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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- u06Bjp j01 ,oIlgnd WIT SJUNU NUISSIWWOJ AW . VS 'ON NOISSIWW00 03UO - 3119nd AUVION ivvasS O B41do 10 step s141 ew ejoleq 01 N ONIS aNd O39TbfOS9ef)S 'eoueseII ul os pip uoillled 9141 peu019 oL m uosjed /GeAe pue'u01111e1 peleinoilo 11x41 ~IIUeo' )m ~1 •as u00eJO1 o 6 1914, how jo Aluno~ U [t H O LL w Q z 0 c> Z I I( I I I I I~ ( I I I~( I I I I I I I I I ( I I I I( I(~ ( I ~a N ~ I ( I I C7 ht; X00 N O 2 rZa 2 N O rZa d O d. rZa 4) 0 40 za 44) 0 40 rz 4) 0 rZ~ O d >-Za y 0 >-Z O >O-Z& go Y-Zt~ za 40 N j za 40 N rza p> sza 3r. CC p ul z ( I W I (oo N I I ro N {ap I I ago I (b a I I a°~o I I~ d ACID ( I~p 1 a°1o I ( spa I I~p ( IW rn I Iro ~~y I( a°7o I ~ro Z g_ ~ O 40 41 O V 40 O O V 40 y o V m 41 O V 40 g O V y 0 V Y 4401 O U y O U d1 Ol go V y 0 V 1- N O y o U rza rza >-Z< >-Z.< rza >-Z< >-Z< rza rza >-za rza za r za rza 0 w 0 a y Z 4i U ~ L r w ~ O v 3 O w a ~ 3 r 0 1~ Q CL w ~ z a ' w z z N z V) v CL r fJ M tl td ti cd ch O r C4 r r r 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 Map Legend Q Barg UGS Tulda ® Boilable Tevbb Flat A-6- D I SCLAIAItN: h lap dnta nineq' of Dewh,- County Tai. a end A--- Vi nnnent. w A-i-.-pl. nn reelmeeihilil., fot ac-,.y. Suitable Taxlot Criteria: Taxlots 1611090000100 and 1611100000301 N "/~E a 0 0.25 0.5 1 Miles S•~ :\Mh R/ i~~`~ C, July 26th. 2005 - Job Code: 072605ATW EXHIBIT PAGE_ 2 Cloverdale Fire District and Wimberly Properties Map Legend O Bmtl UGB Tuml. ®swl.bi. T.amr. Fiisl Amedcen DISC AINIER: slap Autn crvmcs' nl Ucadhmce Cmmrv Tnwni.n and A--r, Mpm-l. Firai Amaicmr ntt eplf n. rcep.nsihllilr F.r n-rncy. Suitable Taxlot Criteria: Taxlots 1611090000100 and 1611100000301 N W I E 8 0 0.5 1 2 Miles ~yT AN1 E ♦ CN map Prepared by: First Amerden Title f July 281h. 2005 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