2006-1066-Order No. 2006-160 Recorded 12/27/2006REVIE
LEGAL COUNSEL
DESCHUTES
NANCY
COUNTY CLERK DS ~J Z~Q6- Z
COMMISSIONERS' JOURNAL
111 111511 12/27/2006 01:15:13 PM
2006-1066
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date For
Public Hearing for Petition filed for Miller Tree
Farm Annexation into the Deschutes County
Rural Fire Protection District #2
* ORDER NO. 2006-160
*
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 October 18, 2006; an inconsistency in the legal description was cured December 19, 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 24, 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 Deschutes County Rural Fire Protection District
No. 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, January
24, 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 January 9, 2007, and January 19, 2007, and posted on
January 9, 2004, 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. 2006-160 (12/27/06)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to January 24, 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 , 2006
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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ATTEST:
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Recording Secretary
PAGE 2 of 2- ORDER No. 2006-160 (12/27/06)
BEV CLARNO, VICE CHAIR
PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #2
Ta: The Board of County Commissioners Deschutes County, Ore
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The undersigned, in support of this Petition, state as follows: In
1. This Petition for Annexation is filed pursuant to ORS 98.7D5 to 198.955 J
: i
2. This annexation Petition affects only Deschutes Coun -and-Des"s -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, and that all signatures were obtained on or after the 7 t h day of M a r c h
2006
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 annexed 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
Datedthis 23rddayof March 2006
NAME Miller Tree Farm LLC NAME
ADDRESS110 NE Greenwood Avenue ADDRESS
Bend, Oregon 97701
PHONE 541-382-2022 PHONE
Approved by the Board of directors of Deschutes County Rural Fire Protection District #2 this
day of
Approved by City of Bend
Board of Directors DCRFPD #2
By:
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EXHIBIT "A"
Name- Miller Tree Farm LLC
•
Address: 110 NE Greenwood Avenue
Bend., OR 97701
Tax Lot dumber- 17-11-6002, 17-11-6201 & a portion of
17-11-6205
Property described as:
The South Half of the North Half (S1/2 N1/2) and
the South Half (Sl/2) of Section 35, Township 17 South,
Range-11 East, of the Willamette Meridian, Deschutes County,
Oregon.
Except that portion lying South of Skyliners Road.
Reference the attached Exhibit "A" Legal Description
for additional property proposed for annexation.
12/20/2006 11:20 5413892907 PAGE 02
MILLER TREE FARM, L>LC
LEGAL DESCRIPTION
For Petition for Annexation
Deschutes County Rural Fire Protection District 42
PARCEL I (Tax Lots 0002, 6201, 6205):
A tract of land in Deschutes County, Oregon, comprising a portion of Sections 27, 34,
and 35 in Township Seventeen South, Range Eleven Mast of the Willa.inettc Meridian and
described. as follows:
The South half of the North half of Section 35;
And that portion, of the South half of Section 35 lying northerly of Skyliners Road;
And the adjacent land in Sections 34 and 27 described as follows:
Beginning at the Southwest corner of the above described property. which is also the
Southeast corner of Section 34; and continuing westerly along the South section line of
Section 34 for 2803.61 feet to a point which bears South. 89° 57' 23" West, 163.61 feet
from a. 3 inch by 30 inch iron. pipe with 3 inch brass cap marking the South one-quarter
corner of said Section 34; thence North. 42° 5814" Bast for 615.78 feet; thence North
34° 49' 03" Fast for 357.11 .feet; thence North 10° 43' 50" East for. 113.59 feet; thence
South 81 ° 08' 56" West for 622.64 feet; thence South 34° 26' 56" West for 921.52 feet
to a point on the South line of said Section. 34; thence continuing westerly along said
South line for 1.984.66 feet to the Southwest corner of Section 34; thence northerly
along the West line of Section 34 for 2496.1 feet, thence East for 208.33 feet to a post
marked "27, :from which the West quarter corner of. Section 34 in said Township bears
North 55" 22' West a distance of 253.2 feet; thence South 0° 37' West for 1488.8 feet to
a post marked "28"; from which the Southwest corner of Section 34 in said Township
bears South 10° 18' West a distance of 994.34 feet; thence North 54° 33' East for 1318.0
feet to a post marked "29"; thence North 33° 49' East for 599.7 feet to a post marked
"30"; thence North 59° 11' East for 693.5 feet to a post marked "31"; thence North 55°
23' Fast for 796.6 feet to a post marked "32'"; thence North, 28° 54' .East for 572.0 feet to
a post marked "33"; thence North 38°2' East for 599.8 feet: to a post marked "34";
thence North 430 54' 40" East for 1997.12 feet to a post marked "35"; from which the
Southeast corner of Section 27 in said Township bears South 67" 49' East a distance of
453.0 feet; thence North 370 49' 58" East for 677.16 feet to the East section. line of
Section 27; thence South 0° 1' 07" West along said section line a distance of 709.87 feet
to the Southeast: corner of Section 27; thence continuing southerly along the East section
line of Section 34 for, approximately 1320 feet to the Northwest corner of the South half
of the North Half of Section 35, previously described.
Created by Connie Marshall
12/ i. 6/06
12/20/2006 11:20 5413892907 PAGE 03
MILLER TREE FARM, )LLC 2
LEGAL DESCRIPTION
For Petition for Annexation
Deschutes County Rural Fire Protection District #2
PARCEL 11 (Tax Lot 5800):
A tract of land in Deschutes County, Oregon comprising a portion of the Southeast
Quarter of the Southeast Quarter of Section 27, Township Seventeen South, Range
Eleven East of the Willamette Meridian and described as follows-
Starting at a post marked "14'", from which the :East Quarter corner of Section 27 in said
Township bears South 29° 2' East a distance of 182 feet; thence South 40° 23' West for
619.8 feet to a post marked "15"; thence South 15° 54' West for 299.9 feet to a post
marked "16"; thence South 19° 36' West for 762.8' to the point of beginning on the
North line of the Southeast Quarter of the Southeast Quarter of Section 27.
Thence South 191 36' West for 136.3' to a post marked "17"; thence South 34° 51' West
for 164.8 feet to a post marked "18"; thence South 50° 27' West for 2116 feet to a post
marked "19"; thence South 68° 57' West for 200.9 feet to the West line of the Southeast
Quarter of the Southeast Quarter of Section 27; thence northerly along said West line
471.8 feet to the Northwest corner of the Southeast Quarter of the Southeast Quarter of
Section 27; thence westerly along die North line of said Southeast Quarter of the
Southeast Quarter of Section 27 for 492.1 feet to the point of beginning.
Created by Connie Marshall
1.2/1.6/06
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EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Miller Tree Farm Annexation to the
Deschutes County Rural Fire Protection District #2, will be held on January 24, 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 388-6623.
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: January 9, 2007 and January 19, 2007
To be posted: January 9, 2007
EXHIBIT "B" - ORDER No. 2006-160 (12/27/06)
