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Home My WebLink About2021-08-31 C. Macbeth - COLW Comments1 Chenelle Hale From:Carol Macbeth <carol@colw.org> Sent:Tuesday, August 31, 2021 2:37 PM To:William Groves Subject:Further comments LUBA No. 2018-140 Attachments:additional LandWatch August 31 comment.pdf; Exh. A aerial .pdf; Exh. B.pdf; Exh. C .pdf; Exh. D.pdf [EXTERNAL EMAIL] Hi Will, Attached please find further comments from LandWatch. Please place into the record and acknowledge receipt. Best, Carol -- Carol Macbeth Staff Attorney Central Oregon LandWatch Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 2843 NW Lolo Dr., Ste. 200 | Bend, OR 97703 Phone: (541) 647-2930 www.colw.org August 31, 2021 Hearings Officer Deschutes County Community Development 117 NW Lafayette Avenue Bend, OR 97703 Re: 247-21-000731-A, 18-386-TP, 18-454-SP, 18-542-MA, LUBA No. 2018-140, Court of Appeals A171603 Dear Hearings Officer: LandWatch offers the below addition to our earlier comments regarding the reconfiguration of the subject property by recent conveyances from Central Land and Cattle to Pinnacle Utilities. Ex. A, B, C. This is a critical issue affecting the status of the application. The July 30, 2021 application affirmatively states TL 7800, TL 7801, and TL 7900 are lots of record because of a prior decision in the CMP. Ex. D. Now, on August 31, 2021, that is apparently no longer the case. Upon the recording of the attached deeds, there are new parcels, with new boundaries. The new parcels have never been submitted for lot of record verification. See Ex. A, B, C. This is a change in facts, not a change in law. The subject property has materially changed. The property that was the subject of LUBA's remand was comprised of lots of record, but the property before the Hearings Officer is not. Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 2 In addition to the change in the boundaries of the parcel TL 7801 and Deschutes County 2021-044814, Ex. C, it appears parcels TL 7800 and TL 7900 that formerly occupied the N 1/2 of the SE 1/4 of Section 29 were changed by the deed attached as Ex. B, Deschutes County 2021-044813. See Ex. A, B, C. These three parcels have been changed by unlawful divisions of land by deed. A unit of land resulting from an unlawful division of land 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. Deschutes County requires that EFU parcels must be lots of record before a permit may be issued for them. DCC 22.04.030(B). Verifying that a lot or parcel was lawfully created is a threshold issue that must be addressed before the permit may be issued. DCC 22.04.030(A). The application cannot be approved because the newly formed EFU parcels are not lots of record as required by DCC 22.04.030(B). There do not appear to be records of lot line adjustments for TL 7900, TL 7800, or TL 7801, and if there were, lot line adjustments cannot result in new parcels. As shown on Page 5 of the deed in Ex. B, and in the attached approximate drawing Ex. A, this deed resulted in the creation of an interior new parcel, owned by Pinnacle, surrounded by Central Land and Cattle parcels. The Hearings Officer may not issue development permits for this property, because the circumstances have materially changed since the property was placed before LUBA at the time of LUBA No. 2018-140. Though the record indicates the former parcels that comprised the property were verified as lots of record in the past, the new parcels as of July 30, 2021 have not been Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 3 verified as lots of record. The DCC 18.04.030 definition of lots of record only recognizes parcels that "conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created." The new parcels cannot be verified as lots of record because they were unlawfully created by deed in the present. Their method of creation did not conform to all zoning and subdivision or partition requirements in effect at this time. DCC 17.04.02; ORS 92.012.1 DCC 22.20.15(A) prohibits approval of a land use decision on "any property that is in violation of applicable land use regulations."2 The property is in violation of DCC 17.04.02 and ORS 92.012. Note 1. Therefore no land use development application may be approved for the property. The above circumstances will be unchanged by any subsequent conveyances of the parcels. Thank you for your attention to these views. Sincerely, /s/ Carol Macbeth Carol Macbeth Staff Attorney Central Oregon LandWatch 1 DCC 17.04.02: No person may subdivide or partition land within the County except in accordance with ORS 92 and the provisions of DCC Title 17. ORS 92.012: No land may be subdivided or partitioned except in accordance with ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment). 2 DCC 22.20.15(A) : [I]f any property is in violation of applicable land use regulations, and/or the conditions of approval of any previous land use decisions or building permits previously issued by the county, the county shall not: 1. Approve any application for land use development 2. Make any other land use decision... 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.] Return To: 1 - STATUTORY QurTcLAIM DEED (OREGON) Deschutes County ·Title eompanY STATE OF Drt3{)1/l ) County of Deuhub � ss. GRANTOR: CENTRAL LAND AND CATTLE COJvfi>ANY LLC, an Oregon limited liability -4-\tt J . This instrument was ackn�v.;Iedged before me this JO day of -LJ,./ '{ , 202 J., by Kffi'Y)uDn ToLts.h m12�. as-----of Central Land add Cattle Company LLC, an Oregon limited liability company. • OFFICIAL STAMP GRETCHEN CONNER PECK NOTARY PUBLIC-OREGON COMMISSION NO.1008322 ·IIY COMMISSION EXPIRES FEBRUARY01,2G25 2 -STATUTORY QUITCLAIM DEED (OREGON) NOT y PUBLIC FOR 6 :le. . � f 6 /'e(:JC:4·1.,.My Commission Expires: ,;7 e-I �-� O,;J. s--- more less, 01 °27'23" West a distance a the 3 -STATUTORY QUITCLAIM DEED (OREGON) 1 11 HEGISJt:RE:b PROFl;SS!ONAl,, LANO: SU.R'.VEYdR PATRICK.�A(tE COLE· EXHIBITB-2 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4 SE1/4) OF SECTION 29, TOWNSHIP 15 SOUTH, RANGE 12 EAST, W.M., DESCHUTES COUNTY, OREGON ------ NORTH N15'21 '46"E 57.24' 7/ZB/ZI REGISTERED PROFESSIONAL LAND SURVEYOR NE CORNER SE1/4SE1/4 SECTION 29 N88"32'36"E 507.92' FACILITY LOT 5 TRUE POINT OF BEGINNING N89'22'43"W 525.00' N45'25'10"W 72.03' OREGON JULY 10, 2007 PATRICK GAGE COLE 79157 EXPIRES: 12(31/21 POINT OF COMMENCEMENT SE CORNER SECTION29 S: \Land Prajects\Thornburgh\dwg\SURVEY\1801 lOA-Descriptions.dwg Jul 28, 2021 1-1 Wr A. FACILITY LOT s SHEET ,M _____ c_E_N_T_R_A_L_LA_N_□_A_N_□_c_A_TT_LE_co_M_PA_N_Y_L_L_c __ ---t 2/2 SCALE: 1" = 200' DRAWN BY: AQR DATE: 7/29(2021 CML El,GINEEl'IING I SVl'IV�YIHG I PLANNING