HomeMy WebLinkAbout2021-09-07 L. Fancher - Rebuttal and Exhibits1
Chenelle Hale
From:Liz Fancher <liz@lizfancher.com>
Sent:Tuesday, September 7, 2021 3:56 PM
To:William Groves
Cc:Kameron DeLashmutt; Kameron DeLashmutt; Katzaroff, Kenneth; Mark Douglas
Subject:Copy of Map Illustrating Phase A-1 Tentative Plan Lots of Record - File 247-21-000731-
A
Attachments:Phase A-1 Tentative Plan Lots of Record.pdf; Exhibit 1.pdf; Exhibit 2.pdf; Tax Lot 7700
LOR Decision 2014.pdf; Exhibit D.pdf
[EXTERNAL EMAIL]
Will:
In rebuttal to comments filed by Central Oregon LandWatch regarding lots of record, I have attached a marked up and
edited version of the County Assessor’s tax map 15-12-00. Please include this document and my e-mail in the record of
247-21-000731-A as rebuttal filed on behalf of Central Land and Cattle Company, LLC. I have marked the approximate
locations of lots of record that are being subdivided to create the Phase A-1 lots.
The locations of the lots of record are described in decisions and a County-approved partition plan that are a part of the
record of 247-21-000731-A. I have attached copies for ease of reference and to include the illustrations that
accompanied the decision for File 247-14-000450-LR. The lots of record are:
Tax Lot 7800 – Lot of Record per County decision in File LR-91-56
Tax Lot 7801 – Lot of Record per MP-79-159 (County-approved land division)
Tax Lot 7900 – Lot of Record per County decision in File LR-98-44
Tax Lot 7700 – Contains six lots of record per File 247-14-000450-LR – identified on map as LOR 1 – LOR 6
Earlier today I filed electronic and written copies of rebuttal documents on behalf of Central Land and Cattle Company. I
do not plan to file a written copy of the e-mail and attachments unless requested because they are printed in black and
white and there are fewer than 20 pages of materials.
Thank you,
Liz Fancher
Liz Fancher, Attorney
2465 NW Sacagawea Ln
Bend, OR 97703
541-385-3067 (telephone)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is
intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately
by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)),
copying or taking of any action because of this information is strictly prohibited.
•
Community Development Department
.~.·~".~i;i;[nrum~~~
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575
FAX 385-1764
Planning Division
Ken Theobald
230 SE Third Street
Bend, OR 97702
Building Safety Division
Environmental Health Division
RE: Lot of Record Determination for a tax lot identified on County Assessor's map
number 15-12-00 as tax lot 7900, (File #LR-98-44).
The Planning Division has reviewed the information you submitted with the application,
County Assessor's records and county building and land use permit records. Staff has
determined that tax lot 7900 is one legal Lot of Record ..
Tax lot 7900 was first described in its present 40 acre configuration in a Warranty Deed
dated January 26, 1967, recorded in the Deschutes County Book of Records, Volume
152, Page 88. Subsequently, in 1977, this parcel was conveyed via Statutory Warranty
·Deed dated December 21 , 1977 and record1ed in the Deschutes County Book of
Records, Volume 265, Page 853. In 1972, Deschutes County adopted Public Law 5
(Pl-5), the county zoning ordinance, which established county-wide zones and minimum
lot sizes for each zone. There was not a land partition ordinance as of the date of the
above referenced land transaction. The subject tax lot was zoned Agriculture (A-1),
which had a five (5) acre minimum lot size. The approximate 40 acres of land identified
as tax lot 7900 is considered to be one Legal Lot of Record because it met all county
land use regulations when it was created and it was described in one instrument
pursuant to Section 18.04.680(J)(1 )(c).
If you have questions regarding this decision, please feel free to contact this office. This decision becomes final ten (10) days from the date this decision Is mailed
unless appealed by a party of interest.
Sincerely, DESCH UT""~""'
(Brian J. Haring
BJH:slr
Quality Services Perfonned with Pride
EXHIBIT 1 LUBA 2018-140 Record - Page 1618LUBA 2019-136 AMENDED RECORD - Page 2691
Community Development Department
Administration Bldg. I 1130 N.W. Harriman I Bend, Oregon 97701
(503) 388-6575
May 10, 1991
Harry Kem
1336 NE Ely
Terrebonne, Oregon 97760
RE: Lot of Record Determination
Deschutes County Assessor's
7800: #LR-91-56.
Dear Applicant:
for Property
Map 15-12-00
Planning Division Building Safety Division Environmental Health Division
Identified on
as Tax ·Lot
The Planning Division has determined that the referenced
property is a legal Lot-of-Record and thus is potentially
buildable. Tax Lot 7800 was created by a warranty Deed,
dated March 14, 1952, recorded in Volume 124, Page 426 of the
Deschutes County Book of Records. The parcel met all land
use regulations, applicable at the time it was created. The
current configuration of the parcel was established when a
Minor Partition (MP-79-159) split off Tax Lot 7801.
The property is zoned EFU-40, Exclusive Farm Use -40 acre
minimum lot size. Development of . the property is subject to
the requirements of the Deschutes County Zoning Ordinance
PL-15, as well as those of the Building and Environmental
Health Divisions.
If you have any questions regarding this material, please
feel free to contact this office.
Sincerely,
DESCHUTES COUNTY PLANNING DIVISION
George J. Read, Planning Director
/1/1~ ~e-4
Nancy Ki~d, Assistant Planner
NMK:mjz
EXHIBIT2 LUBA 2018-140 Record - Page 1619LUBA 2019-136 AMENDED RECORD - Page 2692
Exhibit D
Exhibit D
CO/11121U opment De
u€€ding Safety; Dimion Envmo
part ment
0
March 116 201,
Central Land and Cattle Company, LLC1
Post Office Box `>.553
Redmond, Oregon 97756
D
RE: Fi
id
le No. 247-14-0 0045
RO. Box 6005 117 14 ' t,afavette Avenue Bend, Oregon 97708-60d5
541)388-6575 FAX (541)385-1764
LR; Lot of Record Determiination for Property
entified on Deschute
an
ear Applicant:''''
d 7701
County Assessor's Map 15-12-00, Tax Lots 7700
You submitted an application for a lot of record determination for the above referenced tax lot.
The Planning Division has reviewed the information you submitted with the application along
ith Federal lard conveyance records, County Assessor's records, County Surveyor records,
County Cler'ic deeds, and County building and and use permit in€formation.2 Based on this
information, we have determined the subject property, consisting of two tax lots as listed above,
constitutes six (6) legal lots of record;
Section 18.04.030 of the Deschutes County Zoning Ordinance defines a °lot of record" as:
A A lot`' or parcel at least 5,000 square feet in area and at least 50 feet wide, which
conformed to all zoning and subdivision or partition requirements, if any, in effect on
the date the lot or parcel was created, and which was created by any of the following
means:
1a By partitioning land as defined in ORS 92;
2. By a subdivision plat, as defined in ORS 92, filed with the De chutes County
Surveyor and recorded with the Deschutes County Clerk,
By deed or contract, dated and signd by the parties to the transaction, containing
a separate legal description of the lot or parcel, and recorded in Deschutes
County if recording of the instrument was required on the date of the conveyance.
If such instrument contains more than one legal description, only one lot of record
shall be recognized unless the legal descriptions describe lots subject to a
recorded subdivision or town plat;.
1 The property owner is Loyal Land Company. The applicant. Central Land and Cattle C,,ompany, LLC
Karneron €DeLa hrutt), signed an behalf of the property owner. Kameron DeLashmutt was authorized
by the owner to sign on its behalf. The signed authorization is included in the record for the lot of record
application.
2 The land use history including past applications and County approvals may not have been relevant in
this lot of record determination.
7; X'P+G ,#'ek4'61rd t7 7134ti :.:.
4. By a town plat filed with the Deschutes County Clerk and recorded in the
Deschutes County Record of Plats; or
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a
remainder lot > or parcel.
B The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of , n assessor's
roll change or for the convenience of the assessor.
2. A lot orparcel created by an intervening section or tnship line or right of ways
3, A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was'
conveyed subject to DCC ''1&O4 030(B).
4. A parcel created by the foreclosure of a security interest.
Deschutes County adopted its first zoning ordinance (PL -5) on November 1, 1972, which
described' minimum lot sizes for new parcels. This zoning ordinance was replaced in 1979 with
PL -15. The subdivision ordinance of 1970, PL. -2, regulated subdivisions less' than 10 acres in
size but did not regulate partitions. The partition ordinance (PL -7) was adopted in 1977, vk ich
described the criteria under which parcels could be partitioned (divided).
Land Use History and Public Comments
The subject property and other properties in the area include a detailed and controversial land
use history in regards to the potential development of the Thornburgh Destination Resort.
Based on this land use history, on January 9, 2015, Central Oregon Land Watch (COLW)
sublrr fitted' a written comment, wt ich is inc luded`>below.
LandWatch does not believe that these applications for lot of record determinations are
complete. We disagreewith the interpretation that subsequent conveyances do not
consolidate' lots and believe that past 'applications ''and county approvals on this property are
inconsistent with these proposed determinations. The record is incomplete as it fails to
explain the full hisfoiry of these properties. Further, the property owner has not signed these
applications and there is no attached letter frorn the owner authorizing any other signature.
The proper procedure for partitioning of these lands is provided In Title 17`
In the event that this decisi
is3 les addressed
on
here.
is appealed, staff recommends the Hearings B ody review the
Tax Lot 7700 History
The following atlon is a sequentia review of land conveyances in the area involving the
subject property, tax lots 7700 and 7701 of map 15-12-00 (index map). For reference, Figure 1
shows the tax lot in its current configuration.
Figure 2
For the ten years between 1910 and 1919, five land grants were conveyed in the area. The five
land grants were dated and signed by the parties to the transaction, containing a se, arate'lega
description of the parcels„ and eventually recorded in Deschutes County. The first of these
federal conveyances was from € M rch 24, 1910 when 160 acres was conveyed to George W.
Hinshaw ''in a United States land grant (Patent Number 120954) and later recorded in Volume 1
of Patents, Page 505 at the Deschutes County Clerk's Office. This parcel is illustrated as Parcel''
A on Figure 2. Parcel A is described as the northeast quarter (NE V4) in Section 28; Township
247-14-000 400--1.R, entr Land Cattle Cor ,pang, LLC Pa e2
15 >>South, Rang
as a legal lot of
e 12 Eas
record,
he lar Tette Meridian. This unit of land (Parcel A) is recognized
Through a U.S. land grant dated April 20, 1911, 160 acres was conveyed to John T. Park
Patent Number 192094) and later recorded in Volume 22, Page 437 at the Deschutes County
Clerk's Office. This parcel is illustrated as Parcel E on Figure 2. Parcel D is described as the
northwest quarter of the southeast (NW %%4 SE %) and the southwest quarter of the northwest
quarter (SW 1/4 NW Y4) of Section 28 and the northeast quarter of the southeast quarter (NE 3
SE ') and the southeast quarter of the northeast quarter (SE % NE 1) of Section 29, Township
15 South, Range 12 East of the Willamette Meridian. This unit of land (Parcel 6) is recognized;
as a legal lot of record,
On November 3, 1916, 160 acres was conveyed to the Heirs of Hannah M. Anderson in a U.S.
land grant (Patent Number 552951) and later recorded in Volume 24, Page 505 at the
Deschutes County Clerk's Office. This parcel is illustrated as Parcel C on Figure 2 and is
described as the east half of the southeast quarter (E A SE %) and the southwest quarter of the
southeast quarter (SW % SE %) of Section 20 and the northwest quarter of the northeast
quarter (NW Y4 NE %) of Section 29, Township 15 South, Range 12 East of the fitillara ette
Meridian. Parcel Cis recognized as a legal lot of record.
As noted in Patent No, 684417, the United States conveyed 160 acres to Erton Fielding on June
9, 1919. This and grant was later recorded at the Deschutes County Clerk's Office in Voiume
28, Page 165. This parcel is illustrated as Parcel D on Figure 2. Parcel D is described as the
southwest quarter of the southwest quarter (SW 1.4 SW 14) of Section 21, the north half of the
northwest quarter (NY; NW %) of Section 28, and northeast quarter of the northeast quarter
NE % NE F9) of Sections 29, Township 15 South, Range 12 East of the Willamette Meridian.
This unit of land (Parcel D) is recognized as a legal lot of regard.
On August 11, 1919, 160 acres was conveyed to Rosetta Wells in a U.S. land grant (Patent
Number 702272) and later recorded in Volume 32, Page 128 at the Deschutes County Clerk's
Office. This parcel is illustrated as Parcel E on Figure 2. Parcel E is described as the southeast
quarter of the northwest quarter (SE % 'N " 4), the northeast quarter of the southwest quarter
NE % SW %), and the north half of the southeast quarter (N Y2 SE `Yi) of Section 28, Township
15 South, Range 12 East of the Willamette Meridian. This unit of land (Parcel E) is recognized
as a legal lot of record.
Figures3 and 4
On March 29, 1949. Jack Shumway conveyed to Chloe E. Bryant several tracts of and that
included the those areas of Parcels 13, C, and D that are located in Section 29 as shown on
Figure 2, This parcel is illustrated as Parcel F on Figure 3. The Warranty Deed was recorded in
Volume 89, Page 467 at the Deschutes County Clerk's Office. Because of the 1949
conveyance, Parcels f , C, and D were separated. The western half of Parcel E (Fig. 2) was
separated from its eastern half (80 acres) in Section 28, leaving behind a remnant parcel with
legally established boundaries. The southern 40 acres of Parcel C (Fig. 2) was separated from
its. northern 120 acres in Section 20. Additionally, the Nester rmost 40 acres of Parcel D located
in Section 29 was separated from the 120 acres located in Sections 21 and 28.
On January 29, 1957, Jack and Sarah Shumway conveyed to Everett W. and Eva S.
Thornburgh several tracts of land that included those areas of Parcels C and D that are located
in Sections 20 and 21. This parcel is illustrated as Parcel G on Figure 3, The Warranty Deed
247; 14 -000450 -LR, Centra Land & Cattle Company LLC Page 3
was recorded in Volume 118, Page 152 at the Deschutes County Clerk's Office. The result of
the 1957 conveyance separated the northern 40 acres of Parc& 0 (Fig. 2) located in Section 21,
leaving behind a remnant parcel with legally established boundaries,
The remainder parcels, shown as Parcels H, J, K, and L, that result from the 1949 and 1957
conveyances are illustrated on Figure 4. Parcel H is described as the northwest quarter of the
southeast (NWY4 SE ,) and the southwest quarter of the northwest quarter (SW % NW 1/4) of
Section 28, Township 15 South, Range 12 East of the Willamette Meridian. Parcel J is
described as the north half of the northwest quarter (NIA NW Y4) of Section 28, Township 15
South, Range 12 East of the Willamette Meridian. Parcel K is described as the east half of the
southeast quarter (E SE %) and the southwest quarter of the southeast quarter (SW"/ SE %)'
of Section 20, Township 15 South, Range 12 East of the Willamette Meridian. Parc& ''L is
described as the southwest quarter of the southwest quarter (SW ' SWY4) of Section 21
Township 15 South, Range 12 East of the Willamette Meridian. Parcels H, J, K, and L are
recognized as separate legal) lots of record as discussed below.
Figure 6
On August 30, 1977, Everett and Eva Thornburgh conveyed to Key TV Incorporated four tracts
of land (Vol. 258, Page 166). One of the four units of land was separated from Parcel K shown
on ''Figure 4. This unit of land is shown as Parcel M on Figure 5 and is approximately one (1)
acre. At the time of the 1977 conveyance to Key TV inc., the land partition ordinance PL -7 was,
used to regulate all partitions, In addition, the zoning ordinance PL -5 regulated minimum lot
sizes. In 1977, the subject property was zoned Exclusive Agriculti cal, A-1, which had a 5 -acre
minimum »lot size. The subject property did not receive the benefit' of an approval for a partition
or subdivision and did not meet the minimum lot size for the zone, Parcels M is not recognized
as separate legal lot of record.
Lot of Record Analysis
The applicant applied for verification of I'ot(s) of record under Deschutes County Code (DCC)
18.040.030(A), which;;, is defined above. The applicant, provided a complete application
regarding the history of the parcel creation, which allowed staff to render a decision where only
lots or parcels legally created are recognized by the County for development purposes, Based
on the sequential conveyances of land, staff finds the subject property (tax lots' 7700 and 7701)
constitute six separate legal lots of record. The six legal lots of record are shown on Figure 6.
The noted legal lots of record are all at least 5,000 square feet in area and 50 feet wide. In
addition, the sequential land conveyances for all properties occurred prior to the County's first
subdivision ordinance and zoning ordinance (1970 and 1972, respectively). Since the applicant
is not seeking to divide the subject property, the procedures set forth in the current county
subdivision ordinance, Title 17, are not applicable, The 1977 conveyance of Parcel M shown on
Figure 5 is an exception. This parcel is not recognized as separate legal lot of record because
the partition and zoning ordinances were in effect at the time of the 1977 conveyance.
Two legal,' lots of record, Parcels 1 and 2 on Figure 6 were established with discrete boundaries
ifs federal conveyances from 191.0 and 1919, respectively. These jx..ircels have remained
unchanged since 1910 and '1919, Parcels 3, 4, 5, and 6 on Figure 6 were first established with
discrete boundaries through three separate federal conveyances but were changed through two
subsequent conveyances. The subsequent conveyances in 1949 and 1957 separated the
parcels, leaving remnants of the parent parcels. Although a subsequent deed from 1977
conveyed one unit of land, Parcel' M as shown on Fig. 5, it is not recognized as a legal lot of
247;414--000450-LR, Central Land ;. tt€e Company, LLC Page 4
record, Therefore, Pa e 5 is recognized as a leg
boundaries from the 1916 conveyance,
a lot of repo rd using the initia discrete
Most of the parcels reviewed here were ''included in subsequent deeds that described adjacent
lands together in a single deed. Including the parcels in a single deed does not eradicate the
boundary lines that legally established those properties in the pastEvidence was not found
that indicated the subject legal lots of record were consolidated through a property line
adjustrnent approval or platted as part of a subdivision or partition. In the decision LR -10-2 (A,
10- ) and in LR -92-43, LR -92-44, LR -92-46, and LR -92-47, Deschutes County Hearings
Officers Bound that the mere inclusion in a single deed of multiple parcels lawfully created by
conveyances did not result in the eradication of the parcels'previous legally established
boundary lines."
Furthermore, the remnant parcels (Parcel 3, 4, 5, and 6, Fig.'' 6) were first established as separate
larger parcels with legally established boundaries, and were surrounded by legally established'
boundaries of other parcels. Although the remainder parcels left behind does not meet the strict
definition contained in DCC 18.040,030(A)(5) because the adjacent or surrounding lands have not
been subdivided or partitioned, once altered by subsequent conveyances it becomes a legal
remainder parcel, In decision LR -10-2 (A-10-3), the County Hearings Officer articulated'' that
remainder lots are surrounded by legally created lots. Staff finds this determination is reasonable
in this instance for all parcels considered a remainder parcel
The subject property is zoned Exclusive Farm Use —Sisters/Cloverdale subzone (EFUSC) and
Destination Resorts (DR). Any development of this property is subject to the requirements of
Title 18, Deschutes County Zoning Ordinance. Development of this property is also subject to
the requirements of the County Building and Environmental Soils Divisions;
This d eclision becomes final twelve (1 2) d
appealed by a party of interest
Cynthia Sm
Enclosures
dt, Associate Planner
3
ys fro the date al is decision is mailed un
On February 2, 2015, the app€acant's°attorney, Liz Fancher, submitted the following comments.
ORS 92.017 protects historic lots created by deeds (as well as lots and parcels created by partitions
and subdivisions) from being consolidated due to con on ership. ORS 92.017 provides that a "loot'
or parcel lawfully created shall remain a discrete> lot or parcel, urnnss the lot or parcel lines are vacated
e>lot or parcel is further divided, ;s provided by law." Affirmative>action to eliminate lot boundaries
y platting, ?rpt line core oliclations or B rough vacation proceedings is required Weyerhaeuser Real
Estate Development>.Co, v. Polk County, 246 Or App 546 (2011)(recorded pplat approved under
law in effect in early 1983 vacated historic lot lines for lots shown on partition plat; discusses other
eans of elim inating lot lines otherwise protected by ORS 92017); Kishpaugh v. Clackamas County, 24
Or LLIBA 164, 172 (1952 ORS 92.017 requires counties to recognize !awfully created lots and parcels
e action is taken to erase the lawfully -established prone lines."). To date, no actions that
lines have occurred on the>subject property.
247 -14 -000450 -LR, ntral Land Cattle Company, LLC Pa
Deschutes County File 247-14-000450
FR URE
151217 151215
151 21 0
16122
15122
15122 151227
151233 151234
CURB ENT CON RATION
151218
Deschutes County File 247 -14 -000450 -LR
CURE 2
1512.E 15ii. 151215
1.51221
51219 151220
151229
PARCEL A 1910 U.S, LAND GRANT ,
PARCEL B -1911 U.S. LAND GRAN"
PARCEL C>1916 U,S. LAND`GRANT
PARCEL D ---- 1919 U.S., L AND GRANT
PARCEL 1919 U.S. LAND GRANT
Deschutes County File 247 14 -000450 -LR
FIGU RE
1512' 151234
PARCEL F -1949 DEED
PARCEL G 1957 D ED
Deschutes County File 247 -14 -000450 -LR
FIGURE 4
151216
W-
151215
151221
15122€
230 151229
15123 151232 151233
Tu...E Sri, i.ECt .& ' is• v'
X\N
PARCEL H - REMAINDER,
PARCEL - REMAINDER``
PARCEL K``_ REMAINDER
PARCEL L. REMAINDER
151215
Deschutes County
151217
File 247-14-000450- R
F1
7i4 OOO450-
FR 3l RE
51215 151215
151221
1512191
151220
151230 151229
vnauaxa\
151227
X 51234
e. 6.i,?.... . 1 #?1 ._ . 3ittZ ,i.; :;., r'2 .1, k.fl>::::.
PARCEL M 1977 DEED
es County He 247 14-000450
15122
224
232 151233 15 2'
vvvvvvvv.v.
LGL LOT 0 xv 6
Co amity Dev Depa
P/an ing Division Building Safety Division Envir&nrn Division
DOCU
CERT
FILE NU
111 E
MB
NT l
P.O. Box 6005 117 NW Laf yette Avenue Bend, Oregon 97008-6005
541)388-8575 FAX (541)385-1764
ht p://wwwt,co,deschuLe . +r.s-sjcdd/
F CATE OF
B
LE
R: 24714
MA
000450 -LFR
D: Decision Letter
MAP AND TAX LOT N UM BE 5-12-00-7700 (primary), -77 01
certify that on the 15 i, day of March, 2015, the attached notice, dated March 16, 2015,
o the persons and addresses set forth on thewasmailedbyfirstclassmail, postage prepaid,
attached list,
Dated this 116
CO
Lei Fai1c er, Attorney,
644 NW Broadway St;.
Bend, OR 97701
Kameron DeLashmutt,
Central Land and Cattle Company, LLC
P.0, Box 553
Redmond, OR 97756
Loyal Land LLC
80908 Hermitage
La Quinta, CA 92253
MMUN
day of ,larch, 2015.
TY DEVE
By:
0
he
P ENT D
r Buckner
FP RT
my Assessor
ENT
Paul >.Dewey
Central Oregon Land Watch
50 SW Bond, Ste 4
Bend, OR 977021
Qu acs Perfonsned with Pride