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Home My WebLink AboutOrder 023 - Set Hearing for DCRFPD-2 AnnexDeschutes 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 October 3, 2011 Please see directions for completing this document on the next page. DATE: September 28,2011 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Consideration and Approval of Order No. 2011-023, accepting the Petition and setting date for public hearing for annexation into DCRFPD#2. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: On September 19,2011, Michael and Pamela Allen submitted a petition to annex petitioner's property located at 22960 Supreme Court, Bend, Oregon. On September 27,2011, the County Clerk verified the signatures and the Petition is deemed filed. Pursuant to ORS 198.857(3), the Board must set a date for a public hearing no earlier than twenty and no later than fifty days from the date of filing. Order No. 2011-023, attached for Board signature, sets that hearing date for October 24, 2011. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Approval of Order No. 2011-023 as described above. 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 Accepting Petition and Setting Date For * Public Hearing for Petition filed for Michael and * ORDER NO. 2011-023 Pamela Allen's Annexation into the DCRFPD#2 * WHEREAS, a petition requesting annexation of territory into DCRFPD#2 was filed with the Deschutes County Board of County Commissioners ("Board") on or about September 19,2011, a copy of which is attached hereto as Exhibit "1" and by this reference incorporated herein; and, WHEREAS, a corrected legal description will be provided at the public hearing; and, WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the petitioners and to the board of the affected district; and, WHEREAS, the next available hearing date within that time frame is October 24, 2011; and, WHEREAS, the Board chooses to also require publication notice for special district annexations; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the petition for annexation to the DCRFPD#2, a copy of which is attached hereto as Exhibit" 1," is hereby accepted for filing. Section 2. That a hearing regarding annexation to the district shall be held on October 24, 2011, at 10:00 am at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County, Oregon. Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "2," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on October 9, 2011 and October 19, 2011 and posted on October 9, 2011, in three public locations within the county as follows: One notice shall be posted on or near the doors of the meeting room of the Board of County Commissioners; one notice upon any official bulletin board customarily used for the purpose of posting public notices within the county; and one notice shall be posted upon any official public bulletin board customarily used for the purpose of posting public notices within the proposed district. Notices posted shall be for not less than five (5) consecutive days. PAGE 1 OF 2-ORDER No. 2011-023 (10/05/11) --- Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to October 24, 20 11, a land use compatibility statement regarding this proposed special district annexation as contemplated in ORS 197.175 and 199.462, and any other applicable statutory authority. Dated this of October, 2001 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR ANTHONY DeBONE, VICE CHAIR ATTEST: Recording Secretary ALAN UNGER, COMMISSIONER PAGE 2 OF 2-ORDER No. 2011-023 (10105111) __ _____ _ ,. PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT #2 To: The Board of County Commissioners Deschutes County, Oregon The undersigned, in support of this Petition, state as follows: l. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955 2. This annexation Petition affects only Deschutes County and Deschutes County Rural Fi.re Protection District #2 (DCRFPD #2) 3. The principal act for DCRFPD #2 is ORS 478.0-01, et seq. 4. The territory that is subject to this petition for annexation is primarily un-inhabited. The attached petitions in support of this annexation are signed by land owners and registered voters in the area proposed to be annexed as indicated ~site their res~ive signatures, and that all signatures were obtained on or after the ~fttay of ~L!:2:rt' Zt211 . 5. It is requested that the proceedings be taken for the annexation of said territory to Deschutes County Rural Fire Protection District #2, Deschutes County, Oregon. A description of the boundaries of the territory to be annexed is attached hereto and marked Exhibit "A". 6. That said petition has been signed by 15 percent of the electors, or 100 electors whichever number is lesser, or 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. Dated this 2 g day of Ft~=..!;::--___: NAME M 11L8 A· / / £--t"I NAME ADDRESS Z'Z-C7&D ?upr!'-/YlectKDDRESs ~_~ bL4nd tJye, 97702 7 PHONEt!4) ~fi8 ·q-:?-fttl PHONE ___.______ Approved by the Board of direct~~f Deschutes COl.;U1ty Rural Fire Protection District #2 this 1 day of 4 v 1 V ~/ 2.0 / I Approved by City of Bend Board of Directors DCRFPD #2By:Lf2--- Exhibit 1 to 2011-023 Page 1 I..JUUUU/UU..JJ 111I1'\e: ClIII:::::JI I EXHIBIT "AN Name: vY\ l't..'l. ~p~~ ~\L~v\ Address: "Z-?..C1&?o ~U?Y'"-Lf'--~ c.-+ ~~(i{ I-O'{"'e., 0,1'70"Z T8X lot Number: Property descnbed as: , . The real property subject to this Agreement, hereinafter the ·Sub<frvision real property" is described as the E ~ NE ~ NW * and the W * NW !4 NE Yt of Section 16, Township 18 South. Range 13 EWM, Deschutes County, Oregon. ------------.-~--'.. Exhibit 1 to 2011·023 Page 2 A'r(Yl>r/lJ be:-w// [ A17/)e.xecl ~ 6 N W 1-4 PARCEL 2 't<~ 302 \ \ 7.78 AC\ \\ \ \ \ \J \) \) 4 (~la"~0~ . 'P\ 653.98 654.31 202 1-4 Name of District: Deschutes County R.F.P.D. #2 Are you... landowner .in annex <'ioter in gm Date Residence Address area? annex area? ~ntName Signature Signed Property Address· (if different) Acreag~ Precil\ct II -1Y\,c1r-o-{) ~ f4L Yes~Yes-lt./l lC/JA.eJ -0. AI len 9/vlll 2Z'7~ prc,r,.-::e c.r I\.> ~elDA-.AI(O} ~A. /?r1 Ler; 2>t::./7d./ trY--e--, c::;; 7?O-z:.. No-No- Acre1.J3 :Prec. __ w Yes_ Yes_ ...~-No-No- < Acre.--Prec._ Yes_ Yes_ No-No- Acre. __ Prec. __· Yes_ Yes_ No-No -~ --Acre. __ Prec. __ Yes_ Yes_ -No-No---Acre. __ Prec.- State at Oregon ) ss. \\ /I ,/\ County of DeSChut,es ).~ / . UV ' I, M.:!eJr\lleJ 3.aruAo.-~ ,certify that I circulated this petition and every person who signed this petition Old so in my presence. I certify that I hand delivered a copy of the petition to Annexqach of the ~heir signature hereon. SUBSCRIBED AND SWORN to before me this day of , {))o ( I (bIQ011J 'I " SEL.704 ORS1~8.77S •.MV:S/14/93 SECURITY DEPOSIT . FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION o FORMATION ~ANNEXATION o WlTIIDRAWAL o DISSOLUTION To: Deschutes County Rural Fire Protection Distrb1J #2 .J No. of precincts in district @ $ ir!2Q per precinct;:: $ 100· (maxtmum of $10,000) total deposit PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASHlSECURIT':Jjl;PJ~IT 1. NAME (PRINT) Yl11ch:;>.e( P;;tmeb A lIen SIGNA1URE Y\t\,l'i-.n, O~ ~~ RESIDENCEADDRESS -Z-zP)I/:;.D$UOV~/l~ c-r.TA-.-MI • J MAILING ADDRESS (IF DIFFERE~) CITY, STATE, ZIP CODE 't3>~d ,t ~. "!? -r-r0 z.. AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONIRlBUTION:* o CASH o BOND o OTHEl;{ SECURITY DEPOSIT ·2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* o CASH o BOND o OTHER SECURITY DEPOSIT 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* o CASH o BOND o OTHER SECURITY DEPOSIT CHIEF PETITIONERS I/we hereby de;lar~ if the costs o~ tl)2attempted formation, annexation, withdrawal, or dissolution of O.pJi. cJ.. v1'f.b, Co (jl"\'tt I<. F P J) 4f-district exceed the deposit, I/we will pay to the county treasurer the amount of the excess costs (ORS 198.775). If I ru {/; l. NAME (PRINT) (t'\ I eftal ( &,OJ ~/q If f Ie 0. SIGNATURE Nh /11... j)f 1i5IL..//?ttn7/. :n RESIDENCE ADDRESS 2296() SU/I,-ern@ C-T DATE Avtju4T 1v-;J-C:;I/A"~ ~ MAILING ADDRESS (IF DIFFE1NT) CITYf STATE, ZIP CODE {6.e "'"'_ 0 t;( ~ 220.2 DAY TELEPHONE 6lfL -~rr -9~ 2. NAME (PRThlT) RESIDENCE ADDRESS MAR.JNG ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE SIGNATURE DATE DAY TELEPHONE 3. NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE SIGNATURE DATE DAY TELEPHONE ·Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached. t::xnlOlI 1 10 ,<U -u&." Page 5 NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, Allen Annexation, to the DCRFPD#2, will be held on October 24,2011, at 10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon. To view the legal description of the boundaries of the proposed annexation, contact the Deschutes County Counsel's Office at 388-6623. The purpose of the proposed annexation is to provide fire protection services for the area proposed to be annexed. All interested persons may appear and be heard. Deschutes County conducts public meetings in locations which are wheelchair accessible. Deschutes County also provides reasonable accommodations for persons with disabilities. For persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the State transfer relay service for TTY. At meetings of the Board of County Commissioners the county will provide an interpreter for hearing impaired persons who give at least 48 hours notice of the request. Written information will be made available in large print or audio format. To request these services, please call (541) 388-6571. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Tammy Baney, Chair To be published in The Bulletin October 9,2011 and October 19,2011 To be posted: October 9,2011 EXHIBIT "2" -ORDER No. 2011-023 (10/05/11)