1988-04039-Resolution No. 88-016 Recorded 3/7/1988I
88-04039 •
COM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Calling For *
Review of the Hearings *
Officer's Decision in
the Matter of Conditional*
Use Permit Applications *
CU -87 -86 and CU -87 -87 For*
River Meadows, and
Setting a Hearing Date. *
RESOLUTION NO. 88 -016
WHEREAS, on November 12, 1987, the Deschutes County Hearings
Officer issued a written decision approving River Meadows'
applications for conditional use permits, CU -86 -87 and CU- 87 -87,
subject to River Meadows and Deschutes County developing and
agreeing to an acceptable form of conservation easement as a
condition of approval of the conditional use permits; and
WHEREAS, on February 24, 1988, the Hearings Officer issued a
written decision, attached hereto as Exhibit "A ", finding that
River Meadows and Deschutes County were unable to come to agree-
ment on the form of conservation easement and approving the form
of conservation easement proposed by River Meadows; and
WHEREAS, the Deschutes County Planning Department has
recommended that the Board of County Commissioners review the
Hearings Officer's decision with respect to the form of conser-
vation easement; and
WHEREAS, Section 21 of Ordinance No. 87 -008, the Deschutes
County land use procedures ordinance, provides that a review of a
hearings officer's decision may be initiated by not less than two
members of the Board of County Commissioners; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. The February 24, 1988, decision of the
Deschutes County Hearings Officer concerning the conservation
easement required as a condition of approval for River Meadows'
conditional use permits, CU -87 -86 and CU- 87 -87, shall be reviewed
by the Board of County Commissioners.
Section 2. A public hearing on the review shall be held at
11:00 a.m. on March 30, 1988, pursuant to Ordinance No. 82 -011.
K ?C .- TDRESOLUTION NO. 88 -016
.- MICROFILMED;
MAR 2 3 1988
DATED this day of 244;1, 1988.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DFySCHUT S COUNTY, ,O EGON
LOSS BRIST W PRANTE, Commissioner
I
1
TOM t 00 C•1 u.issioner
ecording Secretary D K MA 'LIN, C airman
2 - RESOLUTION NO. 88 -016
TES
0
e
February 24, 1988
0090 -0811
Community Development Department
Karen H. Green
Assistant Legal Counsel
Deschutes County Administration Bldg.
Bend, OR 97701
Rece Bly
Miller, Nash, Wiener, Hager & Carlsen
Attorneys at Law
3500 U.S. Bancorp Tower
111 SW Fifth Avenue
Portland, OR 97204 -3699
Courthouse Annex / Bend, Oregon 97701
RECEIVED (503) 388 -6575
FEB 2 5 1930
E'e chu'es Cnwwnt"
Re: River Meadows Conditional Use Application
Dear Karen and Rece:
This will confirm our conversation of February 19, 1988. As you
know, an issue was raised regarding the scope of a conservation
easement which was a requirement of the Conditional Use Permit.
At the hearing on the Conditional Use Permit there was testimony
by the County that the principal purposes for the conservation
easement would be to allow access along the river bank for both
boats and pedestrians, so long as those pedestrians did not
trespass across River Meadows to get to the river bank. A
secondary purpose would be to make sure that there was no further
erosion along the river bank and that vegetation along the river
bank remain in place and no conflicting uses be allowed in the
easement area. At the time of the hearing, the Hearings Officer
was not aware of the language utilized by Deschutes County in
previous easements.
The County and the applicant have been unable to resolve their
differences regarding the scope of the conservation easement. I
have been presented with two proposed easements. The first is
the County's standard form for a conservation easement. The
second is a form presented by the applicant.
It is anticipated that the question of this easement will be
0090 -08'2
Karen Green
Rece Bly
Page 2
February 24, 1988
reviewed by the Board of County Commissioners. However, to get
some progress on this issue a decision on these two proposals is
necessary and that decision should be consistent with the
Hearings Officer's previous decision.
On the basis of the evidence at the hearing and the language of
the Findings and Decision previously rendered in this
application, the Hearings Officer hereby approves the form of the
conservation easement submitted by the applicant, a copy of which
is attached to this letter.
Dated and mailed this 2g day of February, 1988.
Very truly yours,
Edward P. Fitch
Hearings Officer
EPF:lm
cc: Board of County Commissioners
Deschutes County Planning Commission
Craig Smith
- 0090-0813
1/20/88
DRAFT
CONSERVATION EASEMENT
River Meadows, hereinafter referred to as "Grantor,"
conveys to Deschutes County, a political subdivision of the
State of Oregon, hereinafter referred to as "Grantee," a
conservation easement ( "the Easement ") over, across, through,
and above the following described real property ( "the Property "):
[Legal Description]
1. The Easement is a nonpossessory interest of
Grantee imposing limitations and affirmative obligations
as set out herein.
2. The person or persons, whether natural or corporate
and including Grantor, who now hold or hereafter hold title
to the Property (hereinafter "Owner ") shall retain and protect
the natural scenic and open space values of the Property
as more particularly described herein. Any uses of the Property
shall not unreasonably impair existing natural resources,
air and water quality, and historical, architectural, archaeological,
and cultural aspects of the Property.
3. The Owner shall allow public access to the
Property as part of the Easement. Such public access shall
be subject to the following conditions:
A. Public access shall be limited to foot
traffic for recreational purposes and the putting
in and taking out of boats by persons on foot.
B. Unless otherwise permitted by the owners
of adjacent or nearby real properties over which
the public seeks passage, public access does not
allow public passage through other private properties
to gain access to the Property.
C. Unless otherwise permitted by state law,
county ordinances, or the Owner, no person on
the Property as a result of this public access
requirement shall deposit any solid waste, damage
or remove any property (including wildlife and
vegetation), maintain or ignite fires or fireworks,
discharge firearms, or camp.
Grantee shall be responsible for enforcing the public's
compliance with this paragraph (paragraph 3). The
Owner may also attempt to enforce the public's compliance
with this paragraph (paragraph 3) at its option.
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0000 -0814
4. After consultation with the Owner and providing
reasonable advance notice to the Owner, Grantee may enter
upon the Property for the following purposes:
A. To inspect for violations of the Easement
and to administer the Easement.
B. To implement erosion prevention measures
on the Property that do not unduly interfer with
the Owner's use of the Property.
C. To plant trees and perform restoration
work reasonably necessary to protect, restore,
or enhance the scenic view of the Property.
D. To protect and restore historic or archaeological
sites which may exist on the Property.
E. To take all measures reasonably necessary
to prevent or suppress forest fires.
F. To implement disease prevention measures
to protect the scenic quality of the river setting.
G. To selectively cut or prune brush.
H. To mark, prune, cut, remove, or otherwise
dispose of all dead, dying, diseased, or insect - infested
trees which, in the reasonable judgment of Grantee,
endanger the public safety or materially detract
from the aesthetics of the Property.
5. Nothing contained herein shall be construed
as creating any duty on the part of the Owner or Grantee
to undertake any of the activities listed in paragraph 4
above.
6. The following are restrictions on use of the
Property by the Owner:
A. No additional buildings or residential
structures, including house trailers and mobile
homes, shall be placed, used, erected, or maintained
upon the Property, except as may be permitted
by Grantee.
B. The Owner shall not use or occupy any
portion of the Property in a manner which would
unreasonably impair the natural, scenic, or open
space values of the Property.
C. The construction, placement, or alteration
of the exteriors of any building situated on the
Property may be undertaken by the Owner only after
0090- 0815
obtaining prior written approval by Grantee of
architectural and site plans.
D. The Owner retains the right to perform
ordinary maintenance on all buildings and structures
currently situated on the Property, together with
the right to reconstruct and replace any existing
buildings or structures with similar buildings
or structures in substantially the same locations;
however, the reconstruction or replacement of
any buildings or structures may be undertaken
only after obtaining Grantee's prior written approval
of architectural and site plans.
E. No tents, travel trailers, or camping
facilities of any kind shall be placed or erected
upon the Property by the Owner unless previously
approved in writing by Grantee.
F. No new above - ground utility lines shall
be constructed upon the Property without the prior
written approval of Grantee.
G. No changes in the general topography
or land surface of the Property (including excavation,
road construction, and the quarrying of rocks,
sand, dirt, gravel, and other material) are permitted
without the prior written approval of Grantee.
Grantee hereby expressly approves all improvements
described by Grantor in the applications on file
in CU -87 -86 and CU- 87 -87.
H. No trash, debris, or garbage shall be
dumped on the Property.
I. Grantor shall retain title to all trees,
both standing and downed, that are situated on
the Property; however, the cutting or removal
of trees shall be limited to that needed to maintain
an orderly appearance around nearby buildings
and structures and to provide view corridors for
riverfront lots.
J. No water pumping facilities shall be placed
on the Property in or near the river without the
prior written approval of Grantee. Approval of
such facilities shall be contingent upon the proposed
location, pumping facility design, and the inclusion
of adequate visual and sound reducing screening
for the protection of natural qualities in and
along the river.
K. In connection with the future construction
of improvements on the Property, the Owner shall
take all precautions reasonably necessary to avoid
i 0000-°08 0
damage to fish habitat and shall exercise all
precautions reasonably necessary to prevent muddying
or silting of the river.
L. Owner shall not allow oil or greasy substances
originating from construction operations on the
Property to enter the river.
7. Grantor retains all rights and interests
in the Property that are not expressly conveyed to
Grantee as part of the Easement.
8. The Easement may be enforced by Grantee only,
and it does not place any restrictions or limitations on
the use of any real property other than the Property.
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