2010-25-Order No. 2010-004 Recorded 1/12/2010REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS r} ~}~~~~~J
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NANCY BLANKENSHIP, COUNTY CLERK CJ L
LEfAJ. COUNSEL COMMISSIONERS' JOURNAL 01/12/2010 10:41;49 AM
IIIIIIII IIIIIIIIIIIIIIII I III
2010-25
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring that Marie Harry Has A
"Common Law Vested Right" To * ORDER NO. 2010-004
Continue and Complete the Land Use
Described in TP-05-964
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 the Marie Harry is the recipient of a Measure 37 waiver issued
by the county in Board of County Commissioners Order number 2005-025 and the Oregon Department of
Land Conservation and Development in Order number MI 18557; and
WHEREAS, the board finds that on July 30, 2007 the county issued a tentative approval of a 9-lot
residential subdivision on the property which is subject to the aforementioned waivers. This tentative
approval was approved in Deschutes County file number TP05-0964; and
WHEREAS, Marie Harry 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. Marie Harry is entitled to relief under Measure 49, Section 5(3). She may
continue and complete the land use described in TP05-0964. She 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-05-
0964.
PAGE I of 2- ORDER No. 2010-004 (1/2010)
Section 2. This order does not relieve Marie Harry from complying with any of the
conditions of approval of TP-05-0964, any other applicable portion of the Deschutes County Code, or
state law. Any further use of the land not approved in TP-05-0964 would be subject to the land t.se
approval process.
DATED this U day of 2010.
i
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
([~wAA I
Recording Secretary
DENNIS R. LUKE, Chair
r!,c-C Cam-
ALAN UNGER, Vice Chair
Qt~~Xnz -
TAMMY BANEY, C missioner
PAGE 2 of 2- ORDER No. 2010-004 (1/2010)