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2021-466-Order No. 2021-061 Recorded 12/7/2021Recorded in Deschutes County CJ2021-466 Steve Dennison, County Clerk Commissioners' Journal 12/07/2021 11:43:28 AM �.j1ES 11111111 III 111111111111111111 ror kecorwng Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Fordyce annexation into Rural Fire District #2 * * ORDER NO. 2021-061 * WHEREAS, Kody and Kristina Fordyce and Kent and Kathy Fordyce ("Petitioner") submitted a petition requesting annexation of their property, identified in Exhibit A in the petition attached to this Order, into Rural Fire District #2 ("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 December 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 4. The purpose of this District is to provide fire protection services. PAGE 1 OF 2- ORDER NO. 2021-061 Dated this J day of 021. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST o�- j c Recording Se ary PATTI ADAIR, COMMISSIONER m7,2,*z, ANTHONY DeBONE, CHAIR PHIL CHANG, V ' E CHAIR PAGE 2 OF 2- ORDER NO. 2021-061 EXHIBIT A PETITION TO ANNEX PROPERTY INTO Daze•.•.-- % Cs. X-k (L..<0.\ F; c'sk. ro >r eck 4s, 0154. #2 (Name of District) C DC11.F ) Z� 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 c1/2M2� (date) and Petitioners request the Board commence proceedings to annex the territory described herein into CJULFx 2 (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 DC iL F t 2- (name of district) 9/I1/ 2_1 (insert date). approved the petition pursuant to ORS 198.850 on 4. The principal act for 160. F? 0 tf L. (name of district) is ORS (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 lnhabite / uninhabited (circle one). This petition is signed by land owners and/or registered vutei n i tl is area proposed to be annexed as indicated opposite their respective signature, and all signatures were obtained on or after the 2_ 1- day of, 2021. 5. The property street address(es) of land for annexation (if known) is/are GO% S T C.,(J <J (?..,„. j v R. 91-1- OZ, and the total acreage is `1 .83 ctc.5el . 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 21tt.dav of StPks"--‘'e.� Signature DATED this , 202( by 1c<ocb7 23v55 13c.cc`"%--1 Address, 'City, State, ZIP day of ,20 DATED this day of Approved by the Board of Name of District District Signature By: (Print Name) Title: , Chief Petitioner(s), (if applicable) Approved by City of ,20 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 EXHIBIT A PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT #2 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 198.705 to 198.955 2. This annexation Petition affects only Deschutes County and Deschutes County Rural Fire Protection District #2 (DCRFPD #2) 3. The principal act for DCRFPD #2 is ORS 478.0-01, et seq. 4. The territory that is subject to this petition for annexation is primarily inhabited. The attached petitions in support of this annexation are signed by land owners and registered voters in the area proposed to be annexed as indicated opposite their respective si natures, and that all signatures were obtained on or after the 2 S"} L. day of 5. It is requested that the proceedings be taken for the annexation of said territory to Deschutes County Rural Fire Protection District #2, Deschutes County, Oregon. A description of the boundaries of the territory to be annexed is attached hereto and marked Exhibit «A» 6. That said petition has been signed by 15 percent of the electors, or 100 electors' whichever number is lesser, or 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. Dated this 2S4 day of A2fi21 • NAME \< 1 .- 14- '6S v. w RI( e k. NAME \&4. v. F lac 44- reirdlick. ADDRESS G,Q15-0 Gro-Cf- rc ADDRESS G `1 so (,0614 rc QA.wJ 6 R 51-"K.2_ 13r4. 6ft cI-1 1- o2- PHONE S'Q3- 33G - S.L(3 PHONE $03-336— Sti-74 Approved by the Board of directors of Deschutes County Rural Fire Protection District #2 this L/ day of m,\DPf , Zo 2- Approved by City of Bend Board of Directors DCRFPD #2 EXHIBIT A Security Deposit Special District Formation or Reorganization ❑ Formation XI Annexation District and Precinct Information SEL 704 rev 01/18 ORS 198.775 ❑ Withdrawal ❑ Dissolution Name of District OZS &`"Ve 1• r-t. Pc-6 c.V % Q Number of Precincts in District Amount of Deposit per Precinct I Total Deposit (max of $10,000) Chief Petitioners I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of t' 9 9 i$- Z district exceeds the U rp icy ( 0 L deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198.775) Name print Signature Residence I Z..305S Sc.cc'-,,-- L'^ Mailing Address if different City 1 State I3K-k^3( 0t•-• I Zip Code 9'4-1-a Z___ City 1 State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash ❑ Bond ❑ Other Security Deposit Name print ‘4"1S nf1 N(� kc&•.-1 C Signature Residence 1 Mailing Address if different City I State I Zip Code I City I State I Zip Code l• 1f M. ,e iN i. Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash I ❑ Bond Other Security Deposit I • Name print ev. 4 ---PC- c) C & Signature Residence ,' „ Mailing Address if different City S... 1 I State I •% Zip Code ll I 1 I City I State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* Cash I ❑ Bond ❑ Other Security Deposit Continued on the reverse side of this form FXHIRIT A Person/Organizations Providing Any Part of Cash/Security Deposit Name print Kc.A-'1 1 urc5\7 c Signature Residence %% Ir Mailing Address if different City State I Zip Code r ,r %. /r s% •r City I State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* Xj 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 I ❑ Bond ❑ Other Security Deposit Name print Residence Signature Mailing Address if different City State Zip Code City IState Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash ❑ Bond I❑ Other Security Deposit Additional Description *Provide additional description of security deposit below, on the back of this form or on separate sheets. Additional contributors may be listed on separate sheets and attached. EXHIBIT A tat 'EZ hartiof Same V 3An 0498eONNO4SS 103 11093310.011PelAN111014 s I] I3r 314ViCI 3713H3V awbs�iro a 0 tU n a -4- f 0 lJ be d 3 U 0 O z LC(...' 1=art P kc4- 0-15} LOUIS &IZIOO nip) �2'2 (sze 0 :saltdxg uoIss!wuloJ nw t oz. raaiueuiiS tom•- a%e't a I 1 ? ‘1"'•n? uoaap aoI ailgnd naeloNN1 :!\ -) r) 3o .cep sign au( aaoJaq UNV 0321113sgnS c � O(', 3 Q Jo 3le1S c; 2� (r 14 )<y;(, 3o niunoj aanleuSts aauasaid 'Oa ui os pip uo!piad sup pau3is oqM uosiad liana pue'uoimad siy paleinaaia ,Cpuaa - - ] I, � L. �> t ) I en }z°¢ri}z� (75 ca cn uJ cZ 0 0 O 0 • Q LL) F- 7 cu cL a.0 oce no a. ce NJ s OL O `� 1 J to tea- O • 0 J c fCe 0 0a RESIDENCE ADDRESS (If Differe Q c to to uL) z L 0 W PROPERTY ADDRESS L 0 RESIDENCE ADDRESS a- nat 0 el al CIO 0 J Q � c a. 0 t-` RESIDENCE ADDRESS (1 PROPERTY ADDRESS RESIDENCE ADDRESS (If Different) 0 Q 0 v ro 0 v 0 N eo v is 0 a) crs tal c f`4 E. V O o � � H1aoN o 0 N N 0 N 0 0 0 0 N N EN Z O v 0 ° EE Z Hco« . \ N ^ U y o v 0.� va '- E<i .� a n w i i d Nv d-p p, v z_ v o.. v C t O N 2 .. .- N Q Z L - Mvu 0 a N N :.1-5 p w p a O N U .Uc C.L+ Y U M `O ° T j -. v 0 14 nv2 .. ?O« U..+O O C V c'nE "' v - yvv ."c..-. 3N Oc\_ a?m 0_ o o d c 0 o 'v E- - °1 0 o y y _ _ y tical cp v� rn`o0 ryN.w.0 .5a^6 00)).0 S `o\tT v,m WNW«° O Z^r4 S0N 0_Oc9 _' 5ZNo n0+ °o0Eco,o aw- RTn. 1. E3rn Vim` Il Loao�NN vo a �'�,� .. o n Z om U � ri: 30j `H 1a,1' C rn .N ` o c O v T V o rn w -oviy«°u�u x0�� Mg 1 Z9-Zooz dd L 133 Vd 0 N I a V 3 8 (n) ,ZS ZSf 1 (la) .r9Z6Z1 Yn) .ZSZ6z .9Z'Lf9 rf mod '910 awn100 gad sasodind 000p008 oII90d 91' 1f 9 3.Z0,1f.00N !0 91298 3 Ed L -u� E 1 - (ta) ,10199 '(n) ,L6'099 (ta'n) 3.Z0,1f.00N A! (n) ,L1ZSfI N (98L0S o6od 'f00Z awnlo�) _ ° r p.� W \ p)oa 1 0l0009 — _ — H 1 01 bl-L66( dd w Cc I a Z 1308Hd 01 as In UI NOTE: No Water Rights or Dist (/a'n) 3.SS,LZ.00N Own) 3.9S.L2.00N O T E o O U O Y O 9 N 11 5 O U II U N' . . - E ��- co. Iw o - O ' O a c Y y '°' N N N u �° cn Eo tiicnE(viviE a°w` a�aa�� II II II II II II II II 11 O O 4 m & cc ce 2 o 0 o m N � ' N1_ . ON O 0 0 `ON EEN 0Sjn Zv Z z E° o 0 N V U ° K n 6a v' a ` oo n = a u ° ut . Z9-ZOOZ dd Z 13D(Vd .9Z'199 91' 199 t No. 1992-2 by Raymond Oman ap rn 0 0 00 J 1— W.O. # 6268-19 (541) 382-8882 (1.1 ° c o 41 3,Z0.1£.004 (fa) ,101.99 '(n) .04' 199 (fan) 320,1f.00N (fan) 3,Z0,1£.00N — adoa .Joao bL-1661 dd 133aVd EXHIBIT A After recording return to. First American Title 595 SW Bluff Drive, Suite 100 Bend, OR 97702 After recording return to: Kent Fordyce and Kathy Fordyce 60950 Groff Road Bend, OR 97702 Until a change is requested all tax statements shall be sent to the following address: Kent Fordyce and Kathy Fordyce 60950 Groff Road Bend, OR 97702 File No.: 7061-3676140 (JNR) Date: February 08, 2021 THIS SPACE RESERVED FOR RECORDER'S USE Deschutes County Official Records 2021-21949 0-0 BN 04/07/2021 02:54 PM Stn=1 510.00 511.00 $10.00 $61.00 $6.00 $98.00 1, Nancy Blankenship, County Clerk for Deschutes County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Nancy Blankenship - County Clerk STATUTORY WARRANTY DEED David McDonald and Elizibeth McDonald, as tenants by the entirety, Grantor, conveys and warrants to Kent Fordyce and Kathy Fordyce as tenants by the entirety and Kody Fordyce and Kristina Fordyce as tenants by the entirety, not as tenants in common but with rights of survivorship , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Deschutes, State of Oregon, described as follows: PARCEL 2 OF PARTITION PLAT 2006-03, DESCHUTES COUNTY, OREGON. Subject to: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $440,000.00. (Here comply with requirements of ORS 93.030) Page 1 of 2 EXHIBIT A APN: 251302 Statutory Warranty Deed File No.: 7061-3676140 (JNR) -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this ` O ay of ,(� 2 ( , 20 �-z David Donald Elizabeth McDonald STATE OF Oregon )ss. County of Deschutes This instrument was acknowledged before me on this % day of V\, 204 by David McDonald and Elizabeth McDonald. blic for Oregon /„ commission expires: (�i Page 2 of 2 4 Fist American Title EX! IIDIT A 181316 00 01401,181316 00 01401 60950 Groff Rd Bend, OR 97702 u o e t<.to O m 01400 9.37Ac 01401 9.83Ac 01801 9.32Ac 219/2021 Taxlot Subject Taxlot Fast American Tito Insurer.. C oropary makes no express or implied warranty respecting the Information presented and msom es no responsibility for erro rs or omissions. FIR Sr AhERICAN, the Eagle logo, and FIRST AMERICAN TRLE HSURANC ECOMPANY are trademarksovmed by First American Financial Corporation. Information is provided by N omeJuncdon. h tps-ANwwhomebincbon.tOnV School information is copyrighted and provid sl by Greatschuols.og. treps::isvnw.g real schools.org P �AIII u1I- EXHIBIT A ) .CA111011 EXHIBIT B DESCHUTES COUNTY ASSESSOR'S OFFICE CARTOGRAPHY DEPARTMENT 1300 NW Wall Street, Suite 204 I Bend, Oregon 97703 Office: (541) 388-6508 I Fax: (541) 382-1692 Website: https://www.deschutes.orq/assessor Property Info: https://dial.deschutes.org/ November 1, 2021 Steve Dennison Deschutes County Clerk Re: Petition for Rural Fire Protection District #2 (Fordyce) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, Gregg Rossi I Chief Cartographer Deschutes County Assessor's Office, Cartography Dept. 1300 NW Wall St. Suite 204 I Bend, Oregon 97703 PO Box 6005 I Bend, Oregon 97708 Tel: (541) 617-4703 I Fax: (541) 382-1692 EXHIBIT B County Clerk Petition for Annexation to Deschutes County Rural Fire Protection District #2 (60950 Groff Rd, Bend) Clerk's Certification I, 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. Dated this 29`h day of October, 2021. Steve Dennison Deschutes County Clerk 11-300. NW Wall Street Suite 202 I PO E3ox 6005 Bend, Oregon 97708 6005 (541) 388 6547 • elections@deschutes.org (541) 388 6549 • recoreing@deschutes.ore www.desChutes.org,/Clerk EXHIBIT C 1-ES V COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Director DATE: October 20, 2021 SUBJECT: Land Use Compatibility / Rural Fire Protection District #2 The materials contained in the petition to annex 60950 Groff Road are consistent with Title 18, County Zoning, and Title 23, Deschutes County Comprehensive Plan. There are no local land use regulations or policies that specifically address Rural Fire Protection District #2 and annexation.1 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." BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: 12/1 /21 SUBJECT: Public Hearing and Consideration of Order 2021-061 Approving Annexation to Rural Fire District #2 RECOMMENDED MOTION: Move approval of Order 2021-061 BACKGROUND AND POLICY IMPLICATIONS: Kody and Kristina Fordyce and Kent and Kathy Fordyce 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. BUDGET IMPACTS: None ATTENDANCE: Dave Doyle, Legal Counsel