2005-1039-Order No. 2005-085 Recorded 9/12/2005REVIEW ~ DESCHUTES COUNTY OFFICIAL RECORDS Ild 005.1039
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 09/12/2005 03;29;52 PM
LEGAL COUNSEL II II I III(IIIIIIIII III I I
111111
2 0 -1038
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date
For Public Hearing for Petition filed for the
Wimberly Annexation into the Cloverdale * ORDER NO. 2005-085
Rural Fire Protection District.
WHEREAS, a petition requesting annexation of territory into Cloverdale Rural Fire Protection
District was duly filed with the Board of County Commissioners of Deschutes County on August 22,
2005; a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is October 5, 2005; and,
WHEREAS, the Board chooses to also require publication notice for special district annexations; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the Cloverdale Rural Fire Protection District, a copy of
which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday, October 5,
2005, at 10:00 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County,
Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice
to be published in The Bulletin on September 19, 2005, and September 28, 2005, and posted on
September 19, 2005, in three public locations within the county as follows: One notice shall be posted on
or near the doors of the meeting room of the Board of County Commissioners; one notice upon any
official bulletin board customarily used for the purpose of posting public notices within the county; and
one notice shall be posted upon any official public bulletin board customarily used for the purpose of
posting public notices within the proposed district. Notices posted shall be for not less than five (5)
consecutive days.
PAGE 1 OF 2 - ORDER NO. 2005-085 (09/14/05)
Section 4. The Director of the Deschutes County Community Development Department shall cause
to be filed with this Board prior to October 5, 2005 (hearing date), a land use compatibility statement
regarding this proposed special district annexation as contemplated in ORS 197.175 and 199.462, and any
other applicable statutory authority.
Dated this~U of Septimber, 2005
ATTEST:
(~9~ (
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
d
TOM DEWOLF, CHAI16, _
Aj
C AEL M. DALY, OMMISSIONER
NNZISRLRKE, COMMISSIONER
PAGE 2 OF 2 - ORDER NO. 2005-085 (09/14/05)
rrcu1*1•cLr-LI ivrrm u,visu•
'dJ~tiCy JG r^,- F Uu X10 > >7Y~ -J. :)oHl'1 p'1 r J r
REV. 7/80 1bo.,,
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
FORMATION B ANNEXATION Q WITHDRAWAL n DISSOLUTION
Cloverdale Rural Fire Protectionpislrict
No. of precincts in district @ C . perprecinct a $
total dapostt
XX 1- NAME (PRtNI)
Address
y
City, state, zip c e ~,o! (f~ _ Ur
Amount of contribution
ii.
'V r'^w-l C-11- 9111--199-1
Value-of secured deposit
2. NAME (PRiN7)
Address _
City, state, zip code
Amount of contribution
Value of secured deposit
3. NAME (Pni"
Address
City, state, zip code
Amount of contribution Value of secured deposit
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
Ci oy rd a 1 P i.R.,. r a I F; ra • P rn t r„-+ j-Mn district exceed the deposit, I/we will pay to the county
treasurer the amount of the excess Costs boas 190.77.5>.
XX 1. CHIEF PETITIONER
Address .
City, state, zip code
rIny
r~ J Q,-~ y
Telephone numbers y~ 6 J2 99 7 Date
2• CHIEF PETITIONER
Address
Chy, state, zip code
Telephone number
3. CHIEF PETITIONER
Address
City, state, zip code
Telephone number
Date
Date
6
'Provide description of secured deposit on reverse or separate sheets. Additional contributors ma be
1 4 EXHIBIT A PAGEy I
PETITION TO ANNEX PROPERTY
-TO-
CLO VERDALE RURAL FIRE PROTECTION DISTRICT
TO: The Board of County Commissioners, Deschutes County
Deschutes County Courthouse
Bend, Oregon 97701
The undersigned are qualified petitioners under ORS 198.705 -to- ORS 198.955, and respectfully ask that the
described lands lying and being in Deschutes County, Oregon and described in Exhibit 1 attached hereto, be
annexed to the Cloverdale Rural Fire Protection District and hereby joins the attached petition for said
annexation.
LEGAL: EXHIBIT 1 - Attached separate sheet (8 1/2 x 11) providing a complete legal description of the
property to be annexed. If more than one petitioner, all properties to be annexed are included and
listed as parcel 1, parcel 2, etc..
PLOT MAP: EXHIBIT 2 - Attached separate sheet (8 1/2 x 11) providing a plot map identification of the
property to be annexed. If more than one petitioner, all properties to be annexed are included and
identified as parcel 1, parcel 2, etc..
The undersigned, in support of this petition, further state as follows:
1. The petition is filed pursuant to ORS 198.705-to-198.955.
2. This annexation affects only Deschutes County and the Cloverdale Rural Fire Protection District.
3. The principal act of the Cloverdale Rural Fire Protection District is ORS 478..
4. The territory that is subject to this Petition for Annexation is primarily inhabited.
5. It is requested that the proceedings be taken for the annexation of the said territory to the Cloverdale
Rural Fire Protection District.
6. That said petition has been signed in our presence by not less than: 15% of the registered voters within
the area proposed to be annexed or by 15 owners of land or the owners of 10% of the acreage,
(whichever is the greater number of signers) within the area proposed to be annexed.
DATED this ___y day of// 2065
Name:
CHIEF ETITIONER - SIGN TURE
A"e
Name:
CHIEF PETITIONER - PRINT NAME
Mailing address:
7 7d z&,, /-2,
Phone:
~72- -/997 (H)
(B)
Ap the Board of Directors, Cloverdale Rural Fire Protection District this jZday of '~2(x)z P9
ar es R. Cable, Fire Chief Rob "O '
EXHIBIT R PAGE-
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EXHIBIT _ PA,,GE
4. The land referred to in this policy is described as follows:
Lot 6, Replat of Snow Creek Ranch, a subdivision of record, situated in the East Half (E of Section 9 and the
West Half (W ''V2) of Section 10, Township 16 South, Range 11 East, Willamette Meridian, Deschutes County,
Oregon;
Excepting therefrom that parcel of land being more particularly described as follows; Beginning at a 5/8" iron
rod at the southeast corner of said Lot 6 on the northerly right-of-way line of Highway 20; thence North
40°33'35" West, on the boundary of said Lot and right-of-way line, 145.01 feet to a 5/8" iron rod; thence North
82°56' 15" West, on said line, 155.73 feet to a 5/8" iron rod; thence North 40°33' 17" West, on said line,
1118.09 feet to a 5/8" iron; thence North 00°43'42" East, leaving said right-of-way, on the west line of said Lot
6, 816.04 feet to a 5/8" iron rod; thence North 07°36'35" East, on said west line, 1289.26 feet to a 5/8" iron rod
ort the right-of-way of Snow Creek Lane; thence on the boundary line of said Lot 6 and said right-of-way on a
50.00 foot radius curve to the left (chord bears South 29°12'03" East, 50.07 feet), 52.44 feet to a 5/8" iron rod;
thence South 07°36'35" West, leaving said boundary and right-of-way line, on a line 30.00 feet from and
parallel with the west boundary of said Lot 6, 1247.37 feet to a 5/8" iron rod; thence South 00°43'42" West, on
said parallel line, 802.93 feet to a 5/8" iron rod; thence South 40°33' 17" East, on said parallel line, 1041.51 feet
to a 5/8" iron rod; thence North 90°00'00" East, leaving said parallel line, 350.48 feet to a 5/8" iron rod on the
line common to said Lot 6 and Lot 7; thence South 22027'12" West along said common line, 214.69 feet to the
point of beginning.
Together with that parcel of land being more particularly described as follows: Beginning at a 2" Brass Cap at
the northwest comer of Section 10 on the north line of said Lot 7; thence south 89°08'36" East, on the north
line of said Section 10 and Lot 7, 681.05 feet to a 5/8" iron rod; thence South 13°57'46" East, leaving said
section line and on the north line of said Lot, 20.70 feet to a 5/8" iron rod; thence South 89°08'26" East, on said
Lot line 630.70 feet to a 5/8" iron road at the northeast corner thereof; thence South 00°43'06" West, on the east
line of said Lot 7, 480.04 feet to a 5/8" iron rod; thence North 89°07'30" West, leaving said line, 50.00 feet to a
5/8" iron road at an angle point on the line common to Lot 6 and Lot 7; thence North 00°42'47" East, along said
common Lot line, 450.00 feet to a 5/8" iron rod; thence North 89°08'29" West, on said Lot line, 2322.37 feet to
a 5/8" iron rod on the right-of-way of Snow Creek Lane, thence on the boundary of said Lot 7 and said right-of-
way line, on the arc of a 50.00 foot radius curve to the left (chord bears North 37°47'37" West, 64.02 feet),
69.47 feet to a 5/8" iron rod on the North line of said Lot 7 and the north line of said Section 9; thence South
89°08'34" East, leaving said right-of-way and on said Lot and Section line, 1095.29 feet to the point of
beginning.
Owner's Policy 2 11-0030603
EXHIBIT PAGE
Cloverdale Fire District and Wimberly Properties
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EXHIBIT PAGE_
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Cloverdale Fire District and Wimberly Properties
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Job Code:072605ATW
EhI11BIT ~_PAGE
UOVERDALE RVRAL F IRE PROTECTION DisTRiff
68787 Geo. Cyrus Road a Sisters, Oregon 97759
(541) 548-4815 Fax (541) 548-7131
RESOLUTION 05-05
May 17, 2005
ENDORSEMENT FOR ANNEXATION
PREVENT FIRES
WHEREAS, the petition to annex property submitted by Tom Wimberly, came before the Board of Directors
at its regularly scheduled monthly meeting on may 17, 2005,
AND WHEREAS, the proposed annexation was discussed and the proposed area of annexation was
confirmed as being adjacent to the Cloverdale Rural Fire Protection District, and the best interest of all would be
served by allowing the annexation,
AND WHEREAS, after studying the fire and life safety needs of the proposed annexation area and it further
appearing that the Fire District can provide needed protection without suffering adverse effects on the remainder
of the Fire District,
AND WHEREAS, it further appears that a resolution of endorsement is necessary to accomplish this end,
NOW THEREFORE BE IT RESOLVED, that the Cloverdale Rural Fire Protection District hereby endorses
the annexation of properties described as T16-R11-S09-TL100 and T16-RI 1-S10-TL301 into the Fire District
and encourages the Deschutes County Board of Commissioners to proceed with the annexation of said properties
into the Cloverdale Rural Fire Protection District at their earliest convenience.
Dated this 17th da of May 2005.
ATTES PRESIDENT:
les . C ble Keith C)rrus
Clerk of oard
SECRETARY: y✓T/G~c, V. PRES.:_
AAV
Tom Barrier Sue Morgan
DIRECTOR: ~i.~ :f DIRECTOR:
John Ferera Todd Williver
EXHIBITPAGE -:Z_ __A_
EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, the Wimberly Annexation, to Cloverdale
Rural Fire Protection District will be held on October 5, 2005, at 10:00 a.m. in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
The boundaries of the proposed annexation are as specified in Exhibit "A," attached hereto and
by this reference incorporated herein.
The purpose of the proposed annexation is to provide fire protection services for the inhabitants
of the proposed area to be annexed. All interested persons may appear and be heard.
Deschutes County conducts public meetings in locations which are wheelchair accessible.
Deschutes County also provides reasonable accommodations for persons with disabilities. For
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours notice
of the request. Written information will be made available in large print or audio format. To
request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Tom DeWolf, Chair
To be published in The Bulletin: September 19, 2005 and September 28, 2005
To be posted: September 19, 2005
EXHIBIT "B" - ORDER 2005-085 (09/14/05)
4. The land referred to in this policy is described as follows:
Lot 6, Replat of Snow Creek Ranch, a subdivision of record, situated in the East Half (E V2) of Section 9 and the
West Half (W %z) of Section 10, Township 16 South, Range 11 East, Willamette Meridian, Deschutes County,
Oregon;
Excepting therefrom that parcel of land being more particularly described as follows; Beginning at a 5/8" iron
rod at the southeast corner of said Lot 6 on the northerly right-of-way line of Highway 20; thence North
40°33'35" West, on the boundary of said Lot and right-of-way line, 145.01 feet to a 5/8" iron rod; thence North
82°56' 15" West, on said line, 155.73 feet to a 5/8" iron rod; thence North 40033'l 7" West, on said line,
1118.09 feet to a 5/8" iron; thence North 00°43'42" East, leaving said right-of-way, on the west line of said Lot
6, 816.04 feet to a 5/8" iron rod; thence North 07°36'35" East, on said west line, 1289.26 feet to a 5/8" iron rod
oq the right-of-way of Snow Creek Lane; thence on the boundary line of said Lot 6 and said right-of-way on a
50.00 foot radius curve to the left (chord bears South 29°12'03" East, 50.07 feet), 52.44 feet to a 5/8" iron rod;
thence South 07°36'35" West, leaving said boundary and right-of-way line, on a line 30.00 feet from and
parallel with the west boundary of said Lot 6, 1247.37 feet to a 5/8" iron rod; thence South 00°43'42" West, on
said parallel line, 802.93 feet to a 5/8" iron rod; thence South 40°33' 17" East, on said parallel line, 1041.51 feet
to a 5/8" iron rod; thence North 90°00'00" East, leaving said parallel line, 350.48 feet to a 5/8" iron rod on the
line common to said Lot 6 and Lot 7; thence South 22°27' 12" West along said common line, 214.69 feet to the
point of beginning.
Together with that parcel of land being more particularly described as follows: Beginning at a 2" Brass Cap at
the northwest comer of Section 10 on the north line of said Lot 7; thence south 89°08'36" East, on the north
line of said Section 10 and Lot 7, 681.05 feet to a 5/8" iron rod; thence South 13057'46" East, leaving said
section line and on the north line of said Lot, 20.70 feet to a 5/8" iron rod; thence South 89°08'26 East, on said
Lot line 630.70 feet to a 5/8" iron road at the northeast comer thereof; thence South 00°43'06" West, on the east
line of said Lot 7, 480.04 feet to a 5/8" iron rod; thence North 89°07'30" West, leaving said line, 50.00 feet to a
5/8" iron road at an angle point on the line common to Lot 6 and Lot 7; thence North 00°42'47" East, along said
common Lot line, 450.00 feet to a 5/8" iron rod; thence North 89°08'29" West, on said Lot line, 2322.37 feet to
a 5/8" iron rod on the right-of-way of Snow Creek Lane, thence on the boundary of said Lot 7 and said right-of-
way line, on the arc of a 50.00 foot radius curve to the left (chord bears North 37°47'37" West, 64.02 feet),
69.47 feet to a 5/8" iron rod on the North line of said Lot 7 and the north line of said Section 9; thence South
89°08'34" East, leaving said right-of-way and on said Lot and Section line, 1095.29 feet to the point of
beginning.
Owner's Policy 2 11-0030603
EXHIBIT