK-M -2 F77V 1?6 ) n ~Q(L 9770 / MAILING ADDRESS (IF DIFFERENM cu L CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* [4 CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 2. NAME (PRINT) SIGNATO RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION * ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF D ) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION.* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT CHIEF PETITIONERS I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of district exceed the deposit, I/we will pay to the county treasurer the amount of the excess costs (ORS 198.775). 1. NAME (PRINT) Lh-g m SIGNATURE RESIDENCE ADDRESS -2-554.S F iCKAf-P ,9s, DATE 16 2--z, o i MAIJJNG ADDRESS (IF DIFFERENM Lp~ , CITY, STATE, ZIP CODE M_~ .~L 3~q 4 DAY TELEPHONE a - 2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE 'Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached EXHIBIT C PAGE lfd1'q? 14-