2005-1026-Order No. 2005-075 Recorded 8/30/2005DESCHUTES COUNTY CLERK
D NANCY DS Q 2445.1426
REV
COMMISSIONERS' JOURNAL 08/30/2405 04;39;28 PM
L' GAL COUNSEL IIIIIII IIIIIIIIIIIII IIIIIIII III
2003-1026
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving a Waiver of Land Use
Regulations to Authorize O. Keith Cyrus and * ORDER NO. 2005-075
Conida E. Cyrus to Use the Subject Properties as
Allowed When they Acquired the Property
WHEREAS, On November 2, 2004, the voters of the State of Oregon approved Ballot Measure 37
which added provisions to Oregon Revised Statutes (ORS) Chapter 197 to require, under certain circumstances,
payment of just compensation to landowners if a government land use regulation reduces property value. In lieu
of just compensation, Ballot Measure 37 authorizes the governing body of a local government to modify,
remove or not apply the land use regulation, and
WHEREAS, O. Keith Cyrus and Conida E. Cyrus have made a timely demand for compensation under
Measure 37 for a reduction.in value to their properties near Sisters, Oregon, indicated on the attached Exhibit
"C" due to regulations which took effect after they acquired this property, and
WHEREAS, section 8 of Measure 37 authorizes the Board, as the governing body responsible for
adoption and enforcement of County regulations, to not apply the identified land use regulation that restricts the
owner's use and reduces the value of the property in lieu of payment of compensation; and
WHEREAS, the Board has received the report and recommendation of the County Administrator as
required by DCC 14.10.090; and
WHEREAS, the Board has considered the Administrator's report and the evidence presented by the
parties at a Board meeting as required by DCC 14.10.090; and
WHEREAS, the Board makes the following findings of facts and conclusions;
1. On March 9, 2005, O. Keith Cyrus and Conida E. Cyrus filed a Measure 37 claim with the
Community Development Department.
2. Claimants' properties near Sisters, Oregon are within Deschutes County.
3. The County Administrator has recommended that the zoning regulations for the subject
properties near Sisters, Oregon that were not already in effect until after the dates indicated in
Exhibit "C" not be enforced in lieu of payment of just compensation to Claimants. The
Administrator's report is attached and incorporated by reference into this Order as Exhibit "A."
4. The Board concurs with the Administrator's report that O. Keith Cyrus and Conida E. Cyrus are
the current owners of the subject property described in Exhibit "B," having acquired them and
continuously owned it since the dates indicated in Exhibit "C."
5. The Board concurs with the Administrator's report that the current regulations, including EFU,
MUA-10, and SM, if applied to the subject property, would not permit a subdivision on these
PAGE 1 OF 4- ORDER No. 2005-075 (08/24/05)
subject properties. The current regulation is a land use regulation which is not exempt from
Measure 37 claims.
6. The Board concurs with the Administrator's report that an application for a subdivision on the
subject properties would be denied if the current zoning were applied. Therefore, such an
application to determine enforcement of the current zoning to the Claimants' properties would
be futile.
7. The Board concurs with the Administrator's Report that there is no evidence which
demonstrates that the current procedure and regulations for land division and development
applications and approval have reduced the value of the subject property.
8. The Board concurs with the Administrator's report that Claimants have not demonstrated that
domestic water, septic, and road accesses for the desired use on the subject properties are
feasible. Despite the lack of a precise amount of reduction in value, the loss of the ability to add
additional buildable lots to the subject properties would be a substantial amount of reduction in
fair market value if the regulations at the time Claimants acquired the property allowed that
development.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board hereby determines, based on these findings and conclusions and the
Administrator's report in Exhibit "A," that the Cyrus' claim is eligible under DCC 14.10.100.
Section 2. The Board hereby elects to not apply zoning and nonexempt land use regulations to the
subject properties described in Exhibit "C" in lieu of payment of just compensation under Ballot Measure 37.
Claimants are hereby authorized to use the subject property as permitted at the time they acquired the properties.
Claimants may apply for a use of the subject properties consistent with the zoning and regulations in effect at
the time they acquired the properties. That use shall be permitted if the subject property fully complies with all
regulations in effect on the dates indicated in Exhibit "C" for each of the properties. The Community
Development Director is hereby authorized to determine the effects that any other non-exempt regulations in
effect on this date would have on Claimants' proposed development differently than current non-exempt
regulations. However, the current procedural regulations for land division and development applications and
approvals, including but not limited to, setbacks, access, height, and landscaping requirements shall be applied.
Section 3. This Order is a waiver of a non-exempt County land use regulation from a property
determined to be claim eligible as defined in DCC 14.10.020(0)
Section 4. A STATE OF OREGON WAIVER MAY BE REQUIRED FOR THE DEVELOPMENT OR
USE OF THE SUBJECT PROPERTY. THIS WAIVER APPLIES ONLY TO THE LOCAL REGULATIONS
SPECIFIED ABOVE. DESCHUTES COUNTY LACKS THE AUTHORITY TO WAIVE ANY STATE
REGULATIONS OR LAWS. STATE LAWS AND REGULATIONS MAY APPLY TO THE USE OF THE
PROPERTY DESCRIBED HEREIN, AND A WAIVER OF SUCH LAWS AND REGULATIONS MUST BE
SEPARATELY OBTAINED BY THE OWNERS FROM THE STATE OF OREGON.
Section 5. This Order does not affect any land use regulations of the State of Oregon. If the use allowed
by Section 2, above, remains prohibited by a State of Oregon land use regulation, the Planning Director shall
send notice of the Board's decision to the Director of the Department of Land Conservation and Development.
The notice shall include a statement that the County will not accept an application for a building permit related
to the newly allowed use on the property until the earlier of the following events: (i) notice by the Department of
Land Conservation and Development that it concurs with the Board's decision, or (ii) a date 180 days from
PAGE 2 OF 4- ORDER NO. 2005-075 (08/24/05)
issuance of the Board's decision where no response is made to the notice by the Department of Land
Conservation and Development.
Section 6. This Order shall be recorded in the Deschutes County Deed Records together with portions
from the deed or other instrument in Exhibits A, B, and C sufficient to identify the subject property for
recording purposes.
DATED this ( day of August, 2005.
ATTEST:
/=ecordingSe(:L
etary
BOARD OF COUNTY COM SSIONERS
OF DESCHUT S CO TY, GON
TOM EWOLF, Chair
MICHAEL ALY, Commissioner
D IS R. LUKE, Commissioner
PAGE 3 OF 3- ORDER No. 2005-075 (08/24/05)
Deschutes County Department of Administrative Services
1300 NW Wall St., Ste. 200, Bend, OR 97701-1947
(541) 388-6570 Fax (541) 385-3202 - www.deschutes.org
TO: Board of County Commissioners DATE: August 24, 2005
From: Michael A. Maier, County Administrator
RE: Measure 37 Claim - O. Keith Cyrus and Conida E. Cyrus
Properties near Sisters, Oregon
Introduction
The County processed the initial Measure 37 claims using its brief claim form, evaluating the initial
submission, asking that the Claimant furnish more evidence to complete or clarify the claim, and
preparing this report and recommendation under DCC 14.10, the Measure 37 ordinance. The County's
claims process recognizes that less precise evidence of value may be sufficient to evaluate claims, since
there are currently no County funds available for payment of compensation. Also, the ordinance provides
further opportunities for affected neighbors to present evidence and testimony at the Board meeting when
these claims are considered.
This report and recommendation is intended to be a summary and evaluation of evidence in the record.
The report may be attached to the Board's Order which decides Measure 37 claims, as a factual basis for
the Order. Any factual changes or additions to this report from testimony or other evidence can be made
part of the Board's Order. Claimant and affected parties have the opportunity to rebut this Report and
provide additional relevant evidence to the Board. Also, under the County's process, Claimant must
provide evidence that the desired use of the property, which may be allowed by a waiver of County
regulations are feasible, i.e., not prevented by physical, utility or other development limitations of the site.
Report and Recommendation - DCC 14.10.090
This is my report and recommendation on this Measure 37 claim received on March 9, 2005 when
Measure 37 was in lawful effect. Claimant has paid the filing fee and the County's official demand form
has been submitted. The properties are a series of 10 parcels (see attached). The current zoning is
Exclusive Farm Use. The Claimants' desired use is to develop a subdivision about 157 acres into 5 acre
Page 1 of 6 - Exhibit A - Order No. 2005-075
lots at 17198 and 17204 Highway 126. Claimants allege a reduction in value of $2,500,000.00 due to the
inability to subdivide to 5 acre homesites under current zoning. Another subdivision of 198.8 acres in 2
tax lots at 16580 Jordan Road are alleged at $21,000,000 reduction in value. Three more tax lots of about
179 acres at 17198 and 17204 Highway 126 are alleged at $2,500,000.00 reduction in value. The
following is an analysis of the evidence in the record on the elements of this Measure 37 claim.
Current Owner - O. Keith Cyrus and Conida E. Cyrus
Claimant presented copies of deeds alleging that the subject properties in long time family member
ownership. O. Keith Cyrus and Conida E. Cyrus have submitted the claim with their dates of acquisition
indicated on Exhibit "C" of the proposed Order, attached.
Owners' Dates of Acauisition - See Exhibit "C" of the proposed Order
The dates of acquisition by the present owners are the relevant date for Board consideration of waivers
under section (8) of Measure 37. The compensation section of Measure 37, section (6), uses the
acquisition date of a family member to determine the extent of reduction in value for compensation. Since
the County has no funds budgeted for payment of compensation, waivers that are issued by the County
are limited by section (8) of Measure 37 to County land use regulations that were adopted after the later
acquisition date of the current owner. If a waiver is granted as to County land use regulations which were
adopted after the current owner's acquisition date, no compensation is due, even if the prior family
member held the property for many years. While this may seem inconsistent, the measure was, evidently,
written to encourage waivers of local and state land use regulations.
The Claimants acquired an interest in each of the subject properties on the dates indicated in Exhibit "C"
of the proposed Order.
Restrictive Regulation - EFU zoning.
Under the terms of the ordinance, the Claimant must identify County land use regulations that prevent the
Claimant from using the property in a way that he or she otherwise could have used the property at the
time the property was acquired. The Claimant must also show that these identified regulations cause a
loss of property value.
Page 2 of 6 - Exhibit A - Order No. 2005-075
The Claimants have identified EFU zoning as the land use regulation restricting the desired use of 22 lot
subdivision. This actual zoning is a County land use regulation, which is subject to Measure 37 claims.
Non-exempt regulations will not be applied. Public safety regulations or other regulations exempt under
subsection (3) E of the Measure cannot be waived.
Enforcement of County Regulation - DCC 14.10.040(6)
Measure 37 requires that an ordinance which restricts the current owner's use be "enforced" against
them. There is no evidence that any of these Claimants have applied for a land division of the property
resulting in the current zoning being enforced on the subject property. Claimants have alleged that
submitting an application for such a land division under current zoning would be futile. This Report
confirms that such an application for the desired subdivision use of the scale submitted with the claim
would violate the current zoning and be denied. Therefore, the intent of DCC 14.10.040(G) has been met
for this claim.
Reduction in Value - $26,000,000.00 alleged
The ordinance requires that the Claimants provide evidence of the amount of the claim in alleged
reduction in the fair market value of the property resulting from the enforcement of the County's land use
regulation.
• Claimants have submitted no evidence of the reduction in value of this property by the application
of the current EFU zoning.
• Claimant has submitted no evidence that domestic water is available.
• Claimants have submitted no evidence that septic approval is feasible in the area.
• Claimants have submitted no evidence about the feasibility of access from public roads and for
the desired use.
• Claimants have not submitted an appraisal or other evidence of a reduction in value.
• Assuming Claimant could obtain a subdivision of the property, but not under current EFU zoning
restrictions, the value of Claimant's property for Measure 37 purposes would be substantially
reduced.
Page 3 of 6 - Exhibit A - Order No. 2005-075
Neighbor Opposition - William Boyer
1. Inconsistent and incomplete evidence for a decision was cited before a large submission August
9, 2005 by Claimants.
2. A separate claim for each "legal lot of record" is not required by Measure 37 or County ordinance.
Any waiver will be limited to the most recent acquisition date by the Claimants as present owners of each
parcel.
3. The claim form does not identify the regulations which restrict the present owners' use. However,
the County material with the claim indicates EFU zoning on the properties which do restrict the Claimants'
proposed development. The County has noted that any waiver of zoning which restricts the ability to
development of additional dwellings results in a reduction of value even if the precise amount is not
proven.
4. The proposed development is not approved even if this Measure 37 claim results in a waiver of
current land use regulations. The actual density of development allowed by application of Measure 37
exempt public health and safety issues, like traffic, septic, and water wells occurs when a subdivision
application is submitted.
5. Even if this claim has inadequate analysis of valuation of the property for a claim of
compensation, the County has no funds for compensation and evidence of reduction in value for
purposes of a waiver of land use regulations in lieu of compensation need not be precise to qualify for a
waiver.
6. There is no evidence of feasibility for water, septic, and traffic for the proposed development.
7. The County ordinance does not require an actual land use application denial for a Measure 37
claim where the County agrees that such an application would be feasible.
8. See 4. and 5. above.
9. The County does not determine that Measure 37 is unconstitutional.
10. The State, not the County, applies or waives State land use laws for purposes of a Measure 37
waiver.
11. See 10. above.
12. See 4. and 5. above.
Page 4 of 6 - Exhibit A - Order No. 2005-075
Effect of County Waiver - Measure 37 clearly allows the County to waive its non exempt land use
regulations only back to the date the current owners, not family members, acquired the property:
"(8) Notwithstanding any other state statute or the availability of funds under
subsection (10) of this act, in lieu of payment of just compensation under this act,
the governing body responsible for enacting the land use regulation may modify,
remove, or not to apply the land use regulation or land use regulations to allow
the property owner to use the property for a use permitted at the time the owner
acquired the property, (emphasis added)
11(c) "Owner" is the present owner of the property, or any interest therein. "
In this case, the present owners have continuously owned an interest in each of the properties from the
dates shown in Exhibit "C" of the proposed Order.
A Claimant who receives a waiver must use the current process to seek the needed development permits
based on the zoning in place at the time the present owners acquired the property. Except in a rare case,
the current procedural requirements for handling permits are not regulations that reduce value. There is
no evidence in this case indicating such a reduction in value. Therefore, the County's procedural
regulations are not waived.
State Claim
Department of Land Conservation and Development ("DLCD") Draft Staff Reports on this claim
were issued on August 15, 2005. In three reports, DLCD finds that this claim is valid for 4 tax lots at
17198 and 17204 Highway 126. Tax lots 500 and 701, about 157 acres, acuired in 1973 (Report A).
However, the staff report recommends denial of the claim as to tax lots 501 and 702 for insufficient
evidence of that State regulation restricted to the use of those properties. In Report B, two tax lots at
16580 Jordan Road acquired in 1965 and 1974 respectively were found to be valid claims. In Report C,
three more tax lots of 179 cares at 17198 and 17204 Highway 126 were found to be valid claims.
Conclusion and Recommendation
The present owners of the property have submitted a claim pursuant to Measure 37 which demonstrates
eligibility for its use of the subject property based on nonexempt land use regulations in effect on the
Page 5 of 6 - Exhibit A - Order No. 2005-075
dates they acquired an interest in each of the subject properties. There seems to have been no zoning of
several of the subject properties at that time. Therefore, the desired use of a 22 lot subdivisions not
violate regulations exempt from Measure 37, such as public safety regulations, may be a allowed under
the regulations in effect at the time of acquisition for some of the properties..
My recommendation is that the Board approve a waiver in the form of Order attached. This Order would
have the effect of waiving the non-exempt County land use regulations that were not in effect until after
the dates of acquisition of each property, to allow the present owners to use each subject property in a
manner permitted at the time they acquired the property. In essence, the County would not apply any
land use regulations to the Claimants' property which were not in effect when the Claimants acquired the
property unless they are exempt from a Measure 37 waiver under subsection (3)E of the Measure. This
waiver is not a development permit. Claimants must apply for development of any use that the regulations
in effect on the date of acquisition of each property would allow.
Page 6 of 6 - Exhibit A - Order No. 2005-075
EXHIBIT B
15-10-12-100
Alissing
.15-10-12-500
IN TOWNSHIP 15 SOUTn, RANGE 10 EAST OF THE MIUMETTE 14ERIDIAN,.Deechutes; County.
State of oregonz section 12: the west 1/2 of the Southwest 1/4 ~ .
TOGFimrR with a 3n r:xrt roadway easement along the westerly boundai of the west
1/2 of the Northwest 1/4r I .
15-10-12-700 (Sec Mike Berry's note: Legal Desc► iption also describes 15-10-13710
The north halt of section 13; south hall of the southeast ouarter and northwest
cuarter of the southeast ouarter of section 12, all in township 15 south, range 1C
Lb.Y., EXCEPTING THEWRCH a rortion of the SWI.-NAW of section 13 described as
follows:
?eginn?nF at a Point on the section line between sections 13 and lh, sout!: t•?=•
Vi" east 15F1.P5 feet Prow. the northwest corner of section 13, ana rc:inina ho nro
rou:h ^°?pwi::" east 361.; feet; thence soutkQ•hetQ_-" pas,. 361.5 feet; thence
tiorth C03F'5h" west 361.= feet to the south side of the Jordan Roads thence port'-
57•!$I 51," crest 362.5 feet alonr t1he scuth side of Jordan pond to U* roint of
t*ninming.
£;i-,%JE1CT iC: Easements and rights Of way of record.
Document Reproduces Poorly.
(Archived)
Order No. 2005-075; Cyrus EXHIBIT- -PAGE_,~~
15-10-01-400
A portion of the REkSE, of Section 1, Tp'
S. R.10E.A.K.'. anal describedas foll
ows~'
.
-
Beginning a a point on theas-4-ine;~
on .
~
of To. 15 5 R 10 E:k:M ' 2I014ft:'moz
h
Southeast corner of the hxSEk'"~bSect o
running thence N87°27-?SZ $ .
S 81653'28' 0
02 ` SD2 -Sol, eri '
enC ,
,
Z1 S. 7.0 f t fUence`~ S B903 X93 .
to a:poin't5.61 :thc resL:aine of . N)±1kS
Section 1, -xh1ch pointy=as *1Q.U.
th
Sh'
r
h
6 U
N
e
corne
; t
ence .
fl.
the Horifiwes. ccrner;henc
ft. to the -k: s ection corner* hens S (1n.
1108.48' ft. slorg the East c t 6 1A
point of beginning anducontaib
.
TOGETHER'NITI3 ,10 acres "`of
through Squaw creek, IrtigaLo stem'
,
15-11-06-1500 / 15-11-06-1600
Lots Four (4), Five (s), six (6), and SeveN (7) in Sectltn
Six (6), Township Fifteen (15) South, Range Eleven (11) East
of the Willamette Meridian,
Together with-80 acres appurtenant water rights with a date
of relative priority of 1887 and 46.5 acres flood water
rights dated 1903, both delivered through the Squaw Creek
Irrigation District water system by Squaw Creek Irrigation
Company in accordance with and subject to the terms of that
agreement dated January 2, 1940 between Squaw Creek
Irrigation District and the Cloverdale ditch water users as
recorded in Miscellaneous records of Deschutes County,
Oregon, in Book 6, pages 53, 54, 55, and 56.
Together with an undivided one-half interest in the existing
well located in the Southeast Quarter, Southeast Quarter,
Northeast Quarter, Northeast Quarter, Southeast Quarter to
the Westerly boundary of the Northwest Quarter of the
Southwest Quarter of Section 6, Township 15 South, Range 11
for the purpose of maintaining the existing pipeline for
delivery of domestic water to said Northwest Quarter of the
Southwest Quarter--oft -Section-6; Townah-i) 15•-South, • Range il,,-
p EWM, and together aith.anp and all interest in an irrigation ditch
initial ~s~o~metimes called the Cloverdale Ditch, more partichrly described on Exhibit
ATMTF.f!T ,gxached hereto.
Document Reproduces P004
(Archived)
Order No. 2005-075; Cyrus EXHIBIT PAGE _ 2___
IC
15-10-13-500
A tract of land lying partly in the East Halt of the Southwest Quarter (EI12 SWI/41
of Section Thirteen (13) and partly in the Northwest Quarter of the Southeast Quar-
ter (NW1/4 S£1/4) of Section Thirteen (13). Township Fifteen (15) South. Range
Ten (10) East of the Willamette Meridian. and described as follows:
Beginning at the center of Section Thirteen (13) of Township Fifteen (15) South.
Range Ten (10) East of the Willamette Meridian. and running thence South 890
28' West 610 feet; thence South 410 42' East 215 feet; thence South 260 51' East
278 feet; thence South 140 54' East 244 feet; thence South 10 25' West 161 feet;
thence South 180 13' West 466 feet; thence South 390 54' West 204 feet; thence
South 220 45' East 51 feet; thence North 60o 00' East 132 feet; thence North
350 02' East 396 feet; thence North 310 44' East 458 feet; thence North 290 08'
East 403 feet; thence North 8o 48' East 327 feet; thence South 890 28' West 293
feet to the center of Section Thirteen (13). which was the point of beginning; and
containing 12.7 acres, nnore or less.
To So- and to Sold do above doeaibed and tranW premises unto the ..:d `ranin_ r h1s
15-10-13-501
'"M own no
Mwr...a a.r.ma~wswaw~o
r. IpptwMrktieU,pwro ,tif,~ on" in M. at $*sc ut*s SQ Sr.ta of Oft&k an a'O.d «so an
A asall tract of land is the East 1131f of the Southwest Quarter (iSh'%)
-Of 5ectlon 13, Township 15 Southc ltattgt 10 East' of the Willamette Heridian,
and :described as follow; : Rt~ i Sennitttt~~• at a point South 111.06 feet and West
300.63 feet frcp the ceater:of rt3oa 33. Township 15 South, Range 10:East.
s * 't" a&d runalat xhetica• South 13* 13' nest 466.0 feet;. Thence South
S4' pert :04.0 feet =Theace South :;0 43•:
be 00" !fast 13:.0 feet:; Theace North 3: t' 0: • East 396.0 feet;-Tb '
North 310 444 East :79,6 feet; Theace Xorth SP 3S• West 231:65 feet to
the-point of beginuing,'roAtaiaing acres. sere or lzss.
Document Reproduces Poorly
(Archived)
15-1043-701
P3AM 1s h tseot of land located is O~aohntea Quartw count 4oartar of the foodveft (U-1/4 81-~'1/4vreme ) o f ~1oI% ft the
lhirtem (12). Townsup liftem (ls) souft ~ of of. IFUI. latte 1laridian, and as follcvaal T~ (10~, East os chi .
2-4uniag at a point on tLe East and West Caster JLIW of "atioa 23,
13 Dosch, X=V* 10, N.M.M., tooth $90 20I west, $19.0 feet ft m the conUnmea
ger
Of section 130 acid point bal" the EortbMV! Corner Of that tract of land
granted to O. ltaith Gros, in lrarrantr Owd, rnoorOW in back 127, Page 33
Deed E.o+dav sad rts~nniag tbeaoe Bouts 41. 420 East# 215.0 feet] ~ •
south 260 51 Bast* 270.0 feet: tbeaoa soutD 14 51 East, 244.0 feet:
tbsnoe south 1 25 hest 162.0 feet: tbeacr north 790 449 200' 11r~t 223.5
feet tbowe Xorth 39 119 300 west, 314.5 feet# tbanos Worth 130 299 400
Order No. 2005-075; Cyrus
EXHIBIT
PAGE
3-
j
15-10-13-702
The North Welf of the South salt 01/2 61/2) sad that portico of the South
salt of the South WE 1sl/2 61/7) lying Northerly of Squaw Creek Cansl. 09
Section Tbirtten (il). Township fifteen (1$) South, Range Tea 130). Seat of
the willosette n.ridian. Deschutes County. Oregon. SICROT that portion of the
Northeast Quortar of the Northeast Quarter Southeast Quarter (Mtl/4 1161/4
SUM described as follows
Commencing at a point which is the Intersection of the North right of way lino
of the Jordan Road with the Salt line of the southeast Quarter (Sts/4) of said
sectiem 11, which Is the point of beginnings thence Northerly along said Bast
line of said SS1/4 a distance of 110 tests thence westerly along a line
perpendicular to said fast line of said Sal/4, a distance at 430 toot, to an
intersection of a point on the North right of way line of the Jordan Roads
thence Southeasterly along said right of way of the Jordan Road to the point
of hegioniags
U-90 R%CSPTINO, beginning at the center of said Section 12, sad running theses
south 61.201 west, 910 toot along the North line of the South salt (sl/2) of
said Section 331 thence South 41.421 Bast. 215 feet: theace South 290$1' But
279 foots thence-South 34-541 Best, 290 feet: thence South 1.2$- seat. 191
foot; thence South 16.131 west. 499 tests thence South 39•$41 seat, 104 tests
thence South 23-4$' seat, 91 foots thence North 90.001 Beat, 111 feet; theme
North 15.02' But. 194 foot; themes North 110441 But. 450 foots theme North
29*001 Bast, 005 toots thence North 0-491 Bast. 127 tact; thence South 01029,
west 291 toot to the center of said section 33 which was the point of
beglamiag.
ALSO SXCBPTI110. cw.menclmg at a point which to the Intersection of the sastb
right of way line of Jordan Road with But line of the 8311e of Section 11.
which Is the point of beglnniags thence Southerly along said Beat line at said
SRI/4, a distance of 494.1 toots thence westerly along a list pospesalculor to
said last line of said S2114, a diatoms of 466.7 toots thence Northerly along
a line parallel to said Bast line of sald SBI/4 to the South right of way line
of Jordan Roads theme southeasterly along said South right of way line of
said red to the point of begianings
ALSO 5xC11MW a tract of land to the Nest Malt of the Southwest Qwtter
(611/2 Sul14) of Section 13. Township fifteen (15) South. Range Ten (10). But
of the willonett* meridian, Deschutes County, Oregon- and described as
follows
beginning at the corner of section Thirteen (13). Fourteen 4141..Tweny-three
4231 and Tvemy-tout (24) of Township fifteen (161 South. Range Ten 110), But
of the wlllammtte meridian. Deschutes County, Oregon, said sunning thence North
0•$6•).- Seat. 1,717.34 tact along the Section line between Station 3) and 141
theme North 69.10.20• Bast. 90.0 toots thence South 79401.100 Boot. 17$.0
Costs theme South 71-4140• Seat. 169.0 toots theme South 9$•51• nut. 175.0
lost# thence South 91.14.201 lost, 429.0 foots thence South 39-39.20• Beet.
470.0 tact to a large Juniper taw an the North right of way line of the Squaw
Creek Consls thence along the worth right of way line of the squaw Crook Caner
North 71.11; seat. 216.0 foots thence North 634301 West. 300.0 toots theme
North 61 00 seat. 129.0 foots thence South $6.59• Nest 212.0 toots theme
leaving the canal right of way line and running theme south 0•$o- west,
1.132.0 feet to the South line of Section 13o these Month 644$41 west. 371.4
loot along the South line of Section 13 to the point of beginning, and
RXCSPTIM 73MUrV4p the right of way of the present Squaw Croak Cassel as am
located over and across sand land.
fUA7Tltit ixCSprlMa a tract of land located in Deschutes Comfy. Oregon, In the
Northeast Wester of the Southwest Quarter 031/4 ow1141 of Section Thirtooa
4131. Township fitteen (15) South, Range Tea (l0). Beat of the NSllamotto
Meridian. Deschutes County. Orag@6 described as follows
beginning at a point on the whet and west Csnt*r It" of Section 13. Township
15 South, Range 10. B.w.N.. South 19-201 Nest, 419.0 tut Iron the center of
section 13. .said point being the Northwest corner of that tract of load
granted to O. Selth Cyrus, In Warranty Deed recorded-In book 1". Page 33.
]eil• Sast. .27rn0 running theme o 141042 Bast. sa25.9 f1 e s chance south
a
1-2$- wet. 161.0 toots there North 1 st~ theme South
North
3.211381 not. 314.9 foots t *0 nut. ' 1323 teens the w hence North IS if tf 40 Vast' 0.0 teet# these
North 32.111120• West. 272.30 tact to a point on the Nook line of the
Northeast Quarter of the Southwest Quater (MBl/4 57(1/4) of Section 338 theme
North 69.20, Bast. 120.00 toot along said North line to the pout *I
beginning.
Document Reproduces Poorly
(Archived)
Order No. 2005-075; Cyrus
EXHIBIT 3 PAGE
EXHIBIT "C"
0. Keith Cyrus and Conida Cyrus Properties and Acquisition Dates
Tax Lot
Current Zoning
Acquisition Date
15-10-13
100
EFU SM
February 1, 1965
15-10-12
500
EFU
July 1, 1974
15-10-12
700
EFU
February 12, 1965
15-10-1
400
EFU
June 1, 1974
15-11-6
1500
EFU
May 15, 1972
15-11-6
600
EFU
May 15, 1972
15-10-13
500
EFU
January 24, 1961
15-10-13
501
EFU MUA-10
June 28, 1976
15-10-13
701
EFU
April 1, 1973
15-10-13
702
MUA
June 28, 1976
Page 1 of 1 - Exhibit "C" - Order No. 2005-075