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2017-768-Ordinance No. 2017-007 Recorded 11/7/2017I ED Recorded in Deschutes County CJ2017-768 aV8 Nancy Blankenship, County Clerk 11/07/2017 2:00:11 PM LEGAL C SEL Commissioners' Journal 2017-768 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code, Title 23, and Amending Deschutes County * ORDINANCE NO. 2017-007 Comprehensive Plan, Section 5.12 and to Change the Plan Designation for Certain Property From Agriculture to Rural Residential Exception Area. WHEREAS, Kelly Porter Burns Landholdings, LLC applied for a Comprehensive Plan Amendment to Deschutes County Code ("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section 5.12, Legislative History, to change the comprehensive plan designation of certain property from Agriculture to Rural Residential Exception Area; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on September 27, 2016 before the Deschutes County Hearings Officer, and on November 22, 2016 the Hearings Officer recommended approval of the Plan Amendment; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on June 5, 2017 before the Board of County Commissioners ("Board"); and WHEREAS, the Board, after review conducted in accordance with applicable law, approved the plan amendment to change the comprehensive plan designation from Agriculture to Rural Residential Exception Area; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in Exhibit "A" attached and incorporated by reference herein, with new language underlined. Section 2. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "B," attached and incorporated by reference herein with new language underlined. Section 3. AMENDMENT. The Deschutes County Comprehensive Plan Map is amended to change the plan designation for certain property described in Exhibit "C" and depicted on the map set forth as Exhibit "D," with both exhibits attached and incorporated by reference herein, from Agriculture to Rural Residential Exception Area. Section 4. FINDINGS. The Board adopts as it findings in support of this Ordinance, a Board Decision and Hearings Officer Decision, Exhibit "E," and incorporated by reference herein. There is one exception with the Hearings Officer decision. The Board's approval recognizes that if the property is divided, it shall be developed as a cluster development. The two existing irrigation ponds shall be included in the open space or PAGE 1 OF 2 - ORDINANCE NO. 2017-007 common area of the cluster development. This condition remains in place as long as the subject property retains its MUA-10 zoning or other rural exceptions area zoning that allows cluster development. Section 5. CONDITION OF APPROVAL AGREEMENT. In lieu of the conditions recommended by the hearings officer, the Board has required the applicant to sign the Conditions of Approval agreement, "Exhibit "F," attached and incorporated by reference herein. This requirement has been imposed at the request of the applicant and 1000 Friends of Oregon to assure that future rural residential development of the property will be harmonious with existing development in the area and so that a part of the property may be developed at urban densities if and when the property is annexed to the City of Bend. Section 6. EMERGENCY. This ordinance being necessary for the preservation of the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this / of dWt,M 6r, 2017 ATTEST Recording Secretary Date of Is` Reading Date of 2" d Reading: Commissioner Tammy Baney Anthony DeBone Philip G. Henderson BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY fEY, C 'r ANTHONY DeBONE, ice hair /",A C -n PHILIP tPENDERSON, Commissioner day of�DJ 2017. day of 1 �� , 2017. Record of Adoption Vote Yes No Abstained Excused 9 Effective date: / day of J , 2017. PAGE 2 OF 2 - ORDINANCE NO. 2017-007 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments,adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. PAGE 1 OF 2—EXHIBIT"A"TO ORDINANCE 2017-007 V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. (Ord. 2017-007 §1; Ord. 2016-029 §1,2016;Ord. 2016-027 §1,2016;Ord. 2016-005 §1,2016;Ord. 2016-022 §1,2016;Ord. 2016-001 §1,2016;Ord.2015-010 §1,2015;Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1,2015;Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1,2012;Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan(http://www.deschutes.org/compplan) PAGE 2 OF 2—EXHIBIT"A"TO ORDINANCE 2017-007 Seatlow 5.12 Les LsLatLve H-'storj Background This section contains the legislative history of this Comprehensive Plan. Table 5.1 1.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 2011-003 8-10-11/I I-9-I I Community Plans, Comprehensive Plan update Deschutes Junction, Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 4.6, 5.3, 5.8, 5.I I, ensure a smooth transition to 201 I-027 10-3 I-I I/I I-9-I t 23.40A, 23.40B, the updated Plan 23.40.065, 23.01.010 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/11-19-12 3.7 (revised), Appendix C System Plan (added) La Pine Urban Growth 2012-012 8-20-12/8-20-12 4.1, 4.2 Boundary Housekeeping amendments to 2012-016 12-3-12/3-4-13 3.9 Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/1-7-13 4.2 Large-lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing designation of certain 2013-009 2-6-13/5-8-13 1.3 property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, including certain 20 13-0 12 5-8-13/8-6-13 23.01.0 I 0 property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 I for Southern Deschutes County DESCHUTES COUNTY COMPREHENSIVE PLAN-201 1 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES Page 1 of 3—EXHIBIT"B"TO ORDINANCE 2017-007 Ordinance Date Adopted/ Chapter/Section Amendment Effective Comprehensive Plan Map 2013-016 10-21-13/10-21-13 23.01.010 Amendment, including certain property within City of Sisters Urban Growth Boundary Comprehensive Plan Map 2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.I I Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/11-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 11-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 1 1-23-15/1 1-30-15 23.01.010 designation of certain property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. Comprehensive Plan Text and Map Amendment recognizing 2015-010 12-2-15/12-2-15 2.6 Greater Sage-Grouse Habitat Inventories 2 DESCHUTES COUNTY COMPREHENSIVE PLAN—2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 2LEGISLATIVE HISTORY Page 2 of 3—EXHIBIT"B"TO ORDINANCE 2017-007 Comprehensive Plan Map Amendment, changing 2016-001 12-21-15/04-5-16 23.01.010; 5.10 designation of certain property from, Agriculture to Rural Industrial (exception area) Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Planning Goal I I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non- 2016-005 11-28-16/2-16-17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan 2016-022 9-28-16/11-14-16 23.01.010, 1.3, 4.2 Amendment, including certain property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/12/28/16 23.01.010 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing designation of certain 2017-007 10-30-17/10-30-17 23.01.010 property from Agriculture to Rural Residential Exception Area DESCHUTES COUNTY COMPREHENSIVE PLAN-20I I 3 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.I 1 GOAL 5 ADOPTED ORDINANCES Page 3 of 3—EXHIBIT"B" TO ORDINANCE 2017-007 LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUAR1ER ISW1'4 5E1:4) OF SECTION 35. TOWNSHIP 17 SOUTH. RANGE 12 EAST OF THE WILLAMETTE MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW114 OF THE SE1.4 OF SECTION 35. T17S. R12E.W.M.;THENCE NO040'13"W-30.00 FEET ALONG THE WEST LINE OF SAID SW14 SE114 TO THE TRUE POINT OF BEGINNING BEING LOCATED ON THE NORTHERLY RIGHT-OF-WAY LINE FOR BEAR CREEK ROAD: THENCE CONTINUING N004013W - 4590,79 FEET ALONG THE WEST LINE OF SAID SWI SE1 4 TO A POINT LOCATED ON THE CURRENT CITY OF BEND URBAN GROWTH BOUNDARY LINE: THENCE N2 413E 598.87 FEET ALONG SAID URBAN GROWTH BOUNDARY LINE TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR U.S. HIGHWAY 20: THENCE N89:5012E 1030.08 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE EAST LINE OF SAID SWI:4 SEI4: THENCE S38 15E - 1225.72 FEET ALONG THE EAST LINE OF SAID SW1;4 5E114 TO THE NORTHERLY RIGHT-OF-WAY LINE FOR BEAR CREEK ROAD: THENCE NS9'41'34"W - 1324.04 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING. PARCEL CONTAINS APPROXINikTELY 35.324 ACRES SUBJECT TO ALL EASEMENTS,RESTRICTIONS. AND RIGHTS-OF-WAY OF RECORD PERTAINING TO THE ABOVE DESCRIBED LANDS. Page 1 of 1 — EXHIBIT "C" TO ORDINANCE 2017-007 II NI Ill ■■ -- ■■ ■ LL■= ■■ ■■ ■.s ;; - -- NE HAMPTON LN I.Z �■ ■■ ■■ ■ tu 1.111 1.111 NM Jil 'I 111m `qty, ,�""�'n'.5r IIW HWY 20 1 r ii Plan Amendment From To 1T1LN1111 ,1'..`N • ot`DR F- Agriculture(AG) „ 6 ."" - Rural Residential Exception Area(RREA) IRREA R- - ii BEAR CREEK RD c I led sx r, AG 1111 ,..,„;,..,-,43,s r • '*, T-,1r PROPOSEDPLAN AMENDMENT BOARD DF COUNTY COMMISSIONERS Legend OF DESCHUTES COUNTY,OREGON p Porter Kelly Burns Landholdings, LLC Subject Property 17-12-35-00-01500 21455 Highway 20, Bend Tammy Benny,Chair iBend Urban Growth Boundary Exhibit"D" Anthony Do8one,Vice-Char Comprehensive Plan Designation to Ordinance 2017-007 Phil Henderson,Commissioner AG-Agriculture RREA-Rural Residential Exception Area a z� aoo wo ATTEST:Recording Sec story IFeet Dated this day of June,2017 `'` URA-Urban Reserve Area May 1B,2017 Effectine Date. 2017 DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS FILE NUMBERS: 247-16-000317-ZC and 247-16-000318-PA APPLICANT/ PROPERTY OWNER: Porter Kelly Bums Landholdings, LLC APPLICANT'S REPRESENTATIVE: Liz Fancher 644 N.W. Broadway Street Bend, Oregon 97703 REQUEST: Plan Amendment from Agriculture to Rural Residential Exception Area (RREA) and Zone Change from Exclusive Farm Use (EFU- TRB)to Multiple Use Agricultural (MUA-10). STAFF REVIEWER: Chris Schmoyer,Associate Planner HEARINGS OFFICER: Stephanie Hicks I. HEARINGS OFFICER'S DECISION: The Board of County Commissioners (Board) adopts the findings of Hearings Officer Stephanie Hicks attached with this decision as its findings in support of Files 247-16-000317-ZC and 247- 16-000318-PA with the following exception.' • The approval recognizes that if the property is divided, it shall be developed as a cluster development. The two existing irrigation ponds shall be included in the open space or common area of the cluster development. This condition remains in place as long as the subject property retains its MUA-10 zoning or other rural exceptions area zoning that allows cluster development. Additionally, in lieu of the conditions recommended by the hearings officer, the Board required the applicant to sign the Conditions of Approval agreement(Exhibit F to Ordinance 2017-007). II. FINDINGS OF FACT: The Board adopts the following findings of fact in support of its decision: A. Procedural History: On November 18, 2016, Hearings Officer Stephanie Hicks issued a decision recommending that the Board approve the plan amendment and zone change requested by Porter Kelly Bums Landholdings, LLC ("PKBL"). 1 The Board modified the Hearings Officer's conditions of approval B and D(b). PAGE 1 OF 2-EXHIBIT E TO ORDINANCE 2017-007 On June 5, 2017, the Board of Commissioners held a hearing regarding the plan amendment and zone change applications. On September 27, 2017, the Board deliberated and voted to approve the applications for the reasons provided in the Hearings Officer's decision and nd directed staff to prepare written findings and revise the draft ordinance to reflect its decision. The Board also voted to adopt a condition of approval to require the applicant to develop the property as a cluster subdivision, if divided. This requirement was proposed by the applicant to address issues raised by opponents and was found acceptable to the Board. B. Conditions of Approval: The conditions of approval recommended PPr by Hearings Officer Hicks have been met or rejected by the Board. A hearingheld was by the Board as recommended by Condition A. The code violation case was closed by a County's code enforcement officer as recommended in Condition B. The applicant submitted a metes and bounds legal description of the subject property as recommended by Condition C. Condition D was not imposed as the zone and plan changes are not based on a specific use of the property and because one or more opponents objected to a requirement that would prohibit cluster or planned development of the subject ubject props When this matter was heard by the Board, the applicant and opponents reached an agreement that a condition of approval be imposed that requires the applicant to sign a conditions of approval agreement with Deschutes County that assures if the property is divided it will be developed as a cluster development and that the two existing irrigation ponds be included in the open space or common area. Cluster development may allow the property to be developed with upto six single-family ngle family dwellings on six residential lots. III. DECISION: Based on the foregoing Findings of Fact and Conclusions of Law, the Deschutes County Board of Commissioners hereby APPROVES the zone change and plan amendment proposed in File Nos. 247-16-000317-ZC and 247-16-000318-PA subject to the requirement that the applicant sign the Conditions of Approval Agreement that is attached as Exhibit F of Ordinance No. 2017-07. Attachment: Hearings Officer Decision: 247-16-000317-ZC/318-PA PAGE 2 OF 2-EXHIBIT E TO ORDINANCE 2017-007 4 After recordhig return. to: tn Deschutes County Community Development 117 NLS.' I afayette Av0nu0 Bend, OR 97703 CYC)ND11IONS OF Ai'i'ItC)VAL AGItlt,ijMEM' This conditions of approval agreement is Inade this 1 � dray�i -e — 2{)17 by Porter Kelly Burns I -rand 1Joldin s, L,I.,C', an Or0gon litnited liability company (hereinafter "I'KB") and Deschutes County, a political subdivisiOJI of the State of Oregon (hereinafter "County"), RIXITALS WHEREAS, PKB sou(lat approval of a plan anrencanLe.nt from. Agriculture to RR_EA and rouc change from I FU -TRIS to M UA -10 in File Nos. 247-1 Cr -000317 z...C` and 247-1 tia00031 S- PA for the property described on Exhibit A, a copy of which is attached and incorporated by reference; herein;,and WHEREAS, the applicant: and other parties in tlae land use review Process a.SkCd the County to impose a condition of approval on I'LIU11-e. deve-lopnient of' the property that will apply while the property is zoned MLIA.-1(); and WHEREAS, the Board of ("oriimissioiiei-s al�prc)ved the land useapplications and imposed the condition ofapproval requested; and WHEREAS, the condition of approval requires that an agreement be recorded that memorializes the condition of"approval and applies it to the rezoml property, NOW TI -J :REFORI;, 1.110 parties agree as follOWS I. If the Exhibit A property is divided, it shall be developed as a cluster development. Consistent With C OLlnty Codi; governing cluster developments. The two existing irrigation ponds shalt be included in the <.apen space 01- corariru0ra <area of the CILrsteT dcvc:lopnae.nt. 2. This agree.nient and its resta`ietions apply to the. Exhibit A property as lona as it retains MlJA—lt) zoning or other rural exceptions area zoning that Tallows CILiStCl- development. ThL agreement shall become void if the property is annexed to the City of Bend. This agreement is not assignable. 4. This a<L.reeme.nt runs with the land rand is enforceable agaimt future owners of the Exhibit A property. Pace l of 4— (',on itions q 'Appr oval Agreement Exhibit "F" to Ordinance 2017-007 I"J`1TED this .... -...... � _ clay ofj p.V.� 1" 017. COUNTY BOARD OF COMMISSIONERS E.)I9 D SC1-IU"TES COUNTY N 'T'AMMIIANT Y, C' air ANTIONY I)EB()NE, Vice. -Chair PHILIP . IENDEIZSONI, Con).missiancr Recording Secretary STATE OF OREGON ) j ss. COUNTY OF DESCHU` IH.S ) This in,4111111011t was aeknowleclood hefore. nae oil oV crAkkC ` __20171)y 'Fammy, I3Gniey, Antliony Del3r_nne rami I'.hilip t::r. Henderson, the. above -maned Board Of Cracrnty Commissioners of Deschutes Ctn nty, C)r•el;crrr arlcl acknowledged the foregoing histrui ent on behalf ofDCschlrteS Cc}crnty. OFFICIAL STAMP Notary _.. Public �� w $KARON RENEE ROSS pv NOTARYCOMM SPUR C 92S1O7S E rint Nl�aine ��5 COMMISSION EXPIRES MAY 04,2018 My cran�rYrrssirrn c Mares Exhibit "F" to Ordinance 2017-007 Paige 2 of `I— {. owlition s t#'Appr ov al ti,s;1'eerrrcurd DATFU tits clay of `'01.7. PKB 13j1: ".11. Porter BUrns its: Maimaim, Member STATE OF OREGON ss. COUNTY OF DESCHUTFS This illStl-Lllll(,Mt ,vas acknowledaed befo re me mi 2017 tly 11, Porter Burns as Maiiagiiig Member of PORTER/KELLY BURNS LANDIJOLDINGS, LLC', I- an Oregon firnite(I liability corporation. N 0 ta'i� , Hill i4�zffle - .......... ................... ... . .. My Cormilissioll expires e, (Use this space for notarial slanip/seal) Page 3 of 4— Conditions of Approval Alqreemenl Exhibit 'T" to Ordinance 2017-007 1EXHIBIT A PROPERTY DESCRIPTION A II RC OF LAND 13EING A PORTION OF THE sou-niWEST ONE-Q1,JAWI'ER OF TI -IE SOUTHEAST ONE-QUARTER (SWI/4 SEI/4) OF SECTION 35, TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLATMETTE MERIDIAN BEING I..ORI PAR11CM-ARLY DESCRIBED AS FOLLOWS: COMMENCING AT '['HE sou-niwi-,ls"r (..'ORNI.-,R OF THE SWIM OF THE SE IM OF SECTION 35, T.17S. R12E, W.M.; THENCE N00`40'134'W — 30.00 FFET ALONG THE WEST LINE OF SAID SWI/4 SEI/4 TO THE TRUE POINT OF' BEGINNING BEING LOCATED ON 'I'HE NORTHERLY RIGITF-OF-WAY LINE FOR BEAR CREEK ROAD, I'l-If"INCE CONTINUING N00 40)'13"W — 69M9 FEET ALONG THE WESTIANE OF SAID SWI/4 SEI/4 TO A MINT LOCATED ON THE Ct ' JRRENT CITY OF BEND URBAN GROWTH BOUNDARY I -INE, THENCE N28'47' 13"I --- 598.87 FEET ALONG SAID URBAN GROWTHBOUNDARY I.,,INE'1'0'1'1-IE SOUTHERLY RIGHTI-OF-WAY LINE FOR 'U.S. HIGHWAY 2Q, THENCE N89'50' 12"E — I030.08FEr-,.T Al.,ONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE EAST` LINE OF SAID SW 1/4 SE 1/4; THENCE SOW38'] 5"E -- 1225,722 FEET A'LONGTHE EAST LINE OF SAID SWIM SEJ/4 TOTHE NORTHERI.,Y RIGITF-OF-WAY LINE FOR BEAR ("REEK ROAD; THENCE N89`41,34"W — 1324.04 FEET ALONG SAID NORTHERLY RIGI-IT-OF-WAY LINF TO THI] TRUE MINT OF BEGINNING. PARCEL CONTAINS AI'll"ROXIMATELY 35,324 ACRES SUBJECT TO ALL EASEMENT'S, RESTRICTIONS, .AND RIGHTS-OF-WAY (,-)F RECORD PERTAINING TOTHE ABOVE DESCRIBED I.,,ANI.)S. Page 4 of 4-- Cf nditimis ol'Approved Agreemew Exhibit 7" to Ordinance 2017-007