HomeMy WebLinkAboutTDC Document 304,r`') -c E S C
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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 July 30, 2008
Please see directions for completing this document on the next page.
DATE: June 23, 2008.
FROM: Kristen Maze Community Development Department
383-6701
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2008-365, Restrictive Covenant (Conservation
Easement) (TDC #304)
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
The 1.03 acre property owned by Cathleen and Eric Zgraggen located at 52166 Stearns Road in the 6th
addition to Woodland Parks Homesites Block 6, Lot 5 is eligible for a Transfer Development Credit
(TDC). The TDC will restrict any development on the parcel. The Zgraggens have offered to record a
TDC restrictive covenant on this parcel and sell the Transfer Development Credit to Elk Horn Land
Development. This covenant requires the property owners' signature, the Board of County
Commissioner's signature and Elk Horn Land Development's signature prior to being recorded with
Deschutes County.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Signature of TDC restrictive covenant — Document Number 2008-365 (TDC #304)
ATTENDANCE: Kristen Maze
DISTRIBUTION OF DOCUMENTS:
Kristen Maze
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After Recording Return to:
Planning Director
Deschutes County
Community Development Department
117 NW Lafayette St.
Bend, OR 97701
For Recording Stamp Only
RESTRICTIVE COVENANT
(Conservation Easement)
This restrictive covenant ("covenant") is to restrict future PAIRKS HOMESITES (together the ot 221004D001300, which is more
particularly described as Lot 5, Block 6, 6th ADDTION TO WOODLAND
"Pro erty"). This Restrictive Covenant shall be identified in the Deschutes County Community Development records
p
as TDC # 304.
RECITALS
WHEREAS, ORS 94.537 authorizes the governing body of a county to recognize a severable development
interest in real property; and,
WHEREAS, pursuant to Ordinance No. 2004-007, Deschutes County has adopted a Transferable
Development Credit ("TDC") program which recognizes a TDC to be a Restrictive Covenant on specified real
property that prevents the placement of a septic system on that property; and
CC
that the Property
WHEREAS, Deschutes County has determined inDeschutes County Copursuant tcriteria inmmunity ev eopment Departn ents
been assigned 1.0000 TDC's described as TDC # 30
records;
NOW THEREFORE, pursuant to DCC 11.12 Eric and Cathleen Zgraggen Grantor(s) hereby agree(s) to
place the restrictions and obligations contained as set forth herein on and over the Property and Deschutes County, a
political subdivision of Oregon, Grantee agrees to accept Grantor(s)'s grant of such restrictions.
1. Consideration: The consideration is as follows:
Grantor grants to Grantee this restrictive covenant. in exchange, Elk Horn Land Development, Inc. paid Grantor
$5000.00 and Grantee agrees to accept this TDC and allow Elk Horn Land Development Inc. to apply 1 he TDC
to the Newberry Neighborhood, Neighborhood 2.
2. Scope. This covenant imposes restrictions and affirmative obligations on the Grantee(s) property. Th( purpose
of this covenant is to protect groundwater quality in the La Pine Basin; to protect water quality in the I.oeschutes
and Little Deschutes Rivers; and to maintain the wildlife migration corridor in and around the rural clu racter
and air quality of South Deschutes County. Nothing in this covenant shall be construed as granting a right of
public access or a public access easement on the Property.
3. Restrictions on Grantee's Use of the Property. Grantee(s)'s use of the Property shall be restricted as fo lows in
order to protect the values identified in Paragraph 1:
3.1 General Use Restrictions
A. Grantee(s) shall not use or occupy any portion of the Property in a manner that would degrade or
diminish the protected values of the Property, including, but not limited to:
(1) Depositing of trash, debris, garbage, or other unsightly or offensive material on the
Property; and
(2) Allowing pollutants or sediment originating from the Property to be carried or transporte+l
off the Property.
3.2. Restrictions on Uses
A. No sewage disposal system or septic system shall be constructed on or within, or be used on ihe
Property.
B. No commercial dog kennel shall be permitted on the Property.
4. Uses Permitted on the Property.
4.1 Land uses permitted or reserved to Grantee in this covenant are subject to all County ordinances and
regulations.
4.2 The following uses are allowed to be established and maintained on the Property:
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4.2 The following uses are allowed to be established and maintained on the Property:
A. Lawfully established structures existing on the Property on the date this Restrictive Covenant
is recorded.
B. Lawfully permitted structure(s) on two or more lawfully consolidated lots.
C. Lawfully permitted structure or structures that comply with the following criteria:
(1) Is no larger than a single story; and
(2) Does not exceed a combined total of 2,000 square feet in size and
(3) Does not require plumbing or mechanical permits.
D. Lawfully permitted metered electricity provided by a permanently installed pedestal for RV
use.
E. A ramada for the purpose of protecting an RV. Maximum dimensions shall be 13 feet for
width, 13 feet for height and 45 feet for length. No sides or walls shall be allowed.
F. Seasonal camping or recreational use in a tent, travel trailer, or recreational vehicle (RV).
Notwithstanding Paragraph 3.2(A) of this covenant, self-contained sanitation shall be required.
G. Wood cutting and vegetation management.
H. Agricultural use as defined in Title 18, Zoning Ordinance, of the Deschutes County Code,
except that the total number of cows, horses, goats or sheep over the age of six months shall be
limited to the square footage of the lot divided by 20,000 square feet, which is the minimum
area per animal, and the number of chickens, fowl or rabbits over the age of six months shall
not exceed one for each 500 square feet of land. All such animals shall be located a minimum
of 100 feet away from a residential dwelling on an adjacent lot.
I. Domestic water supply well.
5. Administration and Enforcement.
5.1. Nothing herein shall be construed as creating any affirmative obligations on the part of the Grantee.
5.2. Enforcement Generally
A. The restrictions set forth in this covenant are enforceable by Deschutes County.
B. If Deschutes County determines that Owners are in violation of the terms of this covenant or that such
a violation is threatened, then Deschutes County shall give written notice to Grantee(s) of such
violation and demand corrective action to cure the violation and to restore the portion of the Property
injured where the violation involves an alteration to the Property resulting from any use or activity
inconsistent with the purpose of this covenant.
C. If Grantee(s) 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 period, fails to begin
curing such violation within the 30 -day period, or, at any time, fails to diligently continue to cur: such
violation, Deschutes County may bring an action at law or in equity in a court of competent juri,,diction
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 cos enant.
5.3 No delay or omission by Deschutes County in the exercise of any right or remedy upon any breach by
Grantee(s) will impair such right or remedy or be construed as a waiver.
5.4 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, and any agent, operator or contractor acting under the
authority of such Owner or holder of such possessory rights. A Mortgagee shall be subject to enforcement
actions only when Mortgagee takes ownership of the property by foreclosure or otherwise.
5.5. In addition to the remedies set forth under Paragraph 4.2 above, Deschutes County may treat any v olation
of this covenant as a nuisance under the current Deschutes County Code ("DCC") § 18.144.040 (or any
comparable successor provision of the Deschutes County Code) and a violation under the current I CC §
18.144.050 (or any comparable successor provision of the Deschutes County Code).
6. Assignment. Grantee(s) may assign any right or interest it may have in this covenant only upon consei t of
Deschutes County.
7. Extinguishment. This covenant shall be extinguished only in the event the Property is located within ti �e
established boundary, recognized by Deschutes County and the State of Oregon, of an incorporated cit ✓, urban
growth boundary or unincorporated community, and will be served by a municipal sewer system.
8. Successors. The, terms, conditions, and restrictions of this covenant shall be binding upon, and inurt: to the
benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns, and
all who take through them, whether by voluntary or involuntary transfer, and shall continue as a sen itude
running in perpetuity with the Property.
Page 2 of 4—«DocumentlD»
GRANTOR:
Dated this
day of1UI , 2008
Cathleen Zgraggen
ADDRESS:
STATE OF OREGON )
) SS.
County of Deschutes ) _ ru
Before me, a Notary Public, personally appeared (1 L
foregoing instrument.//
Dated this of 4f 2008
7-5-2 )
./ 7
Notary Public of Oregon
My Commission Expires:
GRANTEE , 2008
Dated this of
ATTEST:
Recording Secretary
STATE OF OREGON
County of Deschutes
) ss.
frvio-e fr-9
C T1 L`? (1 and acknowledged the
OFFICIAL SEAL
SHELLI COWLBECK
NOTARY PUBLIC -OREGON
COMMISSION NO. 394572
MY COMMISSION Ex''"2ES JULY 5, 2009
BOARD OF COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE -CHAIR
MICHAEL M. DALY, COMMISSIONER
Before me, a Notary Public, personally appeared DENNIS R. LUKE, TAMMY (BANEY) 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:
Dated this of , 2008
ELK HORN LAND DEVELOPMENT , INC
STATE OF OREGON
) ss.
County of Deschutes
Before me, a Notary Public, personally appeared being duly authorized as member of Elk Hr m Land
Development, Inc., and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
Page 3 of 4—«DocumentlD»
DATED this day of , 2008.
Notary Public for Oregon
My Commission Expires:
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