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Home My WebLink AboutOrder 046 - Eraker Annex - DCRFPD 1G�JTES C4I. Deschutes County Board of Commissioner ; 1300 NW Wall St., Suite 200, Bend, OR 97701-196 I (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or AGENDA REQUEST & STAFF REPORT For Board Business Meeting of September 1, 2010 Please see directions for completing this document on the next page. DATE: August 23, 2010. FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2010-046 Approving the Eraker Anne :tion into Deschutes County Rural Fire Protection District 41. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On August 11, 2010, the Board signed Order No. 2010-045 scheduling the hearing on the petition submitted on July 29, 2010, by Stephen and Sarah Eraker to annex petitioners' property located at 720 NW 83rd Redmond, Oregon into the Deschutes County Rural Fire Protection District #1. The Bo. .rd must hold a hearing on the annexation. The Board must approve the annexation if the Board finds that the property can he served by the district and the annexation complies with the County's comprehc lsive plan and land use regulations. Attached is the memorandum of Paul Blikstad, Deschutes County Senior Planner, confirming his opinion that the annexation is in compliance with the County's comprehensive plan and land use regulations. Because the petition for the annexation was signed by 100% of the land owners, no election regarc ing the annexation request is required. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Approval and signature of Order 2010-046. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCI IUTES COUNTY, OREGON Order Approving the Eraker Annexation into the Deschutes County Rural Fire Protection District 111 * * ORDER NO. 2010-046 WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural Fire Protection District #1 was duly filed with the Deschutes County Board of County Commissioners ("I3oard") on or about July 29, 2010; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owners within the areas to he annexed; and WHEREAS, the Board held a public hearing on September 1, 2010, 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 #1; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, IIEREBY ORDAINS as follows: Section I. 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 "13" of the Eraker Annexation and as set forth, shall be known as the "Eraker 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 Eraker Annexation is declared to be annexed into the Deschutes County Rural Fire Protection District 141 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 141. Page 1 of 2- Order No. 2010-046 Section 5. The purpose of this District is to provide fire protection services within the District. Dated this September , 2010 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR ALAN UNGER, VICE CI LAIR Recording Secretary TAMMY BANEY, COMMISSIONER Page 2 of 2- Order No. 2010-046 4 09/14/2004 02:)0:02 PM 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 Cnlal $tna3 PAM *10.00 $11.00 *10.00 *5.00 WARRANTY DEED -- STATUTORY FORM 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 1303700(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" Order No. 2010-046 EXHIBIT A Page 1 of 1.1,0D WAS PRFPARED FOR ASSESS61R0T PURPOSF ONLY 6/22010 35 3600 • 2-3 9 N.W.1/4 SEC 36 T.15S R.12E. W.M. DESCHUTES COUNTY 1". 200F See 01.6i11 1175 r • • COMPLIMENTS OF Arneraitie This sketch is tot information purposes only to assist in property location with refon se 10 SITU -015 12T1C1501115r 11:11t H17-; - No 12112 made as to acculacy 1110 the Company assumes 25 liability for any loss OCC11111inci by reason 5(1 l2Il1l1122 525 000 MOO Z f• I ./ : .., 000 ,,,,•0.,,,,,,..r,,,f/..M1,V0F14-1.14#0 *F RA )11,2,', f lii,• ,1111;Izi.,..'7,c,;.//11'.•'/Ill .0 1. . '!I 1 1 / , 1 '1 15 2 36B0 1111.: Nos 2,3 110 2001 210 290 320, 000 2 2-3 1 „ - ,.., 2-4 ,.-- ,, GREYSTONE (tLANE 1: I (HARVEST AVE) ,,,,,( ) i ,,,,, ,,,? m.:,, N, ma 633 532., , 0 Esyrri Nil 4'1 Nit Dt ctrVe4 Sokkoal•F-1 Order No. 2010-046 EXHIBIT B Page 1 of 1 '.4-7 1600 s Seelamp 1,5 1236C 3 1,1 5 ' 2 3680 Community Development Department Planning Division Building Safety Division Environmental Heal h Division 117 NW Lafayette Avenue Bend Oregon 977)1-1925 (541)388-6575 FAX (541)335-1764 http://www.co.deschutes.a .us/cdd/ MEMORANDUM DATE: August 12, 2010 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Senior Planner RE: Annexation to Deschutes County Rural Fire Protection District No. 1; Eraker Annexation, Your file no. 16/6-011 The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance wit 1 the Statewide Planning Goals, encourages the formation of special service districts to sery rural needs. Under the Public Facilities and Services section of the County Comprehensive Plan (Chapt€ r 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 servin g those needs. The County will foster coordination and mutual plannin g 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 comprehensk e plan chapter on natural hazards, which includes fire. It is clear that the ability to acquire fi e protection is a valuable public resource. Staff finds that the proposed annexation to tt e Deschutes County Rural Fire Protection District #1 is consistent with the Cour :y Comprehensive Plan and Statewide Planning Goals. Order No. 2010-046 EXHIBIT C Page 1 of 1 Quality Services Performed ivith Pride