1997-08879-Ordinance No. 97-020 Recorded 3/14/1997t
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCWPO X,19REGOI
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An Ordinance Amending Ordinance No. 80-216, * ' ` ' r!
the Bend Area General Plan, as Amended,
Changing the Plan Map Designation for Certain 0156-22a6
Property, and Declaring an Emergency.
ORDINANCE NO. 97-020
WHEREAS, Scott Oakley requested a Plan Amendment to change the Plan Designation on a
26.02 acre parcel from Low Density Residential to Medium Density Residential;
WHEREAS, a hearing was held, after notice given in accordance with law, before the County
Hearings Officer:
WHEREAS, the Hearings Officer approved the proposed redesignation under the Bend Area
General Plan;
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. Amendment. Ordinance 80-216, The Bend Area General Plan, as amended, is
further amended to redesignate on the Plan Map a 26.02 acre parcel, described on the Attached Exhibit A,
and as depicted on Exhibit B, attached hereto and by this reference incorporated herein, from Urban Low
Density Residential to Medium Density Residential.
Section 2. Findings. To adopt as its decision and findings the Findings and Decision of the
County Hearings Officer dated January 14, 1997, relating to Plan Amendment Application PA -96-8,
attached to Ordinance 97-018 and incorporated herein by reference.
Section 3. Severability. The provisions of this ordinance are severable. If any section,
sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction,
that decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. Codification. County Legal Counsel shall have the authority to format the
provisions contained herein in a manner that will integrate them into the County Code consistent with the
Deschutes County Form and Style Manual for Board Documents. Such codification shall include the
PAGE 1 - ORDINANCE NO. 97-020 (03/12/97) ,. r �;LD
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authority to make such changes, to make changes in numbering systems and to make such numbering
changes consistent with interrelated code sections. In addition, as part of codification of these ordinances,
County Legal Counsel may insert appropriate legislative history reference. Any legislative history
references included herein are not adopted as part of the substance of this ordinance, but are included for
administrative convenience and as a reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 5. 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.
Section 6. Emergency. 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 /,� day of, 1997.
ATTEST:
L, y y-, '4&4�
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OP! DESCHUTES COUNTY, OREGON
NANCY
, Chair
w
Z
RO RT L. NIPPER, Co sioner
LLtqfD,& L. SWEARINGEN, Commissioner
PAGE 2 - ORDINANCE NO. 97-020 (03/12/97)
0156-2238
Exk; 6 A
LEGAL DESCRIPTION
ZONE: RM
A parcel of land located in Parcels 2 and 3, MP -95-41, Partition
Plat No. 1996-14, in the Northwest one-quarter of Section 22,
Township 17 South, Range 12 East of the Willamette Meridian,
Deschutes County, Oregon, being more particulary described as
follows:
Parcels 2 and 3, MP -95-41, Partition Plat No. 1996-14.
Excepting therefrom:
Beginning at the Northwest corner of :;aid section 22,
thence North 89°51'24" East along the northerly section
line 805.80 feet; thence leaving said northerly section
line South 80.00 feet; thence South 89° 53.' 24" West 805.69
feet to a point on the westerly section line of said
Section 22; thence North 00°04'51" West along said
westerly section line 80.00 feet to the point of
beginning.
Also excepting therefrom;
Beginning at the North one -sixteenth corner of said
section 22, thence North 00'04'51" West along the
westerly line of said section 22 40.00 feet to 3 point on
the northerly right of way of Empire Avenue; thence North
89'48'21" East along said northerly right of way 150.02
feet to the TRUE POINT OF BEGINNING; thence North
89°48'21" East along said northerly right of way 517.23
??? feet to the Westerly right of way of 18th Street;
thence North 00'04'30" West along said westerlY right of
way 242.18 feet; thence along said westerly ric'jht of way
104.31 feet along the arc of a 840.00 foot radius curve
right, the chord of which bears North 03'28'57" East
104.25 feet; thence leaving said westerly right of way
South 89 ° 48' 21" West 524.39 feet; thence South 00 ° 11''.9"
East 346.21 feet to the TRUE POINT OF BEGINNING.
Also excepting therefrom:
The Southerly 10.00 feet of said parcel 2, MP -96-41,
Partition Plat No. 1996-14, for future road dedication.
Containing 26.02 acres, more or less.
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SECTION CORNER
16 1575
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805.80'
0150-2239
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S8 26. COUNTY ROA
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N 4.00 NET ACRES
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N-00 517.23'
i 50.02' 0 - 517.21' -
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N 1/16TH CORNER EMPIRE AVENUE
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1` L 07 9 60'
R: 1 190 ' - - - - - -
251,
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