2012-1774-Minutes for Meeting August 20,2012 Recorded 9/4/2012DESCHUTES COUNTY OFFICIAL RECORDS 20~2~~~14
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 0910412012 08;41;11 AM
111111111II IIIIIIIIII VIII I III
2012-17 4
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
l
C
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
MONDAY, AUGUST 20, 2012
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Commissioner Anthony DeBone and Alan Unger; Commissioner Tammy Baney
was out of the office. Also present were Chris Doty, Road Department; Peter
Gutowsky, Community Development; County Counsel Laurie Craghead by
conference call; and eight other citizens.
Chair DeBone opened the meeting at 10:01 a.m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Citizen William Kuhn provided a letter from Patricia Gainsforth, a Realtor and
friend. He has had issues with his neighbors for twenty-three years relating to
deed restrictions; and the restrictions for another development created about the
same time. The difference has been enforcement. (He provided copies for the
record.) He has attempted numerous times to get the neighbors to comply with
what he believes is required.
He criticized former Commissioner Luke and County Counsel Laurie Craghead
for what he considers them giving inaccurate and false statements. He is now
filing a Code violation against the Dowell's relating to the septic field location.
He feels this field goes onto the jointly owned property. He will drop this if
they sign an agreement before the end of October. He objected strongly to Ms.
Craghead representing the County on any of the issues surrounding this
situation.
Minutes of Board of Commissioners' Business Meeting Monday, August 20, 2012
Page 1 of 5
3. Before the Board was Consideration of Signature of Resolution No. 2012-
103, Establishing the Required Elections of National Forest Related Safety
Net Payments per Secure Rural Schools and Reauthorization for Federal
Fiscal Year 2012.
Chris Doty gave an overview of the item, and advised that there will be one
more Safety Net payment made this coming year. He explained the allocations
and where they must be utilized. The Resolution sets the amounts of the
allocations, with 15% of Title 11 and 11 combined and 7% for Title III, as has
been followed in the past. The federal fiscal year starts in September.
UNGER: Move signature.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
4. Before the Board was Consideration of Second Reading by Title Only, and
Adoption of Ordinance No. 2012-005, Amending the Comprehensive Plan
Transportation Systems Plan, and Repealing Code Chapters 23.60 and 23.64.
Peter Gutowsky came before the Board to answer questions, if any.
UNGER: Move second reading by title only.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
Chair DeBone conducted the second reading.
UNGER: Move adoption of Ordinance No. 2012-005.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
5. Before the Board was a Public Hearing and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2012-
011, Repealing Ordinance No. 2010-008 regarding the La Pine Urban
Growth Boundary.
Minutes of Board of Commissioners' Business Meeting Monday, August 20, 2012
Page 2 of 5
Since this is a legislative issue, Mr. Gutowsky read the opening statement prior
to the hearing being opened.
In regard to conflicts of interest, the Commissioners claimed none, and no
challenges were offered.
Mr. Gutowsky entered the case file into the record, and said that there are
several people in the audience interested in this issue. He then gave an
overview of the Ordinances and the work that has been done the past few years.
The City of La Pine has worked well with the LCDC and made a lot of
progress. The new Ordinance recognizes an urban growth boundary as
proposed in 2010, and provides updates to the urbanization portion of the
County Comprehensive Plan.
Commissioner DeBone clarified that this is the justification of original
boundaries. Mr. Gutowsky said some clarification was needed to make the
proper updates, and this justification has been completed. The work done by
the City is being referenced in the Ordinances.
At this time, Laurie Craghead called in via conference call. Chair DeBone
opened the hearing for both Ordinances at this time, and included the testimony
of staff into the hearings.
Debra McMahon, representing La Pine, and Karen Swirsky of the DLCD
explained that this is basically the same as 2010, but the change came about
when LCDC got the information and wanted to know why the urban growth
boundary was set where it was. The history and desires of the community were
discussed.
The variety of tasks included the UGB, either to shrink it or apply for
exceptions. They chose to go for the exceptions. They believe with the goal
exception and historical patterns, and the importance of the relationship of the
UUC and UGB, it would work. They look towards complete communities and
continuity. They created three neighborhoods within the City of La Pine.
The other tasks were to add to Goals 5 and 7, and policies to the urbanization
and transportation chapters. The TSP process is underway and should be done
within 15 months. The result was that all were completed, DLCD reviewed and
it was acceptable.
Chair DeBone said he has watched this go on over time and it has been a great
process.
Minutes of Board of Commissioners' Business Meeting Monday, August 20, 2012
Page 3 of 5
Ms. Swirsky said that every new city has its own set of unique circumstances.
They had to initiate a process to handle this. She feels it has been successful.
They will plan to take the package to DLCD in September and she is optimistic
about the result.
Commissioner Unger said that an urban growth boundary historically represents
the twenty-year plan. There should be capital improvement lists to determine
how to fund those. He asked how the City will control the project list and how
the SDC's will fund those projects.
Ms. McMahon said the City absorbed operations of the water and sewer
treatment systems. The difference between the UUC and UGB line has to do
with housing. (She referred to an oversized map of the area)
Chair DeBone asked if two Commissioners could read and adopt by emergency,
and Erik Kropp said he believed they could.
Mayor Ken Mulenex said they put a great deal of work and effort into this
project. It is a long process and they were able to show how the area connects
the community. They see a lot of promise and growth within the boundaries.
The newly attained BLM land is exactly what they required so they can speak
to what the community needs in the future. They are hopeful that LCDC will
see this as a good plan that speaks to State requirements.
City Manager Steve Hasson said that this was a real challenge, following a rural
settlement pattern that has gone on for 100 years. There was no comprehension
of having a community until recent years. The challenge for the City was to
make sure it has appropriate boundaries. The sewer and water programs are
now handled by the City. They now have a basis to pull the city all together.
UNGER: Move first and second readings by title only of Ordinance No.
2012-011.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
Chair DeBone did the first and second readings of Ordinance No. 2012-011.
UNGER: Move adoption of Ordinance No. 2012-011.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, August 20, 2012
Page 4 of 5
6. Before the Board was a Public Hearing and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2012-
012, Establishing the City of La Pine Urban Growth Boundary.
UNGER: Move first and second readings by title only of Ordinance No.
2012-012.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Chair votes yes.
Chair DeBone did the first and second readings of Ordinance No. 2012-012.
UNGER: Move adoption of Ordinance No. 2012-012.
DEBONE: Second.
VOTE: UNGER
DEBONE
Yes.
Chair votes yes.
7. ADDITIONS TO THE AGENDA
None were offered, so the meeting was adjourned at 10:45 a.m.
DATED this O Day of 2012 for the
Deschutes County Board of Commissioner r
Anthony DeBone, Chair
a Alan Unger, Vice Chair
ATTEST:
6-&-
Recording Secretary
-per.C 4--. V. ej
Tammy Baney, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, August 20, 2012
Page 5 of 5 .
Name l 1 Co. Address
Phone #s
E-mail address
El In Favor NeutraWndecided Opposed
Submitting written documents as part of testimony? X'Yes E] No
o { BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest L~o, P. Date
Name I_, (I -P iw~ r-~ / /
Address
Phone #s
E-mail address
x In Favor ❑ Neutral/Undecided
❑ Opposed
Submitting written documents as part of testimony? Yes ❑ No
v { BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest G Date 12-
Name ,~~a 6 f - l r j~ c
Address
Phone #s'~/~ l
Gt
E-mail address
❑ In Favor ❑ Neutral/Undecided
❑ Opposed
Submitting written documents as part of testimony? ❑ Yes No /[:~j
August 10, 2012
To the Board of County Commissioners
Deschutes County Service Center
1300 NW Wall Street, 2nd Floor
Bend, Oregon 97701
Dear Deschutes County Commission,
William and Leigh Kuhn have asked me for my observations on how
the county has dealt with the Kuhn's property situation over time from
my perspective as a real estate agent and friend.
I'm quite familiar with the property they bought in 1987, both before
they purchased and afterword. I've hiked and ridden my horse over
that entire area since 1970. I know what the original intent was for
that land. I was a member of the original group discussing what
became the Tumalo Winter Deer Range study area.
The Bartons (John Barton sold William and Leigh their parcel) had a
vision and worked with ODF&W to reduce the human impact on the
wildlife habitat. The Kuhns were aware of this history when they
purchased. They honored both the letter and the intent of the Winter
Deer Range in all stages of their building and land use process.
The difficulties began when Jeff and Pat Dowell purchased into the
cluster.
I sat through and spoke at several hearings and witnessed the
contortions the county made on behalf of the Dowells. What the Kuhns
have gone through to preserve and protect their deed restrictions, the
county ordinances, the state statutes in Senate Bill 100, and the
wildlife use of their land, was demeaning, unbalanced, and
overreaching.
The cost to the Kuhns in real dollars, their time, their health and well-
being has been unconscionable.
The issue for the county to address is that the enforceability of
building lines on plat maps appears to be jeopardized by the ruling of
the Board of County Commissioners reversal of the decision of a
Hearings Officer's ruling (A-07-9 and A-09-4) on the Dowell building
line.
The County's decisions appear to be punishing the Kuhns,
unreasonable, slanted, and dishonoring of the intent for wildlife
corridor preservation.
Sincerely,
Patricia Gainsforth
cc: William & Leigh Kuhn
t
ebuary 8, 1376
Document Reproduces Poorly i
(Archived)
We the undersigned independent individuals are in
agreement and do endorse the followihG thoughts concerning,
land pwcels #14, #11, r, 9, #17 'klocated on the east boundary
of the Tumalo. Winter- Deer Range), which we acquired from
the county at the land auction hel(I r ebu.ary 6, 1976 at
the County Court House:
We shall respect as paramount the intention for which
tue Wlnt.er Rare Area was des1,6ned and the ri;Lbts of the
animals, therein to remain undisturbed..
,r;r,ecif~cally,
A.) the further aoqui..sItion of dots or almilar sets
by any one of us wJ11 not take place, and tk:ose
wtiai are presently household pets and are likely to
he introduced on to one or wore of the parcels afore-
mentioned wi,11 be restrained from harassing the wild-
life in the area in any way.
We are seriously and conscientiously concerned
about the welfare of the wildlife'a sanctuary in
jeopardy, and thla policy of dog control Is an example
of self--imposed restrlctions and personal responsibility
we are willing to assume.
B,) at no t.i.me wi11 any of us use "off-the-road" or
"recreational vehIcle.a" such as motorcycles, four-
wheel drives, or anowmobiles in this area. We shall
absolutly respect the Winter Range road closures.
G.) we feel we are located stratigical2y in order
t.o i. ure the sanctuary of the wildlife in the Tumalo
Deer Rage from. baraasment by those who disregard
its road c.losurea alai boundaries, by trespassing in
vehicles.
Often as not,, when vi.sLbrLg one or more of the
parcels -in question we have observed in person blatant
trespassing on to the Winter Range. It is obvious
to anyone k29_hi.n43 to blaze down the network of back-
roads in the area that there Is little chance they will
be apprehended for breaking the law in this respect
due to the difficulty of official policing of the
vast Winter Range. But, with our presence a great
deal of this abuse will be observed and effectively
reported, hopefully curtailLng this sort of thi.n3.
Thus, our presence at the boundary of the Winter Range
mi6ht in fact £urtlier the welfare of the wildlife
and the purpose of the winter sanctuary and aid the
efforts of both government and private conservationists.
Perhaps we also could aid in any monitoring of Y - l.
life in terms of numbers, etc., by Xeep care,
J,
isle .seek without reservation the advice and council of
ecologIsts and conservationist concerning the welfare of
the animals on the Tumalo {inter Range and the bearinG our
Dresence might have on them. it is possible, we feed., to
so order ones habitat in such a &anner that it will harmonize,
not further jeopardize or intensify the Vresi;ure on the wild-
life in ore6on.
We have absolutell no intention of "sub-dividlrg" these
parcels.
we are,
e
rare el #3_4
l arc el #11
earoel #9'
j
John E. Barton
Star Route,.Box 41
Cloverdale, Ore. 97113
Parcel #17
1
00
~,1 f S""'6
Thompson J. Barton
Nanette I. Barton
La Box 623
Camp eherman, ore. 97730
David J. Seel j e
Greg Steckler
5haror1 Steckler
1948 N.W. Viest Hill
Bend, ore. 97701
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VOL 336PAGE 332
DECLARATION OF RESTRICTIVE COVENANTS
Gregory L. Steckler and Sharon M. Steckler, hereinafter
refered to as declarants.
To the Public,
Declaration of Restrictions on the following described real
property:
as described in exhibit "A" attached hereto and by
this reference incorporated herein.
..The Restrictions and Covenants hereinafter set out are co
xun with the land and shall be banding upon and inure to the
be;taefit of all parties and all persons owning any portion of
the: above described real property.
if the owners of such real property or any of them, or their
heirs, successors or assigns, shall violate any of the coven-
hereinafter set out, it shall be lawful for any other
party owning property situate within the above described real
estate to prosecute any proceedings at law or in equity against
the person or persons violating any of such covenants, and
either to prevent him from so doing or to recover damages
for such violation, or both.
invalidation of any of.any of these covenants by judgment or
court order shall in no wise affect any of the other provisions,
which shall remain in full force and affect.
These Restrictions and Covenants are created simultaneously
with the transfer of a portion of the real property described
above to Robert H. Turner who has notice of the existence
thereof. The following Covenants and Restrictions are hereby
06CHLITE5 COUNTY TITLE CO,
P. O. BOX 323
BEND, OREGON 97701
~J
made relating to the use of the burdened land: VOL 336?A6E 333
See exhibit "B" attached hereto and by this refernece
incorporated herein.
IN WITNESS WHEREOF Gregory L. Steckler and Sharon M. Steckler
'do hereby execute these presents this day of ,
19.
G gory Steckler
~S)IaA4VI222, 5kc
Sharon M. Steckler
i
EXHIBIT "B"
RESTRICTIONS ON LAND USE TO BE A PART OF LAND SALE CONTRACT
S~
von 336~A~E 335,
.
1. Owners of family members may not acquire additional dogs other than the
s
dog(s) they may own when they purchase the property. All dogs must be
kept in such a way, that they do not run loose in the area.
2... Owners or guests 'may not operate "dir'.. bikes" on the property.
3. All telephone and electric lines installed existing utility poles
shall be underground.
4.:. An fencing shall be of wood. Posits may be of wood or stone. No barbed
wire or straight wire may be used for fencing.
Owners or guests may not take "target practice" with rifle ok handgun
on property.
.G. This contract carries with it the strongest encouragement to demonstrate
Iii sensitivity to living within the boundarys of the Tumalo Winter Deer Range,
and urges the owners to adjust their life style accordingly.
Gregory L. and Sharon M. Steckler
16 - 11 - 7 Tax lot # 1415
EXHIBIT "A"
VOL 336PdGE 3J4
That portion of the Northwest quarter of the Southwest quarter lying East
of the County Road right-of-way and the Northeast quarter of the Southwest
quarter both in Section 7, Township 16 South, Range 11 East of the Willamette
Meridian, Deschutes County, Oregon. Reserving a 60 foot road right-of-
way to the Northwest quarter of the Southeast quarter of Section 7, Township
16 Souty, Range 11 East of the Willamette Meridian, Deschutes County, Oregon.
VOL 336PAGE 336
STATE OF OREGON )
County of Marion ) Februar 10 , 19 81
Personally appeared the abov ed Gre or L. Steckler
~~a t „*gknowledged the foreg ng t be is ear vo act an
. +4 4
f. ~Q^r ARY PUBLIC for Oregon
i
r'•- i , My Commission Expires August_ 23, 1983
'-StA- Tt 'IOF OREGON )
County of Marion ) February 10 , 19 81
Personally appeared
a 4 ;acknowledged the
r~rAf7~
AIA', .
I
ry~p• _STATE Off.-'OREGON
the above- d Sharon M. Steckler
foregoiy((9 to be EWFier yio lun~ary~
OTARY PUBLIC for Oregon
My Commission Expires August 23, 1983
County of
)
ss.
19
Personally appeared the above named
and acknowledged the foregoing to be rs er voluntary act an
deed.
NOTARY PUBLIC for Oregon
My Commission Expires
STATE OF OREGON
County of
)
ss.
)
19
Personally appeared the above named
and acknowledged the foregoing to'be is er voluntary act an
deed.
NOTARY PUBLIC for Oregon
My Commission Expires
C)
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148 - 1792
87-14178 LAND USE RESTRICTIONS
JOHN E. BARTON MARK l3URCHETT, b ng the owner's of property
more prrticularly described in Exhibit A attached hereto. hereby
declare said property to be subject to the following Conditions,
Covenants and Restrictions.
1. Owners or family members may not acquire additional dogs other
than the dog(s) they rway own when they purchase the property.
All dogs must be kept in such a way that they do not run loose
in the area. Dogs allowed to "run" will disrupt deer habitat.
2. Owners or family members may not operate "dirt bikes" on the
property.
3. All telephone and electric lines must be underground.
4. All fencing must be wood. Top rail may not be higher than 42":
bottom rail may not be lower than 18". No barbed wire or straight
wire may be used for fencing.
5. Otiners or family members may not take "target" practice with
rifle or handgun on property.
6. This contract carries with it the sr_,angest encouragement to
demonstrate sensitivity to living within the boundaries of the
Tumalo Hinter Deer Range, and urges the owners to adjust their
life style accordingly.
Dated this ;;~~(Jay of 1, 1987.
o 1. Barton urEhett
STATE OF OREGC'i, COUNTY--OF DESCHUTES )ss..
The foregoing instrument was acknowledged before me this VO day
of~ 1987 by JOHN E. BARTON.
° U C tic My Corm ssion Expire G• 99
iWf_ OF OREGON, COUNTY OF DESCHUTES )ss.
The foregoing insirLment was acknowledged before me this ?r. day
1041
~.~r. t: 1987 by 14ARK OURC!IETT,
X r~ or`(freTjun
~ 1 . r o ary
rAv .ennlmission Expires:
_&C-D n S CO P,4 -
To►s rs JFt.4r J69
Falb a+)rr#
Yr:irrn
low
1~8 X743
(1~8 J"T ~3
EXHIBIT A
A parcel of land located in the Northeast Quarter M 114 ) of Section Nineteen
(19), TOWNSHIP SIXTEEN (16) SOUTH, RANGE ELEVEN (11), EAST OF THE WILLAMETTE
MERIDIAN, Deschutes County, Oregon, which is described as follows:
Commencing at the Northeast corner of raid Section 19; thence South 53.26103"
West 329.52 feet to the TRUE POINT OF BEGINNING; thence on a L53.80 foot
radius curve right 77.43 feet, the long chord of which bears South 29'07156"
West )6.62 feet; thence South 43'331171"gest 1L7.24 feet; thence on a 194.18
foot radius curve right 170.54 feet, the long chard of which bears South
68*42155" West 165.11 feet; thence North 86'07127" West 68.83 feet; thence on
a 138.01 foot radius curve left 225.84 feet, the long chord of which bears
south 46'59158" Wear 201.48 feet; thence South 0007123" West 58.72 feet;
thence North 89'11'47" West 325.26 feet; thence North 00'48113" East 210.11
feet; thence North 61'42130" East 411.30 feet; thence South 89'11'47" Fast
448.24 feet to the TRUE POINT OF BEGINNING. •
~n
A parcel of land located in the Northeast Quarter (NE 1/4 ) of Section 19,
TOWNSHIP SIXTEEN (16) SOUTH, RANGE ELEVEN (11) EAST OF THE: WILLAMETTE
MERIDIAN, Deschutes County. Oregon which is described sa follows:
Commel,cing at the Northeast corner of said Section 19; thence South S4'27'37"
West 962,37 feet to the TRUE POINT OF BEGINNING; thence South 00607'23" West
58.72 feet; thence on a 1038.31 fact radius curve left 394.79 feet, the long
chord of which boars South 10'46110" East 391. ' feet; thence South 21'39'44"
East 117.19 feet; thence on a 590.80 foot radius curve.rS.ght.170.76.feet; the
long chord of which bears South 13°22'54" East 170.17 feet; thence North
89610104" West 1405.83 feet; thence North 00'40.'19" East 1325.84 feet; thence
South 89"11'47" East 779.00 fret; thence South 00'48'13" West :j0..00 feet;
thence South 899lL'47" East 499.11 feet; thence South 61'42'30" West 411.30
feet; thence South 00.481131' West 210.11 feet; thence South 89'11'47" East
325.26 feet to the TRUE POINT OF BEGINNING.
" A parcel of land located in Section 19, Township 16 South, Range ll East of
the Willamette Meridian, Deschutes County. Oregon. which Is described as
follows:
Beginning.at the Northeast corner of said Section 19, thence North 89' 11' 47"
West 306.60 feet to the Westerly-right of way line of Stsemore County Road and
the TRUE POINT OF BEGINNING; thence along said right of way line South 23. 56'
02" East 66.67 feet; thence along said right of way line on a 233 88 foot
radius curve right 114.47 feet, the long chord of which bears South 09' 54'
46" East 113.33 feet; thence along said right of way line on a 153.80 foot
radius curve right 28.46 feetq the long zhord of which bears South 09' 24' 32"
West 28.42 fret; thence North 89' 111 47" West 946.35 feat; thence North 00'
48' 13" East 200.00 feet; thence.South 89' 11' 47" Fast 901..63 .feet to the
TRUE POINT OF REC1NNING.
SIATL or ORLGON ) SS.
COUNTY OF VISCNUTIS )
1. MARY SUI PINHO110YV, COUNTY Ct(RII AND
RK010412 Of CON01ANCIS, IN AND FOR SAID
COU?III1 00 111*07 CIR1111 THAT THI WITHIN
IHSTRUME NI WAS RKORO(D THIS BAT:
07 JUI. 22 111119, 37
Dimly
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87-14M4
o11CHUYII 0071 OF(ICIAt RICOROS
L http://recordings.deschutes.org/Detail.asp?INSTRUMENT_ID=133399
APschutes County Clerks Office
fry1V8CO,4ing, System Web Query
1300 NW Wall St.Sulta 200, • Bend, 01-9- 97701 a P.s41.368.6549 • F:541.383.4424 Loa O~[
Document Details L Baek k~' Fo,-d 11 T
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DOCL~W-N-r
1999-024952
DOCLIEENT T17E:
D - DEED
DOC SURT17E:
CO' Contract Records
RFcoxDIN'0 DATE!
9 38 1989 232.00 PM
RECORDLMC FEES:
9001( d'. PAGE:
193-15
CoxsEDERArION:
S42,690
DESCxD'710N:
D-C 1 -Contract of Sale
ESDE ED:
Yes
I'Mul D:
Yes
ARCIM'E DATA:
View Additional Information
IILLGE:
View- DocumentImage as TIF
Vim Doc=ent Image as PDF
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TA3ILOT PLRCEL I LEGAL DESCRIPTlO t 16 11 19 819 Tld RlrSt
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http //recordings.deschutes.org/ArchiveData.asp?INST_ID=133399
sChu# Cou't:y Clerks Office
'fignr~ing, Syskrem Web Query
1300 NW Wall at.. Swro 200, a 6-1, 0,.gcn 97701 . P:541.388.65A9 r F:541-383.44$4
C,1Docslprop655751DOwelllpdt1896928 DesCoC7edcsRmcords 193-75 1989.024452.doo page1 12118/2666 9-17-47AM
89--24952 19 3 + 0 0 7 5
Contract - Deed
This agreement made and entered into this 3rd day of August 1989, by and between MARS
B'JRCHET'T, hereinafter "seller" and JE" DELL and PATTI DOWELL, hereinafter "purchaser",
witnesseth that:
(T-) "Seller" Hereby agrees to sell to "Purchaser" and "purchaser" agrees to purchase and
pay for certain real property located in Deschutes County, Oregon and more particularly
described as follows, to wit: parcel of land located in the North 1/2 of Section 19,
T.16 S . , R. 11 E . , W.M. D schut 4 Cou"X. on w 1 _ftpp abed as fcllgws:
`aAl;la :e.SCrl es a ma or portion o the Parcel. j
Commencing at the Northeast corner of said Section 19; thence N 89°11'47"' W 1208.231;
thence S 00°48'13" w 200.00 feet to the TRUE POINT OF BEGINNING, thence S 89°11'47"
E 946.35' to the Westerly right-of-way line of the Sisemore County Road; thence along said
right of way line on a 153.80' radius curve right 77.431, the long chord of which bears
S 29°07'55" W 76.62'; thence along said right of way line S 43°33'17" 117.24'; thence
along said right of way line on a 194.181 radius curve right 81.011, the long chord of
which bears S 55°30'22" :V 80.421; thence N 89°11 47" W 826.061; thence N 00°48'13" E
200.001; thence S 89°11147" E 61.29: to the TRUE POINT OF BEGIM.ING'containing 34.5 acres
more or less: _hv,e is no mention of only 1/2 interest in what iN
(2) A parcel of land located in Section 19, T.16 S., R.11 E., W.M.,Deschutes Co~inty,
Oregon and described as follows:
Beginning at the Northeast corner of said Section 19; thence N 89°11'470 W 306.60 feet to
the Westerly right- of-way line of Sisemore County Road and the true point of beginning;
thence along said right-of-way line S 23°56'02" E, 66.67 feet; thence along said right-of-
way line on a 233. 88 foot radius curve T ight 114.47 feet, the long chord of which bear,
S 09054146" E, 113. 33 feet; thence along said r ight•-of -way line on a 153.80 foot
radius curve right 28.46 feet; the long chord of which bears S 09°24132" W 28.42 feet;
thence N 89°11'47" W, 946. 35 feet; thence N 00°48'13" E, 200. 00 feet; thence
S 89°11147" R, 901.63 feet to the TRUE POINT of BEGINNING, containing 4.3 acres more or
less net. i-z for 2 parcels Z 34.5 acres more or less, AND (12) 4.
II. The total purchase price of forty-two thousand dollars ($42,000) is to be paid by
"purchaser" to "seller" in a manner more particularly described as follows: (1)
"Purchaser" pays twenty-five thousand dollars ($25,000) upon acceptance of this
agreement, (2) "Purchaser" pay:; remaining balance seventeen thousand dollars ($17,000)
over 15 years at a fixed interest rate of 9.5% with option to recalculate mortgage
whenever a lump sum payment of five thousand dollars ($5,000) or more is made. There are
no penalties for paying off mortgage early and early payment is encouraged by both
parties. 'ti ifs, r,mcn of the $42,000 is for the 4.3 acres? How much for )-n? ' -34t 1
III. Conveyence of the real property by ,.seller" to the "purchaser" shall be m6J.e by
warranty deed conveying marketable title in and to the rubject property subject to all
easements and incumbrances of record upon final payment of subject property.
Iv. "Purchaser" shall be entitled to possession of said property upon acceptance of
this agreement.
V. All ad valorem real property taxes and all governmental or other assessments levied
against said property for the current ta.~: year shall be divided equally between "serer"
and. "purchaser" (July 1st was approximate date of verbal agreement). "Purchaser" shall
pay recording fees for recording the deed. "Seller" shall pay the recording fees for
release of deed of trust.
,i r °rr -i ~svs dr uw+n up by the Qow~ells and claims ownership ,h lr ~ 2 I~ ,F
1 a~ °~:ryi-~'ty, Gas well as full ownership of the joint parcel.
I i; ca ll: , through this 'Contract - Deed' are attemptirio,
which was recorded for the cluster on 20 July 19 7
Document Reproduces Poorly
(Archived)
Layd Dasa'lPtiam as deseribed in the
1919 FMrt Da I Caiwract-Dead
19890924-basahutes Ca
clds W Puads 193-0076
1989-024962 Pays 1 of Cartract Dead
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Dowell "Contract -
Deed" 89-24952
ti
Dowells claim
purchase of a
large portion of
the Kuhn property
(containing 34.5
c
acres more or less)
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This daewnant is saved as:
19890603 Incorrect Mews and 4amds from 19890803 bawe8 Cantract-Deed - Cartayrvow IoM Csie
19900711 Inearrest M.rt" and Bands ham 19890803 bard) Camt-t-bad - Cw-tW@phw TsM CdM
20070419 Inanrect Mews and Dowels from 19890404 bowa8 Camract-Deed CartaynWwr Tahn CaM
L
L.
z
Parael (1) is 4..90 Aces
Parcel (2) is 4.30 Arras
Kulw'a haw a V"g PvllCy aawrinp mush of
.hot is 4ateelbed as Parcel (1) from their
1947 PorcMse with lot fine adjustment.
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193 0076
Vl. "Purchaser agrees to land use restrictions described as follows.:
1. owners or family members may not operate dirt bikes on the property.
2. All telephone and electric lines must be underground,
3. Ail fencing must be wood. Top rail may not be higher than. 4211,
bottom rail may not be lower that 18" . No barbed wire or straight
wire may be used for fencing,
4. Owner or faimlly members may not take target practice with rifle or
handgun on property.
5. This contract carries with it the strongest encouragement to
demonstrate sensitivity to living within the boundaries of the
Tumalo Winter Deer Range, and .tr-'es the owners to adjust their
lifestyle accordingly.
VII. This agreement is the entire, final and complete agreement of the parties to the
sale and purchase of sald.property, and supersedes and replaces all prior existing
-writte,.i and,, or I al agreements between both parties.
111. "Purcha•ser° accepts- said property in its present condition, .as is, including latent
defects; without-.ar_y representations or warranties, expressed or implied. °PurG?~aser".
,agrees that "purchaser" shall ascertain, from, sources other than "seller",' the applicable
xG ing;, `building, "'housing ' irid other regulatory ordinances andlaws and chat "purchaser°,.
accepts''"saia property with Full awareness of these. ordinances and laws as they may a'ifP t
the p,g,en use or any intended future use of.said property, and "'seller" has, made • no
r'eP. xe-se,ntations with respect to such laws and oidinan-ces.' This in-%trument~:does.--:r+at
=ent.',,~. e:e than ,an. particular use may be made of the• property described 1A " th _s,
-'Turchaser" should check with the appropriate county planning" 46partnieit to
verify appi'vved uses.
Note the rnissing number one restriction shown below from the recorded deed
restrictions.
Covenants and Restrictions.
1. Owners or family members may not acquire additional dogs other
than the dog(s) they moy own when they purchase the property.
All dogs must be kept in such a gray that they do not run loose
in the area. Dogs allowed to "run" will disrupt deer habitat.
2. Owners or family members may not operate "dirt bikes" on the
property.
3. All telephone and electric lines must be underground.
4. All fencing must be wood. Top rail may not be higher than 42";
bottom rail may not be lower than 18". No barbed wire or straight
wire may be used for fencing.
5. owners or family members may not take "target" practice with
rifle or hand sun on property.
6. This contract carries with it the strongest encouragement to
demonstrate sensitivity to living within the boundaries of the
Tumalo Winter Deer Range, and urges the owners to adjust their
life style accordingly.
t '
r
I _ _ 4 I
Mark Burchett (^seller") date
41" _607WC
N y public for the "seller"
UrKlAL SEAL
JOYCE A 57RAN
1Q1APY PORK STAT! pi ILLINCIS
MY COMM. E0. AUG. 29,155()
~Oka
i ( I'Pv C ser") date' k
_ = g 4159 -
?atti 'Dowell. ("pachaser") date
State of'Npw York).
County of Nignroe) SS.:
193 •.oV-7
On t'his t day of S0pt.ebj2er 1989 , before me -personally appeared
.7e:fFDtiT.ze I I .qn.ci RAtt ~ 2CM0l-1' to me known and known. to me: Q be the
individual (s)~ described in and who executed the within instrument, and -he/they
r: G
e1 ' ow edged me% t-10b he/t. i6 executed the -same.
~.,1 Fps , .
0 , r { n _
>'•r ; u date
FManr~a. u
•M ~~issio't~'F~irgs '
-`dote: Please', send all s?:bsequent tax documents. to:
Jeff Dowell
422.Lakeshore Drive
Hilton NY 14468
43 50 r=~~~Lc,n~ aJ
& .•.A , ~U 9 ZZOJ
193 -0 0078
STAR -Of.OUGON ~..ss_
COUNTY OF Dki~illTTS ?
1, MARY.SVE PEMNOLLOW apATY CLERK, AND
RECORm OF CONMAKS Of 'AND. ~ SAID
COMM DO W EBY-COni'#y ;MAT YNE WnV'N
{MSl umm NAS-RECORDEII, TUTS OAT
8 I
No. ~ms.
DBOUTES CUUM OFfSC1AL RECORDS
A %
DESCHUTES COUNTY
COMMUNITY DEVELOPMENT
117 NW Lafayette Avenue, Send, OR 97701
Telephone (541)388-8575, Fax (541)385-1764
CODE ENFORCEMENT COMPLAINT FORM
Instructions: In order for you complaint to be accepted, you must fill in all questions comvletely and
sign on the back of this form. It is important that you supply as much detail as possible. If you have
any questions, call code enforcement at 541-385-1707.
Date: 2-0 12 OR 10
Address of Violation(s
City:
Nearest Cross Street:
Subdivision:
Residents Name:
Owner of Property:
Address:
City:
Phone:
s0-S
Zip:
ARE THERE ANY KNOWN OR SUSPECTED HAZARDS AT THIS LOCATION?
IE: Dangerous or unstable residents, dogs, criminal activity, etc.
( ) YES ( ) NO (X) UNKNOWN
If yes, please Identify the hazard in detail: tkP-4&ux-& IS 4 4-"r-0- W" tort-h;
Continue on reverse side
CF Complaint Form Rev. 04111
555 Srse wiore Rd
d State: O 2
06,reek FA fa Sett.
cL. o W
d~
State:
Page I 1
The top portion of this side is required and must be completed.
Complainant: (Your Name)
Name: 011 kL A VV
Address: ` _
City: State: 64Z Zip_ 9ag,-,!9W6
Daytime hone 36.7t,
Can violation be seen from the road? ( ) Yes (Xj No If not, what is the best inspection point?
-T:rvwa O(kr Join+ cA-cpee4-1i
Is the Complainant a neighbor? W Yes ) No
The complainant gives the Code Enforcement Technician permission to use their property for
viewing the violation: Yes ( ) No If not, why:
Will you, the complainant, testify in court, should the need arise? (k) Yes ( ) No
(Note: your complaint may not be accepted without your being available to testify.)
If you have photos, or other related information, that can be used as evidence of this violation, please
submit them with this form. The submitted documentation will not be returned and will become part of
the complaint file.
By signing below, I declare, under penalty of perjury, that all information submitted on and
with this form is true and accurate to the best of my knowledge.
17 A
L
COMPLAINAN
DATE
Thank you for assisting in making Deschutes County a better place to live.
Your Code Enforcement Staff
~**wrw,►ir:xa exwr~,r~rw,er,►wrrw*****x+e~e*wxrexwrrww*xrr~~►~,4r,r*sr**w******~,tr*,rirr*,r*tw:w*+**wrv++►+w,ta+~►w*,rw4*~►*****w**w w,rwwf r+~,f
ik*** w*,tw wr:w wwrt*,rwair A ~i~*~**w~nFltw+k#~ wwirwrwr*w,rw r**# Ai w*~eww*+hw~rrr*~r**wir*w+k*w+kw**sirir*wwxre www~ irwihrw~rr wwirw writ
FOR OFFICE USE ONLY
Subdivision: Lot:
Block:
Ct Complaint Form Rev. 04111 page 12
Code Violation Complaint against Dowell for septic system on third parcel
Filed 20120820
Due to the utterly ridiculous arguments used by Assistant Legal Counsel in her
giving such great emphasis and credence to the numerous measuring errors on the
Dowell LM map drawing in spite of the letter from Paul Blikstad warning the
Dowells of the maximum building line on MP-79-232, the Kuhns feel it is worthwhile
and very justif ied to file a code violation complaint against the Dowells for the
high probability that the Dowell septic field is likely partially on tax lot 161119-00-
00300 without the permission of the Kuhns. It should also be noted that the
Assistant Legal Counsel failed to consider the Acreage Overview map prepared by
Jeff Dowell and submitted with the supporting documents for the 1992 LM-92-9 in
her defending the Dowells illegal placement of their structure in violation of the
final partition plat map a clear violation of Goal 5.
C:\Docs\prop65575\Dowel I\LegoIs & Decisions Court & County\1992 LM-92-9\support files\
19920204_Draft-1_LM-Supporting Doc with map Dowell to Cibelli_Page_08 Acreage Overview.pdf
Also 19921103_Septic5iteFvaluationApplication.pdf 1 page
19921117_5eptic5iteDenied.pdf 2 pages
19930421-19930615_SepticFvaluationPermit.pdf 6 pages
19940318_BuildingApprovesButNotPlanning.pdf 1 page
Ariel Photo Septic Field w Property Lines from CDD 200206.pdf
Also considered in our concerns are the facts that we now know that the building
safety department of CDD under Dennis Perkins never did any measuring or
confirming of property lines when issuing permits, and that two test pits were
actually dug on BLM property. It is highly likely that the Dowells septic f ield is
indeed partly on the joint parcel.
NOTE: Kuhns are more than willing to address any infringearenti of the Dowell
septic field on the joint parcel without prior Kuhn agreement, in the yet unwritten
Homeowners' Agreement, but only if the HOA is signed and recoarded by 31
October 2012.
'.:-y-o .....uwelN.eponR ~eoi=iwu Cexn A.!'•.•~y~~•w=v~.~.u•wu:anpl.inteV01]08]O SWW Puld m JonilYrc=I~~n~2neaa~t:•wlcvlnWwn-pkW rc S.O.Pkid 9.d page3 820/2012
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., MONDAY, AUGUST 20, 2012
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. 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. Please complete a sign-up
card (provided), and give the card to the Recording Secretary. Use the microphone and
clearly state your name when 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 official record of that hearing.
3. CONSIDERATION of Signature of Resolution No. 2012-103, Establishing
the Required Elections of National Forest Related Safety Net Payments per
Secure Rural Schools and Reauthorization for Federal Fiscal Year 2012 Chris
Doty, Road Department
Suggestion Action: Move signature of Resolution No. 2012-103.
4. CONSIDERATION of Second Reading by Title Only, and Adoption of
Ordinance No. 2012-005, Amending the Comprehensive Plan Transportation
Systems Plan, and Repealing Code Chapters 23.60 and 23.64 - Peter Russell,
Community Development
Suggested Actions: Conduct second readings by title only; move adoption of
Ordinance No. 2012-005.
Board of Commissioners' Business Meeting Agenda Monday, August 20, 2012
Page 1 of 7
5. A PUBLIC HEARING and Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2012-011, Repealing Ordinance
No. 2010-008 regarding the La Pine Urban Growth Boundary - Peter
Gutowsky, Community Development
Suggested Actions: Conduct hearing; first & second readings by title only;
move adoption of Ordinance No. 2012-011.
6. A PUBLIC HEARING and Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2012-012, Establishing the City of
La Pine Urban Growth Boundary - Peter Gutowsky, Community Development
Suggested Actions: Conduct hearing; first & second readings by title only;
move adoption of Ordinance No. 2012-012.
7. ADDITIONS TO THE AGENDA
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
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.)
Monday, August
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 Monday, August 20, 2012
Page 2 of 7
Wednesday, Auguust 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monda Au st 27
10:00 a.m. Board of Commissioners' Meeting
1:00 P.M. Administrative Work Session -executive session under ORS 192.660(2) (a),
employment of a public officer or employee - NOTE EARLIER TIME
Wednesday, August 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 30
10:00 a.m. Joint Meeting with City of Bend Council, at the County
Monday, September 3
Most County offices will be closed to observe Labor Day
Wednesday, September 5
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 6
8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall
Wednesday, Se tember 12
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 13
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
Board of Commissioners' Business Meeting Agenda Monday, August 20, 2012
Page 3 of 7
Monday, September 17
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 20
8:30 a.m. (Tentative) Tobacco Survey Results Discussion
Friday, September 21
All Day Association of Oregon Counties' District Meeting - Harney County
Monday, September 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, September 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, October 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, October 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursdav. October 4
8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall
Board of Commissioners' Business Meeting Agenda Monday, August 20, 2012
Page 4 of 7
Wednesday, October 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 15
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, October 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 31
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, November 5
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Board of Commissioners' Business Meeting Agenda Monday, August 20, 2012
Page 5 of 7
Wednesday, November 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, November 12
Most County Offices Closed to Observe Veterans' Day Holiday
November 13 through 16
Association of Oregon Counties Conference
Monday, November 19
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
November 22 & 23
Most County Offices Closed to Observe Thanksgiving (November 23 Unpaid Furlough)
Monday, November 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, November 228
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, December 5
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Board of Commissioners' Business Meeting Agenda Monday, August 20, 2012
Page 6 of 7
Wednesday, December 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 12
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, December 17
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 Monday, August 20, 2012
Page 7 of 7