HomeMy WebLinkAboutCloverdale RFP 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 December 10, 2008
Please see directions for completing this document on the next page.
DATE: December 3, 2008.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2008-100, accepting the Petition and setting date for public
hearing for annexation into Cloverdale Rural Fire Protection District.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On November 14, 2008, Marshall submitted a petition to annex petitioner's property located at 70096
Holmes Road, Sisters, Oregon. On November 25, 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. 2008-100
attached for Board signature, sets that hearing date for January 14, 2009.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Approval of Order No. 2008-100 as described above.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
Legal Department.
REVIEWED
LEGLA 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 Marshall
Annexation into the Cloverdale Rural Fire
Protection District
*
*
*
ORDER NO. 2008-100
WHEREAS, a petition requesting annexation of territory into Cloverdale Rural Fire Protection
District was duly filed with the Deschutes County Board of County Commissioners ("Board") on or
about November 25, 2008, a copy of which is attached hereto as Exhibit "1" 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 January 14, 2009; 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 Cloverdale Rural Fire Protection District, a copy
of which is attached hereto as Exhibit "1," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Monday, January
14, 2009, 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 "2,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on December 30, 2008 and January 9, 2009 and posted
December 30, 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. 2008-100 (12/10/08)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to January 14, 2009 (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, VICE CHAIR
ATTEST:
Recording Secretary MICHAEL M. DALY, COMMISSIONER
PAGE 2 OF 2- ORDER No. 2008-100 (12/10/08)
PETITION TO ANNEX PROPERTY TO
C:Lavvat-E RueAL. F1 Re PR.v1 E4410o Disretcr
(Name of District)
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 Ct-airAL.>E (2.tifLALVI ae PeiDireCTION
(Name of District) 015re1C1 ,
3. The principal act for C LDV E .t LE R (ARAL, Re. P40 rR ,>tSrr.tC.'r I
(Name of District)
ORS in
(Proper statutory reference, see ORS 198.010)
4. The territory that is subject to this Petition for Annexation is primarily Inhabit/ uninhabited
(circle one). 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 signature, and that all signatures were obtained on or after the 22"dday of
jelPbasr , 200 8.
5. it is requested that the proceedings be taken for the annexation of said territory to
CI r�vF-QD�Lt a.veAL. - aorRc.rxrr.). pi,rgtcr Deschutes County, Oregon. A
description of the boundaries of the territory to be annexed is attached hereto and marked
Exhibit "A" and depicted on the map attached as Exhibit "B".
6. That said Petition has been signed by at least 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed.
DATED this 14e day of N 0 V l M a 2. ,200 8.
Name: l"3t ?vu E Dile s $4-4-u.— Name:
Address: PO i3OX asc0 Hog 8 Address:
51 sTH-2 C 02 R"7-7 SCt
Phone: SL//. 54 , qL, S3 Phone:
DATED this 1'/ qday of /V vE,w p ,200? Approved by the Board of Commissioners of
Name of District
Signature
By:
(Print Name)
Title: srE
DATED this day of ,200_ Approved by City of 0"4
Signature
By:
(Print Name)
Title:
C:\Documents and Settings\lauriek\Locai Settings\Temporary Internet Files\OLKS\Petition to Annex Property to.doc
EXHIBIT i pt
1OM.
FAX NO. :5413883551 Jun. 16 2008 04:50PM P3
PHONE NO. :..54e 4815 Jun. la 2008 03:38PM P3
PETITION TO ANNEX PROPERTY
-TO-
CLOVERDALE RURAL FIRE PROTECTION DISTRICT
TO: The Board of County Commissioners, Deschutes County
Deschutes County Courthouse
Bend, Oregon 97701
The Undersigned are uualifiied petitioners under ORS 198.705 -to- ORS 198.955, and respectfully ask that the
described lands lying and being in Deschutes County, Oregon and described in Exhibit 1 attached hereto, be
annexed to the Cloverdale Rural Pira Protection District and hereby joins the attached petition for said
annexation,
LEGAL: EXH031T 1 - Attached separate sheet (8 112 t 11) providing a complete legal description of the
property to be annexed. If more than ane petitioner, alt properties to be wed are inciuded'and
listed as parcel 1, parcel 2, etc..
PLOT M.AP: F,H9IBZT 2 - Attached separate sheet (8 1/2 x 11) providing a plot map identification ofthe
property to be annexed. Ifmvre than one petitioner, all properties to be annexed are included and
identified as parcel t, parcel 2, etc.,
The undersigned, in support of this petition, further state as follows:
1. The petition is filed pursuant to ORS 198.705 -to -198.955.
2. This snaeuxation affects only Deschutes County and the Cloverdale Rural .Hire Protection District.
3. The principal act ofthe Cloverdale Rural Fire Protection District is ORS 478..
4. The territory that is subject to this Petition for Annexation is primarily inhabitedL
5. It is requested that the proceedings be talo far the annexation oldie said territory to the Cloverdale
Rural Fire Protection District,
6. That said petition has been signed in our presence by not less thait 15% ofthe registered voters within
the area proposed to be annexed or by 15 owners of land or the owners of 10% of the acreage,
(whichever is the greater member of finers) within the area proposed to be annexed.
DATED this II"' day of _ltdcktwr , 341 ?
Nam
Name: ► .. _
cit .7-0-' 4NE>t -
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toA- Vic/ E 114A-429-1,4L.t✓
boisict. /4421—sita / /
Mailing address! PC) f'X 35 ' eM phone:
� 15'fil, A� 777$1 SSt, ,Y2..O,Gro$6 (H)
5-4/9, Y4 83 (B)
by the Board of Directors, Cloverdale Rural Fire Pro
paries B. Cable, ire Chief
istriot this cP f _day of _
7; in ,crab-)¢.
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Ciot' wpUBLIC:-OREGON
County of Deschutes 001,1 ISR ION NO. 418564
e3• t+kY(AA6P:!.t'S'f;, 9BYPIRES S!LY2" 2^011 :,
State of Oregon
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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, Ieaving 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
S455°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
E, c511 A
EXHIBIT l PAGE `/
REVISED: 10/21/1006
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541-549-7851
CO
CIO
P.O. Box 751
SEL 700
REV -5/14/93
SECURITY DEPOSIT
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
FORMATION 1.71 ANNEXATION fl WITHDRAWAL 1 DISSOLUTION
CLOVERDALE- szvel (. reoremonl District
No. of. precincts in district @ $ IOC per precinct = $ 100 (maximum of $10,000)
total deposit
ORS 198.775
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT
. NAME (PRINT) 0,04N E- 1`11Ae. A t^L--
SIGNATURE
RESIDENCE ADDRESS 7.O . N O F1A. s
MAILING ADDRESS (IF DIFFERENT) P0 Box &Soo PM t3 1 6K
CTIY, STATE, Y€ CODE s STaes 9115
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT 7117643
KIND OF CONTRIBUTION:' f CASH ❑ BOND D OTHER SECURITY DEPOSIT
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* CASH 11 BOND n 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:* U CASH (1 BOND
OTHER SECURITY DEPOSIT
CHIEF PETITIONERS
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
CizwER ME R .A4._ r t 21. P 01- ecri o a .3 district exceed the deposit, I/we will to the county treasurer
pay
the amount of the excess costs (ORS 198.775).
1. NAME (PRINT) GC1, iwv.E- bl*gs/ M i.- SIGNATURE _- , e <a
RESIDENCE ADDRESS 7 009to Norm fs r2 t DATE ///"/ .0 d
MAILING ADDRESS (IF DIFFERENT) PO SOX 3 'GZ7 PM8 Ie. 8
CITY, STATE, ZTP CODE 5 LST IF_ D2 9775, DAY TELEPHONE 51.54/7.4"/93
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE DAY TELEPHONE
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DI F.FERENT)
CITY, STATE, L U' CODE DAY TELEPHONE
*Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached.
t_XHU3 T ) PAGE __ __
EXHIBIT "2"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Marshall Annexation, to the Cloverdale
Rural Fire Protection District, will be held on January 14, 2009, at 10:00 a.m. in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
To view the legal description of 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 area
proposed 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: December 30, 2008 and January 9, 2009
To be posted: December 30, 2008
EXHIBIT "2" - ORDER No. 2008-100 (12/10/08)