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2005-196-Order No. 2005-016 Recorded 3/16/2005f REVIEWED LEGAL COUNSEL COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS 96 COMMISSIONERS' JOURNAL 2005-195 031161105 04&T PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving Measure 37 Request to Withdraw the Claim and for a Refund of Filing Fee - Claimants: Argie and Helen Martin ORDER NO. 2005-016 WHEREAS, Argie W. and Helen Martin mailed their Measure 37 claim and letter dated February 21, 2005 on their property then located inside the City of Redmond Urban Growth Boundary (UGB); and WHEREAS, the City of Redmond has annexed that property into the City effective March 1, 2005; and WHEREAS, Measure 37 claims are not land use decisions directly covered by the Joint Management Agreement of the UGB area between Deschutes County and the City of Redmond; and WHEREAS, the zoning at issue in the Martin's Measure 37 claim was adopted by the County in 2001 when the land was under County jurisdiction, and adopted by the City as part of the Joint Management Agreement for the UGB area; and WHEREAS, the City Attorney for Redmond has indicated that the 2001 zoning remains in effect for the Martin's property after March 1, 2005 annexation; and WHEREAS, upon notification of the City's jurisdiction over their property, the claimants have requested that their claim be withdrawn and that their filing fee be refunded; and WHEREAS, the Community Development Department which collected and processed Measure 37 filing fees has a policy of charging a $35.00 processing fee; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Board hereby approves Argie W. and Helen Martin's request to withdraw their Measure 37 claim for their property at 3131 SW Highland Avenue in Redmond, Oregon. PAGE 1 OF 2- ORDER N0.2005-016 (03-16-05) Section 2. The Board hereby approves the Martin's request for refund of their $500.00 filing fee, less a $35.00 processing fee. DATED this g day of , 2005. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, REGON TOM EWOLF, Chai ATTEST: &-wvc,~ /69~ Recording Secretary PAGE 2 of 2- ORDER No. 2005-016 (03-16-05)