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2009-1465-Order No. 2009-060 Recorded 9/18/2009COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS U 2009'1465 REVIEWED p-%n- COMMISSIONERS' JOURNAL 09/18/1009 03;15;53 PM LEGAL COUNSEL 111111111111111111111 111111 IN III 2009-3455 L BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving Annexation of Territory to Deschutes River Recreation Homesites, Unit * ORDER NO. 2009-060 6, Parts I and II No Shooting District. WHEREAS, a petition requesting annexation of certain territory to a restricted area pursuant to Deschutes County Code (DCC) section 9.08, referred to as the "Deschutes River Recreation Homesites, Unit 6, Parts I and II, No Shooting District was filed with the County and submitted to the Board of County Commissioners, a copy of which petition is attached as Exhibit 1 of Order 2009-053 and by this reference is incorporated herein; and WHEREAS, the Deschutes County Assessor verified that the no shooting district annexation petition was signed by no less than 100 percent of the owners of the contiguous lots included within the proposed annexed area; and WHEREAS, the Board of County Commissioners accepted the petition in Order No. 2009-053 on July 27, 2009; and WHEREAS, after notice was provided in accordance with ORS 198.800 (2) and DCC 9.08.080, a public hearing was held August 17, 2009, to hear the petition and any objections thereto and to determine whether or not the area petitioned should be annexed pursuant to the Chapter 9.08 of the Deschutes County Code; and WHEREAS, after considering the petition, and all arguments submitted in favor of and in opposition to the petition presented during the public hearing; and WHEREAS, testimony was presented at the hearing before the Board to demonstrate a public safety hazard and disturbance of the peace in this area; thus, two of the three areas petitioned would benefit by restriction imposed pursuant to Chapter 9.08 of the Deschutes County Code; and WHEREAS, the public hearing was continued to September 9, 2009 to allow the Board additional time to gather more information about the third parcel before deciding whether to approve annexation of it to the no shooting district referenced above; and WHEREAS, more information about the third parcel and additional testimony were presented at the continued hearing before the Board to demonstrate a public safety hazard and disturbance of the peace; thus the third parcel petitioned would benefit by restriction imposed pursuant to Chapter 9.08 of the Deschutes County Code; now therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Pursuant to the Deschutes County Code Chapter 9.08, the Board approves the petition to annex a certain territory to the Deschutes River Recreation Homesites, Unit 6, Parts I and II No Shooting PAGE 1 OF 2- ORDER No. 2009- 060 (9/9/09) District, boundaries of the proposed annexed area as described in Exhibit A and as depicted on the map attached as Exhibit B, each exhibit being attached hereto and incorporated by reference herein. Section 2. Pursuant to the provisions of Section 9.08.090 of the Deschutes County Code, this order shall take effect immediately upon signature of this order. Dated this ~ of , 2009 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON a L)~V4 TAMMY BANEY, Chair DE IS R. LUKE, Vice Chair aL*1- ALAN UNGER, Commissioner PAGE 2 of 2- ORDER No. 2009- 060 (9/9/09) EXHIBIT "A" Legal Description Tax lot 2110030000800 That portion of the N1/2NE1/4SW1/4 and the SE1/4NW1/4, Section 03, Township 21 South, Range 10 East, of the Willamette Meridian, Deschutes County, Oregon, lying Northerly, Southerly and Easterly of the Deschutes River, being all that portion, generally, on the east side of the river. Exhibit "A" - Order No. 2009-060 (9/9/09) 10 D 4 W C S\~~~~Fp'{Y 0 m (G~iyo ~p5 FISHER ZN Exhibit "B" Map Proposed Annexation to the Deschutes River Recreation Homesites Unit 6 Parts I & II No Shooting District Proposed Annexation Area Existing No Shooting District 0 500 1,000 2,000 Feet August 20, 2009