HomeMy WebLinkAboutOrder 045 - Accept Petition - DCRFP Dist 1 AnnexOr L.l .s.7-<
Deschutes County Board of Commissioner;
1300 NW Wall St., Suite 200, Bend, OR 97701-196(.
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or.
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 11, 2010
Please see directions for completing this document on the next page.
DATE: August 4, 2010.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2010-045, accepting the Petition and setting date for public
hearing for annexation into Deschutes County Rural Fire Protection District #1.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On July 29, 2010, Eraker submitted a petition to annex petitioners' property located at 4720 NW 8_ `d,
Redmond, Oregon. On August 4, 2010, the County Clerk verified the signatures and the Petition i.
deemed filed. Pursuant to ORS 198.857(3), the Board must set a date for a public hearing no earliir
than twenty and no later than fifty days from the date of filing. Order No. 2010-045 attached for B Dard
signature, sets that hearing date for September 1, 2010.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Approval of Order No. 2010-045 as described above.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
Legal Department.
REW, ED
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 Eraker
Annexation into the Deschutes County Rural Fire
Protection District #1
ORDER NO. 2010-045
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District was duly filed with the Deschutes County Board of County Commissioners
("Board") on or about August 4, 2010, a copy of which is attached hereto as Exhibit "1" and by this
reference incorporated herein; 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 fling 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 September 1, 2010; 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 Deschutes County Rural Fire Protection District
#1, a copy of which is attached hereto as Exhibit "1," is hereby accepted for fling.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday,
September 1, 2010, at 10:00 a.m. 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 August 17, 2010 and August 27, 2010 and posted on August
17, 2010, 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. 2010-045 (08/11/10)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to September 1, 2010 (hearing date), 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 August, 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
PAGE 2 OF 2- ORDER NO. 2010-045 (08/11/10)
PETITION T ANNEX PROPERTY TO
lir... S C -J Lidel-{ f(Ke PattL 7 7) Z�s7
(Name of District)
To: The Board of County Commissioners
Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.70
2. This annexation Petition affects only Deschutes County and
i
Zi5, 1,,?8.955. .
- pg 1 1/ ,.)7•
Name of District) ,
isrfm Wy /
3. The principal act fort i0 C%t5 L?1. lzl/2
JiP; (Name of District)
ORS
(Proper statutory reference, see ORS 198.010)
4. The territory that is subject to this Petition for Annexation is primarily inhabited / ninhabited
(circle one). The attached petitions in support of this annexation are signed by Ian • owners
and registered voters in the area proposed to be annexed as indicated opp9site their
respective si nature, and that all signatures were obtained on or after the l-fi day of
/-/ , 20tQ.
5. It is request�l,thpt the proce dings be taken for the annexation of said territory to
C "�, IcM-fzli. PIp/26/' ff377 pisr f, Deschutes County, Oregon. A
description of the boundaries of the territory to be annexed is attached hereto as Exhibit "A"
and depicted on the map attached as Exhibit "B".
6. That said Petition has been signed by at least 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within �the area proposed to be annexed.
DATED this 1(r day of �t.Le ,20�'�
Name: f 1,4
Name: - J 0'72/4-/�G-�
Address: lad 1L)tu 0.:5 Address:
rt)77)(97).D 0f `1 f77S-ld
Phone(5 O 923 —SO& / Phone( 03) 6,e0 e01/34-2-- 0-tq-L)
DATED this1 Stday of Wil/ ,20 l o
DATED this _ day of
IN, 12
fete( G ZViC-V+ice
Approved by the Board of Commissioners of
Name of District
Signature
By:
(Print Name)
Title:
,200_ Approved by City of
Signature
By:
(Print Name)
Title:
T111S MAP WAS PREPARED FOR
ASSESSMENT PURPOSE ONLY
6/2/2010
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OFFIC.AL AL
LE ANN G LANGELIER$
IOTARY PUIIUC - OREGON
COMMISSIOti NO. 448887
; Ul f
NNW If. 281,
PRINT NAME
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PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
PROPERTY ADDRESS
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Yes
No
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Landowner
Yes
No
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No
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LANDOWNER
IN THE
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REGISTERED
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OFFIC.AL AL
LE ANN G LANGELIER$
IOTARY PUIIUC - OREGON
COMMISSIOti NO. 448887
; Ul f
NNW If. 281,
After recording return to:
STEPHEN A. ERAKER and SARAH J. ERAKER
11908 SE UTES DRIVE
CLACKAMAS, OR 97015
Until a change is requested all tax statements
shall be sent to the following address:
STEPHEN A. ERAKER and SARAH J. ERAKER
11908 SE UTES DRIVE
CLACKAMAS, OR 97015
D -D Cntui $tnl3 PAM
:10.00 :11.00 :10.00 *5.00
WARRANTY DEED -- STATUTORY FORM
09/14/2004 02:00:02 PM
MARK H. HOFFMAN, Grantor, conveys and warrants to STEPHEN A. ERAKER AND SARAH J.
ERAKER, HUSBAND AND WIFE, Grantee, the following described real property, free of
encumbrances except as specifically set forth herein, to wit:
Lot 4, also known as the Northwest Quarter of the Northwest Quarter (NW 1/4 NW
1/4), in Section 36, Township 15 South, Range 12 East of the Willamette
Meridian, Deschutes County, Oregon.
Tax Account No(s): SERIAL # 125102 and SERIAL # 129254
Map/Tax Lot No(s): 15-12-36-B03700(2-003) and 15-12-36 B03700(2-004)
This property is free from encumbrances, EXCEPT: All those items of record, if any, as of the date
of this deed, including any real property taxes due, but not yet payable.
The true consideration for this conveyance is $ 269,342.00. "The true consideration for this
conveyance is pursuant to an IRC Tax Deferred Exchange on behalf of the Grantees"
EXHIBIT "2"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Eraker Annexation, to the Deschutes
County Rural Fire Protection District #1, will be held on September 1, 2010, 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
Dennis R. Luke, Chair
To be published in The Bulletin: August 17, 2010 and August 27, 2010
To be posted: August 17, 2010
EXHIBIT "2" - ORDER No. 2010-045 (08/11/10)