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2007-526-Order No. 2007-090 Recorded 5/16/2007COUNTY OFFICIAL P NANCYUBLANKENSHIP, COUNTY CLERKOS COMMISSIONERS' JOURNAL 05/16/2007 04;21;22 PM 2007-526 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page DESCHUTES COUNTY OFFICIAL RECORDS 7001.26906 REVI D NANCY BLANKENSHIP, COUNTY CLERK LEGAL COUNSEL 11111111111111111111 IN I IIII I III NO FEE 00547676200700268060030038 05/11/2007 11;28;23 AM D-M37 Cntsi Stn=1 BN This is a no fee document BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Denying a Ballot Measure 37 Claim Submitted by the City of Prineville, Oregon * ORDER NO. 2007-090 WHEREAS, On November 2, 2004, the voters of the State of Oregon approved Ballot Measure 37 which added provisions to Oregon Revised Statutes (ORS) Chapter 197 to require, under certain circumstances, payment of just compensation to landowners if a government land use regulation reduces property value. In lieu of just compensation, Ballot Measure 37 authorizes the governing body of a local government to modify, remove or not apply the land use regulation, and WHEREAS, The City of Prineville, Oregon made a timely demand for compensation under Measure 37 for a reduction in value to its property at 495 NE O'Neil Way, Redmond, Oregon due to regulations which took effect after it acquired this property, and WHEREAS, Section 8 of Measure 37 authorizes the Board, as the governing body responsible for adoption and enforcement of County regulations, to not apply the identified land use regulation that restricts the owner's use and reduces the value of the property in lieu of payment of compensation; and WHEREAS, ORS 197.352(1) provides that only land use regulations that restrict the use of "private real property or any interest therein" is entitled to be paid just compensation when such regulations have the effect of reducing the fair market value of the property; and WHEREAS, the Board has considered the claim and the evidence presented by the parties at a Board meeting as required by DCC 14.10.090; and WHEREAS, the Board makes the following findings of facts and conclusions; On December 1, 2006, the City of Prineville, Oregon filed a Measure 37 claim with the Community Development Department. Materials submitted with the claim indicate the subject property is owned by the City of Prineville Railway. Claimant first acquired the property in April, 1917. A warranty deed issued in 1981, recorded at Volume 338 Page 868 shows title having been conveyed to the City of Prineville Railway, although there is no documentation showing the status of such entity other than that it too is owned by the City of Prineville. The County land use regulations in place at that time prohibited commercial use of the property. 2. The property is located at 495 NE O'Neil Way, Redmond, Oregon and is within Deschutes County. 3. The Board finds that the subject property is publicly owned and is therefore not eligible for recovery under Measure 37. 4. The Board finds that all provisions of the County's zoning and subdivision ordinances were adopted after the property was first acquired by the claimant and if applied to the subject PAGE 1 of 2- ORDER No. 2007-090 (05/07/07) property, would not permit commercial development of the subject property as desired. The current regulations are land use regulations which are not exempt from Measure 37 claims. 5. The Board finds that an application for commercial development of the subject property as described in the claimant's materials would be denied if the current regulations were applied. Therefore, such an application to determine enforcement of the current zoning to the Claimant's property would be futile. 6. County land use regulations which were all adopted after the Claimant first acquired the property have the effect of reducing the value of such property. The Board finds that there is no evidence which demonstrates that the current procedural regulations have reduced the value of the subject property. 8. The County Administrator has recommended that the claim be denied; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Board hereby determines, based on these findings, that the claim is not eligible under DCC 14.10.100 and ORS 197.352(l). Notwithstanding the foregoing, if a reviewing court should determine that the City of Prineville is qualified to bring a claim as to the subject public property pursuant to Measure 37, then, in lieu of compensation, the County would elect to not apply non-exempt land use regulations enacted by the County after the Claimant's acquisition date. Section 2. This Order shall be recorded in the Deschutes County Deed Records together with portions from the deed or other instrument in Exhibits A and B sufficient to identify the subject property for recording purposes. DATED this 7 day of May, 2007. ATTEST: (~Z~ D Recording Secretary PAGE 2 of 2- ORDER No. 2007-090 (05/07/07) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A parcel of land in the Southwest Quarter-of the Norwest Quarter (SW1/4NW1/4) of Section Thirty-four (34), Township Fourteen (14) South, Range Thirteen (13), East of the Willamette Meridian, Deschutes County, Oregon, and which said strip of land is more particularly described as follows: Commencing at the Southeast corner of the SW1/4NW1/4 of said Section 34; thence West along the South line of said SW1/4NW1/4 a distance of 236 feet more or less to the intersection with the Easterly right of way line of the Oregon Trunk R/W; thence in a Northwesterly direction along said right of way line a distance of 1370 feet to an. intersection with the North line of the SW1/4NW1/4 of said Section 34; thence-East along said North line 608 feet more or less to an intersection with the East line of. the SW1/4NW1/4 of said Section 34; thence South along said East line a distance of 1320 feet to the point of beginning.