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2008-6-Ordinance No. 2007-024 Recorded 1/4/2008REVIEWED LEGAL UNSEL DESCHUTES COUNTY OFFICIAL RECORDS r} NANCY BLANKENSHIP, COUNTY CLERK Q COMMISSIONERS' JOURNAL 01/04/1008 03;03;00 PM 11111111111111111111111111 2008-6 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Deschutes County Comprehensive Plan Map, to Expand and * ORDINANCE NO. 2007-024 Relocate the City of Bend Urban Growth Boundary, and Declaring an Emergency. WHEREAS, The Bend-LaPine School District has proposed a Comprehensive Plan Map Amendment to relocate the City of Bend Urban Growth Boundary, without an exception to state land use goals, in order to establish a new elementary school site in accordance with the "2005 Sites and Facilities Plan"; and WHEREAS, the County Hearings Officer conducted a public hearing on this request on July 31, 2007, and issued a decision approving the request on September 14, 2007; and WHEREAS, notice was given and review of the Hearings Officer decision was conducted on December 31, 2007, before the Board of County Commissioners (`Board") in accordance with applicable law; and WHEREAS, the DCC 22.28.030(B) requires that the Board adopt the Hearings Officer's Decision in the absence of an appeal or review initiated by the Board; and WHEREAS, no appeal was filed and the Board did not initiate review of the Hearings Officer's decision; and now therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. The Deschutes County Comprehensive Plan Map is hereby amended to relocate the City of Bend Urban Growth Boundary to include the subject property, described by the legal description attached hereto as Exhibit "A" and the map set forth as Exhibits "B" and `B-1". Section 2. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of the Hearings Officer for PA-07-7, attached as Exhibit "C," and by this reference incorporated herein. PAGE 1 OF 2 - ORDINANCE NO. 2007-024 (12-31-07) Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this U~ - of , 2007 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: (J)~ Recording Secretary Date of 15` Reading: 3 ( day of b~-- , 2007. Date of 2"d Reading: 34 day of , 2007. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly Dennis R. Luke Tammy Baney y Effective date: 3-1 day of , 2007. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2007-024 (12-31-07) Legal Description for Bend LaPine School District Re: Urban Growth Boundary Annexation December 28, 2007 Situate in the southeast quarter of Section 35, Township 17 South, Range 11 East, W.,M.,, Deschutes County, Oregon and being described as follows: Beginning at the intersection of'the south right-of'way line of'Skyliner Road and the east line of'said Section .35, said point being North 0°14'01" East, a distance of 425.06 feet from the southeast corner of said Section 35, a found 3" brass cap, 0.5' below the top of asphalt in a monument box, marked David Evans & Associates 1990 PIS 1068, reset 2003, PLS 1052; thence on the said south right-of-way line the following courses: South 86°58'40" West, a distance of 340..04 feet; thence North 0°15'57" East, a distance of 10.02 feet; thence South 86°58'40" West, a distance of 1,231,68 feet; thence leaving said south right-of-way line North 03°01'20" West a distance of 71 69 feet to the beginning of 'a tangent 368..03 foot radius curve right; thence on said curve through a central angle of 3°01'52" (long chord bears North 01°30'24" West, 19.47 feet) an arc distance of 19.47 feet to the end thereof; thence, North 0°00'32" East, a distance of'440.93 feet to the beginning of a tangent 545 00 foot radius curve right; thence on said curve through a central angle of 38°27'59" (long chord bears North 19°14'31" East, a distance of 359.,06 feet) an arc distance of 365.89 feet to the end thereof, thence North 38°28'31" East a distance of 236.17 feet to the beginning of a non- tangent 860.00 foot radius left (the radius bears North 40°27'55" East); thence on said curve through a central angle of 40°28'27" (long chord bears South 69°45'31" East, a distance of 594.84 feet) an arc distance of 607 38 feet to the end thereof; thence South 89°59'28" East, a distance of 156.68 feet; thence South 0°00'32" West, a distance of 337 80 feet; thence North 89°59'28" West, a distance of 60 00 &et; thence South 0°00'32" West, a distance of 195.13 feet to the beginning of 'a tangent 11 00 foot radius curve right; thence on said curve through a central angle of 35°46'25" (long chord bears South 17°53'44" West, 6.76 feet) an arc distance of 6.87 feet to the end thereof and the beginning of a tangent 59 5.3 foot radius curve left; thence on said curve through a central angle of 80°19'06" (tong chord bears South 4°36'16" East, 76,79 feet) an arc distance of 83 45 feet tot the end thereof; thence South 0°00'32" West, a distance of 125.51 feet to a point on the north right-of-way line of Skyliner Road; thence North 86°58'40" East on said north right-of-way line, a distance of 650.86 feet to a point on the east line of said Section 35; thence South 0°14'01" West on said east section line, a distance of 70 11 feet to the point of beginning containing 19.86 acres, more or less.. Together with that 10 foot road dedication of Skyliners Road as dedicated on Partition Plat 2007-83 recorded as instrument 2007-65925 Deschutes County Records.. PEG1~ STERED~ pPOFESSIONAL The basis of bearing of'this description is the Central Oregon Coordinate System. LAND SURVEYOR Jl.!U? 18 1382 DAILE N. PRRMF T 1978 RENEWAL GATE. DEIG. 31, Y:\project\94400\14481\Su:vey\L,egal\Rcvised Bend LapinE School Dist UGB r\rtnex legal 9-17-07 doe ❑o 0 Growth Boundary ;passion Area Legend COMPREHENSIVE PLAN MAP Q UGB Expansion Area File No. PA-07-07 Exhibit "B" - Urban Growth Boundary to Ordinance No. 2007-024 0 500 1.000 2,000 r..Y...m+>~.~w Feet December 19, 2007 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Michael M. Daly, Chair Dennis R. Luke, Vice Chair Tammy Baney, Commissioner ATTEST: Recording Secretary Dated this _ day of December, 2007 Effective Date: December 2007 • •~v R-71.00' L=108.40' As87'28'33' A-35'58'32" L~111.53' A=90'00'00" R=541.28' L-386.23' A-38'48'01" N90'00'00"V!f 60.00 4"E SKYLlh M RD NORTH Q0 0' 150' , SCALE: 1'=3000'11 Field wewated Orawn JB LAOCK" By ; - DAN - YAX " j SOUTH UNE. SECTION 35 URBAN GROWTH BOUNDARY ANNEXATION EXHIBIT LOCATED IN THE SE Y4 OF SECTION 35, T.17S., R.11 E., W.M., CITY OF BEND, DESCHUTES COUNTY, OREGON 340.04 10'15'57"E-X S88'58'40"W %0~ 10.02 o c SE CORNER SECTIO $ 35, T17S., R11E. yr ON. 35 116 2 1 URBAN GROWTH BOUNDARY . ANNEXATION EXHIBIT 14481 CITY OF BEND, DESCHUTES 4818190 COUNTY, OREGON Fft Ma 1 OF 1 Page 2 of 2 - Exhibit "B-1" to Ordinance 2007-024 (12-31-07)