1995-30731-Ordinance No. 95-059 Recorded 8/31/1995REVIEWED
95-30'731 �
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES LEGALOUNSEL
An Ordinance Amending Title 18,
the Deschutes County Zoning Map, * G001 A M 8:52
to Change the Zone Designation
on Certain Property and Declaring * F ' Q!;L s- :*IHOLL ' ' {
an Emergency. '? Y (L~fK
ORDINANCE NO. 95-059
0147--ti`44
WHEREAS, tax lot 1100 in Section 6 of Township 17 South, Range 12
East of the Willamette Meridian is one tax lot totalling 3.61 acres of
real property zoned as Open Space and Conservation, OS and C, under the
County's Zoning Ordinance; and
WHEREAS, this tax lot described in Exhibit "A" and depicted on
Exhibit "B" attached hereto (hereafter referred to as subject 3.61
acres) was zoned Open Space and Conservation by Title 18, the Deschutes
County Zoning Ordinance, in 1979, when it should have been zoned
MUA-10, Multiple Use Agriculture, as more fully set forth in the
Hearings Officer's report attached hereto as Exhibit "C"; and
WHEREAS, John and Marcia Walther have proposed a Zone Map
Amendment to Title 18, based on an irrevocably committed exception to
Statewide Planning Goals #3, Agriculture and #5, Open Spaces Scenic and
Historic Areas and Natural Resources, to rezone the subject 3.61 acres
from OS and C to MUA-10 in the County's Zoning Ordinance; and
WHEREAS, the Deschutes County Hearings Officer, after review
conducted in accordance with applicable law, has recommended approval
of the proposed Zone Map Amendment to Title 18, the Deschutes County
Zoning Ordinance; and
WHEREAS, after notice was given and a hearing conducted on August
30, 1995 in accordance with applicable law, the Board of County
Commissioners have considered the Hearings Officer's recommendation;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. That Title 18, the Deschutes County Zone Map, as
amended, is further amended to change the zone designation for the
subject 3.61 acres, as more fully described in Exhibit "A" and depicted
in Exhibit "B" attached hereto and by this reference incorporated
herein, from OS and C to MUA-10.
Section 2. In support of its decision, the Board adopts the
findings and recommendations of the Hearings Officer, attached to
Ordinance 95-058 and incorporated herein by reference.
-HEC MEp'
1 - ORDINANCE NO. 95-059
1995
014'7-1745
Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express of 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 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.
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 30 day of
ATTEST:
;ecretiary
2 - ORDINANCE NO. 95-059
1995.
Recording
BOARD OF COUNTY CO)MISSIONERS OF
DESCHUTES COUNTY, OREGON
BARRY H. SLAIIGHTER, Chair
NANCY POPE SC LANGEN, Commissioner
RO�kRT L. NIPPER, ComnAsisioner
EXHIBIT A
J4J - 4J i U
014"7-1746
PARCEL I
A parcelofland lying in the Southwest. Quarter Southeast quarter
1 (SWI/4 8E1/4) of Section Six (6), Township Seventeen (17) South, Range
Twelve (12) East of the Willamette Meridian, Deschutes county, Oregon;
the said parcel being described as followss
Beginning at the Southwest corner of the SE1/4 531/4 of said Section
6, thence North 0•-38''00' East on the quarter line to its
intersection with the South right of Way line of the former
McKenzie -Bend Highway which was abandoned to Deschutes county by order
dated April 15, 1953; thence in a straight line to a point on the
South 1%ne of said -Section 6, 390.65 feet West of the Southwest corner
-�.•� of said'9E1/4 SE1/4 of Section 6; thence Easterly along said South
`=` w line of said Section 6 to the point of beginning.
The said parcel contains 3.6 acres, more or less.
4
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