HomeMy WebLinkAboutDoc 279 - Amend Conservation EasementREVIEWED
LEGAL COUNSEL
For Recording Stamp Only
AMENDEDMENT TO CONSERVATION EASEMENT
This Amendment to Conservation Easement is made this day of , 2010, by
and between Oregon Water Wonderland Unit II Sewer District (hereafter "Grantor") and
DESCHUTES COUNTY, a political subdivision of the State of Oregon (hereafter "Grantee").
RECITALS
A. Grantor is the fee simple owner of the approximately 480 acres of real property in
Deschutes County, Oregon that is legally described in Exhibit A attached hereto (hereafter the
"Property"). Grantor previously applied for and received a land use permit on the Property that
required, as a condition of approval, that Grantor provide Grantee with a conservation easement.
The parties entered a Conservation Easement on October 4, 2004, that is recorded in volume
2004, page 64973 of the Deschutes County real property records (hereafter the "Conservation
Easement").
B. Land uses on the Property are governed by the Conservation Easement and the
Oregon Water Wonderland Limited Use Combining Zone (Deschutes County Code Section
18.60.090). In 2010, the Grantor applied to modify the text of DCC Section 18.60.090 to allow
"wireless telecommunication facilities" as a use that is permitted conditionally in the limited use
combining zone. The Board of County Commissioners authorized this change and adopted
Ordinance 2010-016. The parties now wish to amend the Conservation Easement to reference
the changes to DCC 18.60.090 that have been authorized in Deschutes County Ordinance 2010-
016.
NOW THEREFORE, the parties agree to amend the Conservation Easement as follow;:
1. The Recitals set forth above are hereby incorporated as material terms of this
Agreement.
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2. Section 2 of the Conservation Easement is hereby amended to authorize the siting,
development, construction, operation, maintenance and replacement of "wireless
telecommunications facilities" on the Property subject to the requirements of DCC 18.60.090 (as
amended by Ordinance 2010-016) and DCC 18.128. Except as specifically modified herein, all
other terms and conditions of the Conservation Easement shall remain the same.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Dated this day of , 2010
OREGON WATER WONDERLAND
SEWER DISTRICT II
BY
ITS
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