2003-833-Order No. 2003-054 Recorded 5/6/2003REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
Illilllll IIIIIIIIIIIII IIII I I II
I III
2003-000833
CLERKDS V 2003.833
05/06/2003 03;38;19 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date
For Public Hearing for Petition filed for the
Jeff Kuk Annexation into the Deschutes * ORDER NO. 2003-054
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 April 23, 2003;
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 June 4, 2003; 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 # 2, 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, June
4, 2003 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 May 18, 2003 and May 28, 2003, and posted on May 18, 2003, 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. 2003-054 (05/07/03)
S:\LEGAL\SPECIAL DISTRICTS\KUK ANNEXATION\ORDER 2003-054 KUK 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 June 2, 2003 (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 May, 2003
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR 4
TOM WOL , COMM SI NER
ATTEST:
Ilk,
Recording Secretary M AEL M. DALY, OMMISSIONER
PAGE 2 OF 2 - ORDER NO. 2003-054 (05/07/03)
S:\LEGAUSPECIAL DISTRICTS\KUK ANNEXATION\ORDER 2003-054 KUK ANNEXATION [SET HEARING DATE].DOC
PETITION TO ANNEX PROPERTY TO
RURAL FIRE PROTECTION DISTRICT 42
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 o posiie their respective signatures, and that all signatures were
obtained on or after the ,e day of 3
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 ~ I day of ,
q,,J/
NAME: 1 NAME
ADDRES O /11V 6URt/ St ADDRESS:
h d. ~z y'776
PHONE: 1) Y.5'--1566 PHONE:
Approve b the Board f irectors of Deschutes County Rural. Fire Protection District #2.this _
day of Q~3
Approved by City of Bend Board of Directors
Rural Fire Pr ection D' 'ct
By: B
!(v F6CT
Page 1 of 12 - Ex. "A"
Order 2003-054 (05/07/03)
=;R7°' SECURITY DEPOSIT - -1
M. s/t./93 oiu 19M
FOR SPECIAL iSTRICT FORMATION OR RE(,&ANIZATION ~(ZD
❑ FORMATION --~O ANNEXATION ❑AWITHDRAWAL ❑ DISSOLUTION
P-c.s
~se
4-e~ ,jn'~ District=:: Z.
(maximum of $10,000)
No. of.precincts in district ® $ per precinct = $ deposit
total
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT
1. NAME (PRINT) 13 o bb L1-- ~y' off- SIGNATURE
RESIDENCE ADDRESS 132 2- IJ I-K +An Bz:^ 0-a- 77 a ~
MAILING ADDRESS (IF D r) 4S 2
CITY, STATE, ZIP CODE - o T CX' ~"110
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
1QND OF CONTRIBUTION:* CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
2. NAME (PRINT) SIGNAL 0T<
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTIOW ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF Dom)
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 attempte formation, annexation, withdr wal, or dissolution of
'ct exceed the deposit, I/we will y to the county treasurer
the amount of the excess costs (ORS 198.775).
1. NAME (PRINT) o bb tom.. SIGNATU
RESIDENCE ADDRESS Sa,w• C-0 DATE I f;7-1 0
MAIJJNG ADDRESS (IF DDF7PJRUM) l 1
CITY, STATE, ZIP CODE DAY TELEPHONE Sq yS0 3s
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (1111) IFFERENT)
CITY, STATE, ZIP CODE DAY TELEPHONE
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DUTERF..NT)
CTTY, STATE, ZIP CODE DAY TELEPHONE
Trovide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached.
Page 2 of 12 - Ex. "A"
Order 2003-054 (05107/03)
POWER OF AT1L
JEFFREY L. f=
To
BOBBIE STROME
- - - - - -
-
Ahn fewdeg, rMum to (Nams, Addrm, Ziplc
STS' ~ F OREGON,
14wry of ss.
I certify that the within Instrument w
received for recording on
at o'clock and recorded
book/reel/volume No. on page
SPACEREaEHVED and/or as fee/file/instrument/microfilm/recepik
FOR No. Records of this County.
HECOHDE M USE
Witness my hand and seal of County atI cc
By
Dept
KNOW ALL BY THESE PRESENTS that I, JEFFREY L • _KUK
have made, constituted and appointed and by these presents do make constitute and appoint
§dbgIE ST_ROME _
my true and lawful attorney, for me and in my name, place and stead and for my use and benefit, to
SIGN ANY AND ALL DOCUMENTS PERTAINING TO THE ANNEXATION OF BACCHUS COURT
PROPERTY-181316 TL1000 (SEE ATTACHED LEGAL DESCRIPTION) INTO DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #12
AND
SIGN ANY AND ALL DOCUMENTS REQUIRED TO BE SIGNED FOR ANY DESCHUTES COUNTY
DEPARTMENT REQUIRED IN THE COMPLETION OF THE PARTITION THEREOF
i AND
SIGN ANY AND ALL DOCUMENTS REQUIRED FOR THE SITE PLAN REVIEW FOR FUTURE
PROPOSED CONSTRUCTION PER THE CONVENANT, CONDITIONS AND RESTRICTIONS FOR KUK
ESTATES.
giving and granting unto my attorney the full power and authority to do and perform each and every act and thing whatsoeve
requisite and necessary to be done, as fully, to all intents and purposes, as I might or could do if personally present, hereby ratifying
and confirming all that my attorney lawfully does or causes to be done by virtue hereof.
In construin this instrument, and where the context so requires, the singular includes the plural.
DATED
N -r-A -
~s L
STATE OF OREGON, County of ss.
11is instrument was acknowledged be re me on 3w '_2
by KJ !c---
V-P
•.«~+«•~M -
Not ry ublic for
My commission arpiWeter -Gemmell-Smith - J.P.
Justice. of the Peace
!4-VAAAAA
Page 3 of 12 - Ex. "A"
Order 2003-054 (05/07/03)
LEGAL DESCRIPTION - 231 ba & w ( K-141,
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE1/4NE1/4) OF SECTION SIXTEEN
(16), TOWNSHIP EIGHTEEN (18) SOUTH, RANGE THIRTEEN (13), EAST OF THE
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON.
Page 4 of 12 - Ex. "A'
Order 2003-054 (05/07/03)
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Order 2003-054 (05/07/03)
Legal Description -Ward Road (Nibler)
In township eighteen (18) south, range thirteen (13) east of the Willamette
Meridian, Deschutes County, Oregon: Section 16: The East one-half (1/2) of the
Northeast Quarter (NE 1/4) of the Northeast (NE 1/4).
Page 6 of 12 - Ex. "A"
Order 2003-054 (05/07/03)
JAN-22-2003 11:26
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Account No. 16 13 16 00 00101
This property is free of liens and encumbrances, EXCEPT: Covenants, conditions, restrictions
and easements of record.
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At*IE W TLE
ASS ANLit sz-isoce*
STATUTORY WARRANTY DEED
s
P.02
265.2228
LEON-B. UNCAR
Greotor,
coo aad warrants ro DAVID NIBLER and KIMBERLY DAWN NIBLER husband and wife and JOHN E.
t(!A7 R Grantee,
the following described real property free of Gcas and encumbrances, except as specifically set forth herein:
IN TOWNSHIP EIGHTEEN (18) SOUTH, RANGE THIRTEEN (13) EAST OF THE WILLAMETTE
MERIDIAN, Deschutes County, Oregon: Section 16: The East: one-half (1/2) of the
Northeast Quarter (NE 1/4) of the Northeast (NE 1/4).
THIS IIMRUMFNr WILL. NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
ViOI A'nON OF APPUCABL.E LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEP'T'ING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE T171.E TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
The true consideration for this conveyance is S 2 S ODO 00 (Here comply with the ,egSi,ements of ORS 93.M)
Dated this_ rj day of 192.2
LEON B. UNGAR
STATE OF%)gZ*&" CALIFORNIA
County Of LC6 ANGELES } ss.
BE IT RE LEMSERED, That on Otis 11TH day o/ F4AY I9-92_ , before me, the
undosipwd, a Notmy Pub& in and for said County and State, personally appeared the within named
!EON B UNGAR
brown to me to be the idn cal indlvid tal iftdtscribed in and who erewed the within insuument and aclotow/edged to
me that HE erecured the same freely and voluntarily.
. IN TES77,MONY WHEREOF, I have hereunto set my hand and af(tred my official sea/ the day and year tits( above
written
SEAL I/ /1 ) 7
.tr,aL Vtr~'VY f~'~V l~y~
KIh
fjolp-qy 4F~narC FQFW FF rl NotagPubficfor~tXcCaliforn ia
-ai LOS ANGELES COUNTY
MY EplatSSiOH I:X MyContmissionerpirps SFPTEYYLER 22, 7965
• •WIE3
SEpTEMBFR 22, 1995
FIRS!
AMERICAN T(TL
Of DESCHU?ES COUt
Tale Order No. 12wtk
Escrow No. 125074
Aftar recordutg return b:
DAVID NIBLER
24772 SAN VINCENT
MISSION VIEJO. CA 92691
Name, Address, Z?
Lkrm a b rpueated cell tax atatenenb Shan be Sam
b f7ra fMMn address.
lA~~ I?
24772 SAN VINCENT
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Order 2003-054 (05/07/03)
EXHIBIT "A"
Name: ~ .~.-F -f re..y ~ • k ~ ~
Address: 23 I'M b c-c4-l,,o Lj / O CL ? 7 7 o Z
Tax Lot NumbepTA-1 tp 3 (e o o TC; 00 cD
Property described as: Etis o-F -hM- LJ ► l 16-4, 4 -tb V, k (I
Go vn, 1 DJLS C, /
lot
Page 11 of 12 - Ex. "A"
Order 2003-054 (05/07/03)
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Page 12 of 12 - Ex. "A"
Order 2003-054 (05/07/03)
EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, the Kuk Annexation, to
Deschutes County Rural Fire Protection District #2 will be held on June 4, 2003,
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
DENNIS R. LUKE, Chair
To be published in The Bulletin: 5/18/03 and 5/28/03
To be posted: 5/18/03
PAGE 1 OF 1- EXHIBIT "B" - ORDER 2003-054 (05/07/03)
SALEGAL\SPECIAL DISTRICTS\KUK ANNEXATION\HEARWG NOTICE.DOC