The URL can be used to link to this page

Home My WebLink AboutOrder 007 - Marshall AnnexationDeschutes 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 January 14, 2009 Please see directions for completing this document on the next page. DATE: December 29, 2008. FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2009-007 Approving the Marshall Annextion into Cloverdale Rural Fire Protection District. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On December 10, 2008, the Board signed Order no. 2008-100 scheduling the hearing on the Novemiler 25, 2008, petiton by Wayne Marshall to annex petitioner's property located at 70096 Holmes Road, Sisters, Oregon into the Cloverdale Rural Fire Protection District. The Board must hold a hearing oa the annexation. The Board must approve the annexation if the Board finds that the property can be served by the district and the annexation complies with the County's comprehensive 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 ar d land use regulations. Because the petition for the annexation was signed by 100% of the land owners, no election regardin; the annexation request is required. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Approval and signature of Order 2009-007. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. 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..is/cdd/ MEMORANDUM DATE: December 22, 2008 TO: Connie Scorza, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Senior Planner RE: Annexation to Cloverdale Rural Fire Protection District; Marshall Annexation, Your file no. 16/6-009 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 #1 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Quality Services Performed with Pride REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Marshall Annexation into the Cloverdale Rural Fire Protection District * ORDER NO. 2009-007 WHEREAS, a petition requesting annexation of territory into the Cloverdale Rural Fire Protection District was duly filed with the Deschutes County Board of County Commissioners("Board") on or about November 25, 2008; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owner within the areas to be annexed; and WHEREAS, the Board held a public hearing on January 14, 2009, 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 Cloverdale Rural Fire Protection District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the Marshall petition for annexation into the Cloverdale Rural Fire Protection District attached to and referenced in Order No. 2008-100 is hereby incorporated by reference and is approved. Section 2. 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 Marshall Annexation and as set forth, shall be known as the "Marshall Annexation." Section 3. 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 4. That the territory included in the Marshall Annexation is declared to be annexed into the Cloverdale Rural Fire Protection District as of the date of this Order. Section 5. 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 Cloverdale Rural Fire Protection District. Page 1 of 2- Order No. 2009-007 Section 6. The purpose of this District is to provide fire protection services within the District. Dated this January 14, 2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, CHAIR DENNIS R. LUKE, VICE CHAIR Recording Secretary ALAN UNGER, COMMISSIONER Page 2 of 2- Order No. 2009-007 LEGAL DESCRIPTION Marshall Fire Annexation to Cloverdale Rural Fire Protection District A portion of that certain parcel of land described in Document No. 2008-18551, Deschutes County Official Records, situated in the Southeast Quarter of Section 22, Township 14 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon; being more particularly described as follows: Beginning at a 5/8" iron rod at the southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 22; thence, on the north — south centerline of said Section, N00° 18'30"W, 1353.37 feet to a point on the south right-of-way line of Holmes Road; thence N49°18'03"E, leaving said centerline, on said south right-of-way line, 60.00 feet to a point; thence S40°41'5T'E, leaving said south right-of-way line, 75.30 feet to a point 15.00 feet northerly of the north line of said Southwest Quarter of the Southeast Quarter; thence S89°55'41 "E, on a line 15.00 feet northerly of and parallel to said north line, 1216.30 feet to a point on the east line of the Northwest Quarter of said Southeast Quarter; thence S00°12'07"E, on said east line, 15.00 feet to the northeast corner of said Southwest Quarter of the Southeast Quarter; thence, on the north line of said Southwest Quarter of the Southeast Quarter, N89°55'41"W, 300.00 feet; thence, leaving said north line on the boundary of said parcel, S00° 12'07"E, 1018.60 feet; thence N89°57'48"W, 23.29 feet; thence, leaving said boundary, S45°00'00"W, 56.20 feet to a point on the McKenzie Canyon rim rock; thence, along said rim rock, S61°00'00"W, 246.00 feet thence S25°00'00"W, 83.00 feet; thence S65°00'00"W, 59.00 feet; thence S45°00'00"W, 58.10 feet to a point on the south line of said Section22; thence, on said south line S89°57'48"W, 646.01 feet to the point of beginning. Containing 29.84 Acres, more or less Eng, -j) R A II P1 dVfl 335 fZ ,1 P1 dVn 335 .s n • r 0 ■-t 1 II 0 a- a -a F. -4, F. -r 01.--1. -4, F. t - t_ --,s 0--,s 0 hr_ N 89'57'48"E 1318 CO CV C4 3.Lo.L1.00 S .00•00f 0 N 0 to .0913101 3.L0.11.00 S O- t! in g° id 0 ....- .... �.-..... inv)._ o.... co ..' N 0 .. . Q- CO X . a).... G)... lilthON xHkBI-1" 2 Df N r0 �o N PI • V) 0 0 1-4 0 0 o O O