2010-27-Order No. 2010-005 Recorded 1/12/2010r
REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS ^ } 2010-27
NANCY BLANKENSNIP, COUNTY CLERK 1►J COMMISSIONERS' JOURNAL
L COUNSEL 01112/2010 10;41;49 AM
II VIII II Ililllllllll it III
2 10-2
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring that Olaf and Jannis
Bolken have A "Common Law Vested Right" * ORDER NO. 2010-005
To Continue and Complete the Land Use
Described in TP-07-1000
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 Olaf and Jannis Bolken are the recipients of Measure 37 waiver
issued by the county in Board of County Commissioners Order number 2006-157 and the Oregon
Department of Land Conservation and Development in Order number M129491; and
WHEREAS, the board finds that county tentatively approved a subdivision plan in TP-07-1000 for
31.40 acres to be subdivided into 5 residential lots and on December 6, 2007 the Bolkens have made
substantial progress toward completing the land use described in TP-07-1000; and
WHEREAS, Olaf and Jannis Bolken qualify 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. Olaf and Jannis Bolken are entitled to relief under Measure 49, Section 5(3). They rnay
continue and complete the land use described in TP-07-1000. They are 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-07-1000.
PAGE 1 of 2- ORDER No. 2010-005 (1/2010)
Section 2. This order does not relieve the Bolkens with complying with any of the conditions )f
approval of TP-07-1000, any other applicable portion of the Deschutes County Code, or state law. Any furth -r
use of the land not approved in TP-07-1000 would be subject to the land use approval process.
DATED this day of mac. , 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
DENNIS R. LUKE, Chair
~~t~C-Cvn- t!il/k
ALAN UNGER, Vice Chair
TAMMY BA Y, Commis i ner
PAGE 2 of 2- ORDER No. 2010-005 (1/2010)