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2004-1178-Order No. 2004-074 Recorded 9/8/2004REVIEWED LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK CJ 2004.1178 COMMISSIONERS' JOURNAL „1111„ 111 ■il oil 09/08/2004 05;00;06 PM 2004-1178 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Annexation of Cascade Highlands LLC Annexation Territory * ORDER NO. 2004-074 into Rural Fire Protection District No. 2. WHEREAS, a petition requesting annexation of territory into Rural Fire Protection District No. 2 was duly filed with the Board of County Commissioners of Deschutes County on August 8, 2004; and, WHEREAS, the Deschutes County Assessor's Office has verified that the annexation petition was signed by the the real property owner within the areas to be annexed; and WHEREAS, a public hearing was held on September 8, 2004, 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 Rural Fire Protection District No. 2; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Cascade Highlands LLC petition for annexation into Rural Fire Protection District No. 2 attached to and referenced in Order No. 2004-070 is hereby incorporated by reference and is approved. Section 2. That the boundaries of the territory annexed to the said district are as set forth in Exhibit "A" and depicted on the map marked Exhibit "B" of the Cascade Highlands LLC petition and as set forth, and shall be known as the "Cascade Highlands LLC Annexation." Section 3. That the applicable land use criteria pertinent to the proposed Annexations, the facts found by the Board and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit "C," attached to the petition hereto and by this reference incorporated herein. Section 4. That the territory included in the Cascade Highlands LLC Annexation is declared to be annexed into Rural Fire Protection District No. 2 as of the date of this Order. Section 5. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office, Deschutes County 911 County Service District and Rural Fire Protection District No. 2. Page 1 of 2 - ORDER NO. 2004-074 (09/08/04) Section 6. The purpose of this District is to provide fire protection services within the District. DATED this 8th day of September, 2004. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Y, ATTEST: Recording Secretary DE IS R. LUKE, Commissioner a- TOM DeWOLF, Commissioner Page 2 of 2 - ORDER NO. 2004-074 (09/08/04) 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 comer 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 °02'41" 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 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 Broken Top, Phase 1, as per plat recorded in of said Deschutes County. o the southerly boundary of Highlands at Volume 2003, page 66488 Official Records PROFESQIO14 L XaAO~D EXHIBIT "A" - ORDER 2004-074 (09/08/04) 0,Z i G 0 N JUN, C- 1, 19faB KEITH S. DAGO$TINO AleNEWIAL DATE; Iz-3~-os EXHIBIT "B" s! m ..It L4 Q. ~n Wm Q y 3,2 i~ S2SO ~BoS W- e W W ~eo,s8 D .N gls $CC Vill rr) rr, 4 ^i I J j 0 W U = I 2 _J a^ , I m ~ I- ~ g 9 •L U7 % w~ tir -off W 2m Q Q ~w V¢ as y~W 6M H i..~J xN ~V nd ~vp N ~2 WS Lax f a i I 2 J wr• c- -r" I►.i_ i _ I E N G ti ai a+.w ■ I W a W i!i i 1 N :i - ,f_ uj w IY ~ i T5.:1 n; ~ N a S ~~~~e W S - v a y~ I Sa i R ~ t~ I $ I 1 ` sf W J lK I " L n O D ~ R N I I I V N a n 9 N W m e ti N W = r AV r," M"r ~ N W q N M n Yi s m a 7H yW~ W _ • IL N W - W - N m N - e I I I _ I I N o a` s N fn e I" N a N J --T--T--T~~+ T--'T--T-- T~~T--r-- _ ro ---t- N~ 01 W al ..6 # xsd # euo4d EXHIBIT "B° - ORDER 2004-074 Btl-d ZOO/ l00'd 85E-1 M17 7M4 W 0~ W o~~ J~O: 2 ~ r-d Jh4-[2 area LL9L m M N n7oyl~ S34 Dl a;°N XP J 4IdlOVd H I M-WOJd 9E:90 g00Z-1Z-10 m i CL W~ W k1 u ' r I 1 m S?d ~u4 V ~F bdmr WL vF R 2 O ui v% 61-C w m EXHIBIT "B" 21 a .s i W - 46 N ~ SUM) ; C s u ~ O1 ~ 8 W ~ ~s ds N It al L - W_ t 2: 4 Igo 1 A ' y r o L--- a i I .19 I 4VI I ~ I. I 8 IR o ti e' S i co N C-t- ° I • f ' • I I ~ ~ ~@ ~ ~ ; r -l ^f j AJ 1 fs ~ ; T ` T ~ + i - ~ . - I p • QAI 0 n~ v ExHIBIT "B" - ORDER 2004-074 (09/08/04) OJT ES c0 0 `4 A A x EXHIBIT "C" Community Development Department Planning Division Building Safety Division Environmental Health Division 'SRI T 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 DATE: August 13, 2004 http://www.co.deschutes.orus/cdd/ MEMORANDUM TO: Laurie Kendall, Legal Assistant, County Legal Counsel FROM: Paul Blikstad, Associate Planner RE: Annexation to Deschutes County Rural Fire Protection District #2; Cascade Highlands Annexation, Your file no. 16-597 The Cascade Highlands property is located within the Urban Reserve Area for Bend. The Bend Area General Plan. This reserve area is set aside for future urban development. Fire protection for this area is recognized as an important part of both existing and future development. It is clear that the ability to acquire fire protection is a valuable public resource. Staff finds that the proposed annexation to the Deschutes County Rural Fire Protection District #2 is consistent with the Bend Area General Plan and Statewide Planning Goals. EXHIBIT "C - ORDER 2004-074 (09/08/04) Quality Services Performed with Pride