Loading...
2005-1272-Order No. 2005-135 Recorded 11/9/2005REVIEWED LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL 2 RECORDS NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL ~ 111111111111111111 0 Jill[ 1 12 CLERK Q 2005.1272 11/09/2005 02;55;47 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition and Setting Date For Public Hearing for Petition filed for the Wade Annexation into the Deschutes * ORDER NO. 2005-135 County Rural Fire Protection District #2. WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire Protection District #2 was duly filed with the Board of County Commissioners of Deschutes County on October 13, 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 November 9, 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 Deschutes County Rural Fire Protection District #2, 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, December 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 November 14, 2005, and November 28, 2005, and posted on November 14 , 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. 2005-135 (11/09/05) Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to December 5, 2005 (final 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 T of Nove ber, 2005. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: ll c Recording Secretary TOM DEWOLF, Chair ZZ7, 0 ~ ~4 jW M AEL DALY, Co missioner 2 ENNIS R. LUKE, Commissioner PAGE 2 OF 2 - ORDER NO. 2005-135 (11/09/05) M.5 `/14/93 SECURITY DEPOSIT ORS 198,775 REVS FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION ❑ FORMATION (ANNEXATION WITHDRAWAL ❑ DISSOLUTION District No. of precincts in district ® $ per precinct = $ (maximum of $10,000) total deposit PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CA EC P SIT 1. NAME (PRINT) 'SCE C SIGNATURE RESIDENCE ADDRESS 1136-In Q1 \197a W QW-IS b6 V e t3eY15( Dr), 2 7'7 0 2-1 MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT ~6 ' KIND OF CONTRIBUTION:* [~Kf CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 2. NAME (PRRgT) SiGNAi Ui RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT CHIEF PETITIONERS I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of OiBc f-t/TrcS Cr?c- -Y pwkj1-C r-111* 1-k( o- district exceed the deposit, I/we will y to co treasurer the amount of the excess costs (ORS 198.775). DG$7AlG1 71~ 1. NAME (PRINT) 8 e2VC ,E '5- WA P--- SIGNATURE ~ RESIDENCE ADDRESS N31,70 R Vim? G(JL22A LIZ DATE 1!59 • 27 200,$7- MAIJJNG ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE 3 2 - 16 2 5- 2. NAME (PRINT) /9 L P L ul~~) l SIGNA RESIDENCE ADDRESS ~ 8'& $"Z- , ; K- DATE C MAILING ADDRESS (IF DIFFERENT) . . LL;?x (0 5 $S CITY, STATE, ZIP CODE n r2- a -7 10 R - DAY TELEPHONE Sq I - 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE *Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached. EXHIBIT _ : PAGE F p t PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY RURAL FIRE PROTE(14TION DISTRICT. #2 To: The Board of County Commissioners Deschutes County, Oregon The undersigned, in support-of this Petition, state as follows: 1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955 2. This annexation Petition affects only Deschutes County and Deschutes County Rural Fire Protection District #2 (DCRFPD #2) 3. The principal act for DCRFPD #2 is ORS 478.0-01, et seq. 4. The territory that is subject to this petition for annexation is primarily un-inhabited The attached petitions in support of this annexation are signed by land owners and registered voters in the area proposed to be annexed as indicated opposite their respective signatures, that all signatures were obtained on or after the _Z3 day of S EP "f 5. It is requested that the proceedings be taken for the annexation of said territory to Deschutes County Rural Fire Protection District #2, Deschutes County, Oregon. A description of the boundaries of the territory to be annexbd is attached hereto and marked Exhibit "A" 6. That said petition has been signed by 15 percent of the electors, or 100 electors whichever number is lesser, or 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed Dated this 27 day of 6tP T" ZOn,~` NAME3a f- S. y A D E NAME A i-A L~Vf'LC N F ADDRESS 121 ~l 'Ong QC ADDRESS l -b 22 R1 ,qvfL Max ,I~Z 3~ O~Z 9"7702, Pn~d, PHONE 362 - 1 6, 2,5 PHONE_ 5+1 - 3 16 - 57 & Approved by the Board of directors of Deschutes County Rural Fire Protection District #2 this Approved by City of Bead Board of Directors DCRFPD #2 l By: By _ EXHIBIT _4-PAGE O U I I.. O Q U d I U m O I U U U) O O O O U U) O O U O O > z a z a > z a zCL 1 z a 1 a 0~22 _0 cu m m Q N O U O O U O O U O O U N O U Z Q z Q } z Q } Z Q Z Q N N L Q N U C ~ d ~ v . N Q~ v 1 C\l Q Q N L ~ Q Q ~ _ CL) O . ca W M CO (Y 1 V CO R J m 0 U N a~ .C U W N CL) 0 O ~ cc Z ~ z L a O CUM) U) c °o) O 0 o O C U U N U O N 0 o_ T C_ O N a U C O o_ T) . .a m ,n c 0 0 3 t o ~ w o m d C n a w C (D O) c o M o N c .Ln 0 -o v- m Y o 0 0 U L 1 o r x x U = _ Q N o r. E o Q o 0 z 0 O U) o Z w a m c/) 00 4 C, CP = 0 Im o 'a Uw co co CO . N O E < ~ o ~(J T co Zt-O O~cv x OW -j3: I-- 0 w cr Q ¢ ~oUOz ¢ z -'zw °L4 aa)a LL (n x °OO 0 O U g EXHIBIT PAGE -3 C: 0 a) a) 0 U) 0 (D (D 0 (D (n 0 - 0 (D X a) a) z a_ I z a_ t z a_ z z 0 - ~ 0 C cu (u Q U) 0 (1) 0 (D (1) 0 a) 0 0 U) (1) 0 z < z < z < z CL c - 0 cl 2 0 E 21 1 CL I UHIBIT ui in (n 0 In CD w 2 0 2 0 Z, W c 2 =1 0 U) C) Q) 0 C: 11) V) p E 0 U) 0 CL .Ln a) cn c -0 0 .I-- a) U) g) a) U) C: .2 CL C: 2-0 0 C) a) E a) IQQ C: < :(n L D E :t-_ Z 2 0- lp a) m z 0 0 0>' co _0 U) z w ca U) :D Cl) U- uj a: PAGE . U I I TI I I I I O C x U O O ] a) (L) O U O U U U U (1) U 0 c a ca a~ o 2 > Z a- a) 2 > a Q) a) O ? z a 0) o o Z a a) O (1) > Z a. a 0 mM c Q co a) O U U) O O U a) O U (D a) O U Q (1) O U ~ Z Q Z Q ~ Z Q Z Q Z Q N U) V 0 a CL) N f9 Y Y 0 N CTS a a~ U N 1\V~ E c a . EXHIBIT A PAGE ~ w 'iE U U C P CL E . 0 a 0 a .Ln m U) c 0 0 L 9) 3 L c O N N ~ O_ C a) O N O a L o X m a cn 0 I-- 0 L O 2 -o U L U O m a) o x c U C Q _ O c 0- a) y~ O d T O U O D 0 J '(D 0 v c 00 (O "O c 0 m O ~ v`0- 2 U w ~ c m .4 Z N C ~ O ~ U O U) LL :3 U) C L A m 0 U = w 0 ) 0 U) N 0 w O O N C f0 0 U) JURAT WITH AFFIANT STATEMENT State of ClQ A) k County of ss. 7ti K See Attached Document (Notary to cross out lines 1-8 below) n Spp- gtAtPnnPnf Pi~lnmi if in- 1 7 - , _._i_. Signature of Document Signer No. 1 ISMUIKAL. KING Commission # 138'5021 Notary Public - Califomla Sonoma County emy Comm. Expires Jul 15; 2008 Place Notary Seal Above Notary) Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me this 5 day of ?~i~cl e b2r Date Month Zc'.K-S , by Year Name of Signer(s) (2) J~~~e, ~►z~tn~~r Name of Signer(s) ~Y Sig~NOtary c OPTIONAL - Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document ~-t-i~ ~ ~1 "tc, ~F-\ tin P~ ~•'~'Q.Y=t-`/ Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Top of thumb here Top of thumb here © 2002 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2404 • Prod. No. 5924 • Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT PAGE~ Exhibit A Parcel 1: Wade, Tax Lot Number: 181127A008600 Property Described as: A Parcel of land located in the Northeast Quarter (NE1/4) of Section 27, TOWNSHIP 18 SOUTH, RANGE 11 EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, further described as follows: Beginning at the Southwest corner of Lot 81 in Block ZZ of Deschutes River Woods, Deschutes County, Oregon, which point is also the Southeast corner of a parcel of land conveyed to Arnold Irrigation District by Instrument recorded November 11, 1968 in Book 161, Page 619 Deed records; thence along the South line of said parcel south 62° 26' 09" West 316.25 feet to the Southwest corner of said parcel and the true point of beginning; thence along the West line of said parcel North 27° 33' 51" West 391.25 feet to the Northwest corner of said parcel and the South bank of the Deschutes River; thence leaving said Northwest corner and along the South bank of the Deschutes River the following courses: South 77° 03'24" West 34.63 feet; thence South 62° 26' 09" West 310.00 feet; thence South 76° 28' 20" West 206.12 feet to the Northwest corner of Lot 82, Block ZZ of Deschutes River Woods, Deschutes County, Oregon; thence leaving the South bank of the Deschutes River and along the East line of said Lot 82, South 22° 53' 51" East 450.00 feet the Southeast corner thereof and the North line of River Woods Drive; thence leaving said Southeast corner and along the North line of River Woods Drive North 62° 26' 09" East 543,50 feet to the true point of beginning. Parcel 2: Keyes, Tax Lot 181127A008603 Property Described as: A parcel of land located in the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section 27, TOWNSHIP 18, SOUTH, RANGE 11, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, described as follows: Commencing at the Southwest corner of Lot 81 in Block ZZ of DESCHUTES RIVER WOODS; thence South 62° 26'09" West, 195.71 feet to the TRUE POINT OF BEGINNING: thence South 62° 26'09" West, 120.54 feet; thence North 27° 33' 58" West, 391.25 feet; thence North 77° 04' 10" East, 124.60 feet; thence South 27° 33' 51 East, 359.77 feet to the True Point of Beginning. Parcel 3: Granger, Tax Lot 181127A008601 Property Described as: (undeveloped land purchased in two transactions with a lot line adjustment which kept the parcel tax lot the same) Transaction #1 description: (September 1988) EXHIBIT ,__~PAGE A tract of land located in the Northwest quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section 27, Township 18 South, Range 11, East of the Willamette Meridian, Deschutes County, Oregon, which is described as follows: Beginning at the Southwest corner of Lot 81, Block ZZ, DESCHUTES RIVER WOODS recorded subdivision; thence South 62° 26'09" West for a distance of 316.50 feet; thence North 27° 33'51" West for a distance of 391.25 feet; thence North 77° 03'24" East for a distance of 203.07 feet; thence North 55° 09' 39" East for a distance of 120.97 feet; thence South 27° 33' 51" West for a distance of 355.32 feet to the point of beginning. EXCEPTING THEREFROM: Commencing at the Southwest corner of Lot 81, Block ZZ, DESCHUTES RIVER WOODS, a duly recorded subdivision; thence South 62° 26'09" West along the Northwesterly right of way line of River Woods Drive, a distance of 75.41 feet to the point of beginning for this description; thence continuing South 62° 26' 09" West along said right of way line, a distance of 241.09 feet; thence North 27° 33'51" West, a distance of 391.25 feet; thence North 77° 03'24" East, a distance of 203.07 feet; thence North 55° 09'39" East, a distance of 44.95 feet; thence South 27° 33' 51" East, a distance of 345.68 feet to the point of beginning. Reserving unto grantor an easement along the Southwesterly 20 feet of the above described property. Transaction #2 description (September 1989) A tract of land located in the Northwest quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section 27, Township 18 South, Range 11, East of the Willamette Meridian, Deschutes County, Oregon, which is described as follows: Commencing at the Southwest corner of Lot 81, Block ZZ, of Deschutes River Woods subdivision, thence South 62° 26'09" West 75.37' to the TRUE POINT OF BEGINNING; thence S 62° 26'09" W 120.34; thence N 27° 33'51" W 359.77'; thence N 77° 04'10" E 78.26', thence N 55° 09'39" E 44.99'; thence S 27° 33'49" E 345.70' to the TRUE POINT OF BEGINNING, containing 0.96 acres more or less. EXHIBIT A PAGE 9 THIS PLOT PLAN IS PROVIDED AS A Q COURTESY BY FIRST A ` • INSURANCE COMPANY OREGON TO 8 700 R` ASSIST IN LOCATING S JD PREMMANO 8700 I' THE WAPANY ASSUM S NO LIABILITY FOR ITS ACCURACY Of ~ FOR MAMRS THAT MAY BE DISCLO D BY A SUflVEY. V~ V~ ~A~ VY ~~IWYY ~1~1 $ 1064 ti N co n v v m co 8400 8300 82 83 84 83C w&-_, PAO?e (at 00 80 8 0 EXHIBIT PAGE 9 200 ss ° 0ESG H U 3 81 3\`u E e 1S FlRo t)ED AS A / g RTE-sy BY FIRST ~ rVl • .O' o' . PW E ('MPA` NY OREGMT4 8700 , ASSW IN LOCATM lD PRE7 8700 i 0 THE COMPS ASWM S No Lwam FOR ITS AOCURACY 0 FOR M9 7M IW MAY BE D1SCL0 BY A SURVEY. w ww a 144 co f N Q G co PARCEL BEING r =400 ANNEX ED EXiSTI N6 ~CyUNI~p,Ry ` ` _ 300 OF MCHt765 Co. RORAL ME TIOki ffs 200 Dlsneict »Z U ; . ESG Pas 80 a ! 83 84 8Z i' r' w 85 O, ~ 6600 a~~• 2 6700; 17 !5 6300 $ _ aao _ 14 6200 $ 0 D EXHIBIT A- PAGE _II See Mao IB II 276 0 z m 0 mN cn m _ C N -4 Nm - o~OD 0 (n o' Z= ~m ao o~ o, a> N V b U ~0 0' PO O V V) b OD N J D EO N D EXHIBIT _~PAGE6 EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, the Wade Annexation, to Deschutes County Rural Fire Protection District #2 will be held on December 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. Alsal 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 Michael M. Daly, Vice Chair To be published in The Bulletin: November 14, 2005 and November 28, 2005 To be posted: November 14, 2005 EXHIBIT "B" - ORDER 2005-135 (11/09/05)