2009-28-Order No. 2009-007 Recorded 1/16/2009DESCHUTES COUNTY OFFICIAL RECORDS Q
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK 1~J 2009-16
-00~ COMMISSIONERS' JOURNAL
01/16/2009 03;00;59 PM
LEGAL COUNSEL 11111111111111111111111111
2009-28
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Marshall Annexation into
the Cloverdale Rural Fire Protection District * ORDER NO. 2009-007
WHEREAS, a petition requesting annexation of territory into the Cloverdale Rural Fire Protection
District was duly filed with the Deschutes County Board of County Commissioners(`Board") on or
about November 25, 2008; and
WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed
by the real property owner within the areas to be annexed; and
WHEREAS, the Board held a public hearing on January 14, 2009, 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 the Cloverdale Rural Fire
Protection District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the Marshall petition for annexation into the Cloverdale Rural Fire Protection
District attached to and referenced in Order No. 2008-100 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 Marshall Annexation and as set forth,
shall be known as the "Marshall Annexation."
Section 3. That the applicable land use criteria pertinent to the proposed Annexation, 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 Marshall Annexation is declared to be annexed into
the Cloverdale Rural Fire Protection District 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 the Cloverdale Rural Fire Protection
District.
Page 1 of 2- Order No. 2009-007
Section 6. The purpose of this District is to provide fire protection services within the District.
Dated this January 14, 2009
ATTEST:
Recor ing Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
"V~~
TAMMY B EY, CHAIR
DE IS R. LUKE, CE CHAIR
ALAN UNGER, COMMISSIONER
Page 2 of 2- Order No. 2009-007
LEGAL DESCRIPTION
Marshall Fire Annexation to Cloverdale Rural Fire Protection District
A portion of that certain parcel of land described in Document No. 2008-18551,
Deschutes County Official Records, situated in the Southeast Quarter of Section 22,
Township 14 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon;
being more particularly described as follows:
Beginning at a 5/8" iron rod at the southwest corner of the Southwest Quarter of the
Southeast Quarter of said Section 22; thence, on the north - south centerline of said
Section, N009 8'30"W, 1353.37 feet to a point on the south right-of-way line of Holmes
Road; thence N49°18'03"E, leaving said centerline, on said south right-of-way line,
60.00 feet to a point; thence S40°41'5T'E, leaving said south right-of-way line, 75.30
feet to a point 15.00 feet northerly of the north line of said Southwest Quarter of the
Southeast Quarter, thence S89°55'41"E, on a line 15.00 feet northerly of and parallel to
said north line, 1216.30 feet to a point on the east line of the Northwest Quarter of said
Southeast Quarter, thence S00°12'07"E, on said east line, 15.00 feet to the northeast
comer of said Southwest Quarter of the Southeast Quarter, thence, on the north line of
said Southwest Quarter of the Southeast Quarter, N89°55'4 1"W, 300.00 feet; thence,
leaving said north line on the boundary of said parcel, S00012'OT'E, 1018.60 feet; thence
N89°57'48"W, 23.29 feet; thence, leaving said boundary, S45°00'W'W, 56.20 feet to a
point on the McKenzie Canyon rim rack; thence, along said rim rock, S61°00'00"W,
246.00 feet; thence S25°00'00"W, 83.00 feet; thence S65°00'00"W, 59.00 feet; thence
S45°00'00"W, 58.10 feet to a point on the south line of said Section22; thence, on said
south line S89°5748"W, 646.01 feet to the point of beginning.
Containing 29.84 Acres, more or less
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Community Development Department
Planning Division Building Safety Division Environmental Health Division
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 22, 2008
TO: Connie Scorza, County Legal Counsel, Legal Assistant
FROM: Paul Blikstad, Senior Planner
RE: Annexation to Cloverdale Rural Fire Protection District; Marshall Annexation,
Your file no. 16/6-009
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 #1 is consistent with the County
Comprehensive Plan and Statewide Planning Goals.
EXHIBIT
Quality Services Performed with Pride