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2021-357-Order No. 2021-037 Recorded 9/3/2021REVIEWED LEGAL COUNSEL, Recorded in Deschutes County CJ2021-357 Steve Dennison, County Clerk Commissioners' Journal 09/03/2021 8:01:00 AM IIIIIUIIIIIIIIIIIIIIIIIIIIIIII BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Crow and Stratton annexation into Cloverdale Rural Fire * ORDER NO. 2021-037 Protection District WHEREAS, Jim Crow and Caroline Stratton ("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 September 1, 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. Section 3. The purpose of this District is to provide fire protection services. PAGE 1 OF 2- ORDER NO. 2021-037 Dated this day of 21. ATTEST: I 'i Ag Recording Secretary PAGE 2 OF 2- ORDER NO, 2021-037 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, CHAIR PHIL CHANG, VICE CHAIR PATTI ADAIR, COMMISSIONER PETITION TO ANNEX PROPSRTY INTO (Name of District) Sffl,��11111 I M, -,M 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 (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 e- X, (name 'Al of district) approved the petition pursuant To—dvS (insert date). 4. The principal act for S4 C (name of district) is ORS (Proper statutory reference required, see ORS 198.010 for listing ofoppropriale PrinciPal act) 5. The territory subject to this Petition for Annexation is primarily inhabited I uninhabited (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 __Zg? - 2�- a day of20.,7c? �_Z , — 6. The property street address(es) of land for annexation (if known) is/are C"Y' and the total acreage A rlpqrrintinn 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 petitiop. Signed this day of 2VO by,, n Signatu Address, City, State, ZIP DATED this _ day of Approved by the Board of --------- wa-7�;-— --- -- —e of District C)istrict Signature By:_ (Znn—�tN2 DATED this _ day of Chief Petitioner(s). (if applicabie) Approved by City Of City Signature (Print Name) I Mo.- rev 05/ 17 Dc,whwes County Ugal Counsel, 1100 N—W, Wall St.. Ste, 205. Bend, OR 97703; PAX 541-6 1 7-4749iegalcouncel(o?deschutes.org . , � - • � .fay ..� 4� • cV N < V, 1,1ti74 e�I�aOp XtjjE� atl 7 2 :•caxtdxg uotsstunuo,) AN uoSwo aq; oilgnd ,�JeloN �oL30 ��1��—" - Sil�1 aw 0a�X2g N?]OMS UT1V U3IIIkUSf3l1$ ;o aquas _ S__. a } �9_..°3o taunoa ;anlau9tS �aauasaad ,(uf ut os pip uon!lad snp pauOis oyM uosiad Alan.) puv •uoil!lad slip paluinalp I hyl /.4p,03' Q 04 W xx �C) 0 3 WOw0 CW FF—'a,'�F Fl04 J> o� a �> o �> a w I> v ..d0a.0 �aU � o d I( ^UU,OrOaD 2a3 OcW N z M!CropOG tip l it O O 4 ? cCtl u O Nu ZO az z@>W 1 . j en LU Cn va %)UA W W W LLJ Q a � � � tf5 1 I v G a V) MM ■ a C.. 19171 WARRANTY HEED E11 RUSS= L. HIATT and RUTH H. HiATT, husband and wife hereinafter called grantor, conveys to CHARLES G. FULLERTON and MARIE B. FULLERTON, husband and wife hereinafter called grantee all the following described real property situated in Deschutes County, State of Oregon, to -wit: PARCEL l: A parcel of land situate in the Northeast Quarter of the Northwest Quarter (NE 1/4 14W 1/4) of Section Eighteen (18), Township Sixteen (16) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, and now to be more particularly described as follows: Commencing at the North Quarter corner of said Section 18, the Initial Point; thence South 00" 25' 00" West, 386.62 feet to a 5/8" pin and the point of beginning; them South 001 25' 00" West, 370.42 feet to a 1/21' pipe; thence North 89° 36' 00" West, 939.88 feet to the centerline of a County road; thence 161.59 feet along the arc of a curve left of said centerline forming a delta angle of 32° 38' 32" and having a radius of 283.64 feet to the P.T. (point of tangency) of said curve; thence North 75° 12' 55" West along said road centerline, 140.89 feet to the P.C. (point of curvature) of said road centerline; thence 87.82 feet along the arc of said curve right forming a delta angle of 27* 54' IA" and having a radius of 180.27 feet; thence North 001 25' 00" East, 212.72 feet; thence South 89* 36' 00" East, 1290.00 feet to the point of be- ginning. The above County road monumented by 1/2" pipes on the rights of way of the above described centerline points. PARCEL 2: A parcel of land situate in the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section Eighteen (18). Township Sixteen (16) South, range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, and now to be more particularly described as follows: Commencing at the North Quarter corner of said Section 18, the Initial Point; thence South 000 25' 00" West, 757.04 feet to a 1/2" pipe at the point of beginning: thence South 000 25, 00" West, 561.80 feet to a 1/2" pin; thence North 890 36' 00" West, 697.35 feet to the centerline of a County road; thence 109.30 feet along the arc of a curve left of said County road centerline forming a delta angle of 05° 49' 46" and having a radius of 1074.30 feet to the P.T. (point of tangency) of said curve; thence North 211 43' 10" West along said road centerline 401.67 feet to the B.C. (point of curva- ture) of said road centerline; thence 103.23 feet along the arc of said curve left forming a delta angle of 20® 51' 13" and having a radius of 283.64 feet; thence South 89" 36' 00" Cast, 939.88 feet to the point of beginning. The above County road monumented by 1/2" pipes on the right of ways of the above described centerline points. f CNARLU A. MARSCN ! AT'TORNKV Al LAW °• Page 1 RgWALL 511 NO. OREGON 89701 BEND TITLE COMPANY 100 BOND, BEND, OREGON 9"131 MWMW All c.nt "nnigelf �a-Re� Mori 6r •less 199 iACi Reserving, however, in the grantor, their heirs and assigns, an easement for an existing driveway as presently located for the use and benefit of the land lying immediately North of the land agreed to be sold, consisting of 11.8054 acres to run with the land for ingress and egress to said lands. and covenants that grantor is the owner of the above described property free of encumbrances except subject tot Taxes; and Existence of roads, railroads, irrigation ditches and canals, telephone, telegraph and power transmission facilities and will warrant and defend the same against all persons who may lawfully claim the sane except as shown above. The true and actual consideration for this transfer is $20,000.00° Dated this _*2 day of September, 1973. U, a STATE or oREGoN, County of Deschutes )ss. Attorney in Fact Personally appeared the above named Russell L. Hiatt and Ruth H. by Russell Hiatt. her Attorney in Fact HiaCt) husband and wife and acknowledged the foregoing instrument to be their voluntary act. C 6E 61 A A� g. go My Commission Expires- ICH S17l STATE10FOPIEGON County of M-chrit,-. Ih" wo.m the'af—day M R—d' QSEMARY PATTEPSON pp Oputy 4 -4M ROW, EXHIBIT A OD co 00 F�.111111111111 CARTOGRAPHY DEPARTMENT 1300 NW Wall Street, Suite 204 1 Bend, Oregon 97703 Office: (541) 388-6508 1 Fax: (541) 382-1692 Website: https://www.deschutes.org/assessor Property Info: https://dial.deschqt@§.orc/ August 6, 2021 Steve Dennison Deschutes County Clerk Re: Petition for Cloverdale Rural Fire Protection District (Jimmy Crow Maroline Stratton) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, O'�ES X\ County Clerk Petition for Annexation to Cloverdale Fire District (65920 Sisemore Rd, Bend) 1, Steve Dennison, 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. Steve Dennison Deschutes County Clerk .?oo iwwall Stf St 20? p 3()x (,005 Bend, 0!eoo! I9770600' 388 654 el(-?(*IioIIt,�(i(,,,,(;,Itjtes (511) 388 65t9 ' rAcord EXHIBIT C 1l_\LNU R TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager DATE: August 3, 2021 SUBJECT: Land Use Compatibility / Cloverdale Fire District The materials contained in the petition to annex 65920 Sisemore Road 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 District and annexation.' '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." I E s CoCOMM n 2<BOARD OF pp N SSIONERS MEETING DATE: 9/1/2021 SUBJECT: Public Hearing and Consideration of Order 2021-037 Approving Annexation to Cloverdale Rural Fire Protection District RECOMMENDED MOTION Move approval of Order 2021-037 BACKGROUND AND POLICY IMPLICATIONS: Jim Crow and Caroline Stratton, as chief petitioners, filed a petition to annex property into Cloverdale Rural Fire Protection District. 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. BUDGET IMPACTS: None ATTENDANCE: Dave Doyle, Legal Counsel