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2006-771-Order No. 2006-122 Recorded 7/26/2006COUNTY OFFICIAL REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1006'111 COMMISSIONERS' JOURNAL 01/26/2006 03;41;12 PM LEGA COUNSEL 111111 2006-771 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON An Order Accepting Withdrawal of Application by Applicant J Bar J in File No. A-05-1 (MP-04- * ORDER NO. 2006-122 4, CU-04-57, SP 04-27 and RC-04-1) WHEREAS, Community Development Department Case No. A-05-1 (MP-04-4, CU-04-57, SP 04-27 and RC-04-1) was appealed to the Land Use Board of Appeals ("LUBA") in Case No. 2005- 038, and WHEREAS, pursuant to a settlement agreement, on June 23, 2006, the parties submitted a Stipulated Motion for a Voluntary Remand that was granted by LUBA on June 28, 2006, and WHEREAS, in accordance with the settlement agreement, on July 11, 2006, the applicant submitted to the County the applicant's notice of withdrawal of the application, and WHEREAS, upon acceptance of the application withdrawal by the Board of County Commissioner's, the petitioner (appellant) will file a motion to dismiss the case; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The applicant's withdrawal of the application in CDD Case Nos. MP-04-4, CU-04-57 and SP 04-27 attached as Exhibit A and incorporated by reference is accepted. DATED thij2 e--day of QLA~ , 2006. ATTEST: Recording Secretary DALY. Cordmissi PAGE 1 OF 1- ORDER No. 2006-122 (07/24/06) BOARD OF COUNTY COMMISSIONERS HENDRIX-9 BRINICH d`? BERTALAN, L.L.P. 716 NW Harriman St. ATTORNEYS AT LAW Greg Hendrix, P.C. Bend, Oregon 97701 www.hxbri.com Ken Brinich, P.C.* 541.382.4980 Lisa N. Bertalan, P.C. 541.382.9060 fax *admitted Oregon & U.S. Patent Bar July 11, 2006 our file: 9764.35 The Honorable Board Of County Commissioners Deschutes County. 1300 NW Wall St Bend, OR 97701 Re: Minor Partition MP-04-4, Site Plan & CUP applications CU04-57 & SP04-27 J Bar J Youth Services Greetings, As you may recall, I represent J Bar J Youth Services in the above applications. Pursuant to an agreement we have reached with the neighbors my client hereby withdraws the applications. My client and I appreciate the work the County put into this matter. Thank you. Regards, c: Ms. Stephanie Alvstad Mr. Paul Dewey, Esq. Ms. Laurie Craghead, Esq. v t