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37-828-Order No. 81-239 Recorded 5/7/1981VOL 3 ! PAGE ~ g • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,, OREGON A Nunc Pro Tunc Order Clarifying ) r t t E the Approval of Lower Bridge Estates ) Subdivision, Plat No. 555. a 1981 ORDER NO. 81-239 ROSEMARY DESCHUT pATTERSpN WHEREAS, on December 6, 1979, the Board of County RPUNTy CLERK missioners heard the appeal of the preliminary approval of the Hearings Officer of Lower Bridge Estates Subdivision, Plat No. 555; and WHEREAS, on that date, the Board of County Commissioners approved said preliminary plat, incorporating the decision of the Hearings Officer with certain modifications; and WHEREAS, the Hearings Officer's findings and decision, which were adopted by the Board of County Commissioners, made no reference to setbacks from the river or rim within the subdivision; and WHEREAS, on December 6, 1979, setbacks from the river were 50 feet from the high water mark; and WHEREAS, on September 17, 1980, the setbacks from the high water mark and the rim were amended to 100 feet; and WHEREAS, on April 21, 1981, the developer of Lower Bridge Estates Subdivision appeared before the Board of County Commissioners and requested an interpretation of the subdivision approval; and WHEREAS, the facts and circumstances leading to the pre- liminary approval and amendments to the ordinances affecting this approval were discussed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the approval of Lower Bridge Estates Sub- division, Plat No. 555, dated December 6, 1979, incorporated the understanding that a requirement for 100-foot setbacksfrom the high water mark and rim was specifically rejected, and that the Plat was approved with setbacks as required by the County Ordinances in effect as of the date of approval. DATED this day of a, 1981, nunc pro tunc. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON C m o) ATTEST: unairman ALBE T YOUN om i net SUSAN STONE MAN Recording Secretary CLAY C. HEPAR , Commi sinner ORDER NO. 81-239, PAGE 1