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HomeMy WebLinkAboutOrder 020 - Annexation - 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.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 5, 2008 Please see directions for completing this document on the next page. DATE: March 5, 2008. FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Consideration and Approval of Order 2008-020, accepting the Petition and setting date for public hearing for annexation into Deschutes County Rural Fire Protection District #2. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: On February 19, 2008, Tom Cattell submitted a petition to annex petitioner's property located at 16661 Skyliners Road, Bend, Oregon. On February 22, 2008, the County Clerk verified the signatures and the Petition is deemed filed. 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. 2008-020 attached for Board signature, sets that hearing date for March 5, 2008. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Consideration and approval of Order No. 2008-020 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 Cattell Annexation into the Deschutes County Rural Fire Protection District #2 * * * ORDER NO. 2008-020 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 April 2, 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, April 2, 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 18, 2008 and March 28, 2008 and posted March 18, 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. 2008-020 (03/05/08) Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to April 2, 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 ATTEST: DENNIS R. LUKE, CHAIR TAMMY (BANEY) MELTON, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER PAGE 2 OF 2- ORDER NO. 2008-020 (03/05/08) 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 opposite their respective signatures, and that all signatures were obtained on or after the . *-a day of brc.e I m 2 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 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 thistt. day of 1. NAME L4\ 4 r L . NAME ADDRESS t)C ii PHONE (-' 3`1 ADDRESS PHONE Approved by the Board of directors of Deschutes Coun_b7Rural Fire Protection District #2 this V) da_yof. 2.00 Approved b`y'£ity of Bend Board of Directors DCRFPD #2 By EXHIBIT "A" Name: Ct.\ dse :17,c Address: ‘L Lt Tax Lot Number: IFN 54 Property described as: -ti, C` --- C 9.‘A tUt r tNerp' oikiRL 11, N1/4 Pr -2 - Exhibit .dLr., 40.06 200 1677.97 AC LOT 3 40.05 1 SEE MAP 118 10 10AB 79.85 CH SKYLINERS 116)0sEE DURIBENT FOR WENT UUP DSTRCiS LOT 2 1 48102 40,04JI • 1 (PIN PARCEL APP N0.1994-7) .I LOT 4 40.07 0 q L Zai LOT 48!37 48!52 .14 40 52 40.37 AD 0"••••` 202 I9.86 AC X1 0 9115 �� __ -1;67b6-451.- gr-- -D 1-4 CH SEE MAP 181010AA 79.70 CH 11 79.70 CH 15 14 t i\J 22 80.00 CH T 79.90 CH I. s 23 80.16 CH n P 12 --0771S-157 13 80.37 CH N- — f COMPLIMENTS OF AmeriTltle This sketch is furnished for information purposes orvip assist .n property 1901Tn with reference to streets and oth er parcels. No represertatlon is made as to accuracy and the Company assumes no liability for z ny loss occurring by reason of reliance 'hereon. Z '< 0 0 > 3 3 - FIV C j' W mcg^ x o ic) O 0 O SUBSCRIBED AND SWORN to before me this A 4�Z Xm z �Lro l• f0330,-> •®32mri R" G ( ` o �1 o• 7 m m =: • =. CDo � m m 0 7 0. - O n C m CD � a cD o • m' m x .7 (0 N 7 7" O- O. (D N (D (fl 7 • pa, C ry O 7 7 N o O 7 N CO 7 (D 0 N 173 (D O cn 0 0 3 v m CDm 0 CD 0 O 7 O 0 N O C (D N uo69iO 10 a;e;s 0DD N (D > Z 00 CDDD> N (D CD N (D 0 (-‘2, C7 o 0 N 5 n N 2 0 p (D N CONSENT MINUTES OF THE BOARD OF DIRECTORS OF CHELSEA TREES, INC. In accordance with Chapter 60 of the Oregon Revised Statutes, the undersigned, constituting all the Directors of CHELSEA TREES, INC., an Oregon Corporation, take the following action by this corporation without a meeting. RESOLVED, the corporation is authorized to pursue land use applications for a forest management dwelling on the Skyliners Road property owned by the corporation pursuant to Measure 37 claims made against Deschutes County and the State of Oregon, to pursue other approvals as necessary to support said land use applications, including but not limited to annexation to the Deschutes County Rural Fire Protection District No. 2, and to obtain the services of Bruce White, Attorney, LLC, a land use attorney, to pursue said approvals. FURTHER RESOLVED, the President of the corporation is authorized to take any actions necessary to pursue the forest management dwelling and related approvals, including, but not limited to, signing documents, entering into contracts, engagement letters and negotiations. APPROVED, RATIFIED AND AFFIRMED this ;. day of December, 2007 r Tom B. Cattell, Director Exhibit 0 5 SEL 704 REV. 5/14/93 SECURITY DEPOSIT FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION FORMATION X ANNEXATION n WITHDRAWAL DISSOLUTION ORS 198.775 To: Deschutes County Rural Fire Protection District 112 No. of precincts in district $ per precinct = $ (maximum of $10,000) total deposit PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT . NAME (PRINT) '4‘ `'"' 11 SIGNATURE RESIDENCE ADDRESS V'`x 1 MAILING ADDRESS (IF DIFF �ERT) VN CITY, STATE, Lll' CODE "' ,` °"- t iti‘ AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* J CASH 1 1 BOND FTOTHER SECURITY DEPOSIT 2. NAME cc (PR]NT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:* ❑ CASH ❑ BOND OTHER SECURITY DEPOSIT 3. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT 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 Pt.i A i y Cc -t zk7 g f P`,) -2— district exceed the deposit, I/we will pay to the count °, treasurer the amount of the excess costs (ORS 198.775). ' 1. NAME (PRINT) 1-.....A c e ty SIGNATURE r RESIDENCE ADDRESS f c g c x, i I DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, 7rn CODE 13 04 C R 'I .a DAY TELEPHONE sil-- , 0 3 43 2. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE ;. NAME (PRINT) SIGNATURE RESIDENCE ADDRESS DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE.i - i L i f rovide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached. EXHIBIT "B" NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, Cattrell Annexation to the Deschutes County Rural Fire Protection District #2, will be held on April 2, 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 Counsel's Office at 388-6623. The purpose of the proposed annexation is to provide fire protection services for the inhabitants 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. Far 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 18, 2008 and March 28, 2008 To be posted: March 18, 2008 EXHIBIT "B" - ORDER No. 2008-020 (03/05/08)