2009-1542-Order No. 2009-072 Recorded 12/8/2009REVIEWED
-131 --11
LEG COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
II I I I I III II VIII I III I I II III
2 -is4
RECORDS 2009+~~~
CLERK 1l~iJd r7 +
12/08/2009 09;19;52 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring that David Hurtley
Has A "Common Law Vested Right" To * ORDER NO. 2009-072
Continue and Complete the Land Use
Described in TP-07-999
WHEREAS, Measure 49, Section 5(3) allows recipients of "Measure 37 Waivers" to continue and
complete a land use approved pursuant to "Measure 37 waivers" provided that on December 6, 2007 the
recipient of the waiver had achieved a "common law vested right" to continue and complete the use
described in the waiver; and
WHEREAS, the board finds that David Hurtley is the recipient of Measure 37 waiver issued by
the county in Board of County Commissioners Order number 2005-080 and the Oregon Department of
Land Conservation and Development in Order number M120363; and
WHEREAS, the board finds that county tentatively approved a subdivision plan in TP-07-999 for
29.86 acres to be subdivided into 5 residential lots and on December 6, 2007 David Hurtley had made
substantial progress toward completing the land use described in TP-07-999; and
WHEREAS, David Hurtley qualifies for a "common law vested right" under Oregon case law and the
board finds that there are no other legal impediments to relief; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. David Hurtley is entitled to relief under Measure 49, Section 5(3). He may continue
and complete the land use described in TP-07-999. He is entitled to record a final plat and have the land
subdivided according to that plat pursuant to all of the conditions of approval in TP-07-999.
PAGE 1 OF 2- ORDER No. 2009-072 (11/09)
Section 2. This order does not relieve David Hurtley complying with any of the conditions of
approval of TP-07-999, any other applicable portion of the Deschutes County Code, or state law. Any further
use of the land not approved in TP-07-999 would be subject to the land use approval process.
DATED this 4-' day of ~ 2009.
,
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DE CHUTES COUNT OREGON
TAMMY BA EY, Chai
D NNIS R. LUKE, Vice Chair
ALAN UNGER, Commissioner
PAGE 2 OF 2- ORDER N0.2009-072 (11/09)