2003-1378-Order No. 2003-105 Recorded 11/4/2003NANCYDESCHUBLANKENSHIPTES COUNTY OFFICIAL
COUNTY CLERKDS CJ 200301318
REVIEWED COMMISSIONERS' JOURNAL 11/04/2003 04;31,50 PM
LEG XL COUNSEL 111111111 1111111111111111
2003-1!Jill For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving a Request to Trim Willows on
Property Subject to a County-Held Conservation
Easement.
ORDER NO. 2003-105
WHEREAS, the Board received a request from Raymond Cecchi and Douglas McGuire to trim willows on
property identified on Deschutes County Assessor's Map# 20-10-24CC as tax lot 99, and
WHEREAS, the subject property is subject to a conservation easement granted to the County and recorded at
volume 167, page 279 of the records of the County Clerk, and
WHEREAS, the Board reviewed comments received from the Oregon Department of Fish and Wildlife, the U.S.
Forest Service and interested parties, and
WHEREAS, the Board reviewed the request at their regularly scheduled meetings on October 22, 2003 and
October 29, 2003, and
WHEREAS, two Board members conducted site visits in order to render a decision, and
WHEREAS, a key term to interpret in the easement is the description of the location of the easement, especially
with respect to the use of the word "bank", now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS
as follows:
Section 1. That the meaning of the term "bank", as used in the description of the location of the easement, is the
physical container of the waters of the channel and marina lying below bank-full stage and the land 10 feet on either side of
the container because this meaning is consistent with how the term is used in the Deschutes County Code (DCC).
Section 2. That the applicants have approval to trim willows on land subject to the county-held conservation
easement provided that t~he/ willows be trimmed no shorter than four and one-half feet, as measured from natural grade.
DATED this day of 2003.
BOARD OF UNTY COMMISSIONERS
OF DES ES COUNTY, OREGON
01
D NNIS R. LUKE, Cha'
ATTEST:: / Q
Recording Secretary
TOM DEWOLF, Commissi er
MI Y, o issioner
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