The URL can be used to link to this page

Home My WebLink AboutTDC Docs - Replacements02 le ill ❑ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 30, 2008 Please see directions for completing this document on the next page. DATE: June 20, 2008. FROM: Kristen Maze Community Development Department 383-6701 TITLE OF AGENDA ITEM: Consideration of Board Signature of Documents 2008-366 and 2008-367, Release of TDC restrictiv e covenant and grant of Replacement TDC Covenant. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: The County sold at auction Lot 5 and Lot 6 in Block 2 of Los Pinos Subdivision No.25 to Willow Creek Construction. The properties were sold with restrictive Transferable Development Credit (TDC) covenants to prohibit the placement of onsite sewage treatment systems on the lots. The Willow Creek owns the adjacent Lots 7 and 8, which have no TDC covenants. Willow Creek Construction wishe'. to consolidate Lot 5 with Lot 6 and Lot 7 with Lot 8 and replace the existing TDC covenants held by the County with new covenants that will allow only one septic system on each of the consolidated lots. This redistribution TDC covenants to the consolidated lots will accomplish the same purpose of the original covenants and the TDC program by not increasing the number of septic systems allowed on the original four lots. The lot line adjustment applications, which consolidate the lots, have been approved by the Planning Division (LL -08-44 and LL -08-45). New deeds for the consolidated lots will be recorded at the same time as the replacement covenants, which will satisfy the conditions of the lot line adjustment decisions. Legal and planning staffs have worked with the Willow Creek Construction's attorney Tia Lewis to develop the replacement covenants. Staff agrees that the replacement covenants will achieve the intent of the original covenants and the purposes of the Transferable Development Credit program. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Signature of two TDC restrictive covenants — Document Number 2008-366 (TDC #208) and Document Number 2008 -367 (TDC #212) ATTENDANCE: Kristen Maze DISTRIBUTION OF DOCUMENTS: Kristen Maze o Lo O !' tA N o cV a CD o N N N 00 00C 00'Oc;1 00'0SI 1.191.Ct0 N 4.0l1IfoZ'N NOISIAI00I1S 30 3NI1 LSV3 u) 3NI1 H191/1 u) N 00 09 L1' o /4 d- Timm 0 C) LD CN 0 CO 2 3NI1 11191/ O 0 u7 qJ • D -zr o 3 �t- •—V L 1� Q- cf. 00.00£ �t- cO 00 o LC) r) 00'051 T 00.051 N I N 0 rn .- 1-- CN • REVIEWED LEGAL COUNSEL For Recording Stamp Only After recording, return to: Deschutes County Community Development Department 117 NW Lafayette Bend, OR 97701 Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant #208 (Conservation Easement) This grant and release of TDC restrictive covenants by and between Willow Creek Construction, Inc.(Willow Creek) and Deschutes County ( County) with respect to Lot 6, Block 2, Los Pinos Subdivision No. 25 and consolidated Lots 5 and 6, Block 2, Los Pinos Subdivision No. 25 (the Property). The consideration is $0 and the mutual promises contained herein. 1. RECITALS County has adopted a system of transferable development rights wherein the development of certain otherwise developable lots in certain areas of Deschutes County (TDC sending areas) are removed and credited toward development in other areas of Deschutes County (TDC receiving areas) to reduce septic system loading in certain environmentally sensitive areas of Deschutes County and to promote development in other, less environmentally sensitive areas in order to protect groundwater resources in the County. 1.2. Willow Creek acquired from County two separate subdivision lots described as Lot 5 and Lot 6, Block 2, Los Pinos Subdivision No. 25, platted in Deschutes County, Oregon, in a TDC sending area subject to separate restrictive covenant interests retained by County and recorded at 2006-41072 and 2006-41071 of the Deschutes County Records, intended to effectuate TDC #212 and TDC #208 respectively, which were intended to prevent Lot 5 and Lot 6 from each having a septic system and to place certain other restrictions on each property, as set forth in those restrictions (TDC restrictive covenants). 1.3. Willow Creek owns the adjacent Lots 7 and 8 of Los Pinos Subdivision No. 25, which have no similar restrictions and which Willow Creek believe to be buildable lots. Page 1 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008- 3 / / PDX/ 1 15627/ 149 188/TML/252815 9.1LA DC 2008-366 1.4. Willow Creek wishes to consolidate Lot 5 with Lot 6 and Lot 7 with Lot 8 and to redistribute the TDC restrictive covenants held by County so that the TDC restrictive covenants apply to allow only one septic system each on the consolidated Lot 5 and 6 and the consolidated Lot 7 and 8. 1.5. Because the end result of such a consolidation can serve the purpose of the County's transferable development rights program by not increasing the number of septic systems in the TDC sending area, County is willing to allow for proposed lot consolidations and to release the TDC restrictive covenants from Lots 5 and 6, but only if County can be assured, consistent with the overall intent of the TDC restrictive covenants, that the released TDC restrictive covenants will attach to currently unrestricted replacement property so that the replacement TDC restrictive covenants will serve the same purpose, i.e., to trade the restriction on one property with a like restriction on other property. 1.6. Willow Creek has obtained approval from the Deschutes County Planning Division for a lot consolidation of Lots 5 and 6 into one single lot of record (LL -08-45) and Lots 7 and 8 into another single lot of record (LL -08-44). 1.7. To effectuate the transfer of TDC #212 and TDC #208 and their associated TDC restrictive covenants from Lot 5 (TDC #212) and Lot 6 (TDC #208) to the newly consolidated Lot 7 and 8 and Lot 5 and 6 respectively, Willow Creek and County have agreed to releases and TDC restrictive covenants for each released lot and each replacement lot recorded on this same day in accordance with the conditions below. 1.8. Accordingly, this Release and Grant shall be recorded contemporaneously with a like Release and Grant regarding TDC #212 for the consolidated lots 7 and 8, as consolidated pursuant to LL -05-44, by the Deed recorded on this day at Volume Page in the Deschutes County Deed Records 2. RELEASE OF TDC RESTRICTIVE COVENANTS. 2.1 County hereby releases the TDC restrictive covenant #208 recorded against Lot 6, Block 2, Los Pinos Subdivision No. 25, Deschutes County, in Exhibit A of that certain deed recorded in Deschutes County Records at 2006-41071 in exchange for Willow Creek's grant to County of the building and use restrictions for TDC #208 granted herein against Lots 5 and 6, as consolidated by that certain deed recorded on this day in the Deschutes County Deed records at Volume , Page 2.2. The consideration for County's release of the TDC Restrictive Covenants #208 and #212, described in Recital Paragraph 1.2 above, is: 2.2.1 The recording of the Replacement TDC Restrictive Covenant set forth in Section 3 herein and the contemporaneous recording of a deed consolidating Lots 5 and 6, Block 2 Los Pinos Subdivision No. 25, Deschutes County to cre.lte one consolidated lot, and Page 2 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 115627/ 149188/TML/2528 l 59.1 2.2.2 The recording of a Replacement TDC Restrictive Covenant for TDC #208 and the contemporaneous recording of a deed consolidating Lots 7 and 8, Block 2 Los Pinos Subdivision No. 25, Deschutes County to also create one consolidated lot. 3. GRANT OF RESTRICTIVE COVENANT AGAINST CONSOLIDATED LOTS 5 AND 6. Willow Creek hereby grant to County and to County's assigns and successors in interest a perpetual development and use restriction for consolidated Lots 5 and 6, Block 2, Los Pinos Subdivision No. 25, Deschutes County Records, as consolidated (the Property), subject to the terms included herein and subject to all matters of record. 3.1 Development and Use Restriction. To perpetuate the intent of the released TDC #208 restrictive covenant to limit the number of septic systems on properties within the TDC sending area, Willow Creek's use of the Property shall be restricted as follows: 3.1.1 Willow Creek shall not further divide the consolidated Lots 5 and 6, as consolidated pursuant to LL -08-45 by the Deed recorded on this day at Volume , Page in the Deschutes County Deed Records. 3.1.2 Only one septic system and one house shall be allowed on the tract of land described as Lots 5 and 6, as consolidated by the Deed recorded on this day at Volume , Page contemporaneously with this Replacement TDC Restrictive Covenant in the Deschutes County Deed Records. 3.1.3 No commercial dog kennel shall be permitted on the Property. 3.1.4 The use of the Property shall otherwise be unrestricted, except as restricted as a matter of law. 3.2 Transfer of TDC Credits. The TDC Credits assigned to this restriction, listed in the Deschutes County Community Development Records as TDC #208 are hereby transferred to the Property in the same amount as set forth in TDC #208 as it previously attached to Lot 6, Block 2, Los Pinos Subdivision No. 25, Deschutes County, Oregon. 3.3. No Access. This building and use restriction shall not allow County access to the Property. 3.4. Consideration. The consideration for this grant is the County's release of the TDC Restrictive Covenants #212 and #208, described in Recital Paragraph 1.2 above. 3.5. Restriction Runs with Land. This grant of a TDC development and use restriction shall run with the Property to benefit the County and its successors in interest and to burden the Willow Creek and their successors in interest. Page 3 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5627/ 149188/TML/2528159.1 3.6. Administration and Enforcement. 3.6.1 Nothing herein shall be construed as creating any affirmative obligations on the part of County. 3.6.2 Enforcement Generally: 3.6.2.1 The restrictions set forth in this covenant are enforceable by County. 3.6.2.2 If County determines that Willow Creek is in violation of the terms of this covenant or that such a violation is threatened, then County shall give written notice to Willow Creek of such violation and demand corrective action to cure the violation and to restore the portion of the Property injured where the violation involves and alteration of the Property resulting from a use or activity inconsistent with the purpose of this covenant. 3.6.2.3 If Willow Creek fails to cure the violation within 30 days after receipt of notice thereof or under circumstances where the violation cannot reasonably be cured within a 30 -day time period, fails to begin curing such violations within a 30 -day period, or, at any time, fails to diligently begin curing such violation, County may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this covenant, to enjoin the violation ex -parte as necessary, by temporary or permanent injunction, and to abate any condition created on the Property in violation of this covenant. 3.6.2.4 Nothing in Paragraph 3.6.2.3 shall limit County's remedies to enforce the terms of this Release and Grant. 3.6.2.5 No delay or omission by County in the exercise of any right or remedy upon any breach by Willow Creek shall impair such right or remedy or be construed as a waiver. 3.6.2.6 Enforcement actions under this covenant may be taken only against an Owner having fee title to the Property, any person having a possessory right under an Owner, any agent, operator or contractor acting under the authority of such owner or holder of such possessory rights. 3.6.2.7 A mortgagee shall be subject to enforcement actions only when mortgagee takes ownership of the property by foreclosure or otherwise. 3.6.2.8 In addition to any other remedies set forth herein or otherwise availa)le under law, County may treat any violation of this covenant as a nuisance under the current Deschutes County Code (DCC) Section 18.144.040 or any comparable successor provision of the Deschutes County Code) and a violation under the current DCC Section Page 4 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 115627/ 149188/TML/2528159.1 18.144.050 (or any comparable successor provision of the Deschutes County Code). 3.7 Extinguishment. This covenant shall be extinguished only in the event the Property is located within the established boundary, recognized by Deschutes County and the State of Oregon, of an incorporated city, urban growth boundary or unincorporated community, and will be served by a municipal sewer system. 3.8 Recitals. The recitals stated herein are hereby incorporated into this Development and Use Restriction as if stated herein. 4. ASSENT BY COUNTY By the signature of its Board of County Commissioners, County agrees to the Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant, County as set forth in Paragraph 2.1 and pursuant to ORS 93.808 accepts Willow Creek's grant of the replacement TDC Restrictive Covenant as set forth in Paragraph 3 and 3.1 through 3.8 herein. Dated this day of June, 2008. Willow Creek Construction, Inc. by as its State of Oregon ) ) ss. County of Deschutes ) On this day of June 2008 personally appeared before me the above named Willow Creek Construction, Inc. by as its and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission expires: DESCHUTES COUNTY SIGNATURES TO FOLLOW ON NEXT PAGE Page 5 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/115627/ 149188/TML/2528159.1 Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS ATTEST: Recording Secretary STATE OF OREGON ) ) ss. County of Deschutes ) DENNIS R. LUKE, CHAIR TAMMY MELTON, VICE -CHAIR MICHAEL M. DALY, COMMISSIONER Before me, a Notary Public, personally appeared DENNIS R. LUKE, TAMMY MELTON, and MICHAEL M. DALY and the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 2008. Notary Public for Oregon My Commission Expires: Page 6 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5627/ 149188/TML/2528159.1 REVIEWED LEGAL COUNSEL For Recording Stamp Only After recording, return to: Deschutes County Community Development Department 117 NW Lafayette Bend, OR 97701 Release of TDC Restrictive Covenant and Grant of Replacement Restrictive Covenant #212 (Conservation Easement) This grant and release of TDC restrictive covenants by and between Willow Creek Construction, Inc. (Willow Creek) and Deschutes County ( County) with respect to Lot 5, Block 2, Los Pinos Subdivision No. 25 and consolidated Lots 7 and 8, Block 2, Los Pinos Subdivision No. 25 (the Property). The consideration is $0 and the mutual promises contained herein. 1. RECITALS County has adopted a system of transferable development rights wherein the development of certain otherwise developable lots in certain areas of Deschutes County (TDC sending areas) are removed and credited toward development in other areas of Deschutes County (TDC receiving areas) toxeduce septic system loading in certain environmentally sensitive areas of Deschutes County and to promote development in other, less environmentally sensitive areas in order to protect groundwater resources the County. 1.2. Willow Creek acquired from County two separate subdivision lots described as Lot 5 and Lot'6, Block 2, Los Pinos Subdivision No. 25, platted in Deschutes County, Oregon; in a TDC sending area subject to separate restrictive covenant interests retained i by County and recorded at 2006-41072 and 2006-41071 of the Deschutes County Records, intended to effectuate TDC #212 and TDC #208 respectively, which were intended to prevent Lot 5 and Lot 6 from each having a septic system and to place certain other restrictions on each property, as set forth in those restrictions (TDC restrictive covenants). 1.3. Willow Creek owns the adjacent Lots 7 and 8 of Los Pinas Subdivision No. 25, whicl have no similar restrictions and which Willow Creek believes to be buildable lots. Page 1 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of ReplacementTDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008 -??re-- V 7 PDX/ 115627/ 149188/TML/2527001.1 Dc 2008-367 1.4. Willow Creek wishes to consolidate Lot 5 with Lot 6 and Lot 7 with Lot 8 and to redistribute the TDC restrictive covenants held by County so that the TDC restrictive covenants apply to allow only one septic system each on the consolidated Lot 5 and 6 and the consolidated Lot 7 and 8. 1.5. Because the end result of such a consolidation can serve the purpose of the County's transferable development rights program by not increasing the number of septic systems in the TDC sending area, County is willing to allow for proposed lot consolidations and to release the TDC restrictive covenants from Lots 5 and 6, but only if County can be assured, consistent with the overall intent of the TDC restrictive covenants, that the released TDC restrictive covenants will attach to currently unrestricted replacement property so that the replacement TDC restrictive covenants will serve the same purpose, i.e., to trade the restriction on one property with a like restriction on other property. 1.6. Willow Creek has obtained approval from the Deschutes County Planning Division for a lot consolidation of Lots 5 and 6 into one single lot of record (LL -08-45) and Lots 8 and 8 into another single lot of record (LL -08-44). 1.7. To effectuate the transfer of TDC #212 and TDC #208 and their associated TDC restrictive covenants from Lot 5 (TDC #212) and Lot 6 (TDC #208) to the newly consolidated Lot 7 and 8 and Lot 5 and 6, respectively, Willow Creek and County have agreed to releases and TDC restrictive covenants for each released lot and each replacement lot recorded on this same day in accordance with the conditions below. 1.8. Accordingly, this Release and Grant shall be recorded contemporaneously with a like Release and Grant regarding TDC #208 for the consolidated lot described as Lot 5 and 6, as consolidated pursuant to LL -08-45, by the Deed recorded on this day at Volume , Page in the Deschutes County Deed Records 2. RELEASE OF TDC RESTRICTIVE COVENANTS. 2.1 County hereby releases the TDC restrictive covenant #212 recorded against Lot 5, Block 2, Los Pinos Subdivisions No. 25, Deschutes County, in Exhibit A of that certain deed recorded in Deschutes County Records at 2006-41072 in exchange for Willow Creek's grant to County of the building and use restrictions for TDC #212 granted herein against Lots 7 and 8, as consolidated by that certain deed recorded on this day in the Deschutes County Deed records at Volume , Page 2.2. The consideration for County's release of the TDC Restrictive Covenants #212 and #208, described in Recital Paragraph 1.2 above, is: 2.2.1 The recording of the Replacement TDC Restrictive Covenant set forth in Section 3 herein and the contemporaneous recording of a deed consolidating Lots 7 and 8, Block 2, Los Pinos Subdivision No. 25, Deschutes County to create one consolidated lot, and Page 2 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5 62 7/ 149188/TML/2527001.1 2.2.2 The recording of a Replacement TDC Restrictive Covenant for TDC #208 and the contemporaneous recording of a deed consolidating Lots 5 and 6, Block 2, Los Pinos Subdivision #25, Deschutes County to also create one consolidated lot. 3. GRANT OF RESTRICTIVE COVENANT AGAINST CONSOLIDATED LOTS 7 AND 8. Willow Creek hereby grants to County and to County's assigns and successors in interest a perpetual development and use restriction for consolidated Lots 7 and 8, Block 2, Los Pinos Subdivisions No. 25, Deschutes County Records, as consolidated (the Property), subject to the terms included herein and subject to all matters of record. 3.1 Development and Use Restriction. To perpetuate the intent of the released TDC #212 restrictive covenant to limit the number of septic systems on properties within the TDC sending area, Willow Creek's use of the Property shall be restricted as follows: 3.1.1 Willow Creek shall not further divide the consolidated Lots 7 and 8, as consolidated pursuant to LL -08-44 by the Deed recorded on this day at Volume , Page in the Deschutes County Deed Records. 3.1.2 Only one septic system and one house shall be allowed on the tract of land described as Lots 7 and 8, as consolidated by the Deed recorded on this day at Volume , Page contemporaneously with this Replacement TDC Restrictive Covenant in the Deschutes County Deed Records. 3.1.3 No commercial dog kennel shall be permitted on the Property. 3.1.4 The use of the Property shall otherwise be unrestricted, except as restricted as a matter of law. 3.2 Transfer of TDC Credits. The TDC Credits assigned to this restriction, listed in the Deschutes County Community Development Records as TDC #212 are hereby transferred to the Property in the same amount as set forth in TDC #212 as it previously attached to Lot 5, Block 2, Los Pinos Subdivisions No. 25, Deschutes County, Oregon. 3.3. No Access. This building and use restriction shall not allow County access to the Property. 3.4. Consideration. The consideration for this grant is the County's release of the TDC Restrictive Covenants #212 and #208, described in Recital Paragraph 1.2 above. 3.5. Restriction Runs with Land. This grant of a TDC development and use restriction shall run with the Property to benefit the County and its successors in interest and to burden the Willow Creek and their successors in interest. Page 3 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5 627/ 149188/TML/2527001.1 3.6. Administration and Enforcement. 3.6.1 Nothing herein shall be construed as creating any affirmative obligations on the part of County. 3.6.2 Enforcement Generally: 3.6.2.1 The restrictions set forth in this covenant are enforceable by County. 3.6.2.2 If County determines that Willow Creek are in violation of the terms of this covenant or that such a violation is threatened, then County shall give written notice to Willow Creek of such violation and demand corrective action to cure the violation and to restore the portion of the Property injured where the violation involves and alteration of the Property resulting from a use or activity inconsistent with the purpose of this covenant. 3.6.2.3 If Willow Creek fails to cure the violation within 30 days after receipt of notice thereof or under circumstances where the violation cannot reasonably be cured within a 30 -day time period, fails to begin curing such violations within a 30 -day period, or, at any time, fails to diligently begin curing such violation, County may bring an action al law or in equity in a court of competent jurisdiction to enforce the terms of this covenant, to enjoin the violation ex -parte as necessary, by temporary or permanent injunction, and to abate any condition created on the Property in violation of this covenant. 3.6.2.4 Nothing in Paragraph 3.6.2.3 shall limit County's remedies to enforce the terms of this Release and Grant. 3.6.2.5 No delay or omission by County in the exercise of any right or remedy upon any breach by Drydens shall impair such right or remedy or be construed as a waiver. 3.6.2.6 Enforcement actions under this covenant may be taken only against an Owner having fee title to the Property, any person having a possessory right under an Owner, any agent, operator or contractor acting under the authority of such owner or holder of such possessory rights. 3.6.2.7 A mortgagee shall be subject to enforcement actions only when mortgagee takes ownership of the property by foreclosure or otherwise. 3.6.2.8 In addition to any other remedies set forth herein or otherwise availa'r)1e under law, County may treat any violation of this covenant as a nuisance under the current Deschutes County Code (DCC) Section 18.144.040 or any comparable successor provision of the Deschutes County Code) and a violation under the current DCC Section Page 4 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5627/ 149188/TML/2527001.1 18A 44.050 (or any comparable successor provision of the Deschutes County Code). 3.7 Extinguishment. This covenant shall be extinguished only in the event the Property is located within the established boundary, recognized by Deschutes County and the State of Oregon, of an incorporated city, urban growth boundary or unincorporated community, and will be served by a municipal sewer system. 3.8 Recitals. The recitals stated herein are hereby incorporated into this Development and Use Restriction as if stated herein. 4. ASSENT BY COUNTY By the signature of its Board of County Commissioners, County agrees to the Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant, County as set forth in Paragraph 2.1 and pursuant to ORS 93.808 accepts Willow Creek's grant of the replacement TDC Restrictive Covenant as set forth in Paragraph 3 and 3.1 through 3.8 herein. Dated this day of June, 2008. Willow Creek Construction, Inc. By: As its: State of Oregon ) ) ss. County of Deschutes ) On this day of June 2008 personally appeared before me the above named Willow Creek Construction, Inc. by as its and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission expires: DESCHUTES COUNTY SIGNATURES TO FOLLOW ON NEXT PAGE Page 5 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5627/ 149188/TML/2527001.1 Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS ATTEST: Recording Secretary STATE OF OREGON ) ) ss. County of Deschutes ) DENNIS R. LUKE, CHAIR TAMMY MELTON, VICE -CHAIR MICHAEL M. DALY, COMMISSIONER Before me, a Notary Public, personally appeared DENNIS R. LUKE, TAMMY MELTON, and MICHAEL M. DALY and the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 2008. Notary Public for Oregon My Commission Expires: Page 6 of 6- Willow Creek Release of TDC Restrictive Covenant and Grant of Replacement TDC Restrictive Covenant (Conservation Easement) - Deschutes County Document No. 2008-??? PDX/ 1 1 5627/ 149188/TML/2527001.1