HomeMy WebLinkAbout2021-08-30 C. Macbeth - COLW Comments1
Chenelle Hale
From:Carol Macbeth <carol@colw.org>
Sent:Monday, August 30, 2021 4:00 PM
To:William Groves
Subject:Additional comments LUBA No. 2018-140
Attachments:LandWatch comments Aug. 31.pdf; Exh. 3 deed.pdf; Exh. 2 deed.pdf; Exh. 1 aerial .pdf
[EXTERNAL EMAIL]
HI Will,
Please find attached additional comments for LUBA No. 2018-140.
Please placed the attached before the Hearings Officer and acknowledge receipt.
Best regards,
Carol
--
Carol Macbeth
Staff Attorney
Central Oregon LandWatch
Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities
2
1/4 SE 1/4 of Section 29, T 15 S, R 12 E, WM. On the same day a second
Quitclaim Deed 2021-044813 was recorded carving out a 0.5-acre parcel from
the same area. Exh. 2, 3.
It has been unlawful to create parcels by deed in Deschutes County since
April 5, 1977. The three new EFU parcels on the area formerly known as TL
7801 do not meet the County's definition of lots of record, and two of them are
not owned by the applicant. DCC 18.04.030.
This is not a collateral attack on an earlier County decision that found TL
7801 to be a lot of record. That decision verified that a former 40-acre parcel
was a lot of record, but that parcel no longer exists.
The subject property has changed and is not the property that was before
LUBA. The property was comprised of lots of record, but no longer is. A unit
of land resulting from an unlawful division does not qualify for a conditional
use permit where a unit of land must be a legal lot of record before a permit
may be issued. There is no record of lot line adjustments for TL 7801 and if
there were, a lot line adjustment cannot result in three parcels where there was
formerly only a single parcel, as happened here. The application cannot be
approved for the area of land formerly occupied by TL 7801, because the three
parcels are not lots of record. DCC 22.04.030(B). Thank you for your attention
to these views.
Sincerely,
/s/ Carol Macbeth
Carol Macbeth
Staff Attorney
Central Oregon LandWatch
AFTER RECORDING RETURN TO: Pinnacle Utilities, LLC 244 7 NW Canyon Drive
Redmond, OR 97756
UNTIL A CHANGE IS REQUESTED, ALL
TAX STATEMENTS SHALL BE SENT TO: Pinnacle Utilities, LLC 2447 NW Canyon Drive Redmond, OR 97756
Deschutes County Official Records 2021-44814D-D
Stn=7 AP 07/30/2021 02:54 PM
$25.00 $11.00 $10.00 $61.00 $6.00 $113.00
I, Nancy Blankenship, County Clerk for Deschutes County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Nancy Blankenship -County Clerk
STATUTORY QUITCLAIM DEED (Oregon)
CENTRAL LAND AND CATTLE COMPANY LLC, an Oregon limited liability company ("Grantor"), releases and quitclaims to PINNACLE UTILITIES, LLC an Oregon limited liability company ("Grantee"), all right, title and interest held by Grantor in and to the following described real property:
The real property described in Exhibit "A" attached hereto.
The true consideration for this conveyance is $330,116.00.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this 30th day of July, 2021.
[Signature and notary acknowledgment appear on following page.]
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1 - STATUTORY QurTcLAIM DEED (OREGON) Deschutes County
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