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2022-440-Order No. 2022-060 Recorded 12/1/2022Recorded in Deschutes County CJ2022-440 Steve Dennison, County Clerk Commissioners' Journal 12/01 /2022 4:32:35 PM I 11 II 111111111111 II 111 II II For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving John and Katerine Barg annexation into River Forest Acres Special Road District * ORDER NO. 2022-060 * WHEREAS, John and Katerine Barg ("Petitioner") submitted a petition requesting annexation of the property, identified in Exhibit A in the petition attached to this Order, into River Forest Acres Special Road District ("District"); and WHEREAS, either the Deschutes County Clerk's Office and/or 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 November 28, 2022, 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 road services. PAGE 1 OF 2- ORDER NO. 2022-060 Dated this ok-o day of Nv►� , 2022. ATTEST: NwrAA19);ri-coYM-- BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, CHAIR ANTHONY DeBONE, VICE CHAIR Recording Secretary PHIL CHANG, COMMISSIONER PAGE 2 OF 2- ORDER NO. 2022-060 EXHIBIT A 1of2 PETITION ANNEX y INTO ,Brent of p$$pict) 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 fled pursuant to ORB 168.850 ll to 10.650to on her (dot.) and Petitioner request , Board commend described ein into Re v t r :+nr� M jr' Moo* of district), Deschutes County. Oregon. 2, Thts Petition for Annexation affects only Deschutes County end b not M any InccfPotated (AY limits. /1 3. The Board of ff S4 /.f (' -- t of daso* ) approved the petition pursuant to OR 198.850 o1 ( ). 4. The principal act for _jakeLiflo (name of disbid) is ORS ORS -11. • -' atargesaru aryro nnor nputut ant ORS 10 nay opropriato0 ic0�--� 6. The territory subject to this Petition for Annexation Is prlmsriy,tihebIteda uninhabited (circle one). This petition is signed by land owner and/or registered voter`ii the area proposed to be annexed as Indicated opposite their respective signature, end all signatures were obtained on or after the tar of, 20.,,,, Jrt�8a10 Cores, Ga�1� 6. The property street address(es) of land for annexation (if known) is/are, and the total acreage is ar.v e s A descdptlon of the boundaries of the territory to be annexed is attached hereto as Exhibit "A" and depicted on the map attached as Exhibit" B". 1. This Petition has been signed by at least 16 percent of the electors, or 100 electors w1 lehever number Is lesser, registered In the ems proposed to be annexed; or st least 15 owners or owners of 10 percent of the land, (whichever is grater) within the area proposed to be annexed. 8. A security deposit form and payment to attached to this petition. ,•nedthis * sit a4.4 DATED this day Approved by the Board of p a Q.LS-t 0 D`Signature By: f'_.,ta � 1 S lA c trrr,P. Tile: i? intsi Z r , ChiefPetltionef(s). CY', ).r eve ' (- Address, City, State, ZIP 20 DATED this day of 20 gaps:caWle) Approved by City of City Signature (Rint name) The: rev 0f/17 Durban COUr>w t.ep1 Coaae,,1300 N.W. Ws11 St. Su.203, Bead, OR 97iO3: VAX 3114114/41; iesa oouatat ores SEE A !TA NOT AR St1ZI CV IN ACCO CA CIVIL CHMENT FOR Y DATED: RDANCE WITH CODE. 1189 Scanned with CamScanner EXHIBIT A NAME OF DISTRICT: Q &ter p4,1 0 ati5 of wllndPaws1 AnnexAtion PRINT NAME DATE PROPERTYADDRESS1 SIGNED RESIDENCE ADDRESS °MDIffertat) UNDOwHisit R141 O CIFD 1PAARl1ORY/ YOUR 04 9PPRO1O W TpIRPIOIIY 2 3 4 s M1,T�l 4nkb* rl SI Print Name Mouths* PAS Nano Zoom Dae Deli Dete DPre 648g2D Ford Ln_7_.n PROPERTY ADDRESS Ywr ta.wr Yw No Ate__ YR McNYon PN RESS QfDffiiw PROPERTY ADDRESS RESIDENCE ADDRESS ii(DlSoos0 PROPERTY ADDRESS RESIDENCE ADDRESS Of Dttfaeet) PROPERTY ADDRESS .tESIDENCEMDDRESS aiDllfaeaP) PROPERTY ADDRESS RE 1DENCEADDRESS (It Dittoed) A 4 1 1 1 1 1 v 7 1 mosmO IwrUrrr tie Mr Yes Mom` taarrinor Yak—. Amgoir Vol Pb Scanned with CamScanner EXHIBIT A ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which thls certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California San Mateo County of on September 19, 2022 before me, 3. A. Taylor, Notary Public (insert name and title of the officer) personally appeared John F. Barg and Katherine S. Barg who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/Vila/they executed the same in /their authorized capacity(ies), and that by his their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature qi!!i!i!f!Eluiu!u!!!!u!!uulll!I!IlII!I!I!!!!!!!!I!!!IIIUIIIUIIUIIIIIiillulllur COMM. #2304700 r. NOTASAN MATED OUNTY - My Comm. Exp. Sep. 12, 2023 IlulU tuntiont iu!!IIIImiti i!II!ounnonimunluiilllummi UiIIIIUII (Seal) Scanned with CamScanner EXHIBIT A Security Deposit Special District Formation or R organization SEL 704 rev 01/18 ORS 198.775 0 Formation Annexation District and Precinct information Name of District Number of Precincts in District 0 Withdrawal 0 Dissolution ( - TT) `1`. IAmount of Deposit per Precinct I Total Deposit (max of $10,000) 4>i 0(Y2 Chief Petitioners I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of (q-)-‘ - f) Ok( cj-C1 ( 4 Ct. (,...' A-- tk ( - ... district exceeds the deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198.775) in Name print 1 1 . . ( c ..,- \ (:.,,,--. €:1.9 Signature (... i ', ',.._,.- ' I Residence' d, (1--\, I 11.13 'I) -2) ) i:)._,i'--, Mailing Address. if different City 0 () I State I Zip Code I 1 ),),. f` C- • ,(,), (22. (---)C1() ---1 —_ - City I State I Zip Code . /*- ,, Amount of Contribution/Value of Secured Deposit (0 ( — , . Kind of Contribution* C LOC:IL i ri)e-i---- Ej Cash 1E] Bond Ig'Other Security Deposit Name print Signature Residence I Mailing Address If different City 1 State 1 Zip Code I City I State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ID Other Security Deposit • Cash 1 • Bond Name print Signature Residence 1 Mailing Address if different City State I Zip Code 1 City I State I Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* lEj Other Security Deposit • Cash ID Bond Continued on the reverse side of this form Exm OrBIT AI%• ;y8?A foris4 Cn VokofIK After Recording, Send To: ��sohZ0 S � 5 .01-0 Toi l' 1,-4" `764,1n.D 0 Q- ern o 1 Grantee(s) Tax -Mailing Address: 54820 Forest Lane, Bend, OR 97707 Deschutes County Official Records 2015-017456 StnStn =4 BN 05/12/2015 08:11:21 AM $25.00 $11.00 $20.00 $10.00 $6.00 $93.00 $21.00 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 Conan fitment Number: 15311800 PROPERTY APPRAISAL (TAX/APN) PARCEL IDENTIFICATION NUMBER fotc- i4'`tSDO 211003A010200 QUITCLAIM DEED John F. Barg and Katherine S. Barg, husband and wife. hereinafter grantors, whose tax - mailing address is 54820 Forest Lane, Bend, OR 97707, for $0.00 (Zero Dollar and Zero Cents) and as a gift in consideration paid, grant and quitclaim to John F. Barg and Katherine S. Barg, Trustees of the Second Amendment to and Restatement of Declaration of Trust of the Barg Family Trust, dated February 26, 2014, hereinafter grantee, whose tax mailing address is 54820 Forest Lane, Bend, OR 97707, with quitclaim covenants, all right, title, interest and claim to the following land in the following real property: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Deschutes, STATE OF Oregon, AND IS DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER NORTHEAST EXII(I8 tifilBITNA N p92 QUARTER (NW1/4NE1/4), SECTION THREE (3), TOWNSHIP TWENTY-ONE (21) SOUTH, RANGE TEN (10) EAST OF THE WILLAMETTE MERIDIAN/ DESCHUTES COUNTY, OREGON, BEING MORE PARTICULARLY DESC IBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER TO SECTION 3, .TOWNSHIP 21 SOUTH, RANGE 10, EAST OF THE WILLAME ITE MERIDIAN; THENCE SOUTH 89°59'47" EAST, 997.30 FEET ALONG THE NORTH LINE OF SAID SECTION 3, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 00°51'03" WEST, 322.13 FEET; THENCE NORTH 89°59'12" EAST, 332.43 FEET; THENCE SOUTH 00°51'05" EAST, 322.23 FEET TO THE NORTH LINE OF SAID SECTION 3; THENCE SOUTH 1°00'47" EAST, 696.51 FEET TO THE SOUTH BANK OF FALL RIVER; THENCE ALONG THE SOUTH BANK OF FALL RIVER THE FOLLOWING TWO (2) COURSES: SOUTH 69°43'01" WEST, 136.61 FEET; THENCE NORTH 84°40'35" WEST, 210.14 FEET; THENCE LEAVING SAID SOUTH ;BANK OF FALL RIVER NORTH 00°36'31" WEST, 694.32 FEET TO THE SOUTHERLY RIGHT OF WAY OF A 60.00 FOOT ROAD EASEMENT; THENCE NORTH 00°00'13" WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING. Property Address is: 54820 Forest Lane, Bend, OR 97707 The real property described above is conveyed subject to.and with the benefit of: All easements, covenants, conditions and restrictions of record; in so far,as in force applicable. The real property described above is conveyed subject to the f9llowing: All easements, covenants, conditions and restrictions of record; All legal highways;Zoning, building and other laws, ordinances and regulations; Real estate taxes and assessments not yet due and payable; Rights of tenants in possession. TO HAVE AND TO FIOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said grantors, either in law or. equity, to the only proper use, benefit and behalf of the grantee forever. F:kx4b-k tie)' Vo 'io&ot t_n EXHIBIT A 2 \� >> BZO 01.13 &II 33S, EXHIBIT B County Clerk Petition for Annexation to River Forest Acres Special Road District 54820 Forest Ln, Bend Taxlot 211003A010200 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 6th day of November, 2022. Steve Dennison Deschutes County Clerk 13oo NV\I Wall Street Suite 202 I PO Box 6005 fiend. Oregon 97708-6005 (5-,2) 65;,7• election,( dcschutes orq I ;.,'11) 388-b5i,9 • recording(.-:deschutcs orq vvwv./.deschute0.00:jcierk EXHIBIT B DESCHUTES COUNTY ASSESSOR'S OFFICE v �2 CARTOGRAPHY DEPARTMENT o1300 NW Wall Street, Suite 204 I Bend, Oregon 97703 Office: (541) 388-6508 1 Fax: (541) 382-1692 Website: https://www.deschutes.orq/assessor Property Info: https://dial.deschutes.orq/ November 4, 2022 Steve Dennison Deschutes County Clerk Re: River Forest Acres Road District (Barg Family Trust) 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 C COMMUNITY DEVELOPMENT TO: Deschutes County Board of Commissioners FROM: Will Groves, Planning Manager DATE: November 3, 2022 SUBJECT: Land Use Compatibility, 54820 Forest Lane, River Forest Acres Special Road District Annexation The materials contained in the petition propose to annex lands `to the River Forest Acres Special Road District. This annexation is 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 this 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." 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 e. (541) 388-6575 @cdd@deschutes.org www.deschutes.org/cd BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: November 28, 2022 SUBJECT: Public Hearing and Orders Considering Barg and Hellmuth annexations to River Forest Acres Special Road District RECOMMENDED MOTION: Move approval of Board signatures on Order Nos. 2022-060 & 2022-061, annexing certain properties into River Forest Acres Special Road District. BACKGROUND AND POLICY IMPLICATIONS: John and Katerine Barg and Lee Hellmuth filed separate petitions to annex property into River Forest Acres Special Road District. The District approved the petitions. The Assessor's Office and/or County Clerk certified the petitions. Community Development reviewed them for consistency with the County's comprehensive plan. BUDGET IMPACTS: None ATTENDANCE: Kim Riley, Legal