Loading...
2004-1449-Order No. 2004-106 Recorded 12/21/2004REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS CJ 200401449 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 12/21/2004 03;44;06 PM LEGAL COUNSEL III II II I IIIIIII IIII III) II III III 2004-1448 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Annexation of Stauffer Annexation Territory into Rural Fire * ORDER NO. 2004-106 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 November 22, 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 December 20, 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, and WHEREAS, in its preliminary review, the Oregon Department of Revenue rejected the map submitted by the petitioners and the petitioners have since submitted a map in the correct form; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Stauffer petition for annexation into Rural Fire Protection District No. 2 attached to and referenced in Order No. 2004-094 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 Stauffer petition and as set forth, and shall be known as the "Stauffer 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 Stauffer 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. 2004-106 (12/20/04) Section 6. The purpose of this District is to provide fire protection services within the District. DATED this 20th day of December, 2004. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: I/r ~ ,6akg~ Recording Secretary Page 2 of 2 - ORDER NO. 2004-106 (12/20/04) Exhibit "A" Situate in the County of Deschutes, State of Oregon and being a portion of Section 16, Township 18 South, Range 13 East, described as follows: Beginning at the North 1/4 corner of Section 16; Thence, S89°55' 10"W 56.59 feet along the North line of Section 16 to a point; Thence, SO0°29'36"W 30 feet, more or less, to the Northwest corner of Lot 1, McElroy Estates; Thence, SO0°29'36"W along the West line of Lot 1, 95 feet; Thence, N89°30'24"W 13.70 feet; Thence, SO0°29'36"W 50.00 feet; Thence, S89°30'24"E 13.70 feet; Thence, SO0°29'36"W 355.96 feet to the Northwest corner of Lot 2, McElroy Estates; Thence, S00°29'36"W along the West line of Lot 2, 473.08 feet; Thence, N89°30'24"W 13.70 feet; Thence, SO0°29'36"W 198.39 feet; Thence, Southerly along a curve to the left with a radius of 370 feet for an arc of 78.80 feet; Thence, S1 1'41'38"E 43.04 feet to the Southwest corner of said Lot 2; Thence, N89°57'49"E 52.58 feet to the Northwest corner of Parcel 1, Partition Plat 2003, page 80; Thence, S00°3 1'02"W 661.33 feet to the Southwest corner of said Parcel 1, said point also being the Southeast corner of Parcel 1, Partition Plat 1999, page 7; Thence, along the South line of said Parcel 1, S89°58' 13"W 604.87 feet to the Southwest corner of said Parcel 1, on the East line of Parcel 2, Partition Plat 1994, page 29; Thence, NO0°34' 10" 631.26 feet to the Northeast corner of said Parcel 2; Thence, Southwesterly along Supreme Court to the Northwest corner of said Parcel 2; Thence, S00°34' 10"W 642.75 feet; Thence, N8805 8'49"W 625.74 feet to an angle point in Parcel 2; Thence, SO0°37'00"W 634.73 feet to the Southwest corner of said Parcel 2; Thence, N89°58'33"E 656.28 feet to the Southeast corner of said Parcel 2, said corner also being the Northeast corner of Parcel 2 of Partition Plat 1991, page 15; Thence, SO0°34'06"W 615.65 feet to a point on Superior Court; Thence, Southwesterly along Superior Court along a 60 foot radius curve left 51.27 feet; Thence, N89°59'02"W 630.72 feet to the Southwest corner of said Parcel 2; Thence, SO0°37'05"W 660.68 feet along Parcel 1 of Partition Plat 1991, page 15, to the Southwesterly corner thereof, Thence, S89°57' 12"E 657.50 feet to the Southeast corner of said Parcel 1; Thence, SO0°34'26"W from the Northwest corner of Lot 3, 44 Estates Subdivision along the West line thereof 1292.32 feet to the Southwesterly corner of Lot 3; Thence, continuing SO0°34'26"W 30 feet, more or less, to the South line of Section 16; Thence, East along Exhibit "A" - ORDER No. 2004-106 (12/20/04) the South line of Section 16 1976.24 feet, more or less, to the Southeast corner of the SW1/4 of the SE1/4, Section 16; Thence, N00°24'49"E 1322.93 feet along the West line of Parcel 1, Partition Plat 1991, page 2, to the Northwest corner thereof; Thence, S89°58'31"E 657.53 feet to the Northeast corner of said Parcel 1; Thence, N00°42'02"E 661.55 feet along the East line of the W1/2 of the NE1/4 of the SE1/4, Section 16, to a point; Thence, S89°38'24"E 656.92 feet; Thence, N00°38'55"E 661.64 feet to the East 1/4 corner of Section 16; Thence, Westerly along the East-West centerline of Section 16, 1312.57 feet to the Center-East 1/16 corner thereof, Thence, N00°24'21"E 1322.96 feet along the West line of Partition Plat 2003, page 7 to the Northwest corner of Parcel 1 thereon; Thence, S89°58'38"W 654.97 feet, more or less, to the Southeast corner of Lot 2, McElroy Estates; Thence, N00°25'33"E along the Easterly line of Lots 1 and 2 and the Northerly extension thereof 1322.47 feet to the North line of Section 16; Thence, S89°58'27"W 653.63 feet along the Northerly line of Section 16 to the North 1/4 corner and the point of beginning. EXCEPTING THEREFROM the following: Beginning at the Center 1/4 corner of Section 16; Thence, S89°59'09"E 656.45 feet; Thence, SO0°27'55"W 1322.64 feet; Thence, N89°58'3 1"W 657.53 feet; Thence, N00°31'02"E 1322.28 feet, to the point of beginning. Exhibit "A" - ORDER No. 2004-106 (12/20/04) i"AS RM WAS PREPARED EDR ASSESSIERi NnSE ONLY. REV(SED: 04/1117004 SECTION 16 T.18S. R.13E. W.fEI. DESCHUTES COUNTY V - 400• f Exhibit "B" - Order No. 2004-106 (12/20/04) Es c0 0 A A i -A Exhibit "C" Community Di Planning Division Q U D r~I~Ynt~ bg ar i ling afety Division - Envi e nt 117 NW Lafayette Avenue - Bend, Oregon - 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http:/ /www.co.desch utes. or. u s/ cdd/ DATE: November 16, 2004 MEMORANDUM TO: Laurie Craghead, County Legal Counsel FROM: Paul Blikstad, Associate Planner RE: Annexation to Deschutes County Rural Fire Protection District #2; Stauffer Annexation, Your file no. 16-528 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 Deschutes County Rural Fire Protection District #2 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Exhibit "C" - Order No. 2004-106 (12/20/04) r Quality Services Performed with Pride