2013-17-Order No. 2013-001 Recorded 1/11/2013COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKOS vJ 2013017
COMMISSIONERS' JOURNAL
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Deschutes County Clerk
Certificate Page
REVIEWED
LEG ,COUNSEL
DSCH COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKS 2013001319
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This is a no fee document,
for Recoor ing-~p ~y
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Conservation Easement and
Approving 4 Request to Add a Well on Property * ORDER NO. 2013-001
Subject to a iCounty-Held Conservation Easement
WHEREAS, the Board of County Commissioners (`Board") received a request from the Williams
Family Trust (Williams, Woody W. & Martha S. Trustees) to place a well on property identified as Deschutes
River Recreation Homesites Unit 9, Part 2, Lot 81, Block 53; and
WHEREAS, the subject property is subject to a conservation easement granted to the County and
recorded on jOctober 29, 2008 at Volume 2008, Page 43701 of the records of the County Clerk; and
WHEREAS, the Board of County Commissioners ("Board") considered this matter at their regularly
scheduled meeting on January 7, 2013 and concluded that the proposed well is consistent with the conservation
easement; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS
as follows:
Sec 'on 1. The Board, representing the grantee, ratifies Kevin Harrison's signature on October 28, 2008
as the County's acceptance of the conservation easement recorded in the Deschutes County Official Records at
2008-43701 encumbering the property of Woody W. Williams and Martha S. Williams, as Trustees of the
Williams Family Trust, grantors.
Section 2. The Board also consents to the construction of the well within the easement.
PAGE 1 OF 2 - ORDER NO. 2013-001
Section 3. In support of the consent, the Board adopts the findings of the staff attached as Exhibit "A"
to this doculment."
Dated this of 013
ATTEST:
Recording Secretary
STATE OF OREGON )
1 ss.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY,. OREGON
wt,"aur-
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ANTHONY DEBONE, Commissioner
County of Deschutes )
Before me, a Notary Public, personally appeared ANTHONY DEBONE, ALAN UNGER and TAMMY BANEY
and the abo a-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the
foregoing instrument on behalf of Deschutes County, Oregon.
aKi
DATED this day of 2013.
Notary Publi for Oregon c~
My Commission Expires: _ ail
PAGE 2 O~ 2 - ORDER NO
I
2013-001
losses
OFFICIAL REAL
BONNIE LEE'BAKER
07COMMISSION OTARY PUBLIC OREGON
NO. X355987
EXPIRES FEBRUARY 23 2015
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Community Development Department
Planning Division Building Safety Division Environmental Soils Division
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117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
EXHIBIT "A" - FINDINGS
LOCATION: The property is located at 17035 Upland Drive, Bend and is
identified on Deschutes County Assessor's Map # 20-10-13D as
tax lot 17700.
APPLICANT/
OWNERS: Williams Family Trust
Williams, Woody W
Williams, Martha S
Williams, Woody W & Martha S Trustees
804 S. 131 st St
Omaha, NE 68154
REQUEST: Prior written approval for a well under a conservation easement
recorded on October 29, 2008 at Volume 2008, Page 43701.
STAFF CONTACT: William Groves, Senior Planner
1. TANDARDS AND APPLICABLE CRITERIA
the conservation easement recorded on October 29, 2008 at Volume 2008, Page
43701.
II. QASIC FINDINGS:
A. LOCATION: The property is located at 17035 Upland Drive, Bend and is identified on
Deschutes County Assessor's Map # 20-10-13D as tax lot 17700.
B. LOT OF RECORD: The subject property is a legal lot-of-record as it is Deschutes River
Recreation Homesites Unit 9, Part 2, Lot 81, Block 53.
C. ZONING: The subject property is zoned Rural Residential - 10 (RR-10). The property is
a so zoned Flood Plain (FP), however, the proposed well is outside of the FP Zone. The
p operty is also located within the Landscape Management (LM) and Wildlife Area (WA)
Combining Zones.
Quality Services Performed with Pride
D. 41TE DESCRIPTION: The subject property is level in the area of the dwelling with
moderate-density, pine trees of various ages. The property then slopes down towards
the river with a wetland area adjacent to the Deschutes River. Surrounding land use is
rural residential. The proposed well is located outside of mapped floodplains and
Wetlands shown on the Local Wetland Inventory.
E. PROPOSAL: The applicant has requested to place a well in an area on the subject
property encumbered by the conservation easement recorded on October 29, 2008 at
Volume 2008, Page 43701. This conservation easement expressly allows for "water
pumping facilities" in the easement area, provided the Deschutes County give prior
Written approval and that specific findings are made.
III, FINDINGS:
A. CONSERVATION EASEMENT
11. Section 2.2. Restrictions on Structures
A. Except as provided herein no new structures of any kind, including
mobile homes, shall be placed on or erected within the restricted
area. Grantor(s) retains the right to perform ordinary maintenance
on all existing buildings and structures within the restricted area,
together with the right to replace, rebuild, or substitute any building
or structure now existing with a similar building or structure to the
extent allowed by the Deschutes County Zoning Ordinance.
B. Except upon prior written approval by the Grantee, Grantor(s) shall
not place or erect or allow to be placed or erected within the
restricted area:
(1) Tents, travel trailers, recreational vehicles or camping
facilities of any kind;
(2) Above-ground utilities, associated structures, or lines; or
(3) Water pumping facilities.
Approval of new water pumping facilities shall include a review of
the proposed location, pumping facility design and visual and sound
reducing screening for consistency with the protection of scenic,
water quality and habitat values in and along the river
FINDING: This conservation easement expressly allows for "water pumping facilities" in the
easement area, provided the Deschutes County gives prior written approval for the well. This
matter Will be brought before the Board of County Commissioners for review and signature.
The applicant has provided a plot plan of the proposed well location, photos of the proposed
well location, and a photo of the proposed well and housing. The well and housing will be under
two feet) in height and finished in earth tones. No adverse impacts to water quality, scenic
LM-12-48 Page 2
resources, or habitat values are anticipated. Staff therefore finds that the proposed well is
consistent with the protection of scenic, water quality and habitat values in and along the river.
IV. CONCLUSION:
Based on the foregoing Basic and Conclusionary Findings, Staff finds that the proposed
well can' comply with the applicable standards and criteria of the conservation easement.
Other permits may be required. The applicant is responsible for obtaining any
necess ry permits from the Deschutes County Building Division, the Deschutes County
Enviro mental Soils Division and the Deschutes County Road Department, as well as any
require state and federal permits.
ise findings are based upon the application, site plan, specifications, and
g documentation submitted by the applicant. Any substantial change in this
use will require a new review.
DESCHUTES COUNTY PLANNING DIVISION
Written Icy: Will Groves, Senior Planner
Dated this 27th day of November, 2012
LM-12-4$
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