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2006-156-Order No. 2006-052 Recorded 2/24/2006
REVIEWED NANCYUBLANKCOUNTY ENSHIP,F000NTY CLERKDS OJ 1006'156 COMMISSIONERS' JOURNAL 02/24/2006 03;33:30 PM LEGAL COUNSEL II ill II(III 2-1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition and Setting Date For Public Hearing for Petition filed for Pensco Trust * ORDER NO. 2006-052 Comany Annexation into the Deschutes 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 or about February 9, 2006; 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 March 22, 2006; 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, March 22, 2006, 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 March 6, 2006 and March 14, 2006, and posted on March 6, 2006, 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. 2006-052 (02/22/06) Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to March 22, 2006 (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 thi aIt o~ 2006 BOARD OF COUNTY COMMISSIONERS OF DESC HS COUNTY, OREGON dGra. R. LUKE, CHAIR ATTEST: Recording Secretary BEV CLARNO, VICE CHAIR MICHAEL M. DALY, COMMISSIONER PAGE 2 of 2- ORDER No. 2006-052 (02/22/06) Uci. t7. RV) 4:42rm PLMU 10/2,4/2005 11:29 FAX 5413884274 AG EDWARDS AND SONS No. 45.04 P. 2 10002 PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY RURAL FIRE PROTECTION 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 ammo on. Potition affects only Deschutes County and Descbnrtes County Rural Fire Protection District 02 (DCRIFPD 02) 3. The principal act for DORM #2 is ORS 478.0-01, et secl- 4. The territory that is subject: to this petition for arv xatiort is primarily un-inbsb1t0d. The attached petitions in support of this axmexation are signed by land owners and registered voters in the area proposed to be annexed as indicated opposite their respective si and that all signatures were obtained on or alter the _;Z~day of o C i'of W2 , p0 5. It is requested that the proceedings be taken for the annexation of said tr mtol;y to Deschutes County Rural Fire Protection District 02, Deschutes Com3M Oregon. A desa option of the boundaries of the territory to be annexed is attached hmto and marked Extu'bit "A" 6. That said petition has been signed by 15 percent of the electors, or 100 electors whichever number is lesser, or 15 owners m owners of 1.0 percent of the lend, (whichever is greater) within the area roposed to be am=ed. Dated this da of o l R '1 v v~ NAMME~St:. NAME 1. o~. PENSCO tCom ADDnSSQ•0 C CPS ADORMS FBO .Droll U~ Am. No.: do FENSCO, lnc• 150 Smmme Stmer. 14' Floor Cx~ ] San F CA9111-3806 P~ C VQm00$2663 152 I-05M AM3(415) 9563016 ^A-1 = w f PHONE 7,-t4 - r;6U K2 -PHONE Approved by the Board of directors of Deschutes Co" Rural Fire Protection District 42 tts S day of N©~~ '~®G Approved by City of Bend Board of D rectors D #2 By: By EXHIBIT PAGE ( 701 • SECURITY DEPOSIT ORS 198.775 REV. S/14/93 FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION ❑ FORMATION ~ANNExATION ❑ WITHDRAWAL ❑ DISSOLUTION `l z ICI k- T L-a Cv . . rP~ ` Z District No. of precincts in district ® $ per precinct = $ total a t (maximum of $10,000) PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT 1. NAME (PRINT) / ( a SIGNATURE RESIDENCE ADDRESS -2-415-2- 7~~ 74-oh MAILING ADDRESS (IF DIFFERENT) CITY,, STATE, ZIP CODE~r1~~ De GtZ i AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* (CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 7 2. NAME (PRINT) SIGNA1 Lj7 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 DFF]FIMENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT IGND OF CONTRIBUTION:* ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT CHIEF PETITIONERS we hereby decl4re if t costs of the attempted formation, annexation, withdrawal, or dissolution of i 2'~(t i ~z S CC , * ? district exceed the deposit, I/we will pay to the county treasurer the amount of the excess costs (ORS 198.775). 1. NAM]](PRINT) G A9-A4 i s SIGNATURE (4z X---Jk ~ RESIDENCE ADDRESS 2 s- s-< 12(--~) DATE t I LAC o MAIJ NG ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE-V-X,0D 0Z DAY TELEPHONE 54 t -~-W - i2.-i 2. NAME "INT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF L) ME--M CITY, STATE, ZIP CODE DAY TELEPHONE 3. NAMI3 (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE *Prar:de additional description of seauity deposit on revere or separate sheets. Additional cmtn'butors may be listed on separate sheets and attached. EXHIBIT A PAGE Z 01/20/2006 09:24 FAX 5413884274 AG EDWARDS AND SONS Q002 AI wl NI d O o OIL a o F a - d d ~ d ~ i ~ . d d i d , d cc 040 &02 4 Co y 0 elpz~•~saz~er g: - a',e x~ xe z~er xe x•e z~e~vtaq~z-c H °0 81o w~o 5tob; po $S o~ f II I~ JJ~ III If~ ll~, IIsfJ~~ o R County of Deschutes ) ss. SUBSCRIBED AND SWORN to before me this State of oregon. ) day of 20 t.- ccrii~y thdl~lcirc~le_~,;•t , 1 this pc3S3't tn7 n sr~i x9~o siLncc3 thu prtiUod fl so , ACC. bis ~V (2 ~1 " Sew rt rotary FuMtc for Gregon T VV- . N My commssiou Expires: signature O U H EXHIBIT A PAGE CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of > a'" ~'~Lt~SCa ss. YSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) 4 2 4 6 / Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) GtORGIO LONG THE TR/W Commission #t 1629506 Notary PubNc - CaNWO Sot Francisco County 1*'MyComm. E Dec 13. Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this z o day of 2vo ( • by Date Mon Year (1)eaVlyl~( ~Pa~ CS ~yt✓ Name V Signer Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) Name of Signer ❑ Personal nown to me ❑ Pr to me on the basis of satisfactory evidence o be the person who appeared before me.) OPTIONAL Sigp`fj lure of Notary Public Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent W611 It, L, I :ql fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document LaMA ow ntN I VA ti^e Pra po T4 r Title or Type of Document: iAe-r-A Va1Cy/ i✓t -K, ?npSnA_7,_r'z Document Date: 51,l;i^Vj' V\ /DLO (0 Number of Pages: Signer(s) Other Than Named Above: 02004 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5910 Reorder: Call Toll-Free 1-800.876-6827 EXHIBIT PAGE PENSCO Trust Company Board Resolution I, Chris Radich, being duly constituted Secretary and Clerk of PENSCO Trust Company, a company organized and existing under and by virtue of the Laws of the State of New Hampshire, hereby certify that at a meeting of the Board of Directors of said organization duly called and held on the 16th of December, 2005, at which time a quorum was at all times present and voting, the following resolution was duly adopted and that the same has not been repealed and amended, and remains in full force and effect, and does not conflict with the Charter, Articles of Incorporation, Bylaws or rules and regulations of said organization. RESOLVED THAT: TOM ANDERSON, President and CEO DENISE BROUSSARD, Vice President, Client Service DAVID DEAN, Vice President, Operations EDWARD JAMGOTCHIAN, Asst. Vice President, Operations JEANNY LO, Vice President, Real Estate Investments ARMANDO QUINTERO, Asst. Vice President, Operations CHRIS RADICH, Vice President, CFO, Secretary, Treasurer and Clerk JIM WEINBERG, Asst. Vice President, Private Placements BELINDA SAVAGE, Vice President, Private Placements acting singly or jointly with any other officer of The PENSCO Trust Company, be, and they hereby are, fully authorized and empowered to purchase, sell, assign, borrow and transfer shares of securities, bank and government investment instruments, limited partnerships, real estate and all other assets now standing in the name of The PENSCO Trust Company for the benefit of clients or their beneficiaries and to make, execute and deliver any and all written instruments of assignment and transfer necessary or proper to effectuate the a ority hereby conferred. Date: J ct v.u "1 2~1 6 Chris Radich Vice President, CFO, Secretary, Treasurer and Clerk EXHIBIT A PAGE 5 EXHIBIT "A" Name: r S~ ~ ~c o2Vtcl Address: Tax Lot Number: q0 t Z Property described as: -k Aa27T-s ncA,~ TLjt~- Ic?q( _ (,O,l ~ z V4 `7 `T- 3 S 2 V4- F- ~c CO . CY-. EXHIBIT A PAGE PAR-n-nON PLAT NO.10A6 GI SURVMR'S NARRAM Tho pugs., el th. o-Y .m to port mot Paed of tans noon door n ih. Surooya'. C.rtdam. to too ..pooh porwl. of to 4 canes rv u. wrwr .m sw.d m o Pr.•.u• ..wr by s.l Canby EA bt 5yel for 5-1) Land Potd.n 1P- 94-1f td-. 2. ; p obbon Plot t N Me 1145-1) 1) TM .otod ymotl mooponlmn° nb M apod. Pad. m .o of eur t naAnrwb/an6GEMfA• as- touroard ths M1rwr - o. m ,now m m. pee mp o1 f as polHlm MINOR'S CRR77 UM L MO1AEL N IY[ . R.adatl Pndo,nad Lo W Stnoyo, n vb for th. Std. of O,.quh bang IHt •Ar ..04 dpow aW ..y uaL 1 a mooo mar nY er.d n1P.rY..n Moo ea.wDr .u.Ytl oft Wgd mawnmb the laW Nww m a. P.Mm 11.p aW not a. fffoooq d,.ophm d .eW t 4, b-od Pond ; YP-94-11, odhn tll. Saull.ool m.-aq(a' d S.ctnn 7. Toots. 16 SwM, pag, /4 Ea.l of its MOmwtb mS-=l 0, C-" h.9, bong men pt b,.IMy d..v.d as idlow 6mr9 a S/ 6'M rv.io°aW Mg d Pnl e7• al~arlg6l., S.dAMr Yes of ..W b.twn 7 Nora 6715.31' Md. 69135 hot umw Nora OOWOC` 6Wt 134554 /wt, Used South 69.46'02• Eod 5643 foot. thaw. Nora M$S*W Moot 97965 NN b • pone m614 tM t:rn4H-.l-..r Ire .41 Oo4° Oedb =4 Maw m d 6714'4' m4 . Ewl s $9466 1d euaatr of mb d- 170my89 fo fot t Road ebnq the we of .51296 leol n4na am. I.R, a. bard of of,l boar. Nam 76150]• E.N 169 B6 oot b o pool m 9. Eo.lalr iw of sold Shcon 7. umw .eW Eodalr bw d .oW S.dm 7 Swth Otlr31• Moot 262919 /wt to m. Soutl m Dena of .ad S.dm 7 arts its pent d botp,-9 Cantmn9 4009 Dow, nwre or boo MARMON. KNOW All lld BY THESE PRESENTS, ad w GERALD YAESNER a10 CTNTM YAESNER, kob W and o k w oars. of th. Imo brow m the ,a rep. haw anwd wW 1~ to b. pa- ..d to oporate Pond. d land n ocmr 'Ift D. pn..m. d OR S Chpto 9; GEM baobr - a 1000 fool mt Ia uddy pupow w mem m .ad plot. oW do hs.by arbnd A. .ppr.W and - .a° It- Land Portdm MP-95-16 /dD M 4AESNER - DAIS 9g eya1MYn` /SO A A AESNFA ACMO1fLRDCHYHNT. t31 th Ir Y oft 1996• Mon m. a Rotary PubNe n aW for a. St of Or.9m, Pawndly app.w.d GERALD YAESNER and CYNIMA YAESEN, b.band and d4 to we po-ily boron a Proved to o,o by ooMwtery .M-rw to M m. Wmt-i pa.An. d..a•d ha n, ,Aro -ter uw bro9ong bdaot.n aW .doad.dgod to no ad they did w hear o,$ whntalr b Oro papa. 0,~ n..r.d Sub.vb.d and men b.fon w. a.-/S_mr of 1996 0 °z SCALE 1-200' ~4 . ___,CHUM COWRY a#WE M 'BY SUN COUNTRY ENCNQRDIC & SURt£YM% INC. 920 SE AM" RD BEND. OR 97702 CS12784 Fd s/e• l rod ./ep 'saes' Fd s/6• l Raa \ not /cop Pb TOY •aIAN Fa s/e• l ed ./Ap 'saas- np1M.4 ' MINOR LAND PARTITION -014AN Ply 7oY MP-95-16 DATE 9-18-95 475- IN THE SE 1/4 OF SECTION 7. TOWNSHIP 18 SOUTH, RANGE 14 EAST, W.M DESCHUTES COUNTY, OREGON 49 t6 17 wt91Tr supYErap .1999 f de , 1998 caLN ✓D9ECIOR OF P11wM: MaPo(S DESCHUTES TY PLANNING IN QMCTOR .1998 IN wENTAL IEALTN 91 EM . 1999 yl Cg1YL59RN dT• 141 /I 1996 IY N07E Svlp TY COY - b.- , w t ho a. fl~ of Co- o .ooptanu by by Bt. Carly y o af l anY dMaNm med. ha.n b m. P.M. `tmw a. paw m d as wart. DESCHUTES N Y_t'•-TAXAX COLLECTOR 1996 1 hl-by ontdy that dl od uderan imw, qcd on.mnmt4 foot, GEM other =,=Y bo b M ylorad m tln 1995-1996 tm od bo-o . 6m m 6p. .ubdm.al dung th. cdmda r.a, but wt yd -bb.d to a. Tm Ce9.eta for eep.dm how boo, pd to m. 9ima& V.A. S - G/9 .1996 DE.u1nrTES COUII9ASSESOR /~/?X )Ir-.1996 CENTRAL OREGON IRRICAtION DISTRICT CERT NO 29052 LEG= • - Yawnarb bond w rrolM 0 - SdbM'SLS S/6' M.n od rwe, cq fna9T AN dMenw. m rand and o-od (Pact- Plot N. 1995-1) L YrrAMd M T^ oatdy thd a. is •7trw ~aW /ry~J-.~ct mar f YP-95-18 DATE ADE. M D / 3139 M ONE OF OIE EXHIBIT PAGE v w~ iL~ W C CL ` p Od ~e 1 NLVON 0 e - 14 0 0 = I 14 IL i n.oal 9099.00 N F ° • g~ s m all z J43 ; CL Z$ 'Lill roll $ g$a Ing r .r VL~ - W1~~ W M .90,99.00 N EXHIBIT A PAGE 16 h~ 2mm~ H1HON h y 41 P!lE till" .ll EXHIBIT A PAGE SECTION 7 T18S. R.14E.W.M. DESCHUTES COUNTY C-Ile4Pa b- 301,403 1'=400' 18 14 7 1 6 12 ] ai 500 See Map 19 14 c - - - - - - 6 5 P•ri.ee pate \ 400 - ~ s s~ ~ 6 O d 4 1 `ru-9] ~I.~ I- 6-96 U o g o s ll „ a -91 3 - O ~ ` Y-a-o' 01 E-23-01 -a3 11.59 a 6.29-0! I _ PTN PARCEL 1 -4 opso 2 11 57 200 Pa R[EL 2 I t" l- 1-3 . a.ooAC 4.2016AC \ .1 _ +ct cz i..<~s.its LS [f4 i 13 A - L• PT2 1' \ \ , / \ \ W t M / / a.Ti« ` PARCEL 2 .Y' r• / ~ p~ ~ ~ - 1 1 I Q w~ati \ - 6 0 o ~ 302 e.7..a E eo I i - ILLI Z 300 8 3 • 190 Q 11.54 1 Soo I-4 (x ~J :lx PT z l9.m Ac 900 36 16 AC . Q U W 0 I b ~ V~/11 / / PARCEL I l l~ J o 6 o ~q Y , h1 1-4 G ~ ~ PARC 2 a ? - - - - - - - - - - E 13 IS See Map 18 14 7 B IB I] 18 14 7 EXHIBIT PAGE -LQ-- \ ~o \ ~ Y ~ r G co C v r n 900 36.16 AC z~ i ~M a w a M H R ON, a a A E E /oo 0 Av M , o ~ ~ n 61STPUCT A NN ISO vmp 60Y , . 18 ~E 4kV-C4S7" EXHIBIT_//t-PAGE EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, Pensco Trust Company Annexation, to the Deschutes County Rural Fire Protection District #2 will be held on March 22, 2006, 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 Dennis R. Luke, Chair To be published in The Bulletin: March 6, 2006 and March 15, 2006 To be posted: March 6, 2006 EXHIBIT "B" - ORDER No. 2006-052 (02/22/06) EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, the Black Butte Ranch Association Annexation, to Black Butte Ranch Service District will be held on March 22, 2006, 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 Dennis R. Luke, Chair To be published in The Bulletin: March 6, 2006 and March 15, 2006 To be posted: March 6, 2006 EXHIBIT "B" - ORDER No. 2006-051 (02/22/06)