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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 11[1111111111111111111111111 111 -1238 Do not remove this page from original document. Deschutes County Clerk Certificate Page L C If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244- Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page 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) 4-9t nn nl, Tm:-m L O if U O CL = ~_0 c 0 F B e 0 0 a (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 l et' , f y 9, u urnea er l o aee • as i L corm o ea r ' 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 i]~ U.li. ctiC i. lP~~.I~~ .lr.. 0.c01r t r Ve V,:) a ( )t t) 1tiGilTi tJ C.cZt~:7 ~ ~ ',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&gt# 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 I r E k F - Y A - 3~ 4` > y 4 a Y { :141 i'..a '~a'a . •c < a F .a4a:" T ry -i .7-s.C >t' -i alp' G rldy {(sT, Y / - 3`tFt F~ ~Q , ~ / - - s ,tt+c, Industrial Lantls .e > rg' ~r `~S`~~i --1 ` y2,i! Y s .~,JPhase `2. t_r hsa .'+rvt v4i i"~ ~_;_3~~° x rt y r o G « ` r II ~ m a ~ a e 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 ® OAGen wn tent Reproduces Poorly.--- (Archived) e. y I 1 ,t •.'i. 18822.2 AC. R CENtRAL OREGON US HWY 97 - BEND TO REDMOND PUBLIC LAND OWNERSHIP CITY (BEND) STATE OF OR. ` ADJACENT TO/ DIVIDED BY HIGHWAY CITY (REDMD) I` J USA DES. CO. LAND UNDER STATE 0 1,500 3,000 Feet HIGHWAYS EXCLUDED Ixx1(jA1~oN'Dls'rxu;r MAP DATE:APRIL 2009 ®~a I3- y r~ o a 0 750 1,500 3,000 Feet MAP DATE' APRIL 2003 l,CIN 1 KAL vttn"u!v US HWY 97 - BEND TO REDMOND r PUBLIC LAND OWNERSHIP = CITY (BEND) STATE OF OR. " ADJACENT TO/ DIVIDED BY HIGHWAY = CITY (REDMD) USA O O 0- (0 O O > N V V i` i 1 '36.9 A SlA $ ~ I I i - t_ L -L 1 I CITY OF BEND t T :ENTR L OREGON US HWY 97 - BEND TO REDMOND PUBLIC LAND OWNERSHIP CITY (BEND) STATE OF OR. ADJACENT TO/ DIVIDED BY HIGHWAY CITY (REDMD) USA _ wE DES. CO. - LAND UNDER STATE 0 750 1,500 3,000 Feet HIGHWAYS EXCLUDED IRIGATI N DISTRICT MAP DATE: APRIL 2009 a O 0 79 2 -'a (D E -l j z ( fi % 1- f t -1 I L I , i' I -c . -L_ ~ 19912.2 AC. rf~l- ~ 36.7 A0. J+ ~ I /F T° 479.6 AC. - OREGON US HWY 97 - BEND TO REDMOND PUBLIC LAND OWNERSHIP -CITY (BEND) ®STATE OF OR. ADJACENT TO/ DIVIDED BY HIGHWAY ® CITY (REDMD) USA DES. CO. - LAND UNDER STATE DISTRICT MAP DATE: APRIL 2009 0 750 1,500 3,000 Feet HIGHWAYS EXCLUDED