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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 - p rl+ AME 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$6 (H) 5-4/9, Y4 83 (B) by the Board of Directors, Cloverdale Rural Fire Pro paries B. Cable, ire Chief istriot this cP f _day of _ 7; in ,crab-)¢. EXHIBIT e� PAGE_ WO' A . FA' «ii U rp Q! 7 FD A fo N . • PRINT NAME SIGNATURE i IV Z • V, b t CA • C ---rt C � Al ND .-t mM v OJ A CA fi-, tvG v PROPERTY ADDRESS RESIDENCE ADDRESS (If different) Dz-.< '308 roll Dz-< OOy Rl l -.1. Dz'< 2ptgii ii l 1 Dz< OOy P11 1 >2-4 Ro/ X11 1 >z'< Oa 2.11 I Dzg RON ul 1 l Dzg OOy iI 1 I Azg 570„ 7l 1 I Dz'< 20. 1511 1 bz.< _05D q l l • NI A N Yes _.... Yes No • No Acreage _ Pre 7;Z•.< N �l h 1 4 n o 4 m N ii h 1. =:.. ro0 m N 111k LANDOWNER 1 REGISTERED IN DISTRICT ;I VOTER STRICT �IZ'< I < Nis O i 111111111111111 zt ,p o f Z` N O i NI O a Na' 1111111.11 z„< �z� O 5 i0 O 90Z� 'OOZE 11 q �D N 111111111 Ra ro . N 11 !':s;M!IIE,/!JAREN Ciot' wpUBLIC:-OREGON County of Deschutes 001,1 ISR ION NO. 418564 e3• t+kY(AA6P:!.t'S'f;, 9BYPIRES S!LY2" 2^011 :, State of Oregon • I, :�hei4�y/l'i;i.s'='* , certify that 1•st41$feutated- paitilorm every person who signed thls petition did so In my presence. s z m O d A r • SUBSCRIBED AND SWORN to before me this . lal day of /1:'L.4_1 ci•.� f SCC �8�,n ; 1 T 1 PAGE ct(Cc.1i'tikr"— !Artistry —!Artistry Piihtl fnrflrstnnn -, . 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 tl dill ns TZ 41 ti eel 33S 4 il.--••-•-•- • •-• ....-.1. -•-• - al- •---* a-• -.- mi.-.. -a- ..-•-a.-•. •-• ...- No-• -•-•-s. •-•-•• •-• -s- -s- tn-iff .... T-•-• ...-1.-... -of.- . 1.4 FA, Ile EXHIBIT ,I___PAGE ^^mo*w ra.i co o 0 C4 ~E.4 Hw � A tz cog �y u) 4.1 IA Di 00 N g —1 ��Q> ucr \\*9kNi 01L Cr Z CL '48"E 131832' CO z co az az 3-LO,Zi.00 S 0 0 C-2 ,-i 0 a) ,09'8101 3.LO.Z1.00 S 0 ,L£"F6S1 ALO£,81.00 N HthON 0 0)1^ CL 0 0 0 EXHPBT I PAGE 4 541-549-7851 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)