2009-1238-Minutes for Meeting May 13,2009 Recorded 6/2/2009COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS
COMMISSIONERS' JOURNAL 06/02/2009 08;35;32 AM
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 139 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Erik Kropp, Deputy County Administrator; Joe Studer, County
Forester; Laurie Craghead, Legal Counsel; Tom Blust, Road Department; Judith
Ure, Administration; Kevin Harrison, Peter Gutowsky and Cynthia Smidt,
Community Development; and six other citizens.
Chair Baney opened the meeting at 10: 04 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of First and Second Readings, by Title
Only, and Adoption by Emergency of Ordinance No. 2009-017, Amending
County Code relating to Personal Property and Impounded Vehicles
Inventories.
Sue Brewster and Lt. Udder explained that a recent Appellant Court decision
required a change in the wording in the search ordinances. The only
modification is specific language regarding the description of the containers
that law enforcement can look into. This ties in with a 1984 ruling regarding
how to handle inventory.
LUKE: Move first and second readings of Ordinance No. 2009-017, by title
only.
UNGER: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 1 of 15 Pages
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the first and second readings by title only.
LUKE: Move adoption, by emergency.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
3. Before the Board was Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2009-009, Revising County
Code regarding Open Burning on Unprotected Lands.
Joe Studer referred to oversized maps showing the County, and pointed out
areas that are considered unprotected lands and those locations where fires have
occurred in the past.
Unprotected lands mean there is no structural or wildland response to those
areas. Much of this land is adjacent to federal lands, or to areas that are
protected.
Current law allows open burning in the unprotected lands long past the cut-off
date allowed for protected lands, as there was no language to address this issue.
These dates need to be consistent. He added that there are provisions for
agricultural uses, which could be an exception to the rule.
Commissioner Luke expressed concern that the Ordinance allows the burning
of commercial waste; this has obviously been part of past Ordinances allowing
this. Mr. Studer will look into this. Commissioner Baney asked for
clarification regarding agricultural activities, such as ditch burning.
LUKE: Move first and second readings of Ordinance No. 2009-009, by title
only.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 2 of 15 Pages
Chair Baney conducted the first and second readings by title only.
LUKE: Move adoption by emergency.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
4. Before the Board was Consideration of Signature of Resolution No. 2009-
045, Federal Fiscal Year 2009 Elections for National Forest-Related Safety-
Net Payments.
Tom Blust said that this item concerns the percentages. This is the second of
the four-year extension of the funding package. The first question is how much
goes to Title I and Title II.
The dollars from the Secure Rural Schools Bill fall into four different
categories. Title II goes to the National Forest. Title III funds come to the
County but have to be used specifically for roads. Commissioner Baney stated
that the scope of the use of the funds has been narrowed considerably.
The maximum is 20%, the minimum is 15%. The maximum for Title III is 7%
of the total.
A resource advisory committee makes recommendations on how the funding is
used. These recommendations go to the Forest Supervisor for consideration.
There was no change in the amount dedicated towards Search and Rescue.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
5. Before the Board was Consideration of Approval of Document No. 2009-
222, Update of the Deschutes County Human Services Public
Transportation Plan.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 3 of 15 Pages
Judith Ure gave a brief overview of the item and introduced Scott Aycock of
Central Oregon Intergovernmental Council. The original plan was adopted in
2007, and this plan is a requirement in order to receive funding. The County
distributes funds to local service providers.
ODOT contracted with COIC to do the update, along with those of Jefferson
and Crook counties. COIC is to coordinate transportation to non-urban areas of
the County and to provide information to visitors and residents about available
transportation options.
Mr. Aycock said that they did not have to do as much work this time, since it is
an update. The main changes were the data on transit use and areas served. A
few more business representatives have become involved.
Meetings were held to discuss the services, priorities and other details that are
shown in the plan on page 6. (A copy of the plan is attached for reference)
Commissioner Luke asked what obligations the County has regarding this plan.
Mr. Aycock said that any projects that are funded or administered by the
County, or if the County is asked to weigh in on, indicates assurances that these
services are consistent with the plan.
Commissioner Luke stated that Mr. Aycock is involved with other projects
relating to public transportation, such as Dial-a-Ride, he asked how he remains
impartial. Mr. Aycock stated that this is an issue all over the state. He stated
that there are different departments and administrators involved, and care is
taken to remain neutral.
Judith Ure noted that COIC is the facilitator, meant to provide oversight and a
variety of services to the community.
Commissioner Luke asked about the proposed bus stops, which are very
expensive. Mr. Aycock replied that the County is not obligated to fund this or
any other aspect unless they want to. He added that the goal is to coordinate
these public services.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 4 of 15 Pages
6. Before the Board was Consideration of Signature of Order No. 2009-032,
Declaring Default and Cancellation of a Land Sale Contract (Oregon
Water Wonderland Parcel).
This item was removed from the agenda.
7. Before the Board was Consideration of Second Reading and Adoption of
Ordinance No. 2009-011, Amending Code Chapter 2.15, regarding the
Deschutes County Audit Committee.
Erik Kropp said that there have been no changes since the first reading of the
Ordinance.
LUKE: Move second reading of Ordinance No. 2009-011, by title only.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the second reading by title only.
LUKE: Move adoption.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
8. Before the Board was Consideration of Second Reading and Adoption of
Ordinance No. 2009-006, Amending Title 23 Chapters 23.16.020, 23.24.010
and 23.48.010 of the Deschutes County Code to Adopt a Coordinated
Population Forecast for the City of La Pine.
Peter Gutowsky explained that the population forecast is critical to the
development of a comprehensive plan for La Pine.
Laurie Craghead pointed out that there have been no changes since the first
reading.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 5 of 15 Pages
LUKE: Move second reading of Ordinance No. 2009-017, by title only.
LINGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the second reading by title only.
LUKE: Move adoption.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
9. Before the Board was a De Novo Public Hearing on an Appeal of the
Hearings Officer's Denial of a Request for a Lot of Record Verification
(Files #A-09-2 and # LR-08-11; Appellant: Central Oregon Irrigation
District).
Chair Baney read the opening statement at this time. In regard to conflicts of
interest, bias or prejudgment, and ex parte contacts to declare, none were
offered. There had been just a work session with staff. No challenges were
offered.
Cynthia Smidt provided a general overview of the item, per the previously
submitted staff report.
Commissioner Luke noted that the staff summary detailed the Oregon Park and
Recreation transfer to ODOT to expand the right away, and the legislature also
provided for changes. Some discussion was held as to the possibility that these
were two different owners. If it took the legislature to approve this, it must
have been under State ownership.
Ms. Craghead said she feels the State owned it, through different departments,
but no deeds were generated. This was done while it was under federal
ownership but perhaps was under control of the State at the time. The public
parcel was split without benefit of a deed. An entity would not deed property to
itself.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 6 of 15 Pages
Ms. Smidt said that staff determined that three tax lots were one legal lot of
record. It is zoned open space and conservation. Tax lots and lots of records
are not one and the same.
Ms. Craghead said that the Hearings Officer made no finding as to whether the
upper portion of the parcel is connected to the other. The only finding was as to
whether the one lot being considered was a legal lot of record since the highway
goes through it.
Commissioner Unger asked why there cannot be a partition. Ms. Smidt said
that the minimum lot size is 80 acres per the open space zoning, but a minor
partition application might be considered. Commissioner Luke stated that there
are a lot of parcels in that area that are less than 80 acres in size.
Commissioner Baney asked who would retain ownership should this be
determined as a legal lot of record. Ms. Smidt said that COID does not own
this property now; it is owned by the State. Commissioner Luke asked whether
someone could buy a lot that is not a legal lot of record. In the past parcels
have been bought and sold that were not legal lots. Ms. Craghead said that the
law provides that you cannot buy or sell property that has not gone through the
proper subdivision process. If this is found to be a legal lot, it allows the State
to sell the parcel.
Ms. Smidt said that the Assessor has to record whether a parcel is a legal lot,
and this is probably what happened when the State conveyed property in the
past.
Commissioner Luke stated that the County has conveyed small, unusable
parcels to people in the past. Some of these may have not been legal lots of
record.
Liz Dickson, attorney for the applicant, said the State has agreed that the COID
should be able to purchase this property for a small hydroelectric plant. As a
rule, the State does not usually sell its land.
Ms. Dickson was asked whether there are cases when public land divided by a
public road in the early 1930's were determined to be separate lots. She replied
that there are cases where private land was divided by public roads, and those
are considered to be separate lots. This has been uncontested. The only
difference now is this is public land divided by a public road. This is a unique
situation, as there would not have been a deed for a public land transfer between
departments within the same governmental entity.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 7 of 15 Pages
In 1989, the legislature divided the highway department into ODOT and State
Parks. No one really kept track of the various properties prior to that time. She
pointed out that if it had been private land divided by a public road at that time,
the parcels on each side would have been separate lots of record. Because this
was all public land and no deeds were transferred, it is somewhat different.
An April 9, 2009 letter from the National Archives and Records Administration
shows the conveyance from the federal government to the State, pursuant to the
Taylor Grazing Act. There were other parcels along the highway included in
the same conveyance. ODOT records show that in the early 1930's the
highway was laid out. After it was constructed, the State negotiated with the
federal government to bring that highway into State ownership.
Ms. Dickson then presented an oversized map showing other parcels that have
been divided by Highway 97.
The question is when public land is divided by a public road, should those lots
on either side be considered separate legal lots of record. If this had been
private land, they would be considered separate lots. The Levinger case, which
was a State decision, is a basis for this determination.
The question of contiguity and corners are considered to be contiguous, makes
it more likely that property would be considered one legal lot of record. The
question is whether a road going through it defeats this contiguity; law and
various decisions have determined that is does. Where there was a railway or
highway going through, it becomes a question of contiguity. This division took
place in the 1930's. They are no longer contiguous. The southeast portion is
not contiguous so it should be considered a separate legal lot of record and can
be sold by the State to COID.
Commissioner Luke asked what can be done per Code under open space
zoning. Ms. Craghead said that a hydroelectric plant is allowed now. Kevin
Harrison added that the zone was designed to cover publicly owned lands for
park and recreation services. These types of projects are now allowed within
that zone.
Commissioner Luke asked if this could be converted to another zone. Mr.
Harrison said that the underlying zone could be agriculture, so if it went into
private ownership, if the comprehensive plan designation is agriculture, it
would take a comprehensive plan amendment and zone plan amendment. It
could eventually fall within an urban growth boundary.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 8 of 15 Pages
There are obligations for disclosure for sellers of property, and a seller is
required to disclose whether a property is a legal lot of record. For County
purposes, the question comes up when a person asks whether it is a legal lot of
record or if there is an application for a development permit. No permit can be
allowed if it is not a legal lot of record. Otherwise this issue is not administered
by any entity.
If the Board supports the Hearings Officer's denial, and if COID was able to
negotiate with State Parks to develop a hydroelectric plant on the property,
COID itself could not get a permit. Only State Parks could apply or authorize
development.
Ms. Craghead said that lot of record laws came into effect in Oregon in the
1950's. Partition requirements were put in place in the 1980's after land use
laws were established. Commissioner Luke said that if he had divided thirty
acres into three ten acre parcels prior to land use, those would have been legal
lot of records. If he tried to divide it into four lots, it would have to go through
the subdivision process. Ms. Craghead agreed.
Commissioner Unger asked if this property were identified as a legal lot of
record, would this set precedence. Ms. Craghead asked Ms. Dickson whether
there were any parcels sold by the State in this fashion prior to 1991. Ms.
Dickson replied that her research has indicated there was a conveyance to
Deschutes County and one to the City of Redmond. Ms. Craghead said that this
decision could affect a number of properties, although there were no deeds
involved in this particular situation.
Commissioner Unger said that the City of Redmond's purchase followed a State
process that made the property surplus to the State. Commissioner Luke asked
for consensus whether a lot of record property can be sold. Ms. Craghead
stated that there is not an enforcement mechanism covering this. The only way
it gets enforced is when the owner tries to develop it. The remedy in the law is
the buyer insisting on getting his or her money back.
Commissioner Luke said that a lot of record is no guarantee of the ability to
develop. COID has a canal running through there; he asked where that right of
way came from. Ms. Dickson replied that COID obtained the land from the
federal government as part of the 1894 Carey Act. It was given to them long
before others obtained ownership. However, COID wishes to build the turbines
and lines outside their easement area for this hydroelectric project.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 9 of 15 Pages
If the highway had been deeded, it would be simpler. They never conveyed the
path of the highway itself, but did some measuring in 1991 to do some cleanup,
and additional land was conveyed to ODOT in order to widen the highway.
Commissioner Baney asked if a hydroelectric facility has a lifespan. Steve
Johnson of COID said that it would have two lives; about fifty years, at which
time it would be improved and extended for another fifty years. He stated that
this facility would provide several benefits. It would produce carbon free
energy, in conjunction with another use. Less water would have to come out of
the river as well. There would be a permanent in-stream application of the
water and renewable energy aspects.
Ms. Dickson stated that a person is not allowed to convey a lot that is not
recognized by the legal government; however, if this happens, the person who
bought it has a right to get money back plus attorney fees. The law is clear that
you can't do this but there is no method for oversight. However, if you can
meet the requirements to use the lot, it is buildable.
Ms. Dickson asked the Board to determine that this lot is a legal lot of record
because it was public land, a public highway divided it prior to land use laws,
and it should be considered a legal lot of record. The likelihood of others being
affected is small, as this would still remain in public ownership.
Mr. Johnson commented that the agreement with Oregon Parks was under
guidance from the Governor to encourage use of renewable energy. Also, the
State has no desire to sell property otherwise. It may state in the conveyance
that it would be solely for the purpose of developing hydroelectric energy.
Commissioner Luke asked if staff agrees with the assertion made that if this
property had been private land, there would have been legal lots of record
created. In this case, there would have to have been a deed for the road. Ms.
Craghead indicated that is likely the case, although technically there would
have been three lots and not two.
Commissioner Unger said he is supportive of this idea. It would still be in
public ownership and for a public purpose.
Commissioner Baney asked the audience if anyone opposed the issue. No
response was given.
Commissioner Luke stated that he is not sure how a legal lot of record could be
done with restrictions. It could be sold again at some point.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 10 of 15 Pages
Ms. Dickson said that agreement with the Sate and COID could indicate that if
COID uses it for a purpose other than this, this would fall under a deed of right
of reversion back to the State. Within the record there is an affidavit from the
State in this regard.
Commissioner Luke said that there are other parcels split by the highway and
no agreements are in place for those. This should apply to all of those.
Commissioner Baney observed that it could be made only public to public, and
notation made that the past history and practice of the State is not to sell to the
public. Commissioner Luke said that he isn't sure the County can dictate this.
Ms. Dickson said that a deed restriction that runs with the land could be created,
with limitations. Commissioner Luke stated that there was a lot put into writing
in regard to the Burlington Northern crossing at Deschutes Junction. He feels
that the same decision that applies to private land should apply to private land.
This could affect other highway lands. Many things were done in the past
because there was so much land and so few people, everyone wanted the
highway to come in. He feels that if a highway crosses a piece of ground, legal
lots of records are created whether they are private or public lands.
Ms. Craghead reiterated that because the State did not deed to itself, it
complicates the issue. The Lovinger case indicated that legal lots were created
on private land in this fashion. Ms. Dickson stated that it was not specific to
one lot, but addressed land up and down the highways.
Commissioner Unger would like to see the lot created but would like to
minimize the impact. In the future there will probably be a readjustment of
ownership between the various pubic agencies that own land in the area.
Commissioner Baney stated that she would like to see this approved but with
some restrictions. This is not contiguous land and she sees it as piece that has
been separated by a highway, and sees it also as a public benefit. If this were in
private ownership, it would not be a question for the Board.
Commissioner Unger feels that this is a legal lot of record for a number of
reasons. Ms. Dickson said that changes of this type do not necessarily apply to
other parcels, especially if the scope is narrow enough. Technically, there are
three separate parcels.
Ms. Smidt asked if this discussion needed to be continued. Commissioner Luke
said he does not want the decision made to narrow the scope too much. This
gives special treatment to one piece of ground.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 11 of 15 Pages
Commissioner Unger said that because it is public ownership, it is not that
complicated. He would like to see the scope narrowed. Commissioner Luke
observed that this restricts what the owner can do with the property and who
they can sell it to. A hydroelectric project at this time might not make sense
fifty years from now.
Ms. Smidt said there is nothing in Code that prohibits transfer of ownership.
All agencies or private parties have to follow the same rules for development.
Commissioner Baney closed the public hearing at this time, as well as the
written record.
Commissioner Baney wants to look at the deeds put in place in February 1991,
but hears the objections about narrowing further. Commissioner Unger would
like to go forward with making this a legal lot of record. Commissioner Luke
clarified that the decisions made because of highways going through various
private properties would apply to publicly owned lands also. Narrowing factors
might apply. The effective date of the statute in November 1991 does not affect
the deeds drafted in February 1991.
The applicant's attorney was directed to draft the appropriate findings for
County Counsel to review, to then present to the Board for its review and
consideration of approval.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Consent Agenda Items
10. Signature of Resolution No. 2009-046, Transferring Appropriations within the
Park Acquisition and Development Fund
11. Signature of Resolution No. 2009-048, Appropriating New Grants in the
Commission on Children & Families' Fund
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 12 of 15 Pages
12. Signature of Resolution No. 2009-049, Transferring Appropriations within the
Dog Control Fund
13. Signature of Resolution No. 2009-050, Transferring Appropriations within the
Commission on Children & Families' Fund
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
14. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $3,375.28.
LUKE: Move approval.
LINGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-H County Service District in the Amount of
$2,970.34.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
LINGER: Yes.
BANEY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
16. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $1,473,470.83.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 13 of 15 Pages
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
17. ADDITION TO THE AGENDA
Before the Board was Consideration of Chair Signature of Document No.
2009-240, a Grant Agreement for the Secure Residential Treatment
Facility.
Judith Ure gave an overview of the grant agreement, which is for a total of
$750,000. This will allow the County to build a 16-bed treatment facility near
the public safety campus. The grant is actually $75,000 more than the original
application requested.
Erik Kropp stated that the County will have six of the sixteen beds. The
funding is provided up front and must be paid out by the State during this
biennium.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Being no further items to come before the Board, the meeting adjourned at
12: 40 p. m.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 14 of 15 Pages
DATED this 13th Day of May 2009 for the Deschutes County Board of
Commissioners.
ATTEST:
(Recording Secretary
R. Luke, Vice Chair
Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009
Page 15 of 15 Pages
a~~ UMZe~
Alan Unger, Commissioner
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, MAY 13, 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION of First and Second Readings, by Title Only, and
Adoption by Emergency of Ordinance No. 2009-017, Amending County Code
relating to Personal Property and Impounded Vehicles Inventories - Sue
Brewster and Capt. Marc Mills, Sheriff's Office
3. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinance No. 2009-009, Revising County Code regarding
Open Burning on Unprotected Lands - Joe Studer, County Forester
4. CONSIDERATION of Signature of Resolution No. 2009-045, Federal Fiscal
Year 2009 Elections for National Forest-Related Safety-Net Payments - Tom
Blust, Road Department
5. CONSIDERATION of Signature and Adoption of Document No. 2009-222,
Update of the Deschutes County Human Services Public Transportation Plan -
Judith Ure, Administration
6. CONSIDERATION of Signature of Order No. 2009-032, Declaring Default
and Cancellation of a Land Sale Contract (Oregon Water Wonderland Parcel) -
Teresa Rozic, Property & Facilities
Board of Commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 1 of 7 Pages
7. CONSIDERATION of Second Reading and Adoption of Ordinance No.
2009-011, Amending Code Chapter 2.15, regarding the Deschutes County
Audit Committee - David Givans, County Internal Auditor
8. CONSIDERATION of Second Reading and Adoption of Ordinance No.
2009-006, Amending Title 23 Chapters 23.16.020, 23.24.010 and 23.48.010 of
the Deschutes County Code to Adopt a Coordinated Population Forecast for the
City of La Pine - Peter Gutowsky, Community Development Department
9. DE NOVO PUBLIC HEARING on an Appeal of the Hearings Officer's
Denial of a Request for a Lot of Record Verification (Files #A-09-2 and # LR-
08-11; Appellant: Central Oregon Irrigation District) - Cynthia Smidt,
Community Development Department
CONSENT AGENDA
10. Signature of Resolution No. 2009-046, Transferring Appropriations within the
Park Acquisition and Development Fund
11. Signature of Resolution No. 2009-048, Appropriating New Grants in the
Commission on Children & Families' Fund
12. Signature of Resolution No. 2009-049, Transferring Appropriations within the
Dog Control Fund
13. Signature of Resolution No. 2009-050, Transferring Appropriations within the
Commission on Children & Families' Fund
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
14. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
15. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
Board of Commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 2 of 7 Pages
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
16. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
17. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Tuesday, May 12, 2009
12 noon Regular Commissioners/Department Directors Update
Wednesday, May 13 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, May 18 2009
9:00 a.m. Budget Deliberations
Tuesday, May 19, 2009
9:00 a.m. Budget Deliberations
1:00 P.M. Departmental Budget Presentations
tsoara or commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 3 of 7 Pages
Wednesday, May 20 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
9:00 a.m. Budget Deliberations
Thursday, May 21 2009
9:00 a.m. Budget Deliberations
Monday, May 25 2009
Most County Offices will be closed to observe Memorial Day.
Wednesday. May 27 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 1 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, June 3 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 4 2009
10:00 a.m. Regular Update with the District Attorney
11:00 a.m. Regular Update with Community Development Department
1:30 p.m. Regular Update with Road Department
2:30 p.m. Regular Update with Solid Waste Department
Wednesday, June 10, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 4 of 7 Pages
Thursday, June 11, 2009
11:00 a.m. Regular Update with Health & Human Services Department
Monday, June 15, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 17, 2009
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 18, 2009
10:00 a.m. Regular Update with Community Justice Department
Monday, June 22 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 24, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting - includes public hearings on proposed budgets,
and consideration of adoption of the budgets
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 25, 2009
9:00 a.m. Regular Meeting with Fair & Expo Department
11:00 a.m. Regular Meeting with Commission on Children & Families
2:00 p.m. Regular Meeting with the Sheriff
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 5 of 7 Pages
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 2
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Friday, July 3
Most County Offices will be closed to observe Independence Day.
Monday, July _6
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, July 8
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 9
7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond City Hall
Wednesday, July 15
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, July 20
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 6 of 7 Pages
Wednesday. July 22
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 23
5:30 p.m. Joint Meeting with the Planning Commission
Monday 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday. June 29
Opening Day at the Deschutes County Fair
Monday, August 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday. August 5
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, May 13, 2009
Page 7 of 7 Pages
n ' ` 2{ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest ~6~~~ ~~~'~~r•~ -of-- 2- 51-131,0
Name Gil
Address 4i/ Vl e&j !~L)y
412- 7 ?v Z
Phone #s . / 7 SS?J r
E-mail address -6a6k5-dn Cxx-,_~
LIJ~ In Favor ❑ Neutral/Undecided
Opposed
Submitting written documents as part of testimony? Kyes F]No
y' BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest 14f 4-11 Date l~ ~
Name J r C ~~'llU 7✓-~'~1~2~4L ~ ~ J~2LC~i?~✓ C'~7S/-12 r-
Address /1Oss-- 51d &ks e&?__4:__
flk- l
Phone #s 60 yi-
E-mail address 1 Cord - o~y
X In Favor 1-1 Neutral/Undecided
Submitting written documents as part of testimony? ❑ Yes
Opposed
a No
`National Archives and Records Administration
Y
PACIFIC ALASKA REGION
rosy 6125 SAND POINT WAY NE
SEATTLE, WASHINGTON 98115-7999
206-336-5115
www. archives.gov/facilities/wa/seattle. html
April 9, 2009
Rhondalyn Darnell
Oregon State Office
Bureau of Land Management
333 SW I" Ave.
Portland, OR 97204
Dear Ms. Darnell:
Enclosed are copies of the records for patent 1119957 (serial number 031840).
Kathleen Crosman
Archivist
206-336-5121
OFFICE OF REGIONAL RECORDS SERVICES
Document Reproduces Poorly
(Archived)
10
y
V7,`
o.,:,rnriimed at the National Archives and Records Administration-Pacific Alaska Region (Seattle)
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(Kind of entry and acts)
(Serial No.)
I
- See, 8,-Act 2 Sec. 3 Act 6/26Z360
(Name and address)
State of Oregon, Clerk, State Land Board.
Salem, Oregon.
(Description of land I I I I
Offered Lands: S2SW4- Sec. 2, L spec. 31 N2N2 Sec. 10, N1'V,2NVV4-
S e 11, T.
I and
the S2 Sec. 16, T.
-,14,,._E.
,
.
18 _S. , R..14 E..'2 W. M. 640 acres.
Selected Lands; Sti1'4SE4 Sec. 29, S~lJ4N4'v49 NW4SV►4 Sec. 32, T. 15 S.,
_a.___13_E.; Lot 1, Sec. 7, T.,_,16_ .S_..,_:...R. '13 E•,
NV
SE4 Sec. ,12, MV.LSW- SvV-SW- Sec. 13, NE4NE4
S
EINE4, M.VµSE9, Sec. 23, NE4NE¢,. MV_T' SE4, SE-LSW4
Sec. 34, T. 16 Lot 3, SE4NW-
SW4NW4, Sec. 3, T. 17._..5..., ,.R.....:2.. E. , W. M. 05.16 a
DATE
ACTION TAKEN '
Tune 9, 1942
Appln. filed in duplicate. No conflicts. To GLO
with June 15, 1942 returns. `
J"I11Y 17, 1944
'IF" of July 10, 1944 requires additional evidence.
tidvised by r.m.
July, 19, 1#
J 1 - lu
~
4
Dat of servige.
Zj etiter aria (dorm ?.I' deed filed.
f
ate
to Cl
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et'
,
f
y
9,
u
urnea
er l
o
aee • as i
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ea r
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Land
Board.
l^'• 18, 1 44
4iOstiract O1 itlu _:J.. 1551 ~ , 1-ecc?1U_tCi
1%li u to .1llt _:?r1tY _.a C
:~li'ic,
a, ov, d eci, cc.rtiii.ca_te Df ~..,E
_
F.ci'b, l.. 1i
i.. 14 , C 1CYl1lG xLC _J 'lt"i" _o .c^t~Clliiiv'Et%lCc a u1n
L ,:)v yr ; c, t county 1°ecbl,ds, cr!~rti 'i c-.te s!1:,"PjJ
J
t[_fc i -`tl?-st :=1;:;C lend, z; c, eIecti0, t
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lP~~.I~~ .lr.. 0.c01r t r
Ve V,:) a ( )t t) 1tiGilTi tJ C.cZt~:7
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~
',Iith. L, cc. '4, 1 C(_i. J`;der t.(:t Jiti1 yettr JY
tra ! slalttal :and evidence of s8rvic ; hr:_i on "F`t f
J_iiiy 10, 1944.
Nov. 18, 1944
"F" of Nov. 11, 1944 requires amendment of
ab:stractorts certificate. Advised by r.m. (Ab.strac
No.- 111 and two copies of Solicitor's final opinion
111. 33770 of Sept. 28, 1944 for,,?arded).
P.ov. 24, 19L_4
Date of Service.
Dec. 2) 1944,
Abstract of Title No. 111 as corrected filed by
Clerk of State Land "E>oard. Same to GLO, vith
evidence, of service had on 'F'' of Y!ov. 11, 1944.
Party advised.
Feb.; 20, 1945.
"K" of Feb. 2, 1945 directs publication and encloses
advertising order directing publication in the Pilot at
Bend, Oregon for four consecutive weeks. Notice for
publication, advertising order and copy of Decision trans-
mitted to the State Land Board, Salem, Oregon.
A,nr.i1 17, 1945
Af.fida.vit, of miblic~~..tion .Ci.led.
May 7, 1945
Affidavit of Publication and Certificate of Posting to
G.L.O. State advised.
r
t
E
C
Form 41275
Sept. 1954 TRANSFER MNTROL CARD
Serial No. The Wles
Applicant
Type of case
Transferred to Mrs Rice
a~
Transferred from LO
Date sent 8/18/55 Date received
INT.-DUP. SEC., WASH., D.C. 76903
UNITED STATES
DEPARTMENT OR THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Da.lles, Oregon,
July 25, 1945.
Mr. Lewis D. Griffith, Clerk,
State Land Board,
Salem, Oregon.
Dear. Mr. Griffith:
'We enclose hemiith copy of Comissioner's Decision
"'F'" of July 19, 1945, approving, for patenting the selected land
and accepting title tv -,,,he n e se land in exchange Ido. 031840.
Very truly yours,
GRACE GIN L.EI IS,
Register.
IN REPLY REFER TO;
UNITED STATES
DEPARTMENT OF THE INTERIOR
-GENERAL LAND OFFICE
WASHINGTON
. ADDRESS ONLY THE
COMMISSIONER OF
THE GENERAL LAND OFFI CE
DECISION JUL 19 1945
State of Oregon.
Application Approved for Patenting.
Exchange Application
The Dalles 031840 nF"
On February 211%5, the Department authorized ublication of exchange
application, The Dalles 031840, filed under section 0 of the act of June 289
1934 (48 stat. 1269), as amended by the act of June 26, 1936 (49 stat. 1976),
and required the submission of evidence of such publication, together with
other evidence required by section 4, circular No. 139a8 (55 I. D- 582),
including a deed of conveyance of the offered land to the United States by
the State of Oregon. The required evidence has been filet
The application is made on an equal value basis, and an affidavit to
the effect that the selected lands are not occupied, claimed, improved or
cultivated adversely to the State has been furnished. There are no, protests
or contests of record, and the Geological Survey has reported that the survey
records indicate that the selected lands are without value for minerals,
either metalliferous or nonmetalliferous, or for water power or for conser-
vation of water.
All of the lands are in Grazing District No. 5, and the Grazing Service
has reported that the consummation of the exchange will not interfere with
the administration of the grazing district and will be beneficial to the
public interests of both the State and the Federal Government. It also
appears from the record that there are no springs or watering places on the
selected land.
Some of the selected lands. are within fifty feet of the center line of the
transmission line right-of-way of .the Deschutes Power and Light Company and
have been withdrawn and are only subject to selection under section 24 of the
Federal Power Act of June 10, 1920 (41 Stat. 1063), as amended by the act of
August 26, 1935 (49 stat. 84; 16 U.S.c. 818 and sup.), However, the state
has filed an election to take such lands subject to the provisions and reser-
vations of sec. 24 of the act of June 10, 1920, as amended, supra.
The above exchange is approved for patenting to the State of Oregon of
the following lands:
FMqCMRY
Willamette Meridian.
BUY
T.
16. S., R. 12 E., sec. 12,
NV-,!SE4
~L
.TAT..
"AV.-O.
ONDS
s e C .
l3
F
g
E SW 1
S '
'
AND
STAMPS
sec. 23
,
t'
lYtS
2 4i r 4 4:
see.
34,
NF~'VE' NW~SEjf
4. is ~
-
and SN S➢P.~
T. 17 S., R. 12 E., sec. 3, lot 3 and S2-M
T. 15 S., R. 13 E., sec. 29, SVSE~i
sec. 32, NW-''-SU-
T. 16 S., R. 13 E., sec. 7, lot 19
containing 635.16 acres, subject to the provisions and reservations of Section
24 of the Federal Power Act of June 10, 1920 (41 Stat. 1063), as amended.
August 26, 1935 (49 stat. 838, 846, 16 U.s.C. sec. 818), as to that portion of
the SW4 E~ sec. 29, SW-,f` , NWT'S q sec. 32, T. 15 S., R. 13 E., and lot 1, sec. 7,
T. 16 S., R. 13 E., lying within 50 feet of the centerline of the transmission
line right-of-way of the Deschutes Power and light Company, in lieu of the
following lands:-
Willamette Meridian.
T. 18 S., R. 14 E., sec. 16, c;-'-
T. 19 S., R. 14 E., sec. 2, S21SI'fZ
sec. 3, SEISE-
sec. 10, 12I 2
sec. 11, NWiV'J1
containing 640 acres. The deed of conveyance is hereby accepted and the lands
now become a part of Grazing District No. 50
The Register of the District land Office at The Dulles will make all
necessary notations of the approval of the selected lands on the records in
the local office and note opposite the descriptions of the base lands, the
following:-
Reconveyed to the United States under section 8 of the
act of June 28, 134 (4.8 stat. 1269), as amended by
the act of June 26, 1936 49 stat. 1976) by the State
of Oregon by deed dated August 2, 1944; recorded. in Vol*
65 of Deeds,-page 281, Deschutes County.
The land acquired by the United States in this exchange will not become
subject to appropriation under the public land laws until an order authorizing
such appropriation has been issued by the General Land Office.
Office decision dated June 16, 1945 is hereby revoked.
The Register will transmit the attached copy hereof to the State Officer,
` ~ vV
j
Assistant Commissio er.
2
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Dalles, Oregm,
July 2, 1945.
Mr. Lewis D. Griffith, Clerk,
State.Land Board,
Salem,, Oregon.
Dear Mr. Griffith;
This will acknowledge receipt of your letter
of June 30, 1945, which we are transmitting to the General
Land Office, Washington, D.C. Mb enclose a copy of our
letter of transmittal to the General Land Office,
Very truly yours,
Register.
Enc.
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Dalles t Oregon,,
July 2, 1945.
NWRANDUM for the Commissioner,
General Land Office.,
Wasrhington* Doc"
From the Register.
Reference is had to your Decision "F" of June 160
1945 in exchange a lication No, 031844 of the State of Oregon
requesting additional evidence.
We enclose herewith letter received from Lewis Do
Griffith Clerk of the ;Mate Land Board, Salemy '4rregon.
AceordiM to our records the following papers were
transmitted to your office:
August 1S, 1944, Abstract of Title Wo. 15565, recorded
deed conve~tiing base lard to U. S., certi-
ficata showing authority for execution of
above deed, certificate of state officer
shoring no encumbrances against S Se . 16,
T. 18 $.r R. 14 E., certificate showing
no encumbrances against above property on
county records, certificate showing no
unpaid taxes against base land, and election
by Mate to accept patent to certain lands in
accorda<-ice with Sec. 24, Federal Prager Act.
Deco 2, 1944p Abstract of Title No. 111 as corrected.
May 7, 1945. Affidavit of publication and Certificate of
Posting,
Registry receipt card is also enclosed showing evidence
of service had on "F" of June 160 1945.
Register.
Copy for information of
Lewis D. Griff ith, Clerk,
State Land Board,
Salem, Oregon.
LEWIS D. GRIFFITH
CLEPK
STATE OF OREGON
IN REFERRING TO THIS COMMUNICATION
OFFICE OF THE STATE LAND BOARD . IT IS IMPORTANT THAT YOU MENTION
STATE CAPITOL
FILE No. application to
SALEM Fxzhange 031A40
Bend-Redmond Hwy.
June 30, 1945
United States
The Dallas
Oregnn
Dear Madsm:
District Land Office
. L'i►a1' ~'~CEIVED
R71CT LAN17 OFFICL
THE DALLes, GREGOly
r~Ar~ JUL
A tenti€raaa Grace ~ray Loyis, feeister
I wish to acknowledge receipt of your aommu :tion of jvae 25, regard..
ing Serial No. 011840.. which is an exchange of land in Deschutes County. You
also enclosed deoision of the General Land Office at Washington, D. C.'* signed
by Joel David 1~o3#"sc~ha, ass t ss
I note that the f ID s e &tau to furnish (1) a
duly retarded deeea of eanve o e o f 1 sj (2).a certificate of the
proper State officer shod a o f r d ltd ~a have not been sold or other-
wise encumbered by the Sta ce ate a Retarder of Deeds or
official custod e►n of the records of transfer of real estate, in the proper
countyy or by-an abstracter or abstract compuV approved by the General Land
Office, ' th at no instrument purporting to convey or in any way encumber title to
the offered lead is of record or on file in the Cp=ty Reeorderts office up to
and including the de:tc of recordation of the need of oonveysnae mentioned above.
I will advise that all of these Instruments were sent to you by
registered mail on August 17,# :19440 and I have a ao naniestion from your office
stating that you forwarded them to the neral Land Office. For your informa-
tion I am enclosing, herewith, i c-mpy of my letter to the Register of the Land
Office at The Dallas,, dated August 17, 19,x.. It would be appreciated if you
would forward this c ivation to Washington, together with a letter from
yourself, explaining the matter to the General Land Office at Washington, D. C.,
to I am sure we have complied with all of the many regulations of that office*
Very truly yours
t
4 ate Lan #3p~tx'd
LDG:ASC
Uol
THIS IS A COPY OF OUR LETTER IN A MATTER IN WHICH YOU MAY BE INTERESTED WHICH IS BEING SENT YOU FOR YOUR INFORMATION
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The A les„ Oreozi, June 25, 1945
State. of Oregon., _ Serial 0318,40
..emy Oregon..
G6atlegns
office is,in receipt of'the enclosed decision from the Commissioner
of the General Land Office, involving the entry or application whose serial.,
number is noted above,.
Any requirements imposed upon you by the decision must betcomplied with
within the time allowed, otherwise the decision will become final without
further notice. You have the right of appeal.
Any response must be filed in this office, and should refer to the serial
.number above noted.
Very truly yours,
Enc.
Copy of Ocum i sionerl u Decision. Register..
4-486
(December 1943) 16-asses-1 ovo
IN REPLY REFER TO.
UNITED STATES
DEPARTMENT OF THE INTERIOR
ADDRESS ONLY THE
COMMI.SSIONER OF
THE GENERAL LAND OFFICE
o,'r J U Pa.. ? 1845
GENERAL LAND OFFICE
WASHINGTON 25, D-C
State of Oregon
DECISION JUN- 16 1945
Exchange application
The Dalles 031840 "F"
Additional evidence required.
By decision dated February 2, 1945, the-Department authorized publi-
cation of State exchange application, The Dalles'031840, and required
the State to furnish evidence thereof, and all other evidence required
by section 4, Circular 1398 (55 I.D. 582).
On May 7, 1945, the Register of the District Land Office at The
Dalles transmitted evidence of publication in The Bend Pilot on March 1,
89 15 and 22, 1945, and a certificate to the effect that the notice of.
publication was posted in the local office on February 20, 1945, and
remained posted until April 17, 1945• ever, it does not appear
whether or not a protest or contest was filed and the other evidence re-
quired by section 4, Circular 1398, has not been filed. It will, there-
fore, be necessary for the Register to report whether or not a protest
or contest has been filed and notify the State officer that it will be
necessary for him to furnish (1) a duly recorded deed of conveyance Of
the offered lands; (2) a certificate of the proper State officer showing
that the offered lands have not been sold or otherwise encumbered by the
state; (3) a certifidate by the Recorder of Deeds or official custodian
of the records of transfer of real estate, in the proper county, or by
an abstracter or abstract company approved by the General Land Office,
that no instrument purporting to convey or in any ways encumber ~itle
to the offered land is of record or on file in the County Recorder's
office up to and including the date of recordation of the deed of eonvey-
ance mentioned above.
In view of the foregoing, the Register at The Dalles, Oregon, will
report whether or not a protest or contest has ever been filed and notify
the State officer hereof and that, unless he furnishes the additional
evidence mentioned above, within thirty days from receipt of notice, the
application will be rejected and the case closed without further notice
from this office, The State has a right of appeal.
FORNICTORY sistant Commission.
f
-
LAND
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE •
DISTRICT LAND OFFICE
The Dalles, Oregon
may 10, 1945•
State Land Board
Salem, Oregon
Gentlemen:
We have your letter of April 30th relative to Exchange
Application 031840 and would advise that we are forwarding
the publishervs affidavit and proof or posting in this office
to the General Land Office today. In writing you on April 27,
we overlooked the fact that title evidence in this case had
already been furnished and gone forward to Washington.
As soon as the General Land Office acts in the matter
you will be promptly advised.
Yours very truly,
Register
LEWIS D. GRIFFITH
CLERK
STATE OF OREGON
IN REFERRING TO THIS COMMUNICATION
OFFICE OF THE STATE LAND BOARD • IT IS IMPORTANT THAT YOU MENTION
STATE CAPITOL
FILE No.
SALEM Application to
Exchange 031840
Bend-Redmond Highwe
April 30, 1945
EtE 4ANp OFP►C'
Eylg-rRIOT a. OREGON
-rVjE DALLE-'
19_x_
Grace Gavin Lewis,Register DATE MAY-°~`°°_._
-
U. S. Department of the Interior
The Dalles, Oregon
Dear Madam:
We are in receipt of your letter of April 27, 19452
with reference to our above numbered exchange and enclosing U.
S. Department of Interior Circular No. 1398. We note that you
have received Affidavit of Publication of the Bend Pilot and
you now request that we furnish you with additional evidence
required by Section 4 of the above circular. Enclosed find
copy of our letter dated August 17, 1944 whereby we furnished
your office with what we believed sufficient evidence to
complete our application. If such evidence as submitted is
not sufficient, kindly let us know just what is lacking and
we will produce it just as soon as possible. Also advise if
there are any further steps which this department must take
in order to consumate the application.
Yours very truly,
STATE LAND BOARD
Lewis D. Griffith, Clerk
By: C
Assistant Clerk
FCD:LJ
ENC.
ALL QUOTATIONS SUBJECT TO PRIOR SALE AND CHANGE OF PRICE WITHOUT NOTICE AND TO FINAL APPROVAL BY THE STATE LAND BOARD
LFWIS D. GRIFFITH
CLERK
STATE OF OREGON
IN REFERRING TO THIS COMMUNICATION
OFFICE OF THE STATE LAND BOARD IT IS IMPORTANT THAT YOU MENTION
STATE CAPITOL FILE No.
SALEM The Dalles 031540 "F"
August 17, 1944
Mr. W. F. Jackson, Register
U. S. Land Office
The Dalles, Oregon
Dear Mr. Jackson:
In connection with the above numbered exchange application,
we wish to file the following listed evidence which is enclosed herewith:
(1) Recorded deed dated August 2, 1944, conveying base land
to the United States Government.
(2) Certificate showing authority for execution thereof.
(3) Certificate of state officer showing no encumbrances
against S2 of Sec. 16, T 18 S, R 14 E. W. M.
(4) Certifica e o c t o Feecti s 'ng no encumbrances
against v o e t cords.
(5) Certifi.c t of if t a County showing no
unpaid t s i s .
(6) Election t c -'e t n to certain lands in
accordance h t o o of the Federal Power
Act of June 10, 1920.
(7) Abstract of title No. 15565 prepared by the Deschutes
County Title and Abstract Company, continued to August
4, 1944, showing chain of title on that portion of base
land in Sec. 2, 3, 10 and 11, T 19 S, R 14 E. W. M. ,
For your information, the base land in Sec. 16, T 18
S, R 14 E. W. M. is original school grant land whereas the balance of the
base was acquired by the state from private parties through foreclosure
proceedings.
We trust you will find these all in order and our
application for exchange will be allowed to proceed.
Very truly yours,
STATE LAND BOARD
Lewis D. Griffith, Clerk
By:
Assistant Clerk
FCD:cp
Encls.
REGISTERED
TH15 15 A COP`! OF OUR LETTER IN A MATTER IN WHICH YOU MAY RE INTERESTED WHICH IS BEING SENT YOU FOR YOUR INFORMATION
UNIT ED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Da-1-1 es., 0rTj on
April 27, 1945•
State Land Board,
Sales, .Oregon.
Gentlw-en:
Affidavit of publication of the Send Fikt in
State Exchange No. 031840 has been filed in this office.
You shoild nova file the additional evidence re-
quired by Section It of Circular 1398, a copy of which is
enclosed herewith
Very t ru?„r yours,
Register.
Ent .
r
Property of die National Archives Pacific Alaska Region (Seattle)
Reproduction copy made due to unstable original
QAmcfi @Q
LEWIS D. Gft1FFITH
CLERK
STATE OF OREGON
IN REFERRING TO THIS GOft IAU NICATION
OFFICE OF THE STATE LAND HOARD IT IS IMPORTANT THAT YOU MENTION
STATE CAPITOL FILE NO. Application to
SALEM Exchange 031840
Bend-Redmond highway
February 26, 1945
The F jot.
fttw .
OrAvu
Gentlemen
O
We have been instructed by the U. S. Land Office to proceed
with publication of p bove number and
are enclosing her. i h o , that publication
be made in accord vat s c ;dWk
1
btatemeQ,-PT i&iAg rat"bl.ank
Blank of public voucher for advertising
We ask that you proceed with said publication and adhere
strictly to instructions,, and when the publication has been
completed, furnish this office, in addition to what you furnish
the U. S. Land Office, itemized statement covering one-half of
publication coat, together with copies of publication notices
and proof thereof.
Two franked envelopes for your use are enclosed herewith..
Very truly yours,
FCD GS
En .
U.-S. District Land Office
The The Dalles, Oregon
STATE LAND BOARD
Lewis D. Griffith, Clerk
r
By
Assistant Clerk
THIS IS A COPY OF OUR LETTER IN A MATTER IN WHICH YOU MAY BE INTERESTED WHICH 15 BEING SENT YOU FOR YOUR INFORMATION
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Dalles, OreL on
February 21, 1945.
Mr. Lewis D. Griffith,,
Clerk, State Land Board,,
Salem, Orem n.
Dear Mr. Griffith:
Replying to Your letter of February 193 1945,
addressed to 11. F. tjacksorn, noy, retired, vve are z1ad. to
sty to that instructions relative to tl-a publication: of
State Zxchang 03i840MWP fomprded to your office rester-
day. ? e tnist =roll will find everything in order.
very truly yours,
Regis ter . -
LEWIS D. GRIFFITH
CLERK
STATE OF OREGON
OFFICE OF THE STATE LAND BOARD
STATE CAPITOL
SALEM
February 19, 1945
Mr. W. F. Jackson, Register
U. S. Land Office
The Dalles, Oregon
Dear Mr. Jackson.
FILE NO.
I have just received word from The Honorable Lowell
Stockman that on February 2 the General Land Office ordered pub-
lication of the State's application to exchange certain lands in
Deschutes County, known as The Dalles 031840 "F".
Will you kindly advise me if this publication is pro-
gressing and when the State may expect to receive a deed to the
land it has chosen under said application.
Very truly yours
1
State Land Boar
LDG:ASC
cc to Lowell Stockman
IN REFERRING TO THIS COMMUNICATION
IT IS IMPORTANT THAT YOU MENTION
ALL QUOTATIONS SUBJECT TO PRIOR SALE AND CHANGE OF PRICE WITHOUT NOTICE AND TO FINAL APPROVAL BY THE STATE LAND BOARD
UNITED STATES
DEPARTMENT OF THE INTERIOIR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Dal le s, 4reuo n .
February 20,. 1945.
State Land Board,
Salem, oregon.
C antler zen:
vie enclose copy. of Commissioners Recision "F"
of February 2, 195 authorizing publication im exchange
application 031840 of the State of Oregon. In addition to
this decision, publication notice, advertising order, state-
ment of advertising rates blank., blank of public voucher
for advertising and original memorandum, are enclosed. The
publication must be in the pilot of Bend, Oregon for four
consecutive weeks and at its conclusion proper proof of
publication gust be filed here. The voucher for the payment
of the publication is to be forwarded to the General. Land
office, Washington, I).C.,-in accordance with, the instructions.
Franked envelopes for your use are attached; ,one to the
Commissioner to carry the advertising voucher papers and
the othe r, to bring us the publi skier t s affidavit.
'fiery truly yours, '
Register.
Enc.
IN REPLY REFER TO:
UNITED STATES
ADDRESS ONLY.THE
COMMISSIONER OF
THE GENERAL LAND OFFICE
DEPARTMENT OF THE INTERIOR
Ot
.GENERAL LAND OFFICE
WASHINGTON 25, D. C.
- 2 I945.,~
CISION
State of Oregon
Exchange application
The Dalles 031840 'IF"
Publication authorized.
On June 9, 1942, the State of Oregon filed application, The Dalles 031540,
under Section S of the act of June 28, 1934 (45 Stat. 1269), as amended by the
act of June 26, 1936 (49 Stat. 1976) to select 635.16 acres of surveyed, vacant,
public lands, subject to selection, in exchange for 640 acres of surveyed land
the title to which appears to be in the State. .
The application is made on an equal value basis and an affidavit to the
effect that the selected lands are not occupied, claimed, improved or cultivated,
adversely to the State has been furnished. There are no protests or contests of
record and the Geological Survey has reported that the records of the Survey
indicate that the selected.lands are without value for minerals, either metal-
liferous or nonmetalliferous, or for water power or for conservation of water.
All of the lands are in Grazing District.No. 5, and the Grazing Service
has reported that the consummation of the exchange gill not interfere with the
administration of the grazing district and iii.ll be beneficial to the public
interests of both the State and the Federal Government. It also appears from
the record that there are no springs or watering places on the selected land.
Some of the selected lands are within fifty feet of the center line of the
transmission line right-of-way of the Deschutes Power and Light Company and have
been withdrawn and are only subject to selection under section 24 of the Federal
Power Act of June 10, 1920 (41 Stat. 1063), as amended by the act of August 26,
1935 (49 Stat. 846; 16 U.S.C. 818). However, the State has filed an election
to take such lands, subject to the provisions and reservations of section 24 of
the act of June 10, 1920, as amended, supra.
There are attached notices for publication, advertising orders and voucher
forms, vrhich the Register of the District Land Office at The Dalles, Oregon, will
transmit to the proper State officer with the attached copy of this decision and
advise him that the notice is to be published in the weekly issues of the Pilot
at need , Oregon for four consecutive weeks, at the expiration of which period
of publication, there must be filed in the District Land Office at The Dalles,
Oregon, proof of such publication, consisting of the affidavit of the publisher,
foreman or other employee of the papers, showing the dates of publication, and
VICTORY all other evidence required by section 4, Circular No. 1395 (55 I.D. 582)•
BUY
BUY The Register's attention is particularly called to the last three para-
.TAT6.
SAMNO ONDS graphs of the advertising order. The original order will be forwarded to
snws the State and the copy retained in the District Land Office.
Approved: F E B- 2? 9 `
i tan q-0 r.
t Secretary
Attachments (7)
C0r.y
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
Washington, 25, D.C.
State of Oregon
DECISION'
Publication authorized
Feb. 2, 1945•
Exchange application
The Dalles_031840 "F"
. On June 9, 1942, the State of Oregon filed application, The Da.lles 031840,
under Section 8 of the act of June 28, 1934 (48 Stat. 1269), as amended by the
act of June 26, 1936 (49 Stat. 1976) to select 635.16 acres of surveyed, vacant,
public lands, subject to selection, in exchange for 640 acres of surveyed land
the title to which appears to be in the State.
The application is made on an equal value basis and an affidavit to the
effect that the selected lands are not occupied, claimed, iamoroved or cultivated
adversely to the State has been furnished. There are no !protests or contests of
record and the Geological Survey has reoorted that the records of the Survey
indicate that the selected lands are without value for minerals, either metal-
liferous or nonmetalliferous, or for water power or for.conservation of water.
All of the lands are in Grazing; District No. 5, and the Grazing Service
has reported that the consumation of the exchange will not interfere with the
administration of the grazing district and will be beneficial to the public
interests of both the State and the Federal Government. It also a-Dears from
the record that there are no springs or watering places on the selected land.
Some of the selected lands are within fifty feet of the center line of the
transmission line right-of-way of the Deschutes Power and Light "%omoany and have
been withdrawn and are only subject to selection under section 24 of the Federal
Power Act of June 10, 1920 (41 Stat. 1063), as amended by the act of august 26,
1935 (49 Stat. 848. 16 U.S.C. 818). However, the State has filed an election
to take such lands, subject to the -provisions and reservations of section '21,. of
the act of June 10, 1920, as amended, suora.
There are attached notices for publication, advertising orders and voucher
forms, which the Register of the District Land Office at The Dalles, Oregon, will
transmit to the proper State officer with the attached copy of this decision and
advise him that the notice is to be published in the weekly issues of the Pilot
at Bend, Oregon for four consecutive weeks, at the expiration of which period
of publication, there must be filed in the District Land Office at The Dalles,
Oregon, proof of such publication, consisting of the affidavit of the publisher,
forman or other employee of the papers, showing the dates of publication, and
all other evidence required by section 4, Circular No. 1398 (55 Z•D• 582)•
The Register's attention is particularly called to the last three para-
graphs of the advertising order. The original order will be f orGiarded to
the State and the copy retained in the District Land Office.
Approved: Feb. 2, 1946•
Sgd. Oscar L. Chapman
Assistant Secretary.
Sgd. Joel.DuV &lfsohn
hss~s. an o,;unissioner.
Document Reproduces Poorly
(Archived)
f
Ii irAH AT OF ~!Y "a1il: Ya pRp Gomm! Land Office, whIrjIAa# D4' C.
1945
. Notiae Is t by given that Jam
190
94211, the State of Oregon Mad timeThe Da3les 031MS under
aecti 8 of the 3WIs orazire Act of Jww 28 . 3=7,(48 St,, 1269) as
axwded bv, the a4t of AAna 26 1,936 9 Staff. sect the la m. .
12 ~ * 132 r~.x 3s WX~~
SI see. As T. 16 S" a. 3~ B*x lett 3g simtv sec* 3# T. 17 2 Los
mg;; a s; r € # 6_;. lE i.aa `re. 32# T. 15 .i i # . E.# lot I# • 7*
165, R. 33 E, # ecntarw 1+ ,3. ~ of pUbUo 3 :}1 "Cheap t for
'3l see . Sid 15- V#. .?L♦ 3 J, R.l i mss. ~ry
am, ,
sip, Y 2
*U 16;.9. ~tIA e. 16# T. 1 w5,# R.
3.4 Stated ;mod. TUs action is for the pmTaw of nUaw1n at3, parzow
c3almirf, the aeUcted: 3 d or " .ng bs ric b ctl= to such p ear
ti , ar. ap rtwity to f their pr sta or bmr jecti=s ho
Dint iet Lmd =Ue at Me 1 alas Oregon* or In t t eal I=d Ofticav
to tth r with a ct U NA a cogy of swh_ protest or objection Me been
named apses the States VeLt in t date: of the first p -
.30istantlr.
3t# cam + this not.cs. (50~ .081 2 f"
First pubucation
UNITED STATES
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Dalles, Oregon
MaY 79 1945•
Serial No.. 031840
Claimant: State of Oregon.
Replying to letter " K "
Dated: February 2, 1945•
Proof of service transmitted.
The Commissioner,
General Land Office.
Sir:
Transmitted herewith is proof of service of the above-mentioned
letter. The time allowed thereunder has expired.
Report is made that the party in interest has made response
thereto. Enclosures are enumerated below.
Very truly yours,
Register.
Enclosures:
Affidavit of Publication, The Bend Pilot.
Certificate of Posting.
(If additional evidence, appeal or showing made, so state and transmit papers; if registered letter returned unclaimed, transmit
same herewith.)
4-076
November 1939 oro 16-12S65
IN REPLY REFER TOr
State of Oregon
UNITED STATES
ADDRESS ONLY THE
COMMISSIONER OF
THE GENERAL LAND OFFICE
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE i3!R?c r` r
WASHINGTON, 25, D. C. 4 4
NOV 11 1944
DECISION
Exchange application
The Dalles 031840 "F"
Amendment of abstractor's certificate required.
The State of Oregon filed application, The Dalles 031840, under
section 8 of the act of June 28, 1934 (48 Stat. 1269), as amended,
to select the Nff-i0 sec. 12, VV~SWa sec. 13, NE4NTE4, SE4NE4f SW4SE4.
sec. 23, NE4NE4f NW144SE4i SE4SW4 sec. 34, T. 16 S., R. 12 E., lot 3,
S2-NW-_ sec. 3, T. 17 S., R. 12 .E., S TISE4 sec. 29, SMT-41-NW4i NNT4_9K4 sec.
32., T. 15 S., R. 13 E., lot 1 sec. 7, T. 16 S., R. 13 E., in exchange
for 'the,, S'Sw-k sec. 2, SE4SE4 sec. 3, N2 2 sec. 10, NNT4NW4 sec. 11,
T. 19 S\
R. 14 E., S sec. 16, T. 18 S., R. 14 E.
By decision dated July 10, 1944, the State was required to furnish
evidence of ownership of the lands in T. 19 S., R. 14 E., and in
response an abstract of title prepared by the Deschutes County Title
and Abstract Company has been filed. The abstract is satisfactory, ex-
cept that the abstractor's certificate does not show that-the abstract
was made for the use and benefit of the United States. The abstract of
title and three copies of the Solicitor's final opinion of September 28,
1944, M. 33770, are attached. It will; therefore, be necessary for the
State officer to get the certificate amended as indicated and then re-
file the abstract in the local office for transmission to this office.
The Register of the District Land Office will notify the 'State
officer hereof, and that, unless he complies herewith, within thirty
days from receipt of notice, the application will be rejected as to
the lands selected in. lieu of the base lands in T. 19 S., R. 14 E.,
without further notice. The State has a right of appeal.
LA istant Commissioner.
Attachments 4.
VICTORY
BUY
UNITED
ETATEE
SAYING.
ONDS
AND
STAMPS
/1- YY
UNITED STATES
DEPARTMENT OF THE INTERIOR.
* 33770' OFFICE OF THE SOLICITOR
WASHINGTON 25, D. C. SEP 14
u .
bas bewak% o t tit 449 ralatitV, t* T$YlGr QM%iA9 ft0=V*x ' '
tbU. land bw bow -od ia. "Ot r f'*r 2,64-4 qara lw,* atbari '
► tI TVA OrASUS t eaI? JW, Z* 19% ( -&t&t. 1269$ IMAF 43 q-
$4080 3, 3a► as *=Mod by the act of J -p 191 (4 Att. MIS; 43
The U Lo doamribad In tbw ntarftd VV&MWkY 40W duty Abet
1944, frem the %at* of e t7 the ata Land B*ar to the % t t
of "Agarj d r"arded ="I land. ratords Of iAMlftt*4 t k in gook
65 of D emus .
. The *Utr># get. LU# preparod bj Vos0at I~ouaty Title 444 AbSt *t
*W,%q to s ue &tili 4UW Va-W UtIlt *t t UML Stst+
subj t to t ds"t of t 4bstr a ri 1*46 tO shm thtt It
t for i-* wiv and bwwr t of t1w att. t-st
a4vtraet and rtUted t . are ret- um .
or t, "No solicitor
Rjuf
Document 7, , - educes Po*
(Archived)
//-//-FV
UNITED STATES
DEPARTMENT OF THE INTERIOR
~i
GENERAL LAND OFFICE
DISTRICT LAND OFFICE
The Dallas, Oregon
L°eoember 2i 1944
Serial No. 031840
Claimant: State of OregDn
Replying to letter " F "
Dated: November 11, 1944
Proof of service transmitted.
The Commissioner,
General Land Office.
Sir:
Transmitted herewith is proof of service of the above-mentioned
letter. The time allowed thereunder has expired.
Report is made that the party in interest has made response
thereto. Enclosures are enumerated below.
Very truly yours,
i
~ctin Register.
Enclosures:
Registry receipt card. Abstar+aot of Title No. 111 as
corrected.
cc: Lewis D. Griffith, Clerk
Mate Lana Board
State of Oregon
Salem, Oregon
(If additional evidence, appeal or showing made, so state and transmit papers ; if registered letter returned unclaimed, transmit
same herewith.)
4-076
November 1939 cro 18-12885
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/ - - s ,tt+c, Industrial Lantls .e > rg' ~r `~S`~~i
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II ~ m
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a s F v n r
Legend
Juniper Ridge In enel Lends Pbew2
Subje T Property 1412-3400-00100
Counly Zoning
EFU -AgtlL Submne
EFU . Tumelo / Redmond / Bend Submne
FP - Flood Pbin
MUA10 - Multi-Uw Agnou11-1
OS&C .Open Spew & Coneervebon
RC - Runl Commendel
RI -Runt Mdue W
A-09-02 LR-08-11
Applicant: Central Oregon Irrigation District e
Owner: State-of-Oregon Parks & Recreation
Taxlot: 16-12-34-00-00700
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