2008-562-Order No. 2008-039 Recorded 5/9/2008DESCHUTES COUNTY OFFICIAL RECORDS
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK CJ 2008-562
Zf- - COMMISSIONERS' JOURNAL
05/09/2008 08:10:54 AM
LE AL COUNSEL IIIIIII IIIIIIIIIIIIIIIIII III III
2008-562
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date For
Public Hearing for Petition filed for Thornburgh * ORDER NO. 2008-039
Resort Co., LLC Annexation into the Deschutes
County Rural Fire Protection District #I
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District 41 was duly filed with the Board of County Commissioners of Deschutes County
on or about April 22, 2008, a copy of which is attached hereto as Exhibit "A" and by this reference
incorporated herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is June 2, 2008; and,
WHEREAS, the Board chooses to also require publication notice for special district annexations;
now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the Deschutes County Rural Fire Protection District
No. 1, a copy of which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Monday, June 2,
2008, at 10:00 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County,
Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on May 18 and May 28, 2008, and posted on May 18, 2008, in
three public locations within the county as follows: One notice shall be posted on or near the doors of
the meeting room of the Board of County Commissioners; one notice upon any official bulletin board
customarily used for the purpose of posting public notices within the county; and one notice shall be
posted upon any official public bulletin board customarily used for the purpose of posting public
notices within the proposed district. Notices posted shall be for not less than five (5) consecutive
days.
PACE 1 OF 2- ORDER N0.2008-039 (5/7/08)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to June 2, 2008 (hearing date), a land use compatibility
statement regarding this proposed special district annexation as contemplated in ORS 197.175 and
199.462, and any other applicable statutory authority.
Dated this /1 of 2008
ATTES
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
PAGE 2 OF 2- ORDER No. 2008-039 (5/7/08)
SEP-10-2007 MON 02:16 PM COUNTY COUNSEL FAX NO, 541 617 4748 P. 04
PETITION TO ANNEX PROPERTY TO
(Name of District)
To: The Board of County Commissioners
Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955.
2. This annexation Petition affects only Deschutes County and Daxl,*s 6t.,J y R..< <<<P<s ~w J; sd
(Name of Oislrict)
3. The principal act for bqsc"ksz_ ~ L.-A r." Pia k de~^ t ;S4-~4s
(N3mo of Dirtrict)
ORS CA, 4,26
(Proper stetutory r(iference, see ORS 198.010)
4. The territory that is subject to this Petition for Annexation is primarily inhabited / ninhabited
(circle or7e:). The attached petitions in support of this annexation are signed by Ian owners
and registered voters in the area proposed to be annexed as indicated opposite their
respective signature, and that 211 signatures were obtained on or after the 1~,c doy of
n ~ - lym. , 2003,.
5. It is requested that the proceedings be taken for the annexation of said territory to
CL~o«~,r~rr~kc~aa'Y1c`~,..i+ Deschutes County, Oregon. A
description of t c boundaries of the territory to be annexed is attached hereto and marked
Exhibit "A" and depicted on the rnap attached as Exhibit "13".
6. That said petition has been signed by at least 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed.
DATED this J1 day of L- W,-,2009
Name:~{}o~-dlB tt PE~o~T ca. LLr- Name:,,,,,,
Address: '?o ao Zroy_ ~W„ Address:
Phone: e1S soy - ?-Tc)§ Phone:_
DATED this day of Approved by the Board of Commissie ers of
De3 (Wo4cs uk Q ?r-d , Rro ~
Name of Distric (s.t-L o-P-25oC`{ ,t)
Signature
(Print Nome)
Title:
DATED this day of ,200 Approved by City of
Signature
By:
(Print Name)
Title:
C:1Dooumonts and SetHngs\1audek\Loca1 Scttings\Ternpomy Internet F aMOLKGI Otion to Annex Property to.doc
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i
' SEPf10-2007 MON 02:16 PM COO COUNSEL
FAX NO. 541 0 4748 P, 02
ST ..'r. 5/ SECURITY DEPOSIT "mss 196.775
ntSV 5/]4/y1
FOR SPECIAL 1) ISTRICT FOxMATION OR REORGANIZATION
c7N WTTIIDI2AWAL DTSSOI..LITlUN
FORMATION ANNEXAI'10
Des clntis~QS (emu ~urc,~ Fire_ 17c District --t -
No- of Prccinct.5 in district @ $ PCT PrecinCt = $ (tt1aximLUn of $10,000)
tool deposit
I' IRSONS/ORGANIZATIONS PROVIDING ANY PART OF CAS Ii URITY DEPOSIT
1. NAM V (1'RI1\1T)'r1RoteuB%jtw,-t RESO e-T^ CO- LL-c- - SIGNATU i
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT) -]?S! (ITY, S'1'XfE-, ZIP CODE - J~! , ® IL dj-r -7 61
AMC_)1,1N'1' OIt CONTRIBUTION/VALUE OF SECURED DEPOSIT._A to o _
KIND OF CON'FRII3UTION:* N CASK E3C7ND U'iHIJR SL-'CURl'I'Y DEPOSIT
2. NAME RI::SIDENC E ADDRESS
MAILING ADDRESS (IF DlFFRRFNT)_-..--
CITY, STATE, Z[P (-'ODE
AMOUNT OF CON'IT21B11'I'ION/VAI,UF OF SECURED DEPOSIT ,
KIND OF CONTRIBUTION:* ~ CASH ❑ BOND ❑ CYPHER SECUIUTY DEPOSI'T'
3. NAM I; (11RINT),T_ . SIGNATURE- -
RESIDENCE- ADDRESS
MAl DING ADDRESS (IF DIFFERENT)__ CJTY, STATE, 7..11' CODs _
AMOUNT OF CON"I'RI:BI_ 11ON/VALUE OF SE'C'URED DEPOSIT
KIND 0711 CONTRIBU t'ION;* FICASI-1 E-1 BOND El OTI FER SECURI'T'Y DEPOSIT
CHIEF PI,:TITIONERS
1/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
~Dg.I+ district exceed the deposit, I/we will pay to the cotutily treasurer
the atYtount of the excess cosl_s (OK4195.775).
1. NAMB (PRINT) -rt{oP-vat a-,6,A ovr cc . >.L- c SIGNATL'1RE
IZ WSIDENC:F. ADDRESS DATE
MAILING: ADDRE,SS (IP DIFFERENTI') ~o ~bx 2b'1
Li - 29
CITY, S7 N(V, ZIP CODE, Be-,-& O L DAY TELEPHONE; -5 - o_
2. NAMI: (PRINT) SIGNATURE
RESIDENCE ADDRESS _ DATE
MAILING ADT)R135S (III DIFFERENT)
CI'T'Y, STATE, ZIP CODE DAY TELEPHONE
3. NAME. (I'R11NFT) SIGNATURE:
RESIDENCE ADDRESS _ pA!`E
MAILING ADDRESS (IF DI FFERF.NT) _
CITY, S'1 AV1'I:, ZEP CODE DAY TELEI'I TONE
'I'r,wide additional da~cripllon of security deposit on reverse or separate sheets. Additional contributors may be listed co separate sheets and attached.
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Fire Protection District Annexation
(Not Surveyed)
A parcel of land located in Township 15 South, Range 12 East, Willamette Meridian, Deschutes
County, being more particularly described as follows:
Beginning at the southeast corner of Section 28 of said Township and Range; thence along the
south boundary of said Section 28, North 89°44'49" West a distance of 2605.72 feet to the south
one-quarter corner of said Section 28; thence continuing along said south boundary, North
89°45'08" West a distance of 2605.82 feet to the southwest corner of said Section 28 and the
southeast corner of Section 29 of said Township and Range; thence along the south boundary of
said Section 29, North 89°23'42" West a distance of 2661.15 feet to the south one-quarter corner
of said Section 29; thence continuing along said south boundary, North 89°15'33" West a
distance of 2635.03 feet to the southwest comer of said Section 29 and the southeast corner of
Section 30 of said Township and Range; thence along the south boundary of said Section 30,
South 89°59'43" West a distance of 2639.43 feet to the south one-quarter corner of said Section
30; thence continuing along said south boundary, South 89°52'19" West a distance of 1002.10
feet to the easterly right-of-way of Barr Road; thence along said right-of-way line the following
one (1) course and one (1) curve:
North 00°20'28" West a distance of 2455.89 feet;
188.80 feet along the are of a tangent curve to the right with a radius of 1880.00 feet, the chord
of which bears North 02°32'09" East for a distance of 188.72 feet to a point on the south
boundary of the East One-Half of the Northwest One-Quarter (E1/2 NW 1/4) of said Section 30;
thence along the south boundary of said E1/2 NW1/4, South 89°38'21" West a distance of
332.61feet to the southwest corner of said E1/2 NW1/4; thence along the west boundary of said
E1/2 NW1/4, North 00°18'19" East a distance of 2662.85 feet to the northwest corner of said
E1/2 NW1/4; thence along the north boundary of said E1/2 NWI/4, North 89°53'40" East a
distance of 1028.68 feet to said easterly right-of-way of Barr Road;
thence along said easterly right-of-way line the following eight (8) courses and seven (7) curves:
North 04°15'02" East a distance of 1883.55 feet;
632.79 feet along the arc of a tangent curve to the left with a radius of 603.77 feet, the chord of
which bears North 25°46'28" West for a distance of 604.23 feet;
North 55°47'58" West a distance of 243.90 feet;
477.87 feet along the are of a tangent curve to the right with a. radius of 543.79 feet, the chord of
which bears North.309728" West for a distance of 462.64 feet;
North 05°26'58" West a distance of 2079.04 feet;
816.33 feet along the are of a tangent curve to the right with a radius of 2834.69 feet, the chord
of which bears North 02048'02" East fora distance of 813.51 feet;
North 11 °03'02" East a distance of 2108.24 feet;
262.49 feet along the are of a tangent curve to the left with a radius of 1462.53 feet, the chord of
which bears North 05154'32" East for a distance of 262.14 feet;
North 00°46'02" East a distance of 353.20 feet;
SALand Projects\Cline Butte DR\dwg\040807-plan\docs\tire district annexation - boundary.doc
Legal Description - Exhibit A
Page 1 of 4
500.78 feet along the arc of a tangent curve to the right with a radius of 1880.46 feet, the chord
of which bears North 08°23'47" East for a distance of 499.30 feet;
North 16101'32" East a distance of 468.40 feet;
579.82 feet along the are of a tangent curve to the right with a radius of 925.38 feet, the chord of
which bears North 33°58'32". East for a distance of 570.38 feet;
North 51°55'32" East a distance of 210.63 feet;
525.1.2 feet along the arc of a tangent curve to the left with a radius of 985.38 feet, the chord of
which bears North 36°39'32" East for a distance of 518.92 feet;
North 21°23'32" .East a distance of 5839.99 feet to the southerly right-of-way line of the
McKenzie Highway;
thence along said southerly right-of-way line, South 79°34'08" East a distance of 5414.34 feet to
the east boundary of the Northeast One-Quarter (NEl/4) of Section 8 of said Township and
Range; thence along said east boundary, South 00°56'33" West a distance of 1737.63 feet to the
east one-quarter of said Section 8 and the west one-quarter coiner of Section 9 of said Township
and Range; thence along the north boundary of the Southwest One-Quarter (SW1/4) of said
Section 9, North 89°49'36" East a distance of 2708.74 feet to the center one-quarter corner of
said Section 9; thence along the east boundary of said SW1/4, South 00°34'51" West a distance
of 1328.46 feet to the northwest corner of the South One-Half of the Southeast One-Quarter
(S1/2 SE1/4). of said Section 9; thence along the north boundary of said S1/2 SEI/4, North
89°44'57". East a distance of 2699.08 feet to the northeast conger of said SI/2 SETA and the
northwest corner of the Southwest One-Quarter of the Southwest One-Quarter (SWl/4 SW1/4)
of Section 10 of said Township and Range; thence along the north boundary of said,SW1/4
SWIA, South 89°58'00" East a distance of 1326.38 feet to the northeast corner of said SWIA
SWIA; thence along the east boundary of said SWl/4 SWl/4, South 00°20'12" West a distance
of 1323.94 feet to the southeast conger of said SW 1/4 SW 1/4 and the northwest corner of the east
One-Half of the west One-Half (EI/2 W1/2) of Section 15 of said Township and Range; thence
along the north boundary of said E1/2 W 1/2 of said Section 15, South 89°59'43" East a distance
of 1323.04 feet to the northeast corner of said E1/2 W 1/2; thence along the east boundary of said
W1/2, South 00°13'13" West a distance of 5393.31 feet to the southeast corner of said W1/2 and
the northeast corner of the West One-Half (W1/2) of Section 22 of said Township and Range;
thence along the east boundary of said W1/2, South 00°01'41" West a distance of 1302.13 feet to
the northwest corner of the Southwest One-Quarter of the Northeast One-Quarter (SW1/4
NE1/4) of said Section 22; thence along the north. boundary of said SW1/4 NEIA, North
88°49'51" East a distance of 1307.80 feet to the northeast corner of said SWl/4 NE1/4; thence
along the east boundary of said SWl/4 NEl/4, South 00°01'48" East a distance of 1313.64 feet to
the southeast corner of said SWI/4 NEl/4 and the northwest corner of the Northeast One-Quarter
of the Southeast One-Quarter (NE1/4 SETA) of said Section 22; thence along the north boundary
of said NEIA SEI/4, North 89°20'08" East a distance of 1308.95 feet to the northeast comer of
said NEIA SE1/4 and the northwest comer of the Northwest Onc-Quarter of the Northwest One-
Quarter of the Southwest One-Quarter (NW1/4 NW1/4 SW1/4) of Section 23 of said Township
and Range; thence along the north boundary of said NWIA NWI/4 SW1/4, South 89°45'45"
East a distance of 666.35 feet to the northeast corner of said NW1/4 NW 1/4 SW 1/4; thence along
the east boundary of said NW1/4 NW1/4 SWl/4, South 00°10'39" East a distance of 663.19 feet
to the southeast corner of said NW1/4 NW1/4 SWl/4; thence North 89°46'01" West a distance of
666.71 feet to the southwest corner of said NWIA NWIA SWIA and a point on the east
S:Uand ProjectsTline Butte DR\dwg\040807-plan\docslfire district annexation - boundary.doc
Legal Description - Exhibit A
Page 2 of 4
boundary of said NEl/4 SEI/4 of said Section 22; thence along said east boundary, South
00°08'48" East a distance of 663.24 feet to the southeast corner of said NEIA SEI/4; thence
along the south boundary of said NEIA SEI/4, South 89°18'55" West a distance of 1310.98 feet
to the southwest corner of said NE1/4 SEIA and the northeast corner of the Southwest One-
Quarter of the Southeast One-Quarter (SW1/4 SEI/4) of said Section 22; thence along the east
boundary of said SWI/4. SETA, South 00°0333" East a distance of 333.85 feet to the westerly
right-of.--way line of the Tumalo-Cline Falls Market Road; thence along said right-of-way line the
following four (4) curves and three (3) courses:
35.19 feet along a non-tangent curve to the left with a radius of 1462.81 feet, the chord of which
bears South 14°37'08" West a distance of 35.19 feet;
South 13°55'48" West a.distance of 807.50 feet;
841.01 feet along the are of a tangent curve to the right with a radius of 925.47 feet, the chord of
which bears South 39°57'48" West fora distance of 812.37 feet;
South 65°59'48" West a distance of 402.90 feet;
1223.53 feet along the arc of a tangent curve to the left with a radius of 2894.82 feet, the chord
of which bears South 53°53'18" West for a distance of 1214.44 feet;
South 41°4648" West a distance of 2285.26 feet;
535.05 feet along the arc of a tangent curve to the right with a radius of 2835.55 feet, the chord
of which bears South 47°11'08" West for a distance of 534.26 feet to a point on the east
boundary of the Southeast One-Quarter (SE1/4) of said Section 28;
thence along said east boundary, South 00°56'04" West a distance of 1932.31 feet to the point of
beginning, the terminus of this description.
Excepting Therefrom:
Beginning at the northwest corner of Section 16 of said Township and Range; thence along the
north boundary of the Northwest One-Quarter (NW1/4) of said Section, North 89°40'45" East a
distance of 2704.48 feet to the north one-quarter corner of said Section 16; thence along the
north boundary of the Northeast One-Quarter (NE 1/4) of said Section 16, North 89°40'28" East a
distance of 2702.95 feet to the northeast corner of said Section 16; thence along the east
boundary of said NE1/4, South 00°26'22" West a distance of 2640.57 feet to the east one-quarter
corner of said Section 16; thence along the south boundary of said NE1/4, South 89°28'55" West
a distance of 2689.05 feet to the center one-quarter corner of said Section 16; thence along the
east boundary of the Southwest One-Quarter (SW1/4) of said Section 16, South 00°08'10" West
a distance of 2693.31 feet to the south one-quarter corner of said Section 16; thence along the
south boundary of said SWI/4, North 89°47'34" West a distance of 2729.45 feet to the southwest
corner of said Section 16; thence along the west boundary of said Section 16, North 00°24'21"
East a distance of 5317.87 feet to the point of beginning, the terminus of this description.
Also Excepting Therefrom:
Beginning at the southeast corner of said Section 29; thence along the south boundary of said
Section 29, North 89023'42" West a distance of. 1330.57 feet to the southeast comer of the
Southwest One-Quarter of the Southeast One-Quarter (SW1/4 SEI/4) of said Section 29; thence
SAL-and Projects\Cline Butte DR\d%ve040807-plan\docs\fire district annexation - boundary.doc
Legal Description - Exhibit A
Page 3 of 4
along the east boundary of said SW1/4 SE1/4, North 01°15'50" West a distance of 1327.53 feet
to the northeast corner of said SWIM SE1/4; thence along the north boundary of said SW1/4
SE1/4, North 89°15'44" West a distance of 1326.28 feet to the northwest corner of said SW1/4
SE1/4 and the northeast corner of the South One -Half of the Southwest One-Quarter (Sl/2
SW1/4) of said Section 29; thence along the north line of said S1/2 SW1/4, North 89°1218
West a distance of 2613.32 feet to the northwest corner of said S I/2 S W i/4 and the northeast
corner of the Southeast One-Quarter of the Southeast One-Quarter (SEl/4 SE1/4) of said Section
30; thence along the north boundary of said SE1/4 SEl/4, South 89°46'54" West a distance of
1317.64 feet to the northwest corner of said SE1/4 SEl/4; thence along the east boundary of the
West One-Half of the Southeast One-Quarter (W 1/2 SE1/4) of said Section 30, North 00°02'56"
West a distance of 1329.16 feet to the northeast corner of said W1/2 SE1/4 and the southeast
corner of the West One-Half of the Northeast One-Quarter (W1/2 NE1/4) of said Section 30;
thence along the east boundary of said WI/2 NEl/4, North 00°05'11" West a distance of 1325.46
feet to the southwest corner of the Northeast One-Quarter of the Northeast One-Quarter (NE1/4
NE1/4) of said Section 30; thence along the south boundary said NE1/4 NE1/4, North 89°46'00"
East a distance of 1317.82 feet to the southeast confer of said NE1/4 NE1/4 and the southwest
corner of the North One-Half of the Northwest One-Quarter (N1/2 NW1/4) of said Section 29;
thence along the south boundary of said N1/2 NW1/4, South 88°57'37" East a distance of
2586.84 feet to the southeast corner of said NI/2. NW 1/4; thence along the east boundary of said
N1/2 NW1/4, North 00°16'30" West a distance of 1315.54 feet to the northeast corner of said
NI/2 NWIA and the northwest corner of the Northeast One-Quarter (NE1/4) of said Section 29;
thence along the north boundary of said NEI/4, South 89°16'27" East a distance of 2590.72 feet
to the northeast corner of said Section 29 and the northwest corner of said Section 28; thence
along the north. boundary of said Section 28, South 89°45'33" East a distance of 2707.84 feet to
the north one-quarter of said Section 28; thence continuing along said north boundary, South
89°37'12" East a distance of 2719.27 feet to the northeast corner of said Section 28; thence along
the east boundary of said Section 28, South 00°53'32" West a distance of 2639.93 feet to the east
one-quarter corner of said Section 28; thence continuing along said east boundary, South
00°56'04", West a distance of 1319.71 feet to the northeast corner of the South One-Half of the
South One-Half (SI/2 S1/2) of said Section 28; thence along the north boundary of said S1/2
S I/2, North 89°43'04" West a distance of 5266.70 feet to the northwest conger of said S 1/2 S 1/2;
thence along the west boundary of said S I/2 S I/2, South 01 °27'20" East a distance of 1323.13
feet to the point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common and
apparent on the land.
14168
S:\Land ProjcOsTline Butte DMdwg\040807-planWcs\fire district annexation - boundary.doc
Legal Description - Exhibit A
Page 4 of 4
RENEWAL DATE: 06/30/08
THO_RNB URGH RESORT
EXHIBIT B-11- FIRE PROTECTION DISTRICT, TO
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WITNESS My hand and official seal.
OFFICIAL SEAL
ROBERTA DURIGHELLO
NOTARY PUBLIC-OREGON
COMMISSION NO. 376013
VMMISSION EXPIRES JAN. 04, 2008
Notary Public for Oregon c~
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this petition, cued every Pell - R- gn this vatition did sn ~G'l4i~-e./~ F OTARY OREGON
t><~, presv-nco OMMISSION ION N N0.422114
Nctary t'ublie for Oregon -MY COM ISSION EXPIRES OCT. 7, 2011
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AMERITITLE REDMOND
APPOINTMENT AS
AGENT OF RECORD
C
1 541 923 5427 P.011
I, Everett Thornburgh, Ambers Thoznburgh, and Agnes .peLashmutt, Trustees of The Trail
Crossing Trust do hereby appoint Kameron DeLashrautt my agent of record for all purposes
relating to the :filing of an application for land use on our property located at Cline Falls
Highway. This property is located in Township 15, Range 12, Sections 28, 21, 20, and 17-of
Deschutes County, Oregon. This will pertain to the filing of any land use applic.atiorus with
Deschutes County, or' filing any response to appeal presenting and prosecuting a Measure 3.7
claim, submission of application for water. rights, and any and all inclusion proceedings with
provisions of water, and other services.
Agreed and appointed as of this A 4- day of 1 r2005:
F51- -tt Th ornbuigh
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LESLIE SCHAUER
NOTARY PUBLIC-OREGON
COMMISSION NO. 422114
COMMISSION EXPIRES OCT. 7, 2011
BENDCABLE
Communications, LLC
February 28, 2008
To Whom It May Concern:
1144 Willagillespie Rd. P.O. Box
Suite 33 70006
Eugene, Eugene,
Oregon Oregon
97401 97401
(541)
683-4511
FAX
(541)
683-3525
I, Thomas H. Palmer, am the Treasurer of and an authorized signer for Bend Cable
Communications, LLC. At the time the subject property was acquired, the name
of the company was BCC, LLC, but was changed to Bend Cable Communications,
LLC on March 1, 1999, as shown on the attached.
Please do not hesitate to call if you have any questions.
Cordially,
Thomas H. Palmer
Treasurer
Connecting Your World Like Never Before.
1l:la Cr541 b6i J525 TYKESON/ASSOC. x002/003
rMx + 563 294 9367 1-81-99 e9328A P.83
Phones (6W)Oa6-2200
Fax: (=i 3784381 Articles of Amendment-Limited Liability Company
Saatuary a state
Corporation division
For olbotR Use only
255 Cap" St NF- Sulte 151
"kwn, OR 0731 0-1 32 7
Y•
663169-86
i Number
tddibonai Sheet if Necessary
rype or Print Legibly in Black Ink
1E pR30R To AMIEWMENT
BCC, LLC
FoLLovamG AMENWENTO) To THE ARTICLES t]F OF'GANILE17oN IT GRADE HgAray_ (Ldro ds anlde numw.(s) aM ~ bpi e.. sAOy(q w r tr
wwd to road.)
See attached.
ASE CmEex Tin APPROPmATE STATEMENT
WnwndmQnt Mraa adopted by the manager(s) without me+Mb er action. Member act
iOn was not rt3quln3d.
i of 2010P4011 C (each amendment
amendment(s) was approved by the memo79M 100 per~n(~ y~Q membe
of adoption of s2ch amendment 3f ii 9 epDroveo the emendrnenl(s).
Gi1TiON (KNU be sigrted by at lea3t or* Awmocr or manager.)
ed NaM41 SU►E
tom25 H_ Palmer - - - Treasurer '
MACT NAA E
- M31m5tram DAYTIME PhwtE Nu138ER
4-5•n3?_294 -9543...
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FEES
MOIL: FrM ..e.....,, PO 67tl
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Amendment of Articles of Organization
BCC, LLC
The undersigned members of BCC, LLC hereby amend ARTICLE I of the Articles of
Organization of the Company to read as follows:
"ARTICLE I
The name of the limited liability company (the "Company") is Bend Cable
Communications, LLC . "
This amendment is effective as of March 1, 1999.
Bend Cable Properties,, Inc. (formerly Bend Cable
Communications, Inc.)
By:
Its: Falcon Community Cable, L.P., a Delaware limited
partnership
By: FALCON COMMUNITY INVESTORS, L.P., a
California limited partnership, General Partner
By: FALCON HOLDING GROUP, INC., a
California corporation, General Partner
r
By:_
Its :
PDX4-136486.1 13911-0001
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SL Stmsm mm AND SWORN to before me this
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4 certify that I cimule'«t
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County of Deschutes
This instrument was acknowledged before me on September , 2007 by Kameron DeLashmutt as Member for
Thornburgh Resort Company, LLC.
(Notary Public for Oregon)
My commission expires
State of Oregon
County of Deschutes
This instrument was acknowledged before me on Septembe , 2007 by Kameron DeLashmutt as agent for
Trail Revocable Crossings Trust (Everett Thornb , mbers Thornburgh, and Agnes DeLashmutt, Trustees).
(Notary Public for Oregon)
My commission expires
State of Oregon
County of Deschutes
This instrument was acknowledged before me on September , 2007 by Kameron DeLashmutt as agent for
Eva Thornburgh Credit Shelter Trust (Everett Thornburgh, Ambers Thornburgh, and Agnes DeLashmutt, Trustees).
(Notary Public for Oregon)
My commission expires
D
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State of California
County of Riverside
On . I I - -m~ , 2001 before me, A~ i ►~y -ntor
(DATE) (NAMENITLE OFFICERA.e. "JANE DOE, NOTARY P BLIC")
personally appeared
(NAME(S) OF SIGNER(S))
S ah(~ C . FueP&-3,-1 - lRr-ta"n.n,. L. EJeNSan(
❑ personally known to me - OR -
- - - - - - - - -
ID
CDOMM. tlet 187
NOTARY PUBLIC • CALIFORNIA
RIVERSIDE COUNTY
9_2Mi on s MAR. 18, (R
-
proved to me on the basis
of satisfactory evidence to
be the person(s) whose
name(s) is/are subscribed
to the within instrument
and acknowledged to me
that he/sheRhey executed
the same in his/herAheir
authorized capacity(ies),
and that by his/her/their
signature(s) on the
instrument the person(s);
or the entity upon behalf of
which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
(SEAL) `~2
(SIGNATURE OF RY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document t)Q S Ch v +9_~ Ctl J (y - CIO Nzp )
MUST BE ATTACHED C
TO THE DOCUMENT Number of Pages Z- Date of Document
DESCRIBED AT RIGHT:
Signature Other Than Named Above 7
RIGHT THUMPRINT (Optional)
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CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUALS
❑ CORPORATE
OFFICER(S)
(TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
RIGHT THUMPRINT (Optional)
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CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUALS
❑ CORPORATE
OFFICER(S)
(T-S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
(Name of Person(s) or Entit&s)
ALL PURPOSE ACKNOWLEDGEMENT WITH SIGNER CAPACITY/REPRESENTATIOWrWO FINGERPRINTS
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OFFICIAL SEAL
LESLIE SCHAUER
NOTARY PUBLIC-OREGON
COMMISSION NO. 422114
(MISSION EXPIRES OCT. 7, 20
£0 'd BV)P LI9 IVS 'ON M I3MOO A1000 Wd 9120 NOW LOH-01-BS
TENANTS-IN-COMMON CERTIFICATE
This Tenants-in-Common Certificate is made by Thornburgh Resort Company, LLC ("TRC")
and Parker Group Investments, LLC ("PG").
Background
A. TRC and PG own, as undivided tenants in common, the following real property located in
Deschutes County, Oregon: Tax Lots 5000, 5001, 5002, 7700, 7701, 7800, 7801, 7900
(the "Properties").
B. TRC and PG have entered into two tenants-in-common agreements, each dated June 26,
2007, governing their ownership of the Properties (the "TIC Agreements").
C. TRC and PG now wish to certify certain aspects of the TIC Agreements relating to the
development of the Property.
By signing below, TRC and PG each certify as follows:
Pursuant to the TIC Agreements, TRC, acting through its manager, Kameron
DeLashmutt, is the agent of record and attorney-in-fact for PG and TRC for all
purposes relating to the Properties, including, without limitation, applications for the
annexation of the Properties into Deschutes County Rural Fire Protection District,
No. 1.
2. TRC is authorized to execute any and all applications, on behalf of TRC and PG,
relating to water rights, land use approvals, or the development of the Properties,
including, without limitation, applications for the annexation of the Properties into
Deschutes County Rural Fire Protection District, No. 1.
Dated effective: jamray , 2008
_4r:1 12-
Thornburgh Resort Company, LLC
By: Zia_ Z~'Z 7)
amr DeLashmutt, 7a r
Parker Group Investments, LLC
By: 6//i.,
of rker,
I - TENANTS-IN-COMMON CERTIFICATE
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OFFICIE
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Notary l~ubfic fur Oregon D ~r COMMISN N0.422114
My C°nimisxion Lacpilts; MISSION IM-= 7,2011
,giF'jla.tnfC
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SEP-i0-2007 15:52 AMERITITLE REDMOND 1 541 923 5427 P.012
APPOINTMENT AS
AGENT OF RECORD
I, Harry Kem, Trustee of The Cline Buttes Trust do hereby appoint Kameron DeLashmutt
ray agent of record for all purposes relating to the filing of an application for land use on
our property located at Cline Falls Highway. This property is located in Township 15,
Range 12, Sections 29 & 30, Tax lot # 7800 in Deschutes County, Oregon. This will
pertain to the filing of any land use application with Deschutes County, or filing any
response to appeal, submission of application for water rights, and any and all inclusion
proceedings with providers of water, and other services.
Agreed and appointed as of this day of February, 2005:
By:
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this petition, mid svory pct wh sil;neJ fliis petition did sn LESLIE SCHAUER
NOTARY PUBLIC-0REOON
in my prc8i7~cc. Notary Public Cot Ororon COMMISSION NO. 422114
My Coumisciun L'xpiits: MY OMMISSION EXPIRES OCT 7, 2011
Sippaluro
£0 'd Mp L19 IV9 'ON M ISSNllOO AIMOO Rd 9120 NOW L02-01-BS
SEP-10-2007 15:51 ACRITITLE REDMOND 1 541 923 5427 P.009
APPOINTMENT AS
AGENT OF RECORD
I, Agnes DeLashmutt do hereby appoint Kameron DeLashmutt my agent of record for all
purposes relating to the filing of an application for land use on our property located at
Cline Falls Highway. This property is Tax Lot 415 12 30 #8000. This will pertain to the
filing of any land use application with Deschutes County, or filing any response to
appeal, submission of application for water rights, and any and all inclusion proceedings
with providers of water, and other services.
Agreed and appointed as of this f day of February, 2005:
By:
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OMMISSION EX!tES OCT. 7, 2011
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LESLIE SCHAUER
NOTARY PUBLIC-OREGON
COMMISSION N0.422114
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Department
of State Lands
FAX TRANSMISSION COVER SHEET
1645 NE Forbes Road, Suite 112
Bend, OR 97701
Phone= (541) 388-6112
fax: (541) 388-6480
FROM: _Nancy P.d, Ph No. -(541)388-6355
TO:
Agendy
Title
Section:
Fax
Comments:- -
onr- _ 1_ _iI...--r--l .
Date Sent• im'Se"'- - Number of Pages (incL cover) _
l~r~~s' i -[C.
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Jan 18 08 03:08p p,e-
PD75epartment of State ~aSte nds
~'"on ~ i 7 Summer Street NE, 100
Theodore & Kulortgo i. Governor Salem, OR 97301-1279
(503) 375-3805
M E M O R A N D U M Fax (503) 378.4844
www.oreaonstatelands.us.
State Land Board
May 24, 2006 13IVE
Theodore R. Kulongoski
za Governor
To: Interested Persons
Bill Bradburv
From: Louise Solliday~e~ OSL° 8840 Secretary of State
Director Randall Edwards
State Treasurer
Subject: DELEGATION OF AUTHORITY TO SIGN OFFICIAL DOCUMENTS
As Director of the Department of State Lands and under authority of ORS 273.175 and
subject to compliance with all applicable statutes, rules, policies and procedures (e.g.,
Department of Justice contract review requirements), I hereby appoint and designate
the following persons and alternates to sign, approve and execute certain official
documents which are by law, rule or other authority to be executed by the Director.
1. DEEDS. LEASES- EA-RMFNT-qAgin nTi4i=o r--t%KrMAr-n w■.ru~,.~.~..... ft t
any and all interests in state-owned submerged and submersible land and
uplands managed by the Department)
A. The Assistant Director for Land Management and the Eastern Region Manager
for Land Management, acting under the direction of the Assistant Director for
Land Management, have authority to approve and sign leases, easements, and
other forms of contracts authorizing uses of state land that call for payments
totaling less than $100,000 over the term of the lease, easement, or other form of
contract. Leases, easements, or other forms of contracts calling for payments
totaling $100,000 or more require the signature of the Assistant Director for Land
Management. This authority does not apply to documents relating to property
held by the Department of State Lands as a result of escheat or estate
administration, as described in Section Vill or to South Slough National Estuarine
Research Reserve, as described in Section X.
B. The Assistant Director for Land Management and the Eastern Oregon Region
Manager for Land Management, acting under the direction of the Assistant
Director for Land Management, and any others as sub-delegated in writing, as
approved by the Director, shall have authority to sign documents related to the
management of state lands and the enforcement of contracts and agreements.
Jan 18 08 03:08p p.J
C. Any land sale, exchange or other permanent disposition of state land must be
approved and signed by the Director, or the Assistant Director for Land
Management in the Director's absence.
II. MINERAL RELEASES
A. The Assistant Director for Land Management shall have the authority to release
mineral rights from state-owned lands in accordance with.OAR 141-073 Minerals
Reservation and Release, not to exceed $10,000.
B. In the absence of the Assistant Director for Land Management and the Director,
the Eastern Region Manager for the Land Management Division may release
minerals as described in A. above.
A. The Assistant Director for Land Management and the Eastern Region Manager
for Land Management, acting under the direction of the Assistant Director for
Land Management, shall have authority to make determinations of Department
ownership in land or interests in land in circumstances requiring such
determinations (e.g., lease, sale, exchange, easement, public use issue)
pursuant to the rules and policies of the State Land Board. This does not include
the authority to make navigability declarations as provided in ORS 274.
IV. REMOVAUFILL PERMITS, INCLUDING SCENIC WATERWAY -REMOVALJFILL
3
7
A. The Assistant Director for Wetlands and Waterways Conservation and the Western
Region Manager and the Eastern Region Manager for Wetland and Waterways
Conservation, acting under the direction of the Assistant Director for Wetlands and
Waterways Conservation, have the authority to sign documents relating to the
issuance or denial of permits or enforcement or other authorizations for activities
regulated under ORS Chapter 196 and 390. They may also delegate signature
authority to the respective Resource Coordinators to sign documents related to
the issuance or denial of General Authorizations and Emergency Authorizations
involving removals and/or fills of 600.cubic yards or less.
B. The Assistant Director for Wetlands and Waterways Conservation has the authority
to sign documents relating to the expenditure of funds from the Oregon Mitigation
Bank Revolving Fund (ORS 196), subject to budget limitations.
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Jan 18 08 03:08p
C. The Assistant Director for Wetlands and Waterways Conservation, the Western
and Eastern Region Managers for Wetlands and Waterways (and others to
whom they have subdelegated in writing) and the Wetlands Program Manager
shall have authority to approve jurisdictional determinations as defined by
administrative rule.
V. LOCAL WETLAND INVENTORIES AND WETLAND DELINEATIONS
A. The Assistant Director for Wetlands and Waterways Conservation shall have authority to
approve Local Wetland Inventories (LWI) completed in compliance with applicable
administrative rules, as well as to approve LWI grant awards, agreements and payments.
B. The Assistant Director for Wetlands and Waterways Conservation (and others to
whom the Assistant Director for Wetlands and Waterways Conservation has sub
delegated in writing) shall have authority to approve wetland delineations when
completed in compliance with applicable rules.
VI_ FINANCE AND ADMINISTRATION
A. The Assistant Director for Finance and Administration or, in absence of the
Director and Assistant Director for Finance and Administration., the Fiscal
Manager, Assistant Director for Land Management or Assistant Director for
Wetlands and Waterways Conservation have authority to sign the following:
1. Except as set out in Sections IV, V, VIII and X, documents pertaining to the
procurement of supplies and services acquired by the Department of State
Lands, South Slough National Estuarine Research Reserve and the Natural
Heritage Advisory Council (including purchase requests, contracts, and
similar documents);
2. All official receipts required to be given by the Department (including receipts
required under ORS 116.203);
3. All documents relating to the expenditure of funds, payments and transfer of
funds, provided the Director is informed in advance and approves in writing
any expenditures in excess of agency budgeted or internally allotted items;
4. All financial statements, requests for foreclosure, collection actions,
bankruptcy filings, and similar documents; and
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Jan 18 08 03:08p
5. Requests for Legislative Emergency Board action, annual budget
authorizations, allotments and similar documents. However, all requests for
Emergency Board action shall be coordinated with and approved in advance
by the Director and the State Land Board.
VII. PERSONNEL
A. The Human Resource Manager has authority to sign all documents relating to
personnel actions, performance reports and other actions required in the
administration of the personnel functions and in connection with "Appointing
Authority" responsibilities. The Human Resource Manager has signature
authority up to $1,000.
Vlll. ESTATES AND UNCLAIMED PROPERTY PROGRAM
A. Any person designated as an Estate Administrator by the Director shall have
authority to sign all documents relating to the administration of the Estates
Program, except court filings for estates where the Director has been appointed
as Personal Representative.
An Estate Administrator shall have authority to sign for the payment of expenses
and other disbursements related to Estates in the same amounts as described
for agency budgeted expenses under Section IX.
B. The Assistant Director for Finance and Administration has signature authority to
approve Unclaimed Property claims up to $100,000. The Assistant Director for
Finance and Administration may delegate in writing, signature authority to
approve Unclaimed Property claims up to $50,000 to the Unclaimed Property
Manager. The Assistant Director for Finance and Administration may delegate
signature authority to the to approve holder or other business claims where the
business is the claimant for up to $100,000. Claims over $100,000 must have.
final review and approval of the Director.
IX. PURCHASE ORDERS. CONTRACTS, AND PURCHASE AGREEMENTS
A. In addition to authorities indicated in Sections 1V, V and VI, the Assistant
Directors have authority to sign for agency budgeted and internally allotted
expenses, including unanticipated emergency expenses, within their respective
program areas, in the amounts of $25,000 or less. They may also delegate, in
writing, signature authority up to $1,000 or less to appropriate members of their
respective staff. The Assistant Director for Finance and Administration may
delegate in writing signature authority up to $5,000 or less to the Fiscal Manager.
P. o
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Jan 18 08 03:08p
B. The Manager for the South Slough National Estuarine Research Reserve and the
Business Manager for South Slough have authority to sign for agency budgeted
and internally allotted expenses, including unanticipated emergency expenses,
within the Manager's program area, in the amounts of $1,000 or less. Any
expenditure for meals must receive prior authorization by the Director or
Assistant Director for Finance and Administration or Fiscal Manager.
X. SOUTH SLOUGH NATIONAL ESTUARINE RESEARCH RESERVE
MANAGEMENT
A. The Manager of the South Slough National Estuarine Research Reserve shall
have authority to enter into agreements as are necessary to manage and operate
the Reserve, except as limited by ORS 273.553 to 273.558, 291.375 and
Sections VI, VII and IX of this delegation.
XI. USFWS GRANT DOCUMENTS
A. In the absence of the Director, the Assistant Director for Finance and
Administration shall have authority to sign grant documents for the U.S. Fish and
Wildlife Service.
XII. BALLOT MEASURE 37
A. In the absence of the Director, the Assistant Director for Finance and
Administration shall have authority to review and approve draft and final Staff
Reports and Recommendations, approve and execute Final Orders relating to
claims for compensation or waivers in lieu of compensation, and execute any
correspondence necessary on behalf of the Director. In the absence of the
Director and the Assistant Director for Finance and Administration, the Finance
Manager will be designated the same authority as above.
XIILACTING DIRECTOR
A. In the absence of the Director, the Assistant Director of Administration and
Finance and the Assistant Director designated as Acting Director shall have the
same signature authority as the Director.
c: Theodore Kulongoski, Governor
Bill Bradbury, Secretary of State
Randall Edwards, State Treasurer
Mike Graybill, SSNERR
Lindsay Ball, Director, DAS
DSL Management Team
H-*%M ctor1MeMWX2006%SiV=ft Authority Louise S 5-06.doc
p. b
5
EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Thornburgh Resort Annexation to the
Deschutes County Rural Fire Protection District #1, will be held on Monday, June 2, 2008, at
10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall
Street, Bend, Oregon.
To view the boundaries of the proposed annexation, contact the Deschutes County Counsel's
Office at 388-6624.
The purpose of the proposed annexation is to provide fire protection services for the
inhabitants of the proposed area to be annexed. All interested persons may appear and be
heard.
Deschutes County conducts public meetings in locations which are wheelchair accessible.
Deschutes County also provides reasonable accommodations for persons with disabilities. For
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours
notice of the request. Written information will be made available in large print or audio format.
To request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
To be published in The Bulletin: May 18 and May 28, 2008
To be posted: May 18,2008
EXHIBIT "B" - ORDER No. 2008-039 (5/7/08)