2021-87-Order No. 2021-007 Recorded 3/16/2021REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County CJ2021-A7
Nancy Blankenship, County Clerk
Commissioners' Journal 03/16/2021 8:14:49 AM
i2021i7iiiuiuniumuim
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving Dave Swisher Annexation
into Rural Fire District #2 * ORDER NO.2021-007
*
WHEREAS, Dave Swisher ("Petitioner") submitted a petition requesting annexation of
property, identified in Exhibit A in the petition attached to this Order, into Rural Fire District #2
("District") and the District approved this petition; and
WHEREAS, the Deschutes County Clerk's Office and Assessor's Office verified that the
petition was signed by either 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 March 10, 2021, to determine
whether, in accordance with the County Comprehensive Plan, 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.
Section 3. The purpose of this District is to provide fire protection services.
PAGE 1 OF 2- ORDER NO. 2021-007
Dated this lD day of g21.
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDER NO. 2021-007
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A THONY �DeBONE,HAIR
PHIL CHANG, VICE C AIR
PATTI ADAIR, COMMISSIONER
PETITION TO ANNEX PROPERTY INTO
Deschutes Rural Fire District # 2
nI (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 —�
(date) and Petitioners request the Board commence proceedings to annex the territory
described herein into Deschutes Rural Fire District #2 (name of district),
Deschutes County, Oregon. edAa 4,
2. This Petition for Annexation affects only Deschutes County and is not in any incorporated city
limits.
evvni4'
3. The Board of DeschutesyMl Fire District #2 (name of district)
approved the petition pursuant to ORS 198.850 on (insert date).
L�Ouh
4. The principal act for Deschutes(Rural �� -,
F1re District #2 (name of district) is ORS
(14) A rural fire protection district organized under ORS Chapter 478
(Proper statutory reference required, see ORS 198.010 for listing of appropriate principal act)
5. The territory subject to this Petition for Annexation is primarily inhabited ninhabite circle
one). This petition is signed by land owners and/or registered voters in the area proposed to be
annexed as indicated opposite their respective signature, and all signatures were obtained on
or after the day of, 2021.
6. The property street address(es) of land for annexation (if known)(9are _hkW{�
No site address has been assigned to the property and the total acreage
is 40.00 acres . 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.
Sig this �� d v U - 20 21 by �( Ste.) t sZ'� Fe Chief Petitioner(s).
Signature
DATED this _ day of _--,20 21
Approved ly the Board of
Deschutes(I ural Fire District #2
Name istr" t .
I'llw
Dis ign ture
(Print�Y� iP_,�
Title:
City, State, ZIP
DATED this _ day of ,20_
(if applicable) Approved by City of YA
City Signature
By'— ----
(Print Name)
Title:
rev 05/ 17
Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; legalcounsel®deschutes.org
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EXHIBIT A
Security Deposit SEL 704
Special District Formation or Reorganization rev S198.718
p g ORS 198.775
❑ Formation Q Annexation ❑ Withdrawal ❑ Dissolution
District and Precinct Information
Name of District
Deschutes County Rural Fire District #2 - $100 flat fee
Number of Precincts in District I Amount of Deposit per Precinct I Total Deposit (max of $10,000)
Chief Petitioners
I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of
Deschutes County Rural Fire District #2 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 Mailing Address if different
City ( State I Zip Code I City I State I Zip Code
Amount of Contribution/Value of Secured Deposit Kind of Contribution*
❑ Cash I ❑ Bond ❑ Other Security Deposit
Name print I Signature
Residence Mailing Address if different
City I State I Zip Code
Amount of Contribution/Value of Secured Deposit
City
Kind of Contribution*
❑ Cash I ❑ Bond
State I Zip Code
❑ Other Security Deposit
Name print Signature
Residence I Mailing Address if different
City State Zip Code City —I State I Zip Code
Amount of Contribution/Value of Secured Deposit Kind of Contribution*
❑ Cash ❑ Bond I ❑ Other Security Deposit
Continued on the reverse side of this form
Person/Organizations Providing Any Part of Cash/Security Deposit
Name print 1 Signature
Residence I Mailing Address if different
City I State I Zip Code I City I State I Zip Code
Amount of Contribution/Value of Secured Deposit Kind of Contribution*
❑ Cash I ❑ Bond I ❑ Other Security Deposit
Name print Signature
Residence Mailing Address if different
City State Zip Code City State Zip Code
Amount of Contribution/Value of Secured Deposit Kind of Contribution*
❑ Cash ❑ Bond ❑ Other Security Deposit
Name print Signature
Residence I Mailing Address if different
City State I Zip Code City I State Zip Code
Amount of Contribution/Value of Secured Deposit Kind of Contribution*
El Cash (❑Bond her Security Deposit
EXHIBIT "A"
LEGAL DESCRIPTION
The Southeast one -quarter of the Northwest one -quarter of Section 18, Township
17 South, Range 13 East, of the Willamette Meridian, Deschutes County, Oregon
REGISTERED
ROF,ESSIONAL
-LAND/SURVEYOR
OREGON
May 12, 2010
DIRK P DURYEE
65694P _
RENEWS: _I
EXHIBIT A
THE SE 1/4 NW 1/4 SECTION 18, T.
W.M., DESCHUTES COUNTY,
17 S, R. 13 E.,
OREGON
1713006000104
CITY OF BEND
1713180000700
15 RICHARD SUTTER
LIVING TRUST 1713180000600/
/I
SWISHER TRUST/,
w SUBJECT
x 4
U- 1713180000701 PROPERTY
40 ACRES,
-i SCHRIER LIVING TRUST , , z , , y /
I—W 1/4 CORNER
RURAL
171318CO00200
MARK & CYNTHIA JAR\4S
17131 BC000300
PAUL & LAURA DINGER
0
wi
cn
JI
Fn
13418
07
24 19
DATE: 01/22/2021
1713000000105
CITY OF BEND
1713000000104
CITY OF BEND
C 1/4 CORNER
K--- r -- - L�-
NDARY LINE
ff--f
00Z7
A
11) -
101-
17131 BDB00200
WEEKS REVOCABLE
TRUST <
ROAD RE-PISTERED
--RE-GI
0 ROF�E.5SI NAL
04 LOT LOT LOT LOT NDk5URVEYOR
1 2 3 4
BUTLER SUBDIVISION
'-OKEGON
2 2010 DI A 'DURYEE
< 65 '94PLS
BUTLER . MARKET ROAD RENEWS: 12/31/21
FIRE DISTRICT PROPERTY TO BE
BOUNDAY ANNEXED INTO DISTRICT
RE DISTRICT #2 BOU
�o
171318C0001 00
SWISHER TRUST
[Li
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4r
TYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97703 (541) 389-6959
SCALE: 1"=600 (DRAWN BY: P.A.T.
2617—SwIsher Trust property.dwg
f *4011:11r_1
ENC.INEENI NG N SURVEYING INC
SURVEYING,
725 NW Hill Street, Bend, Oregon 97703 - www.tyeengineering.com
Phone; 541-389-6959 • Fax; 541-385-1341
Deschutes County Legal Counsel
1300 NW Wall Street, Ste. 205
Bend, Oregon 97703
RE: Deschutes County Rural Fire District No. 2 annexation Petition
To whom it may concern;
On behalf of our client, David Swisher we have enclosed a petition, associated documents and
fee of $100.00 to annex a 40.00 acre parcel of land into the Deschutes County Rural Fire District
No. 2. The property is described as tax lot 600 on Tax Assessor's map 171318. There is not an
address assigned to this parcel. Please let me know if you need any additional information or
have any questions.
Sincerely,
Pamela Tennant
Engineering Technician
Tye Engineering & Surveying, Inc.
725 NW Hill Street
Bend, Oregon 97703
541-3 89-6959
ptennant@tyeengineering.com
EXHIBIT B
� Jf-f Es �O
Q -C
February 19, 2021
Nancy Blankenship
Deschutes County Clerk
ASSESSOR'S OFFICE
Scot Langton, Assessor
1300 NW Wall St, Suite 204 • Bend, OR 97703
P.O. Box 6005 • Bend, OR 97708
Phone (5411 388-6508
Fax (541) 382-1692
www.deschutes.org
Re: Petition for Deschutes County Fire District 42 (Don Swisher Trust, Carolyn Swisher
Trust & Maccloskey Revocable Trust)
Please be advised the attached petition meets the requirements of ORS 198.
Sincerely,
E5
Gregg Rossi ( Chief Cartographer
wDeschutes County Assessor's Office, Cartography Dept.
�•� "' 1300 NW Wall St. Suite 204 1 Bend, Oregon 97703
PO Box 60051 Bend, Oregon 97708
Tel: (541) 617 4703 1 Fax: (541) 382-1692
.■ :
ES 'r
t� ' -<
County Clerk
Petition for Annexation to
Deschutes County Rural Fire Protection District #2
(David Swisher, 1713180000600)
Clerk's Certification
I, Nancy Blankenship, Deschutes County Clerk, do hereby
certify that the signatures on the attached petition sheet are
not voters within the proposed area to be annexed. There are
zero (0) voters within the proposed area to be annexed. There
are zero (0) valid signatures on the attached petition within the
area proposed for annexation.
Dated this 12th day of February, 2021.
Nancy Blankenship
Deschutes County Clerk
W Street Suite 202 i PO Box 6005 Bend, C)rc:1K)'I �'s77t")i' r;i C;`: t `,Ot7 N\ .Na ct
(5,111 :3.;8 6')4-7 f.e IU ('Sr',L':X.. t,ro .,..iS S: CC,fC 11 @C;u`ll.t 1=-.,.. ..
www.descnut.e.s.clr-g/clerl<.
EXHIBIT C
) k V 1' 1 ; L.
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, AICP, Planning Manager
DATE: February 22, 2021
SUBJECT: Land Use Compatibility / Rural Fire Protection District #2
The materials contained in the Rural Fire Protection District #2 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 Rural Fire Protection District #2 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."
COG
141 2�
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 March 10, 2021
DATE: February 25, 2021
FROM: Pauline Word, Legal, 541-388-6622
TITLE OF AGENDA ITEM:
PUBLIC HEARING and Consideration of Board Signature of Order No. 2021-007
Annexation to Rural Fire District #2
RECOMMENDATION & ACTION REQUESTED:
Hold hearing and approve Order 2021-007
BACKGROUND AND POLICY IMPLICATIONS:
Dave Swisher, as chief petitioner, filed a petition to annex property into Rural Fire District #2.
The District approved the petition. The Assessor's Office and County Clerk certified the petition
and Community Development reviewed it for consistency with the County's comprehensive
plan.
FISCAL IMPLICATIONS: None
ATTENDANCE: Dave Doyle, Legal Counsel