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2006-685-Order No. 2006-096 Recorded 7/5/2006REVIEWED LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL IIII ~IN~IAIII~N 2006-6 CLERKDS CJ 2006'605 07/05/2006 02;34;28 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Brizee Annexation into the Deschutes County Rural Fire Protection District #2 ORDER NO. 2006-096 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 May 5, 2006; and WHEREAS, the Deschutes County Clerk's Office has verified that the annexation petition was signed by the real property owner within the areas to be annexed; and WHEREAS, a public hearing was held on July 5, 2006, 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 Deschutes County Rural Fire Protection District #2; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Brizee petition for annexation into Deschutes County Rural Fire Protection District #2 attached to and referenced in Order No. 2006-076 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 Brizee Annexation and as set forth, shall be known as the "Brizee 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 Brizee Annexation is declared to be annexed into Deschutes County Rural Fire Protection District #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 Deschutes County Rural Fire Protection District #2. PAGE 1 OF 2- ORDER No. 2006-096 (07/05/06) Section 6. The purpose of this District is to provide fire protection services within the District. Dated this 5f' of July, 2006 BOARD OF COUNTY COMMISSIONERS OF DESCHUT S COUNTY, OREGON R. LUKE, IZ-) ATTEST: Recording Secretary BEV OLARNO, VICE CHAIR /'W' Z' ( EL . D LY, C ISSIONER PAGE 2 OF 2- ORDER No. 2006-096 (07/05/06) vra 287 '16 RNZEE ~PfRceL DESCRIPTION SKEET A tract of land located in the Noi;hweit Quarter of the Northwest Quarter (NW-1/4 NV-1/4) (Lot 4) of Sectior. Three (3), Township Seventeen (17) South, Range Eleven (11), East of the Willamette 1ltri4ian, Deschutes County, Oregon, described as follows: Comnoncing at the Northwest corner, of said Section 3; thence North 89' 39' 40" East along the North line of said Section 3, a distance 4vilo.00 feet, to the Point of Beginning; thence South nO* 10' 46" e.sti,parallel with the West line of said Section 3, a distance of } feet; thence ?north 89' 59' 40" East, parallel with the North ~x~ lf,e bf said Section 3, a distance of 511 feet, more or less, to the is st•1.400 of said XW-1/4 of the NW-1/4; thence Northerly along said 14ae 341 :feet more or leas, to the North line of said Section 1 thence South 99' 59' 40" West along said North line. a distance of 11'. at.f, sore or less, to the Point of Beginning. 61~lC1YTO the,t portion of the above described Tract of lying within right-of-way of Tunalo Reservoir Market Rated. `ter DJdL`Y ?0 ark access easement across the Easterly 30 feet of the ` acrib#d;Tract of land. DESCRIPTION SHEET j~~21C C- "?fW,6ZL_ 2__. A tract of land locared in the Northwest Quarter of the Northwest Quarter (NV-1/4 NW-1/4) (Lot 4) ~f Section Three (3), Township .Seventeen (17) South, Range Eleven (1I), dazt of the Willamette Neridian, Deschuter County, Oregon, described as :ollow*: ` Co+►aeuclugat the Northwest corner of s.:id Section 3; thence North 39 40' East along the North line of said Section 3, a distance ,'b#-910.00 fast; thence South 00' 101 46' West, parallel with the West Me .of-4fAd Section 3, a distance of 341.65 feet to the °oint of 4'S«t=anittE thence continuing South 00' 10' 46" West, parallel with id.ileet line, 123.35 feet; thence South 89' 59' 40" West, parallel `vith_thd'North 11ae of said Section 3, a distance of 529 feet, more oiE less,-,to the centerline of the Tunalo Irrigation District Canal; thence Southeasterly along said centerline 1200 feet, ere or less, I tAe gait line of said RN-1/4 of the NW-1/4; thence Northerly along x &Ad.list line 570 feet, more or less to the intersection with a Vna_that"bears Worth 89' 59' 40' East and passes through the Point f `81e tUaiaa; thence South 89' 59' 40" West along said line 511.00 gets 6ri or less, to the Point of Beginning. -X(A , t >131~1J>iCi TO an access easement across the Easterly 30 feat of the A5 vi described Tract of land. METUR UM- an access easement being 30 feet in width and lying ~/figlxlT of and abuttinb the following described line: Beginniag at 4 3<datbeilst corner of t1.a above described Tract of land; thence Xdrths.rl#` along the East line of said XV-1/4 of the NW-1/4-311 feet, ' r~, "'Jft or ass, to the Southerly right-of-way liae of Tunalo Reservoir tliil[tE ItOod: ` EXHIBIT _PAGE 1 ~~E fL V_ D 0-Ff+ 2- (CL- 3 DESCRIPTION SHEET A tract of land located in the Northwest`Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section Three (3)8 Township Seventeen (17) South, Range Eleven (11) Bast of the Willamatte Meridian, Deschutes :County , Oregon, described as follows t x'"1 Commencing 'at the Northwest corner of said Section 3; thence South 0°10'46" West along the West line of said Section 3, 649.17 feet to the Southwest corner of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 3 and the true point of beginning for this ` description; thence continuing South 0.10'46" West along the West line of said Section 3, 150.00 feet; thence North 89.59140" Bast 450.00 feet; thence ' North. 0.10146" East 240 feet, more or-less, to-the centerline of an irrigation canal; thence Northwesterly. alo ng said centerline to the intersection with the West line of said Section 3;-thence South 0°10'46" West along the West line of said Section 3,.540 feat, more or. lose, to the true point of beginning. Y a "-SUBJECT TO a road and utility easement across the Westerly 10 feet of the above described tract. SUBJECT TO a road and utility easement across the Westerly 20 feet of the Southerly 150 feet of the above described tract. • ,tm 4 ,ham'-`` s Y= ' .TOGETIMR WITH I ~z THE RIGHT FOR INGRESS AND EGRESS. AS DESCRIBED UNDER'-THAT CERTAIN EASEMENT AGREEMENT RECORDED ON MARCH-18,1965: VOLtTt 112 PAQS,484. 1. i..j it?. a i ..b. ILLI sic- N -ipl L LA FN VL_., The Northeast Quarter of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4 NA 1/4) of Section Fourt (4), Township Seventeen (17) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, orogon. EXCEPTING THEREFROM that part lying within TLmalo Reservoir Road. IM 1HER WI111 an easement for roadway access as set forth in (Tnx I.ot No. 17.11.4A-10(1 Scrial Nn. 131511) instrument recorded March 15, 1965, in Volume 142, Page 484, Deed Records. THIS INSTRUMENT WILL NOT ALLOW US OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REOULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is -0-. (Nero comply with the regeiremenu of ORS 93.(30) EXHIBIT PAGE 0 CLvto-2 'l©DG - (o sIAni Es - A tract of land containing ten acres, more or lose, described as follows; `V Tax Lot 1400 Township 17 Range 11 Section 4A That portion of Lot Two (2) of Section Four (4), Township Seventeen (17) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, lying North of the Tumalo Irrigation District Canal. Together with appertnant Tumalo Irrigation water rights to the land, approximately three acre feet. ' Togethor with any or all road, ditch, canal, power line, etc., right-of-ways or easements of record. The Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4) and the East Half of the Southwest Quarter (H 1/2 SW 1/4) of Section Thirty-three (33), Township Sixteen (16) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, EXCEPT that parcel described as follows: Beginning at the quarter corner on the South line of Section 33, Township 16 South, Range 11, E.W.M.; thence West on the Township line 1320 feet to the Southwest Comer of the SE 1/4 SW 1/4 of the above described Section; thence North 0'0X Bast on the West line of the above described 40 acre tract; a distance of 1140.1 feet; thence South 3826' East 50 feet; thence South 09 *58' East 1135 feet; thence South 44 * 36' East 2615 feet/ thence North 83'04' East 62.8 feet; thence South 71'26' East 98.9 feet thence South 56 46' East 219.0 feet thence South 5506' East 2105 feet; thence South 65`11' East 204.0 feet; thence North 66*31' East 95.4 feet; thence South 76*44' East 87.0 feet; thence North 61 * 06' East 1232 feet; thence South 85 * 16' East 60 feet; thence North 84'01V Bast 32.6 feet; thence North 0656' But 60.4 feet to a point on the Bast line of the above described forty acre tract; thence South 5835 feet on said East line to the point of beginning: SUBJECT TO: 1. Reservations in patents from the United States of America and all other easements, rights of way and encumbrances of record; 2. Rules, regulations and assessments of Tumalo Irrigation District. EXHIBIT-A_PAGE~ ~(Lq~~YL W06 -9~ ~I Pt . A v D~j m / 1 18220 i OI `~G I N ~f O ~ cD N , o hWl W 64518 ~ N RO.. KxS2 ING ,R. o t] C3 64420 18349 0 r 18340 0 0 co g m W O2 64545 rn v _ w r ? t 18460 a o o c P do - fA O 18355 18540 18359 a, C N N t~. w 18431 ca w rn CT 18365 RINEHY, RE R, i o -~f gee o o C) 0 0 0 0 0 m 1 60 i EXHIBIT- PaE [ ~z-n g Zook it NWI/4 NWI/4 SEC 3 T. 17 S. R.I IE.W.M. DESCHUTES COUNTY I" =loo' See Moo 17 11 DCRFPD #2 BOUNDARY_ BRIZEE BOOTH EXHIBIT PAGE 4-LL v~~tL wo& - Qb 17 11 3BB S.. Map 17 II r ~y v O rr-` -n M m C40 v N C /1...~J v M D EXHIBIT V PACE Z m o m C/) N n m = n c o m C o C Z { m ~A D ptLnr~'~- 1150& - gb A N m m c1 m --r s a = z tn o° m o 0 0 O' C Z { m 0 0 s 0 N V/ W W TT V 0 Z O N Pi V_' Z :0 om W W EXHIBIT_ZpAGE ti J -TES C ~O to 2~ Community Development Department WAX A"% Planning Division • Building Safety Division • Environmental Health Division 117 NVV Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http://www.co.desch utes.or.us/ cdd/ MEMORANDUM DATE: May 23, 2006 TO: J. Allison Hilber, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Associate Planner RE: Annexation to Deschutes County Rural Fire Protection District No. 2; Brizee Annexation, Your file no. 16-575 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 6 21n~ 6 v 14f )y /r 6