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2006-1050-Order No. 2006-175 Recorded 12/11/2006COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2006-1050 REVIEWED COMMISSIONERS' JOURNAL 12/11/2006 04:30:30 PM LEGAL COUNSEL IIIIIIIII IIIIIIIIIII II IIII II III 2006-1050 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition and Setting Date For Public Hearing for Petition filed for Martin Howatt Properties LLC into the Four Rivers Vector Control District * ORDER NO. 2006-175 WHEREAS, a petition requesting annexation of territory into the Four Rivers Vector Control District was duly filed with the Board of County Commissioners of Deschutes County on or about December 5, 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 January 10, 2007; 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 Four Rivers Vector Control 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, January 10, 2007, 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 December 22, 2006 and January 5, 2007, and posted on December 22, 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. 2006-175 (12/11/06) Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to January 10, 2007 (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 of 006 ATTEST: 104m- Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON R. LUKE, CHAIR BEV CLARNO, VICE CHAIR - '6 MI L A. DALY, C MISSIONER PAGE 2 OF 2- ORDER No. 2006-175 (12/11/06) PETITION TO ANNEX PROPERTY TO (Name of District) To: The Board of Ccunlsy • ^ ' y~~~ vvii2:i::Cs1411Gr.C. 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 roLbl^ Cis ~ec a~r 1`.^•~ !y- Name of District) 3. The principal act for Rs (/2C/or ~h~re is ORS (Name of District) (Proper statutory reference, see ORS 198.010) 4. The territory that is subject to this Petition for Annexation is primarily inhabited /'`uninhabite (circle one). 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 signature, and that all signatures were obtained on or after the day of 4 G+. , 200 . 5. It is requested that the proceedings be taken for the annexation of said territory to p o"J~ , JZ,. oS Vs-c--g- fC•v~t , Deschutes County, Oregon. A descrlptlol of the pow iua,yes of the territory to be annexed is attached hereto and marked Exhibit "A" and depicted on the map attached as Exhibit "B". 6. That said Petition has been signed by at least 15 percent of the electors, or 100 electors whichever number is lesser, or at least 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. DATED this 3 day of _Dcfde'~ ,200. Name:. AR i I tj ?v-pp LLC-Name: "ddress: 1(,72 /%O 4 T- j4 IbD R Address: e C> SJr~etvGrZ.iO~ 977v-7 Phone: S-~ f - c 6= mss, Phone: DATED this day of 6c- -,e ,200 G i~ . DATED this day of 9200_ C:\Documents and SettingsUaudeMocal SettingsWemporary Internet Files10LK61Peti0on to Annex Property to.doc 17/4 % 6 / r " i~ DI D f✓ (Z N O - 'W (o - tq s,- Approved by the Board of Commissioners of Name of District Signature By: (Print Name) Title: Approved by City of Order No. 12-0153304 EXHIBIT "A" Page No. 6 A parcel of land located in the North Half (N 1/2) of Section 14, Township 21 South, Range 10 East of the Willamette Meridian, in Deschutes County, Oregon, being more particularly described as follows: The East Half of the Northwest Quarter (E'/z NW I/4) and that portion of the Northeast Quarter (NE 1/4) lying Westerly of the plat of Lazy River South, First Addition, EXCEPTING any portion lying with roads, streets, or highway. 60l 600., ~400 600 1 o I f goo A COMPLIMENTS OF WESTERN TITLE & ESCROW 0082 THIS MAP IS NOTASUROEY E r'~$SUhAE iuQ U.~RIL.~ ~ ri~s: 1RA(''^ 9"(1-811 Ago 600 1401 J /-Z B 1 13. AP SEE MAP _a1 » o3. c, SEE M P 1-56) 1 10 15B 21 10 15A f ?0 4o.v o ~ 21 1 B 1600 h W~ SEE ~ ~ SEE MAP SEE MAP SE MAP SEE MAP RI _ER_ I C % l 1 10 15C 21 10 15D 21 14C 21 10 14 ~w 3~ we.;r 1600 SEE MAP SEE MAP SEE MAP SE AP 21 10 22B 21 10 22A 21 1 23B 2 23A C SEE MAP SEE MAP SE MA (1 27) P AP ~I 10 22C 21 10 22D 21 10 23C 10 23D 5•~9'SS (1-25) SEE MAP SEE MAP SEE MAP MAP Lc 10 /~27B 21 10 27A 21 26B 21 26A L c -eh GCr ~yo P?~ T-o b c n ~.cc~ ll. ~ W N z z z z z_ CD J f ~ y z I ~ 77 ►i` I I I I i l I ~ U d d d d ~ C4 9 d ~ d p p ro to p W C7 p t rn U p T~ J p d 4 nd~ Z z n t y z z n t y z C Z ttri ►C tn7 'C hn7 `C `C ►e a a a a d a~ En g w Q~ ; 9 M d M M d M d M b ~ j TT 0 CD I I I I I ~ I bz~CSOaz'Gr ~y O (i !C n O n p Vl ~ '1 41 ' bz~C~az~r A O A A O O A p N ~ "f N ~ z C7daz-tr O A A O O A p H ~ '1 N , bz Gxaz^Cr O A A A O (9 p N qQ '1 H 3 z-C;t7>; A O A O f4 p C H ~ 'Y H ~ -3<`r~. 17 Ct yb t11 Y I ~l I I o I I a~I I I ol l I w I I wl I A ~l I~? I~ ~ ~Otxiyd . A 0 l o. of e e a of \a o~ N O ~ C7 d ~ ~ ~ County of Deschutes ) St t f O ss. SUBSCRIBED AND SWORN to before me this 20 ? /D Q a e o regon ) day of A Irt .tvl P/~ I, -I k i M `a r--fl certify that I circul .-A this petition, and every person who signed this petition did so in my presence. Notary Public for Oregon ~ My Commissio n Expi v Signature r~ 0 H~ v ~-3 H 19a.r'' REVS/ 14/93 SECURITY DEPOSIT 0&; FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION ❑ FORMATION : u ;i~. A riuq Q WITHDRAWAL ❑ DISSOLUTION ell LL~ 121vu~ .e~t.~ the District No. of precincts in district ® $ per precinct = $ (maximum of $10,000) total deposit PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT 1. NAME (PRINT)-.~~ SIGNATURE'S RESIDENCE ADDRESS 11"7 I~ot227 hkW b+2 (.,ck P. a `t '7 -13 MAILING ADDRESS (IF DIFFERENT) -Q R.8 X- L,~'Z'Z 9 CITY, STATE, ZIP CODE S v2, a l2 y AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT 2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBLMON/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTIOW ❑ 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 CONTRIBUTIOW ❑ CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT CHIEF PETITIONERS I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of tC-av ►/ee--1j'&-.- fir- I'rs district exceed the deposit, I/we will pay to the county treasurer file amount of uic excess costs (%ORS 293.775). 1. NAME (PRINT)- ADDRESS RESIDENCE MAILING ADDRESS (IF DIFFERENT) -R-0. Roy-, CITY, STATE, ZIP CODE ~.IZ-ems vi ol~ ~17a 7 2 NAME (PRINT) RESIDENCE ADDRESS 3 MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE SIGNATURE b -j W L--) lM DAY TELEPHONE 5 cf t - S 3 L-19 D-3 SIGNATURE DATE DAY TELEPHONE SIGNATURE DATE DAY TELEPHONE I I `Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached. I I LIMITED LIABILITY COMPANY AUTHORIZATION RESOLUTION Bank of the Cascades By. MARTIN MARTIN PROPERTIES, LLC t_=:= " PO Box 4445 16725 NORTHRIDGE DRIVE Sunriver, OR 97707 LAPINE OR 97739 (D'y Referred to in this document as "Financial Institution" Referred to in this document as "Limited Liability Company" WILLIAM W MARTIN certify that I am a Manager or Designated Member of the above named Limited Liability Company organized under the laws of OREGON , Federal Employer I.D. Number 33-1039512 engaged in business under the trade name of MARTIN MARTIN PROPERTIES LLC , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of all members of the Limited Liability Company or the person or persons designated by the members of the Limited Liability Company to manage the Limited Liability Company as provided in the articles of organization or an operating agreement, duly and properly called and held on SEPTEMBER 30, 2004 (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any Agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below Name and Title or Position Signature Facsimile Signature (if used) A. WILLIAM W MARTIN - MANAGING MEMBER X X B. KERRI A MARTIN - MEMBER X X C. X X D. X X E. X X F. X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power D, E, and/or F A, B (1) Exercise all of the powers listed in this resolution. (2) Open any deposit or share account(s) in the name of the Limited Liability Company. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Limited Liability Company, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Limited Liability Company as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. (7) Other Indicate number of signatures required 1 LIMITATIONS ON POWERS The following are the Limited Liability Company's express limitations on the powers granted under this resolution. EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated . If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the Managers or Designated Members of the Limited Liability Company have, and at the time of adoption of this resolution had, full power and lawful authority to adopt the resolutions on page 2 and to confer the powers granted above to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) In Witness Whereof, I have subscribed my name to this document and affixed the seal, if any, of the Limited Liability Company on SEPTEMBER 30, 2004 (date). Attest by One Other Manager or Designated Member Manager or Designated Member ~ M C 1985, 1997 Bankers Systems, Inc., St. Cloud, MN Form LLC-1 5/1/2003 (page 1 of 2) EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, Martin Howatt Properties LLC into the Four Rivers Vector Control District, will be held on January 10, 2007, at 10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon. To view the boundaries of the proposed annexation, contact the Deschutes County Counsel's Office at 388-6624. 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: December 22, 2006 and January 5, 2007 To be posted: December 22, 2006 EXHIBIT "B" - ORDER No. 2006-175 (12/11/06)