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2024-162-Order No. 2024-020 Recorded 7/1/2024REVIEWED LF'GAL COUNSEL Recorded in Deschutes County CJ2024-162 Steve Dennison, County Clerk Commissioners' Journal 07/01 /2024 11:36:45 AM -4 nw_ ,��'� IIIIIIIIlE�IlIIIIIlIIIEIIIIIII 2024-162 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving Calande annexation into Rural Fire Protection District #2 * ORDER NO. 2024-020 * WHEREAS, Christian and Patti Calande ("Petitioner") submitted a petition requesting annexation of the property identified in Exhibit A in the petition attached to this Order, into Deschutes County Rural Fire Protection 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 reviewed the petition regarding the land use compatibility statement in Exhibit C in the petition attached to this Order; and WHEREAS, Oregon Department of Revenue reviewed the petition and granted preliminary approval, as indicated in Exhibit D in the petition attached to this Order; and WHEREAS, the Board held a duly noticed public hearing on June 26, 2024, 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.2024-020 Section 4. The purpose of this District is to provide fire services. Dated this day of�_q&, 2024. AYFEST: Recording Secretary PAGE 2 OF 2- ORDER NO. 2024-020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON v' PATTI ADAIR, CHAIR ANTHONY DeBONE, VICE CHAIR PHIL CHANG, CO MISSIONER By: PET#TION TO ANNEX PROPERTY TO DESCHUTES COUNTV RURAL FIRE PROTECTION DISTRICT #2 TO: The Board Of County Commissioners Deschutes County, Oregon The undersigned, in support of this I>etition, state as follows: This Petition for Annexation is filed pursuant to ORS 198.705 to 198.9.55 2. This annexation Petition affects only Deschutes County and Deschutes County Rural Fire Protection District #2 (DCRFPD f12) The principal act for DCRFPJ) #2 is ORS 478.0-0 1, et seq. 4. The territory that is subject to this petition for annexation is primarity inhabited. The attached petitions in support of this annexation are sigmed by land owners and registered voters in the area proposed to be annexed as indicated opposite their respective signatures, ajid that all signatures were obtained on or after the _Z a day of 5. It is requested that tile proceedings be taken for the annexation of said territory to Deschutes Cotmty Rural Fire Protection District 112, Deschutes County, Oregon, A description of the boundaries of the territory to be annexed is attached hereto and marked Exhibit (W), G. 'I'bat said petition has been signed by 15 perwnt of the electors, or 100 electors whichever number is lesser, or IS owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. -NAM E--.- ADDRESS__jippo 1� ADDRESS Approved by the Board of directors of Deschutes County Rural Fire Protection District #2 this of Approved by City of Bend Board of Directors DCRFPD #2 BY O �C .0 m :Sad[dX.4 uo►SsiLu moo XNj uoSajo joj o!Ignd km)oK Z `If vv jo ,Ceps sigl atu arojoq t atoms umv agslxosanS o aat1s Y %jo 4iunoo �� US p!p uoupd s!qi paugls oqM uosaad AJOAa pyre `uolj!jad sn{2 palulnomo I leg) Xj!uao `— ---'"� I F"' O a aF Cd y a�Z0 G a�z� C n adz C C y J7.24 G y a> od ts' ony Q A !a A Q t� Q. ?-Y 2 z H E z W a �? o r` t a W O a Q � � ate. a � Q z/.� � H r� z z z z z EXHIBIT "A" Name: Christian Calande Address: 18700 BULL SPRINGS RD, BEND, OR 97703 Tax Lot Number: 1711000002709 Property described as: The Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 15, Township 17 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon. 8 8 ZLi , Ili �f lz� � n AmeriTitle After recording return to: Christian D. Calande and Patti L. Calande 2473 NW LemW Pass Dr. Bend, OR 97703 Until a change is requested all tax statements shall be sent to the following address: Christian D. Calande and Patti L. Calande 2473 NW Lemhi Pass Dr. Bend, OR 97703 File No. 177617AM THIS SPACE RESERVED FOR RECORDER'S USE Deschutes County Official Records 2017-027382 tn=O BINS07/14/2017 11:28:00 AM tn S10.00 $11.00 $10.00 $6.00 $21.00 $58.00 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 Kelly L. Smith, Trustees or the successor Trustee, of the KLS2 Revocable Trust UTD February 11, 2010, Grantor(s), hereby convey and warrant to Christian D. Calande and Patti L. Calande, as Tenants by the Entirety, Grantee(s), the following described real property in the County of Deschutes and State of Oregon free of encumbrances except as specifically set forth herein: Parcel 1: The Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 15, Township 17 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon. Parcel 2: The Southeast Quarter of The Southwest Quarter (SE 1 /4 SW 1/4) of Section Ten (10), Township Seventeen (17) South, Range Eleven (11) EAST of the Willamette Meridian, Deschutes County, Oregon. ALSO INCLUDING: That portion of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section Ten (10), Township Seventeen (17) South, Range Eleven (11) East of the Willamette Meridian, Deschutes County, Oregon, lying South and West of the following described line: Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 10; thence South 451 09' 12" East 1851.78 feet to the Southeast corner of the Southwest Quarter of the Southeast Quarter of said Section 10 and the end of this description. Parcel 3: Easements for ingress and egress, including the terms and provisions thereof, recorded March 14, 1983 in Book 7, Page 537, March 16, 1987, in Book 0142, Page 2338 and .tune 21, 2001, as Instrument No. 2001- 29713. FOR INFORMATION PURPOSES ONLY, THE MAP/TAX ACCT t0(S) ARE REFERENCED HERE: 171000 00 02709 Ito: 171100 00 02719 A ibl The true and actual consideration for this conveyance is $1,100,000.00. EXHIBIT A Page 2 Statutory Warranty Deed Escrow No. 177617AM The above -described property is free of encumbrances except all those items of record, if any, as of the date of this deed and those shown below, if any: 2017-2018 Real Property Taxes, a lien not yet due and payable. 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 __Z:!�_ day of.. KLS2 Revocable Trust -- Kelly L. Smit i, Trustee or Successor Trustee State of Oregon } ss County of Deschutes} On this day of July, 2017, before me, 1•�- ` a'�A.t�t(11tC�a Notary Public in and for said state, personally appeared Kelly Smith, Trustee, known or identified to me to He the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed same, IN WITNESS WHEREOF, t have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary b is or a State of Oregon Residing t: - & Commission Expires: bC;o " = .\i*""'COMMSIO NOTARY PUBLIQ-0RE e i� (ifry8' IR�SJAN{iAq�1+.Qp, Petition for Annexation to Deschutes County Rural Fire Protection District #2 (18700 Bull Springs Rd, Bend, Taxlot 1711000002709) Clerks C'ertifica►tion I, Steve Dennison, Deschutes County Clerk, do hereby certify that the signature on the attached petition sheet is not a registered voter within the proposed area to be annexed. There is one (1) registered voter within the proposed area to be annexed. Dated this 311 day of June, 2024. Steve Dennison Deschutes County Clerk 13oo NW Wall Street Suite znz 1 PO Box 600S Bend, Oregon 977o8 6005 (54a)388-6547• elections deschutes org 1 (541) 388.6549 • record ingQa deschutes org www deschutes org/clerk EXHIBIT B DESCHUTES COUNTY ASSESSOR'S OFFICE CARTOGRAPHY DEPARTMENT 1300 NW Wall Street, Suite 204 ( Bend, Oregon 97703 Office: (541) 388-6508 1 Fax: (541) 382-1692 Website: https://www.deschutes.org/assessor Property Info: https://dial.deschutes.org/ June 3, 2024 Steve Dennison Deschutes County Clerk Re: DC Rural Fire Protection Distrct ##2 (Patti & Christian Calande) Please be advised the attached petition meets the requirements of ORS 198. Sincerely, Gregg Rossi Chief Cartographer Deschutes County Assessor's Office, Cartography Dept. 1300 NW Wall St. Suite 204 1 Bend, Oregon 97703 PO Box 6005 Bend, Oregon 97708 Tel: (541) 617-4703 1 Fax: (541) 382-1692 ESC7 � 3 EXHIBIT C COMMUNITYL 1P, . .ti TO: Deschutes County Board of Commissioners FROM: Will Groves, Planning Manager DATE: May 22, 2024 SUBJECT: Land Use Compatibility, 18700 Bull Springs Road - Deschutes County Rural Fire Protection District #2 Annexation The materials contained in the petition propose to annex lands to the Deschutes County Rural Fire Protection District #2 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'. N ' 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." 11 '7 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708 6005 k,� (541) 388 6575 @ cddCOdeschutes.org () www.deschutes.org/cd Boundary Change Preliminary Review DOR 9-P 124-2024 Deschutes County RFPD 2 Executive Director 1212 SW Simpson Ave Bend OR 97702 May 15, 2024 Documents received: 4/25/2024 From: Gary Marshall O R E G O N DEPARTMENT �WWO F REVENUE Cadastral Information Systems Unit PO Box 14380' Salem, OR 97309-5075 fax 503-945-8737 boundai-y,changes@dor,oregon.gov This letter is to inform you that the Description and Map for your plarin Deschutes RFPD No 2 (Chris Calande) in Deschutes County have been request. They MEET the requirements of ORS 308.225 for use with au a'. Resolution which must be submitted to the Deschutes County Assessqf,�' Revenue in final approved form before March 31 of the year in effective. If you have any questions please contact Robert Ayers, 503-983-3032 Aazrt' oXh ion to the vIowec per your fr,>Ordinance, oz- the Department of change will become wT E S CO ` BOARD OF COMMISSIONERS MEETING DATE: June 26, 2024 SUBIECT: Public Hearing and Order No. 2024-020 regarding the proposed Calande annexation to Rural Fire Protection District #2 RECOMMENDED MOTION: Following the public hearing, move approval of Board Order No. 2024-020. BACKGROUND AND POLICY IMPLICATIONS: Christian and Patti Calande filed a petition to annex property into Deschutes County Rural Fire Protection District #2. The District approved the petition. The Assessor's Office and County Clerk certified the petition, and Community Development also reviewed the petition for land use compatibility. BUDGET IMPACTS: None ATTENDANCE: Dave Doyle, Legal