2004-90-Order No. 2004-005 Recorded 1/28/2004REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS 1004~~0
NANCY BLANKENSHIP, COUNTY CLERK CJ 1n1 V Tai
COMMISSIONERS' JOURNAL Atli PM
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011691AV04 041 ,
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving a Petition for
Annexation of Territory to Deschutes River * ORDER NO. 2004-005
Homesites, Unit 6, Parts I and II No Shooting
*
District.
WHEREAS, a petition requesting annexation of certain territory to a restricted area pursuant to
Deschutes County Code (DCC) section 9.08, referred to as the "Deschutes River Homesites, Unit 6, Parts I and
11, No Shooting District filed with the County and submitted to the Board of County Commissioners, a copy of
which petition is attached hereto as Exhibit 1 and by this reference is incorporated herein; and
WHEREAS, the Deschutes County Assessor has verified that the no shooting district annexation
petition was signed by no less than 100 percent of the owners of the contiguous lots included within the
proposed annexed area; and
WHEREAS, the Board of County Commissioners accepted the petition in Order No. 2004-002 on
January 14, 2004; and
WHEREAS, after notice was provided in accordance with ORS 198.800 (2) and DCC 9.08.080, a public
hearing was held January 28, 2004, to hear the petition and any objections thereto and to determine whether or
not the area petitioned should be annexed pursuant to the Chapter 9.08 of the Deschutes County Code; and
WHEREAS, after considering the petition, and all arguments submitted in favor of and in opposition to
the petition presented during the public hearing; and
WHEREAS, testimony was presented at the hearing before the Board that property owners, their guests
or their tenants have been hit by firearm debris, experiencing unwanted firearm debris landing on their property,
disturbances from the extreme noise resulting from the discharging of firearms and people trespassing on the
properties in the proposed district in order to retrieve wildlife hunted and killed; and
WHEREAS, this evidence demonstrates a public safety hazard and disturbance of the peace in this area;
thus, the area petitioned would benefit by restriction imposed pursuant to Chapter 9.08 of the Deschutes County
Code;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Pursuant to the Deschutes County Code Chapter 9.08, the Board approves the petition to
annex a certain territory to the Deschutes River Recreation Homesites, Unit 6, Parts I and II No Shooting
District, boundaries of the proposed annexed area as described in the petition's Exhibit A and as depicted on the
maps attached as petition's Exhibit B, each exhibit being attached hereto and incorporated by reference herein.
PAGE 1 of 2- ORDER No. 2004- 005(01/28/04)
Section 2. Pursuant to the provisions of Section 9.08.090 of the Deschutes County Code, this order
shall take effect immediately upon signature of this order.
DATED this ~ day of .2004.
ATTEST:
*Uux'~ 1~2A~
Recording Secretary
PAGE 2 of 2- ORDER No. 2004- 005(01/28/04)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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REVIEWED
LEGAL c6uNSEL
EXHIBIT "1"
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PETITION TO ANNEX PROPERTY TO
Deschutes River Recreation Homesites, Unit 6, Parts I and II
No Shooting District
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 the Deschutes River
Recreation Homesites, Unit 6, Parts I and II No Shooting District.
3. The principal act for the Deschutes River Recreation Homesites, Unit 6, Parts I and II is
Deschutes County Code, Chapter 9.08.
4. The territory that is subject to this Petition for Annexation is primaril nhabited 1
uninhabited (circle one). The attached petitions in support of this annexation are signed by land owners
in the territory proposed to be annexed as indicated opposite their respective signature.
5. It is requested that the proceedings be taken for the annexation of said territory to the
Deschutes River Recreation Homesites, Unit 6, Parts I and II, Deschutes County, Oregon. A description
of the boundaries of the territory to be annexed is attached hereto and marked Exhibit "A." A map of the
boundaries of the territory to be annexed is attached hereto and marked Exhibit "B."
6. That said Petition has been signed by 100 percent of the land owners within the territory
proposed to be annexed.
DATED this day of bc!c.&,,n Ge , 2003.
Chief Petitioner:
NAME: JOSEPH KACZMAREK
ADDRESS: 16601 GRAY WOLF LANE, SUNRIVER, OR 97707
PHONE: (541) 593-2263; (541) 408-0003 (Cell)
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EXHIBIT "A"
Parcel 1 (Tax Lot 201035-AO-02800) and Parcel 2 (201035-130-00200):
The South Half of the North Half of the Northwest Quarter of the Northeast Quarter
(Sl/2N1/2NW1/4NE1/4) also known on this date as T.L. 2800 T.M. 20 10 35A Deschutes
County, State of Oregon, and the South Half of the Northeast Quarter of the Northeast Quarter of
the Northwest Quarter (S 1 /2NE 1 /4NE l /4NW 1 /4) of Section 35, Township 20 South, Range 10
E.W.M. Excludin a portion of the Northeast Quarter of the Northwest Quarter (NEl/4NW1/4)
of Section 35, Township 20 South, Range 10 E.W.M. described as follows: Commencing at the
North Quarter corner of said Section 35.; thence South 1 ° 15' West a distance of 660 Ft. to a
point; thence South 89° 33' West a distance of 310 ft. to the true point of beginning of the tract
herein being described; thence continuing South 89° 33' West 270.81 ft. more or less, to the
bank of the Deschutes River; thence Northerly along the East bank of the Deschutes River;
thence Northerly along the East bank of the Deschutes River to a point intersected by a line 180
ft. North of and parallel to the South boundary of the tract herein described; thence 270.81 ft.
more or less, to a point North of the true point of beginning; thence South 180 ft. to the true point
of beginning, this exclusion is also known on this date as T.L. 300, and 400, T.M. 20 10 35B
Deschutes County, State of Oregon,, and starting at the Northwest corner of the Northwest
Quarter of the Northeast Quarter of Section 35, Township 20 South, Range 10 E.W.M.; thence
South on a bearing of South 1 ° 15' West, a distance of 330 ft. to a point of beginning of tract;
thence West on a bearing of South 89° 33' North, a distance of 250 ft.; thence South on a bearing
of South 1 ° 15' West a distance of 135 ft.; thence East on a bearing of South 89° 33' North, 250
ft.; thence North on a bearing of South 1 ° 15' West, a distance of 135 ft., to the point of
beginning, this exclusion is also known on this date as T.L. 201, T.M. 20 10 35B Deschutes
County, State of Oregon, this parcel is also known on this date as T.L. 200, T.M. 20 10 35B
Deschutes County, State of Oregon.
Parcel 3 (Tax Lot 201035-130-00400)
A portion of the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section Thirty-
five (35), Township Twenty (20) South, Range Ten (10) East of the Willamette Meridian,
Deschutes County, Oregon described as follows: Commencing at the North Quarter corner of
said Section 35; thence South 1 ° 15' West. a distance of 660.0 feet to a point; thence South 89°
33' West a distance of 310.0 feet to the true point of beginning of the tract herein being
described; thence continuing South 89° 33' West 270.8 1, more or less, to the East bank of the
Deschutes River; thence Northerly along the East bank of the Deschutes River to a point
intersected by a line 60 feet North of and parallel to the South boundary of the tract herein
described; thence 270 feet, more or less, to a point North of the true point of beginning; thence
South 60 feet to the point of beginning.
Parcel 4 (Tax Lot 20135-130-00300):
A portion of the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section 't'hirty
five (35), Township Twenty (20) South, Range Ten (10) East of the Willamette Meridian,
Deschutes County, Oregon, described as follows: Commencing at the North Quarter corner of
said Section 35; thence South 1 ° 15' West a distance of 600.0 feet to a point; thence South
89° 33' West a distance of 310.0 feet to the true point of beginning of the tract herein being
described; thence continuing South 89° 33' West, 270.81 feet, more or less, to the East bank of
the Deschutes River, being the South boundary of the tract herein being described; thence
Northerly along the East bank of the Deschutes River to a point intersected by a line 120.0 feet
North of and parrallel to the South boundary of the tract herein being described; thence North
i
89° 33' East 270.81 feet, more or less, to a point which is located 120.0 feet North 1 15' East
from the true point of beginning: thence South 10 15' West, 120 feet to the true point of
beginning. Together with an easement over roads located in the South Half of the Northeast
Quarter of the Northeast Quarter of the Northwest Quarter (S 1/2 NE 1/4 NE 1/4 NW 1/4) of
Section 35, Township 20 South, Range 10 east of the Willamette Meridian, Deschutes County,
Oregon.
Parcel 5 (Tax Lot 20135-BO-00201):
Starting at the Northwest corner of the Northwest Quarter of the Northeast Quarter of Section
Thirty-five (35), Township Twenty (20) South, Range Ten (10), E.W.M.; thence South on a
bearing of South 1 ° 15' West, a distance of 330 feet, to point of beginning of tract conveyed;
West on a bearing of South 89° 33' North, a distance of 250 feet thence South on a bearing of
South 1 ° 15' West, a distance of 135 feet, thence East on a bearing of South 89° 33' North, 250
feet; thence North on a bearing of South 1 ° 15' West, a distance of 135 feet, to the point of
beginning, said tract being .77 acres, more or less, and being a part of the Northeast Quarter of
the Northwest Quarter of Section Thirty-five (35), Township Twenty (20) South, Range Ten
(10), E.W.M.
Parcel 6 (Tax Lot 201035-BO-00100)
A tract of land lying in the Northeast Quarter of the Northwest Quarter (NEI/4NW1/4) of.
.Section Thirty-five (35), Township Twenty (20) South, Range Ten (10), East of the Willamette
Meridian, Deschutes County, Oregon, described as follows: Commencing at a 2" pipe marking
the North 1/4 corner of said Section 35 as established by W.W. Hudson in a survey dated
September, 1961; thence South 00° 30' 00" East along the West line of Lot Twelve (12), Block
Eight-four (84), Deschutes River Recreation Homesites Unit 6 Part II, 146.67 feet to the point of
beginning, marked by a 5/8" iron rod; thence continuing South 00° 30'00" East 183.44 feet to a
5/8" iron rod; thence South 89°13'30" West 571.00 feet to a 1" iron pipe as established by W.W.
Hudson in a survey dated September, 1961; thence continuing South 89° 13'30" West 107.69
feet; thence North O 1 ° 12'18" East 26.56 feet; thence North 45° 00'00" East 63.84 feet to a 5/8"
iron rod on the East bank of the Deschutes River; thence continuing North 45° 00'00" East
161.95 feet to a 5/8" iron rod; thence North 89° 17'24" East 517.45 feet to the point of
beginning.
Parcel 7 (Tax Lot 201035-BO-00101)
A tract of land lying in the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of
Section Thirty-five (35), Township Twenty (20) South, Range Ten (10) East of the Willamette
Meridian, Deschutes County, Oregon described as follows: Beginning at a 2" pipe marking the
North Quarter corner of said Section Thirty-five (35) as established by W.W. Hudson in a survey
dated September 1961; thence South 00°30'00" East along the West line of Lot Twelve (12),
Block Eighty-four (84) of Deschutes River Recreation Homesites, Unit 6 Part II, 146.67 feet to a
5/8" iron rod; thence South 89° 17'24" West, 517.45 feet to a 5/8" iron rod; thence South
45°00'00" West, 161.95 feet to a 5/8" iron rod on the East bank of the Deschutes River; thence
continuing South 45°00'00" West, 63.84 feet; thence North 01'12'18" East, 139.69 feet to a 1"
pipe as established by W.W. Hudson in his survey of September 1961; thence continuing North
01 012'18" East, 165.57 feet to a 1" pipe as established by said W.W. Hudson; thence North
89°21' 18" East, 669.41 feet to the point of beginning.
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Proposed Annexation to the
Deschutes River Recreation Homesites
Unit 6 Parts I & II No Shooting District
Proposed Annexation Area
Existing No Shooting District
0 500 1,000 2,000
Feet
November 20, 2003
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NWI/4 SEC.35 T.20S. R.IOE.WM
DESCHUTES COUNTY
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EXHIBIT "B"
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20 10. 35B
PROPOSED ANNEXATION AREA
0 EXISTING NO SHOOTING DISTRICT
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Petition, and certify that I circulated this
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SUBSCRIBED AND SWORN to before me this
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Notary Public for Oregon.,
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AIM DoREEN BLOME'
County of Deschutes ) NOTARY PUBLIC-OREAI
COMMISSION NO. 3746
Slate of Oregon ) ss. MY COMMISSION EXPIRES OEC. 21,
~certlfythat Icirculated this
petition, an every person who signed this petition did so In my
presence.
SUBSCRIBED AND SWORN to before me this
_Ldayof
Notary Public for Oregon 1 ~s
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County of Deschutes )
State of ) as.
on COM.A
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I, ;.d~ ` I circulated this
every person wh signed this petltlon did so In my
presence.
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)MM ED AND SWORN to before me this
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day of Ae.-I ~-CQ
Notary Public for OreMs' ~/2 f -7