2008-91-Ordinance No. 2008-010 Recorded 2/21/2008REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS CJ 7008'91
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
LEGAL COUNSEL 02/21/204$ 09;21;33 AM
I I I I IIII II I II I VIII) III
-1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, the Deschutes *
County Comprehensive Plan, to Remove Kimble * ORDINANCE NO. 2008-010
Property from Goal 5 Surface Mining Inventory.
WHEREAS, Harris C. and Nancy Kimble and CLR, Inc. proposed to change the
comprehensive plan designation of certain property from Surface Mine to Rural Residential Exception
Area; and
WHEREAS, this property is the part of Surface Mine Site 294 that was designated by Exhibits
A and B of Ordinance No. 92-60 as a goal exception area; and
WHEREAS, now that Surface Mine Site 294 has been fully mined and reclaimed under the
authority of SP-91-163 the subject property must be removed from Deschutes County's Goal 5
Inventory in the county's comprehensive plan; and
WHEREAS, the County's land use hearings officer conducted a land use hearing and rendered
a decision approving the application: and
WHEREAS, no appeal of this decision was filed and the Board of County Commissioners
("Board") did not initiate a review of the hearings officer's decision and the time for filing an appeal
and initiating review has passed; and
WHEREAS, DCC 22.28.030 (A) requires that all quasi-judicial plan amendments be adopted
by the Board; and
WHEREAS, DCC 22.28.030 (B) says that in the absence of an appeal or initiation of review by
the Board that the Board adopt the Hearings Officer's decision and that no argument or further
testimony shall be taken by the Board; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. AMENDMENT. DCC Title 23, The Deschutes County Comprehensive Plan
Map is hereby amended to change the plan designation for certain property described as all land
described on Exhibit "A" and depicted on Exhibit "B," attached and by this reference incorporated
herein, from Surface Mine to Rural Residential Exception Area less that part of the property described
in Exhibit "B" of Ordinance 2008-001 and depicted on the map set forth as Exhibit "C" to Ordinance
2008-001, both documents being incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2008-010 (2/26/08)
Section 2. AMENDMENT. DCC 23.100.070. Goal 5 Inventory is amended as in Exhibit "D",
attached to Ordinance 2008-001 and incorporated by reference herein.
Section 3. FINDINGS. The Board adopts as its findings in support of this decision
the Decision of the Hearings Officer, attached as Exhibit "E" to Ordinance 2008-001 and
incorporated by reference he/^-rein.
Dated this of v/t' u 2008
-~17
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DE IS R. LUKE, CHAIR
ct~~
TAMMY (BANEY) MELTON, VICE CHAIR
ATTEST:
Recording Secretary MICHAEL . DALY, C MISSIONER
Date of I" Reading: Z ~Sy of , 2008.
Date of 2nd Reading: 10 rday of ,~u &4/ y 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly ✓
Dennis R. Luke
Tammy Baney Ll---
Effective date: ~ day of , 2008.
ATTEST:
lgmo~- r6A
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-010 (2/26/08)
EXHIBIT A
DESCRIPTION OF LANDS TO BE REZONED TO RR-10
A parcel of land located in Section 13, Township 17 South, Range 11 East, Willamette
Meridian, Deschutes County, Oregon, being more particularly described as follows:
Beginning at the north quarter corner of said Section 13; thence along ,the north line of
the northeast quarter of said Section 13 South 89°47'50" East a distance of 591.71 feet;
thence leaving said north line South 00°03'25" West a distance of 648.84 feet; thence
South 89°47'50 East a distance of 454.57 feet; thence South 00°44'20" East a distance of
87.74 feet; thence South 59°07'40" West a distance of 152.05 - feet; thence North
89°47'50" West a distance of 520.24 feet; thence South 00°15'50°: West a distance-of
580.85 feet; thence North 84°33'35" West a distance of 401.64. feet; thence North
00°16'00" East a distance of 29.81 feet; thence South 86°25'U8"-' Weit a:'distarice of
415.77 feet; thence South 72140'52" West a distance of 329.65.1'de;; thence. South
76°41'24" West a distance of 74.15 feet; thence South 07°21'14"_W.
-pst a. distance of
313.32 feet; thence South 44°1846 East. a distance of 208.94 feet; thence " ou
05'22'46" West a distance of 230.63 feet; thence South 03006'11" West;a distance of
147.80 feet; thence South 17°39'06" West a distance of 89.36 feet; thence South-
89°30'44" East a distance of 978.27 feet: to Tumalo Creek; thence. along Tumalo Creek
the following seven (7) courses:
South 47°16'27" West a distance of 163.55 feet;
South 16°23'29" West a distance of 38.04 feet;
South 08°06'29" East a distance of 84.34 feet;
South 10°21'41" West a distance of 39.16 feet;
South 41 ° 11'03" West a distance of 62.05 feet;
South 61°41'31" West a distance of 82.32 feet;
South 35°16'06" West a distance of 128.61 feet;
thence leaving Tumalo Creek North 89°30'44" West a distance of 936.06 feet; thence
South 30°1953" West a distance of 43.22 feet; thence South 08°3523" West a distance of
403.92 feet; thence South 40°03'23" West a distance of 212.60 feet; thence South
24°3623" West a distance of 144.06 feet; thence South 46°27'23" West a distance of
166.22 feet; thence South 22°5523" West a distance of 20.94 feet; thence South
89°31'42" East a distance of 422.86 feet to Tumalo. Creek; thence along Tumalo Creek
'the following six (6) courses:
South 39°17'22" West a distance of 73.53 feet;
South..57°05'13" West a distance of 33.75 feet;
South 45°5625" West a distance of 23.66 feet;
South 63°19'46" West a distance of 39.99 feet;
South 54°17'50 West a distance of 69.78 feet;
South 43°3757" West a distance of 39.50 feet;
South 30°47'32" West a distance of 54.97 feet;
December 18, 2007
S:\Land Projects\041125-Klippel Ranch\docs\LEGAL - RR 10 zone boundary.doc.
thence leaving Tumalo Creek North 89°53'32" West a distance of 69.23 feet; thence
South 00°02'12" West a distance of 86.97 feet to Tumalo Creek; thence along Tumalo
Creek South 28°27'59" West a distance of 76.99 feet and South 53°59'11" West a
distance of 22.55 feet;
thence leaving Tumalo Creek North 85°5528" West a distance of 220.93 feet; thence .
North 22955'23" East a distance of 211.17 feet; thence North 85°54'08" West a distance
of 409.39 feet; thence North 20°4732 West a distance of 405.22 feet; thence North
04°53'56" East a distance of 281.65 feet; thence North 08°39'56" East a distance of
241.33 feet; thence North 00°5426" East a distance of 419.90 feet; thence North
07°30'26" East a distance of 326.74, feet; thence North 14°42'34" West a distance of
117.66 feet; thence North 71 °56'04" West a distance of 111.75 feet; thence South
84°59'56" West a distance of 203.80 feet; thence South 80°28'03" West a distance of
39.44 feet; thence North 21 °50'14" East a distance of 1056.75 feet;. thence South
69°29'01" West a distance of 337.80 feet; thence South 89°06'27" West a- distance of
210.10 feet; thence.North 65°06'54" West a distance of 178.61 feet to the west line of the
northwest quarter of said Section 13; thence along said west line North 00°2225" East a
distance of 181.84 feet; thence leaving said west line South 89°55'06" East a distance of
367.94 feet; thence North 73°18'12" East. a distance of 126.78 feet; thence North
09°00'03" West a distance.of 320.02 feet; thence North 86°02'23 West a distance of
437.86 feet to said west line; thence along said west line North 00°22'25" East a-distance
of 609.18 feet to the northwest corner of said Section 13; thence along the north line of
the northwest quarter of said Section 13 North 89°57'11" East a distance of 377.97 feet;
thence leaving said north line South 00°0241" West a distance of 225.00 feet; thence
North 89°56'54" East a distance of 360.00 feet; thence North 76°43'32" East a distance of
258.47 feet; thence South 62°16'43" East a distance of 391.15 feet; thence South
01°19'10" East a distance of 211.35 feet; thence North 57°35'56" East a distance of
111.60 feet; thence North 61°34'56" East a distance of 250.00 feet; thence South
28°25'04" East a distance of.150.00 feet; thence North 61 °34'56" East a distance of
300.00 feet; thence North 28°25'04" West a distance of 150.00 feet; thence North
47°43'56" East a distance of 354.60 feet to the north line of the northwest quarter of said
Section 13; thence along said north line North 89°57'11" East a distance of 44436 feet to
the point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common
and apparent on the land.
REVAISM-PUC - )
PROOF SSIO'1SNAL
1zlZVI0_7
11,,LY-10, poll/
T AMIC GAGE: C-Di:_t' l
December 18, 2007
SALand Projects\041125-Klippel Ranch\docs\LEGAL - RR 10 zone boundary.doc
• ,
EXH/Bff FT11
LANDS TO BE RE-ZONED TO RR-10
BASIS OF 8EAR/NGS
N895r11'r 2623.39' '5894
;1413 N89 r»~ SfCRCW 12 N8957'!I~' t
0g s£c7mw 13 4fA t 591.n
S01 OOT 211.35' N813f 56T JOa00'
Oft' ISQOO' .
37.3,5 56'1 111.60'
I
tN08:T956'E 24
j145356'E 287.
14 f3
23 24
S4478'46$' 20894'
N7136 04'W 171.73'
50322'46'W 2ja 63'
14'4234W 117.66'
au' S03M'17-W i47.60'
20.7:60
p 51739'OS'W 8916' 5893014'
coom OF SEOl10N 13
N007r00T 2:
^g _
p~ _ : ~ S
40^J?'N! 31St 6:
,
r ~y S76 41
'W At 15'
?ry
F1
F,S47762rW 16135•
-SI62r29 W 3&04'
-508ro740T "46'
-S102141'W JRfor -
4171OJ'W 62015
V1 J1'W 6232'
i•0rW 12861'
5401732JW 1260'
5243623'W 4406' I
~ 5467723 l66.T2'
S223~'~ 58931'4 21,91W4 42266 s397r4w 7.153- NORTH
.
SQ r57'W 39 $5M F3'W 3173•
SKJ79~fB W~JA9 6~6• I SCALD t -soo'
N85 06 rrSD•p, 6978'
5893rJ2~ Mail S4.9
S00172727W 6&9r I
N225523"E 21 1 17' '59' i-W 22.55'9 REGISTERED
' 1553'2" 2M9r PROFESSIONAL
ND SURVEY
OREGM-qV
JULY
10, 2007
I PATRICK GAGE COLE
i 79157 LS
I RENEWAL DATE: 12/31/07
24
.1