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1996-12179-Ordinance No. 96-028 Recorded 4/4/1996REVIEWED y6�121'79 Bw� LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCWT COI T Y,,�OREGON 4 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 96-028 01uo- , WHEREAS, T.M. Pete Enterprises, Inc. 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 Hearing 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 March 12, 1996, relating to Zone Change Application ZC-95-9, attached to Ordinance 96-027 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under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition,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 Ordinance No. 96-028 Page 1 MICROFILMED APR 1l 1996 - 'r 1996 0150-0400 of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance.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 rl - day of , 1996. ATTEST - �al &dj��k Recording Secretary Ordinance No. 96-028 Page 2 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Av NANCY P,O SC LANGEN, Chair H. X � L L. NIPPER, , Commissioner MAR -25-96 MON 16:07 T M PETE ENTERPRISES 5033821107 P.02 PROPOSED 0150-6401 PHOENIX SUBDIVISION A parcel of land located in the East One -Half of the Northeast One-quarter of Section 16, Township 17 South, Range 12 East of the Willamette Meridian, in Deschutes County, Oregon, being more particularly described as follows: commencing at the Northeast corner of said Section 16; thence along the East line of said Section 16 South 00000 19" West 649.34 feet to the point of beginning; thence leaving said East line of said Section 16 West 901.31 feet to a point on the Easterly right-of-way of Boyd Acres Road; thence along said Egsterly right-of- way South 16040 06" East 176.48 feet�and South 00006 31" East 118.14 feet and 55.96�feet along the arc of a 70.00 foot radius curve left th� chord of which bears South 23°00 43" East 54.48 feet and South 45°54 55" East 105.11 feet; thence leaving said Easterly right-of-way East 156.75 feet; thence South 81000 00" East 190.83 feet; thence South 22030 00" East 276.00 feet; thence South 88001 07" West 420.05 feet to a point on the Easterly right-of-way of Boyd Acres Road; thence along said Easterly right-of-way South 09002 35" West 0.26 feet and 160.58 feet along the arc of a 314.66 foot radius curve left the chord of which bears South 05034 35" East 158.84 feet and South 20011 45" East 14.10 feet and 136.01 feet along the arc of a 430.00 foot radius curve right the chord of which bears South 11°08 05" East 135.44 feet and South 02004 25" East 297.00 feet and 58.01 feet along the arc of a 230.00 foot radius curve right the chord of which bears South 05009 05" West 57.85 feet; thence leaving said Easterly right-of-way of Boyd Acres Road South 89057 07" East 670.52 feet to a point on the East line of said Section 16; thence along said Easterly line North 00°00 19" East 1369.29 feet to the true point of beginning thence terminus of this description. Containing 21.0 acres, more or less. Sun Country Engineering & Surveying, Inc. 0150-0402 = SI SEE YAP 17 12 168 4 33§� :�E BGR('lNCrpN • • • � � o a gid'* a - � �, i • ' • • . t � .t• , — 8 �+' ,� ,� ti 1)O.r . � --� — _ X1..8 .y ` _ ,r;, m _y, y - +• M •fes 'ca 8 = r^ $, - N Ln rn 1= Cl) rn It Irs Ir m ln.« L\ 4\I I L 8 g N V o Y s- " V $ _ •,... 'N ♦ e♦ vi s+uttt uulAt o CIO v) � I1 1 s t- I v I d3. i co _� m ny fi;w ■ + �+ / 1 ; 7 ;■ - -8 t gOUTH [ H BR o g V. �� I ski. eei a R Rl. IY t 1 �$ •� In. Ir s ♦ � It 1 �' t IM. 111.V y1 I � C I11.M M �ti� I al Ir.w 1 rl,q 1. � ILINCH VILLAGEO1(�14 g v I N I = I I 1 0.31 CP S� 3 C e