2002-835-Order No. 2002-073 Recorded 5/1/2002REVIEWED
LEGAL COUNSEL
DESGNUTE5 WUNTT UrrIUAHL KLUUKU, (~T ~ 20OZ]~}~}7~~~~
MARY SUE PENHOLLOW, COUNTY CLERK VJ
COMMISSIONERS' JOURNAL 05/01/2002 04;12;51 PM
For Recording Stamp only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting New
Date For Public Hearing for Petition filed
for the Walker Annexation into the
Deschutes County Rural Fire Protection
District #2.
* ORDER NO. 2002-073
*
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire Protection
District was duly filed with the Board of County commissioner of Deschutes County on April 22, 2002; a
copy of which petition is attached hereto as Exhibit "A" and by this reference incorporated herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that timeframe is May 22, 2002; and,
WHEREAS, the Board chooses to also require publication notice for special district annexations; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the Deschutes County Rural Fire Protection
District, a copy of which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday, May
22, 2002 at 10:00 a.m. at 1130 NW Harriman, Board Hearing Room, Bend, Deschutes County, Oregon.
PAGE 1 OF 2 - ORDER NO. 2002-073 (05/01/02)
$:\LEGAL\$PECIAL DISTRICTSMALKER ANNEXATION\ORDER 2002-073 WALKER ANNEXATION[SET NEW HEARING DATE].DOC
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice
to be published in The Bulletin on May 6, 2002 and May 15, 2002, and posted on May 1, 2002, in three
public locations within the county as follows: One notice shall be posted on or near the doors of the
meeting room of the Board of County Commissioners; one notice upon any official bulletin board
customarily used for the purpose of posting public notices within the county; and one notice shall be
posted upon any official public bulletin board customarily used for the purpose of posting public notices
within the proposed district. Notices posted shall be for not less than five (5) consecutive days.
Dated thisg~ of 2002
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES_ COUNTY, OREGON
TOIM14 DEWO CHAS-
NNIS R. LUK , COMMISSIONER
- 4,,K
MICHAEL M. DALY, COMMISSIONER
PAGE 2 OF 2 - ORDER NO. 2002-073 (05/01/02)
SALEGAL\SPECIAL DISTRICTS\WALKER ANNEXATION\ORDER 2002-073 WALKER ANNEXATION[SET NEW HEARING DATE].DOC
FE1._ JN TO ANNEX PROF ..,k -t 'Y TO j r
RURAL FIRE PROTECTION DISTRICT #2 FEB 2 7
DESCHUTES W ; .yd }yeL
To: The Board of County Commissioners
Deschutes County, Oregon
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 #2.
3. The principal act for R.F.P.D. #2 is ORS 478.0-01, et seq.
4.The 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,'~2day of
,o
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 boundaries 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 day of o2002--
NAME: E NAME: k/
ADDRESS:65395 W. HWY 20 ADDRESS:
Bend, OR 97701
PHONE: (541L2389-4809 PHONE:
Approved by the Board of Directors of Deschutes County Rural Fire Protection District #2.this -
dayof 1
. ~ D -I I- C 11 1
Approved by City of Bend
Board of Directors
Rural Fire Pr tection Di tric #2
B
Exhibit A
R5EL 7N
V. 5i14i93 SECURITY DEPOSIT ORS 19&7n
l~v
FOR SPECIAL DISTRICT FORMATION OR RCORGANIZATION
❑ FORMATION ® ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION
Des. Co. R.F.P.D. #2 District
No. of precincts in district 0 $ per precinct = $ total deposit (maximum of $10,000)
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURM DEP IT
m
i
ar
anne Walker
1. NAME (PRINT)
SIGNATURE
RESIDENCE ADDRESS 5895 W. HWY 20,
Bend, OR 97701
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ® CASH
❑ BOND ❑ OTHER SECURITY DEPOSIT
2. NAME (PRINT)
Si --NA1 u1
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 DIFFERENT)
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 sts of th attemp
ted formation, annexation, withdrawal, or dissolution of
t
istrict exceed the d positr I/we will pay to the county treasurer
amount of the excess sts (ORS 198.
1. NAME (PRINT)
SIGNATURE
RESIDENCE ADDRESS
DATE
MAIJJNG ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
DAY TELEPHONE - -
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.
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BEFORE THE DESCHUTES COUNTY R.F.P.D. 92
AND
BOARD OF COUNTY COMMISSIONERS
In the Matter of the Application of-.
)
ANNEXATION OF PROPERTY
Marianne Walker.
APPLICANTS: Marianne Walker, 65895 W. Highway 20, Bend, Oregon 97701.
OWNER: Marianne Walker, 65895 W. Highway 20, Bend, Oregon 97701
PROPERTY
ADDRESS: 65900 W. Highway 20, Bend, Oregon 97701
AGENT: Dan Van Vactor and Lori Kliewer, 725 NW Broadway, Bend, OR 97701
REQUEST: Approval of annexation of T16 R11 S16, Tax Lot 100, commonly known
as 65900 W. Highway 20, Bend, into the Deschutes County R.F.P.D. #2
district.
LOT LINE NOTE - The lot lines of the subject property were recently adjusted
ADJUSTMENT: to reflect a reduction of 40 acres in the northwest corner of the
subject property. Some county maps have not been updated to reflect the
correct lot configuration, which excludes a 40-acre portion in the northwest
corner of the subject property.
1. ANNEXATION REQUIREMENTS:
A. Consultation:
The procedure for annexation of property to the District requires that the property owners
desiring to annex to the District to consult with the City of Bend Fire Department.
Applicant's agent contacted Tom Fay of Deschutes County R.F.P.D. #2 on January 25,
2002 to discuss whether the subject property was located adjacent to the District's
boundaries. Mr. Fay discussed the annexation proposal with Randy Gamier of City of
Bend Fire Department. Mr. Fay communicated to Applicant's agent that the City of Bend
Fire Department and the District would be pleased to annex the subject property into the
District.
Walker: Annexation Application
Page 1 of 4
B. Property Location:
The annexation procedure requires the subject property to be contiguous to the District
boundary and be within five (5) miles of a Bend Fire Station. The subject property meets
both these requirements because it is contiguous to property located in the District
boundary. See Exhibit "I", Tax Lot Map. Applicant's residence is located at 65895 W.
Highway 20, Bend, Oregon 97701 and is located within the District boundary.
Applicant's residence property is adjacent to the subject property.
The subject property consists of one tax lot, Tax Lot 100, of Township 16, Range 11,
Section 16, with 150.00 acres. The property has no water rights and is located near west
Highway 20, adjacent to the dp-Walker Ranch, between Bend and Sisters. Lot 100
borders a road that serves the dp-Walker Ranch, the applicant's personal residence and her
daughter's residence. The road runs generally north/south along the eastern boundary of ' f
the subject property. See Exhibit "2", Road Map, with the road highlighted in yellow.
C. Subdivisions:
The annexation application requires subdivisions be approved and platted. This
requirement is not applicable to the subject property because it is not a subdivision.
D. Site Plan:
The annexation application requires applicant to submit to the Fire Department a site plan
showing all buildings, utilities, septic tanks, drain fields, water supplies, access roads,
gates, fences, cattle guards and bridges. The subject property is currently unimproved and
contains no buildings or structures. It is partially fenced along the southern boundary line
and the west boundary line.
Tax Lot 100 consists of 150.00 acres. The subject property is an unimproved dry parcel
that is vegetated with natural vegetation, including juniper, grasses, and sagebrush, among
other natural species. A few old dirt roads traverse the south end of the property. See e.g.,
Exhibit "2", Road Map. Several old ditches traverse the property at different locations and
in different directions. For example, the old Snow Creek Ditch crosses the property in a
northwest/southeast direction.
Applicant intends to apply for a template dwelling on the subject property this summer.
Deschutes County code requires that a template dwelling application shall include
evidence that the applicant has asked to be included in the nearest fire protection district.
Deschutes County Code § 18.36.070(F)(2) provides:
"F. Fire Protection. Single-family dwellings, caretaker residences
and private accommodations for fishing shall be located upon a
parcel for which fire protection services are available or where
Walker: Annexation Application
Page 2 of 4
alternative protective measures are authorized by DCC
18.36.070(F).
1. For the purposes of DCC 18.36.070 fire protection services
are available if the parcel is located within the boundaries of
a fire
_ protection district or residential fire protection service
is provided by contract, as evidenced by a written signed
contract.
2. If the dwelling or structure is not within a fire protection
district, the applicant shall provide evidence that the
applicant has asked to be included in the nearest such district.
(Emphasis added).
Applicant has not finalized a site plan for the subject property. Future plans include siting a ,
single-family dwelling on the subject property. Access to the subject property will be taken w
from the existing paved driveway that serves Applicant's personal residence.
The single-family dwelling will require a septic tank and drain field. A well will be drilled
on-site. There are no cattle guards or bridges on the subject property. The single-family
dwelling will be sited according to current Deschutes County site plan criteria and template
dwelling standards.
E. Legal Property Description:
Applicant has enclosed a copy of the legal property description. Exhibit "3". The
property's tax lot number is 100. (T16 R11 S16 TL 100.)
The assessed value of the subject property is $95,000. Exhibit 11411, Tax Assessor's
Assessed Value Statement. The assessor's statement does not reflect the reduction in size
from 190 acres to 150 acres. The subject property is currently 150 acres due to a
completed lot line adjustment. Tumalo Irrigation District obtained a 40-acre piece of the
property this past year.
The property is located approximately 5 miles from the nearest Bend Fire Station (Tumalo
location).
A map is included that shows the property location in broader view. Exhibit "5".
F. Access Roadway:
The subject property is accessed from a paved driveway that runs along the boundary line
of the subject property and Applicant's farm. Applicant's entrance road serves as a
driveway to residences located at 65895 W. Highway 20 and 65885 W. Highway 20.
Once the proposed template dwelling is constructed, a driveway will be connected to the
existing access road.
Walker: Annexation Application
Page 3 of 4
The access road is paved with asphalt over a bed of gravel. There are no bridges or
culverts involved. The access road-has an unobstructed-horizontal clearance greater-than
20 feet and an unobstructed vertical clearance of not less than 13.5 feet and includes an all-
weather surface. The access road is relatively level with very little, if any, change in grade.
The photo below shows the access road.
G. Fuel Break:
Applicant agrees to protect any buildings constructed on the property with a primary fuel
break, 30 feet in width.
H. Water:
The subject property has not been irrigated or farmed. The applicant intends to drill a well
on the subject property to provide water for the residence and up to 1/2 acre of domestic
garden plot area, consistent with Oregon Water Resource Department's exempt water use
rules. Also, Applicant intends to improve the land area by removing timber, which is
currently lying on the ground.
1. Zoning:
The subject property is zoned F-1, Forest Use. It is also located within the wildlife area
combining zone. It is designated as F-1 on the Deschutes County Comprehensive Plan.
Applicant will comply with State of Oregon and Deschutes County ordinances for their
zoned property in regards to new construction.
H. CONCLUSION:
The Applicant meets the requirements of annexation for the subject property and respectfully
requests the subject property be annexed into the boundary of the Deschutes County R.F.P.D. #2.
Lori Kliewer, OSB #99070
Of Attorneys for Applicant
Walker: Annexation Application
,!AN-26-2002 MON 03.36 Pn ASSESSORS OFFICE
FAX NO. 541 389 7947
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EXHIBIT 3
A parcel of land located in the East Half (Ei/2) of Section Sixteen (16) of
Township Sixteen (16) South, Range Eleven (11), East of the Willamette Meridian,
Deschutes County, Oregon, as shown on the attached exhibit and fully described as
follows:
The East Half of the Northeast Quarter (Ei/2 NE1/4) together with the North Half of
the Southeast Quarter (N112 SE1/4). Excluding the Southeast Quarter of the
Northeast Quarter of the Southeast Quarter (SE1/4 NE1/4 SE1/4) of said Section 16.
DISCLAIMER AND LIMITATION OF LIABILITY
Page 1 of 1
Information on the Deschutes County Computer is not guaranteed to be accurate
and may contain errors and omissions. Deschutes County provides NO WARRANTY
AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY
INFORMATION. Original records may differ from computer entries. If reliance
upon computer record is intended, verification of information on source
documents is required. User expressly acknowledges and agrees that the use
of any information appearing on the.Deschutes County Computer is at User's
sole risk. Deschutes County shall not be liable for any direct, indirect,
incidental, or consequential damages caused by mistakes, omissions,
deletions, errors, defects, in any information, or any failure or delays in
receiving information.
Serial: 150777 Acct: R 2-006 161116 00 00100
WALKER,MARIANNE MAY TRUSTEE
MARIANNE M WALKER REVOCABLE LIVING TRUST App
65895 W HWY 20
BEND OR 97701
Site Address: 65900 HWY 20 BEND 97701
Prop C1s:990 MA:6 VA:18 Vol-Page:2001-48542
Asmt Zone:F CDD Zone:Fl (FOREST USE)
It :WA (WILDLIFE AREA COMBINING ZONE)
N O N
- A S S E S S
A B L E
Land Values
ASMT TYPE
ACRES
R.M.V
S.A.V.
RT
190.00
95,000
0
--------2002--------
--------2001--------
Total
Taxable
Total
Taxable
RMV
A.V.
RMV
A. V:7'
LND:
95,000
Factor Book: Land: 1994
Appraisal Year: Land: 1994
NO TAX ROLL RECORD
---------2000--------
Total Taxable
RMV A.V.
95,000
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EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, the Walker Annexation, to
Deschutes County Rural Fire Protection District #2 will be held on May 22, 2002,
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.
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 Bonnie Baker at 541-388-6572. For
hearing impaired, call TDD 541-385-3203.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
To be published in The Bulletin: 5/6/02 & 5/15/02
To be posted: 5/6/02
PAGE 1 OF 3 - EXHIBIT "B" - ORDER 2002-073 (05/01//02)
SALEGAL\SPECIAL DISTRICTSMALKER ANNEXATION\HEARMG NOTICE.DOC
EXHIBIT 3
A parcel of land located in the East Half (Ei/2) of Section Sixteen (16) of
Township Sixteen (16) South,'Range Eleven (11), East of the Willamette Meridian,
Deschutes County, Oregon, as shown on the attached exhibit and fully described as
follows:
The East Half of the Northeast Quarter (El/2 NE1/4) together with the North Half of
the Southeast Quarter (N1/2 SE1/4). Excluding the Southeast Quarter of the
Northeast Quarter of the Southeast Quarter (SE1/4 NE1/4 SE1/4) of said section 16.
Exhibit A