2006-755-Order No. 2006-120 Recorded 7/25/2006REVIEWED NANCYUBLANKCOUNTY OFFICIAL
ENSHIP, COUNTY CLERKS CJ ?406.155
COMMISSIONERS' JOURNAL
P. - 11 01125/2006 03;33;53 PM
LEGAL COUNSEL 111111111111111111111111111111
200 55
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving Map Correction of the Brizee
Annexation into the Deschutes County Rural Fire * ORDER NO. 2006-120
Protection District #2
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District #2 was approved by the Board of County Commissioners in July 5, 2006; and
WHEREAS, the State of Oregon Department of Revenue disallowed the annexation due to an
error on the map comprising Page 2 of Exhibit "B" to Order No. 2006-096; and
WHEREAS, the correction to the map comprising Page 2 of Exhibit "B" to Order No. 2006-096
has now been corrected and is attached hereto as Exhibit "B", Page 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, with the map correction attached hereto as Exhibit "B," Page 2.
Section 2. That the boundaries of the territory annexed to the said district are as set forth in
Exhibit "A" and depicted on the corrected map marked as Exhibit "B," Page 2 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. 2006-120 (07/24/06)
Section 6. The purpose of this District is to provide fire protection services within the District.
Dated this 24`h of July, 2006
BOARD OF COUNTY COMMISSIONERS
OF DESCH4J4E~ COUNTY, OREGON
LUKE,'(
ATTEST:
Recording Secretary
O, VICE CHAIR
C EL . DALY, CO ISSIONER
PAGE 2 of 2- ORDER No. 2006-120 (07/24/06)
_
287
-6 RN ZEE I'FrRCe L..
DESCRIPTION SHEET
A tract of land located in the Northwest Quarter of tho Northwest
.Quarter (RV-1/4 NV-1/4) (Lot 4) of Sectior. Three (3). Township
Stventeen (17) Eouth. Range Eleven (11), East of the ailla¢ette
lltridian, Deschutes County, Oregon, described as follows:
Coswoncing at the Northwest corner, of said Section 3; thence North
09' 59' 40" East along the North line of said Section 3, a eistanee
of'd10.00 feet, to the Point of Beginning; thence South 00' 10' 46"
l eats parallel with the Vest line cf said Section 3, a distance of
-i _:-t44'6'33'fe*t; thence !forth 89' 59' 40" East, parallel with the North
~Ttoo.bf said Section 3, a distance of 511 feet, sore or less, to the
la~•11aa of said IV-1/4 of the NV-1/4; thence Northerly along said
st4t ZIse 341 feet, sore or less, to the North line of said Section
=tht9cc South 89' 59' 40" pest along said North lint s d
*ore or less, to the Point of Beginning. distance of
ilY ITO thkt portion of the above described Tract of lying within
e 2' tit-of-way of Tuoalo Reservoir Market Rand.
ZaLan access easesent across the Easterly 30 feet of the
k4r iscribed, Tract of line.
DESCRIPTION SHEET
~~2 E rPfRLE 1.., 2.
A tract of land located in the Northwest Quarter of the Northwest
Quarter (l1V-1/4 HV-1/4) (Lot 1) ^f Section three (3), Township
.Eeventttn (17) South. Range Eleven (11), iazt of the Villaaette
Keridion, Deschuter County, Oregon, described as :ollowe:
• f
Co ueningAt the Northwest corner of s.,id "Section 3; thence North
"At' 40' East along the Korth line of said Section 3, a distance
:y;•;"Ot.Q10.00 feet; thence South 00' 10' 46' Vest, parallel with the Vest
of lthid Section 3. a distance of 341.65 feet to the °oiat of
illaaains thence continuing South 00' 10' 46' West, parallel with
.a _ tst lint, 123.35 feet; thence South 89' 59' 40" West, parallel
= s►lth the North Ilue of said Section 3, a distance of 529 feet, sore
'af less,.io the centerline of the Tuaalo Irrigation District Canal;
..thence Southaasterly along said centerline 1200 feet. et+re or less,
4d the East line of said DPW-1/4 of the KW-1/4; thence Northerly along
%~.=:st,id •ESaL line 510 faet, core or leas, to the intersection with a
=a >n't,.that.bears Vorth 894 59' 40' last and
passes through the Point
nE; thence South 89. 59' 40" West along said line 511.00
rb_"r lt~ hits or less, to the Point of Beginning.
< E.TEOT TO an access easesent across the Easterly 30 feet of the
NOVA daieribed Tract of land.
ITUR VIT$ an access easesent being 30 feet in vidth and lying
Y7 Of and abattias the follovisg described line: Beginniwg at
UrtSimat corner of t4a above described Tract of land; thence
~ b*tba l along the East line of said NW-1/4 of the NW-1/4.311 feet,
rtNbsi..bt leis. to the Southerly right-ofway line of Tunalo Reservoir
.y `
EXHIBIT l PAUGE~ (LSE 2®4 10to
S. %A Y DESCRIPTION SHZZT
A tract of land located in thefNorthwost-Quarter of the Northwest Quarter
(NW1/4:NW1/4) of Section Three (3), Township Seventeen (17) South, Range
Eleven (11) East of the Willamatte Meridian, Deschutes :County, Oregon,°
described as follows s 7;ri y f kS,l1
• t va `-%rsf?'gL`•-'' ,t*1~-~•
Commencing'at the Northwest corner of said Section 3; thence South 0'10'46"
Nest along the West line of said Section 3, 649.77 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 0010146" West along the West line of
said Section 3, 150.00 feet; thence North 89'59140" Bast 450.00 feet; thence
North 0110.146" East 240 feet, more or.lesa,_to-the centerline of an
n*}irrigation canal; thence Northwesterly along said centerline to the
intersection with the Nest line of said Section 3; -thence South 0110146" Weat
= along the West line of said Section 3,.540 feet, more or.less, to the true
point of beginning 'r:
SUB.7ECT 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.
TOGETM WITH & THE RIGHT FOR INGRESS .
AND EGRESS AS D)38CRI8ED UNDER -TUhT CERTAIN EASEMENT
AGREEMENT RECORDED ON t 18,1965 _ VOLt1MS 112 PAQS, 484.
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The Northeast Quarter of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4 NR
1/4) of Section Fourt (4), Township Seventeen (17) South, Range Eleven (11) East of the
Willamette Meridian, Deschutes. County. Oregon. EXCEPTING 711FREFROM that part lying within
TLmalo Reservoir Road. 1WEINIM WIT}I an easement for roadway access as set forth in
(Tax law No. I7.114A-1(X1 Serial No. 131511) instrument recorded March 15, 1965, in Volume 142,
Page 484, Deed Records.
THIS INSTRUMENT WILT, NOT ALLOW USP4 OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 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 it - 0-. Glee comply.•ah the reg.truncau of ORS 91x10)
EXHIBIT PAGE In -3
D Cz-~~2 200 G► - F~„ 0
S ~~ES
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F ' A tract of land containing ten acres, more or less, described as follows;
Tax Lot 1400 Township 17 Range 11 Section 4A
i 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
i- the Tumalo Irrigation District Canal.
t••. ~s
Together with appertnant Tumalo Irrigation water rights to the land, approximately
' three acre feet.
Together with any or all road, ditch. canal, power line, etc., right-of-ways or
easements of record.
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The Southeast Quarter of the Northwest Quarter (SE 1/4 NW 114) and the
East Half of the Southwest Quarter (8 1A SW 114) of Section Thirty-three (33),
Township Sixteen (16) South, Eleven (11) East of the Willamette Meridian,
Deschutes County, Oregon, EXCEPT that parcel described as follows: Beginning at the
corner on the South line of Section 33, Township 16 South, Range 11, E.W.M•;
West on the Township line 1320 feet to the Squthwest Comer of the SE 1/4 SW
114 of the above described Section; thence North 002' East on the West line of the
above desrn'bed 40 sae tract; a distance of 1140.1 feet; thence South 3826' But 56.9
feet; thence South 09 58' Bast 1135 feeF thence South 44 36' Bast 2615 feet/ thence
North 83'04' East 62.8 feet; thence South 71'26' Bast 98.9 feet; thence South 56 46' Bast
219.0 feet; thence South SS'W Bast 2105 feet; thence South 6511' But 204,0 feet;
thence North 6631' East 95.4 feet; thence south 7644' Bast 87.0 feet; thence North
61 0 06' Bast 123.2 feet; thence South 85 * 16' Bast 64.0 fete thence North 84 * 06' East 32.6
feet; thence North 06'56' Bast 604 feet to a point on the Bast line of the above
described forty acre tract; thence South 583.5 feet on said Bast line to the point of
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 Tomato Irrigation District.
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Community Development Department
0 < Planning Division • Building Safety Division • Environmental Health Division
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 3BB-6575 • FAX (541) 385-1764
http://www.co.deschutes.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 ~ ` /r 6