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1995-42470-Ordinance No. 95-079 Recorded 12/7/1995`- REVIEWED 95-42470 6W 0 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. ORDINANCE 95-079 0148_1418:: , WHEREAS, Mike Knoell 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 November 15, 1995, relating to Zone Change Application ZC-95-8, attached to Ordinance 95-078 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under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition,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purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. 1 -ORDINANCE NO. 95-079 gra CD C WHEREAS, Mike Knoell has requested that certain property, identified herein be rezoned from RL to RS; WHEREAS, a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 November 15, 1995, relating to Zone Change Application ZC-95-8, attached to Ordinance 95-078 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. 1 -ORDINANCE NO. 95-079 A. 0145-Iei19 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 i— day of , 1995. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON �A2("ht�f H. SLAUGHTER, NANCY PgPE SgHLANGEN, Recording Secretary ROI&RT L. NIPPER, Comrdissffoner 2 -ORDINANCE NO. 95-079 Ex V i1 1127 Page 4 of Order No. 110648 -HJ, dated July 9, 1993 31 2 1 0 1 DESCRIPTION SHEET The North Half of the Northeast Quarter of the Southwest Quarter welveE(12), East OfStheion Fifteen Willamette !(Ceridian,, Deschutesnteen County17Oregont. Range Twelve (12), EXCEPTING that portion lying within the boundaries of CowTtry View Estates, a platted subdivision. ALSO EXCEPTING THEREFROt1 Beginning at the C41/16 corner of the centerline of said Section 151 thence along the centerline of said section North 89°38'20" East, 1132.98 feet to the true point of beginning of this description; thence leaving said centerline Sout11 69125'50" West 232.61 feet; thence South 39°00'45" West 170.00 feet thence North 24°15'59" West 231.64 feet to a point on the said centerline; thence along the said centerline North 89°38'20'• East 420.00 feet to the true point of beginning and the terminus of this description. -END- STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) 1• MAR1 SUE PENNOIIOW, CIX AND CLERK WD RECORDER Of CONV(IANC[S, COUNTY DO NERVI CERTIfT THAI TN( WITNIN INSTRUFAENI VIAS RECORDED TNIS DA11 1 31 P11 3: (, 4 ? TY F BY DESCNUTES COUNT, OFFICIAL RECORDS I / I STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) , MART SUE PENNOIIOW, COUNTI CLERK AND 1 RFCOROfI Of COMY[IANC[S. IT AND FOR SAID CDUNTT• DO NERERI CEl111S : VlITNIN INSTRUMENI WAS RECORDED TNIS DAI H1 3 DEPUTY /—g3_2�97b FEc7-- N0 t---_ D[XNUTES COUNII OiFICUI RECORDS r -j Cr 21