2005-789-Order No. 2005-034 Recorded 6/8/2005REVIEWED
LEGAL COUNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP,COUNTY CLERKOS 1~d ~~0~•189
COMMISSIONERS' JOURNAL ,
06/0816005 04,69.56 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Annexation of Tumalo
Creek Development, LLC Annexation into the * ORDER NO. 2005-034
Deschutes County Rural Fire Protection District #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 May 2, 2005; 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 June 8, 2005, 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;
WHEREAS, the map and legal descriptions needed to be corrected to eliminate that portion of the
property within the city limits of the City of Bend limits and eliminate references objected to by the Department
of Revenue; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
Section 1. That the Tumalo Creek Development, LLC petition for annexation into Rural Fire
Protection District No. 2 attached to and referenced in Order No. 2005-030 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 Tumalo Creek Development, LLC petition and as set forth,
and shall be known as the "Tumalo Creek Development, 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 Tumalo Creek Development, 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. 2005-034 (06/08/05)
Section 6. The purpose of this District is to provide fire protection services within the District.
DATED this 8th day of June, 2005
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
MICHAEL M`. DALY, Corssioner
NNIS R. LUKE, ommissioner
Page 2 of 2 - ORDER NO. 2005-034 (06/08/05)
Exhibit "A"
Name: Tumalo Creek Development, LLC
Address:
Tax Lot Number: 101, 400, and 6000 T17S RHE Sections 26 and 35
A parcel of land located in a portion of Sections 26 and 35, Township 17 South, Range
11 East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
The West Half of the Southeast Quarter (W 1/2 SE 1/4) of Section Twenty-six (26); the
North Half of the North Half (N 1/2 N 1/2) of Section Thiry-five (35); the Southwest
Quarter of the Northeast Quarter (SW 1/4 NE 1/4) of Section Twenty-six (26); the
Southwest Quarter (SW 1/4) of Section Twenty-six (26).
Excepting Thereof-
A parcel of land described as follows:
Beginning at a point on the West line of said Section Twenty-six (26) from which a 2 '/2"
iron pipe with a 3" Brass Cap marking the Southwest Corner of said Section Twenty-six
(26) bears South 00° 01' 06" West a distance of 81.20 feet; thence following along the
easterly line of that land conveyed to Deschutes County in Book 59, Page 83, Deschutes
County Records, the proceeding twelve courses and distances:
North 34°
55'
10"
East a distance of 194.16 feet;
North 50°
31'
08"
East a distance of 371.76 feet;
North 47°
09'
51"
East a distance of 468.31 feet;
North 43°
14'
29"
East a distance of 158.24 feet;
North 42°
43'
27"
East a distance of 275.32 feet;
North 39°
19'
50"
East a distance of 352.65 feet;
North 36°
31'
30"
East a distance of 431.89 feet;
North 38°
52'
11"
East a distance of 228.65 feet;
North 24°
43'
53"
East a distance of 166.93 feet;
North 50°
38'
36"
East a distance of 156.63 feet;
North 35°
10'
31"
East a distance of 227.59 feet;
North 39°
05'
56"
West a distance of 373 feet more or less to a point on the East - West
Centerline of said
Section Twenty-six (26);
Thence following the East-West Centerline of Section Twenty-six (26) North 89° 34' 47"
West a distance of 1747 feet more or less to the West Quarter Corner of Section Twenty-
EXHIBIT ~_PAGE
six (26); thence following the West Line of Section Twenty-six (26) South 00° O1' 06"
West a distance of 2568.75 feet to the Point of Beginning.
2
EXHIBIT PAGE
Existing Deschutes County
Rural Fire Protection District #2
Boundary and Pending
Annexation of Tumalo Creek
Development, LLC Tract
Tumalo Creek Development, LLC Tract
Bend City Limit
Parcel
Rural Fire Protection District #2
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EXHIBIT 13-PAGE
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Community Development Department
0 Planning Division • Building Safety Division • Environmental Health Division
1qW 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 3BB-6575 • FAX [541) 385-1764
http //www.co.deschutes.or.us/ cdd/
MEMORANDUM
DATE: April 28, 2005
TO: Carol O'Dell, County Legal Counsel, Legal Assistant
FROM: Paul Blikstad, Associate Planner
RE: Annexation to Deschutes County Rural Fire Protection District #2; Tumalo
Creek Development LLC Annexation, Your file no. 16-570
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
(Chapter 23.68 of Title 23 of the County Code, Section 23.68.020), Policies, is the
following policy:
e. 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.
Quality Services Performed with Pride EXHIBIT