2003-1387-Order No. 2003-110 Recorded 11/14/2003COUNTY OFFICIAL
REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKOS C 2003.1387
COMMISSIONERS' JOURNAL 1111412003 01;35;44 PM
LEGAL` COUNSEL 11 111111111111 1111111111111 111
2003-1387
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Annexation of the
Higginbotham Annexation Territory into La Pine
Rural Fire Protection District
ORDER NO.2003-110
WHEREAS, a petition requesting annexation of territory into La Pine Rural Fire Protection District was
duly filed with the Board of County Commissioners of Deschutes County on October 1, 2003; and,
WHEREAS, the Klamath County Assessor's Office has verified that the annexation petition was signed
by 16 real property owners and there are 14 properties located within the area to be annexed but that does not
represent 100% of the landowners in the area proposed to be annexed; and
WHEREAS, the Department of Revenue, upon preliminary review, found the submitted legal
description and maps do not comply with statutory requirements; and
WHEREAS, the following individuals signed the petition as landowners and in fact are not landowners:
Lee and Beatrice Couch, Selina Kephart and Lisa Cox; and
WHEREAS, 100% of the landowners of the property owned by J.E. Yager and for Section 3, Tax Lot
1400 shown on Klamath County Assessor's Map Number 23 10 03C did not sign the petition although they
were included in the original petition; and
WHEREAS, in order to avoid holding an election regarding this annexation in the district, the Yager
and the above listed Section 3, Tax Lot 1400 properties must be deleted; and
WHEREAS, the revised legal description and revised maps must be adopted by the Board of County
Commissioners and are attached as Exhibits "A" and "B"; and
WHEREAS, a public hearing was held on November 12, 2003, 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 La Pine Rural Fire Protection District; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
Section 1. The Higginbotham petition for annexation into La Pine Rural Fire Protection District
attached to and referenced in Order No. 2003-101 is hereby incorporated by reference and is approved.
Section 2. The boundaries of the territory annexed to the said district are as set forth in Exhibit "A" and
depicted on the maps marked Exhibit "B" of the Higginbotham petition and as set forth, and shall be known as
the "Higginbotham Annexation."
Section 3. The applicable land use criteria pertinent to the proposed 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
Page 1 of 2- ORDER NO. 2003-110 (11/12/03)
SALEGAL\SPECIAL DISTRICTS\HIGGINBOTHAM\ORD 2003-110 ANNEX APPROVAL.DOC
applicable land use criteria are described in Exhibit "C" attached to the petition hereto and by this reference
incorporated herein.
Section 4. The territory included in the Higginbotham Annexation is declared to be annexed into the La
Pine Rural Fire Protection District as of the date of this Order.
Section 5. After signature, a copy of this Order shall be forwarded to the Oregon Department of
Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office, Deschutes County
911 County Service District and the La Pine Rural Fire Protection District.
Section 6. The purpose of this District is to provide fire protection services within the District.
Dated this / 7 of November 2003
ATTEST: T~L fl-44~
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTE OUNTY, OREGON
D NNIS R. LUKE, CHAIR
TOM DEWOLF, COMMISSIONER
412
C MI'CI&EL DALY, CO ISSIONER
Page 2 of 2- ORDER NO. 2003-110 (11/12/03)
SALEGAL\SPECIAL DISTRICTS\HIGGINB0THAM\0RD 2003-110 ANNEX APPROVAL.DOC
EXHIBIT A
Legal Description
Higginbotham Annexation
The Southeast 1/4 of the Western 1/2 of Section 3, Township 23 South, Range 10 East, Willamette
Meridian, Klamath County, State of Oregon, excepting the following properties:
Beginning at the South quarter corner common to Sections 3 and 10, Township 23 South, Range 10
East of the Willamette Meridian, thence North 364.00 feet to the Southeast corner of Lot 1, Block 1 of
OLD HOWARD RANCH ESTATES; thence West 1,300.3 feet to a point; thence South 264 feet to the
South line of said Section 3; thence East 1,298.62 feet, more or less to the point of beginning, all
being in Klamath County, Oregon and together with irrigation water adjudicated thereto.
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Community Development Department
Q { Planning Division Building Safety Division • Environmental Health Division
-7,
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 • FAX (541) 385-1764
http://www.co.deschutes.or..us/cdd/
MEMORANDUM
DATE: October 23, 2003
TO: Carol O'Dell, Legal Assistant, County Legal Counsel
FROM: Paul Blikstad, Associate Planner
RE: Annexation to La Pine Rural Fire Protection District; Higginbotham
Annexation, Your file no. 16-526
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 La Pine Rural Fire Protection District is consistent with the
County Comprehensive Plan and Statewide Planning Goals.
Quality Services Performed with Pride EXHIBIT G