2007-41-Order No. 2007-028 Recorded 1/24/2007REVIEWED
LE AL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
21 1
RECORDS
CLERK
01/24/2007
CJ 2001.41
02;34;52 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Miller Tree Farm
Annexation into the Deschutes County Rural Fire
Protection District #2
ORDER NO. 2007-028
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District #2 was duty filed with the Board of County Commissioners of Deschutes County
on or about October 18, 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 January 24, 2007, 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 Miller Tree Farm petition for annexation into Deschutes County Rural Fire
Protection District #2 attached to and referenced in Order No. 2006-160 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 Miller Tree Farm Annexation and as
set forth, shall be known as the "Miller Tree Farm 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 Miller Tree Farm 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. 2007-028 (01/24/07)
Section 6. The purpose of this District is to provide fire protection services within the District.
Dated this 24`x' day of January 2007
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Y,
ATTEST:
Recording Secretary
ENNIS R. LUKE, ICE CHAIR
TAMMY B , COMMI S ONER
PAGE 2 OF 2- ORDER No. 2007-028 (01/24/07)
MILLER TREE FARM
EXHIBIT A
Legal Description for Petition for Annexation
into Deschutes County Rural Fire Protection District #2
PARCEL 1 (Tax Lots 6002, 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 East of the Willamette 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 890 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 420 58' 14" East for 615.78 feet; thence North 340 49' 03" East for 357.11 feet;
thence North 100 43' 50" East for 113.59 feet; thence South 810 08' 56" West for 622.64 feet;
thence South 340 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 00 37' West for
1488.8 feet to a post marked "28"; from which the Southwest corner of Section 34 in said
Township bears South 100 18' West a distance of 994.34 feet; thence North 540 33' East for
1318.0 feet to a post marked "29"; thence North 330 49' East for 599.7 feet to a post marked
"30"; thence North 590 11' East for 693.5 feet to a post marked "31"; thence North 55° 23' East
for 796.6 feet to a post marked "32"; thence North 280 54 ' East for 572.0 feet to a post marked
"33"; thence North 380 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 670 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 00 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 approximately 5280 feet to the southeast
corner of Section 34 and point of beginning.
Page 1 of 2 - Exhibit "A" to Order No. 2007-028 (1/24/07)
PARCEL II (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 290 2' East a distance of 182 feet; thence South 40° 23' West for 619.8
feet to a post marked "15"; thence South 150 54' West for 299.9 feet to a post marked "16";
thence South 190 36' West for 762.8 feet to the point of beginning on the North line of the
Southeast Quarter of the Southeast Quarter of Section 27.
Thence South 19° 36' West for 136.3 feet to a post marked 17"; thence South 340 51' West for
164.8 feet to a post marked 18"; thence South 50° 27' West for 213.6 feet to a post marked
"19"; thence South 680 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
easterly along the North line of said Southeast Quarter of the Southeast Quarter of Section 27
for 492.1 feet to the point of beginning.
Page 2 of 2 - Exhibit "A" to Order No. 2007-028 (1/24/07)
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Planning Division • Building Safety Division • Environmental Health Division
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117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 • FAX (541) 385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: December 28, 2006
TO: J. Alison Hilber, County Legal Counsel, Legal Assistant
FROM: Paul Blikstad, Associate Planner
RE: Annexation to Deschutes County Rural Fire Protection District No. 2;
Miller Tree Farm Annexation, Your file no. 16/6-002
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 No. 2 is
consistent with the County Comprehensive Plan and Statewide Planning Goals.
Quality Services Performed with Pride
~r90 1712