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2006-839-Ordinance No. 2006-019 Recorded 8/23/2006REVIEWED - 4-L LEGAL COUNSEL REVIEWED 664-1-~ CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL ~t~ l ll III -8 CLRECOR ERKDS V 1006.839 08/23/2006 04;04;21 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 20, Redmond Urban Growth Area Zoning, of the Deschutes County Code, * ORDINANCE NO. 2006-019 Declaring an Emergency and Setting an Effective Date 30 Days From Adoption. WHEREAS, Deschutes County Ordinance 2006-018 amending the Deschutes County Comprehensive Plan in Deschutes County Code ("DCC") Title 23 to allow for the expansion of the City of Redmond's Urban Growth Boundary ("UGB"), and WHEREAS, amendments to DCC Title 20, Redmond Urban Growth Area Zoning Ordinance are necessary to implement the changes to DCC Title 23, and WHEREAS, the changes to DCC Title 20 are numerous necessitating the repeal of the entire chapter and complete adoption of a new DCC Title 20; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. REPEAL. DCC Title 20, is repealed. Section 2. ADOPT. DCC Title 20, is added to read as described in Exhibit "A", attached hereto and by this reference incorporated herein. Section 3. ADOPT. DCC Chapter 20.040.050, legal description for the new Redmond Urban Growth Boundary attached herein as Exhibit "B". Section 4. ADOPT. DCC Chapter 20.08.020, Redmond Urban Growth Area Zoning map is amended, designating the new UGB and URA boundaries and adopting a plan designation for the unincorporated UGB lands as "Urban Holding Area" as shown in Exhibit "C", attached hereto and by this reference incorporated herein. Section 5. FINDINGS. The Board of Commissioners adopts as it findings in support of this amendment the Findings dated August 1, 2006, identified as Exhibit "E" to Ordinance 2006-018, incorporated by reference herein. 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. PAGE 1 OF 2 - ORDINANCE NO. 2006-019 (08/23/2006) DATED this 2-~ day of (,6t 2006. -Ili- -t BOARD OF COUNTY COMMISSIONERS OF DESCHUTF OUNTY, OREGON R. L BEV CLARNO, Commissioner Date of 1" Reading: Date of 2°d Reading: Recc Commissioner Dennis R. Luke Bev Clarno Michael M. Daly day of , 2006. day of , 2006. Ord of Adoption Vote Yes No Abstained Excused Effective date: day of 2006. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2006-019 (08/23/2006) EXHIBIT "A" Title 20. REDMOND URBAN AREA ZONING ORDINANCE Chapter 20.04. INTRODUCTORY PROVISIONS Chapter 20.08. ESTABLISHMENT OF ZONES AND DISTRICTS Chapter 20.12. URBAN HOLDING ZONE Chapter 20.16. SUPPLEMENTARY PROVISIONS Chapter 20.20. EXCEPTIONS Chapter 20.24. CONDITIONAL USES Chapter 20.28. NONCONFORMING USES Chapter 20.32. VARIANCES Chapter 20.36. AMENDMENTS Chapter 20.40. GENERAL PROVISIONS PAGE 1 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.04. INTRODUCTORY PROVISIONS 20.04.010. Title. 20.04.020. Findings and declaration. 20.04.030. Purpose. 20.04.040. Administrative terminology and construction. 20.04.050. Definitions. 20.04.060. Compliance with provisions of this title. 20.04.070. Zoning permit. 20.04.080. Abrogation and greater restrictions. 20.04.090. Interpretation. 20.04.100. Repeal of ordinances as affecting existing liabilities. 20.04.110. Existing agreement and zoning permits. 20.04.120. Authorization of similar uses. 20.04.010. Title. This title shall be known as DCC Title 20 the Redmond Urban Area Zoning Ordinance. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.04.020. Findings and declaration. It is hereby found and declared that each use of land has its own particular influence on other land uses and on the city of which it is a part and indirectly on areas outside of the city. This influence can be detrimental when land uses are uncontrolled, improperly placed, unduly concentrated or prematurely developed. Zoning is one of the tools available for putting the Comprehensive Plan into effect in an orderly manner and for assuring the optimum relationships between the various land uses, between the groups of uses herein created or between private uses and the public interest. DCC Title 20 has been created after full consideration of protecting lands in the Redmond urban unincorporated area for future urban development. Regulations contained in DCC Title 20 are necessary to accomplish the purposes set forth below. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.04.030. Purpose. DCC Title 20 is adopted for the purpose of promoting the health, safety, peace, comfort, convenience, economic well-being and general welfare of the Redmond Urban Area and not limited to, but specifically to achieve the following designated objectives. A. To protect the present and existing character and values of land and buildings in the UH- 10 zone until such land is ready to be developed for urban uses and is annexed into the City: 1. Preventing the intrusion of inharmonious uses or uses that may impede the conversion of land to urban use. 2. Preventing the encroachment on desirable open space and natural features. 3. Providing and planning for the safe and efficient movement of existing and future traffic. 4. Assuring the planning for and provision of necessary public facilities prior to conversion to urban uses. B. To provide for additional growth and development in a manner appropriate to the character of the Redmond Urban Area and which will contribute to the economic stability of said area and strengthen the basis of its private and governmental economy. C. To assure that future development occurs in an orderly manner to provide for economy and efficiency in public services and utilities and to protect the public from costs which may be incurred when unsuitable, scattered or premature development occurs. D. To minimize traffic hazards, traffic congestion and the conflict between land uses and the movement of traffic. E. To regulate the placement, height and bulk of buildings. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 83-040 § 1, 1983; Ord. 80-201, 1980) 20.04.040. Administrative construction. Construction. Words used in the present tense include the future tense. Words used in the singular include the plural and words used in the PAGE 2 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" plural include the singular. The word "shall" is mandatory and the word "may" is permissive. The masculine shall include the feminine and the neuter. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-228 § 1, 1980; Ord. 80-201, 1980) 20.04.050. Definitions. For the purposes of DCC Title 20, unless otherwise apparent from the context, the words and phrases used in this title are defined as set forth in DCC 20.04.050. "Bed and breakfast inn" means a single-family dwelling unit where lodging and meals are provided for compensation, in which no more than three guest rooms are provided for no more than eight guests. A guest shall not rent for a time period longer than 30 consecutive days. "Board" means the Board of County Commissioners of Deschutes County. "Building" means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. "Abut" means contiguous to; for example, two lots with a common property line. Abut does not apply to buildings, uses or properties separated by public right of way, rivers or canals. "Access" means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave property. "Accessory use or structure" means a use or structure incidental and subordinate to the main use of residential property and located on the same lot as the main use. Accessory uses include a pergola greenhouse, hothouse, swimming pool, enclosed patio, woodshed and quarters for domestic animals maintained as part of the residence. A home occupation is also an accessory use. "Alley" means a street 20 feet in width which affords only a secondary means of access to property. "Alter" means a change, addition or modification in construction or occupancy of a building or a structure. "Arterial" means a street of considerable continuity which is primarily a traffic artery for intercommunication among large areas and so designated by the County and City Transportation System Plan. "Assessor" means the Deschutes County Assessor. "Building site" includes the word "lot" and the word "plot." "Building height" means the vertical distance measured between the average level of the finished ground surface adjacent to the building and the uppermost point of the building excluding only those features which may exceed the district height limits. "City" means the City of Redmond, Oregon. "City Council" means the City of Redmond City Council. "Collector" means a street supplementary to the arterial street system and a means of intercommunication between this system and small areas, used to some extent for through traffic and to some extent for access to abutting properties and so designated by the County and City Transportation System Plan. "Comprehensive Plan" means the Redmond Urban Area Comprehensive Plan. "Conforming" means in compliance with the regulations of the applicable zone designation. "County" means Deschutes County. "County Clerk" means the Deschutes County Clerk. "Cross-section" means a profile of the ground surface perpendicular to the centerline of a street, stream or valley bottom. PAGE 3 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" "Cul-de-sac" (dead end street) means a short street having one end open to traffic and being terminated by a vehicle turnaround. "Director" means the City's Community Development Director. "Dwelling" means a building or part thereof designed for and/or used for residential occupancy and containing one or more dwelling units. "Dwelling, duplex or two-family" means a detached building containing two dwelling units. "Dwelling, single-family" means a detached building containing one dwelling unit and designed for occupancy by one family only, excluding a manufactured home. "Dwelling unit" means one or more rooms constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease and physically separated from any other room or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities. "Easement" means a grant of the right to use a parcel of land or portion thereof for specific purposes where ownership of the land or portion thereof is not transferred. "Erected" means to fix in an upright position or to cause to stand up or stand out including by the fitting together of material. Erected also includes "constructed," reconstructed," "altered," "placed" or "moved." "Existing" means existing at the time of application. "Family" means an individual or two or more persons related by blood, marriage, legal adoption or legal guardianship, living together as one housekeeping unit using one kitchen and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen. "Farm use" means the employment of land including that portion of such lands under buildings supporting accepted fanning practices for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the product of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. Farm use includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. It does not include the use of land subject to the provision of ORS 321, except land used exclusively for growing cultured Christmas trees, or to the construction and use of dwellings customarily provided in conjunction with the farm use. As used in this definition and DCC Title 20, "accepted fanning practice" means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money and customarily utilized in conjunction with farm use. "Framework Plan " means a plan adopted by the City that is a conceptual guide for future land uses in the urban reserve area and areas within the Urban Growth Boundary designated Urban Holding Area on the Comprehensive Plan map. The Framework Plan is not parcel-specific and is intended to provide general guidance as to community form and design. "Frontage" means all property fronting on one side of a street and measured along the street line, between intersecting streets or between a street and a right of way, waterway, or end of a dead end of city boundary. "Future arterial" means a future arterial identified on the County Transportation System Plan. "Future collector" means a future collector identified on the County Transportation System Plans. "Grade" (ground level) means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, alley or other public way, PAGE 4 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" the above-ground level should be measured at the elevation of the sidewalk, alley or public way. "Hearings Body" means the Director, the Planning Commission, a Hearings Officer, the City Council or the Board. "Hearing, Initial" means the first hearing authorized and conducted by the City's Planning Commission or the Hearings Officer. "Kennel" means a lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation, training or sale. "Landscape or landscaping" means to improve by landscape architecture or gardening. "Land use" also includes "building use" and "use of building." "Hearings Officer" means a planning and zoning hearings officer appointed or designated by the City Council pursuant to ORS 227.165. "Height of buildings" means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof or the center height between the highest and lowest points on other types of roofs. "Home occupation" means any lawful occupation carried on by a resident of a dwelling as an accessory use within the same dwelling or in an accessory building on the same or adjacent property with limited retail sales or sales accessory to service. "Horse stables" means structures, including indoor and outdoor riding arenas, for the stabling or training of horses and other facilities normally associated with such uses. "Horse stable, commercial" means stables for the boarding and/or keeping of horses and the training of horses that are not non-commercial riding stables as defined in DCC Title 20. "Horse stable, noncommercial" means a detached accessory structure for the stabling or training of horses owned by the landowner or a single lessee of the stable facility for personal use. May also include the incidental boarding or keeping of up to five horses owned by persons not the owner or lessee of the horse stable for their personal use. "Joint Management Agreement" means the agreement between Deschutes County and the City of Redmond for the joint management of the Redmond Unincorporated Growth Area and the Redmond Urban Reserve Area. "Local street" means a street intended primarily for access to abutting properties. "Lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards as are herein required. Such lot shall have frontage on a public street or easement approved by the Planning. Commission or the Board. A lot may be: A. A single lot of record; B. A combination of complete lots of record or complete lots of record and portions of lots of record; or C. A parcel of land described by metes and bounds, provided that in case of division, there shall have been approval given to said division by the board under the conditions set forth in the subdivision ordinance. "Lot area" means the total horizontal area within the lot lines of a lot, exclusive of streets and easements of access to other property. "Lot, corner" means a lot abutting on two or more streets, other than an alley, at their intersection. A lot abutting on a curved street or street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. "Lot coverage" means the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street other than an alley shall be PAGE 5 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" considered frontage and yards shall be provided as indicated under "Yards" in DCC 20.04.050. A. A lot in an existing, duly recorded subdivision; "Lot, interior" means a lot other than a corner lot with only one frontage on a street. "Lot line" means the property line bounding a lot. "Lot line, front" means for an interior lot, the lot line abutting a street other than an alley; for a corner lot, a lot line abutting either street other than an alley; and in the case of a corner lot, the Director shall determine the front lot line. The determination shall be made to provide the necessary public safety and shall be based on street classifications, house and driveway orientation, lot dimensions and adjacent property use. "Lot line, rear" means the lot line or lines opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. "Lot line, side" means any lot line or lines not a front or rear lot line. An interior side lot line is a lot line common to more than one lot or to the lot and an alley. An exterior side lot line is a lot line common to the lot and a street other than an alley. "Lot measurements" means: A. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. B. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of a cul-de-sac where the 80 percent requirement shall not apply. "Lot of record" means any unit of land created as follows: B. A parcel in an existing, duly recorded major or minor land partition; C. An existing unit of land for which a survey has been duly filed which conformed to all applicable regulations at the time of filing; or D. Any unit of land created by deed description or metes and bounds provided, however, contiguous units of land created by deed description or metes and bounds under the same ownership and not conforming to the minimum parcel size of the ordinance shall be considered one lot of record. "Manufactured home" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, and that is being used for residential purposes. It does not include any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer. "Medical hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. As used in DCC 20.12.030(D), the term "relative" means grandparent, grandchild, parent, child, brother or sister of the existing resident. "Municipal utility" means a utility identified on an approved City municipal public facility master plan. "Nonconforming structure or use" means a lawfully existing structure or use at the time DCC Title 20 or any amendment thereof becomes effective which does not conform to the requirements of the zone in which it is located. "Non-municipal utility" means a utility not identified on an approved City municipal public facility master plan. "Open space" means lands used for agricultural or other open space uses and any land area that would, if preserved and continued in its present PAGE 6 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" use; conserve and enhance natural or scenic resources; protect air or streams or water supply; conserve landscaped areas, such as public or private golf courses that reduce pollution and enhance the value of abutting or neighboring property; enhance the value to the public of abutting or neighboring parks or other open space; enhance recreation opportunities; preserve historic, geological and archeological opportunities; preserve historic, geological and archeological sites; promote orderly urban development; and minimize land use conflicts. "Owner" means the owner of the title to real property or the authorized agent thereof, or the contract purchaser of real property of record as shown on the last available complete tax assessment roll or County Clerk's records. "Parcel" means a unit of land that is created by a partitioning of land. "Public use" means a structure or use intended or used for a public purpose by a city, a school district, the county, the state or by any other public agency, not including a public utility facility. "Recreational vehicle" means temporary living quarters for recreational, camping, or travel use, which has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles include travel trailer, camping trailer, truck camper, and motor home. "Redmond Urban Area" means the territory within the Redmond Urban Growth Boundary but outside the boundaries of the City. "Redmond Urban Growth Boundary" means the legal description cited in Ordinance 2006-018, Exhibit B. "Parking space" means a clear, off-street area for the temporary parking or storage of one automobile, having all-weather surface of an average width not less than 8.5 feet and an average length of not less than 18 feet and not be less than 8.5 feet in height when within a building or structure. Such parking space shall have easy access to a street or alley by a driveway having an all-weather surface. "Person" means every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit. "Planning Commission" and "Commission" shall mean the Redmond Urban Area Planning Commission." "Planning department" means the City's Planning Division located within the City's Community Development Department. "Prefabricated house" means a sectional or factory built house to which wheels may or may not be attached for the purpose of moving it to a home site where it is affixed to the real property on a permanent foundation. "Residential use" means a structure or use for occupancy as a human dwelling or lodging place such as single-family, two-family or multi-family dwellings, duplexes, apartments, boarding, lodging or rooming houses, and manufactured homes. "Right of way" means the area between the boundary lines of a street, road or other easement. "Road or street" means a public or private way that is created to provide access for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide access to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. "Roadway" means that portion of a street or road right of way developed for vehicular traffic. "School" means a place for teaching, demonstration or learning. However, unless otherwise qualified, the word school means a place for primarily academic instruction equivalent to what is commonly known as kindergarten, grade school, junior high school, high school, college or a combination thereof. PAGE 7 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" "Semipublic use" means a structure or use intended or used for a semipublic purpose by a church, lodge, club or any other nonprofit organization. "Sign" means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business. Each display surface of a sign shall be considered a sign. "Street" means the entire width between the right of way lines of every public way for vehicular and pedestrian traffic and includes the terms road, highway, lane, place, avenue, alley or other similar designation. "Street frontage" means that portion of a building site that has a common line with a street right of way line and said street frontage is designated as the front property line. "Structure" means any combination of materials forming any construction the use of which requires location on the ground or attachment to something having location on the ground. The word structure shall be construed as though followed by the words "or part thereof." "Structural alteration" means any change to the supporting members of a structure including foundation, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls. "Subdivide land" means to divide land into four or more lots within a calendar year. "Subdivision" means an act of subdividing land or an area or tract of land subdivided. "Trailer" means any portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, and which does not fall within the definitions of vacation trailer, manufactured home or prefabricated house. This definition includes boat trailers, bunk trailers, portable schoolrooms and industrial, commercial or public offices and accessory uses. "Trailer, vacation" means a portable unit designed and built to be towed on its own chassis, comprised of frame and wheels having sleeping, cooking and plumbing facilities independent of external utility connections and intended for use principally as a temporary recreational or vacation residence. "Use" means the purpose to which land and/or any structure or improvement thereon is or may be put. The word "use" is synonymous with the terms "land use" and "use of land" unless the context clearly indicate otherwise. The word "used" also includes "designated, intended or arranged to be used." "Utility" means water, sewer, stormwater, gas, telephone, power, local distribution lines, including telecommunication and wireless lines. "Utility facility" means any major structure owned or operated by a public, private or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, distribution or processing of its products or for the disposal of cooling water, waste or by-products and including power transmission lines, major trunk pipelines, power substations, dams, water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding sewer, water, gas, telephone and power local distribution lines. "Vision clearance area" means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no platting, walls, structures or temporary or permanent obstructions exceeding 2.5 feet in height measured from the grade of the street centerline. PAGE 8 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" "Yard" means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title. "Yard, front" means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley shall be considered a front yard. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.04.080. Abrogation and greater restrictions. It is not intended by DCC Title 20 to repeal, abrogate or impair any existing easements, covenants or deed restrictions. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) "Yard, rear" means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building. "Yard, side" means a yard between side lot lines and measured horizontally at right angles from the side lot line to the nearest point of a building. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 83-040 § 2, 1983; Ord. 81-007 § 1, 1981; Ord. 80-201, 1980) 20.04.060. Compliance with provisions of this title. A. A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied or used only as DCC Title 20 permits. B. No dimensional requirement of DCC Title 20 shall be violated after its terms become effective unless specifically provided for herein. C. No lot area, yard or other open space which is required by DCC Title 20 for one use shall be used as the required lot area, yard or open space for another use. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.04.070. Zoning permit. Prior to the construction, alteration or change of use of any structure or lot for which a zoning permit is required, a zoning permit for such construction, reconstruction, alteration or change of use of any structure or lot shall be obtained from the Planning Department. 20.04.090. Interpretation. Where the conditions imposed by any provision of DCC Title 20 are less restrictive than comparable conditions imposed by any other provisions of DCC Title 20 or by any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.04.100. Repeal of ordinances as affecting existing liabilities. The repeal of an ordinance by DCC Title 20 shall not have the effect to release or extinguish any penalty, forfeiture or liability incurred under such ordinance, unless a provision of this title 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 penalty, forfeiture or liability, and for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person or persons who violated the repealed ordinance or part thereof prior to the effective date of DCC Title 20. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.04.110. Existing agreement and zoning permits. This does not repeal, abrogate or impair any existing easements, covenants, deed restrictions or zoning permits, such as preliminary plat and partition approval, conditional use permits, nonconforming use permits, temporary use permits, special exceptions or building permits. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) PAGE 9 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" 20.04.120. Authorization of similar uses. The Hearings Body may rule that a use not specifically listed in the allowed uses of a zone shall be included among the allowed uses. However, DCC 20.04.120 does not authorize the inclusion in a zone of a use which is of the same general type and similar to a use specifically listed in another zone. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) PAGE 10 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.08. ESTABLISHMENT OF ZONES AND DISTRICTS (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.08.010. Establishment of zones and districts. 20.08.020. Location of zones. 20.08.010. Establishment of zones and districts. For the purpose of DCC Title 20, the following zone is hereby established: Chapter Zone Designation Abbreviated 20.12 Urban Holding Zone UH-10 (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 93-060 § 1, 1993; Ord. 80-201, 1980) 20.08.020. Location of zone. The boundaries of the zone listed in DCC Title 20 shall be as indicated on the DCC Title 20 Zoning map, which is hereby adopted by reference. The boundaries shall be modified in accordance with the current Joint Management Agreement. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) Chapter 20.12. URBAN HOLDING ZONE (UH-10) 20.12.010. Purpose. 20.12.020. Uses permitted outright. 20.12.030. Conditional uses permitted. 20.12.040. Height of buildings. 20.12.050. Lot size. 20.12.060. Setback Exception Application 20.12.070. Signs. 20.12.080. Off-street parking. 20.12.010. Purpose. The following regulations shall apply in areas designated Urban Holding Zone (UH-10) on the Deschutes County Title 20 Zoning map. This zone is intended to be used to retain large undeveloped or underdeveloped land areas for future urban development. The UH-10 zone is a holding zone and is considered agricultural or rural residential and it will allow agricultural uses to continue operation until such time as urbanization takes place after annexation. 20.12.020. Uses permitted outright. In a UH-10 Zone, the following uses are permitted outright: A. Single-family dwelling, including a manufactured home subject to DCC 20.16.040. B. Residential accessory uses and structures. C. Home occupation subject to 20.16.070. D. Farm use as defined in 20.04.050. E. Accessory buildings customarily provided in conjunction with farm use. F. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District. G. Municipal utility facilities. H. Alteration, restoration or replacement of a lawfully established dwelling. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 91-012 § 2, 1991; Ord. 80-201, 1980) 20.12.030. Conditional uses permitted. In a UH-10 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of DCC 20.24: A. Commercial horse stable. B. Non-municipal utilities constituting radio, television and wireless tower, nonmunicipal utility station or substation.. C. Kennel or animal hospital. D. Commercial activities that are in conjunction with farm use. E. Farm stand. F. Bed and breakfast inn. G. A manufactured home to be used for a medical hardship. i. The manufactured home shall be temporarily sited on the lot or parcel only for the term of a hardship suffered by the PAGE 11 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" existing resident or relative of the resident. ii. The manufactured dwelling shall be removed or demolished within three months of the date the hardship no longer exists. iii. The existence of a medical hardship is verified by a written doctor's statement, which shall accompany the conditional use permit application iv. Permits granted under DCC 20.12.030(D) shall required to meet any applicable Oregon Department of Environmental Quality review and removal requirements as a condition of approval. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.12.040. Height of buildings. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed 30 feet-in height. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.12.050. Lot size and yard requirements. In a UH-10, the minimum lot size shall be as follows: A. Lot area shall be a minimum of 10-acres. B. Front Yard. The minimum front yard setback on properties abutting existing public right of way shall be 50-feet. C. Side Yard. The minimum side yard setback shall be 10 feet. If it is not feasible to locate a proposed building or structure outside of the prescribed setback identified in Section 20.12.050E, the property owner shall submit a Setback Exception Application. The application shall be processed as a land use permit regulated by the Joint Management Agreement. The application shall include: 1. A site plan drawn to scale showing: a. The property boundaries; b. The location of the proposed structure; c. The location of other structures on the property; d. The centerline of the future arterial or collector street; e. Any other information needed to show why it is infeasible to locate the proposed structure outside of the required setback. 2. A written statement demonstrating that: a. It is infeasible to locate the proposed building or structure outside of the setback because of one or more of the following reasons: i. Physical constraints of the property; ii. Conflict(s) with standards in the underlying zone including, but not limited to, setbacks or siting requirements. b. The proposed building or structure is located to minimize the encroachment into the setback. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 84-026 § 1, 1984; Ord. 80-201, 1980) D. Rear Yard. The minimum rear yard setback shall be 50 feet. E. Special Setback. Buildings or structures shall be setback ninety (90) feet from the centerline of a planned collector or arterial identified on the County Transportation System Plan unless an application for an exception to the this standard is submitted and approved under section 18.24.060 20.12.060. Setback Exception Application. 20.12.070. Signs. Except as provided in DCC 20.20, signs shall be placed in accordance with the following requirements: A. One non-illuminated nameplate or home occupation sign not exceeding one and one- half square feet in area for each dwelling unit. B. One non-illuminated temporary sign not exceeding six square feet in area advertising PAGE 12 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" the sale, lease, or rental of the property on which it is located. C. One non-illuminated sign not exceeding 25 square feet in area identifying a conditional use on the property. Said sign shall be set back at least 10 feet from a property line. D. The following signs shall be exempt from the sign regulations: Safety signs, trespassing signs, memorial plaques, historical markers, non-illuminated directional motor vehicle directional signs, traffic or other State/County road signs, legal notices, election signs and State highway signs. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 83-040 § 5, 1983; Ord. 81-007 § 2, 1981; Ord. 80-201, 1980) 20.12.080. Off-street parking. A. Off-street parking shall be a minimum of two spaces for single family residential use. B. Off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of this title is changed. C. Other uses not identified in DCC 20.12.070 (A) shall furnish parking spaces to meet the comparable uses identified in the City of Redmond, Article 1 - Zoning Standards, 8.0500, Off-street Parking. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) PAGE 13 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.16. SUPPLEMENTARY PROVISIONS 20.16.010. Access-Minimum lot frontage. 20.16.015. Standards for public improvements. 20.16.020. Establishment of clear vision areas. 20.16.030. Measurement of clear vision area. 20.16.040. Standards for manufactured homes. 20.16.050. Fences. 20.16.030. Measurement of clear vision area. A clear vision area shall consist of a triangular area two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this regulation, or, where the lot lines have rounded corners, the lot line extended in a straight line to a point of intersection and so measured and the third side of which is a line across the corner of the lot adjoining the nonintersecting ends of the other two sides. The following measurements shall establish clear vision areas within the UH-10 20.16.060. Home occupation. 20.16.070. Temporary placement of manufactured home. 20.16.010. Access-Minimum lot frontage. The minimum lot frontage for all lots shall be 50 feet. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.16.015. Standards for Public Improvements. All public improvements initiated by the City of Redmond may conform to the City of Redmond's Public Works Standards & Specifications, dated September 1995, and amended thereafter, which document is incorporated herein by this reference. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 98-011 § 1, 1998) 20.16.020. Establishment of clear vision areas. In all zones, on all corners of all building sites adjacent to the intersection of two streets or of a street and a railroad within a triangle formed by the street lines of such building site (ignoring any corner radius) and a line drawn between points on such street lines at designated distances from the intersection thereof, there shall be no fence, wall, hedge or building higher than three feet nor any obstruction to vision other than a post column or tree trunk (clear of branches or foliage) between a height of three feet and a height of eight feet above the level of the curb or of the level of the above-mentioned point of intersection if the streets are sloping. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) zone: A. The minimum distance shall be in relationship to street and road right of way widths as follows: R-O-W Width Measurement Clear-Vision 80 feet and over 20 feet 60 feet 30 feet 50 feet 40 feet (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 83-040 § 18, 1983) 20.16.040. Standards for manufactured homes. A. The manufactured home shall be multisectional and enclose at least 1,000 square feet; B. The manufactured home shall be located not more than 12 inches above grade on an excavated and back-filled foundation that is enclosed at the perimeter; C. The manufactured home shall have a pitched roof, with a minimum pitch of 3/12: D. Exterior siding and roofing shall be similar in color, material and appearance to that used on dwellings in the community or on surrounding dwellings; E. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards equivalent to those required for single-family dwellings under the state building code as defined in ORS 455.010; PAGE 14 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" F. A garage or carport shall be constructed in conjunction with the placement of the manufactured home. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 91-012 § 8, 1991; Ord. 80-201, 1980) C. No materials or mechanical equipment shall be used which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors. 20.16.050. Fences. A. Provisions for regulating fences on interior side or rear yards. A fence, lattice work, screen or wall not more than six feet in height may be located in any required side or rear yard. B. Provisions for regulating fences and hedges in front exterior and side yards: 1. Except as provided for in DCC 20.160.060(B)(2), a fence or wall, other than a retaining wall, located in a required side yard shall not exceed a height of three feet. 2. On a local street, a fence may have a height up to six feet in a front or side yard so long as it is 15 feet or more from the street curb. Provided, however, in those areas designated for clear vision, the restrictions set forth in DCC 20.16.060(A) shall apply. 3. Fences used and constructed in conjunction with a farm use are not subject to this section. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 80-201, 1980) 20.16.070. Home occupation. When permitted as an accessory use, the following limitations will be conditions for Home Occupations: A. The home occupation is to be secondary to the main use of the property as a residence. B. No structural alterations shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Hearings Body. Such structural alterations shall not detract from the outward appearance of the building as an accessory structure to a residence. D. No materials or commodities shall be delivered to or from the property which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer or the parking of customer's vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate off-street parking. E. No exterior storage or display shall be permitted. F. Exterior signs shall be limited to those permitted in DCC 20.12.060. There shall be no other exterior indication of the home occupation. G. There shall be no retail sales from the premises. H. A home occupation which creates a nuisance because of noise, smoke, dust, gas or the generation of excessive vehicle traffic is prohibited. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.16.060. Temporary placement of manufactured home. A manufactured home conforming to the standards of DCC 20.24.040(F) may be placed on a site in conjunction with the issuance of a building permit for a period of six months following the date of issuance. A owner may apply for a permit allowing such placement by filing an application with the Director on a form provided by the Planning Department. The Director shall issue said permit but may attach conditions deemed necessary to minimize the impact of the placements on the adjacent properties. The Director may also grant an additional six months for the permit if the applicant can establish the extension is necessary. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981) PAGE 15 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.20. EXCEPTIONS 20.20.010. Exception to lot size requirements. 20.20.020. Exception to building height limitations. 20.20.030. Special exception to lot size requirements and building setbacks. 20.20.010. Exception to lot size requirements. Any lot that is smaller than the minimum area required in the UH-zone may be occupied by an allowed use provided that: A. The lot or parcel is a lot of record, as defined in DCC 20.04.050, Lot of record. B. The use conforms to all other requirements of that zone. C. If there is an area deficiency, residential use shall be limited to a single dwelling unit. D. All necessary permits are obtained. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) B. No right of way width less than 50 feet shall constitute an effective division. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.20.060. Special exception to lot size requirements. Any parcel of land or portion thereof which is to be dedicated to a public or semipublic entity for a road, canal, railroad, utility or other public use shall be exempt from the minimum lot size requirements set forth by DCC Title 20. In cases where the land dedication results in reducing an existing building setback below the UH-10 requirement, the resulting setback shall be treated as a nonconforming setback unless a variance is approved to allow the reduced setback. The dedication shall not be the sole reason for granting a variance setback and all the variance criteria shall apply (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.20.020. Exception to building height limitations. The following types of structures or structural parts are not subject to the building height limitations prescribed under DCC Title 20: A. chimneys, B. tanks, C. observation towers, D. transmission towers, E. flag poles, F. radio and television towers, G. masts, and H. other similar projections. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.20.030. Divided tax lots. A. A single tax lot of record may be considered as a divided parcel for the purposes of DCC Title 20 if it is effectively subdivided by a major irrigation canal, railroad or major topographic feature, or by a city, county, state or federal road. PAGE 16 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.24. CONDITIONAL USES 20.24.010. Authorization to grant or deny conditional uses. 20.24.020. General conditions. 20. 24.030. Permit and improvements assurance. 20. 24.040. Application for a conditional use. 20.24.050. Procedures. 20. 24.060. Time limit on a permit for a conditional use. 20.24.070. Occupancy permit. 20.24.080. Performance bond. 20. 24.010. Authorization to grant or deny conditional uses. Uses designated as conditional uses may be permitted upon authorization by the Hearings Body in accordance with the standards and procedures established in DCC 20.24. Before approving an application for a conditional use, the Hearings Body shall find the following criteria are either met, can be met by observance of conditions or are not applicable: A. The proposal will be consistent with the Comprehensive Plan and the objectives of the zoning ordinance and other applicable policies of the county. B. The location, size, design and operating characteristics of the proposal will have minimal adverse impact on the livability, value or approximate development of abutting properties and the surrounding area. C. The proposal will not place an excessive burden on sewage, water supply, parks, schools or other public facilities, including traffic flows in the area. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.24.020. General conditions. In addition to the standards and conditions set forth in a specific zone, DCC 20.24 and other applicable regulations in permitting a new conditional use or the alteration of an existing conditional use, the Hearings Body may impose conditions which it finds necessary to avoid a detrimental impact and to otherwise protect the best interests of the surrounding area or the urban area as a whole. These conditions may include the following: A. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor. B. Establishing a special yard or other open space or lot area or dimension. C. Limiting the height, size or location of a building or other structure. D. Designating the size, number, location and nature of vehicle access points. E. Increasing the amount of street dedication, roadway width or improvements within the street right of way. F. Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or loading zone. G. Limiting or otherwise designating the number, size, location, height and lighting of signs. H. Limiting the location and intensity of outdoor lighting and requiring its shielding. 1. Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance. J. Designating the size, height, location and materials for a fence. K. Protecting and preserving existing trees, vegetation or other significant natural resources. L. Other conditions necessary to permit the development of the urban area in conformity with the intent and purpose of DCC Title 20 and the policies of the Comprehensive Plan. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord 80-201, 1980) 20.24.040. Standards governing conditional uses. A. A conditional use shall comply with the standards of the UH-zone and with the PAGE 17 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" standards and conditions set forth in DCC 20.24.040(B). B. Radio, television and wireless tower, nonmunicipal utility station or substation. 1. All equipment storage on the site shall be within an enclosed building. 2. The use may be fenced and provided with landscaping. 3. The minimum lot size for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property. 4. Transmission towers, poles, overhead wires, pumping stations and similar gear shall be so located, designed and installed as to minimize their conflict with scenic values. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 91-012 § 11, 1991; Ord. 84-003 § 3, 1984; Ord. 81-007 § 30, 1981; Ord. 80-201, 1980) conditional use permit for which this title requires on-site improvements or where such conditions have been established by the Hearings Body upon approval of such use. C. The requirement of an occupancy permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the Hearings Body. D. The authority to issue an occupancy permit upon compliance with the requirements and conditions of a conditional use permit may be delegated by the Hearings Body to the Director or the Building Official. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.24.050. Application for a conditional use. A owner may initiate a request for a conditional use. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.24.060. Procedures. An application for a conditional use shall be processed in accordance with the procedures set forth in the Joint Management Agreement. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 16, 1995) 20.24.070. Time limit on a permit for a conditional use. Duration of permits issued under DCC 20.24 shall be as set forth in DCC 22.36. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-018 § 9, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.24.080. Occupancy permit. A. The Hearings Body may require an "occupancy permit" for any conditional use approved pursuant to the provisions of DCC Title 20. B. The Hearings Body shall consider such a requirement for any use authorized by a PAGE 18 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.28. NONCONFORMING USES 20.28.010. Nonconforming uses. 20.28.020. Expansion or Replacement of a Nonconforming Structure. 20.28.030. Verification of Nonconforming Use 20.28.040. Maintenance of a Nonconforming Use 20.28.050. Restoration or Replacement of a Nonconforming Use 20.28.060. Alteration of a Nonconforming Use 20.28.070. Procedure 20.28.010. Nonconforming uses. Except as otherwise provided in DCC Title 20, the lawful use of a building, structure or land existing on the effective date of DCC Title 20, any amendment thereto or any ordinance codified therein may be continued although such use or structure does not conform with the standards for new development specified in DCC Title 20. A nonconforming use or structure may be altered, restored or replaced subject to this chapter. No nonconforming use or structure may be resumed after a one-year period of interruption or abandonment unless the resumed use conforms with the provisions of DCC Title 20 in effect at the time of the proposed resumption. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.28.020. Expansion or Replacement of a Nonconforming Structure. A. Nonconforming Structure. For the purposes of this chapter, a nonconforming structure is one that was lawfully established and violates current setbacks of DCC Title 20 but conforms with respect to use. B. Replacement or Expansion without Additional Encroachment in Setback Area. A nonconforming structure may be replaced with a new structure of the same size on the same footprint as the preexisting nonconforming structure or may be expanded with an addition that does not project into the required setback area at any point, subject to all other applicable provisions of DCC Title 20. C. Replacement or Expansion with Additional Encroachment in Setback Area. Replacement or expansion of a nonconforming structure that would involve an additional projection into the front, side or rear yard setback area at any point along the footprint of the existing or preexisting structure may be allowed provided such additional projection into the setback area (1) does not exceed 900 square feet; (2) does not exceed the floor space of the existing or preexisting structure; (3) does not cause the structure to project further toward the front, side or rear property lines than the closest point of the existing or preexisting structure; and (4) meets the variance approval standards set forth in DCC 20.32. Such replacements or expansions must conform with all other applicable provisions of DCC Title 20. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.28.030. Verification of Nonconforming Use. A. Subject to the procedures set forth in this chapter and in DCC Chapter 22.40 for processing declaratory rulings, the planning division will verify whether or not a use constitutes a valid nonconforming use in accordance with the provisions of this chapter and applicable state law. Verification of the existence of a nonconforming use is required prior to or concurrent with any application to alter or restore the use. B. Subject to DCC 20.28.070(B), the applicant shall demonstrate all of the following: 1. The nonconforming use was lawfully established on or before the effective date of the provisions of the zoning ordinance prohibiting the use or had proceeded so far toward lawful completion as of the date it became nonconforming that a right to complete and maintain the use would be vested; PAGE 19 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" 2. The nonconforming use as it existed on the date it became nonconforming, considering the nature and the extent of the actual use of the property, has continued without abandonment or interruption; and 3. Any alteration in the nature and extent of the nonconforming use was done in C compliance with applicable zoning ordinance standards governing alterations of non-conforming uses. For purposes of determining whether an abandonment or interruption of use has occurred, the following shall apply: 1. The reference period for determining whether an abandonment or interruption of a nonconforming use or an aspect thereof has occurred shall be one year. 2. An abandonment or interruption in a use or portion thereof may arise from the complete cessation of actual use of a property for a one-year period or may arise from a change in the nature or extent of the use made of the property for a one-year period or more. 3. An interruption or abandonment that constitutes less than full cessation of the use or a portion thereof may, in accordance with this Chapter, result in a declaration of a continuing use, but of a lesser intensity or scope than what would have been allowable if the nature and extent of the use as of the date it became nonconforming had continued. 4. Absent an approved alteration, a change in the nature of the use may result in a determination that the use has been abandoned or has ceased if there are no common elements between the activities of the previous use and the current use. 5. Change of ownership or occupancy shall not constitute an interruption or abandonment, provided that, absent an approved alteration, the continuing use made of the property falls within the allowed scope of use made of the property by previous owners or occupants. 6. Factors to be considered in determining whether there has been a change in the nature and/or extent of a use shall include, but are not limited to, consideration of the type of activities being conducted, the operating characteristics of the activities associated with the use (including off-site impacts of those activities), the frequency of use, the hours of operation, changes in structures associated with the use and changes in the degree to which the activities associated with the use occupy the site. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.28.040. Maintenance of a Nonconforming Use. Normal maintenance of a verified nonconforming use or structure shall be permitted. Maintenance does not include alterations which are subject to DCC 20.28.060. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.28.050. Restoration or Replacement of a Nonconforming Use. A verified nonconforming use may be restored or replaced if all of the following criteria are met: A. Restoration is made necessary by fire, natural disaster or other casualty; B. The nonconforming use is restored or replaced on the same location and is the same size or smaller than it was prior to the damage or destruction; and C. The restoration or replacement of the nonconforming use is commenced within one year of the damage or destruction. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.28.060. Alteration of a Nonconforming Use. A. The alteration of a nonconforming use shall be permitted when necessary to comply with any lawful requirement. B. Any other alteration to a nonconforming use may be permitted subject to all applicable provisions of DCC Title 20, including site plan review and upon a finding that the PAGE 20 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" alteration will have no greater adverse impact on the neighborhood. C. For the purposes of this Chapter, an "alteration of a nonconforming use" shall include any change in the use of the property that would constitute a change in the nature or extent of the use of the property. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.28.070. Procedure. A. Any application for verification of a nonconforming use or to expand, alter, restore or replace a nonconforming use shall be processed in conformance with the applicable procedures set forth in this Chapter and the Joint Management Agreement. B. Notwithstanding the Joint Management Agreement, the initial decision on an application for an alteration of a nonconforming use shall be made administratively, without a public hearing. The Planning Director may give prior notice of the pending application pursuant to the Joint Management Agreement. C. Except as allowed by this Chapter, the burden of proof shall be on a verification applicant to prove the existence, continuity, nature and extent of the use. 1. Notwithstanding the procedures in the Joint Management Agreement, if an applicant demonstrates by a preponderance of the evidence that the nature and extent of the use sought to be verified is of the same nature and extent as the use of the property for the ten-year period immediately preceding the application, without interruption or abandonment, it shall be presumed that the nonconforming use, as proven, lawfully existed at the time the use became nonconforming and has continued without interruption or abandonment until the date of application. 2. The presumption may be rebutted by a preponderance of evidence showing that the use was unlawful prior to the time it became nonconforming, or that the use prior to the ten-year period was of a different nature or different in extent than the use, as proven, or that the use prior to the ten-year period was interrupted or abandoned. If the presumption is so rebutted, the presumption shall disappear and be of no further aid to the applicant. D. If the proof demonstrates the continued existence of a valid non-conforming use, but of a different nature or extent than that claimed by the applicant, the Hearings Body may declare there to be a valid nonconforming use to the extent proven. E. An approval of a verification, replacement or restoration of a nonconforming use verification shall not be conditioned; an approval shall be sufficiently detailed to describe the allowed parameters of the verified use. However, an approval of an alteration of a nonconforming use may be conditioned in a manner calculated to ensure mitigation of adverse impacts so that the change has no greater adverse impact to the neighborhood. F. After a decision has been rendered on an application for a verification of a nonconforming use (including any appeals provided for under the Joint Management Agreement and under state law), the applicant shall not be entitled to reapply under procedures in the Joint Management Agreement for another verification determination involving the same use of the property. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 17, 1995; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) PAGE 21 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.32. VARIANCES 20.32.010. Authorization to grant or deny variances. 20.32.020. Criteria. 20.32.030. Authorization to grant or deny variances to on-site requirements. 20.32.040. Application for a variance. 20.32.050. Time limits on approval of a variance. 20.32.010. Authorization to grant or deny variances. A. The Director or Hearings Body, except as provided for in DCC 20.32.030, may authorize variances from the standards of DCC Title 20 where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of DCC Title 20 would cause an undue or unnecessary hardship; B. No variance shall be granted to allow the use of the property for purposes not authorized within the UH-zone, or to alter any procedural requirements of DCC Title 20. C. In granting a variance, the Hearings Body may attach conditions found necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 18, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 80-201, 1980) C. That the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. D. That granting the variance will be in harmony with the objectives of DCC Title 20 and not injurious to the neighborhood or otherwise detrimental to the public welfare. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981) 20.32.030. Authorization to grant or deny yard variances The Director or Hearings Body may authorize a variance from the standards of DCC Title 20 relating to yard standards so long as the variance does not exceed 25 percent of the requirement from which the variance is sought. In addition to the requirements in DCC 20.32.020, in the case of a yard variance, the applicant shall show the approval will result in: A. More efficient use of the site; B. Preservation of natural features, where appropriate; C. Adequate provision of light, air and privacy to adjoining properties; and D. Adequate access. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 19, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 81-007 § 31; Ord. 80-201, 1980) 20.32.020. Criteria. No variance shall be granted pursuant to the provisions of DCC 20.32.010 unless the applicant can establish: A. That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district. B. That strict interpretation of the provisions of DCC Title 20 would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of DCC Title 20. 20.32.040. Application for a variance. A. A Owner may initiate a variance by filing an application with the Director using forms approved by the Director. B. The application shall be accompanied by a plan, drawn to a suitable scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. C. The application shall be reviewed in the manner provided for in the Joint Management Agreement. (Ord. 95-050 § 20, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 81-007 § 32, 1981; Ord. 80-201, 1980) PAGE 22 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" 20.32.050. Time limits on land use approvals Duration of variances issued under DCC 20.32 land use approvals shall be two (2) years or as set forth by the Hearings Body. Land use approvals shall not exceed five (5) years, including extensions. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-018 § 10, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981) PAGE 23 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.36. AMENDMENTS 20.36.010. Authorization to initiate amendments. 20.36.020. Zone-Comprehensive Plan- Plan map amendments. 20.36.030. Criteria for map amendments. 20.36.040. Tentative approval. 20.36.050. Legislative amendment procedure. 20.36.060. Limitations on reapplications. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 80-201,1980) 20.36.050. Legislative amendment procedure. Except as set forth herein, legislative zone, plan or map changes shall be heard pursuant to the procedures set forth in the Joint Management Agreement. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 24, 1995) 20.36.010. Authorization to initiate amendments. A. An amendment to the text of DCC Title 20 or a legislative amendment to a zoning or plan map may be initiated by either the City, the Board, Planning Commission or an Owner. B. Quasi-judicial plan map amendments shall be initiated by an Owner. C. An Owner shall initiate a request for an amendment by filing an application with the Director. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 22, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 80-201, 1980) 20.36.020. Zone-Comprehensive Plan amendments. The Hearings Body shall hold a public hearing on a quasi-judicial zone change or Comprehensive Plan amendment in accordance with the provisions of the Joint Management Agreement. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 23, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord. 80-201, 1980) 20.36.030. Criteria for map amendments. For all zoning or Comprehensive Plan map amendments, the applicant shall show the proposed change: A. Conforms with the applicable state statutes; B. Conforms with the applicable state-wide planning goals and Oregon Administrative Rules (OAR) whenever they are determined to be applicable; C. Conforms with the City Comprehensive Plan 20.36.060. Limitations on reapplications. A. No application of a owner for an amendment to the text of DCC Title 20, to the City Comprehensive Plan map or to the Title 20 zoning map shall be considered by the Hearings Body within a six-month period immediately following a previous denial application. B. If, in the opinion of the Hearings Body, however, new evidence or a change of circumstances warrant it, the Hearings Body may permit a new application. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 95-050 § 25, 1995; Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981) PAGE 24 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) EXHIBIT "A" Chapter 20.40. GENERAL PROVISIONS 20.40.010. Severability. 20.40.020. Enforcement. F. Revocation for Nonconformance. The Hearings Body may revoke any permit granted pursuant to the provisions of DCC Title 20 for failure to comply with those conditions and limitations placed upon the exercise of the permit. 20.40.010. Severability. The provisions of DCC Title 20 are severable. If any section, sentence, clause or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of the title. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994; Ord. 80-201, 1980) 20.40.020. Enforcement. A. Administration. It shall be the duty of the City or an authorized representative to enforce the provisions of DCC Title 20 pertaining to land use and to the construction, erection, location or enlargement of any structure located within the Redmond Urban Area under the jurisdiction of DCC Title 20. B. Building Permits. No permit shall be issued by the building official for the construction, erection, location or enlargement or change of use of a building, structure or lot that does not conform to the requirements of DCC Title 20. C. Authority. Whenever necessary to enforce the provisions of DCC Title 20, the City or an authorized representative shall have recourse to every remedy provided by law. D. Violation of DCC Title 20 as a nuisance. The construction, erection, location, enlargement or use or change in use or uses of any structure or property in violation of DCC Title 20 of those conditions and limitations approved pursuant to the provisions of this title shall be deemed a public nuisance and maybe enjoined, abated, or removed. E. Revocation for False Statement. The Hearings Body may revoke any permit granted pursuant to the provisions of DCC Title 20, if it is determined that the permit was issued on account of false statements contained in the application form or false representations made at a public hearing. G. Revocation Hearing. No permit shall be revoked without a public hearing held pursuant to the provisions of the Joint Management Agreement.. H. Who May Request Revocation Hearing. A revocation hearing shall be held by the Hearings Body on its own motion, by the written request of the Director or at the request of an interested person when the Hearings Body, Director or interested person, respectively, has reasonable cause to believe that the provisions of DCC Title 20 have been violated. (Ord. 2006-019 § 2, 2006; Ord. 2001-016 § 2, 2001; Ord. 94-013 § 1, 1994) PAGE 25 OF 25 - EXHIBIT "A" TO ORDINANCE 2006-019 (08/23/2006) r' EXHIBIT PAGE NARRATIVE OF SURVEY FOR THE CI OF REDMOND, LOCATED IN TOWNSHIPS 14 AND 15 SOUTH, RANGES 12 AND 13 EAST, WILLAMETTE MERIDIAN, SITUATED IN DESCHUTES COUNTY, OREGON, AND BEING THE 2006 CITY OF REDMOND URBAN GROWTH BOUNDARY EXPANSION IN MAY OF 2006 WE WERE COMMISSIONED BY THE CITY OF REDMOND TO ACCURATELY DESCRIBE THE 2005 EXPANSION OF THE CITY OF REDMOND URBAN GROWTH BOUNDARY. THIS EXPANSION INCLUDES AREAS TO THE NORTH, WEST AND SOUTH OF THE CURRENT URBAN GROWTH BOUNDARY (UGB), THE CURRENT UGB ALSO BEING THE CURRENT CITY LIMITS. THE UGB EXPANSION IS GENERALLY BOUNDED AS FOLLOWS: THE NEW UGB WILL LEAVE THE NORTH CITY LIMIT, AND FOLLOW NORTH ALONG HIGHWAY 97, WEST ALONG PERSHALL WAY, SOUTH ALONG 19TH STREET WEST ON THE SOUTH LINE OF RIMROCK WEST ESTATES, SOUTH ON -AN ALIQUOT LINE, WEST ALONG UPAS AVENUE, SOUTH AND WEST ON ALIQUOT LINES AND PARTITION LINES, SOUTH ALONG 35TH STREET, WEST ALONG MAPLE AVENUE, SOUTH ALONG HELMHOLTZ WAY, WEST ALONG OBSIDIAN AVENUE, SOUTH AND WEST ON ALIQUOT LINES, EAST ON A PARTITION LINE, SOUTHEAST ALONG LATERAL B, EAST ALONG WICKIUP AVENUE, SOUTH ALONG HELMHOLTZ WAY, NORTHEAST ALONG CANAL BOULEVARD, EAST ALONG ELKHORN AVENUE, AND NORTHWEST ON A B.P.A. POWER LINE TO THE SOUTH CITY LIMIT. THE BALANCE OF THE EXPANSION BOUNDARY FOLLOWS ALONG THE SOUTHERN, WESTERN AND NORTHERN CITY LIMITS. THE EXPANSION ALSO INCLUDES A FOUR ACRE PARCEL DESCRIBED HEREIN AS THE "RUSSELL TRACT", WHICH ABUTS THE SOUTHERN CITY LIMIT. REFER TO EXHIBIT "A" (SHEET 4) FOR A GRAPHIC REPRESENTATION OF THE CURRENT UGB AND THE UG6 EXPANSION. MOST OF THE UG8 EXPANSION IS BOUNDED BY EXISTING AND PROPOSED ROADWAYS. AS DIRECTED BY THE CITY, WE HAVE INCLUDED AS MUCH RIGHT-OF-WAY AS POSSIBLE AND NECESSARY FOR THESE ROADWAYS WITHIN THE PERIMETER OF THE UGB EXPANSION. THESE RIGHT-OF-WAY WIDTHS VARY DEPENDING ON PARTICULAR ROADWAY CLASSIFICATIONS AND THEIR RELATIONSHIP WITH LANDS LYING OUTSIDE THE UGB EXPANSION. WHERE THE CITY OF REDMOND URBAN RESERVE LIES OUTSIDE OF A SPECIFIC ROADWAY THE UGB . EXPANSION LINE FOLLOWS ALONG THE ULTIMATE RIGHT-OF-WAY LINE OF THE ROADWAY. IN INSTANCES WHERE A PARTICULAR ROADWAY FORMS THE ABSOLUTE AND FINAL URBAN GROWTH BOUNDARY THE UGB EXPANSION LINE WAS PLACED ALONG THE EXISTING RIGHT- OF-WAY LINE. WIDTHS FOR THESE ROADWAYS ARE AS FOLLOWS: - THE PRESENT AND EXISTING RIGHT-OF-WAY LINE OF HIGHWAY 97, THE WIDTH OF WHICH VARIES FROM 45 FEET TO 65 FEET FROM CENTERLINE; 30 FEET FROM CENTERLINE FOR PERSHALL WAY, 19TH STREET UPAS AVENUE, 35TH STREET, OBSIDIAN AVENUE, WICKIUP AVENUE AND ELKHORN AVENUE; - 50 FEET FROM CENTERLINE FOR MAPLE AVENUE AND FOR THAT SEGMENT OF HELMHOLTZ WAY LYING BETWEEN ANTLER AVENUE AND OBSIDIAN AVENUE; - 30 FEET FROM CENTERLINE FOR THAT PORTION OF HELMHOLTZ WAY LYING NORTH OF ANTLER AVENUE AND FOR THAT PORTION OF THE ROADWAY LYING SOUTH OF WICKIUP AVENUE; 40 FEET FROM CENTERLINE FOR CANAL BOULEVARD. SHEET 7 OF 15 EXHIBIT PAGE NARRATIVE - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION IN THE SURVEY OF THE UGB EXPANSION THOSE MONUMENTS CONTROLLING THE ABOVE DESCRIBED BOUNDS WERE TIED USING GPS INSTRUMENTATION. MONUMENTS WERE TIED UTILIZING THE IDENTICAL OBSERVATION BASES EMPLOYED IN OUR PREVIOUS UGB SURVEY (CS 16511). THE MAJORITY OF THE MONUMENTS ALONG THE EXPANSION BOUNDARY ARE DEPICTED IN THE FOLLOWING RECORD COUNTY SURVEYS. CS 10974 (HIGHWAY 97); CS00431, CS00421 CSOO944, LCS 1598 S(SECTION 5, 1 T 15S (R 13E)C CS04962, SCS00972 (SECTION 7, T15S R13E); CS01143, CS14057 (SECTION 18, T15S R 13E); CS 14700, CS01 168 (SECTION 19, T 15S R 13E); CS03103, CS00851 (SECTION 24, T 15S R 12E, AND LATERAL 8); CS 1351 1, CS01416 (SOUTH HELMHOLTZ WAY); CS01416, CS01424, CS01421, CSO 1425 (SOUTH CANAL BOULEVARD); CSO 1426, CS 14794 (ELKHORN AVENUE); CS16511 (CURRENT URBAN GROWTH BOUNDARY). IN THE ENSUING DESCRIPTION THE "PERSHALL BOUNDARY" FOLLOWS ALONG A LINE 30 FEET NORTH OF THE CENTERLINE OF PERSHALL WAY. RECORD SURVEYS VARY AS TO THE CENTERLINE'S LOCATION BETWEEN HIGHWAY 97 AND THE ANGLE POINT IN THE ROADWAY NEAR THE CENTER-EAST 1116 CORNER OF SECTION 33, T14S R13E. IN OUR SURVEY WE HAVE HELD THIS CENTERLINE SEGMENT AS BEING ALONG THE SECTION CENTERLINE. THE MONUMENT AT THE CENTERLINE POINT OF INTERSECTION WAS HELD FOR THE TANGENT SOUTHWEST OF THE ANGLE POINT. THIS MONUMENT LIES ABOUT 2.1 FEET NORTH OF THE SECTION CENTERLINE. RECORD SURVEYS ALSO VARY AS TO WHETHER THERE IS OR THERE IS NOT A CURVE IN THE ROADWAY AT THIS ANGLE POINT. THOSE SURVEYS THAT DEPICT A CURVE DO SO GRAPHICALLY, AND DO NOT SHOW A SPECIFIC RADIUS. IN OUR SURVEY WE HAVE HELD AN ANGLE POINT WITH NO CURVE FOR THE NORTH RIGHT-OF-WAY LINE OF PERSHALL WAY. IN THE SW114 OF SECTION 33 THE ALIGNMENT OF PERSHALL WAY, AS DEFINED IN C500421, WAS SLIGHTLY ALTERED AND ROTATED TO FIT THOSE MONUMENTS FOUND ON CENTERLINE POINTS OF INTERSECTION. IN THE FOLLOWING DESCRIPTION THE "NORTH HELMHOLTZ BOUNDARY" is CALLED AS BEING "A LINE APPROXIMATELY PARALLEL WITH AND 30 FEET WEST OF THE CONSTRUCTED CENTERLINE OF HELMHOLTZ WAY.". THIS BOUNDARY SEGMENT IS INTENDED TO FOLLOW 30 FEET WEST OF ALIQUOT SECTIONAL LINES WHERE THE CONSTRUCTED ROAD CENTERLINE IS REASONABLY CLOSE TO THESE. LINES. WHERE THE ROADWAY LEAVES THESE LINES THE "NORTH HELMHOLTZ BOUNDARY" ENTERS INTO A SERIES OF REVERSE CURVES CONNECTED WITH SHORT TANGENT SECTIONS. THE INTENT HERE IS TO FOLLOW THE CONSTRUCTED CENTERLINE AS CLOSELY AS POSSIBLE WITH AN ALIGNMENT THAT WILL ALLOW FOR THE CONSTRUCTION OF A MAJOR ARTERIAL ROADWAY. THIS CONCEPT WAS EMPLOYED IN WHAT IS REFERRED TO AS THE ."CENTRAL HELMHOLTZ BOUNDARY" IN THE SUBSEQUENT DESCRIPTION. THIS BOUNDARY SEGMENT ABUTS THE CITY OF REDMOND URBAN RESERVE, AND WAS PLACED APPROXIMATELY 50 FEET WEST. OF THE CONSTRUCTED CENTERLINE OF HELMHOLTZ WAY. THE EAST END OF THE BOUNDARY ALONG OBSIDIAN AVENUE WAS PLACED 30 FEET NORTH OF THE SECTION LINE, AND CURVED NORTH FOLLOWING A LINE 30 FEET NORTH OF THE CONSTRUCTED CENTERLINE AT THE WEST END OF THIS BOUNDARY. SHEET 2 OF .15 EXHIBIT PAGE 3 NARRATIVE - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION THE RECORD ALIGNMENT OF LATERAL "8", AS DEFINED IN PARTITION PLAT NO. 1991-23 AND IN MINOR PARTITION NO. MP-87-08, WAS CALCULATED AND ROTATED TO FIT THOSE MONUMENTS FOUND ALONG THIS BOUNDARY SEGMENT RECORD ALIGNMENTS FOR WHITTED MARKET ROAD AND THE DALLES- CALIFORNIA HIGHWAY WERE CALCULATED AND ROTATED TO BEST FIT THOSE MONUMENTS FOUND ALONG THESE BOUNDARY SEGMENTS. THESE SEGMENTS ARE REFERRED TO AS THE "SOUTH HELMHOLTZ BOUNDARY" AND THE "SOUTH CANAL BOUNDARY" IN THE ENSUING DESCRIPTION. SECTION LINES WERE HELD FOR THE CENTERLINES OF 19TH STREET, UPAS AVENUE, 35TH STREET, MAPLE AVENUE, WICKIUP AVENUE AND ELKHORN AVENUE. THE CONSTRUCTED CENTERLINE WAS HELD FOR THE BOUNDARY SEGMENT FOLLOWING ALONG THE B.P.A. POWER LINE OUR RECORD SURVEY DATA AND RECORD DESCRIPTION WERE HELD FOR THOSE PORTIONS OF THE URBAN GROWTH BOUNDARY EXPANSION ABUTTING THE CURRENT CITY LIMITS (SEE CS 1651 7). NOTE THAT THE FIELD SURVEY FOR THESE BOUNDARY SEGMENTS WAS COMPLETED IN DECEMBER OF 2004. VERY FEW OF THE MONUMENTS CALLED FOR IN THE FOLLOWING DESCRIPTION AND ALONG THE CURRENT CITY LIMITS WERE REVISITED IN THIS 2006 SURVEY - SOME MONUMENT DESCRIPTIONS MAY NOT BE CURRENTLY ACCURATE, AND SOME MONUMENTS CALLED FOR MAY HAVE BEEN OBLITERATED. THE "RUSSELL TRACT", LOCATED IN THE NE114 NW114 OF SECTION 32, T15S R13E, ABUTS THE LINE COMMON TO SECTIONS 29 AND 32, THIS LINE BEING THE SOUTH CITY LIMIT. THE TRACT IS A PORTION OF A PARCEL OF LAND LYING IN BOTH SECTIONS, AND THE STRUCTURE LOCATED ON THE PARCEL STRADDLES THE CURRENT CITY LIMIT. THE AREA LOCATED IN SECTION 32 IS DESCRIBED AS "...THE NORTH 242 FEET OF THAT PORTION OF THE N112 NE 1 f4 NW 1 /4 OF SAID SECTION 32 LYING EAST OF HIGHWAY 97..." IN A DEED FROM DECARLO TO RUSSELL, RECORDED IN BOOK 2004, PAGE 46396, DESCHUTES COUNTY OFFICIAL RECORDS. RECORD POSITIONS OF THE N114, C114 AND W 1 /16 CORNERS OF SECTION 32, AS LOCATED IN OUR SURVEY OF CS16511, WERE HELD FOR THE NORTH, EAST AND SOUTH BOUNDARIES OF THE "RUSSELL TRACT". MEASUREMENTS MADE IN CS14794 WERE ROTATED TO THE NORTH LINE OF THE NE114 NW 1/4 IN ESTABLISHING THE ALIGNMENT OF THE HIGHWAY, AND THE NORTHWEST BOUNDARY OF THE TRACT WAS PLACED 90 FEET FROM THE CENTERLINE OF THE HIGHWAY AS PER CSI 1407. THE DESCRIPTION OF THE 2006 REDMOND URBAN GROWTH BOUNDARY EXPANSION IS AN EXTENSION OF OUR PREVIOUS URBAN GROWTH BOUNDARY SURVEY. IN THIS DESCRIPTION THOSE MEASUREMENTS AND MONUMENTS CITED ALONG THOSE BOUNDARY SEGMENTS FOLLOWING THE CURRENT UGB ARE IDENTICAL WITH THOSE MEASUREMENTS MADE AND MONUMENTS SHOWN IN COUNTY SURVEY NO, 16511., UNLESS THEY ARE NOTED OTHERWISE. SHEET 3 OF 15 EXHIBIT - PAGE . EXHIBIT "A" FOR THE CII OF RED OND , LOCATED IN TOWNSHIPS 14 AND 15 SOUTH, RANGES 12 AND 73 EAST, WILLAMETTE MERIDIAN, SITUATED IN DESCHUTES COUNTY, OREGON, AND BEING THE 2006 CITY OF REDMOND URBAN GROWTH BOUNDARY EXPANSION I 32 ~ ~3 i I 0 z ~ w O Q¢ ~o z O~ U ~ c~ O O ~ O C7 T14S w Iw ( f f r w i 8 9 1~ 11 i I f I I I ~ 2°~ i 19 i 20 G\ Opp , 2~ P~Rp023 1 INITIAL ~jFt~ 2 'p - - - ~PO1Nr I I I R o~ I ~ \ ~ ~ I I 2~ I 6 [ w 0 I 9 2 ZtJ N ~ 3 ~ ~r.rrr~rrrrs~J ~ ~ CC I II qq 36 SOUTHERLY TRACT - CONTAINS 461.4 ACRES SHEET 4. OF 15 i -T16S u RUSSELL TRACT- CONTAlNS 4.4 ACRES SCALE: 1" = 1 MILE PREPARED JULY 19, 2006 POVEY AND ASSOC. LAND SURVEYORS P.O. BOX 131, REDMOND, OR 97756 (541) 548-6778 .04-246B.DWG EXHIBIT PAGE_ DESCRIPTION FOR THE CITY OF REDMO D , LOCATED IN TOWNSHIPS 14 AND 15 SOUTH, RANGES 12 AND 13 EAST, WILLAMETTE MERIDIAN, SITUATED IN DESCHUTES COUNTY, OREGON, AND BEING THE 2006 C17Y OF REDMOND URBAN GROWTH BOUNDARY EXPANSION IN THE FOLLOWING DESCRIPTION SOME ABBREVIATIONS ARE USED: T14S R13E MEANING TOWNSHIP 14 SOUTH, RANGE 13 EAST, T15S R13E MEANING TOWNSHIP 15 SOUTH, RANGE 13 EAST, T15S R 12E MEANING TOWNSHIP 15 SOUTH, RANGE 12 EAST, C MEANING CENTER, N FOR NORTH, S FOR SOUTH, E FOR EAST, W FOR WEST, AND R1W MEANING RIGHT-OF-WAY. THIS DOCUMENT IS A LEGAL DESCRIPTION OF THE 2006 CITY OF REDMOND URBAN GROWTH BOUNDARY EXPANSION, SITUATED IN DESCHUTES COUNTY, OREGON, THE LINES OF WHICH WERE MEASURED UTILIZING GLOBAL POSITIONING INSTRUMENTATION, THIS SURVEY BEING MADE IN JUNE OF 2006 BY POVEY AND ASSOCIATES, LAND SURVEYORS, REDMOND, OREGON, SAID URBAN GROWTH BOUNDARY EXPANSION ENCOMPASSING AREAS LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 14 SOUTH, RANGE 13 EAST, AND ENCOMPASSING AREAS IN SECTIONS 5, 6, 7, 8, 18, 19, 29, 30, .31 AND 32, TOWNSHIP 15 SOUTH, RANGE 13 EAST, AND ENCOMPASSING AREAS IN SECTIONS 24, 25, AND 36, TOWNSHIP 15 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, SAID 2006 URBAN GROWTH BOUNDARY EXPANSION CONSISTING OF THREE TRACTS OF LAND, BEING SUBSEQUENTLY DESCRIBED AS THE NORTHERLY TRACT, THE SOUTHERLY TRACT AND THE RUSSELL TRACT, SAID NORTHERLY TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3-114" BRASS CAP MONUMENTING THE SOUTHEAST (SE) CORNER OF SAID SECTION 24, TOWNSHIP 15 SOUTH, RANGE 12 EAST (T155 R12E), WILLAMETTE MERIDIAN, THE INITIAL POINT; THENCE N89'57'37"W (PREVIOUSLY CITED AS S89'22'22"E) ALONG THE SOUTH LINE OF THE SE114 SE1 4 OF SAID SECTION 24 - 9.00 FEET TO THE WEST RIGHT-OF-WAY (R/W) OF SW HELMHOLTZ WAY, BEING 30 FEET FROM THE CENTERLINE OF SAID ROADWAY, AND TO THE CURRENT URBAN GROWTH BOUNDARY OF THE CITY OF REDMOND, AND TO THE POINT OF BEGINNING; THENCE ALONG SAID WEST R/W AND ALONG SAID CURRENT URBAN GROWTH BOUNDARY AS FOLLOWS: N0932'28"E - 254.94 FEET (PREVIOUSLY CITED AS 254.85 FEET) TO THE SOUTH BOUNDARY OF DESCHUTES COUNTY PARTITION PLAT NO. 1991-23, THENCE S83'22'02"W ALONG SAID SOUTH BOUNDARY AND ..SAID WEST R/W - 10.08 FEET, FROM WHICH A 112" PIPE BEARS :N83'22'02"E - 0.26 FEET; THENCE ALONG SAID WEST R/W, BEING 40 FEET FROM SAID CENTERLINE, AS FOLLOWS: N00'32'28"E - 57.75 FEET TO A 314" PIPE; THENCE 220.22 FEET ALONG THE ARC OF A 517.47 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS N12'43'58"E - 218.56 FEET, FROM WHICH A 3/4" PIPE BEARS N47'W - 0.15 FEET; THENCE N24'5528"E - 812.35 FEET TO A 314 PIPE; THENCE 340.29 FEET ALONG THE ARC OF AN 840.00 FOOT RADIUS CURVE CONCAVE SOUTHEAST, THE LONG CHORD ..OF WHICH BEARS N36'31 '48"E - 337.97 FEET TO A 314" PIPE; THENCE N48'05'08"E - 989.71 FEET TO A 112" PIPE ON THE WEST LINE OF THE NE114 SWI14 OF SAID SECTION 19, T15S R13E; THENCE S00'03' 13"W ALONG SAID WEST LINE AND ALONG SAID WEST R/W - 13.44 FEET; THENCE ALONG SAID WEST R/W, BEING 30 FEET FROM SAID CENTERLINE, AS FOLLOWS: `N48'08'08"E - 377.37 SHEET 5 OF 15 EXHIBIT- PAGE DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION FEET, FROM WHICH A 314" PIPE BEARS N47' 18'E - 5.39 FEE', AND FROM WHICH A 314" PIPE BEARS 552'03'E - 30.45 FEET; THENCE 456.55 FEET ALONG THE ARC OF A 2235.51 FOOT RADIUS CURVE, CONCAVE SOUTHEAST, THE LONG CHORD OF WHICH BEARS N53'59' 10"E - 455.76 FEET TO A 3/4" PIPE, FROM WHICH A 314" PIPE BEARS S30'00'E - 29.96 FEET; THENCE N59'50' 13,'E - 135.09 FEET, FROM WHICH A 314" PIPE BEARS N78-W - 0.14 FEET, AND FROM WHICH A 3/4" PIPE BEARS S29'59'E - 30.08 FEET,• THENCE 386.73 FEET ALONG THE ARC OF A 635.65 FOOT RADIUS CURVE, CONCAVE NORTHWEST, THE LONG CHORD OF WHICH BEARS N42°24'26"E - 380.80 FEET, FROM WHICH A 314" PIPE BEARS N83'W - 0.13 FEET, AND FROM WHICH A 3/4" PIPE BEARS S64'39'E - 29.90 FEET; THENCE N24'58'40"E - 75.13 FEET; THENCE 245.29 FEET ALONG THE ARC OF A 484.30 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS N 10'28'04"E - 242.68 FEET, THENCE N04'02'31 "W - 189.87 FEET TO A 112" PIPE; THENCE N04'02'31 "W - 377.35 FEET TO A 112' PIPE; THENCE N04'02'31 "W - 30.05 FEET TO THE SOUTH UNE OF THE NE114 NW114 OF SAID SECTION 19; THENCE LEAVING SAID WEST R/W AND ALONG SAID CURRENT URBAN GROWTH BOUNDARY AS FOLLOWS; S89'37' 14"E ALONG SAID SOUTH LINE - 65.29 FEET TO A 3/4" PIPE, THENCE S89'37' 14"E ALONG SAID SOUTH LINE - 183.27 FEET TO A 314" PIPE MONUMENTING THE C-N1116 CORNER OF SAID SECTION 19; THENCE S89'23'37"E ALONG THE SOUTH LINE OF THE NW114 NE114 OF SAID SECTION 19 - 1308.68 FEET TO A 518" REBAR MONUMENTINC THE NE1116 CORNER OF SAID SECTION 19; THENCE S89'21'46"E ALONG THE SOUTH LINE OF THE NE114 NE114 OF S41D SECTION 19 - 1265.46 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID NE114 NE114, FROM WHICH A 314" PIPE MONUMENTING THE N1116 CORNER ON THE EAST LINE OF SAID SECTION 19 BEARS S89'21'46"E - 30.00 FEET; THENCE N00' 12'37"W ALONG SAID WEST LINE AND ITS PROLONGATION - 1361.67 FEET TO THE NORTH LINE OF THE SOUTH 35 FEET OF THE SE 1/4 SE714 OF SAID SECTION 18, T 15S R 13E; THENCE S89'35'08"E ALONG SAID NORTH LINE - 30.32 FEET TO THE EAST LINE OF SAID SE114 SE114, FROM WHICH A 3-714" ALUMINUM CAP MONUMENTING THE SE CORNER OF SAID SECTION 18 BEARS SOO' 18'31 "W - 35.00 FEET; THENCE NOO' 18'31 "E ALONG SAID EAST LINE - 1285.50 FEET TO A 2-112" BRASS CAP MONUMENTING THE S1116 CORNER ON THE EAST LINE OF SAID SECTION 18; THENCE NOO' 16'45"E ALONG THE EAST LINE OF THE NE114 SE114 OF SAID SECTION 17 - 1284.44 FEET TO A 3-112" BRASS CAP; THENCE N00' 18'45"E ALONG SAID EAST LINE - 36.07 FEET TO THE E114 CORNER OF SAID SECTION 18 (NO MONUMENT FOUND); THENCE N00' 16'38"E ALONG THE EAST LINE OF THE SE114 NE114 OF SAID SECTION 18 - 1318.03 FEET TO A 518" REBAR MONUMENTING THE N1116 CORNER ON THE EAST LINE OF SAID SECTION 18; THENCE N00'21 '22"E ALONG THE EAST LINE OF THE NE114 NE114 OF SAID SECTION 18 - 1290.02 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID NE114 NE114, FROM WHICH A 3-114" BRASS CAP MONUMENTING THE NE CORNER OF SAID SECTION 18 BEARS NOO'21 '22"E - 30.00 FEET; THENCE N59'4,3'1 1"W ALONG SAID SOUTH LINE - 30.21 FEET TO THE PROLONGATION OF THE WEST LINE OF THE EAST 30 FEET OF THE SE114 SE114 OF SAID SECTION 7, T15S R 13E; THENCE NOO'45'22"E ALONG SAID PROLONGATION AND ALONG SAID WEST LINE - 1369.77 FEET TO THE WEST LINE OF THE EAST 30 FEET OF THE NE114 SE114 OF SAID SECTION 7, FROM WHICH A 314" PIPE MONUMENTING THE S1116 CORNER ON THE EAST SHEET 6 OF 15 EXHIBIT PAGE DESCRIPTION - CITY OF REDMOND 2006 URBAN. GROWTH BOUNDARY EXPANSION LINE OF SAID SECTION 7 BEARS S89' 14'50"E - 30.00 FEET; THENCE N00'44'58"E ALONG SAID WEST LINE - 1339.46 FEET TO THE WEST LINE OF THE EAST 30 FEET OF THE SE114 NE114 OF SAID SECTION 7, FROM WHICH A RAILROAD SPIKE MONUMENTING THE E114 CORNER OF SAID SECTION 7 BEARS S89'36'08"E - 30.00 FEET; THENCE N00'02'46"E ALONG SAID WEST LINE - 29.92 FEET TO THE PROLONGATION OF THE NORTH LINE OF THE SOUTH 30 FEET OF THE SW114 NW114 OF SAID SECTION 8, T15S R13E, THENCE S89'4452"E ALONG SAID PROLONGATION AND ALONG SAID NORTH LINE - 1340.61 FEET TO THE NORTH LINE OF THE SOUTH 30 FEET OF THE SE114 NW i/4 OF SAID SECTION 8, FROM WHICH A 314" PIPE MONUMENTING THE C-W 7/16 CORNER OF SAID SECTION 8 BEARS S00' 15'00"W - 30.00 FEET; THENCE S89'45'08"E ALONG SAID NORTH LINE - 1310.50 FEET TO THE NORTH LINE OF THE SOUTH 30 FEET OF THE SW114 NE114 OF SAID SECTION 8, FROM WHICH A 314" PIPE MONUMENTING THE C114 CORNER OF SAID SECTION 8 BEARS SOO'15'09"W - 30.00 FEET; THENCE S89'4434"E ALONG SAID NORTH LINE - 1317.86 FEET TO THE EAST LINE OF SAID SW9/4 NE114, FROM WHICH A 314" PIPE MONUMENTING THE C-E7/16 CORNER OF SAID SECTION 8 BEARS SOO'21'02"W - 30.00 FEET; THENCE NOO'21 '02"E ALONG SAID EAST LINE - 1288.62 FEET TO A 314" PIPE MONUMENTINC THE NE1118 CORNER OF SAID SECTION 8; THENCE N00'21'20"E ALONG THE EAST LINE OF THE NW114 NE114 OF SAID SECTION 8 - 1318.91 FEET TO A 3/4" PIPE MONUMENTING THE E1116 CORNER COMMON TO SAID SECTION 8, T15S R13E, AND SAID SECTION 5, T15S R 13E; THENCE NOO'42'47"E ALONG THE EAST LINE OF THE SW 1 /4 SE 1 /4 OF SAID SECTION 5 - 1321.63 FEET TO A 518" REBAR MONUMENTING THE SE1116 CORNER OF SAID SECTION 5; THENCE NOO'41 '42"E ALONG THE EAST LINE OF THE NW 1 /4 SE 1 /4 OF SAID SECTION 5 1321.45 FEET TO A 518" REBAR MONUMENTING THE C-E1116 CORNER OF SAID SECTION 5; THENCE N00'37'50"E ALONG THE EAST LINE OF THE SW114 NE114 OF SAID SECTION 5 - 1317.84 FEET TO A 1-112" ALUMINUM CAP MONUMENTING THE NE1116 CORNER OF SAID SECTION 5; THENCE NOO'38'23"E ALONG THE EAST LINE OF GOVERNMENT LOT 2 OF SAID SECTION 5 - 1016.51 FEET TO A 518" REBAR ON THE TOP OF THE SOUTHWEST RIM OF THE DRY CANYON; THENCE ALONG SAID SOUTHWEST RIM AS FOLLOWS: N58'09'01 "W - 33.33 FEET TO A 112" PIPE; THENCE N24'20'35"W - 109. 11 FEET TO A 112" PIPE; THENCE N38'39'01 "W - 261.22 FEET TO A 112" PIPE ON THE NORTH LINE OF SAID GOVERNMENT LOT 2; THENCE LEAVING SAID SOUTHWEST RIM - S89'50'06"E ALONG SAID NORTH LINE - 240.04 FEET TO A 518" REBAR MONUMENTING THE E1116 CORNER COMMON TO SAID SECTION 5, T15S R13E, AND SAID SECTION 32, T14S R 13E, THENCE S89'4639"E ALONG THE SOUTH LINE OF THE SE114 SE114 OF SAID SECTION 32 - 1318.29 FEET TO A 3-114" ALUMINUM CAP MONUMENTING THE SW CORNER OF SAID SECTION 33, T14S R13E;,THENCE SB9'56'31"E ALONG THE SOUTH LINE OF THE SW114 OF SAID SECTION 3,3 - 2637.01 FEET TO A .518 " REBAR MONUMENTING THE S114 CORNER OF SAID SECTION 33; THENCE NB9'33'31"E ALONG THE SOUTH LINE OF THE SW114 SE114 OF SAID SECTION 33 - 1319.40 FEET TO A 314" PIPE MONUMENTING THE E1116 CORNER ON THE SOUTH LINE OF SAID SECTION 33; THENCE N89'3328"E ALONG THE SOUTH LINE OF THE SE114 SE114 OF SAID SECTION 33 - 260.19 FEET TO THE EAST R/W OF STATE HIGHWAY U,S. NO. 97, BEING 45 FEET FROM THE CENTERLINE OF SAID HIGHWAY, FROM WHICH A 518" REBAR MONUMENTING THE SE CORNER OF SAID SECTION 33 BEARS N89'33'28"E - 1059.23 FEET, SHEET 7 OF 15 EXHIBIT 13 PAGE DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION AND FROM WHICH A 518" REBAR ON SAID EAST R/W BEARS S08'02'38"W - 0.43 FEET; THENCE LEAVING SAID CURRENT URBAN GROWTH BOUNDARY AND ALONG SAID EAST R/W AS FOLLOWS. N08'02'38"E PARALLEL WITH SAID CENTERLINE - 1327.50 FEET, FROM WHICH A 518" REBAR BEARS N82-W - 0.05 FEET; THENCE N08'02'38"E PARALLEL WITH SAID CENTERLINE - 902.70 FEET TO ENGINEER'S STATION 130+00, FROM WHICH A BENT 518" REBAR BEARS N85-E - 0.12 FEET; THENCE N 1 1'33'55"E - 325.61 FEET TO A 518" REBAR AT ENGINEER'S STATION 133+25, BEING 65 FEET FROM SAID CENTERUNE, THENCE LEAVING SAID EAST R/W - N08°02'38"E PARALLEL WITH SAID CENTERLINE - 101.65 FEET TO THE SOUTH LINE OF THE NE114 OF SAID SECTION 33, FROM WHICH A 3-114" ALUMINUM CAP MONUMENTING THE E114 CORNER OF SAID SECTION 33 BEARS N89'5727"E - 677.49 FEET, AND FROM WHICH A 112" PIPE MONUMENTING THE C114 CORNER OF SAID SECTION 33 BEARS 589'5727"W - 1948.41 FEET; THENCE NOO'02'33"W - 30.00 FEET TO THE NORTH LINE OF THE SOUTH 30 FEET OF SAID NE114, AND TO THE PERSHALL BOUNDARY, BEING A LINE THAT IS PARALLEL WITH AND 30 FEET NORTH OF THE CENTERLINE OF NW PERSHALL WAY; THENCE ALONG SAID PERSHALL BOUNDARY AS FOLLOWS: S89'5727"W ALONG SAID NORTH LINE - 843.83 FEET, FROM WHICH A BENT 7/2" PIPE ON A POINT OF INTERSECTION OF SAID CENTERLINE BEARS S22'42'59"E - 30.25 FEET; THENCE 559'49'11"W - 1498.86 FEET, FROM WHICH A 112" PIPE ON A POINT OF INTERSECTION OF SAID CENTERLINE BEARS S30'07'56"E - 30.00 FEET, THENCE 559'54'57"W - 559.60 FEET; THENCE 187.33 FEET ALONG THE ARC OF A 256.48 FOOT RADIUS CURVE, CONCAVE NORTH, THE LONG CHORD OF WHICH BEARS S80'50'23"W - 183.19 FEET, THENCE N78-14'1 1-W - 148.00 FEET; THENCE 293.30 FEET ALONG THE ARC OF A 542.96 FOOT RADIUS CURVE, CONCAVE NORTH, THE LONG CHORD OF WHICH BEARS N62'45'41"W - 289.74 FEET, FROM WHICH A 112" PIPE ON A POINT OF INTERSECTION OF SAID CENTERLINE BEARS S3634'37"E - 161.44 FEET, THENCE N47-17'1 I-W - 125.22 FEET, FROM WHICH A 112" PIPE ON A POINT OF INTERSECTION OF SAID CENTERLINE BEARS S42'50'08"W - 30.00 FEET; THENCE N47*02'32"W - 266.62 FEET; THENCE 92.25 FEET ALONG THE ARC OF A 242.84 FOOT RADIUS CURVE, CONCAVE NORTHEAST, THE LONG CHORD OF WHICH BEARS N36'09'36"W - 97.69 FEET, THENCE N25'16'40"W - 1.55 FEET; THENCE 221.87 FEET ALONG THE ARC OF A 388.10 FOOT RADIUS CURVE, CONCAVE SOUTHWEST, THE LONG CHORD OF WHICH BEARS N41'39'20"W - 218.86 FEET; THENCE N58'01 '59"W - 97.81 FEET, THENCE 171.06 FEET ALONG THE ARC OF A 606.62 FOOT RADIUS CURVE, CONCAVE NORTHEAST, THE LONG CHORD OF WHICH BEARS N49'57'17"W - 170.49 FEET; THENCE N41'52'35"W - 201.07 FEET; THENCE 138.61 FEET ALONG THE ARC OF A 173.24 FOOT RADIUS CURVE, CONCAVE SOUTH, THE LONG CHORD OF WHICH BEARS N54'47'50"W - 134.94 FEET, FROM WHICH A 112" PIPE ON A POINT OF INTERSECTION OF SAID CENTERLINE BEARS S61'22'07"E - 67.59 FEET, THENCE N87'43'05"W - 345.90 FEET; THENCE 61.30 FEET ALONG THE ARC OF A 72.31 FOOT RADIUS CURVE, CONCAVE NORTH, THE LONG CHORD OF WHICH BEARS N6325'58"W - 59.48 FEET; THENCE LEAVING SAID PERSHALL BOUNDARY - S50'51'09"W ALONG A LINE RADIAL TO SAID CURVE - 88.47 FEET TO THE NORTH LINE OF THE NE714 SE114 OF SAID SECTION 32, T145 R13E, FROM WHICH A 3-114" ALUMINUM CAP MONUMENTING THE E114 CORNER OF SAID SECTION 32 BEARS 589'30'23"E - 30.00 FEET, THENCE SOO'08'09"W ALONG THE WEST LINE OF THE EAST 30 FEET OF SAID SHEET 8 OF 15 EXHIBIT -L- PAGE DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION NE114 SE114 - 1312.51 FEET TO THE SOUTH LINE OF SAID NE114 SE114, FROM WHICH A 314" PIPE MONUMENTING THE S1116 CORNER ON THE EAST LINE OF SAID SECTION 32 BEARS S89°37'17 E - 30.00 FEET, THENCE N89'37' 17"W ALONG SAID SOUTH LINE - 1285.91 FEET TO A 518" REBAR MONUMENTING THE SE1116 CORNER OF SAID SECTION 32; THENCE N89'40'26"W ALONG THE NORTH LINE OF THE SW I14 SE 114 OF SAID SECTION 32 - 1315.46 FEET TO THE C-SI116 CORNER OF SAID SECTION 32 (NO MONUMENT FOUND), FROM WHICH A 112" PIPE MONUMENTING THE C114 CORNER OF SAID SECTION 32 BEARS NOO' 19' 15"E - 1318.92 FEET; THENCE S00' 19' 15"W ALONG THE EAST LINE OF THE SW 114 OF SAID SECTION 32 - 1288.92 FEET TO THE NORTH LINE OF THE SOUTH 30 FEET OF SAID SW114, FROM WHICH A 2-112" BRASS CAP MONUMENTING THE 114 CORNER COMMON TO SAID SECTION 32, T14S R13E, AND SAID SECTION 5, T15S R 13E. BEARS S00' 19' 15" W - 30.00 FEET; THENCE N89'32'15"W ALONG SAID NORTH LINE 1320.16 FEET; THENCE S00'27'45"W - 30.00 FEET TO THE W1116 CORNER ON THE NORTH LINE OF SAID SECTION 5 (NO MONUMENT FOUND), FROM WHICH SAID COMMON 1 /4 CORNER BEARS S89'32' 15"E - 1320.23 FEET, AND FROM WHICH A 2-112" BRASS CAP MONUMENTING THE NW CORNER OF SAID SECTION 5 BEARS N89'32' 15"W 1320.23 FEET; THENCE S00'33'41"W ALONG THE EAST LINE OF GOVERNMENT LOT 4 OF SAID SECTION 5 - 1341.04 FEET TO THE NW1116 CORNER OF SAID SECTION 5 (NO MONUMENT FOUND), FROM WHICH A 314" PIPE MONUMENTING THE C-WI116 CORNER OF SAID SECTION 5 BEARS S00'33'41"W - 1323.71 FEET, AND FROM WHICH A 314" PIPE MONUMENTING THE N1116 CORNER ON THE WEST LINE OF SAID SECTION 5 BEARS N89'41 '52"W - 1317.45 FEET; AND FROM WHICH A 314" PIPE MONUMENTING THE C-N 1116 CORNER OF SAID SECTION 5 BEARS S89'41 '52"F - 1317.59 FEET; THENCE N89'41 '52"W ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 - 81.50 FEET TO THE PROLONGATION OF THE WEST LINE OF PARCEL I OF DESCHUTES COUNTY MINOR PARTITION NO, 85-12; THENCE S00'00' 13"E ALONG SAID PROLONGATION - 60.11 FEET TO A 112" REBAR MONUMENTING THE NW CORNER OF SAID PARCEL I, THENCE S00'00' 13"E ALONG SAID WEST LINE - 1263.84 FEET TO A 112" REBAR MONUMENTING THE SW CORNER OF SAID PARCEL I; THENCE S69'53'25"E ALONG THE SOUTH LINE OF SAID PARCEL I - 68.45 FEET TO A 314" PIPE MONUMENTING SAID C-W1116 CORNER; THENCE S00'4341"W ALONG THE EAST LINE OF THE' NW114 SW114 OF SAID SECTION 5 - 1320.07 FEET TO A 5/8" REBAR MONUMENUNG THE SW 1116 CORNER OF SAID SECTION 5; THENCE N89'48' 18" W ALONG THE SOUTH LINE OF SAID NW 114 SW 114 - 1315.94 FEET TO A 314" PIPE MONUMENTING THE S1/16 -CORNER COMMON TO SAID SECTION 5, T15S R13E, AND SAID SECTION 6, T15S R 13E, THENCE N89' 14'31 "W - 30.00 FEET TO THE WEST LINE OF THE EAST 30 FEET OF THE SE114 SE114 OF SAID SECTION 6; THENCE SOO'45'29" W ALONG SAID WEST LINE - 1268.87 FEET TO THE NORTH LINE OF THE SOUTH 50 FEET OF SAID SE114 SE114, FROM WHICH A 3-114" ALUMINUM CAP MONUMENTING THE SE CORNER OF SAID SECTION 6 BEARS S3i718'36"E - 58.13 FEET; THENCE N89'38' 13"W ALONG SAID NORTH LINE - 1283.15 FEET TO THE NORTH LINE OF THE SOUTH 50 FEET OF THE SW114 SE114 OF SAID SECTION 6, FROM WHICH A 314" PIPE MONUMENTING THE E1116 CORNER COMMON TO SAID SECTION 6, T75S R13E, AND SAID SECTION 7, T15S R13E, BEARS SOO.21'27"W - 50,00 FEET; THENCE N89°38'52"W ALONG SAID NORTH LINE AND ITS PROLONGATION - 1342.62 FEET TO THE PROLONGATION OF THE WEST LINE OF THE SHEET 9 OF 15 EXHIBIT PAGE / Q DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION EAST 30 FEET OF THE NE114 NW114 OF SAID SECTION 7, AND TO THE NORTH HELMHOLTZ BOUNDARY, BEING A LINE THAT IS APPROXIMATELY PARALLEL WITH AND 30 FEET WEST OF THE CONSTRUCTED CENTERLINE OF HELMHOLTZ WAY, FROM WHICH A 3/4" PIPE MONUMENTING THE 114 CORNER COMMON TO SAID SECTION 6 AND SAID SECTION 7 BEARS S30'24'05"E - 58.18 FEET, THENCE ALONG SAID NORTH HELMHOLTZ BOUNDARY AS FOLLOWS: S00'38' 16"W ALONG SAID PROLONGATION AND ALONG SAID WEST LINE - 1371.46 FEET TO THE WEST LINE OF THE EAST 30 FEET OF THE SE114 NW114 OF SAID SECTION 7, FROM WHICH A 2" ALUMINUM CAP MONUMENTING THE C-N1116 CORNER OF SAID SECTION 7 BEARS S89'21'50"E - 30.00 FEET; THENCE SOD"38'04"W ALONG SAID WEST LINE - 1321.80 FEET TO THE WEST LINE OF THE EAST 30 FEET OF THE SWI14 OF SAID SECTION 7, FROM WHICH A 2" ALUMINUM CAP MONUMENTING THE C114 CORNER OF SAID SECTION 7 BEARS S89'21 '52"E - 30.00 FEET; THENCE S00'38'01"W ALONG SAID WEST LINE - 505.28 FEET; THENCE 139.40 FEET ALONG THE ARC OF A 670.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S06'.35'3,9" W - 139.15 FEET; THENCE S 12'33' 16" W - 750.00 FEET; THENCE 260.26 FEET ALONG THE ARC OF A 730.00 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD 'OF WHICH BEARS S02'20'28"W - 258.88 FEET; THENCE S07'52'20"E - 250.00 FEET, THENCE 218.23 FEET ALONG THE ARC OF A 1470.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S0337'10"E - 218.03 FEET TO SAID WEST LINE; THENCE 500'38'01"W ALONG SAID WEST LINE - 466.43 FEET, THENCE 232.24 FEET ALONG THE ARC OF AN 870.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S08' 16'52" W - 231.55 FEET, THENCE S15-55'42- W 150.00 FEET; THENCE 376.91 FEET ALONG THE ARC OF AN 830.00 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS S0255'09" W - 373.68 FEET, FROM WHICH A 518" REBAR MONUMENTING THE 114 CORNER COMMON TO SAID SECTION 7, T155 R 13E, AND SAID SECTION 18, T15S R 13E, BEARS N65' 14'39"E = 127.61 FEET; THENCE LEAVING SAID NORTH HELMHOLTZ BOUNDARY - S795435"W ALONG A LINE RADIAL TO SAID CURVE - 20.00 FEET TO THE CENTRAL HELMHOLTZ BOUNDARY, BEING A LINE THAT IS APPROXIMATELY PARALLEL WITH AND 50 FEET WEST OF THE CONSTRUCTED CENTERLINE OF.HELMHOLTZ WAY; THENCE ALONG SAID CENTRAL HELMHOLTZ BOUNDARY AS FOLLOWS: S10'05'25"E - 400.00 FEET; THENCE 153.07 FEET ALONG THE ARC OF AN 850.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S04°56'00"E - 152.80 FEET TO THE WEST LINE OF THE EAST 50 FEET OF THE NW 1 /4 OF SAID SECTION 16; THENCE S00'13'25"W ALONG SAID WEST LINE - 1463.28 FEET, THENCE 91.18 FEET ALONG THE ARC OF AN 850.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S03' 1748"W - 9T.74 FEET; THENCE S06'22' 11 "W - 150.00 FEET; THENCE 177.65 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS SOO'24'58"E - 177.24 FEET; THENCE S07' 12'07"E - 150.00 FEET, FROM WHICH A 2" ALUMINUM CAP MONUMENTING THE C114 CORNER OF .SAID SECTION 18 BEARS N82'47'55"E - 50.00 FEET; THENCE 108.70 FEET ALONG THE ARC OF AN 850.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S03'32' 19"E - 108.62 FEET, THENCE S00'07'29"W - 2085.94 FEET; THENCE 448.20 FEET ALONG THE ARC OF A 666.20 FOOT RADIUS CURVE, 'CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S19'23'54"W SHEET 10 OF 15 EXHIBIT PAGE DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION 439.79 FEET, TO THE NORTH LINE OF THE SOUTH 30 FEET OF THE SE1 j4 SW114 OF SAID SECTION 18; THENCE LEAVING SAID CENTRAL HELMHOLTZ BOUNDARY - N89'30'20"W ALONG SAID NORTH LINE, AND ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE CONSTRUCTED CENTERLINE OF SW OBSIDIAN AVENUE - 773,48 FEET, THENCE ALONG SAID PARALLEL LINE AND 99.37 FEET ALONG THE ARC OF A 1470.00 FOOT RADIUS CURVE, CONCAVE NORTH, THE LONG CHORD OF WHICH BEARS N87'34'09"W - 99.35 FEET; THENCE N85'37'57"W ALONG SAID PARALLEL LINE - 317.14 FEET; THENCE S04°22'03"W - 54.90 FEET TO A 314" PIPE MONUMENTING THE W1116 CORNER COMMON TO SAID SECTION 18, T15S R 13E, AND SAID SECTION 19, T155 R13E, FROM WHICH A 112" ROD MONUMENTING THE 114" CORNER COMMON TO SAID SECTION 16 AND SAID SECTION 19 BEARS S89'30'20"E - 1316.16 FEET, THENCE SOO'40'20"E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 19 - 1320.67 FEET TO A RAILROAD SPIKE IN A JUNIPER TREE MONUMENTING THE NW 1116 CORNER OF SAID SECTION 19; THENCE N89'39'20" W ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1 - 1275.95 FEET TO THE N 1/7 6 CORNER COMMON TO SAID SECTION 19, T15S R13E, AND SAID SECTION 24, T15S R12E (NO MONUMENT FOUND), FROM WHICH A 2-1/2" BRASS CAP MONUMENTING THE NE CORNER OF SAID SECTION 24 BEARS NOO'02' 19" W - 1323.58 FEET; THENCE S00°02'19 E ALONG THE EAST LINE OF THE SE114 NE114 OF SAID SECTION 24 - 1323.58 FEET TO A I" DRILL BIT MONUMENTING THE EAST 114 CORNER OF SAID SECTION 24; THENCE N89'51'58"W ALONG THE NORTH LINE OF THE NE114 SE114 OF SAID SECTION 24 - 1403.44 FEET TO A 314" PIPE MONUMENTING THE C--EII16 CORNER OF SAID SECTION 24, THENCE SOO' 11 '44"W ALONG THE WEST LINE OF SAID NE114 SE114 - 335.22 FEET TO THE SOUTH LINE OF PARCEL 1 OF DESCHUTES COUNTY PARTITION PLAT NO, 1991-23 (NO MONUMENT FOUND); THENCE S89'47' 13"E ALONG SAID SOUTH LINE - 126.97 FEET TO A 112" PIPE; THENCE S89'47'13"E ALONG SAID SOUTH LINE - 25.00 FEET TO THE CENTERLINE OF CENTRAL OREGON IRRIGATION DISTRICT'S LATERAL "B"; THENCE ALONG SAID LATERAL CENTERLINE AS FOLLOWS: 36.85 FEET ALONG THE ARC OF A NON-TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS S17'22'48"E - 36.27 FEET; THENCE S34°58'22"E - 611.84 FEET; THENCE S28'49'09"E - 333.25 FEET, THENCE 92.05 FEET ALONG THE ARC OF A 210.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS S16'15'44"E - 91.31 FEET, FROM WHICH A 112" PIPE ON THE SOUTH LINE OF PARCEL 2 OF SAID PARTITION PLAT BEARS N89'48'04"E - 45.09 FEET, THENCE 503'42'18"E - 375.98 FEET, THENCE 135.77 FEET ALONG THE ARC OF A 390.00 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS S13'40'42"E - 135.09 FEET; THENCE S23'39'05"E - 286.56 FEET; THENCE 134.41 FEET ALONG THE ARC OF A 450.00 FOOT RADIUS CURVE CONCAVE NORTHEAST, THE LONG CHORD OF WHICH BEARS S32-12.29"E - 133.91 FEET; THENCE S40'45'52"E - 149.37 FEET; THENCE 121.31 FEET ALONG THE ARC OF A 240.00 FOOT RADIUS CURVE, CONCAVE SOUTHWEST, THE LONG CHORD OF WHICH BEARS S26' 17'03"E - 120.02 FEET; THENCE S 11'48' 14"E - 77.58 FEET, THENCE 167.59 FEET ALONG THE ARC OF A 300.00 FOOT RADIUS CURVE, CONCAVE NORTHEAST, THE LONG CHORD OF WHICH BEARS S2748'28"E - 165.42 FEET; THENCE S43'48'42"E - 95.05 FEET TO A 112" PIPE ON THE NORTH LINE OF THE NE114 NE114 OF SAID SECTION 25, T15S R12E FROM WHICH A 3-.114" BRASS CAP SHEET 11 OF 15 EXHIBIT PAGE LZ-- DESCRIPTION - CITY OF REOMOND 2006 URBAN GROWTH BOUNDARY EXPANSION MONUMENTING THE NE CORNER OF SAID SECTION 25, ALSO BEING THE INITIAL POINT OF THIS DESCRIPTION, BEARS S89'57'37"E - 130.86 FEET; THENCE S43'48'42"E - 41.60 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID NE114 NE114; THENCE LEAVING SAID LATERAL CENTERLINE - S8957'37"E ALONG SAID SOUTH LINE - 92.69 FEET TO THE WEST R/W OF SW HELMHOLTZ WAY, BEING 30 FEET FROM THE CENTERLINE OF SAID ROADWAY, AND TO THE CURRENT URBAN GROWTH BOUNDARY OF THE CITY OF REDMOND; THENCE N00'43'19'"E ALONG SAID WEST R/W AND ALONG SAID CURRENT URBAN GROWTH BOUNDARY (PREVIOUSLY CITED AS N00'42'49"E) - 30.00 FEET TO THE POINT OF BEGINNING. SAID NORTHERLY TRACT CONTAINING APPROXIMATELY 1833.2 ACRES, AND SAID SOUTHERLY TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3-114" BRASS CAP MONUMENTING THE NE CORNER OF SAID SECTION 25, T15S R12E, THE INITIAL POINT; THENCE N69'57'37"W ALONG THE NORTH LINE OF THE NE114 NE114 OF SAID SECTION 25 - 9.00 FEET TO THE WEST R/W OF SW HELMHOLTZ WAY, THIS LINE BEING THE SOUTH HELMHOLTZ BOUNDARY, AS ESTABLISHED BY DESCHUTES COUNTY ENGINEER ROBERT GOULD, IN HIS MAP OF WHITTED MARKET ROAD, 1927, ALSO BEING 30 FEET FROM THE CENTERLINE OF SAID ROADWAY, AND TO THE CURRENT URBAN GROWTH BOUNDARY OF THE CITY OF REDMOND; THENCE S00'43' 19" W ALONG SAID SOUTH HELMHOLTZ - BOUNDARY AND ALONG SAID CURRENT URBAN GROWTH BOUNDARY - 158.60 FEET (PREVIOUSLY CITED AS NOO'42'49"E - 158.75 FEET) TO THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH HELMHOLTZ BOUNDARY AS FOLLOWS: S00'43' 19"W '2267.59 FEET; THENCE 100.13 FEET ALONG THE ARC OF A 22,948.32 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS S00'35'49"W - 100.13 FEET, FROM WHICH A PK NAIL IN A 314" PIPE MONUMENTING THE 114 CORNER COMMON TO SAID SECTION 25, T 15S R 12E, AND SAID SECTION 30, T 15S R 7 3E, BEARS S 12'21 '27"E - 111.35 FEET; THENCE SOO'28' 19" W - 1440.24 FEET, FROM WHICH A 112" PIPE MONUMENTING THE SW CORNER OF PARCEL 1 OF DESCHUTES COUNTY PARTITION PLAT NO. 1999-03 BEARS S89'31'41"E - 60.02 FEET; THENCE S00'28' 19"W - 1330.78 FEET, FROM WHICH A 3-114" BRASS CAP MONUMENTING THE CORNER COMMON TO SAID SECTIONS 25 AND 36, T 15S R 12E, AND SAID SECTIONS 30 AND 31, T15S R13E, BEARS S85'49'04"E - 22.03 FEET, AND FROM WHICH A 314" PIPE MONUMENTING THE CENTERLINE INTERSECTION OF HELMHOLTZ WAY AND SW ELKHORN AVENUE SEARS S89'31 '30"E - 30.00 FEET; THENCE SOO'28'41 "W - 2993.75 FEET, FROM WHICH A 314" PIPE BEARS S89'31 ' 19"E - 60.00 FEET, THENCE 356.83 FEET ALONG THE ARC OF A 985.30 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS 509'53'49"E - 354.89 FEET, FROM WHICH A PIPE BEARS N69'32'36"E - 60.11 FEET,• THENCE S20' 16' 19'E - 662.80 FEET; THENCE 349.17 FEET ALONG THE ARC OF A 379.26 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS SO6*06'10"W - 336.97 FEET; THENCE LEAVING SAID SOUTH HELMHOLTZ BOUNDARY - S57'31'21"E ALONG A LINE RADIAL TO SAID CURVE - 70.00 FEET TO THE SOUTH CANAL BOUNDARY, BEING A LINE 40 FEET SOUTHEAST OF THE CENTERLINE OF THE OLD DALLES- CALIFORNIA HIGHWAY (SOUTH CANAL BOULEVARD) AS ESTABLISHED BY OREGON STATE HIGHWAY DEPARTMENT RESIDENT ENGINEER G. 1. SHEET 12 OF 15 EXHIBIT !5 PAGE I _3 DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION ! STEBBINS, IN HIS MAP OF THE DALLES-CALIFORNIA HIGHWAY (DESCHUTES COUNTY - BEND - JEFFERSON COUNTY LINE SECTION), 1919; THENCE ALONG SAID SOUTH CANAL BOUNDARY AS FOLLOWS: N32'28'39"E - 867.07 FEET TO A 518" REBAR, FROM WHICH A BENT 314" PIPE BEARS N57'42'52"W - 69.59 FEET; THENCE 253.49 FEET ALONG THE ARC OF A 2904.79 FOOT RADIUS CURVE, CONCAVE NORTHWEST, THE LONG CHORD OF WHICH BEARS N29'58'39"E - 253.41 FEET, FROM WHICH A 518" REBAR BEARS S43'E - 0.09 FEET; THENCE N2728'39"E - 704.10 FEET, FROM WHICH A BENT 518" REBAR BEARS N21'W - 0.26, AND FROM WHICH A 3/4" PIPE BEARS N62'3622"W - 70.27 FEET; THENCE 145.02 FEET ALONG THE ARC OF A 1392.19 FOOT RADIUS CURVE, CONCAVE SOUTHEAST, THE I LONG CHORD OF WHICH BEARS N30'27'42"E - 144.96 FEET TO A BENT 518" REBAR ON THE NORTH LINE OF GOVERNMENT LOT 3 OF SAID SECTION 31; THENCE 97.96 FEET ALONG THE ARC OF A 1392.19 FOOT RADIUS CURVE, CONCAVE SOUTHEAST, THE LONG CHORD OF WHICH BEARS N3527'42"E - 97.94 FEET; THENCE N3728'39"E - 46.05 FEET, FROM WHICH A 5/8" REBAR BEARS N52'31 '21"W - 9.44 FEET; THENCE N37'26'39"E - 731,25 FEET, FROM WHICH A 518" REBAR BEARS N52'31 '21 "W - 9.85 FEET, THENCE N37'26'39"E - 1450.55 FEET, FROM WHICH A 60d SPIKE BEARS N52'3121"W - 10.25 FEET, THENCE N37'28'39"E - 557.98 FEET, FROM WHICH A 314" PIPE BEARS N52'31 21 "W - 10.00 FEET; THENCE N3728'39" E - 390.88 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF THE NW 114 NE114 OF SAID SECTION 31, FROM WHICH A 314" PIPE MONUMENTING THE N114 CORNER OF SAID SECTION 31 BEARS N86'50'16"W - 583.16 FEET; THENCE LEAVING SAID SOUTH CANAL BOUNDARY - 589'47'12"E ALONG SAID SOUTH LINE - 746.70 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF THE NE114 NE114 OF SAID SECTION 31, FROM WHICH A 112" REBAR MONUMENTING THE E1116 CORNER ON THE NORTH LINE OF SAID SECTION 31 BEARS N00'15'26"E - 30.00 FEET; THENCE S89'41'57"E ALONG SAID SOUTH LINE - 1328.48 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF THE NW114 NW114 OF SAID SECTION 32, T15S R13E, FROM WHICH A 3-114" BRASS CAP MONUMENTING THE NW CORNER OF SAID SECTION 32 BEARS N00' 18'03"E - 30.00 FEET; THENCE N69'28'00"E ALONG SAID SOUTH LINE - 796.35 FEET TO THE CENTERLINE OF THE BONNEVILLE POWER ADMINISTRATION (S.P.A.) REDMOND - PILOT BUTTE POWER TRANSMISSION LINE; THENCE N27' 10'49" W ALONG SAID B.P.A. CENTERLINE - 33.56 FEET TO THE SOUTH LINE. OF THE SW 1/4 SW 114 OF SAID SECTION 29, T15S R 13E, AND TO THE CURRENT URBAN GROWTH BOUNDARY OF THE CITY OF REDMOND, FROM' WHICH A 518" REBAR MONUMENTING THE W1118 CORNER ON THE SOUTH LINE OF SAID SECTION 29 BEARS N89'28'00"E - 550.11 FEET; THENCE ALONG SAID CURRENT URBAN GROWTH BOUNDARY FOR THE REMAINDER OF THIS DESCRIPTION, AND AS FOLLOWS: N27'10'49"W ALONG SAID B.P.A. CENTERLINE - 1480.89 FEET TO THE NORTH LINE OF SAID SW114 SW114, FROM WHICH A 112 PIPE ON SAID NORTH LINE BEARS N89-50.55"E - 31.13 FEET; THENCE S89'50'55"W ALONG SAID NORTH LINE - 110.73 FEET TO A 3/4" PIPE MONUMENTING THE 51116 CORNER COMMON TO SAID SECTION 29 AND SAID SECTION 30• THENCE N89°40'42"W ALONG THE NORTH LINE OF THE SE114~ SE114 OF SAID SECTION 30 - 1324.00 FEET TO AN 8d NAIL AND WASHER IN THE NW CORNER OF A ROCK CRIB MONUMENTING THE SE1116 CORNER OF SAID SECTION 30; THENCE N89'43'1 1"W ALONG THE NORTH LINE OF THE SWI14 SE114 OF SAID SECTION 30 - 1324.61 FEET TO THE C-SI116 SHEET 13 OF 15 EXHIBIT PAGE /y DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION CORNET? OF SAID SECTION 3D (NO MONUMENT FOUND), FROM WHICH A 314" PIPE MONUMENTING THE S114 CORNER OF SAID SECTION 30 BEARS S00'06'52"W 1326.32 FEET, AND FROM WHICH A 314" PIPE MONUMENTING THE C114 CORNER OF SAID SECTION 30 BEARS N00'06'52"E - 1326.32 FEET; THENCE N89'49' 19"W ALONG THE NORTH LINE OF THE SE114 SWI14 OF SAID SECTION 30 - 629.33 FEET TO A 112" PIPE; THENCE N89.49'19"W ALONG SAID NORTH LINE - 45.43 FEET TO THE CENTERLINE OF SAID LATERAL "B", FROM WHICH A 314" PIPE MONUMENTING THE SW 1/16 CORNER OF SAID SECTION 30 BEARS N89'49'19 W - 642.15 FEET, THENCE ALONG SAID LATERAL CENTERLINE AS FOLLOWS: N08'05'36"E - 273.34 FEET; THENCE 263.49 FEET ALONG THE ARC OF A 450.00 FOOT RADIUS CURVE, CONCAVE WEST, THE LONG CHORD OF WHICH BEARS N08'40'51"W - 259.74 FEET; THENCE N25'27'19"W - 888.59 FEET, FROM WHICH A 112" PIPE ON THE NORTH LINE OF DESCHUTES COUNTY MAJOR PART1710N NO. MJP-78-20 BEARS S89'42'43"E - 50.01 FEET, AND FROM WHICH A 112- PIPE ON SAID NORTH LINE BEARS N89'42'43"W - 27.75 FEET, THENCE N25'27' 19"W - 301.73 FEET; THENCE 145.06 FEET ALONG THE ARC OF A 900.00 FOOT RADIUS CURVE, CONCAVE EAST, THE LONG CHORD OF WHICH BEARS N20'50' 16" W - 144.90 FEET; THENCE N16-13'13"W - 927.39 FEET, FROM WHICH A 518" REBAR ON THE SOUTH LINE OF DESCHUTES COUNTY PARTITION PLAT NO., 2000-52 BEARS N73'46'47"E - 52.03 FEET; THENCE N 16' 13' 13"W - 197.97 FEET; THENCE 190.13 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWEST, THE LONG CHORD OF WHICH BEARS N30'08'47"W - 188.35 FEET; THENCE N43'45'50"W - 447.86 FEET; THENCE 93.18 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWEST, THE LONG CHORD OF WHICH BEARS N49'06' 10"W - 93.04 FEET; THENCE N5426'29"W - 378.21 FEET, FROM WHICH A 518" REBAR ON THE NORTH LINE OF SAID PARTITION PLAT BEARS N35'3331 "E - 64.96 FEET,• THENCE N54'26'29"W - 171.30 FEET; THENCE 141.23 FEET ALONG THE ARC OF A 600.00 FOOT RADIUS CURVE, CONCAVE NORTHEAST, THE LONG CHORD OF WHICH BEARS N47'41'54"W - 140.90 FEET, THENCE N69'56'28"W ALONG A NON- TANGENT LINE - 54.32 FEET; THENCE N24'20'57"W ALONG SAID LATERAL CENTERLINE, AND ALONG SAID CURRENT URBAN GROWTH BOUNDARY - 17.26 FEET (PREVIOUSLY CITED AS 17.20 FEET) TO THE POINT OF BEGINNING. SAID SOUTHERLY TRACT CONTAINING APPROXIMATELY 461.4 ACRES, AND SAID RUSSELL TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3-114" BRASS CAP MONUMENTING THE NW CORNER 'OF SAID SECTION 30, T15S R13E, THE INITIAL POINT, THENCE S56"21'04"E - 9541.45 FEET TO A 3-114" BRASS CAP MONUMENTING THE N114 CORNER OF SAID SECTION 32, T 15S R 13E, AND TO THE POINT OF BEGINNING; THENCE S89'24'30"W ALONG THE NORTH LINE OF THE NE114 NW114 OF SAID SECTION 32, AND ALONG SAID CURRENT URBAN GROWTH BOUNDARY - 709.82 FEET TO THE SOUTHEAST R/W OF STATE HIGHWAY U.S. NO, 97, BEING 90 FEET FROM THE CENTERLINE OF SAID HIGHWAY, FROM WHICH A 518" REBAR MONUMENTING THE W1116 CORNER ON THE NORTH LINE OF SAID SECTION 32 BEARS S89'24'30" W - 621.10 FEET; THENCE S35'37'49"W ALONG SAID SOUTHEAST R/W - 299.97 FEET TO THE SOUTH LINE OF THE NORTH 242 FEET OF SAID NE114 NW114; THENCE SHEET 14 OF 15 EXHIBIT PAGE_ ( DESCRIPTION - CITY OF REDMOND 2006 URBAN GROWTH BOUNDARY EXPANSION N89°24'30"E ALONG SAID SOUTH LINE - 881.61 FEET TO THE EAST LINE OF SAID NE114 NW114, FROM WHICH A 60d SPIKE IN THE CENTER OF A STONE MOUND MONUMENTING THE C114 CORNER OF SAID SECTION 32 BEARS S00'42' 13"W - 2399.56 FEET; THENCE N00'42'13"E ALONG SAID EAST LINE - 242.06 FEET TO'THE POINT OF BEGINNING. SAID RUSSELL TRACT CONTAINING APPROXIMATELY 4.4 ACRES. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 15, 1983 WILLIAM G. BAHRKE 2039 Renewal Date: 12/31/05 PREPARED JULY 19, 2006 POVEY AND " ASSOC. LAND SURVEYORS P. 0. BOX 131, REDMOND,. OR 97756 (541) 548-6778 06-181B.DWG SHEET. 15 OF 15 Legend CitY Umit _ Urban Holding -10 (UH-10) Urban Reserve Area o~ in.«era,e,m.,,.c~~nerto„eore~.e...o~o~r~w. mnv.o~.a ,r,'~ga,,.`°...rdi aiy~a~rdlb~[f1vMV Mw~.. ~YW nYpiea~i. wwri Deschutes County Zoning Exhibit "C" to Ordinance 2006-019 ( V 1 0.5 0 Miles August 01. 2006 BOARD OF COUNTY COMMISSIONERS OFDESCHUTES COUNTY, OREGON D nnis R. Luke. Chair Q- V M4 re)