1999-66-Ordinance No. 99-008 Recorded 2/11/1999VOL: CJ1999 PAGE: 66
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Feb. 11, 1999; 10:15 a.m.
Ordinance (CJ)
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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*01999-66 *Vol -Page 02/11/1999 10:40:40
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y REVIEWED AS TO FORM
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CODE REVIEW COMM.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTI
An Ordinance Amending the Bend Urban
Area Zoning Map, of the Deschutes County
Code, to Change the Zone of Certain
Property, and Declaring an Emergency.
ORDINANCE NO. 99-008
QWy
LEGAL COUNSEL
•: .e►I
WHEREAS, Daniel Kiesow submitted a request for a quasi-judicial change to the Bend Urban Area
Zoning Map to change the zone map designation on 8.63 acres of certain property from SR2.5 - Suburban
Low Density Residential to RS - Urban Standard Residential and RH - Urban High Density Residential; and
WHEREAS, a hearing was held on May 5, 1998, after notice given in accordance with law, before
the County Hearings Officer; and
WHEREAS, the Hearings Officer recommended approval of the proposed zone change for the
western 5.35 acres of the subject property to RS, but did not recommend approval of the proposed change
for the eastern 3.28 acres of the subject property to RH; and
WHEREAS, Daniel Kiesow submitted a timely appeal that the Board of County Commissioners
heard on August 12, 1998; and
WHEREAS, the Board approved a change in zoning from SR2.5 to RM on the eastern 3.28 acres of
the subject property and from SR2.5 to RS on the western 5.35 acres of the subject property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1, AMENDMENT TO BEND URBAN AREA ZONING MAP. Title 19 of the Deschutes
County Code, the Bend Urban Growth Boundary Zoning Map is amended to change the zone designation for
the property depicted on Exhibit "A" as follows: (1) For that western 5.35 -acre portion of the property
described in Exhibit `B," and by this reference incorporated herein, to change the zone from SR 2.5,
Suburban Low Density Residential, to RS, Urban Standard Residential; and (2) for that 3.28 acres of the
property described in Exhibit "C," and by this reference incorporated herein, from SR 2.5, Suburban Low
Density Residential, to RM, Urban Medium Density Residential.
Section 2 FINDINGS. The Board adopts as its findings and decision the Findings and Decision on
Appeal dated September 2, 1998, relating to Zone Change Application ZC-98-2, attached as Exhibit "C" to
Ordinance 99-007 and by this reference incorporated herein.
PAGE 1 OF 2 - ORDINANCE NO. 99-008 (2/10/99)
Section 3. 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 NJ-4'JL 1999.
ATTEST:
Recording Secretary
BOARD OF COUNTY CONMUSSIONERS
OF DESCHUTES CO Y, OREGON
inda L. Swearingen,
PAGE 2 OF 2 - ORDINANCE NO. 99-008 (2/10/99)
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63865 N. Hwy. 97 ♦ Sona, OR 87701 ♦ (541) 392.4192
ZONE CHANGE MAP
PROPERTY DESCRIPTION
TRACT A
Beginning at the Northwest corner of Lot 19, Plat of Glen Vista, Deschutes County,
Oregon; thence North 89°50' 56" East along the North line of said Lot 19 a distance of
265.00 feet; thence South 00°00' 35" West parallel with the West line of said Lot 19 a
distance of 429.49 feet; thence South 24°06' 41" East a distance of 135.15 feet; thence
South 00°05' 48" East a distance of 260.00 feet to the South line of Lot 20 of said Plat of
Glen Vista; thence South 89° 54' 40" West along said South line a distance of 320.00 feet
to a point 150.00 feet Easterly of the Southwest corner of said Lot 20; thence North 000
05' 48" .West parallel with West line of said Lot 20 a distance of 383.03 feet to the
Southwest corner of above mentioned Lot 19; thence North 00°00' 35" East along the
West line of said Lot 19 distance of 419.61 feet to the True point of the Beginning and
the end of this description.
This parcel contains 5.35 acres more or less.
Subject to easements of record.
PROFESSIONAL
Renewal Date L.LAND SURVEYOR
12/31/99 " i � e
FV, -w
010QN
JULY 17, 1906
GARY L DEJARNATT
220$
I� I
Exhibit
Page —I of D
Ordinance
a38es N. Hwy. 97 ♦ flood. OR 97701 ♦ (541) 382.4192
ZONE CHANGE MAP
PROPERTY DFSCRIMON
TRACT B
All that land described in Deed Book 434 page 2994 and Deed Book 435 page 0001,
excepting therefrom the land per Deed.Book 433 page 2780 Deschutes County Official
Records, more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Less and except the following tract of land:
Beginning at the Northwest corner of Lot 19, Plat of Glen Vista, Deschutes County,
Oregon; thence North 89° 50' 5(�'. East along the North line of said Lot 19 a distance of
265.00 feet; thence South 00°00' 35" West parallel with the West line of said Lot 19 a
distance of 429.49 feet; thence South 2e06' 41" East a distance of 135.15 feet; thence
South 00°05' 48" East a distance of 260.00 feet to the South line of Lot 20 of said Plat of
Glen Vista; thence South 89054' 40" West along said South line a distance of 320.00 feet
to a point 150.00 feet Easterly of the Southwest corner of said Lot 20; thence North 00 °
05' 48" West parallel with West line of said Lot 20 a distance of 383.03 feet to the
Southwest corner of above mentioned Lot 19. thence North 00000' 35" East along the
West line of said Lot 19 distance of 419.61 feet to the True point of the Beginning and
the end of this description.
Tract "B" contains 3.28 ' acres more or less.
Subject to easements of record.
RfWSTERED
PROFESSIONAL
LAND SURVEYOR
Renewal Date ,
12/31/99
O R E G O!
JULY 17, 1986
GARY L DEJARNATT 1
2208 Exhibit C
Page—1_._~of
Ordinance
Exhibit "A"
Lot 19, GLEN VISTA, Dachuta County, Oregon.
TOQ►MM WITH: A parcel of land containing 2;092 Square foot (0.048 Acres), more at las,,
located in a portion of Section Seventeen (17), Township Sevemem (17) South, Range Twelve
(12) East, Willamette Meridian. Deschutes County. Oregon, being mare particularly described
-a: followr.
Beginning at a 1/2" iron rod with no cap on. the Ewwly boundary lino of Lot 19. lien Viista,
which bears North 31.54' 01" Wet a distance of 2488.36 feet from a 2" brass cap marking
die Southeast corner of said Section 17; themes around a 1050.00 foot radius curve right 119.20
feat (chord bears South 02° OS' 45" West, 119.14 fen) e a 5/8" imo rod with a plastic cap
stamped •HWA"; thane South 05.23' 530 West a distance of 100.00 feet to a S/8" iron rod
with a plastic cap stamped "HWA"; thence around a 1110.00 foot radius curve left 185.33 fat
(dkor# bears South 00. 36' S4" Wert, 185.11 'feet) to the projection of the common tot .lice
bdwsbn BOW Lot 19 and Lot 20. said plat of Olen Vista; thence along said projected common
lot line South 89' 49' 18". West a distance of 15.67 feet to the Southeast corner of said Lot 19.
said Southeast tot corner bears North 380 14' 15" West a distance of 2178.53 feet brom said
2" brass cap marking said Southeast corner of said Section 17; thence along said Easterly
boundary line of said Lot 19, North 040 27' 53" East a distance of 404.99 feet to the point of
beginning„
Lot 20, GLEN VISTA, BXCBPMO T11fiw'ROM. da West 150 feet of said Lot 20.
TOGE17M WI'lT1: A pmvd of land containing 750, square fieri ((L017 scra), more or less,
bossed io a portion of SeWoo Se ventaao (l7), Township Seveatft (17) Soudi. Range TiMslve
(12) Bast of the Wiltameft Meridian. Deschwes Cowrty. Orego& being man. Particularly
d"Cribed as follows:
Beginning at the BasWy most coma common to Lots 19 and 20. QLBN VISTA, which bow
North W 14' 1S" Was a distance of 217S.S3 feet ftm a r beam cap marking the Soufw
corner of said Section 17; tLeoce along the projection of the common Hue betwm laud Lott
19 and 20 North W 49' 18" East a distance of 15.67 feet: thence around a 1110.00 foot e+adius
curve k812A0 feet (chord bests South 04.28'.40• Wee, 12.00 feet) to a S/81 iron rod with
a plastic cap mmped OIWA dheace South 04. 47' .IS" Bast a distance of 23.14 feet to a S/8"
iron rod with 4 plastic cap stamped "HWA"; thence South 650 SS' 52" West a distance- of
24.14 fleet to.a. 5/8" iron rod with a plastic cap stamped "CAH PLS 1020•; theme North 040
27' Sr Bast a distrmoe of 44.% feet to the "Point of Beginning"', the ftr minus of this
dacriPtioo.
1i0(1BTHBR WITH: A parml of land containing 20739 squaee feet (0.476 Acws). more or
less, locMd in a portion of Section Seventeen (17) Soutb,' Range Twelve (12) East of the
Willamette Meridian. Deacbuta County, Oregon„ bu* more particularly dmnbed as follows:,
Exhibit z 3
C O n+; n v � Page of_pp�
Ordinance
t; O r,+;.%U eA
Exhibit "A".
,BeWming at a Mr iron rod with no cap noidag the Southeast corner of said Lot 20. MEN
VISTA. w1dah born North 46. OS' 10' Wast a distance of 1910.46 feet from a 2' brass cap
oualdat the Southam corner of said Section 17; tihcom along the Easterly boundary line of
said Lot 20 North 04.27' S3' Bast a distance of 339.93 feet to a S/8" iron rod with a phode
cap stamped 9M PLS 1020'; thence North 6S0 SS' S2" Bast a distance of 54.72 feet to a
S/8' iron sod with a plastic cap stamped TM PLS 1420; -thence South 010 04' 14" West a
dicta w of 336.60 toot `o a S/8" iron rod with a plastic cap stamped "HWA" which bean North
44. 03148* Was a distance of 187835 feet frau a 2" bass cap marking said Southeast corner
of said Section 17; thence ooneinuing South 41. 04'14" West a distathoe of 25.31 fat to a S/8"
iron rod with a plastic cap stamped "C&H PLS 1020" on the Southerly .boundary Has of the
Nordwast Quanw of the Southeast Quarter (NE 114 SEI/4) of said Section 17; tlherhoe along said
Southerly boundary line North 88' 39' 18' West a distance of 17.09 feet to a 1.1/4' iron pips
marking the Southeast ono4hd erA corner of said Section .17; thence along the Southerly
WwWuy line of the Northwest Quarter of the Southeast Quarter (NW114 HIM) of said
Section 17 North 89. 46' 18' West a distance of 52.40 feet to the "Point of Beginning", the
toomino of this description.
EXCEP'fiN'%MWROM: A parcel of land containing 3.966 xpme fat (0.091 Acws�
more or tew located in a portion of Section Seventeen (17); TownshipSeventeen (17) South.
Range Twelve (12) East of the Willamette Meridian. Deschutes County. Oregon. bang more
partic"y described as follows:
Bagiooiog at a 5/8' iron rod witb a plastic cap stamped 'HWA" which beers Nath 44. 03' 48'
Wet a distem of 1H78.3S fact from a 2" brass cap awting the Southeast corner of sad
Section 17; thence around a IOSO.00 foot "us curve left 107JS he (chord bears North Ole
Sl' 31` Woo. 107.30 fee) to a 518" iron rod with a plastic cep stamped "HWA'; thence North
0410 47' ISO Wet a distance of 217.58 feet to a S/8' iron rod with a plastic cap stamped
IRWA": tl a North 6S' SS' S2" East a distance of 30:59 feet to a S!8" iron rod vhth a
plastic cap sMmpod VAH PLS.1020•; dmoe South 01. 04114' Wert a distance of 336.60 feet
to rho 'Point of Begimt W, the terminus of this description.
.IC's
Exhibit 3 of
Page -----
Ordinance