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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 o ao 000 ®Fx[ •Mi8 iOD5 17-11-MOD-00400 17-114006.00101 VAI- 60606000 I EXHIBIT 'b PAGE r' - nJ lk co X N W 0 n -+j 3 LLJ f- Z ck~ O . U N V1 W F- 1- ~ S cO U N W Z 0 O 1-- U W N Wo - i~ cf W O k y ~R X Z 0 fl0 p J 0. ~ .s co x N OW ~ Z EXHIBIT PAGE Z 3 EXHIBIT _3-PAGE d A• O i o a_ m a _ - 2 ` onOO~~wA O O O O O O pO ~n 00 _ N O_~ 0 0 0 0 00 A O O O O O N_ P d 0 IL t4 tj CA to LV L J C4 vD Q a0 a MM W W r- U)- o°-.s;; acs aoss oosaa~ lq t',D 4 a ~1 dopy ..S Q ~ U ~ L. 5a v L~ n~ J R c( 0 0. Q Q 4 wo ~c e V EXHIBIT 13-PAGE ~J-`ES c0 t 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