2008-92-Ordinance No. 2008-009 Recorded 2/21/2008REVIEWED
LEGAL CO SEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSIP,
COMMISSIONERS HJOURNALNTY
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CLERKS 200~~"~
0211112008 09:21;40 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes *
County Zoning Map, to Change the Zone * ORDINANCE NO. 2008-009
Designation on Certain Property from Surface
Mining (SM) to Rural Residential (RR-10).
WHEREAS, Harris C. and Nancy Kimble and CLR, Inc. proposed to change the zoning
designation of certain property from Surface Mine, SM to Rural Residential, RR-10; and
WHEREAS, on same date, the Board of County Commissioners ("Board") adopted Ordinance 2008-
010 amending DCC 23.100.070 to remove the subject property from Deschutes County's Goal 5 inventory list;
and
WHEREAS, an amendment to the county's zoning map is necessary to implement the
comprehensive plan change in Ordinance 2008-010; and
WHEREAS, no appeal of this decision was filed and the 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 zone changes be adopted by the
Board of County Commissioners; 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 18, Zoning 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 on Exhibit "B" of Ordinance 2008-
001 and depicted on the map set forth as Exhibit "C" to Ordinance 2008-001, both documents
incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2008-009 (2/6/08)
Section 2. 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 herein.
Dated this (I~ of , 2008
BOARD OF COUNTY COMMISSIONERS
OF DESCHU S COUNTY, OREGON
Gl,
D NNIS R. LUKE, HA
t-
, ktl~
TAMMY (BANEY) MELTON, VICE CHAIR
ATTEST:
Recording Secretary MICHAEL D Y, C MMISSIONER
A
Date of 1st Reading: day of , 2008.
Date of 2nd Reading: 6day of 2008.
Commissioner
Michael M. Daly
Dennis R. Luke
Tammy Baney
Effective date:
ATTEST:
Record of Adoption Vote
Yes No Abstained Excused
1/
CG day of 2008.
falv'v~
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-009 (2/6/08)
EXHIBIT A
DESCRIPTION OF LANDS TO BE REZONED TO RR-10
A parcel of land located in Section 13, Township 17 South, Range 1 I 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 .00003125" West a distance of 648.8.4 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'x; 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 29.8.1 feet; thence South 86125'68" West" 4-'distance of
415.77 feet; thence South 72140'52" West a distance of 329.65. feet; : thence. South
.76°41'24" West a distance of.74.15 feet; thence South 07°21'14": West a distance of
313.32 feet; thence South 44°18'46 East. a distance of 208.94 feet; thence "6h
05°22'46" West a distance of 230.63 feet; thence South 03006'11" West ;a distance of
147.80 feet; thence South 1739'06" West a distance of 89.16 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°19'53" West a distance of 43.22 feet; thence South 08°35'23" West a distance of
403.92 feet; thence South 40°03'23" West a distance of 212.60 feet; thence South
24°36'23" West a distance of 144.06 feet; thence South 46°27'23" West a distance.of
166.22 feet; thence South 22°55'23" 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 63919'46" West a distance of 39.99 feet;
South 54°17'50": West a distance of 69.78 feet;
South 43°37'57" West a distance of 39.50 feet;
South 30°47'32" West a distance of 54.97 feet;
December 18, 2007
SALand Projects\041125-Klippel Ranch\docslLEGAL - RR10 zone boundary.doe.
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 Tuinalo 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 2295523" 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°4234" 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 00022125" East a
distance of 181.84 feet; thence leaving said west line South 89055'06" 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 86002'23 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°4332" 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°3456" 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 444.56 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.
See attached map titled "EXHIBIT B", hereby incorporated by reference.
REGISTPIM
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1 (1, 2007
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December 18, 2007 i:.f'''• t 3;r ,r *~5 .
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EXH1Bff T
LANDS TO BE RE-ZONED TO RR-10
BASIS OF BEARINGS
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PROFESSIONAL
ND SURVEY
I
JULY M. 2007
PATRICK GAGE COLE
79157 LS
RENEWAL DATE: 12/31/07
24