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2021-20-Order No. 2021-002 Recorded 1/22/2021REV EWER LEGAL COUNSEL Recorded in Deschutes County CJ2021-20 Nancy Blankenship, County Clerk Commissioners' ,journal 01 /22/2021 1:41:20 PM cEs�oGy< (I'II�I'II"II'IIIIII'lll'l) 2021-20 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Emilee and Scott Stoery annexation into Cloverdale Rural Fire * ORDER NO.2021-002 Protection District WHEREAS, Emilee and Scott Stoery ("Petitioners") submitted a petition requesting annexation of their property, identified in Exhibit A in the petition attached to this Order, into Cloverdale Rural Fire Protection District ("District"); and WHEREAS, the Deschutes County Clerk's Office and Assessor's Office verified that the petition was signed by a registered voter or a landowner, respectively, for the property as indicated in Exhibit B in the petition attached to this Order; and WHEREAS, pursuant to ORS 198.857(4), the Deschutes County Community Development Department determined the petition is consistent with the Deschutes County Comprehensive Plan, as described in Exhibit C in the petition attached to this Order; and WHEREAS, the Board held a duly noticed public hearing on January 20, 2021, to determine whether, in accordance with the County Comprehensive Plan, any applicable service agreement between a local government and the affected district, and the criteria prescribed by ORS 197.175, the affected area would benefit by annexation of said territory into the District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. The petition for annexation and all exhibits attached to this Order are hereby incorporated by reference. Section 2. The petition for annexation is hereby approved, and the property identified in Exhibit A is declared annexed and included in the District. Section 3. A copy of the signed Order will be forwarded to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office and County Clerk's Office, and the District. PAGE 1 OF 2- ORDER NO. 2021-002 Section 3. The purpose of this District is to provide fire protection services. Dated thisA day of 01.1. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, CHAIR PHIL CHANG, VICE CHAIR 1 PATTI ADAIR, COMMISSIONER PAGE 2 OF 2- ORDER NO. 2021-002 EXHIBIT A PETITION TO ANNEX PROPERTY INTO (Name of District)��, To: The Board of County Commissioners, Deschutes County, Oregon The undersigned, in support of this Petition, state as follows: 1. This Petition for Annexation is filed pursuant to ORS 198.850 to 198.859 on Z.\ Z� (date) and Petitioners request the Board commence proceedings to annex the ferritory described herein into P- (F S2 (name of district), Deschutes County, Oregon. 2. This Petition for Annexation affects only Deschutes County and is not in any incorporated city limits. 3. The Board of -,/' u "��? _,_ ,.,_ (name of district) approved the petition pursuant to ORS 198.850 on _ (insert date). 4. The principal act for. _t r- r x,"(name of district) is ORS (P-Pdrstatutoryreferrnca required, see ORS tS O 0 of rlisting fo apprd hate principal act) 5. The territory subject to this Petition for Annexation is primarily('inhabited uninhabited (circle one). This petition is signed by land owners and/or registered voter'sirr-t a area proposed to be annexed as indicated opposite their respective signature, and all signatures were obtained on or after the day of, 20Z.c9 6. The property street address(es) of land for annexation (if known) is/are q._. _ and the total acreageis —��y c u;_�� A description of the boundaries of the territory to be annexed is attached hereto as Exhibit "A" and depicted on the map attached as Exhibit "B". 7. This Petition has been signed by at least 15 percent of the electors, or 100 electors whichever number is lesser, registered in the area proposed to be annexed; or at least 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. 8. A security deposit form and payment is attached to this petition. Signed this ZL day of n an: , 20Zobv °1�2 Chief Petifioner(s). Signature r.; Address, City, State, ZIP DATED this i�iay of _ ,20Z-g:;;o DATED this _ day of 20_ Approved by the Board of Name of District I )� District nature By: (Print Name) Title_ 6c__.,)< (if applicable) Approved by City of City Signature By. --- (Print Name) rev 05117 Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 203, Bend, OR 97703; FAX 541-617-4748; legalcounsel@deschutes.org EXHIBIT A 4 EXHIBIT "A' Legal description for: 17665 Brandywine Road (TL 1611080000900). Parcel 1 = 25 AC The Northwest Quarter of the Southwest Quarter (IOW '/a SW '!) of Section Eight (8), Township Sixteen (16) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon. EXCEPTING THEREFROM the Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW 'A NW 1/a SW "'/) of Section Eight (8), ALSO EXCEPTING the South Ralf of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter (SW 14 SW '/a NW 'A SW 'A) of Section Eight (8), Township Sixteen (16) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon. Legal description for: 17605 Brandywine Road (TL 1611080001300). Parcel 2 = 5 AC a he South Ralf of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter (S 'fz SW '/a NW '/a SW •'A) of Section Eight (8), Township Sixteen (16) South, Range Eleven (11), Fast of the Willamette Meridian, Deschutes County, Oregon. TOTAL ACRES = 30 AC W Qr.[MWA GOAG — — — — — — — a 11:�), L. te\ , 1100 L, ',T-A - EXHIBIT A NAME OF DISTRICT: Withdrawal kAnnexation PRINT NAME DATE SIGNED PROPERTY ADDRESS/ RESIDENCE ADDRESS IN THE PROPOSED (If Different) TEFJUTORYt REGISTERED VOMR. IN THE PROPOSE TERRrrORY -7 L GS Ga- Landowner Yes_� No- Pruit,Narne -is -401-0PERTYADDRESS 6.tp e>&"(, U RYe gsisteredVoter -No pre Signature RESIDENCE ADDRESS If Different 2 . ..... 1A Date OPFRTY ADDRESS OkIl RegisVoter Print Name i t k Yes N. Signature' RESIDENCE ADDBLESS If Different Pre Landowner Yes N. Print Name PROPERTY ADDRESS Date Registered Voter zi .3 Yes 2 No Signature RESIDENCE ADDRESS (IfDifferent) po, 1, yes No E Acreage — ­ _ Reos tered Voter , 3 A Print Name PROPERTY ADDRESS Date Yes NO pre Landowner Suture RESIDENCE ADDRESS (If Different Yes tq —0. 5K 13 8 Print Name PROPERTY ADDRESS A.0 a Ae RegjsteredV.t.r 13 Date L yes No Pre U rn Z in Signature RESIDENCE ADDRESS If Different) `-e z CD 00 0 I? z _j _j M -- C < :) [LL) -c U) >_ Ln LU x :!-; UJ 0 0 cr. c EXHIBIT A Security Deposit Special District Formation or Reorganization ❑ Formation Name of District Number of Precincts in District XAnnexation Amount of Deposit ❑ Withdrawal SEL 704 rev 01/18 ORS 198.775 ❑ Dissolution Total Deposit (max f $lo,00b) /We hereby declare If the costs of the attempted form atioZ-_i n^ne�xati ,r ithdrawal or dissolution of district exceeds the deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198.775) Name print Signature Residence i Mailing Addresfs if different City State Zip Code City State Zip Code .die . ' C7lz— c ..� ��� �712 «i1 jvJ Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ cash 1 ❑ Bond loot he, Security Deposit Name print Signature f/ Residence Mailing Address if differen City ts-tlite Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ cash I ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City 1 State Zip Code 1 City State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ I Cash 1 ❑ Bond 10 Other Security Deposit ES R December 21, 2020 Re: Petition for Annexation to Cloverdale Rural Fire Protection District - Scott & Emilee Stoery Petition (17665 Brandywine Rd) I, Nancy Blankenship, Deschutes County Clerk, do hereby certify that the two signatures on the attached petition sheet were verified and that there are two valid signatures. This represents 100% of the registered voters within the area proposed for annexation. Dated this 21 st day of December, 2020. Nancy B ip Deschutes County Clerk NW'Aiali Sl:,eet. Suite 2.02. 11C) Box 6005-3end, Ore c.n ))77O8-E 005 (/li. S.i£3-(jS� 7 r r I.L i' � .fir Ilf es i:rc* I 54�) ?3is- \h�V%JbV. t185C:'1 U to 5, G r�:;i C' e rk 1300 NW Wall Street, Bend, Oregon 97703 (541) 388-6508 FAX (541) 382-1692 December 21, 2020 Nancy Blankenship Deschutes County Clerk Re: Petition for Annexation to Cloverdale Rural Fire Protection District (Stoery) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, /10 01 M-' Pa� Gregg Rossi Chief Cartographer Deschutes County Assessors Office EXHIBIT C MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager DATE: December 17, 2020 SUBJECT: Land Use Compatibility / Cloverdale Fire Protection District The materials contained in the Cloverdale Fire Protection District petition are consistent with Title 18, Deschutes County Zoning Ordinance, and Title 23, Deschutes County Comprehensive Plan. There are no local land use regulations or policies that specifically address the Cloverdale Fire Protection District and annexation.' 1 Policy 3.6.1 "encourages the formation of special service districts to serve rural needs rather than have the County serve those needs." Policy 3.8.1 recognizes the importance to "cooperate with public agencies and local park districts to provide park and recreation lands, facilities and opportunities." E s CoG� o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of January 20, 2021 DATE: January 5, 2021 FROM: Pauline Word, Legal, 541-388-6622 TITLE OF AGENDA ITEM: PUBLIC HEARING: and Consideration of Board Signature of Order No. 2021-002 Annexation to Cloverdale RFPD RECOMMENDATION & ACTION REQUESTED: Hold public hearing and consider and adopt order BACKGROUND AND POLICY IMPLICATIONS: Emilee and Scott Stoery filed a petition to annex their property into the Cloverdale Rural Fire Protection District. The District's board approved the annexation. The County Clerk and Assessor's Office certified the petition and Community Development reviewed it for consistency with the County's comprehensive plan. FISCAL IMPLICATIONS: None ATTENDANCE: David Doyle, Legal