2002-1101-Order No. 2002-107 Recorded 8/8/2002DESC
COUNTY OFFICIAL
REVIEWED MARYHSUESPENHOLLOW, COUNTYCLERKVu 2002_1101
COMMISSIONERS' JOURNAL 08IO8I2OOZ OZ;03;49 PM
LEGAL UNSEL
1111111111111111111111111111111 1111
20020011016
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date
For Public Hearing for Petition filed for the * ORDER NO. 2002-111
Kusler Annexation into the Deschutes
County Rural Fire Protection District #2.
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire Protection
District was duly filed with the Board of County Commissioners of Deschutes County on July 19, 2002; a
copy of which 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 time frame is August 28, 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 Tuesday, August
86, 2002 at 10:00 a.m. at 1130 NW Harriman, Board Hearing Room, Bend, Deschutes County, Oregon.
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 August 10, 2002 and August 21, 2002, and posted on August 10, 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.
PAGE 1 OF 2 — ORDER NO. 2002-111 (08/05/02)
$:\LEGAL\SPECIAL DISTRICTS KUSLER ANNEXATION\ORDER 2002-111 - KUSLER ANNEXATION[SET HEARING DATE].DOC
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to August 26, 2002 (hearing date), a land use compatibility
statement regarding this proposed special district annexation as contemplated in ORS 197.175 and
199.462, and any other applicable statutory authority.
Dated this of August 2002
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
TOM
IS R. LUKE, COMMISSIONER
MICfIXEL M. DALY, C MISSIONER
PAGE 2 OF 2 — ORDER NO. 2002-111 (08/05/02)
S:\LEGAL\SPECtALDISTRICTs\KuSLERANNExATiON\ORDER2002-111 - KUSLER ANNEXATION[SET HEARING DATE].DOC
I
ES RECEIVED
USCHUTES GO. LEGOff 1 of the County Clerk
July 31, 2002
Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701
Telephone: (541) 388-6544
Facsimile: (541) 389-6830
Re: Petition for Annexation to Deschutes
County Rural Fire Protection District #2
Kusler Petition
Mary Sue "Susie" Penhollow, County Clerk
I, Mary Sue Penhollow, Deschutes County Clerk, do hereby certify that the
signatures on the attached petition sheets (true copies of the originals) were
verified and that there are 9 valid signatures. This represents 82% of the
registered voters within the area proposed for annexation.
Dated this 31 th day of July, 2002.
ary Sue Penhollow
Deschutes County Clerk
Page 1 of lq_ Exhibit "A"
Quality Services Performed with Pride Order 2002-111 (08/05/02)
�vTE
Q
July 31, 2002
RECEIVED
AUG - 12002
DESCHUTES CO. LEGAL COUNSEL
DESCHUTES COUNTY ASSESSOR
CARTOGRAPHY DEPARTMENT
1340 NW WALL STREET, BEND, OREGON 97701
(541) 388-6507 FAX (541)389-7947 WEB: WWW.DESCHUTES.ORG
Laurie Craghead
County Counsel
Re: RFPD#2 Annex (Kusler)
Laurie:
Attached please find an acreage summary and map for the proposed annexation to
RFPD#2. The acreages only include assessed properties and do not include road or non -
assessable areas.
Please call me if you have any questions.
Sincerely,
reg y ates,
Chi ographer
Deschutes County
Page 2 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
PROPOSED ANNEX TO RFPD# 2 (KUSLER)
ACREAGE SUMMARY: SIGNED NOT SIGNED
181300
201
20.00
181300
202
40.00
181300
203
49.05
18 13 00
204
41.04
181300
205
20.00
181324
100
134.09
181324
301
5.00
181324
302
27.17
181324
303
5.00
181324
400
STATE
OF OREGON
18 13 24
500
4.29
18 13 24
600
12.81
181324
700
59.59
181324
800
17.62
181324
900
5.00
181324
1000
10.00
181324
1100
5.00
181324
1200
9.35
TOTAL
279..47 (60%)
185.54 (40%)
DISTRICT ANNEX TOTAL
465.01 ACRES
Page 3 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
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Order 2002-111 (08/05/02)
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Order 2002-111 (08/05/02)
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RECEIVED
Z1'1 i
E Office of the County Clerk
DESCHUTES 01
-
1 t: ,
Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701
Telephone: (541) 388-6544
Facsimile: (541) 389-6830
Mary Sue "Susie" Penhollow, County Clerk
July 29, 2002
C ��
To: Laura Craghead, Assistant Legal Counsel
From: Susie Penhollow, County Clerk
Re: Petition to Annex Property to Deschutes County Rural
Fire Protection District #2
(Milbert & Ethel Kusler)
Attached is the original certification I received from the assessor's office for ownership
verification on the Kusler annexation petition.
If you need any further information, please let me know.
Thanks!
Quality Services Performed with Pride Page 5 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
s DESCHUTES COUNTY ASSESSOR
CARTOGRAPHY DEPARTMENT
1340 NW WALL STREET, BEND, OREGON 97701
(541) 388-6507 FAX (541)389-7947 WEB: WWW.DESCHUTES.ORG
July 26, 2002
Susie Penhollow
Deschutes County Clerk
Re: Kusler Petition to Annex Property to
Rural Fire Protection District #2
Please be advised that the attached petition does meet the provisions of ORS 198.
Sincerely,
rego es,
Chie art grapher
Des u County
Page 6 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
0
ES f-,
2�A Office of the County Clerk
Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701
Telephone: (541) 388-6544
Facsimile: (541) 389-6830
Mary Sue "Susie" Penhollow, County Clerk
July 25, 2002
To: Greg Bates, Deschutes County Assessor's Office
From: Susie Penhollow, Deschutes County Clerk ,
Re: Kusler Petition to Annex Property to
Rural Fire Protection District #2
Attached is a copy of the Milbert and Ethel Kusler petition for annexation of
property to RFPD #2.
Please verify that the persons who signed the petitiions are landowners in
the area proposed for annexation. ORS 198.760 lists the requirements for
signers of petitions.
When your certification is complete, please return it to me.
Thanks for your help!
Quality Services Performed with Pride
Page 7 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
PETITION TO ANNEX PROPERTY TO -
RURAL FIRE PROTECTION DISTRICT #2 RECEIVED
J U L 19'2002
DESCHUTES CO. LEGAL COUNSEL
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
47he 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 5: day of /1'1_4J 1. �242U
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 -5- day ofyyj-�
eJ,
NAME: w -& , kl Us�.�il-�
ADDRESS: _� � 27 7
POS /307( 7o2�f
/3k,-0 72720
PHONE:
NAME: bjz�k (�-, LvSk-Q-�
ADDRESS: -A3 l
_/' o ,60 x
?off jF /3 b, d o Lf- 70-2-
PRONE: / - 3
Approved by the Board of Directors of Deschutes County Rural Fire Protection District #2.this [� �-
day of Tu & agy -9
Approved by City of Bend Board of Directors
ural Fire Prot ti,
By: By.
Page 8 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
�:7+ SECURITY DEPOSIT ORS 19&7/s
REV. 5/14/93
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
❑ FORMATION ANNEXATION ❑ WITHDRAWAL ❑ DISSOLUTION
District
No. of precincts in district ® $ per precinct = $ total deposit (maximum of $10,000)
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT
1. NAME (PRNT) 01\\2'RX`i- G ,��u�s�2;tJ SIGNATURE 'S •�� D� Q �'. K� low
RESIDENCE ADDRESS '
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, 21F CODE �`•
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSTT
KND OF CONTRIBUTION:' [—CASH ❑ BOND ❑ ER OTHSECURITY DEPOSIT
2. 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
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
ereby de re if the c is of the attempted formation,xati , withdrawal, or dissolution of
district exceed the deposit, I/Qe rill pay to the county treasurer
the amount of the excess costs (ORS 198.775). ,
1. NAME (PRINT)Z ; Jva E L y, F.10y- SIGNATURE
RESIDENCE ADDRESS -7 Rt DATE V -
MAITJNG ADDRESS (IF DIFFERENT) d 9nx -104,4
CITY, STATE, ZIP CODE QAn A Q& 41`)d� -1 oz -4 DAY TELEPHONE s y I - --W9 - I =1
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DIFFERENT)
CTTY, STATE, ZIP CODE DAY TELEPHONE
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DENT)
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.
Page 9 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
JIAY-,l5-2002 WED 12:41 PM ASSESSORS OFF 1GE MA Nu b41 MU ra41 r. ue
Situate in the Coulity of Deschutes, State of Oregon and being All that certain
Northeast'/ of Section 23 and the West half of Section 24, T18S, R13E, described as
follows:
Beginning at the North Quarter corner of Section 23, T18S, K13E;
Thence, in an h:asterly direction along the north line of Section 239 2640 feet, more
or less, to the Northeast corner thereof, being also the Northwest corner of Section
24, T18S,1t13E;
Thence, continuing in an Fasteriy direction along the north line of Section 24,2 . 640
feet, more or less, to the North'/. corner thereof;
Thence, in a Southerly direction Along the North-South centerline of sold Section 24,
5280 feet, more or less, to the Soutll'/4 corner thereof;
Thence, Westerly along the south line or Section 24, 2640 feet, more or less, to the
Soutltiwcst corner thereof, tieing also the southeast corner of Section 23;
Whence, ill a northerly direction along the line between Sections 23 and 24,2640 feet,
more or less, to the East'/ corner of Section 23;
Thence, in a Westerly direction along the East-West centerline of Section 23,
2646.89 feet, more or less to the center'/ corner thereof;
Thence, Northerly along the North-South centerline of Section 23, 2647,64 feet,
more or less, to the point of beginning.
Page 10 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
MAY -15-2002 WED 12:42 PM ASSESSORS OFFICE FAX NO. 541 389 7947 P, 03
AREA OF PROPOSED ANNEXATION TO RI'PD# 2
(PER REQUEST OF ETHEL KUSLER 5-15-02)
'VA oe1is0
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Page 11 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
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Page 14 of 14- Exhibit "A"
Order 2002-111 (08/05/02)
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, the Kusler Annexation, to
Deschutes County Rural Fire Protection District #2 will be held on August 26,
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: 8/10/02 and 8/21/02
To be posted: 8/10/02
PAGE 1 of 1 - EXHIBIT `B" - ORDER 2002-111 (08/05/02)
S:\LEGAL\SPE0AL DISTRICTS\KUSLER ANNEXATION\HEARING NOTICE.DOC