2007-31-Order No. 2007-030 Recorded 1/12/2007REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
2007-31
RECORDS
CLERK CJ 2007-31
01/12/2007 04;52;44 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date For
Public Hearing for Petition filed for Joseph
Kaczmarek Annexation into the Beaver Special
Road District
* ORDER NO. 2007-030
*
WHEREAS, a petition requesting annexation of territory into the Beaver Special Road District
was duly filed with the Board of County Commissioners of Deschutes County on or about December
29, 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 February 7, 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 Beaver Special Road 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,
February 7, 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 23, 2007 and February 2, 2007, and posted on
January 23, 2007, 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. 2007-030 (1/10/07)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to February 7, 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
104% ~ of 2007
ATTEST:
6"Ati'4'k"'
Recording Secretary
PAGE 2 of 2- ORDER No. 2007-030 (1/10/07)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Joseph Kaczmarek into Beaver Special
Road District, will be held on February 7, 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 road improvement and maintenance
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 23, 2007 and February 2, 2007
To be posted: January 23, 2007
EXHIBIT "B" - ORDER No. 2007-030 (1/10/07)
SEL704 SECURITY DEPOSIT oxsi".M
F".5/14/93
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
❑ FORMATION M ANN RATION ❑ WITHDRAWAL ❑ DISSOLUTION
District
No. of precincts in district o $ &22 ,':e' Wprecinct = $ (maximum of $10,000)
y 1 ti 7 tau MPMt
PERSONWORGANIZATIO , S P OVIDING ANY PART OF CA~ SECURITY DEPOSIT
1. NAME (PRNT) SIGNATURE 3
RESIDENCE ADDRESS
MAILING ADDRESS (IF D
CITY, STATE, ZIP CODE
--AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT ll~G
KIND OF CONTRIBUTION.* [ ] CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
2. NAME (PRU-M SIGNATURE
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 (PRINTS SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS OF DIFFEREN'T')
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ) CASH ❑ BOND ❑ OTTER SECURITY DEPOSIT
CHIEF PETITIONERS
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
A YLf g- S f'%Gik6k~ o sc> ' district exceed the deposit, I/we will pay to the county treasurer
the amount of the excess costs (ORS 198.775). -
E
1. NAME (PRIlV'I') _
RESIDENCE ADDRESS 11,/, i
MAILING ADDRESS (IF D E I")
CITY, STATE, ZIP CODE w'I jc'W ,4, t, 7 707
SIGNATURE 0,
DATE
DAY TELEPHONE sy - ? y s Ll
2. NAME (PRINT) SIGNATURE _
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE DAY TELEPHONE
3.
NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DENT)
CITY, STATE, ZIP CODE
SIGNATURE
DATE
DAY TELEPHONE
October 13, 2006
Deschutes County Commissioner
1300 NW Wall St. Ste. 200
Bend, OR 97701
Attached is a request for annexation of property into the Beaver Special Road District.
The petition has been signed by more than half of the land owners, and all of the
registered voters in the area to be annexed.
It is requested that the annexation be approved by the County Board as provided by ORS
198.855 (3) without election.
A description of the boundaries of the territory to be annexed is attached hereto and
marked Exhibit A and depicted on the map attached as Exhibit B.
The Directors of the Beaver Special Road District are in agreement with and recommend
that this petition be approved.
Directors:
President Treasurer Secretary
Robert Dry (T]y`~n Brance Davidenson Pam Stendal
Attachments: 2
PETITION TO ANNEX PROPERTY TO
ISIS' Tc~ ,c~'
51rA11t A /?A* 9
(Name of District)
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 annexation Petition affects only Deschutes County and gi A/Z SI? 12047
3.
The principal act for Q"vim1~ S/• /2-e4 D /J/S're iC T,Name ois istrict)
(Name of DMict)
ORS 3"Tl 3e~ 5- T~ 3 71 • 5`3 5
4.
(Proper statutory reference, see ORS 198.010)
The territory that is subject to this Petition for Annexation is primarily inhabited unmhabiteo
(circle one). The attached petitions in support of this annexation are signed by la ners
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 ;I- day of
200 6
5.
It is requested that the proceedings be taken for the annexation of said territory to
13G r.~2 SP~e~.c ~ZD/t o his i f~i~ r` Deschutes County, Oregon. A
description of the boundaries of the territory to be annexed is attached hereto and marked
Exhibit W 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.
X
DATED this I day of AJ o y 200f2.
Y Name:
J&5"A 14. I~az? mA-P-eik- Name:
Address: ~l" 4XI Flv Address:
c~.U y Q, uQ- t e e 9 7_07
r-
Phone:
- a z 63
S^q 3 Phone:
DATED
this _.day of #U e V 200 6 Approved by the Board of Commissioners of
Name of District
Signature
By:
(Print Name)
Title:
DATED
this day of .200 Approved by City of
Signature
By:
(Print Name)
Title:
C_1Docurnents and SettingsVauriekVAcal SettingslTemporary Internet FileslOLK&Peddon to Annex Property to.doc
EXHIBIT A
Pagel of 3
The following Parcels include all of the land requested to be annexed to Beaver Spec. Rd.
District. These parcels are contiguous to the present boundaries of the district. The
present district consists of DRRH Unit 8 Part 1, DRRH Unit 6 Part 2, and Foster Road
North from Beaver Dr, to County Road 42.
Parcel 1- Kaczmarek-Tax Lot 201035B000100
A tract of land lying in the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of
Section Thirty-five (35), Township Twenty (20) South, Range Ten (10), East of the
Willamette Meridian, Deschutes County, Oregon, described as follows:
Commencing at a 2" pipe marking the North 1/4 corner of said Section 35 as established
by W. W. Hudson in a survey dated September, 1961; thence South 0003010011 East along
the West line of Lot Twelve (12), Block Eight-four (84), Deschutes River Recreation
Homesites Unit 6 Part II, 146.67 feet to the point of beginning, marked by a 5/8" iron
rod; thence continuing South 00030100" East 183.44 feet to a 5/8" iron rod; thence
South 89013130" West 571.00 feet to a 1" iron pipe as established by W. W. Hudson in a
survey dated September, 1961; thence continuing South 8901313011 West 107.69 feet;
thence North 01°12'18" East 26.56 feet; thence North 45000'00" East 63.84 feet to a
5/8" iron rod on the East bank of the Deschutes River; thence continuing North
45000100" East 161.95 feet to a 5/8" iron rod; thence North 89017124" East 517.45 feet
to the point of beginning.
Parcel 2- Anderson - Tax Lot 201035B000101
A tract of land lying in the Northeast Quarter of the Northwest Quarter (NE 1 /4 NW 1 /4)
of Section 35, Township 20 South, Range 10 East of the Willamette Meridian, Deschutes
County, Oregon, described as follows:
Beginning at a 2" pipe marking the North Quarter corner of said Section 35 as established
by W.W. Hudson in a survey dated September 1961; thence South 00°30'00" East along Q
the West line of Lot 12, Block 84 of Deschutes River Recreation Homesites, Unit 6 Part
II, 146.67 feet to a 5/8" iron rod; thence South 89° 17'24" West, 517.45 feet to a 5/8" iron
rod; thence South 45°00'00" West, 161.95 feet to a 5/8" iron rod on the East bank of the
Deschutes River; thence continuing South 45100'00" West, 63.84 feet; thence North
01 ° 12'18" East, 139.69 feet to a 1" pipe as established by W.W. Hudson in his survey of
September, 1961; thence continuing North 01°12'18" East, 165.57 feet to a 1" pipe as
established by said W.W. Hudson; thence North 89°21' 18" East, 669.41 feet to the point
~o ~
Parcel 3- Ross - 201035B000200
Page 2 of 3
The South Half of the North Half of the Northwest Quarter or
the Northeast Quarter (S1/2N1/2NW1/4NE1/4) also known on this ;
date as T.L. 2800 T.M. 20 10 35A Deschutes County, State of
Oregon, and the South Half of the Northeast Quarter of
! the Northeast Quarter of the Northwest Quarter (S1/2NE1/4NE1/4
i NW1/4) of Section 35, Township 20 South, Range 10 E.W.M.
! Excluding a portion of the Northeast Quarter of the Northwest
Quarter (NE1/4NW1/4) of. Section 35, Township 20 South, Range i
i 10 E.W.M. described as follows: Commencing at the North
Quarter corner of said Section 35; thence South 1 15' West a
distance of 660 Ft. to a point; thence South 89033' West a
distance of. 310 ft. to the true point of beginning of the
tract herein being described; thence continuing South 89°33'
West 270.81 ft. more or less, to the bank of the Deschutes
River; thence Northerly along the East bank of the Deschutes
River to a point intersected by a line 180 ft. North of and
parallel to the South boundary of the tract herein described;
thence 270.81 ft. more or less, to a point North of the
true point of beginning; thence South 180 ft. to the true
point of beginning, this exclusion is also known on this date
as T.L. 300, and 400, T.M. 20 10 35B Deschutes County, State
of Oregon, and starting at the Northwest corner of the
Northwest Quarter of the Northeast Quarter of Section 35,
Township 20 South, Range 10 E.W.M.; thence South on a bearing
of South 1 15' West, a distance of 330 ft. to a point of
beginning of tract; thence West on a bearing of South 89°33'
North, a distance of 250 ft.; thence South on a bearing of
South 1 15' West a distance of 135 ft.; thence East on a ,
bearing of South 89°33' North, 250 ft.; thence North on a
bearing of South 1 15' West, a distance of 135 ft., to the
point of beginning, this exclusion is also known on this date
as T.L. 201, T.M. 20 10 35B Deschutes County, State of
Oregon, this parcel is also known on this date as T.L. 200,
T.M. 20 10 35B Deschutes County, State of Oregon.
Parcel 4-Ross - 201035B000201
Starting at the Northwest corner of the Northwest
Quarter of the Northeast Quarter of Section Thirty-
five (35), Township Twenty (20) South, Range Ten
(10), E.W.M.; thence South on a bearing of South
10 15' West, a distance of 330 feet, to point.of
beginning of tract conveyed; West on a bearing
of South 890 33' North, a distance of 250 feet
thence South on a bearing of South 10 15' West,
a distance of 1351, thence East on a bearing
of South 890 33' North, 250 feet; thence North
on a bearing of South 10 15, West, a distance of
135 feet, to the point of beginning, said tract
being .77 acres, more or less, and being a part
of the Northeast Quarter of the Northwest Quarter
of Section Thirty-five (35), Township Twenty (20)
South, Range Ten (10); E.W.M.
Tax Lot 201, 20-10-35B
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Parcel 5- Kaufman -201035B000300
Page 3 of 3
A portion of the Northeast Quarter
Section Thirr.y-five (35), TOWNSIIIP
THE WILLAMETTE MERIDIAN, Deschutes
of the Northwest Quarter (NEk NA) of
TWENTY (20) SOUTH, RANGE TEN (10) FAST OF
County, Oregon, described as follows:
Counnuncing tit the North Quarter corner of said Section 35; thence South 10 15'
West a distance of 6()0.0 feet to a point; thence South 890 33' West a distance
of 310.0 feet to the TRUE POINT OF BEGINNING of the tract herein being
described; thence continuing South 890 13' West, 270.81 feet, more or less, to
the East bank of the Deschutes River, being the South boundary of the tract
herein being described; thence Northerly along the Fast bank of the Deschutes
River to it point intersected by a line 120.0 feet North of and parallel to the
South boundary of the tract herein being described; thence North 890 33' East
270.81 feet, more or less, to a point which is located 120.0 feet North 10 15'
Fast from the TRUE POINT OF BEGINNING: thence South 10 15' West, 120 feet
to the TRUE POINT OF BEGINNING. (continued below at
This property is free of liens and encumbrances. EXCEPT: as shown on the reverse side hereof
* TOGETHER WITH an easement over roads located in the South Half of the Northeast
Quarter of the Northeast Quarter of the Northwest Quarter (Sif NEk NEk NWk) of
Section 35, Township 20 South, Range 10 east of the Williamette Meridian,
Deschutes County, Oregon.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LA14D USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
Parcel 6 - Strome-201035B000400
Real property in the County of Deschutes, State of Oregon, described as follows:
A portion of the Northeast Quarter of the Northwest Quarter of Section 35, TOWNSHIP 20 SOUTH,
RANGE 10 EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, more particularly
described as follows:
Commencing at the North Quarter corner of said Section 35; thence South 1 ° 15' West a distance of 660.0
fee to a point; thence South 89° 33' West a distance of 310.0 feet to the true point of beginning of the tract
herein being described; thence continuing South 89° 33' West 270.81 feet, more or less, to the East bank
of the Deschutes River, thence Northerly along the East bank of the Deschutes River to a point intersected
by a line 60 feet North of and parallel to the South boundary of the tract herein described; thence 270 feet,
"'iiiore orless;-to-a point-Northof-theirucpoint of beginning; thenee- South-60-feet494. e-point-af _
beginning.
TOGETHER WITH an easement over roads located in the South half of the Northeast Quarter, Northeast
Quarter of the Northwest Quarter of Section 35, Township 20 South, Range 10 E.W.M., Deschutes
County, Oregon.
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