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2015-399-Order No. 2015-040 Recorded 8/27/2015 DESCHUTES NANCY BLANKENSHIP,PCOUNTY CLERK pS CJ 701 .399 REVIEWED COMMISSIONERS' JOURNAL 08/27/2016 11:04:46 AM LEGAL`COUNSEL 1111-11 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON Order Approving the Hayes Annexation into the * ORDER NO.2015-040 Redmond Fire and Rescue District WHEREAS, a petition requesting annexation of territory into the Redmond Fire and Rescue District was duly filed with the Deschutes County Board of County Commissioners("Board")on or about August 5,2015; 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 August 26, 2015, 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 Redmond Fire and Rescue District; now,therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Hayes petition for annexation into the Redmond Fire and Rescue District attached to and referenced in Order No. 2015-039 is hereby incorporated by reference and is approved. Section 2. 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,"both exhibits attached and incorporated by reference herein, shall be known as the"Hayes Annexation." Section 3. 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 hereto and by this reference incorporated herein. Section 4. The territory included in the Hayes Annexation is declared to be annexed into the Redmond Fire and Rescue District as of the date of this Order. Section 5. Tatter signature, the Legal Department 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, the Redmond Fire and Rescue District, and the petitioners. /// PAGE 1 OF 2-ORDER NO. 2015-040 Section 6. The purpose of this District is to provide fire protection services within the District. Dated this 2 day of August,2015. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON ANTHONY DEBONE,CHAIR — ALAN UNGER,VICE CHAIR ATTEST: (&/,-X101://56-&L— LTV' Recording Secretary TAMMY B Y,COM TONER PAGE 2 OF 2-ORDER NO. 2015-040 poitior DCHUTES COUNTY OFFICIAL RECORDS ��A A p� SEND TAX STATEMENTS TO NANCY BLANKENSHIP, COUNTY CLERK 7 88 Unchanged AFTER RECORDING,RETURN TO E N111 1 48��Evans+BatIan,Attorneys at Law TT0� 969-13th Street SE Salem,OR 97302 02/22/20V 09:55:32 Afl 04 Cnta3 Strin30 ,7$ The true and actual consideration for this transfer is nonmonetary. 05.00 $11.00 S e,00 $20,00 $0,00 WARRANTY DEED F.SCOTT HAYES and PAM NOFZIGER-HAYES,Grantors Convey and warrant to FRANKLIN S.HAYES PAMELA J.NOFZIGER-HAYES and,Trustees,under the HAYES LIVING TRUST,dated February 17,2010,and any amendments thereto,Grantee All the following described real property situated in Deschutes County,State of Oregon,commonly known as 10135 NW Coyner Ave., Redmond,OR 97756 and more specifically described as: Parcel Two(2)of Partition Plat 2004-101,Deschutes County,Oregon. Tax Account No.246628 free from encumbrances except those of record. The liability and obligations of the Grantor to Grantee and Grantee's heirs and assigns under the warranties and covenants contained herein or provided by law shall be limited to the extent of coverage that would be available to Grantor under any policy of title insurance issued to Grantor at the time Grantor acquired the property. The limitations contained herein expressly do not relieve Grantor of any liability or obligations under this instrument,but merely define the scope,nature,and amount of such liability or obligations. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195300,195301 AND 195305 TO 195336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009. Dated: February 17,2010 Grantors j ). 4 I'4 ,e) F.SCOTT HAYES PAM NOFZIGER-HAY 4 STATE OF OREGON,County of Marion) ss. Personally appeared before me on February 17,2010,F.SCOTT HAYES and PAM NOFZIGER-HAYES and acknowledged the foregoing instrument to be their voluntary act. OLs3 AIMI EVANSYCKI.E ) C_ NOTARY PUBLIC OREGON I Notary Public for Oregon COMMISSION NO.425573 .P • �,1} My Commission Expires on: OCQ 102.1 i Page 1 of I-Exhibit A to Order 2015-040 14 12 28D0 S.E.1/4 SEC 28 T. 14S. R. 12E W.M. DESCHUTES COUNTY SEEM/071141228 • ...•:.: }; tarp 200 300 19.11 Ac 19.65 AC 4 Si s3 1. .'' .Z t'p 2 IMI 3 PT PARCEL § PARCTL2 ; I 1 \ N ( �� . r' ■ HA' 7 F PT P1",.ti 20 27 ......._._. &a 4 9 0.N.v M N A%JD�/l�„..A.A,....dT iY,.,A!�./VL.4g,f!.:AL::u r�a1F w.;v.� Ar "re w rr ''P ,,,,,021/,44..„622,4,..•j'' s�, LL' C/7/141 //I/ / /7/ . ... 34 „...//// 5EE M.4,1 . �� � Cu F L. P dr 'd vz,,,.// rorx Page 1 of 3-EXHIBIT B to ORDER 2015-040 -X/1Igl ;)61,:• � .. ...„,„, -C ) nom. e � •. • I . A.r•. �. r f, . .1.4t-os, . y, _)4,, :r '4.1,,,,. ter e „ ,"f. -a, { ``n: 4',.+c•*%' ,6 I, «a• 3 4 .'1,4 ..,'' gg g �; . .. .a, . l''01,„ 4 ,r, µ" • ' rr. rM xAa ., ,xrt A■ tii ryT y.,ti yy j''''''''*'taw y' 0v „M 'i ,r '" , "y W• Wi;Ii""^,. , s� try — y '' . , , . �'. 0 4 •:i k„ w W U w 4A-r,oc;{Li A 44 4t4 b �q ." � o 4 ( u Tg 5; Q 4 1 -.4 .I V z 4 ...I e3 yy.,..O W i VI +-w c)CI N �oN) 1 0 w W 9z.90DO S) ~as W oZt ■ , /r. '..z. - .96"l Srl A.SL.90AU s) j`'^ A w 4a v�'i I x w a .06-lerl ht.69,90.00 1 -4 eaau-- ,rn r „ %.V") '61 It i N H2r l r -c .J 46,a _ °'• 7 4 1 to L) ''r';� 1N3W35b3 ,UIlUl1 3118�d .O' pi T �: (NJ n. a tn PI C-74 ;� 6�'xL'1 0*/.0.00 S •t y ” C7 -y Z d t° .1'47-' p, `'ate A In _ ,, 1- a NI R ° 1 . PI 1-; o - w Ci •t. ^°''`� a cn w �;Wr ,�-.•"to N • �- •! Nth t In 10 •Nq 1 • R:f Q U a yi p j` N v1 80'f51z1 .. i .,m ` ,9D"CZ 'l a l w to h y1'9f9 3vz. ono N v eK . to p n Q N •,Of, ,Of z g,a \� 71 ; y�th� V no tZ-13 rr� t o �� 0 4 ►� Wy h jj1�1 I . 1 Cr r� O.r dl 1 16 ❑ N qI [/� t O \� 1�1 45 u �^ �1� �-7 • 1 0 ek I ti o rl',,._. 4., Uu0. �/ UQ • Lz tzrl ALztoiDo S w 4 �.,.... ,N �; {_l. - .9*•*Z 3.Sf,60.00 N) g_ �= 'ry 4 r.�D y � 1C] v - .,,-- ..���lJ--- n t 0'a lvzI 0 4 t6 0t9oN {� t t ,90'£'zC l 3 OZ,90.D0 N u n h� h C vrs vs n a p N:il "i N (.9. _ cv3 Or 1-4.400N) a II " o - aq t~a a SL't59Z 3 9S.tz170 N .� o UabdU ut TOTAL P.02 Page 3 of 3-EXHIBIT B to ORDER 2015-040 Community Development Department Planning Division Building Safety Division Environmental Health Division ) !E ," i'�. »EswGS?z. z� �9?'iar, �:�". 6�a.ls +3':a��.a wwf.� n ?'$ 'S W '"'— MA2,»».. 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 11, 2015 TO: Treana Henley, Assistant Legal Counsel FROM: Paul Blikstad, Senior Planner RE: Annexation to Redmond Fire and Rescue District; Hayes Annexation, Your file no. 16/6-030 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 (Section 3.6 under the Rural Growth Management Chapter, Policies, is the following policy: 3.61. Encourage the formation of special service districts to serve rural needs rather than having the County serve those needs. Fire protection is an important part of rural development, as evidenced by chapter 3.5 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 Redmond Fire and Rescue District is consistent with the County Comprehensive Plan and Statewide Planning Goals. Page 1 of 1-EXHIBIT C to ORDER NO. 2015-040 Quality Services Performed with.Pride