2004-1250-Order No. 2004-013 Recorded 9/30/2004REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS r} 2004,1250
NANCY BLANKENSHIP, COUNTY CLERK: 11~~Jd 1
COMMISSIONERS' JOURNAL 09/30/2004 04;55;03 PM
LEGAL COUNSEL II V I II I I I II II IIII) I I VII i I III
2004-12 0
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. 2004-013
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
II, 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 I 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. 2004-012 on
September 8, 2004; and
WHEREAS, after notice was provided in accordance with ORS 198.800 (2) and DCC 9.08.080, a public
hearing was held September 29, 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 to demonstrate 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; 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 11 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 I of 2-BORDER No. 2004- 013409/29/04)
Section 2. Pursuant to the provisions of Section 9.08.090 of the Deschutes County Code, this order
shall take effect immediatepon signature of this order.
DATED this~~ may of , 2004.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
MICHAEL M. DALY, air
-'~S64-t
TOM DEWOLF, Commissioner
DENNIS R. LUKE, Commissioner
PAGE 2 OF 2-ORDER No. 2004- 013 (09129104)
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Office of the County Clerk
~-C
Deschutes Services Bldg., • 1340 N.W. Wall St. + Bend, Oregon 97701
Telephone: (541) 388-6544
Facsimile: (541) 389-6830
Nancy Blankenship, County Clerk
August 23, 2004
To: Deschutes County Community Development Department
From: Nancy Blankenship, Deschutes County ClerKT
Re: Petition to Annex property to Deschutes River Recreation
Homesites, Unit 6, Parts I and II, No Shooting District
Clerk's Certification
Attached is the certification I received from the assessor's office for
ownership verification on the Deschutes River Recreation Homesites,
Unit 6, Parts I and II, No Shooting District annexation petition.
Thank you!
Quality Services Performed with Pride
w~
-V E S
August 20, 2004
Assessor's Office
Scot Langton, Assessor
-7
t\
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6508 - Fax (541) 3304629
www.co.,deschutes.or.us
Nancy Blankenship
Deschutes County Clerk
1300 NW Wall Street
Suite 200
Bend, OR 97701-1960
Re: Petition for Annexation to Deschutes River Recreation Homesites, Unit 6, Parts I and H, No
Shooting District
Please be advised that the attached petition does meet the provisions of ORS 198.
Sincerely,
regory tes,
`"Chief art grapher
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Desc to ounty, OR
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0 Nancy Blankenship, County Clerk
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
Fax (541) 383-4424
Recording (541) 3BB-6549
August 16 2UU4 Elections (541) 3BM547
www.co.deschutes.or.us
To: Greg Bates, Deschutes County Assessor's office
From: Nancy Blankenship, Deschutes County Clerk
Re: Petition for Annexation to Deschutes River Recreation
Homesites, Unit 6, Parts I and II, No Shooting District
Attached is a copy of the Regan Olson petition submitted to annex to the
Deschutes River Recreation Homesites, Unit 6, Parts I and H, No Shooting
District.
Please verify that the persons who signed the petitions are landowners in the
area proposed for annexation. I will need a certification pursuant to ORS
198.755 and 198.765. Please return your certificate to my office. Thank
you!
REVIEWED
LEG COUNSEL
0 C d 3~U°
04 AUG 16 PM 3: 03.
For Recording Sta' m- n G),lv_
COUNTY CILFRK
PETITION TO ANNEX PROPERTY TO
Deschutes River Recreation Homesites, Unit 6, Parts I and H
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 abite
'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 tL day of 2004.
Chief Petitioner:
NAME: REGAN OLSON.
ADDRESS: 54845 RED FOX LANE, BEND, OREGON 97707
PHONE: (541) 536-8069
EXHIBIT "A"
Parcel 1 (Tax Lot 2010340003805):
A track-of land-in the Southeast Quarter of the Southeast Quarter of Section Thirty-four (34),
Township Twenty (20) South, Range Ten (10), E.W.M., described as follows: Beginning at a
point along the WWE/256 line of Section 34, from which the E/16 Corner on the South line of
Section 34 bears S 20° 43117" W 911.0 feet; thence along said WWE/256 line, N 00° 31'21" W
56.6 feet to a point; thence 89°36'332.2 feet to a point along the EE/64 Line; thence along said
EE/64 Line, N 00°31'21" W 474. feet to a point; thence S 89° 30' 05" W 735.0 feet to the Point
of Beginning; and
Parcel 2 (Tax Lot 2010340003801)
A tract of land in the Northeast Quarter of the Southeast Quarter of the Southeast Quarter .
(NE1/4SE1/4SE1/4) of Section Thirty-four (34), Township Twenty (20) South, Range Ten (10)
East of the Willamette Meridian, Deschutes County, Oregon, described as follows:
Commencing at a point along the WWE/256 line of Section Thirty-four (34), from which the
E/16 comer on the South line of Section 34 bears South 20"43'17" West, 911.0 feet; thence
along said WWE/256 line, North 00° 31'20" West, 56.6 feet to the point of beginning of the
tract; thence continue along said WWE/256 line, North 00°31'20" West, 56.6 feet to-a point,
being the NWSESE/256 comer of Section 34; thence along NSS/256 comer of Section 34;
thence along the EE/64 line of Section 34, North 00°31'20" West 94.1 feet to a point; thence
South 89030'05" East, 405.0 feet to a point; thence South 00°04'48' West, 104.35 feet to a point;
thence North 89°30'05' West, 403.9 feet to a point along said EE/64 line and, 10.2 feet Southerly
from the CNSESE1256 corner'of Section 34; thence along said EE/64 line, South 00031'21"
East, 47.1 feet to a point, thence-North 89°36' West 332.2 feet to the point of beginning; and
Parcel 3 (Tax Lot 2010350000500):
That portion of the North Half of the Southwest Quarter of the Southwest Quarter (N %a SW V4
SW Y4) of Section 35 lying between the boundaries of said North Half of the Southwest Quarter
of the Southwest Quarter (N % SW U SW Y4) and to the left of the center of the Deschutes River,
as located May 24, 1954, in Township 20 South, Range 10 East, of the Willamette Meridian,
Deschutes County, Oregon; and
Parcel.4 (Tax Lot 20134003700): .
A tract of land in the Northeast Quarter of the Southeast Quarter of the Southeast Quarter
(NE1/4SE1/4SE1/4) of Section Thirty-four (34), Township Twenty (20) South, Range Ten (10)
East of the Willamitte Meridian, Deschutes County, Or described as follows: Commencing
at the northeast comer of the said Southeast Quarter Southeast Quarter -(SE1/4SE1/4) and thence
southerly along the east boundary of said Section Thirty-four (34) a distance of 436 feet more or
less to a point, which point is the northeast corner of the tract heretofore sold to James Selken;
thence north 89° 49' West (along the northerly boundary line of the said Selken tract) a distance
of 284.52 feet more or less to a point, which point is the southeast corner of the tract heretofore
conveyed to Eugene P. Hiney and Louise E. Hiney, husband and wife, and Donald B. Karstetter
and Anita J. Karstetter, husband and wife; thence north 208.7 feet along the east boundary of the
said Hiney-Karstetter tract to a point; thence north 89°49' West 405 feet more or less (being
along thenortherly boundary of the said Hiney-Karstetter tract) to the north south center line of
the said SE1/49E1A; thence northerly along said center line 228 feet more or less to the north
boundary of the said SE1/4SE1/4; thence easterly along the north boundary of said SE1/4SE1/4
to point of beginning.
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PROPOSED ANNEXATION AREA
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OFFICIAL SEAL
Count of Deschutes ) USA A TRACY
County NOTARY PUBLIC -OREGON
as. tMY Comm SI N NO. F 3 gEp ~ 11111118
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County of Deschutes ) NOTARY PUBLIC - OREGON
as. COMMISSION NO. 354451
State O on ) MY COMMISSION FAPgIF 5
I, canity that I circulated this
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presence.
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SIGNATURE
:RIBEDA SW t befo r~eShis
day of -~'/]3gJ~
Notary Public for n
My Commission Expires:
Board of Directors
President
Mary Krenowicz
Vice-President
Dwain Fullerton
Treasurer
Bill Dakin
Secretary
Bob Woodward
Direcrars
Cal Allen
Don Bauhofer
John Casey
Mollie Chaudet
Judy Clinton
Collins Hemingway
Kit Korish
Jerry Norquist
Rick Rupp
Bruce White
Ted Wise
Advisors
Chris Babcock
Robert Brunoe
Ruth Burleigh
Jim Bussard
Allen Dobbins
C.E. "Win" Francis
Mike Hollern
Betsy Johnson
Jim Knapp
Alice Koeblei
Nancy Pope Schlangen
John Shelk
Bill Smith
staff
Brad Chalfant
Executive Director
Brian Harrington
Development Director
Jessica Rawlings
Office Manager
Brad Nye
Project Manager
Karen Allen
Land Steward
DESCHUTES BASIN LAND TRUST
RECEIVED
October 0, 2 003 8 Y..
NOV 0 112(1(`3
Doreen Blome
Deschutes County CDD DELIVERED BY
117 NW Lafayette Ave.
Bend, Oregon 97701
RE: "No Shooting" District/Tax Lot 20-10-35-C-500
Dear Doreen,
Per my phone message, I've enclosed a copy of a Board Resolution
authorizing me to sign documents to petition for inclusion into the existing
District.
I should note that our petition for inclusion is based upon our
understanding that all of the adjacent private properties are either currently
within or the owners are petitioning for inclusion within the District and
that the Land Trust's property would otherwise be surrounded by private
properties within the District. If that is not the case, please advise me
before we proceed further.
Thanks again for your assistance with this matter.
BlomeDoreen-DeschCounty I03003.doe
The Deschutes Basin Land Trust-Lands in trust, protected forever
760 NW Harriman Street, Suite 100 • Bend, OR 97701 • (541) 330-0017 • Fax (541) 330-'0013
info(a•deschureslandtrusc.org • www.deschutesiandcrusc.org
DESCHUTES BASIN LAND TRUST
Corporate Resolution
Inclusion of the Thomas Preserve within a
Deschutes County "No Shooting" District
Action Item #03-005
The foregoing Corporate Resolution is adopted by the duly constituted Board of Directors
of the Deschutes Basin Land Trust, an Oregon non-profit, public benefit corporation, in its
capacity as the managing. body of the Deschutes Basin Land Trust (Land Trust), pursuant to the
organization's bylaws and consistent with the laws of the State of Oregon.
Recitals
Whereas, the Deschutes Basin Land Trust (hereafter, the "Land Trust") is a regional land
trust engaged in the acquisition and management of land and development rights to facilitate
conservation of significant and sensitive private lands for public benefit in the Deschutes Basin
of Oregon; and
Whereas, the Land Trust owns roughly 7 acres of land, which the Land Trust has
designated as the Thomas Preserve and said land is generally described in Exhibit "A", attached
herein and is located within Deschutes County, Oregon; and
Whereas, said lands consist of an island and wetlands within the Deschutes River and
were acquired with the intent of conserving important wildlife habitat, native vegetation,
ecological functions, recreational opportunities and open space; and
Whereas, the Land Trust does not oppose hunting and has not heretofore seen a need to
restrict lawful hunting on the Thomas Preserve; and
Whereas, the lands surrounding the Thomas Preserve are all either within or are currently
being proposed for inclusion in an existing "No Shooting" District to address safety issues for
adjacent residential areas; and
Whereas, failure of the Land Trust to include the Thomas Preserve in the "No Shooting"
District could undermine both the effectiveness of the larger "No Shooting" District and
potentially concentrate hunting on the Thomas Preserve, to the detriment of the community and
natural resources on the Thomas Preserve; and
Whereas, the Board of the Land Trust in weighing the necessity of inclusion of the
Thomas Preserve in the existing "No Shooting" District, the Board concludes that in the interest
of both public safety and conservation of valuable natural resources, the Thomas Preserve should
be included in the "No Shooting" District.
Action
NOW THEREFORE, in consideration of the foregoing, the Board of the Land Trust
does herein resolve and authorize the Land Trust to petition Deschutes County to include within
a "No Shooting" District or other appropriate designation, the lands generally described in
Exhibit "A", and that the Property be posted as such; and
Furthermore, the Board herein specifically authorizes the Land Trust's Executive
Director to take all actions reasonably contemplated to implement this Resolution, including, but
not limited to the execution and implementation of all related documents and actions.
DESCHUTES BASIN LAND TRUST
Dated: /G' - 0P& -a-!
Dated: ~v Z.3 y
Action03-005.doc
Board Secretary
. y
EXHIBIT "A"
ACTION ITEM #03-005
That portion of the North Half of the Southwest Quarter of the Southwest Quarter (NI/2
SW %4 SW '/4) of Section 35 lying between the boundaries of said North Half of the Southwest
Quarter of the Southwest Quarter (N %z SW'/a SW 1/4) and to the left of the center of the
Deschutes River, as located May 24, 1954, in Township 20 South, Range 10 East, of the
Willamette Meridian, Deschutes County, Oregon.