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1995-29890-Ordinance No. 95-061 Recorded 8/24/1995REVIE ED 9c --2'9890 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, As Amended to change the Zoning on Certain Property, and Declaring an Emergency. t'0 ORDINANCE 95-061 WHEREAS, Broken Top Limited Partnership and Cascade Highlands Limited Partnership have requested that certain property, identified herein be rezoned from UAR-10 to RS, and from RS to UAR-10; WHEREAS, a hearing was held, after notice given in accordance with law, before the County Hearings Officer; WHEREAS, the Hearings Officer recommended approval of the proposed zone change; WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS, as follows: Section 1. Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, as amended, is further amended to change the zone designation of the property described on the attached Exhibit A, and as depicted on Exhibit B, attached hereto and by this reference incorporated herein, from UAR-10, Urban Area Reserve to RS, Urban Standard Residential; and change the zone designation of the property described on the attached Exhibit C, and as depicted on Exhibit D, attached hereto and by this reference incorporated herein from RS, Urban Standard Residential to UAR-10, Urban Area Reserve. Section 2. To adopt as its decision and findings the Findings and Decision of the County Hearings Officer dated August 4, 1995, relating to Zone Change Application ZC-95-6, attached to Ordinance 95-060, and incorporated herein by reference. Iii D �19 ORDINANCE NO. 95-061 ` ii 6 Section 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. 01 -IU03 1 DATED this o?3 day of �_, 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON BARRY H. LIGHTER, Chai ATTEST: 4N&CYPOi�PE SCHLANGEN, Commissioner Recording Secretary RO RT L. NIPPER, Commissi n ORDINANCE NO. 95-061 2 EXHIBIT A BROKEN TOP 0147—" r" G PARCEL INCLUDED IN U.G.B. BY PA -95-6 ADJOINS LOT 382 A parcel in the southeast 1/4 of Section 1 in Township 18 South and Range 11 East of the Willamette Meridian, Deschutes County, Oregon as shown on the attached exhibit and fully described as follows: Commencing at a 5/8" iron rod at the northwesterly corner of Lot 382 of BROKEN TOP; thence following the boundary of said lot South 00023'49" East 60.86 feet to the point of beginning; thence South 00023049" East 164.75 feet to a 5/8" iron rod at _ the northerly right-of-way of Metolius Drive; thence leaving said lot boundary 163.42 feet along the arc of a 760.00 foot radius curve left (the long chord of which bears South 72030'26"West 163.10 feet); thence leaving said right-of-way North 79°31'59" West 132.90 feet; thence North 14024'17" West 94.39 feet; thence North 35020'33" East 65.24 feet to the Broken Top Boundary per CS 07919 by David Bateman; thence following said boundary North 80°34'09" East 274.56 feet to the point of beginning. Contains 1.14 acres. DAVID EVANS AND ASSOCIATES, INC. A PROFESSIONAL SERVICES CONSULTING FIRM OFFICES IN OREGON, WASHINGTON, CALIFORNIA AND ARIZONA -09 N.W. WALL STREET, SUITE 102 BEND, OREGON 97701-2,44 (503) 389-7614 FAX (503) 389.7623 ^��� FRINtED pJ REC1COBlE AGER j.i Lek �,vt .+'�'.�:Z.., JULY 10, 13"0 JERi:Yt C. 1 ,9 August 14, 1995 1: \jcp\wpf2\chd\382ugbi.jcp 344 N � CURRENT I.U.G.B. TO REMAIN ~� ,\CURRENT I.U.G.8. 49 gQ N35'20133E 65.24' Z ` r 0......7 PROPOSED NEW I.U.G.B. ,I NORTH SCALE: 1"=100' El AREA TO BE REMOVED FROM W.G.S. (1.14 ACRES) EmAREA TO BE ADDED TO I.U.G.8. (1.14 ACRES) scale 1"=100' design date 08/08/95 drawn D.A.N. file 0: \SSLP0004\DWG\NEW—IUGS.DWG EXHIBIT B N :p{� N p N PROPOSED NEW I.U.G.8. r� N80_34�0.� E p=12'19' 11 R=760.00' L=163.42'. 163.10' 132 90' N79:31 gg"k, t OL i PROPOSED NEW W.G.S. CURRENT � t. U. G. B. TO REMAIN C 0 DAVID EVANS AND ASSOCIATES, INC 709 NW WALL STREET. SUITE 102 BEND. OREGON 97701 (603)389-7814 • CURRENT W.G.S. BROKF PHASI 382 TOP III- E 381 TT_ DRIVE TRACT W 387 OK TOP HASE I -F 386 "'�y385 EXHIBIT PROPOSED I. U. G. B. REALIGNMENT EXHIBIT C BROKEN TOP 0147 1 F0 PARCEL EXCLUDED FROM U.G.B. BY PA -95-6 ADJOINS LOT 382 A parcel in the southeast 1/4 of Section 1 in Township 18 South and Range 11 East of the Willamette Meridian, Deschutes County, Oregon as shown on the attached exhibit and fully described as follows: Commencing at a 5/8" iron rod at the southwest corner of Lot 382 of BROKEN TOP; thence North 00°23'49" West 225.61 feet to a 5/8" iron rod at the northwest corner of said Lot and the point of beginning; thence leaving said lot South 6803702411 West 290.40 feet to the Broken Top Boundary per CS 07919 by David Bateman; thence following said boundary South 80034'09" West 49.98 feet; thence leaving said boundary North 12°25'04" West 129.67 feet; thence North 68041'39" East 383.60 feet; thence South 03°40'41" West 152.29 feet to the point of beginning. Contains 1.14 acres. DAVID EVANS AND ASSOCIATES, INC. A PROFESSIONAL SERVICES CONSULTING FIRM OFFICES IN OREGON, WASHINGTON, CALIFORNIA AND ARIZONA 709 N.W. WALL STREET, SUITE 102 BEND, OREGON 97701-2744 (503) 389-7614 FAX (503) 389-7623 ^ � Md D CN REC' CLABLE R R REG I STrrl ED PROS ..;'?: LAND SU z'y'-r_'Y0R (, " JULY 18. 1980 JERRY C. POY01ELL 1919 R��s (—(".9% August 14, 1995 1Ajcp\wpf2\chd\382ugbo.jcp 344 N N CURRENT I.U.G.B. fes' TO REMAIN _ ----:�— "� °-.4 .\,CURRENT I.U.G.B. —� N35'20'33"E Y 65.24' \� 1 1 � PROPOSED ii NEW I.U.G.B. 4 - NORTH SCALE: 1"=100' Z' N ®AREA TO BE REMOVED FROM I.U.G.B. (1.14 ACRES) �3AREA TO BE ADDED i�i�i km scale 1"=100' design date 08/08/95 drawn D.A.N. file 0: \SSLP0004\DWG\NEW—IUGB.DWG BIT D 1'3 3g3 60 \\\ \ C ii N~ PROPOSED NEW I.U.G.B. N8034'0 E A=12'19' 11 " R= 760.00;,< L=163.42',, LC=S72'30': 163.10' N79'3159"W v �pLI PROPOSED NEW I.U.G.B. CURRENT I.U.G.B. TO REMAIN DAVID EVANS AND ASSOCIATES, INC 709 NW WALL STREET. SUITE 102 BEND, OREGON 97701 (503)389-7814 o� CURRENT BROKE TOP o PHASE III— E w 382 381 .-41"' N � DRIVE TRACT W 387 �i20K TOP 'HASE I—F 386 385 EXHIBIT PROPOSED I. U. G. B. REALIGNMENT