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2004-1065-Order No. 2004-070 Recorded 8/10/2004REV WED NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1004.1065 COMMISSIONERS' JOURNAL 08/10/2004 04.12.02 PM LEGAL COUNSEL II II IIII (1111 111111 OIIIIII Z0-30B BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition and Setting Date For Public Hearing for Petition filed for the Cascade Highlands LLC Annexation into * ORDER NO. 2004-070 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 August 3, 2004; 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 September 8, 2004; 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, September 8, 2004, at 10:00 a.m. at 1300 NW Wall Street, First Floor 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 17, 2004, and August 31, 2004, and posted on August 17, 2004, 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. 2004-070 (08/09/04) Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to September 8, 2004 (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 9th of August, 2004. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Y, DE IS R. LUKE, COMMISSIONER ATTEST: lm~ -F&~ - - - Recording Secretary TOM DEWOLF, COMMISSIONER PAGE 2 OF 2 - ORDER NO. 2004-070 (08/09/04) Jun.11. 2004 5:13AM BFD Training PETITION TO ANNEX PROPERTY TO D RURAL FIRE PROTECTION DISTRI To: The Board of County Commissioners Deschutes County, Oregon No. 0389 P. 2 ~D JUL 1 4 LEGALCODUSEL The undersigned, in support of this Petition, state as follows: V. • - ' - 1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955 2. This annexation Petition affects only Deschutes County and Deschutes County Rural Fire Protection District #2 (DCRFPD #2) 3. The principal act for DCRFPD #2 is ORS 478.11-01, et seq. 4. The territory that is subject to this petition for annexation is primarily un-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 _L6 day of June 5. It is requested that the proceedings be taken for the annexation of said territory to Deschutes County Rural Fire Protection District #2, Deschutes County, Oregon. A description of the boundaries of the territory to be annexed is attached hereto and marked Fxlnbit «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. Q Dated this' 1 n a day of QUAL LA NAME Cascade Highlands LLC C/O Williams & Dame Development.Co., Inc. ADDRESS-1325 N. W. Flanders ;0- ----(5 03) 227-6521 PHONE Approved by the B° d o directors of Deschutes County Rural Fire Protection District #2 this 1-344N~y of J Approved by City of Bender C Board of Directors DCRFPD #2 By: By EXHIBIT PAGE .'un. 11. 2004 5:13AM BFD Training V • A N~ W U ii r•~v VQ U 1••7 A c~ W 4 z e I I I I l I + ~ I I I O~ fA y 0 0 s.~ N1 u 0 ~ ~ O y O O w C: S. Im y H 47 O U > a 6i O ~ ~ R O ~ R 1-N > s : a a , a a , y Vf , Q C b v y t 1 ~ . q O U N z C7 N H s 'H W ~ N z ~ E%NI U No. 0389 P. 3 'z7 c~ w 0 0 'O S L n ~ I Y j r 4 E e ~ 'fl •vp , .Y X •N g 3 I z co co CO CN ¢ZCLU n wtn0 C[ co -j z 4 w Q3mZ tc -J CL Co K ua rLo W, OV¢- Z Z0 Fj UuI 0 •a° C a u 3 ~ Y ~ s O ~a y C Y W 00 a o V 0. ~ ppFV Z~ e C c _t~ N V IT _A___TAGE r 5/ta/ SECURITY DEPOSIT _ °?S )9&77S I FOR SPECIAL WSTRICT FORMATION OR REGXGANIZATION l ❑ FORMATION Q ANNEXATION ❑ WMiDRAWAL ❑ DISSOLUTION District No. of predncts in district ® $ per precinct = $ (maximum of $10,000) WW deposit PERSONS/ORGANIZATIONS PROVIDING ANY PART OF 1. NAIVE WRRgTk' a S r a d F' A i h 1 a n d s L.L C SIGNATURE RESIDENCE ADDRESS - MAIIING ADDRESS (IF DST) 1325 NW Flanders CTTY,STATE,ZIPCODE Pgrt74;+d, OR 97209 AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUMON:* ® CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 2 'NAMB (PRINT) Si(WA (JW RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ omm SECURITY DEPOSIT 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF D ENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* 0 CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT CHIEF PETITIONERS I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of district exceed the deposit, I/we will pay to the cmmtyy ~ b the amount of the excess casts (ORS 198975)- 1. NAME (PRINT) s a c r a d A N i a h 7 a n A c L L C SIGNATURE RESIDENCE ADDRESS DATE MALTING ADDRESS (IF DIFFERENT) 1325 NW Flanders CITY, STATB, ZIP CODE Port 1 a n d, oR . 9 7 2 o 9 DAY TELEPHONE 2 NAM MISM SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS CT DIFJ~ QTY, STATE, ZIP CODE DAY TELEPHONE 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DT]=7=FIF ) CITY, STATE, ZIP CODE DAY TELEPHONE -Pm,ride ad&dorW degaiptioa of awwrity deposit on: -m or qua shears Additional eantrti E XH T1 ba ' on to sE and attached EXHIBIT ~aGF 0s-Jun.3. 2004 4;34AM,W Bc" Training T-72 N 00 3 71/002 1. x_-2/2 ' ' Nt - . , 9~ T aid s - Q ~ ~ drrsr ~ - y 90 I[~ 4. ~ 8 3 ~ = r 3 stir f t I -all I I I -------+--+--t- o m r~ ; 10 I I L wr tie O ~ I ZO ~ ' e YZ Y% t^ --r- I ~j A. yYp~~j~~gsl~~o j Vr~ EXHIBIT ~_PAGE 07-Z7-1004 05:36 From-W & H PACIFIC Post-it" Fax Note 7671 Care 7.z7;dy Poo~~ Z To OL$ eKoLuSa.{ From 7-©M CaJDep(. Co. Phone # Phone # Fax # Farz # m- w. 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EXHIBIT PAGE Exhibit A Legal Description Cascade Highlands resort property May 28, 2004 All that portion of land in the west half of Section 1, in the east half of Section 2, in the east half of Section 11, and in Section 12; Township 18 South, Range 11 East, and in the Southwest Quarter of Section 36, Township 17 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: All that portion of Tract `C' of Highlands at Broken Top, Phase 2, lying easterly of the following described line: Commencing at the East 1/16 corner of said Section 11; Thence South 88°54' 12" West 50.99 feet along the north line of the northeast quarter of said section 11 to the point of beginning; Thence North 10°12'48" East 514.46 feet; Thence South 88°37'49" East 50.14 feet; Thence North 1'02'4 1 " West 403.55 feet; Thence North 65°59'00" East 1415.19 feet; Thence along the arc of a non-tangent 2986.00 foot radius curve to the right, through a central angle of 14°29'55", an are length of 755.60 feet to a point of reverse curve, the chord of which bears North 26°33'47" West, 753.58 feet; Thence along the arc of a 2040.00 foot radius curve to the left, through a central angle of 29°17'56", an are length of 1043.18 feet to a point of reverse curve, the chord of which bears North 33°57'47" West, 1031.85 feet; Thence along the arc of a 785.00 foot radius curve to the right, through a central angle of 56°11'45", an are length of 769.93 feet, the chord of which bears North 20°30'53" West, 739.44 feet; Thence South 52°37'20" West 54.99 feet to the southerly boundary of Highlands at Broken Top, Phase 1, as per plat recorded in Volume 2003, page 66488 Official Records of said Deschutes County. PROFFSSIQ%AL LP.ND BU iVE-Y li OREGON KEITH PA -:40u T €NO EXHIBIT A... PAGE Aug 03 04 02:52p Ur--r 541-312-4047 p.2 CORPORATE RESOLUTION T.B. Dame, as Owner's Representative of Cascade Highlands LLC, is authorized on behalf of Cascade Highlands LLC, an Oregon limited liability company and Broken Top, Inc., General Partner, to execute documents, including but not limited to, escrow instructions, earnest money agreements, deeds, contracts and security documents for the purpose of consummating sales of any and all lots in all phases and plats of Cascade Highlands LLC in Deschutes County, Oregon. The undersigned as member of Cascade Highlands LLC, an Oregon limited liability company By: Broken Top, Inc., General Partner, hereby certify that the above is a true and accurate copy of a resolution duly passed by the directors of said corporation at a properly held meeting of board of said corporation in accordance with by-laws thereof. Dated this 1 } ay of 2004 Jos . Weston, President o Broken Top, Inc. EXHIBIT A PAGE EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, the Cascade Highlands LLC Annexation, to Deschutes County Rural Fire Protection District #2 will be held on September 8, 2004, at 10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall 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 MICHAEL M. DALY, Chair To be published in The Bulletin: 08/17/04 and 08/31/04 To be posted: 08/17/04 EXHIBIT "B" - ORDER 2004-070 (08/09/04) Exhibit A Legal Description Cascade Highlands resort property May 28, 2004 All that portion of land in the west half of Section 1, in the east half of Section 2, in the east half of Section 11, and in Section 12; Township 18 South, Range 11 East, and in the Southwest Quarter of Section 36, Township 17 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: All that portion of Tract 'C' of Highlands at Broken Top, Phase 2, lying easterly of the following described line: Commencing at the East 1/16 corner of said Section 11; Thence South 88°54'12" West 50.99 feet along the north line of the northeast quarter of said section 11 to the point of beginning; Thence North 10°12'48" East 514.46 feet; Thence South 88°37'49; East 50.14feet; Thence North 1 °02'41" West 403.55 feet; Thence North 65°59'00" East 1415.19 feet; Thence along the arc of a non-tangent 2986.00 foot radius curve to the right, through a central angle of 14°29'55", an arc length of 755.60 feet to a point of reverse curve, the chord of which bears North 26°33'47" West, 753.58 feet; Thence along the arc ofa 2040.00 foot radius curve to the left, through a central angle of 29° 17' 56", an arc length of 1043.18 feet to a point of reverse curve, the chord of which bears North 33°57'47" West, 1031.85 feet; Thence along the arc of a 785.00 foot radius curve to the right, through a central angle of 56°11'45", an arc length of 769.93 feet, the chord of which bears North 20°30'53" West, 739.44 feet; Thence South 52°37'20" West 54.99 feet to the southerly boundary of Highlands at Broken Top, Phase 1, as per plat recorded in Volume 2003, page 66488 Official Records of said Deschutes County. PROFF-GISIONIAL 0. ilzi i_= G!* 0 IM RENEWAL DAM-