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1995-29892-Ordinance No. 95-057 Recorded 8/24/1995REVIEWED 9.:-29992 3,)jtj 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 of Certain Property, and Declaring an Emergency. 014'7-1524 cil ORDINANCE 95-057 WHEREAS, Pat Bauer has requested that certain property, identified herein be rezoned from RL to RS; WHEREAS, a hearing was held, after notice given in accordance with law, before the County Hearings Officer; WHEREAS, the Hearings Officer approved 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 RL, Urban Low Density Residential to RS, Urban Standard Residential. 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-95-2, attached to Ordinance 95-056 and incorporated herein by reference. Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. ORDINANCE NO. 95-057 1, KM i[D AUG 1 1995 014'7-1525 Section 4. 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. DATED this .,23 ATTEST: day of ar', 1995. r'M Recording Secretary ORDINANCE NO. 95-057 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ///1 - /a,#/ BARRY H. 9LAUGHTER, Chair Le-�� N POPE SCHLANGEN, Commissioner ROBOT L. NIPPER, Commissioner 2 014'7-1526 A tract of land situated in the Southwest 1/4 of Section 15, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at the Southwest corner of Section 15, Township 17 South, Range 12 East, Willamette Meridian, thence North 89° 46' 59" East, along the south line of said Section 15, 1202.48 feet to a point on the West right-of-way line of 18th Street; thence leaving said south line of said Section 15, following along the arc of a 760.00 foot radius curve to the left, through a central angle of 16° 55' 36", an are distance of 224.53 feet (the long cord of which bears North 08° 23' 04" East, 223.71 feet) along said West right-of-way of 18th Street to a point of tangency; thence continuing along said West right-of-way line, North 000 10' 06" West, 543.55 feet to the intersection of the South right-of-way line of Morningstar Drive and said West right-of-way line of 18th Street; thence following along the South right-of-way line of said Morningstar Drive the following eight courses; thence South 89° 51' 29" West, 34.82 feet to a point of curvature; thence along the arc of a 270.00 foot radius curve to the left, through a central angle of 22° 07' 37", an arc distance of 104.27 feet (the long cord of which bears South 78° 47' 40" West, 103.62 feet) to a point of tangency; thence South 670 43' 52" West, 254.92 feet to a point of curvature; thence along the arc of a 382.40 foot radius curve to the right, through a central angle of 22° 01' 33", an arc distance of 147.00 feet (the long cord of which bears South 78° 46' 40" West, 146.10 feet) to a point of tangency; thence South 891 47' 26" West, 60.00 feet to a point of curvature; thence along the arc of a 220.00 foot radius curve to the left, through a central angle of 25° 58' 40", an arc distance of 99.75 feet (the long cord of which bears South 76° 48' 06" West, 98.90 feet) to a point of tangency; thence South 631 48' 46" West, 39.66 feet to a point of curvature; thence along the arc of a 240.00 foot radius curve to the right, through a central angle of 07° 02' 15", an arc distance of 29.48 feet (the long cord of which bears South 67° 19' 54" West, 29.46 feet) to a point of nontangency and to a point on the southerly boundary line of Morningstar Subdivision as recorded in the Deschutes County Clerk's Office; thence along said southerly boundary of said Morningstar Subdivision, South 00° 07' 50" East, 144.15 feet; thence continuing along said southerly boundary line, South 89° 48' 26" West, 500.82 feet to the southwest corner of said Morningstar Subdivision and a point on the west line of said Section 15; thence leaving said southerly line of Morniningstar Subdivision and following along the said West line of said Section 15, South 00° 13' 58" East, 426.67 feet to the point of beginning. This tract of land contains 16.14 acres. v v?,011y 17» eon 001 O OOvZ=''....e E x H i ai T L2> 0147-1521 RIm SEE WP 17 12 160 18TH :1 STREET SEE WP 17 12 ISM �N a MORN I NGSI P, ✓ w�tC r 8a 8 ~r ti0 V C Ill.p N 4 � � s i C� usss t sr n, m 18TH :1 STREET SEE WP 17 12 ISM �N a C-) •i N 4 � m cn nm Lr� N g � rn g C-)