2005-926-Order No. 2005-041 Recorded 7/14/2005UNSEL
ttkjw
DESCHUTES COUNTY OFFICIAL RECORDS CJ 20050926
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL '29'Z4 PM
2 -9
OTI1411005 03,
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving a Waiver of Land Use
Regulations to Authorize Lawrence and Barbara
Wiehr to Use the Subject Property as Allowed
When the Property was Acquired
* ORDER NO. 2005-041
*
WHEREAS, On November 2, 2004, the voters of the State of Oregon approved Ballot Measure 37
which added provisions to Oregon Revised Statutes (ORS) Chapter 197 to require, under certain circumstances,
payment of just compensation to landowners if a government land use regulation reduces property value. In lieu
of just compensation, Ballot Measure37 authorizes the governing body of a local government to modify, remove
or not apply the land use regulation, and
WHEREAS, Lawrence and Barbara Wiehr have made a timely demand for compensation under
Measure 37 for a reduction in value to his property at 7566 N. Highway 97, Terrebonne, Oregon due to
regulations which took effect after they acquired this property, and
WHEREAS, Section 8 of Measure 37 authorizes the Board, as the governing body responsible for
adoption and enforcement of County regulations, to not apply the identified land use regulation that restricts the
owner's use and reduces the value of the property; and
WHEREAS, the Board has received the report and recommendation of the County Administrator as
required by DCC 14.10.090; and
WHEREAS, the Board has considered the Administrator's report and the evidence presented by the
parties at a Board meeting as required by DCC 14.10.090; and
WHEREAS, the Board makes the following findings of facts and conclusions;
1. On January 21, 2005, Lawrence and Barbara Wiehr ("Claimants") filed a Measure 37 claim
with the Community Development Department.
2. Claimants' property that is the subject of the claim is located at 7566 N Highway 97, Bend,
Oregon, within Deschutes County.
3. The County Administrator has recommended that the claim is eligible for compensation, and
that current EFUTE zoning for the subject property at 7566 N Highway 97 not be enforced in
lieu of payment of just compensation to Claimant. The Administrator's report is attached and
incorporated by reference into this Order as Exhibit "A."
4. The Board concurs with the Administrator's report that Lawrence and Barbara Wiehr are the
current owners of the subject property described in Exhibit "B," having acquired an interest and
continually owned an interest since June 4, 1974.
PAGE 1 OF 3- ORDER No. 2005-041 (07/13/05)
The Board concurs with the Administrator's report that the current zoning for the subject
property is EFUTE, which would not permit a land division of this subject property. This land
use regulation is not exempt from Measure 37 claims.
6. The Board concurs with the Administrator's report that an application for a land division of the
Claimants' property subject to the current regulation, EFUTE zoning if applied to the subject
property would be denied. Therefore, such an application to determine enforcement of the
current zoning to the Claimants' property would be futile.
There seems to have been A-1 zoning in effect at the time Claimants acquired the property
providing a 5 acre minimum lot size in the area of the subject property.
The Board concurs with Administrator's report that claimants have demonstrated that domestic
water, septic, and road access for the desired use of additional residential lots on the subject
property are feasible. Therefore, there is substantial evidence that the desired use that is the
basis for the alleged reduction in value is feasible for water, septic and road access. Despite the
lack of a precise amount of reduction in value, the denial of additional lots on the subject
property would be a substantial amount of reduction in fair market value; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESTCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board hereby determines, based on these findings and conclusions and the
Administrator's report in Exhibit "A," that the Wiehr claim is eligible under DCC 14.10.100.
Section 2. The Board hereby elects to not apply current EFUTE zoning and nonexempt land use
regulations to the subject property described in Exhibit "B" in lieu of payment of just compensation under Ballot
Measure 37. Claimants are hereby authorized to use the subject property as permitted at the time they acquired
the property. Claimants may apply for land division of the subject property consistent with the regulations in
effect at the time they acquired the property. That use shall be permitted if the subject property fully complies
with the regulations in effect on June 4, 1974. The Community Development Director is hereby authorized to
determine the effects that any other non-exempt regulations in effect on this date would have on Claimants'
proposed development differently than current non-exempt regulations.
Section 3. This Order is a waiver of a non-exempt County land use regulation from a property
determined to be claim eligible as defined in DCC 14.10.020(0).
Section 4. A STATE OF OREGON WAIVER MAYBE REQUIRED FOR THE DEVELOPMENT OR
USE OF THE SUBJECT PROPERTY. THIS WAIVER APPLIES ONLY TO THE LOCAL REGULATIONS
SPECIFIED ABOVE. DESCHUTES COUNTY LACKS THE AUTHORITY TO WAIVE ANY STATE
REGULATIONS OR LAWS. STATE LAWS AND REGULATIONS MAY APPLY TO THE USE OF THE
PROPERTY DESCRIBED HEREIN, AND A WAIVER OF SUCH LAWS AND REGULATIONS MUST BE
SEPARATELY OBTAINED BY THE OWNERS FROM THE STATE OF OREGON.
Section 5. This order does not affect any land use regulations of the State of Oregon. If the use allowed
by Section 2, above, remains prohibited by a State of Oregon land use regulation, the Planning Director shall
send notice of the Board's decision to the Director of the Department of Land Conservation and Development.
The notice shall include a statement that the County will not accept an application for a building permit related
to the newly allowed use on the property until the earlier of the following events: (i) notice by the Department of
Land Conservation and Development that it concurs with the Board's decision, or (ii) a date 180 days from
issuance of the Board's decision where no response is made to the notice by the Department of Land
Conservation and Development.
PAGE 2 OF 3- ORDER No. 2005-041 (07/13/05)
Section 6. This Order shall be recorded in the Deschutes County Deed Records together with portions
from the deed or other instrument in Exhibits A and B sufficient to identify the subject property for recording
purposes.
DATED this l3 day of July, 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCNTES COUNTY, OREGON
DEWOLF,
ATTEST: MICIfAEL Y, Co.
Recording Secretary D IS R. LUKE, Co. issi
PACE 3 of 3- ORDER No. 2005-041 (07/13/05)
Deschutes County Department of Administrative Services
1300 NW Wall St., Ste. 200, Bend, OR 97701-1947
(541) 388-6570 Fax (541) 385-3202 - www.deschutes.org
TO: Board of County Commissioners DATE: July 6, 2005
From: Michael A. Maier, County Administrator
RE: Measure 37 Claim - Lawrence and Barbara Wiehr
7566 N Highway 97
Introduction
The County processed the initial Measure 37 claims using its brief claim form, evaluating the initial
submission, asking at least two times that the Claimants furnish more evidence to complete or clarify the
claim, and preparing this report and recommendation under DCC 14.10, the Measure 37 ordinance. The
County's claims process recognizes that less precise evidence of value may be sufficient to evaluate
claims, since there are currently no County funds available for payment of compensation. Also, the
ordinance provides further opportunities for affected neighbors to present evidence and testimony at the
Board meeting when these claims are considered.
This report and recommendation is intended to be a summary and evaluation of evidence in the record.
The report may be attached to the Board's Order which decides Measure 37 claims as a factual basis for
the Order. Any factual changes or additions to this report from testimony or other evidence can be made
part of the Board's Order. Claimants and affected parties have the opportunity to rebut this Report and
provide additional relevant evidence to the Board. Also, under the County's process, Claimants must
provide evidence that the desired use of the property, which may be allowed by a waiver of County
regulations is feasible, i.e., not prevented by physical, utility or other development limitations of the site.
Report and Recommendation - DCC 14.10.090
This is my report and recommendation on this Measure 37 claim received January 21, 2005 when
Measure 37 was in lawful effect. Claimant paid the filing fee and submitted an official demand form. The
property tax lot number 143210000202/204/205, located at 7566 N Hwy 97, Bend, Oregon, and shown
Page 1 of 4 - Exhibit A - Order No. 2005-041
on the attached map, is estimated to be 80 acres. The current zoning is EFUTE with a 20-acre minimum
lot size. The Claimant's desired use is a subdivision of the property into 16 five-acre lots. The amount of
the Claim is $427,506. The following is an analysis of the evidence in the record on the elements of this
Measure 37 claim.
Current Owners - Lawrence and Barbara Wiehr
Claimants presented a copy of a real estate contract showing Claimants' interest is recorded at Vol. 207,
pp. 49-54 of the deed records. The contract is dated June 4, 1974. Staff has confirmed that a deed was
recorded February 15, 1994 at Vol. 329, p. 1753.
Owner Date of Acquisition - June 4, 1974
The date of acquisition by the current owners is the relevant date for Board consideration of waivers
under section (8) of Measure 37. The compensation section of Measure 37, section (6), uses the
acquisition date of a family member to determine the extent of reduction in value for compensation. Since
the County has no funds budgeted for payment of compensation, waivers that are issued by the County
are limited by section (8) of Measure 37 to County land use regulations that were adopted after the later
acquisition date of the current owner. If a waiver is granted as to County land use regulations which were
adopted after the current owner's acquisition date, no compensation is due, even if the prior family
member held the property for many years. While this may seem inconsistent, the measure was, evidently,
written to encourage waivers of local and state land use regulations.
Because Claimants had a legal interest in the land sale contract dated June 4, 1974, that is Claimants'
date of acquisition.
Restrictive Regulation - EFUTE
Under the terms of the ordinance, the Claimants must identify County land use regulations that prevent
the Claimants from using the property in a way that they otherwise could have used the property at the
time the property was acquired. The Claimants must also show that these identified regulations cause a
loss of property value.
Page 2 of 4 - Exhibit A - Order No. 2005-041
The claim form identifies only the EFUTE zoning as the land use regulation restricting the desired use.
This regulation is a County land use regulation, which is subject to Measure 37 claims.
Enforcement of County Regulation - futile DCC 14.10.040(G).
Measure 37 requires that an ordinance that restricts the current owners' use be "enforced" against them.
There is no evidence that Claimants have applied for a land division of the property resulting in the
current zoning being enforced on the subject property. Claimants have not demonstrated that submitting
an application for such a land division under current zoning would be futile. This report confirms that such
an application for the desired use would violate the current zoning and be denied. Therefore, the intent of
DCC 14.10.040(G) has been met for this claim.
Reduction in Value - $427,506 alleged on Claim Form
The ordinance requires that the Claimants provide evidence of the amount of the claim in dollars based
on the alleged reduction in the fair market value of the property resulting from the enforcement of the
County's land use regulation.
• Claimants submitted a letter from Bedsaul Consulting, Inc. stating its opinion that a domestic
water well is available, that septic approval is feasible in the area, and that access from Highway
97 and NE 17th Street is available.
• Claimants submitted a warranty deed indicating assigned rights to access to Hwy. 97 and a
County survey indicating access easements for development on this subject property.
• Claimants have not submitted an appraisal of the reduction in value or evidence of a precise
reduction in value.
• Assuming Claimants could obtain a subdivision of the property under prior zoning, but not under
current zoning, the value of Claimants' property for Measure 37 purposes has been reduced
because Claimants could sell the multiple lots for more than the single, non-subdivided lot.
Effect of County Waiver - remove zoning restriction EFUTE
Claimants have explained in their materials that a County waiver of application of the current EFUTE
zoning would allow them to seek a subdivision of the subject property consistent with the zoning in effect
Page 3 of 4 - Exhibit A - Order No. 2005-041
on June 4, 1974, Claimants' date of acquisition of this property. The zoning in effect at the time was A-1,
which seems to have allowed a land division for 16 lots, each with a minimum of five acres, from an 80
acre parcel. A County waiver of the current zoning does not waive the requirement that Claimants
demonstrate compliance with earlier zoning in a land division application. In that application process, the
evidence about the property acreage and qualification for a land division can be resolved consistent with
the applicable 1974 regulations.
Claimants who receive a waiver must use the current process to seek the needed development permits
based on the zoning in place at the time the current owners acquired the property. Except in a rare case,
the current procedural requirements for handling permits are not regulations that reduce value. Therefore,
the County's procedural regulations are not waived.
Conclusion and Recommendation
The current owners of the subject property has submitted a claim pursuant to Measure 37 which
demonstrates Claimants' eligibility for their use of the subject property based on land use regulations in
effect on June 4, 1974, the date they acquired the property. There is evidence in the record that
development of additional lots, their desired use, would be feasible based upon available domestic water,
septic and road access. There is evidence in the record that there is some amount of reduction of value
because additional lots could be created. Claimants estimate this reduction in value at $427,506. This
estimate does not seem to take into consideration development costs.
My recommendation is that the Board approve Claimants' waiver of the EFUTE zoning in the form of the
Order attached. This Order would have the effect of waiving the current County land use regulations to
allow the owners to apply for use of the property in a manner permitted at the time the owners acquired
the property. In essence, the County would not apply the current EFUTE zoning to the Claimants'
property, but would apply the regulations which were in effect when Claimants acquired the property. This
waiver is not a development permit. Claimants must apply for land division under regulations in effect on
June 4, 1974.
Page 4 of 4 - Exhibit A - Order No. 2005-041
EXHIBIT B
PARCEL-I: IN TOWNSHIP 14 SOUTH, RANGE 13 EAST OF THE WILLAMETTE
MERIDIAN, Desc.hutes County, Oregon:
Section 21: The Northeast Quarter of the Northeast Quarter,
the Northwest Quarter of the Northeast Quarter, the Southwest
Quarter of the Northeast Quarter of said Section, and that por-
tion of. the Southeast Quarter of the Northeast Quarter of said
Section, bounded as follows: Beginning at the Northwest corner
of said Southeast Quarter of the Northeast Quarter and.run-
ning thence easte.rly along the North line of said Southeast
Quarter of the Northeast Quarter to the top of the rimrock;
thence Southwesterly along the top of the rimrock to the
West line of said Southeast Quarter of Northeast, Quarter;
thence Northerly along the West line of said Southeast Quarter
of Northeast Quarter to the Northwest co.rner of said South-
east Quarter of Northeast Quarter and the point of beginning;
EXCEPT, that parcel of the West Half of the Northeast Quarter
deeded from William R. Davidson and Violal I. Davidson, husband
and wife, to the State of Oregon, recorded April 12, 1932,
in Vol. 51 of Deeds at page 128 of Deschutes County Record;
ALSO EXCEPT the right of way of the Oregon Trunk Railway as
conveyed by William R. Davidson et ux by deeds recorded Sep-
tember 13, 1909, in Volume 6, page 163; and March 24, 1911,
in Volume 9 at page 212 Deed Records; ALSO EXCEPT that portion
of the Northeast Quarter of Northeast Quarter of said Section
21, bounded as follows: Beginning at the Northeast corner
of said Section 21 and running thence southerly along the
East line of said Section 21 to the Southeast corner of said
Northeast Quarter of Northeast Quarter; thence Westerly along
the South line of said Northeast Quarter of Northeast Quarter
to the top of the rimrock; thence easterly along the top of the
rimrock to the North line of said Section 21; thence Easterly
along the North line of said Section 21 to the point of begin-
Order No. 2005-041; Wiehr
EXHIBIT B
ning; ALSO EXCEPT those portions of the Northeast Quarter of
the Northeast Quarter of said Section 21 bounded as follows:
Beginning at the Northwest corner of this tract whence the
North Quarter corner of Section 21, Township 14.South, Range 13,
E.W.M., bears North 2.17 feet and West 1867.74 feet; thence
' South Oo 04' West 3J9.31 feet; thence South 890.56' East 458.83
feet to apoint whence the Rimrock is 7.9 feet East; thence
Northwesterly on an irregular course along the rim of the rim-
rock to a point located on the North side of Section 21,
T. 14 S., R. 13 E.W.M., whence the point of beginning of this
tract bears North 890 56' West 389.55 feet and the rimrock is
4.00 feet East of that.point; thence.on this said section line
North 890 56' West 389.55 feet to the point of beginning. ALSO
the following described access 20 foot strip along Section line;
Beginning at the Northwest corner of the Duff Young tract
whence the North Quarter corner of section 21, T. 14 S., R.
13 E.W.M., bears North 2.17 feet and West 1867.74 feet thence
following the north side of Section. 21, T. 14 S., R. 13 E.W.M.,
a course of North 890 56' West to the West side of the platted
17th Street of the Hillman Subdivision (Terrebonne.); thence
South 00 04' West 20 feet; thence. South 890 56' East to the
West sideline of the Duff Young tract; thence North Oo 04'
East 20 feet to the point of beginning of this access strip;
ALSO EXCEPT that portion of the Northeast Quarter of the.North-
east Quarter of said Section 21 bounded as follows: Beginning
at the Southwest corner of the Duff Young tract which is South
311.48 feet and East 1867.38 feet from the North Quarter cor-
ner of Section 21, T.. 14 S., R. 13 E.W.M., as recorded by
the Oregon State Highway Department; thence using the bear-
ings of said State. Highway Department for U.S. Highway #97
North 890 56' West 54.29 feet to the centerline of 17th Street
of the Hillman Subdivision of Terrebonne as it is extended
South of the subdivision and in accordance with the location
of said Street by the Deschutes County Surveyor, Mr. Awbrey-
Perry, in 1964; thence following the said centerline'of said
17th Street extended North 0 31' West 289.31 feet to the ac-
cess.lane of the Duff Young tract; thence South 89° 56' East
57.44 f8et to the West sideline of the Duff Young tract; thence
South 0 04' West 289.31 feet along the West sideline of the
said Duff Young tract to the place of beginning; ALSO EXCEPT
that portion of the Northeast Quarter of the Northeast Quarter
of said Section 21 bounded as follows: Beginning at the North-
west corner of this tract which is also the Southwest corner
of the Duff Young tract which corner is South 31.1.48 feet
and East 1867.38 feet from the North Quarter corner of Section.
21, T. 14 S., R. 13 E.W.M., as recorded by the Oregon State
Highway Department; thence using the bearings oI said State
Highway Department for U.S. Highway 097 South 0 04' West
1004.00 feet; thence South 89 56'. East 150.00 feet more or
less to the rim of the..canyon; thence following the rim of the.
canyon in a Northerly direction to a point on the rim of the
canyon which is both the Northeast corner of this tract and
the Southeast corner of the said Duff Young.tract and is also
located South 89 56' East 466.73 feet fSom the point of.
beginning of this tract; thence North 89 56' West 466.73 feet
to the point of beginning; ALSO EXCEPT that portion of said.
Section 21 described as follows: Starting at a point which is
Order No. 2005-041; Wiehr
EXHIBIT B
the center of Section 21 as the initial point; thence Easterly
a distance of 173 feet more or less, along the. South line of
the, Northeast: Quarter of said Section 21 to the Easterly right
of way line of The Dalles-California Highway, also known as
U.S. Ilighway #97, which is the point of beginning; thence East
along-the South line of the Northeast Quarter of said Section
21 a distance of 495 feet, more or less, to the West line of
Lite r19hL of way of Oregon Trunk Railroad; thence Northerly
and Easterly along the West line of the right of way of the
Oregon Trunk Railroad a distance of 580 feet, more or less,
to a point on the West line of the right of way of the Oregon
Trunk Railroad; thence West a distance of 490 feet, more or
less, to a point; thence North a distance of 217.8 feet to a
point; thence West 200 feet to a point on the East line of the
right of way of the said The Dalles-California Highway; thence
Southerly and Easterly along the East line of the right of way
of the said The Dalles-California Highway 185 feet, more or
less, to the point of beginning; ALSO EXCEPT that parcel of
the West Half of the Northeast Quarter of said Section 21
deeded from William R. Davidson and Viola I, Davidson, husband
and wife, to the State of Oregon by and through its State
Highway Commission, recorded March 10, 1954, in Volume 106,
page 445, Deed Records of Deschutes County, Oregon.
TOGETHER with an appurtenant water right of 65 acres under the
system of the Central Oregon Irrigation District.
Order No. 2005-041; Wiehr
Message
Jeff Sageser
Page 1 of 2
From: Jeff Sageser
Sent: Friday, July 25, 2003 2:32 PM
To: Tracy Moore (Tracym@deschutes.org); Beckey Nelson (beckeyn@deschutes.org); Pam Gibson
(pamg@deschutes.org); Patricia Davis (Patricia_Davis@co.deschutes.or.us); Shirley Boone
(Shirley Boone)
Cc: Nancy Blankenship
Subject: FW: Military officers as notaries
FYI
-----Original Message-----
From: Jeff Sageser
Sent: Friday, July 25, 2003 2:27 PM
To: Laurie Craghead
Subject: RE: Military officers as notaries
Thanks!!
-----Original Message-----
From: Laurie Craghead
Sent: Friday, July 25, 2003 1:56 PM
To: Jeff Sageser
Subject: RE: Military officers as notaries
No. The statute says "if performed anywhere."
Laurie Craghead
Assistant Legal Counsel
Deschutes County
(541) 388-6593
THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATTORNEY-CLIENT
PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY
LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ,
DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING
DOCUMENTS. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND
DELETE THE E-MAIL.
-----Original Message-----
From: Jeff Sageser
Sent: Friday, July 25, 2003 12:50 PM
To: Laurie Craghead
Subject: RE: Military officers as notaries
Thanks, however, the act was performed in Washington. This is an out of state
acknowledgement. Does this make a difference?
-----Original Message-----
From: Laurie Craghead
7/25/2003
Message
Page 2 of 2
Sent: Friday, July 25, 2003 12:36 PM
To: Jeff Sageser
Subject: Military officers as notaries
ORS 194.545(1)(b) says that any commissioner officer on active duty with the military
services of the United States can perform notarial acts in the State of Oregon. Under ORS
194.565, however, the notarial act must include the officer's rank.
Laurie Craghead
Assistant Legal Counsel
Deschutes County
(541) 388-6593
THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE
ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND
CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE
INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE,
USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. IF YOU HAVE
RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND DELETE THE E-
MAIL.
7/25/2003
SIGNATURES: By signing below, Grantor agrees to the terms and covenants contained in his Security Instrument and in any
attachments. Grantor also acknowledges receipt of a copy of this Security Instrument on the ate stated on page 1.
I 4.. sl3
(Signature) CELIN E R. VANDERVLUGT (Date) (Signature)TIMOTHY B. VANDERVLUGT (Date)
(Signature) (Date) (Signature) (Date)
ACKNOWLEDGMENT: pp I
STATE OF.. COUNTY OF C!r C! e, ss.
(Individual) This instrument was acknowledged before me this .....1.55 day of Zq-P3............
by CELINE.R. VANDERVLUGT
My commission expires:
(Seal) ski.. ~J.n.......mQtC./ .
~t t t EAI (Notary Public)
CO (V%Manjr,j.5
STATE OF . ~.5 ......V COUNTY OF L. SS.
(Individual) This instrument was acknowledged before me this ........1. day of N.(t/ a
by TIMOTHY B. VANDERVLUGT .
My commission expires: i LL
(Seal)
CP / FA f (Notary Public)
COrnMesnol11-1
STATE OF.. OREGON COUNTY OF ss.
(individual) This instrument was acknowledged before the this day of
by .
My commission expires:
(Seal)
(Notary Public)
STATE OF ..OREGON , COUNTY OF ss.
(Individual) This instrument was acknowledged before me this day of
by .
My commission expires:
(Seal)
(Notary Public)
Power of Attorney
Jeff Sageser
From: Dee Berman [Dee.Berman @co.crook.or.us]
Sent: Friday, July 09, 2004 2:12 PM
To: Jeff Sageser
Subject: RE: Power of Attorney
Hello again Jeff,
Soi-ty...l forgot to answer the second part of your question.
Page 1 of 1
I interpret ORS 93.410 as applying to the term "when property acknowledged or proved" throughout the
statutes; and, unless someone can prove to me there is a statute stating otherwise, I do not waiver.
Dee J3ewuuz
Crook County Clerk
-----Original Message-----
From: Jeff Sageser [mailto:Jeff_Sageser@co.deschutes.or.us]
Sent: Friday, July 09, 2004 8:21 AM
To: Dee Berman
Subject: Power of Attorney
Good Morning Dee,
Could you take a look at the attached Power of Attorney? The notary is acknowledging a witness who is
attesting to the execution of the document. Would you record?
Also, do you have any guidelines that you apply when determining if a document under ORS 205.130 is
"properly acknowledged or proved" (other than ORS 194)?
Thank you,
Jeffrey R. Sageser
Deschutes County Clerk's Office
<<Power of Attorney.tif>>
7/9/2004
Power, of Attorney Page 1 of 1
r
Jeff Sageser
From: Dee Berman [Dee.Berman @co.crook.or.us]
Sent: Friday, July 09, 2004 2:03 PM
To: Jeff Sageser
Subject: RE: Power of Attorney
No, Jeff I would not record the document. Jean LeRoux's signature must be notarized notarization of
the attesting witnesses signatures are separate and apart from notarization of the person granting the
power of attorney.
Dee 33evncm
Crook County Clerk
-----Original Message-----
From: Jeff Sageser [mailto:Jeff_Sageser@co.deschutes.or.us]
Sent: Friday, July 09, 2004 8:21 AM
To: Dee Berman
Subject: Power of Attorney
Good Morning Dee,
Could you take a look at the attached Power of Attorney? The notary is acknowledging a witness who is
attesting to the execution of the document. Would you record?
Also, do you have any guidelines that you apply when determining if a document under ORS 205.130 is
"properly acknowledged or proved" (other than ORS 194)?
Thank you,
Jeffrey R. Sageser
Deschutes County Clerk's Office
<<Power of Attorney.tif>>
7/9/2004
GENERAL DURABLE POWER OF ATTORNEY
I, JEAN P. LeROUX, a resident of the State of Washington, hereby appoint my daughter,
LISA M. SKAADEN, as my attorney in fact to act in my name and for my benefit. In the event
LISA M. SKAADEN is unable or unwilling to act as my attorney in fact, I hereby appoint my
son, ANDREW P. LeROUX, as my attorney in fact.
FOR THE FOLLOWING PURPOSES:
1. General Powers. My attorney in fact shall have all the powers of an absolute owner
over my assets and liabilities, as provided in RCW 11.94, to act as my fiduciary in my name and
for my benefit, whether such asset or liability is located within the State of Washington or
elsewhere, to do all things that I might do if personally present and legally competent.
2. Specific Powers. In furtherance thereof, and not in limitation of the powers granted
by this power of attorney, I expressly empower my attorney in fact:
a. Accounts Receivable. To demand, sue for, collect and receive all sums of
money, debts, legacies, rents, interest, dividends, annuities, insurance proceeds and other
intangible amounts which are now due or shall hereafter become due, and which belong to me and
to use all lawful means for the recovery thereof, and to compromise and settle any claims for
funds due me.
b. Accounts Payable. To pay any just and lawful debt, rent, interest, principal,
judgments or other demands which are now due or may hereafter become due, owing or payable
by me.
C. Real Estate. To agree to purchase or sell any real estate or interest therein
by written earnest money agreement or other written document, to purchase or sell real estate or
any interest therein by deed or real estate contract, to take possession of any real estate owned by
me by any lawful means and to institute suit for such possession if necessary. In this regard, my
attorney in fact shall have the right to institute suit for unlawful detainer, foreclosure of mortgage
or to quiet title and to forfeit any real estate contract or foreclose any deed of trust by judicial or
nonjudicial means, to rent real estate for my use or rent any real estate belonging to me to others
and execute any rental agreements or leases on my behalf, to plat, subdivide and develop any real
estate owned by me and to dedicate any plat, street, alley or public way, and to authorize and
contract for any improvements to or repairs to real estate owned by me. To carry out the terms
of this paragraph and without limiting the authority of my attorney in fact, my attorney in fact
shall have the authority to execute any and all documents on my behalf, including but not limited
to, escrow, collection and closing instructions, closing statements and loan applications.
GENERAL DURABLE POWER OF ATTORNEY OF JEAN P. LeROUX - 1
(GAEHW\C1.-dU"0UX Vea.POAmpd)
d. Personal Property. To agree to purchase or sell any personal property or
interest therein by written document, to purchase or sell any personal property or interest therein
by bill of sale or other appropriate document, to rent personal property for my use or rent personal
property belonging to me to others and execute any rental agreements or leases on my behalf, to
take possession of any personal property owned by me by any lawful means and to institute suit
for such possession if necessary, to authorize and contract for any improvements to or repairs to
personal property owned by me.
e. Securities. To purchase or sell any securities or any interest therein and in
that regard to endorse or transfer any security including stock certificates, stock powers, bonds,
mutual funds and to execute affidavits of domicile or other documents necessary to effect the
transfer of such property or interest, to take possession of any security or register same in the
name of any stock broker or stock brokerage account.
f. Loans and Investments. To loan and invest any monies now in my
possession or hereafter acquired by me and to accept any note, mortgage, deed of trust or security
interest in any tangible or intangible personal property as my attorney in fact shall think fit and
to release, satisfy or reconvey in whole or in part any such security interest.
g. Borrowing. To borrow any funds in my name, secured or unsecured, in
such amount and upon such terms and conditions as my attorney in fact shall think fit, and to
execute any note, mortgage, deed of trust, or security interest in any tangible or intangible
personal property, granting the lender a security interest in my property in such manner as my
attorney in fact shall think fit.
h. Bank Accounts. To make deposits to and withdrawals from and to open and
close any savings or checking account or any certificate of deposit or money market fund in my
name alone, or in my name and the names of others, and to carry out the terms of this paragraph,
to sign checks, drafts or money orders for payment of any of my bills or daily expenses or for any
reason related to the use of other powers of my attorney in fact set forth hereunder or to endorse
my name on any check, draft or money order for deposit into such account.
i. Safe Deposit Box. To have access to the contents of any safe deposit box
in my name or in my name and the name of others.
j. Business or Farm Property. To operate any business or farm property in
such manner as my attorney in fact shall think fit, including the right to exercise with respect to
the management and disposition thereof all of my rights and powers, including the authority to
broaden, limit or change the scope or nature of the business or farm property.
k. Health Care Decisions. To give informed consent on behalf of the principal
to obtain medical, surgical, health and/or nursing care treatment or non-treatment, as provided
GENERAL DURABLE POWER OF ATTORNEY OF JEAN P. LeROUX - 2
(c:GBH W \CtowdU.F.RoUX UeauPOA."W)
in Chapter 7.70 RCW; provided, however, that my attorney in fact may not consent, without
court approval, to any procedure referred to in RCW 11.92.043(5) that requires court approval
before a guardian may consent to it. I have also executed a Directive to Physicians under the
Natural Death Act of the State of Washington. My attorney in fact shall have power to approve
and direct the withholding or withdrawing of life sustaining procedures, including, but not limited
to utilizing mechanical or other artificial means such as cardiopulmonary resuscitation,
defibrillation, the use of a respirator, intubation, the insertion of a naso-gastric tube and
intravenous nutrition and hydration as set forth therein.
1. Disclaimers. To disclaim pursuant to the laws of the State of Washington
and the Internal Revenue Code all or any assets, property or interests to which I might be entitled
as a beneficiary. In disclaiming, my attorney in fact may rely on the advice of my attorney
regarding my estate planning objectives.
M. Governmental Assistance Pro rg ams. To make transfers of property to my
spouse, if any, family members or third person(s) to qualify me for the benefits offered by
government programs, provided however that such transfers shall be consistent with my estate
plan. My attorney in fact is further authorized to make transfers of property to any trust, whether
or not created by me, in the event the trust benefits me and does not have dispositive provisions
which are different from those which would have governed the property had it not been transferred
to the trust, and to execute assignments of assets pursuant to RCW 74.09.585.
n. Tax Matters. To handle all my tax matters including but not limited to those
before the Internal Revenue Service and the taxing authority of any state of which I am a resident,
whether such residence is my domicile or otherwise, and of any state which has asserted a claim
for tax. This authority shall include the authority to submit an Internal Revenue Service Form
2848 with a statement attached to it indicating the validity of this power of attorney. My attorney
in fact shall have authority to pay any tax or assessment; appear for and represent me, in person
or by attorney, in all tax matters; execute any power of attorney forms required by the Internal
Revenue Service, the state in which I reside, or any other taxing authority; receive confidential
information from any taxing authority; prepare, sign, and file federal, state, and local tax returns
and reports for all tax matters, including income, gift, estate, inheritance, generation-skipping,
sales, business, FICA, payroll, and property tax matters; execute waivers, including waivers of
restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance
of a claim for credit or refund; execute consents, closing agreements, and other documents related
to my tax liability; make any elections available under federal or state tax law; and delegate
authority or substitute another representative with respect to all matters described in this
paragraph.
o. General. To provide for my support, maintenance, emergencies, welfare,
comfort, investments, necessities and health.
GENERAL DURABLE POWER OF ATTORNEY OF JEAN P. LeROUX - 3
(G:\BHW\Clowd\LF.ROUX VeaoPOA.wpd)
3. Durable Power. This power of attorney shall not be affected by my disability and
shall take effect as set forth in Section 4.
4. Effectiveness. This power of attorney shall become effective only upon my
disability.
5. Definition of Disability. Disability shall include the inability to manage property
and affairs effectively for reasons such as, but not limited to, mental illness, mental deficiency,
developmental disability, mental retardation, physical illness, advanced age, chronic or excessive
use of drugs, chronic intoxication, confinement by governmental authority, detention by a foreign
power or disappearance. I shall be deemed to have full capacity and not be disabled unless my
physician determines otherwise in a signed writing delivered to my attorney in fact. In the case
of confinement, detention or disappearance, disability may be evidenced by a written statement
of a qualified person with knowledge of such disability. Upon my request, my physician, shall
determine whether I am no longer disabled and evidence its determination in a signed writing
delivered to my attorney in fact. Alternatively, incompetence or competence may be established
by a finding of a court having jurisdiction over me.
6. Guardian. In the event it is necessary to appoint a guardian or limited guardian for
my person or estate, I appoint LISA M. SKAADEN for that purpose.
7. Revocation of Prior Powers of Attorney. Any powers of attorney I may have
previously executed are hereby revoked in their entirety.
8. Termination. Notwithstanding any uncertainty as to whether I am alive or dead,
this Power of Attorney shall continue in effect to the extent permitted by law until revoked or
terminated.
a. While competent, I may revoke this power of attorney by written notice to
my attorney in fact and by recording a document of revocation in the Office of the Auditor of
Clark County, Washington.
b. The appointment of a guardian of my estate shall vest in that guardian, with
court approval, the power to revoke, suspend or terminate this power of attorney. A guardian of
my person only shall not have such power.
C. My death shall revoke this power of attorney only at such time as my
attorney in fact receives actual written notice of my death.
9. Reliance. As long as neither my attorney in fact nor any person dealing with my
attorney in fact has, at the time of any act taken pursuant to this Power of Attorney, received
actual knowledge or written notice of revocation or termination of this Power of Attorney by death
GENERAL DURABLE POWER OF ATTORNEY OF JEAN P. LeROUX - 4
(G:\BHW\Ck..d\LEROUXVea.POA.w0)
or otherwise, my attorney in fact and persons dealing with my attorney in fact shall be entitled to
rely upon this Power of Attorney.
10. Indemnity. My estate shall hold harmless and indemnify my attorney in fact from
any and all liability from acts done in good faith. This indemnification shall not extend to any
negligence or willful wrongdoing by my attorney in fact.
11. Accounting. My attorney in fact shall be required to account, within a reasonable
period of time, to me, any successor attorney in fact, guardian or personal representative.
12. Governing Law. The terms of this Power of Attorney shall be governed by the
laws of the State of Washington.
v~
DATED this /"Y day of December, 2001.
11hAN P/'ROUX
STATE OF WASHINGTON)
. SS.
County of Clark )
I certify that I know or have satisfactory evidence that JEAN P. LeROUX is the person
who appeared before me, and said person acknowledged that JEAN P. LeROUX signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in the instrument.
DATED this )IV day of December, 2001.
Notary Public
My appointment expires
GENERAL DURABLE POWER OF ATTORNEY OF JEAN P. LeROUX - 5
(G:\BHW\Ck-dV.EROUX VeYnPOA-pd)
AFFIDAVIT OF ATTESTING WITNESSES
STATE OF WASHINGTON)
ss.
County of Clark )
~e-and bn~ o, L being sworn, each
say:
On the date of the attached DURABLE POWER OF ATTORNEY of JEAN P. LeROUX,
I saw JEAN P. LeROUX sign it. I then, on that same date, attested the DURABLE POWER OF
ATTORNEY by signing my name to it as a witness.
To the best of my knowledge and belief, at that time JEAN P. LeROUX was of legal age,
of sound mind, and not acting under any restraint, undue influence, duress, or fraudulent
misrepresentation.
1-
SUBSCRIBED AND SWORN to before me this i day of December, 2001.
•,~c,S101V FAA. ~100
9
~OTARI-
'DUBoo =
% •••,YE 15 20
s,~~~FOFeWASNN"
Notary ,Alblic j"
My appointment expires /fs ~m y
GENERAL DURABLE POWER OF ATTORNEY OF JEAN P. LeROUX - 6
(G:\BHW\ClowdU.FROUXVunPOA.wpd)