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HO Decision (532)
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HO Decision (532)
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Last modified
5/23/2022 11:15:41 AM
Creation date
10/30/2024 4:11:58 PM
Metadata
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Template:
Land Use
Case_Number
21-038
Document_Date
5/13/2021
Land Use Type
Administrative Review
Tax_Lot_Number
061W35D001600
Document_Type
Decision
Site_Address
14300 BLOCK OF EVANS VALLEY RD NE
Additional Info
061W35D001400
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2010 (Reel 3207, Page 428). On the corrected deed, it states: "it is believed that this <br /> transfer from Granter to Grantee will trigger that ten-year time period and the Final <br /> Order will expire if the Final Order home site approval is not utilized by the Grantee". <br /> On September 1, 2015, Gretchen L. Rhyne transferred her 50% ownership into the <br /> Gretchen Lee Rhyne Revocable Living Trust (Reel 3 73 8, Page 142). This deed <br /> contains a section that states "The Final Order and Oregon law at the time of this <br /> transfer put a limitation on the validity of this Order for a period of ten (10) years from <br /> the date of transfer. The ten years has already begun to run based upon an earlier <br /> transfer to the Grantor." <br /> On December 8, 2015, the Gretchen Lee Rhyne Revocable Living Trust transferred <br /> their 50% interest in the subject property to Justine C. Fogarty (Reel 3765, Page 291). <br /> At that time, Justine C. Fogarty retained 100% ownership in the subject property. <br /> On May 22, 2018, Justine C. Fogarty transferred 100% ownership to the Justine C. <br /> Fogarty, Trustee, or her successor(s) in trust, under the Justine C. Fogarty Revocable <br /> Living Trust Dated the 10th Day of May, 2018, and any amendments thereto (hereafter <br /> referred to as the Justine C. Fogarty Revocable Living Trust) (Reel 4082, Page 123). <br /> On May 3, 2019, the Justine C. Fogarty Revocable Living Trust conveyed 100% <br /> ownership of the subject property to Joshua N. Fogarty (Reel 4193, Page 208), the <br /> current property owner. <br /> The threshold inquiry is whether the conveyance of the property from West Coast Trust <br /> to Gretchen L. Rhyne and Justine C. Fogarty on June 14, 2010 (date of recording) <br /> started the ten-year development restriction term included in the Measure 49 Final <br /> Order (Section IV, Paragraph 12). <br /> Applicant argues that upon the death of Mary Dodds, Justine and Gretchen became <br /> "part owners" as they were beneficiaries of the trust and that conveyance of the property <br /> from West Coast Trust to them did not start the ten-year development timeframe. The <br /> Applicant argues that when the Trust became irrevocable, the Beneficiary's interest <br /> vested and became a "property interest" before the Measure 49 order was issued on <br /> June 3, 2010. Applicant's position is that when the Measure 49 Order was issued, the <br /> beneficiaries already had a vested interest in the property under the terms of the trust <br /> which should be considered as an ownership interest. If the beneficiaries are <br /> considered "owners" based upon a vested interest in the property when the Measure 49 <br /> final order was issued, as Applicant argues, the June 14, 2010 conveyance from West <br /> Coast Trust to Gretchen L. Rhyne and Justine C. Fogarty by Statutory Warranty Deed <br /> did not start the ten-year development timeline (and the Measure 49 order to allow one <br /> homesite on the subject property is remains valid). <br /> The relevant section of Measure 49 as set out in Or. Laws 2007, ch. 424, § 11(6) states: <br /> 11 <br /> Case No. AR 21-038 — ORDER <br /> Fogarty <br />
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