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HomeMy WebLinkAboutOrder 012 - Annex - DCRFPD2Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of May 25, 2011 Please see directions for completing this document on the next page. DATE: May 12, 2011. FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2011-012, approving the Baker -Donohue Annextion into Deschutes County Rural Fire Protection District #2. PUBLIC HEARING ON THIS DATE? yes BACKGROUND AND POLICY IMPLICATIONS: On April 27, 2011, the Board signed Order No. 2011-010 scheduling the hearing on the petition submitted on April 14, 2011, by Jason Baker and Mary Donohue to annex petitioners' property located at 18399 Tumalo Reservoir Road, Bend, Oregon into the Deschutes County Rural Fire Protection District #2. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Motion: Approval and signature of Order 2011-012. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Baker -Donohue Annexation into the Deschutes County Rural Fire Protection District #2 * * ORDER NO. 2011-012 WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural Fire Protection District #2 was duly filed with the Deschutes County Board of County Commissioners ("Board") on or about April 14, 2011; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owners within the areas to be annexed; and WHEREAS, the Board held a public hearing on May 25, 2011, to hear the petition and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals and the criteria prescribed by ORS 199.462 and 198.805. the affected areas would be benefited by annexations of said territory into the Deschutes County Rural Fire Protection District #2; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the boundaries of the territory annexed to the said district are as set forth in Exhibit "A" and depicted on the map marked Exhibit "B"" of the Baker -Donohue Annexation and as set forth, shall be known as the "Baker -Donohue Annexation." Section 2. That the applicable land use criteria pertinent to the proposed Annexation, the facts found by the Board and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit "C," attached to the petition hereto and by this reference incorporated herein. Section 3. That the territory included in the Baker -Donohue Annexation is declared to be annexed into the Deschutes County Rural Fire Protection District #2 as of the date of this Order. Section 4. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office, Deschutes County 911, County Service District, and the Deschutes County Rural Fire Protection District #2. Page 1 of 2- Order No. 2011-012 (05/25/11) Section 5. The purpose of this District is to provide fire protection services within the District. Dated this Mav ATTEST: , 201 1 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR ANTHONY DeBONE, VICE CHAIR Recording Secretary ALAN UNGER, COMMISSIONER Page 2 of 2- Order No. 2011-012 (05/25/11) Order No, Paye 4 FEE PARCEL: 115152 EXHIBIT "A" LEGAL DESCRIPTION The Southeast Quarter of the Northeast Quarter of the NortheaL:t Quarter (SE1/1NE/14NLi/4! c 'Section Four (4;, Township Seventeen (1 South, Range Eleven (11), East of the Willamette Merdian, Deschutes County, Oregon. EASEMENT PARCEL: An easement for ingress and egreas, including the Lend prov.ls.vor:s t:hereoi`, recorded March 15, 1955 in Book 112, Page 404, Deed Records, An easement fOr ingress and egress, including the terms and provisions thereof, recorded May 10, 1966 in gook 148, Page 415, Deed Records. Exhibit A to 2011-012 v4 SEC,. 4 'f.V/S 0.1 IE.Y,'JA DESCHUTES COUNTY --.1-61A.,i1--o:-/-if/4,4'61R • ... • • ,/•:;,•;i / ./ // :// / /7;-- / // •`, r/ • 6 \t2 ,11, • /77-/ ' / t Exhibit B to 2011-012 (<:i AY) CQ 1, Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or us/cdd/ MEMORANDUM DATE: May 5, 2011 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Senior Planner RE: Annexation to Deschutes County Rural Fire Protection District No. 2; Baker - Donohue Annexation, Your file no. 16/6-015 The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with the Statewide Planning Goals, encourages the formation of special service districts to serve rural needs. Under the Public Facilities and Services section of the County Comprehensive Plan (Chapter 23.68 of Title 23 of the County Code, Section 23.68.020), Policies, is the following policy: e. Deschutes County shall encourage the formation of special service districts to serve rural needs rather than becoming involved with serving those needs. The County will foster coordination and mutual planning between the County, special districts, utility companies and service corporations. This shall include common trenching where appropriate. Fire protection is an important part of rural development, as evidenced by the comprehensive plan chapter on natural hazards, which includes fire. It is clear that the ability to acquire fire protection is a valuable public resource. Staff finds that the proposed annexation to the Deschutes County Rural Fire Protection District #2 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Exhibit C to 2011-012 Quality Services Performed with Pride