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2010-2818-Order No. 2010-046 Recorded 9/2/2010FICIAL REVIEWED NANCYDESCHUBLANKENSHIPTES COUNTY CLERKDS CJ 20+0.7818 COMMISSIONERS' JOURNAL 01/02/2010 10:02:49 AM LEGAL COUNSEL II V II I I III II IIII II I I II III III 2 10-2818 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON Order Approving the Eraker Annexation into the Deschutes County Rural Fire Protection District * ORDER NO. 2010-046 #1 WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural Fire Protection District #1 was duly filed with the Deschutes County Board of County Commissioners ("Board") on or about July 29, 2010; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owners within the areas to be annexed; and WHEREAS, the Board held a public hearing on September 1, 2010, 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 Deschutes County Rural Fire Protection District #l; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. 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 Eraker Annexation and as set forth, shall be known as the "Eraker Annexation." Section 2. 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 3. That the territory included in the Eraker Annexation is declared to be annexed into the Deschutes County Rural Fire Protection District #1 as of the date of this Order. Section 4. 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 Deschutes County Rural Fire Protection District # 1. Page 1 of 2- Order No. 2010-046 Section 5. The purpose of this District is to provide fire protection services within the District. -"f Dated this September / 2010 BOARD OF COUNTY COMMISSIONERS ATTEST: /r Recording Secretary OF DESC14UTES COUNTY, OREGON - "0 "'e -Q~' DENNIS R. LUKE, CHAR 664-t- (&tt.4.- ALAN UNGER, VICE CHAIR C~ TAMMY BANEY, COMMISSIONER Page 2 of 2- Order No. 2010-046 XI/ After recording return to: STEPHEN A. ERAKER and SARAH J. ERAKER 11908 SE UTES DRIVE CLACKAMAS, OR 97015 Until a change is requested all tax statements Q shall be sent to the following address: 3 STEPHEN A. ERAKER and SARAH J. ERAKER 11908 SE UTES DRIVE CLACKAMAS, OR 97015 oil 09/141W 02:00:01 PM D-D Cnt,al SW4 PAM $10.00 $11.00 $10.00 10.00 WARRANTY DEED STATUTORY FORM MARK H. HOFFMAN, Grantor, conveys and warrants to STEPHEN A. ERAKER AND SARAH J. ERAKER, HUSBAND AND WIFE, Grantee, the following described real property, free of encumbrances except as specifically set forth herein, to wit: Lot 4, also known as the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4), in Section 36, Township 15 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon. Tax Account No(s): SERIAL # 125102 and SERIAL # 129254 Map/Tax Lot No(s): 1S- 12-36-B03700(2-003) and 15-12-36 B03700(2-004) This property is free from encumbrances, EXCEPT: All those items of record, if any, as of the date of this deed, including any real property taxes due, but not yet payable. The true consideration for this conveyance is $ 269,342.00. "The true consideration for this conveyance is pursuant to an 1RC Tax Deferred Exchange on behalf of the Grantees' N Q 1 Order No. 2010-046 EXHIBIT A Page 1 of 1 THIS MAP.A PREPARED I'm ASSESSMENT PURPOSE ONLY I 10 I zs I ---3 I t4. z-. N ` t COMPLIMENTS OF AmeriTitle This sketch is furnished for information purposes only to assist in property location with reference to No representation is - - - made as to accuracy and N.W 1/4 SEC.36 T 15S. R.12E. W.M. the Company assumes no liability for any loss 1512 36BO DESCHUTES COUNTY occurring by reason V- 2W or reliance thereon. Ift W225 o+ V4 CM I I + Ca MM Nos. ttao . zzoo ! ^ ~ I a zeoo ~ zroo ~ zooo zzoo ! / Y l 400o I! a ` j F I . AV z~ ~ I gl 5 a I Adop" y°" ~ tso to t ~tso nm xw o 000+w . \ uo~~` ote a ~ fie \ ` I n ' . P .V 1W1 8~W C \ ~ a' s \ 5 ~ tr Cl( nz 21 Y rt e s ' - Rat's 1... Y+ .J R00 4a S I e t0 12 M t6 M A 22 Dr ctr of 4+ 'R o wo al, or, Order No. 2010-046 EXHIBIT B Page 1 of I L x 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: August 12, 2010 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Senior Planner RE: Annexation to Deschutes County Rural Fire Protection District No. 1; Eraker Annexation, Your file no. 16/6-011 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. Order No. 2010-046 EXHIBIT C Page 1 of 1 Quality Services Performed with Pride