2001-839-Order No. 2001-107 Recorded 11/8/2001REVIEWED
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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
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EXHIBIT' "1"
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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:
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Phone:
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Name •
Mailing Address:
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Phone:(Z�
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Name:
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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.
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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"
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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
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Desch County
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EXHIBIT 663"
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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
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See Map 2-.
EXHIBIT " 3"
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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
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EXHIBIT "3"
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- 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
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See Map 2S