HomeMy WebLinkAboutOrder 059 - Eraker Annex - D.C. Rural RFD 1�vrES Q
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Deschutes 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 November 22, 2010
Please see directions for completing this document on the next page.
DATE: November 9, 2010.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2010-059 amending Order 2010-046, approving the Eraker
Annextion into Deschutes County Rural Fire Protection District #1.
PUBLIC HEARING ON THIS DATE? no
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 4720
NW 83`d, Redmond, Oregon into the Deschutes County Rural Fire Protection District #1. On
September 1, 2010, the Board signed Order No. 2010-046 approving the annexation. On September 16,
2010, we received notice from the Department of Revenue that the legal description for this property
needed to be revised and re -submitted. We re -submitted the corrected legal description and on October
5, 2010 the Department of Revenue sent us notification that the requested boundary change had been
approved. The Board needs to approve this minor change.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approval and signature of Order 2010-059 on the Consent Agenda
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 Amending Order 2010-046 To Amend the
Legal Description and Maps for the Eraker
Annexation into the Deschutes County Rural Fire
Protection District #1.
ORDER NO. 2010-059
WHEREAS, on September 1, 2010, in Order 2010-046, the Board of County Commissioners
approved the Eraker annexation into the Deschutes County Rural Fire Protection District #1; and
WHEREAS, since that order was signed, county staff learned that the Oregon Department of
Revenue determined that the legal description and maps for the subject property did not match; and
WHEREAS, a revised legal description and map were preliminarily approved by the Oregon
Department of Revenue ("DOR"); and
WHEREAS, because the Board held a public hearing on September 1, 2010, to hear the petition
and any objections thereto, no objections were submitted and the changes in the legal description and
map are minor, no additional public hearing is required; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That Order 2010-046 is amended such 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
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 Order 2010-
046 incorporated by reference herein.
Section 3. That the territory included in the Eraker Annexation is declared to be annexed into the
Deschutes County Rural Fire Protection District #1 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 #1.
Page 1 of 2- Order No. 2010-059
Section 5. The purpose of this District is to provide fire protection services within the District.
Dated this November , 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. 2010-059
Stephen Eraker
Sarah Eraker
67400 SW Cline Falls Road
Redmond, Oregon 97756
Northwest Quarter of the Northwest Quarter (NW1/4NW1/4), in Section Thirty-six (36), Township
Fifteen (15), South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon
Excepting that portion Tying to the East of the center line of the Deschutes River
Exhibit A to Order 2010-059
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