2007-1215-Minutes for Meeting May 19,1982 Recorded 6/20/2007COUNTY OFFICIAL el
NANCYUBLANKENSHIP, COUNTY CLERKOS 1v 2007'12+5
COMMISSIONERS' JOURNAL
1,.,,., 06/20/2007 11:50:48 AM
2007-1215
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Deschutes County Clerk
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Janssen
Partition
Equestrian
Meadows
BOARD OF COUNTY COMMISSIONERS
COURTDAY MEETING - May 19, 1982
Chairman Shepard called the Courtday meeting of May 18 and 19
to order at 10:02 A.M., with all three commissioners in
attendance.
The first item under discussion was the Janssen partition.
Rick Isham gave a brief history of the parcel in question
and then stated that Bob Lovlien was in attendance at
the meeting to speak in behalf of Ms. Janssen.
Bob Lovlien related that Ms. Janssen had segmented the
plot of land prior to the partitioning ordinance and
sold two sections of the land to two different parties,
by means of promisory notes. These notes were not filed
with the county. Now, they apparently cannot obtain
a building permit for these lots as they are not filed
as being partitioned with the county. What they are
asking the Commission to consider is that this would
be a legal partition under County pre-existing ordinance.
Bob requested that the Board recognize the promisory
notes and intentions of the parties to enter into
contract before the current partitioning ordinance
came into effect, therefore, enabling them to allow
issue of building permits for these lots. They are
each listed as separate tax lots on county records.
The lots were partitioned under the procedure of roll
change. Prior to January of 1977 the roll change procedure
was valid. It was noted that the promisory notes were
dated back to 1976. Chairman Shepard stated that he
believed this would be a court matter. The question in
his mind is whether or not the Board could make this
particular exception legally.
MOTION: PAULSON moved that the Board find the parcels
under discussion were not divided in accordance
with the Deschutes County ordinance, therefore
not being a legal partition.
SHEPARD: Second.
Commissioner Young did not agree and stated that if the
promisory notes were dated back to 1976, they would be
legal under the roll change procedure. Rick Isham stated
that there were two main points; one being that unusual
documents were used to accomplish the splitting of the
land, and two that they were never filed with the County.
Paulson then called for question.
VOTE: PAULSON: AYE.
YOUNG: NO.
SHEPARD: AYE.
The next item for discussion was in regards to
the Equestrian Meadows Phase II LID resolution and
engineer report. Neil.Hudson, Director of Public
Works, stated that due to a large amount of water
flooding the area where the roads are to be put in,
the construction of these roads must be postponed
until the water dries up. Once the road is graded
and put in, the water problem will not be so bad
in tpe coming winters. The land is already subdivided
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. .
but none of the lots are yet developed. Rick Isham
commented that he and Neil got together to draft an
improvement agreement so that the roads could be
formally authorized. Neil stated that they would like
to get the LID underway, although the roads will not
yet be started. Rick mentioned that the same thing
is being done already with Williams Loop and Brightenwood.
Neil stated that we have already set a precedent on
getting some of these old ones cleaned up. Rick Isham
noted that he and Neil were not real concerned from
a legal point of view regarding this procedure because
there is a fear that if the roads don't get built, then
a future purchaser and resident may go ahead and put
them in themselves.
MOTION: YOUNG moved to adopt Resolution #82-024, Initiating
proceedings to improve certain dedicated roads as discussed
and referring this resolution to the County Engineer for
investigation of the proposed improvements.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
MOTION: YOUNG also moved to accept the Engineering
Report refering to Equestrian Meadows Phase II.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Also in regards to Equestrian Meadows was Order #82-228,
accepting the Engineering Report relating to the improve-
ments on Equestrian Meadows and authorizing the Director
of Public Works to give notices of said hearing.
MOTION: PAULSON moved to approve Order #82-228.
YOUNG: Second.
VOTE: PAULSON: Aye.
YOUNG: Aye.
SHEPARD: Aye.
Agreement
The Commissioners and Rick Isham discussed briefly
Between
the changes made from the old draft of the Agreement
City of
Between the City of Bend and Deschutes County for
Bend and
the Joint Management of the Bend Urban Area. Commissioner
Deschutes
Young did not feel the means of charges for sewer
County
hookups in the urban area was not adequately stated
Joint
in the agreement, therefore perhaps later causing
Management
some confusion as to whom would be responsible for payment.
of Bend
MOTION: PAULSON moved to submit the Agreement to
Urban
LCDC for review and consideration.
Area
SHEPARD: Second.
It was also questioned at this time as to whether the City
would agree with the Agreement as it would be useless to
send it on to LCDC if the City was going to change it.
Rick Isham stated that he did not feel the City would make
any more changes. The Commissioners thanked Rick for all
the hard work he did on the Agreement.
VOTE: PAULSON: AYE.
YOUNG: NO.
SHEPARD: AYE.
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W
Commissioner Paulson left the meeting at 11:00 A.M.
No objections were made to amending the agenda.
Order
Neil Hudson related to the Board that there is a need
Closing
to close the Paulina-East Lake Road due to snow and
Paulina-
ice conditions. There is no way to turn a trailer
East Lake
around up there and at this time fishing is not
Road
permitted at the lakes. The closure of this road
would be favorable as it would keep danger risks
down and keep people from getting into trouble up
there. Neil has requested that the road be closed
for a couple more weeks.
MOTION: YOUNG moved to adopt Resolution No. 82-025,
providing for placement of traffic control
devices at gates of Paulina-East Lake Road,
until June 3, 1982.
SHEPARD: Second.
VOTE: YOUNG: AYE.
SHEPARD: AYE.
Order
Transferring
Funds For signature was Order No. 82-230, Transferring funds
within the Deschutes County Budget from the general fund,
to the Sheriff's levy fund, from the road fund to the
road building fund and equipment reserve fund, from
transient room tax fund to the general fund and from the
library fund to the general fund. Mike explained the
transfers and stated that it was essential now as they
are in the red. He also mentioned that there will several
other transfers coming before the Board by the end of
the month.
MOTION: YOUNG moved to approve Order No. 82-230.
SHEPARD: Second.
VOTE: YOUNG: AYE.
SHEPARD: AYE.
Rick then commented on the new shelving and painting
done to the legal office and Mike Maier mentioned a
couple of changes being made in the Justice Building
regarding the lounging room.
Being no further business, the meeting was adjourned at
12:10 PM.
DESCHUTES COUNTY BOARD OF OMMISSIONERS
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