HomeMy WebLinkAboutOrder 017 - Annex into DCRFPD 2Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oE
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 27, 2008
Please see directions for completing this document on the next page.
DATE: February 20, 2008.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval or Order 2008-017, accepting the Petition and a setting date for a public
hearing for annexation of certain property into Deschutes County Rural Fire Protection District No. 2.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On November 15, 2007, Charlotte Meyer submitted a petition to annex petitioners' property located at
22977, 22985, 22875, 22955 and 22755 Someday Way, Bend, Oregon. Written verification of one
property's ownership remains to be received. It is expected it will be received prior to the final hearing.
Therefore, the Petition is deemed filed as of February 4, 2008. Should the documentation not be
forthcoming, the final hearing will be cancelled. 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. 2008-017, attached for Board signature, sets that hearing date for March 26, 2008.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Consideration and approval of Order No. 2008-017 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 Meyer
Annexation into the Deschutes County Rural Fire
Protection District #2
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ORDER NO. 2008-017
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District #2 was duly filed with the Board of County Commissioners of Deschutes County
on or about February 19, 2008, a copy of which is attached hereto as Exhibit "A" 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 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 March 26, 2008; 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
No. 2, a copy of which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday, March
26, 2008, 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 "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on March 11, 2008 and March 21, 2008, and posted on March
11, 2008, 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. 2008-017 (02/27/08)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to March 26, 2008 (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 , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
ATTEST:
Recording Secretary MICHAEL M. DALY, COMMISSIONER
PAGE 2 OF 2- ORDER NO. 2008-017 (02/27/08)
By:
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:
1. 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 Fire 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 op site their respective
signatures, and that all signatures were obtained on or after the "j day of 66pfry (
a Go
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
CCAll
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 day of 3 p er' btu , z -7
NAME e,A I,. Cat_ NAME
ADDRESS 2 2c\ 1 , MFDALI UvAul ADDRESS
PHONE 0 - PHONE
Apprrhed by the Board of directors of Deschutes County Rural Fire Protection District #2 this
y day of O Gro , 0 o 7
Approved by City of Be
Board of Directors DCRFPD #2
EXHIBIT A
Legal Description
In Section 4, Township 17S, Range 13E:
S 1/2 of the SW 1/4, and the NW 1/4 of the SW 1/4
In Section 5, Township 17S, Range 13E:
NE % to the SE %
Tax Lot: 171304C000200: Charlotte Meyer/Joren Traveller
Property address: 22977 Someday Way, Bend, OR 97701
Tax Lot: 171304C000400: James Gindlesperger
Property address: 22985 Someday Way, Bend, OR 97701
Tax Lot: 171304C000300: Earl and Lisa Bowerman
Property address: 22955 Someday Way, Bend, OR 97701
Tax Lot: 171300000100: Kevin Halligan
Property address: 22875 Someday Way, Bend, OR 97701
Tax Lot: 171304C00101: John Counterman
Property address: 22865 Someday Way, Bend, OR 97701
Tax Lot: 1713000000200: Car1
(Summit Accommodators — in midst of 1031 exchange)
Property address: 22755 Someday Way, Bend, OR 97701
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SUBSCRIBED AND SWORN to before me this
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LIMITED LIABILITY COMPANY RESOLUTION
Tim Larkin, President, and/or Danielle Kinyon, Vice President, and/or Heather J.
Hepburn, Vice President of Three Sisters Development Co., Inc., Sole Member, are
authorized on behalf Spruce Mtn. Development, LLC to execute documents, including,
but not limited to, escrow security documents, and loan documents for the purpose of
consummating the purchase and/or sale of the property known as:
22755 Someday Way, Bend Oregon 97701
The undersigned as Member of Spruce Mtn. Development, LLC hereby certifies that the
above is a true and accurate copy of a resolution duly passed by the member of said
limited liability company at a properly held meeting of the Member of said limited
liability company in accordance with Operating Agreement thereof on April 16, 2007.
Spruce Mtn. Development, LLC
By: Three Sisters Development Co., Inc., Sole Member
et./ / If 1:)))
Heather J. Hepburn/Vice President
From:CITY OF BEND ADMIN
5413226320
01/041-108 10:00 #675 P.001/001
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REV. 5/14/93
SECURITY DEPOSIT
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
FORMATION I X ANNEXATION ❑ WITHDRAWAL DISSOLUTION
To: Deschutes County Rural Fire Protection District 112
No. of precincts in district 0 $ per precinct = $
total deposit
ORS 198.775
(maximum of $10,000)
PERSONS/ORGANIZATIONS PROVIDING ANY PART OFC SH/SECURITY DEPOSIT
. NAME (PRINT) (1' L OTT E� M_ �t f� SIGNATURE a'��-'
RESIDENCE ADDRESS 41 I i E 021-7( t
MAILING ADDRESS (IF DERENT)
CITY, STATE, ZIP CODE IDDe r4,-* 70 oc.)
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT j�'()
KIND OF CONTRIBUTION:* CASH ❑ BOND ❑ OTHER SECURITY DEPOSIT
. NAI (PUNT SIGNATURE
RESIDENCE ADDRESS
MA1LING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* n CASH [] BOND OTHER SECURITY DEPOSIT
NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, 7rn CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
SIGNATURE
KIND OF CONTRIBUTION:* CASH BOND
OTHER SECURITY DEPOSIT
CHIEF PETITIONERS
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
district exceed the deposit, I/we will pay to the county treasurer
the amount of the excess costs (ORS 198.775).
1. NAME (PRINT) C ITE, F izt# L,
RESIDENCE ADDRESS 9:4P1.--7-7 t hh-ti ,
MAILING ADDRESS (IF DIFFERENT)
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SIGNATURE k,
DATE
CITY, STATE, ZIP CODE Sti'u 0 0 1Z- 9 7"70
DAY TELEPHONE ktce
2. NAME (PRINT)
RESIDENCE ADDRESS
MAILING 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
ff x1. i bit k `�-
Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attach
EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Meyer Annexation to the Deschutes County
Rural Fire Protection District #2, will be held on March 26, 2008, at 10:00 a.m. in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
To view the boundaries of the proposed annexation, contact the Deschutes County C
Office at 388-6624.
unsel's
The purpose of the proposed annexation is to provide fire protection services for the inhbitants
of the proposed area 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: March 11, 2008 and March 21, 2008
To be posted: March 11, 2008
EXHIBIT "B" - ORDER No. 2008-017 (02/27/08)