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2001-839-Order No. 2001-107 Recorded 11/8/2001REVIEWED egal unset COUNTY OFFICIALMARYHSUE SPENHOLLOW, COUNTYRCLERKS U 2001-839 COMMISSIONERS' JOURNAL 11/08/2001 11;11;18 AM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving a Petition for Designation of Territory as Deschutes River Homesites, Unit 6, Parts I and II, No Shooting District * ORDER NO. 2001-107 WHEREAS, a petition requesting designation of certain territory as a restricted area pursuant to Deschutes County Code (DCC) section 9.08, referred to as the "Deschutes River Homesites, Unit 6, Parts I and II, No Shooting District filed with the County and submitted to the Board of County Commissioners, a copy of which petition is attached hereto as Exhibit 1 and by this reference is incorporated herein; and WHEREAS, the Deschutes County Clerk has verified that the no discharging of firearms district petition was signed by no less than 60 percent of the registered voters of the subdivisions included within the proposed restricted area; a copy of the Clerk's Certification is attached as Exhibit 2 and WHEREAS, the Deschutes County Assessor has verified that the no discharging of firearms district petition was signed by no less than 100 percent of the owners of the contiguous lots included within the proposed restricted area; a copy of the Assessor's Certification is attached as Exhibit 3 and WHEREAS, the Board of County Commissioners accepted the petition in Order No. 2001-106 on October 24, 2001 and WHEREAS, after notice was provide in accordance with ORS 198.800 (2) and DCC 9.08.080, a public hearing was held November 7, 2001, to hear the petition and any objections thereto and to determine whether or not the area petitioned should be restricted pursuant to the Chapter 9.08 of the Deschutes County Code; and WHEREAS, after considering the petition, and all arguments submitted in favor of and in opposition to the petition presented during the public hearing; and ORDER NO. 2001-107 WHEREAS, testimony was presented at the hearing before the Board that property owners, their guests or their tenants have been experiencing unwanted firearm debris landing on their property, disturbances from the extreme noise resulting from the discharging of firearms and people trespassing on the properties in the proposed district in order to retrieve wildlife hunted and killed; and, WHEREAS, this evidence demonstrates a public safety hazard and disturbance of the peace in this area; thus, the area petitioned would benefit by restriction imposed pursuant to Chapter 9.08 of the Deschutes County Code; THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Pursuant to the Deschutes County Code Chapter 9.08, the Board approves the petition to form a No -Shooting District within the boundaries of the proposed restricted area as described in the petition's Exhibit B and as depicted on the maps attached as petition's as Exhibit A, each exhibit being attached hereto and incorporated by reference herein. Section 2. Pursuant to the provisions of Section 9.08.090 of the Deschutes County Code, this order shall take effect immediately upon signature of this order. DATED this 1— day of November, 2001. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair J_ ZL -Z ATTEST: DE IS R. LUKE, Commissioner Recording Secretary MICHAEL M. DA , Commissioner ORDER NO. 2001-107 G EXHIBIT' "1" II ,. I n J h fl L PETITION TO FORM FIREARMS DISTRICT To the County Commissioners of. Deschutes County, State of Oregon: We the undersigned petitioners, being either registered voters with a residence address within a platted subdivision or owners of land adjacent to a platted subdivision, hereby petition the Board of County Commissioners for Deschutes County for the formation of a firearms district covering the area described herein pursuant to Chapter 9.08 of the Deschutes County Code. 1. Chief Petitioners on this petition are (up to three): Name: a� , Mailing Address: o o� C-)! Phone: 00 --c -�, Name • Mailing Address: % r Phone:(Z� yl8 0CAI 4 L o v. Name: o o`uLS Mailing Address: Phone: 2. The name of the proposed restricted area is the %s�✓�cs ��� PUzrufion A,"r;- s 14,;f 6 (Patfr / f I/ No -Shooting Area. 3. The petitioners request that the area described herein be designated as a "restricted area" (no shooting area) under the provisions of Chapter 9.08 of the Deschutes County Code. 4. The boundaries of the proposed restricted areas are.. as shown on the map attached hereto as Exhibit A and described : below on Exhibit B, attached hereto and by this reference incorporated herein. .St.,e- a ?qo altco/ eAc A, h ; -izr .4 8 5. This petition is made up of this petition sheet, a map depicting the boundaries of the proposed "no -shooting" area, a legal description of the proposed "no -shooting" area and a signature sheet, all of which have been circulated as a part of this petition. ANY PERSON WHO SIGNS THIS PETITION CANNOT LATER WITHDRAW SIS OR HER NAME FROM THIS PETITION. EXHIBIT B Legal Description All of Deschutes River Recreation Homesites Unit 6, Parts I and II and all re -platted portions of Deschutes River Recreation Homesites Unit 6, Part I and all re -platted portions of Deschutes River Recreation Homesites !.Unit 6, Part 11, located in Deschutes County, Oregon. Contiguous Lot #1 described as: Being a parcel of land located in the Northwest Quarter Northeast Quarter (NW'/4 NE'/), Section Three (3), Township Twenty-one (21) South, Range Ten (10) East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at the North'/ corner to Section 3, Township 21 South, Range 10, East of the Willamette Meridian; thence South 890 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 000 51' 03" West, 322.13 feet; thence North 890 59' 12" East, 332.43 feet; thence South 000 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 690 43'01" West, 136.61 feet; thence North 840 40'35" West, 210.14 feet; thence leaving said South bank of Fall River North 000 36' 31" West, 694.32 feet to the Southerly right of way of a 60.00 foot road easement; thence North 000 00' 13" West, 30.00 feet to the true point of beginning. AND Contiguous Lot #2 described as: A tract of land in the Southeast Quarter of the Southeast Quarter (SE % SE %) of Section Thirty-four (34), Township Twenty (20) South, Range Ten (10), East of the Willamette Meridian, and described as follows: Beginning at the Southwest corner of the Southeast Quarter of the Southeast Quarter (SE'/ SE Y4) of Section Thirty-four (34), Township Twenty (20) South, Range Ten (10) East of the Willamette Meridian, and running thence due North 505.67 feet; thence South 371 36' 16" East, 556.92 feet; thence due South 64.46 feet to the South line of Section Thirty-four (34); thence North 890 49' West 339.84 feet along the Section line to the point of beginning. AND EXHIBIT Legal Description (continued) Contiguous Lot #3 described as: A tract of land in the S'/2 SE % SE'/ and in the SE % NW % SE % SE % and in the S'h NE % SE'/ SE % all in Section 34, Township 20 South, Range 10, EWM, described as follows: Beginning at the Southwest corner of said SE'/4 SE'/4 and thence northerly along the West boundary of said SE'/4 SE %, 660 feet, more or less, to the north boundary of said S '/ SE % SE %; thence South 890 49' East along said North boundary, 339.84 feet, more or less, to the West boundary of the said SE % NW'/4 SE % SE'/; thence northerly along said West boundary a distance of 194 feet, more or less, to a point which is the Southwest corner of the tract heretofore conveyed by Luther Metke and Anna Metke, husband and wife, to Eugene T. Hiney and Louise E. Hiney, husband and wife, and Donald B. Karstetter and Anita J. Karstetter, by deed dated January 4, 1960; thence South 890 49' East, along the South boundary of said Hiney and Karstetter tract a distance of 1019.52 feet, more or less, to the East boundary of said Section 34; thence southerly along the East boundary of said Section 34 to the South boundary of said Section 34; thence Westerly along the South boundary of said Section 34 to the point of beginning. AND Contiguous Lot #4 described as: A tract of land in the Southeast Quarter of the Southeast Quarter (SE % SE'/) of Section 34, Township 20 South, Range 10 East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point South 890 49' East, 339.84 feet, thence North parallel with the west boundary of the Southeast Quarter of the Southeast Quarter (SE Y4 SE %) 854.0 feet from the Southwest corner of the Southeast Quarter of the Southeast Quarter (SE % SE %) of Section 34, Township 20 South, Range 10 East of the Willamette Meridian, and running thence South 890 49' East 1019.52 feet, more or less to the East boundary of Section 34; thence Southerly along the East boundary of Section 34, 231.07 feet, thence North 890 49' West, 447.86 feet; thence North 800 27' West, 227.8 feet; thence North 600 36' West, 398.2 feet to the point of beginning. m C W W W U W 0 W ir ak co"i i 0 14 o � v h 128� 4 r 4. w Q co � b uj Q � Olt a. o� r- N Q7 of b �D A O T N T O T at T 1A n CD A T i d i i a V —coo F tz N v co p w .y p H b Q • U'a � O Ta n co o c w �` �y c cao ca � Z•'p m Q U co j . co � to J-- � W a o 0 cc m o a _ Lo N 10 C m m m W ti Q co � E Z C3 ctsO Ocd to h C� O C O Z y Z O y w Q Ab cx °�° l" Waw V a Z �Q� v 0 oUy S°Cm 1111 a!cs vj h�aDQ r r U� m N m CL E v a� _t`AU cNo' c ago c b9x M o 0) c 'b r tk E C '� r �` % c a t Ot• f� x oo - r IK rl D p O n w r\ d •ot Zs W J y Z 4 C LLJ 0 ti Q 4 G viUJ AO?Allb -ham V as CD ca .9ui o a) a r o 0 0 Q •N m � o ` D •� ,q m W I ` 4 E~-. 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L N i Q c c 11 •O o LL v O Z o N w � I y •� QOQ ,y Z L� � � � o •C oNWc � 3 ca w No C u .0 u w OC .. A . i CD C13 •e w a 10 r' .: b fa�Gli b m c I mb. 0 G • y�• C •0 •Q w C.) E. C C . 'C m O U c•� � •C. ., •y ' C m y ISE zy CL b ` L11 p m '5 -b h � b �' ••- N Q 0 Co. 4 c _ WIG c �J2 �m W � § 1 U i0 ? V o H � !� ,V v � ca u w I in O O Q Z Q U_ s 0 0 O ¢r?sc ce J � s� co w L Q �o cr ' p CL d Lo b' o O N W Q Q Z 1 � Q iLW .- !V lh Am1 st 16111 aD A C T N 111 m�TT T U i0 ? Ori' October 8, 2001 EXHIBIT "2" dffice of the County Clerk Deschutes Services Bldg., " 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 Mary Sue "Susie" Penhollow, County Clerk CERTIFICATION RE: DESCHUTES RIVER RECREATION HOMESITES . UNIT 6 PARTS I & II FIREARMS DISTRICT I, Mary Sue Penhollow, Deschutes County Clerk, do hereby certify that the signatures on the attached 4 (four) petitions were verified and there are 47 valid signatures. This represents 71 % of the registered voters within the area proposed for formation of a firearms district. Dated this 8th day of October, 2001. Mary Sue Penhollow Deschutes County Clerk Quality Services Performed with Pride October 10, 2001 EXHIBIT "3" Office of the County Clerk Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 Mary Sue "Susie" Penhollow, County Clerk To: Laura Craghead, Assistant Legal Counsel From: Susie Penhollow, County Clerk Re: Petitions for Formation of Firearms District (Regan Olson Chief Petitioner) Deschutes River Recreation Homesites Unit 6 Parts 1 & 11 Attached are 4 (four) original certifications I received from the assessor's office for ownership verification on the formation petitions. There are certifications for John F. & Katherine Barg, Vladimir Antonin Cech, Deschutes County and John R. & Ellen L. Hunter. You may want to contact Gregory Bates in the Assessor's Office if you have any questions regarding these petitions. Thanks! Quality Services Performed with Pride • EXHIBIT 663" p -C DESCHUTES COUNTY ASSESSOR CARTOGRAPHY DEPARTMENT 1340 NW WALL STREET, BEND, OREGON 97701 (541) 388-6507 FAX (541)389-7947 WEB: WWW.DESCHUTES.ORG October 9, 2001 Susie Penhollow Deschutes County Clerk Re: Deschutes River Recreation Homesites Unit 6 (Parts I & II) No -Shooting Area This office does hereby verify that, according to the assessment records, that a portion of Exhibit "B" in the petition attached hereto, under the heading of CONTIGUOUS LOT 1, is owned by: Barg, John F. and Barg, Katherine S. Assessor's account no. 211003AO 10200 Assessed acreage: 6.98 AC Sincerely, rego tes, Chief C grapher s Desch County z� o u r A o �r OC o scy�T Fs Cawri4veas A,*0'`1 I• 0 m 0 _c ou 0 0 .c �C vC OF OR_ N rt 0 O c 03 C r EXHIBIT 663" ���� OT cod a { DESCHUTES COUNTY ASSESSOR CARTOGRAPHY DEPARTMENT 1340 NW WALL STREET, BEND, OREGON 97701 (541) 388-6507 FAX (541)389-7947 WEB: WWW. DESCHUTES.ORG October 9, 2001 Susie Penhollow Deschutes County Clerk Re: Deschutes River Recreation Homesites Unit 6 (Parts I & Il) No -Shooting Area This office does hereby verify that, according to the assessment records, that a portion of Exhibit "B" in the petition attached hereto, under the heading of CONTIGUOUS LOT 2, is owned by: Cech, Vladimir Antonin Assessor's account no. 20103400 3804 Assessed acreage: 2.23 AC Sincerely, C toates,ChherDty Fl-wl N 0 0 w -p � Ze�.�• Sop• 4+0 .COOS Loc y) See Map 2-. EXHIBIT " 3" Q -( DESCHUTES COUNTY ASSESSOR CARTOGRAPHY DEPARTMENT 1340 NW WALL STREET, BEND, OREGON 97701 (541) 388-6507 FAX (541)389-7947 WEB: WWW. DESCHUTES.ORG October 9, 2001 Susie Penhollow Deschutes County Clerk Re: Deschutes River Recreation Homesites Unit 6 (Parts I & II) No -Shooting Area This office does hereby verify that, according to the assessment records, that a portion of Exhibit "B" in the petition attached hereto, under the heading of CONTIGUOUS LOT 3, is owned by: Deschutes County Assessor's account no. 20103400 3800 Assessed acreage: 15.72 AC Sincerely, egory es, Chief C o apher Deschut ounty W 154 *41:.. • �++ .wy " z.N W r' 00 �, H. zoo 43• �� •w. z Q' 5st' FRom • t 3o is � :j • w t:•: Iri ,iOD ' -� 40 dop OD W30 t�J ��s•l? ti J OD OD gUN A a 40 ,, Mc. 00 ,� C Xv ?, 7J.a ...:f + �3b.oti �td►Q 444-0 •�°(S�} � �' See EXHIBIT "3" .. �-rEs COGZ 0 - DESCHUTES COUNTY ASSESSOR CARTOGRAPHY DEPARTMENT 1340 NW WALL STREET, BEND, OREGON 97701 (541) 388-6507 FAX (541)389-7947 WEB: WWW.DESCHUTES.ORG October 9, 2001 Susie Penhollow Deschutes County Clerk Re: Deschutes River Recreation Homesites Unit 6 (Parts I & II) No -Shooting Area This office does hereby verify that, according to the assessment records, that a portion of Exhibit "B" in the petition attached hereto, under the heading of CONTIGUOUS LOT 4, is owned by: Hunter, John R., Hunter, Ellen L. Assessor's account no. 20103400 3803 Assessed acreage: 3.64 AC Sincerely, Clegory es, ef art, grapher ch County _._• 33 a %._ N 0 6 no_ See Map 2S