2016-593-Ordinance No. 2016-030 Recorded 12/30/2016DESCHUTES COUNTY OFFICIAL RECORDS CJ2016.593
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS ' JOURNAL
12/30/2016 02:40:03 PM
LEGAL COUNSEL 111 1111111 111111
2015—
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, the Deschutes County Zoning Map, to
Change the Zone Designation on Certain Property
from Exclusive Farm Use ("EFU-TRB") to Rural
Industrial (R-1).
ORDINANCE NO. 2016-030
WHEREAS, the Land Use Board of Appeal on August 10, 2016 remanded a Zone Change to the
Deschutes County Code ("DCC") Title 18, Zoning Map, to rezone certain property from Exclusive Farm Use —
Tumalo/Redmond/Bend Subzone ("EFU-TRB") to Rural Industrial ("R -I"); and
WHEREAS, on remand, Anthony Aceti applied for a Zone Change to the DCC Title 18, Zoning Map,
to rezone certain property from EFU-TRB to R -I; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
October 31, 2016 before the Board of County Commissioners ("Board"); and,
WHEREAS, on this same date, the Board adopted Ordinance 2016-029, amending DCC Title 23, the
County Comprehensive Plan, changing the plan designation of the property from Agriculture to Rural Industrial;
and
WHEREAS a change to the Deschutes County Zoning Map is necessary to implement the amendment
adopted in Ordinance 2016-029; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from EFU-TRB to R-1 for certain property depicted on the map set forth as Exhibit "A," attached and
incorporated by reference herein, and described in Exhibit "B," incorporated by reference herein.
Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance, the Decision of
the County Hearings Officer, attached to Ordinance 2016-029 as Exhibit "D," and incorporated by reference
herein.
/ / /
PAGE 1 OF 2- ORDINANCE NO, 2016-030
///
Dated this [/o of , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of lst Reading: % 7v day of Al , , 2016.
Date of 2nd Reading: Oday of (TI- , 2016.
CdeL__
ALAN UNGER , CHAIR
alb ‘y
TAMMY BANEY ,10E CHAIR
a7rei
ANTHONY DEBONE , COMMISSIONER
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date:
ATTEST:
~qday of
&km --
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2016-030
Zone Charige;fromj,:'.:
EFUTRBr(Exclusive' Farm;Use
-To',RI;(Rural'Industrial)
Legend
Subject Property 21235 Tumalo Place, Bend
PROPOSED ZONE CHANGE
Anthony J. Aceti
EFUTRB - Tumalo/Redmond/Bend Subzone
to Ordinance 2016-030
MUA10 - Multiple Use Agricultural
Exhibit "A"
RI - Rural Industrial
V V
0 200 400
RC - Rural Commercial
December 1, 2016
800
Feet Dated this'll day of December, 2016
Effective Date: 3 - 7 Q— , 2017
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Alan Chair
444"
Tam
DeeB�onee ,
1rig-LE-/
ATTEST: Recording Secretary
LEGAL DESCRIPTIONS
TAX LOTS 16-12-26-C-00201 & 16-12-27-D-00104
A parcel of land located in the Southwest one-quarter of Section 26 and the Southeast one-quarter of
Section 27, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon,
more hilly described as follows:
TAX LOTS 16-12-26-C-00201:
Commencing at a brass disk at the 1/4 corner between said Sections 26 and 27; thence along the east -west
centerline of said Section 27, North 89°49'46" West 20.00 feet; thence leaving said east -west centerline,
South 00°03'15" East, parallel to and 20 feet westerly of the line common to said Sections 26 and 27,
40.35 feet to a point on the southerly line of the 15:00 foot dedication to the southerly 30.00 foot right -of:
way of Tumalo Road per Deed No. 98-29504, and the Point of Beginning for this description; thence
along said I5 -foot dedication line, 67.90 feet along the arc of a 12818.89 foot radius curve right (the long
chord of which bears South 89°35'07" East 67.90 feet); thence South 89°26'01" East 997.75 feet to the
westerly right-of-way of the Dalles-California Highway per Deed recorded March 22, 1991, in Book 231,
Page 81, Deschutes County Records; thence leaving said 15 -foot dedication line and along said westerly
right-of-way, South 37'03'52" East 23.10 feet, said point•being 85.00 feet from the centerline of said
Dalles-California Highway; thence continuing along said 85 -foot right-of-way line, South 26°22'14"
West 1419.88 feet to a point on the south line of the property described in Deed No. 97-45542; thence
leaving said 85 -foot right-of-way line and,along said south line, South 89°56'45" West 447.62 feet to the
southwest corner of said 97-45542 property, said point lying 20.00 feet westerly of the line common to
Sections 26 and 27; thence leaving said south line, North 00'03'1.5" West 1301.34 feet to the point of
beginning;
EXCEPTING THEREFROM: the new alignment of Tumalo Road per Deed No. 98-32048, further
modified for turn lanes per Deed No. 2001-22023, fully described as follows:
Conunencing at a brass disk at the.l/4 corner between. said Sections 26 and 27; thence along the east -west
centerline of said Section 27, North 89°49'46" West 20.00 feet; thence leaving said east -west centerline,
South 00°03'15" East, parallel to and 20 feet westerly of the line .common to said Sections 26 and 27,
357.34 feet to the northerly right-of-way of the new road alignment, and the Point of Beginning for this
description; thence leaving said parallel line and along the new right-of-way line, South 59°39'01"East
50.46 feet; thence South 62°39'40" East 442.65 feet; thence South 63°56'22" East 250.70 feet; thence
South 59°39'01" East 95.51 feet to the westerly 85 foot right-of-way line of the Dalles-California
Highway; thence leaving said new road right-of-way and along said westerly 85 foot right-of-way line,
South 26°22' 14" West 170.41 feet to the southerly right-of-way line of the new road; thence leaving said
westerly 85 foot right-of-way line and along said southerly right-of-way line, North 59°39'01" West
107.34 feet; thence North 55°21'40" West 250.70 feet; thence North 56°38'22" West 442.65 feet, said
point lying 20.00 feet westerly of the line common to Sections 26 and 27; thence North 00°03' 15" East
99.71 feet to the point of beginning.
4
Net area for this property is 20.46 acres.
October 14, 2015
Prepared by Baxter Land Surveying, Inc.
P.O. Box 7022, Bend, OR 97708 (541) 382-1962
2015186-Desc.doc
Page 1 of 3 - Exhibit "B" to Ordinance No. 2016-030
TAX LOTS 16-12-27-D-00104:
That portion of Decd No. 97-40139 described as "Parcel 3," further modified by the excepting of Tract 1
and Tract 2 of Deed No. 98-32049, and more fully described as follows:
Beginning at the Point of Beginning for the previous description of TAX LOT 16-12-27-C- 00201, said
point being on the southerly 45 foot right-of-way of Tumalo Road and lying 20.00 feet westerly of the
line common to Sections 26 and 27; thence along said 20 foot westerly line, North 00°03'15" West 5.00
feet to a point on a 40.00 foot right-of-way ofTutnalo Road, per said 98-32049 Deed; thence leaving said
20 foot line, 31.74 feet along the arc of a 12823.89 foot radius curve left (the long chord of which bears
North 89°48'29" West 31.74 feet); thence North 89°52'44" West 26.42 feet; thence 219.07 feet along the
arc of a 210.00 foot radius curve left (the long chord of which bears South 60° 14'07"West 209.27 feet);
thence South 30°20'59" West 40.03 feet; thence 47.12 feet along the arc of a 30.00 foot radius curve left
(the long chord of which hears South 14°39'01" East 42.43 feet); thence South 59°39'01" East 145.00
feet; thence South 60°51'23" East 142.53 feet to a point lying 20.00 feet westerly of the line common to
said Sections 26 and 27; thence North 00°03'15" West 317.00 feet to the point of beginning for this
description;
Contains 1.30 acres.
Note: All corners arc marked with monuments per recorded survey No. CS 14491 by Michael Berry.
/ REGISTERED `1
PROFESSIONAL
LAND SURVEYOR
cy-trut
, OREGON
JULY 26, 1959
JAMES D, PERRY
2407
RENEWS 12-31-2016
October 14, 2015
Prepared by Baxter Land Surveying, Inc.
P.O. Box 7022, Bend, OR 97708 (541) 382-1962
14
2015186-Desc.doc
Page 2 of 3 - Exhibit "B" to Ordinance No. 2016-030
EXHIBIT MAP
TAX LOTS 16--12-26—C-00201
AND 16-12-27—D--00104
Located in the SW1/4 Sec. 26 and the SE1/4 Sec. 27,
T.16S., R.12E., W.M.,
DESCHUTES COUNTY, OREGON
27126
2000- 1
BRASS DISK AT 1/4 COR.
X30 R/W
LI C2
TAX LOT 104
4 AREA: 1.30 ACRES
Jys g9/ •
; )
15' R/W DEDICATION
DEED No. 98-29504
/-559'39.07-£
50.46
TRACT 2
DEED 96-32049
CENTERUNE TUMALO ROAD (NICHOLS MARKET ROAD)
58926'01`E 997.75
CURVE TABLE I
CURVE DELTA LENGTH RADIUS CNORO
I 01 018'13" 67.90 1281889 S8915'071' 67.90
I C2 0'08'37' 31.74 12823.89 N$9V29'W 251.74 1
1 C3 59 .4413" 219.07 i 210.00 S6014'07'W 209.27 j
1 04 90'00'00'1 47.12 1 30.00 S14•39'017,E 42.43 j
ti DEED 2001-22023
DEED 2001-220231
i
N00133415'W 1301.34
S3703'52'£ —'""
2310'
J
/ r 9o,/
1 LINE TABLE /
IUNE j LENGTH26.421 BEARING W% /
L1 I 26.42 N8952'44 -W ^ .
1 L2 1 40.03 S.1070'59'W I/ / //
/
/ / /
/ /
f / /I
N.
/,k / /
TAX LOT 207
CROSS AREA;
22.813 ACRES
NEW ROAD: 2.42 ACRES
TAX LOT 201
NET AREA: 20.46 ACRES
71.42 ACRES NORM OF NEW ROAD
9.04 ACRES 50731H Of' NEW ROAD
414r
I/
1
i/ r r REGISTERED
At // /PROFESSIONAL
/ / / LAND SURVEYOR
- 20.00' / / L............./
/ / OREGON
Ak
ULY 26, 1989
/
/ /r .DAMES D. PERRY
2407 )
RENEWS 12-31-2016
-. S8956'45'W 447.62
/ /
PREPARED BY BAXTER LIND SURVEYING, INC. P.O. BOX 7022 BEND, OR 97708
.20370 EMPIRE AVE. SUITE C-3, BEND, OR 9770/ (541) 382-196'2
Page 3 of 3 - Exhibit "B" to Ordinance No. 2016-030