34-314-Order Recorded 3/27/1980J
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Preliminary )
Plat No. 538, Mountain High, ) ORDER
J. L. Ward Construction Company, )
Applicant )
This matter came before the regular term of the Board of County Commissioners
on March 12, 1980. Robert S. Lovlien, Esq. represented the applicant, J.L. Ward
Construction Company, and Louis B. Dvorak, County Counsel, advised the Board on
the legal issues involved. The Board also considered the findings of fact made
by the Hearings Officer in response to this Board's order of Decmeber 18, 1979.
Argument having been heard, and the Board being fully advised, the following
order was stipulated between the applicant and the Board of Commissioners as dis-
posing of all issues raised on the appeal in consideration of Kirk E. Ward's
dismissal of Ward v. Deschutes County Board of Commissioners, Deschutes County
Circuit Court No. 26191, and applicant's waiver of all claims against the County
arising in connection with the proceedings in this matter so far.
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The Board of Commissioners hereby adopts and incorporates herein by ref-
t, erence the written findings of fact of the Hearings Officer in this matter dated
` March 20, 1979, and March 10, 1980.
2. Condition 9 of the approval of Preliminary Plat No. 538 by the Hearings
Officer dated March 20, 1979, is modified as follows:
"9. A major partition of tax lot 600 and tax lot 602 of
Assessor's Map 18-12-21 shall be submitted and recorded by
the applicant. This partition shall show a dedication of
and 80-foot right-of-way in alignment with the stub ends
of Sunnyside Boulevard as shown on the plats of Brightenwood
Estates III and Woodside Ranch Phase VI as recorded in the
records of the Deschutes County Clerk. Provided, however,
that the Planning Director may not impose the requirement
of any construction within this right-of-way as a condition
to the recordation of such major partition. Nothing
herein prevents the Roadmaster from exercising his usual
duties of recommending the exact location and width of the
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"right-of-way pursuant to the Deschutes County Standard
Specifications for Design and Construction now in force
or prevents the Board of Commissioners from requiring
compliance with those standards as to location and width
of right-of-way dedication."
DATED this day of March, 1980.
BOARD OF COUNTY COMMISSIONERS
CLAY C.
i
ROBERT C. PAULSON, JR., Commiss' r
ACCEPTED:
J. L. WARD CONSTRUCTION
COMPANY
By :
Distribution:
Planning Director
Roadmaster
Planning. Commission
Hearings Officer
County Counsel
Robert S. Lovlien, Esq.
PAGE -2- ORDER