2023-350-Order No. 2023-050 Recorded 11/6/2023REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-350
Steve Dennison, County Clerk
Commissioners' JOUrnal 11 /06/2023 11:51:27 AM
FS
2023-350
For Recording Stamp Onl
BEFORETHE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying Review of the Hearings
Officer's Decision in File No. 247-23-000599-A
and
ORDER NO. 2023-050
WHEREAS, on October 10, 2023, the Hearings Officer approved File No. 247-23-000599-A;
WHEREAS, on October 20, 2023, the Windlinx Ranch Trust, the Appellant, appealed (Appeal
No. 247-23-000728-A) the Deschutes County Hearings Officer's Decision on File No. 247-23-
000599-A; and
WHEREAS, Sections 22.32.027 and 22.32.035 of the Deschutes County Code ("DCC") allow
the Deschutes County Board of County Commissioners ("Board") discretion on whether to hear
appeals of Hearings Officers' decisions; and
WHEREAS, the Board has given due consideration as to whether to review this application
on appeal; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will not hear on appeal Appeal No. 247-23-000728-A pursuant to Title
22 of the DCC and/or other applicable provisions of the County land use ordinances.
Section 2. Pursuant to DCC 22.32.015, the County shall refund any portion of the appeal
fee not yet spent processing the subject application. If the matter is further appealed to the Land
Use Board of Appeals and the County is required to prepare a transcript of the hearing before the
Hearings Officer, the refund shall be further reduced by an amount equal to the cost incurred by
the County to prepare such a transcript.
Section 3. Pursuant to DCC 22.32.035(D), the only documents placed before and
considered by the Board are the notice of appeal, recommendations of staff, and the record
developed before the lower hearing body for File No. 247-23-000599-A, as presented at the
following website:
https://www.deschutes.org/cd/page/247-23-000599-kerr-template-dwelling-remand
ORDER NO. 2023-050
DATED this I day of U�, 2023.
ATTEST:
Recording Secretary
ORDER NO. 2023-050
BOARD OF COUNTY INTY COMMISSIONERS
174
l
v .
ANTHONY DEBONE, Chair
(0wt ¢ .
PA I ADAIR, Vice hair
PHIL CHANG, Commissioner
vT E S Co
BOARD OF
COMMISSIONERS
MEETING DATE: November 1, 2023
SUBJECT: Consideration to hear an appeal of the Hearings Officer's remand decision
approving a single-family dwelling in the Forest Use Zone at 59770 Scale House
Road, Bend
RECOMMENDED MOTIONS:
Move approval of Order 2023-050, accepting review of the Hearings Officer's Decision in File
No. 247-23-000599-A and establishing the review will be heard de novo.
NN
Move approval of Order 2023-050, denying review of the Hearings Officer's Decision in File
No. 247-23-000599-A.
BACKGROUND AND POLICY IMPLICATIONS:
The applicant is requesting conditional use approval to establish a single-family dwelling in
the Forest Use (F2) Zone. In 2022, the County approved the applicant's request. However, the
Windlinx Ranch Trust appealed this decision, and the State Appellate Courts remanded the
decision back to the County for further review. On October 10, 2023, the Hearings Officer
issued the remand decision and approved the applicant's request. The Windlinx Ranch Trust
has filed an appeal of this decision and asks the Board of County Commissioners to review
the appeal.
BUDGET IMPACTS:
None.
ATTENDANCE:
Caroline House, Senior Planner
William Groves, Planning Manager
Legal Counsel
MEMORANDUM
TO: Board of County Commissioners
FROM: Caroline House, Senior Planner
DATE: October 25, 2023
RE: An appeal of the Hearings Officer's Remand Decision Approving a Single -Family
Dwelling in the Forest Use (F2) Zone; File No. 247-23-000599-A and Appeal No. 247-
23-000728-A
On November 1, 2023, the Board of County Commissioners ("Board") will consider hearing an appeal
of the Hearings Officer's remand decision conditionally approving a single-family dwelling in the F2
Zone.
1. PROPOSAL
The Applicant is requesting conditional use approval to establish a single-family dwelling in the F2
Zone. The requested Forest Use dwelling type is a "Template Dwelling", and the property is located
at 59770 Scale House Road, Bend, OR 97702.
II. PROCEDURAL HISTORY
In 2021-2022, the Hearings Officer approved the Applicant's conditional use request. However, this
decision was appealed to the Land Use Board of Appeals ("LUBA') and the Oregon Court of Appeals.
Ultimately, the Hearings Officer's decision was remanded back to the County for further review.
On July 28, 2023, the Applicant initiated the subject remand application. Since the Hearings Officer
was the final decision maker in the previous review, the Hearings Officer was the initial reviewer for
the subject remand application. After reviewing the submitted information, the Hearings Officer
found the Applicant sufficiently addressed the issues on remand and approved the Applicant's
request. On October 10, 2023, the Windlinx Ranch Trust ("Appellant") filed an appeal of the Hearings
Officer's decision.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541)388-6575 a@cdd@deschutes.org @www.deschutes.org/cd
Ill. WINDLINX RANCH TRUST APPEAL
The Appellant requests the Board review the Hearings Officer's decision, as part of a de novo review,
to address the following key issues related to the template dwelling test requirements:
1. To determine the location of Lot 7B and Lot 7C.
2. To determine whether Lot 7C is located within the Applicant's 160-acre square template.
3. To determine if Lot 7 is a "parcel" as defined in ORS 215.010.
IV. STAFF RECOMMENDATION
Staff recommends the Board not hear the appeal for the following reasons:
• The appeal issues are primarily matters of state law interpretation and a Board decision
would not be given deference if appealed to LUBA.
• The Hearings Officer's decision is well written and reasoned, and could be supported, as the
record exists today on appeal to LUBA.
• The County's review of a remand application must be completed within 120 days and the
County will have used 95 of the 120 days as of November 15T. Therefore, it is unlikely there
would be sufficient time for the Board to review the subject appeal and meet the 120-day
deadline.
• Both parties were well represented by land use attorneys.
V. BOARD OPTIONS
First, the Board must decide if it wishes to hear the appeals. In determining whether to hear the
appeals, the Board may only consider:
1. The record developed before the Hearings Officer;
2. The Notice of Appeal; and
3. Recommendation of staff'
Option 1: Hear the Appeal
If the Board decides to hear the appeal, the Board must make a decision on the scope of the review.
As noted above, the Appellant has requested a de novo review. Per the Deschutes County Code
("DCC"), the Board has two choices for the scope of the review:
' Deschutes County Code 22.32.035(D)
247-23-000599-A / 247-23-000728-A Page 2 of 3
1. On the Record
- This means parties can only present their arguments and the Board must rely on the
record developed before the Hearings Officer. No new evidence can be submitted.
2. De Novo
- This means parties can submit new evidence and present their arguments.
Next, the Board may wish, but is not required, to limit the issues it will consider as part of the Board's
review.
Lastly, the Board should give staff direction on when to schedule the appeal hearing and the Board
may want to establish time limits for testimony at the hearing.
Option 2: Not Hear the Appeal
Should the Board decline to hear the appeal, the Hearings Officer's decision will become the final
decision of the County. Upon the mailing of the Board's decision to decline review, the party
appealing may continue their appeal as provided under the law.
VI. 120-DAY LAND USE CLOCK
Tho 1 )nth AnAi r%n :Alhich the r-mint%/ mii�t take final a`tinn nn thic nnnliritinn iz November 25 2023.
-.. uuy ., y w
VII. RECORD
The record for File no. 247-23-000599-A and the Notice of Appeal are presented at the following
Deschutes County Community Development Department website:
https•//www deschutes.org/cd/page/247-23-000599-kerr-template-dwelling-remand
Attachments:
DRAFT Board Order 2023-050 Accepting Review of the Hearings Officer's Decision
DRAFT Board Order 2023-050 Declining Review of the Hearings Officer's Decision
3. Notice of Appeal - 247-23-000728-A
247-23-000599-A / 247-23-000728-A Page 3 of 3
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of the Hearings
Officer's Decision in File No. 247-23-000599-A. * ORDER NO. 2023-050
WHEREAS, on October 10, 2023, the Hearings Officer approved File No. 247-23-000599-A;
and
WHEREAS, on October 20, 2023, the Windlinx Ranch Trust, the Appellant, appealed (Appeal
No. 247-23-000728-A) the Deschutes County Hearings Officer's Decision on File No. 247-23-
000599-A; and
WHEREAS, Sections 22.32.027 and 22.32.035 of the Deschutes County Code ("DCC") allow
the Deschutes County Board of County Commissioners ("Board") discretion on whether to hear
appeals of Hearings Officer's decisions; and
WHEREAS, the Board has given due consideration as to whether to review this application
on appeal; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will hear on appeal Appeal No. 247-23-000728-A pursuant to Title 22
of the DCC and other applicable provisions of the County land use ordinances.
Section 2. The appeal shall be heard de novo.
Section 3. Staff shall set a hearing date and cause notice to be given to all persons or
parties entitled to notice pursuant to DCC 22.24.030 and DCC 22.32.030.
Section 4. Pursuant to Section 22.32.024, the Board waives the requirement that the
appellants provide a complete transcript for the appeal hearing.
Section 5. Pursuant to DCC 22.32.035(D), to date the only documents placed before and
considered by the Board are the notice of appeal, recommendations of staff, and the record
ORDER NO.2023-050
developed before the lower hearings body for File No. 247-23-000599-A., as presented at the
following website:
https://www.deschutes.org/cd/pa e/247-23-000599-kerr-template-dwelling-remand
Going forward, all documents further placed before, and not rejected by, the Board shall be added
to the aforementioned website, and that website shall be the Board's official repository for the
record in this matter.
DATED this day of , 2023.
/s1■11114011151
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
ORDER NO.2023-050
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying Review of the Hearings
Officer's Decision in File No. 247-23-000599-A * ORDER NO. 2023-050
WHEREAS, on October 10, 2023, the Hearings Officer approved File No. 247-23-000599-A;
and
WHEREAS, on October 20, 2023, the Windlinx Ranch Trust, the Appellant, appealed (Appeal
No. 247-23-000728-A) the Deschutes County Hearings Officer's Decision on File No. 247-23-
000599-A; and
WHEREAS, Sections 22.32.027 and 22.32.035 of the Deschutes County Code ("DCC") allow
the Deschutes County Board of County Commissioners ("Board") discretion on whether to hear
appeals of Hearings Officers' decisions; and
WHEREAS, the Board has given due consideration as to whether to review this application
on appeal; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will not hear on appeal Appeal No. 247-23-000728-A pursuant to Title
22 of the DCC and/or other applicable provisions of the County land use ordinances.
Section 2. Pursuant to DCC 22.32.015, the County shall refund any portion of the appeal
fee not yet spent processing the subject application. If the matter is further appealed to the Land
Use Board of Appeals and the County is required to prepare a transcript of the hearing before the
Hearings Officer, the refund shall be further reduced by an amount equal to the cost incurred by
the County to prepare such a transcript.
Section 3. Pursuant to DCC 22.32.035(D), the only documents placed before and
considered by the Board are the notice of appeal, recommendations of staff, and the record
developed before the lower hearing body for File No. 247-23-000599-A, as presented at the
following website:
https•//www deschutes.org/cd/page/247-23-000599-kerr-template-dwelling-remand
ORDER NO. 2023-050
DATED this day of _, 2023.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
ORDER NO. 2023-050
�q i-a3- b00-726-A
OCT 2 0 2023
Deschutes County CDD
COMMUNITY DEVELOPMENT
777--77
APPEAL APPLICATION - BOARD OF COUNTY COMMISSIONERS tq
FEE:
EVERY NOTICE OF APPEAL SHALL INCLUDE:
1. A statement describing the specific reasons for the appeal.
2. if the Board of County Commissioners is the Hearings Body, a request for review by the Board
stating the reasons the Board should review the lower decision.
3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a
request for de novo review by the Board, stating the reasons the Board should provide the de
novo review as provided in Section 22.32.027 of Title 22.
4. If color exhibits are submitted, black and white copies with captions or shading delineating
the color areas shall also be provided.
It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the
County Code. The Notice of Appeal on the reverse side of this form must include the items listed above.
Failure to complete all of the above may render an appeal invalid. Any additional comments should be
included on the Notice of Appeal.
Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC
Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning
those Issues.
Appellant's Name (print): Windlinx Ranch Trust Phone: (541 ) 410-0191
Mailing Address:
59895 Scale House Road
City/State/Zip: Bend, Oregon 97702
Email Address: rwindlinx(a_empnet.com
Land Use Application Being Appealed: 247-23-000599-A (Remand)
Property Description: Tow i NR g 12 tion 31_ Tax lot 600
Appellant's Signature: Date:
Robert Windlinx
By signing this application and paying the appeal deposit, the appellant understands and agrees that
Deschutes County is collecting a deposit for hearing services, including "whether to hear" proceedings.
The appellant will be responsible for the actual costs of these services. The amount of any refund or
additional payment will depend upon the actual costs incurred by the county in reviewing the appeal.
Except as provided in section 22.32.024, appellant shall provide a complete transcript of any hearing
appealed, from recordings provided by the Planning Division upon request (there is a $5.00 fee for each
recording copy). Appellant shall submit the transcript to the planning division no later than the close of
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Air (541) 388-6575 @ cdd@deschutes.org www.deschutes.org/cd
the day five (5) days prior to the date set for the de novo hearing or, for on -the -record appeals, the date
set for receipt of written records.
NOTICE OF APPEAL
Please see attached Appeal Statement with:
Exhibit 1 - Diagram;
Exhibit 2 - 1910 Deed; and
Exhibit 3 - 1911 Deed.
NOTICE OF APPEAL
Windlinx Trust Appeal Statement
Dear Chair DeBone, Vice -Chair Adair, and Commissioner Chang:
Windlinx Ranch Trust respectfully appeals a recent hearings officer decision that approves a
template dwelling in the F2 zone. This appeal statement presents the specific reasons for appeal
and the reasons the Board should provide de novo review as provided in DCC 22.32.027.
Background for Appeal.
The application involves a request to add a new template dwelling in the F2 zone. The proposed
template is depicted on Exhibit 1 to this document. This appeal involves the parcel identified as
Lot 7C. The applicants asserted that Lot 7C and a parcel identified as Lot 7A were created in 1910
when the owner of the larger parcel, Ferguson, conveyed right-of-way to the Oregon Trunk
Railway. The 1910 deed, a copy of which is attached as Exhibit 2, did not contain any legal
description of the property interest conveyed. It referred to a strip 50 feet on either side of a
centerline of a railroad now or hereafter located and staked over the west half of the southwest
quarter of Section 31. Although the proposed template illustrated a location for Lot 7B, the
"railroad parcel", the applicants acknowledged that that strip could not be specifically located.
That is because the railroad was never constructed, a fact established by former County Surveyor,
Mike Berry. The parcel noted as Lot 7C was not part of the request because the applicants stated
that they could not locate the railroad parcel and thus, could not show that Lot 7C was located in
their template. At most, applicants stated that they believed that a small part of Lot 7C was in the
template. Appellant asserts that the applicants never revised or amended their statement that they
were not using Lot 7C for establishing compliance with the template test.
A hearings officer approved the request, and that approval was appealed to LUBA. LUBA
remanded for the county to further evaluate whether Lots 7C, 7A, and Lot 2 were lawfully created.
Both parties appealed LUBA's decision and the court of appeals affirm LUBA on all counts.
On remand, the applicants asserted that the hearings officer had already decided that the specific
location of Lot 7B and Lot 7C was, as a matter of fact, within the proposed template. They argued
that LUBA and the court of appeals confirmed that finding. Appellant asserted the contrary that
the specific location of Lots 7B and 7C was never determined because it was impossible to
determine said location. On remand, the hearings officer concluded that the issue of whether Lot
7C was in the template was resolved in the prior proceedings even though LUBA expressly stated
that Lot 7C was not part of the application. The hearings officer further found that the applicants
demonstrated that Lot 7C was within the proposed template. The hearings officer noted that each
iteration of the proposed template showed Lot 7C within the template, apparently concluding that
all an applicant must do is recite on a template that a parcel is within the template they propose.
The hearings officer accepted applicants' surveyors' reliance on ODOT maps that depicted possible
locations of a railroad line that was never constructed. He disregarded the testimony of five
professional surveyors who agreed with the applicants' initial representation that because Lot 7B
(railroad parcel) cannot be located, it is not possible to locate Lot 7C within the applicants'
Page 1 of 3
template. Each professional surveyor stated that the railroad parcel cannot be located because
there is no legal description, and the railroad was never constructed.
Grounds for Anneal.
1. The hearings officer erred in misapplying the law to conclude that the issue over whether
Lot 7C is located within the 160-acre square proposed by applicants was previously
decided and could not be raised in the remand proceedings. He erred in determining that
the specific location of Lot 7B was determined. Neither the hearings officer nor LUBA
determined that the specific location of those parcels was established or decided that Lot
7C was in the template because the applicants did not include Lot 7C in their template
analysis as LUBA expressly noted in its decision. In fact, LUBA specifically noted that
Lot 7C was not part of the applicants' request. The LUBA decision was not preclusive on
this issue because it did not conclude that Lot 7C is within the applicants' proposed
template. The only issue decided with respect to Lot 7C was whether it was lawfully
created.
2. The hearings officer erred in making a decision not supported by the preponderance of the
evidence, or substantial evidence, that Lot 7C is located within the applicants' 160-acre
square. The hearings officer accepted unsupported opinions from applicants' surveyors
that they could locate Lot 7C based on the location of the "railroad parcel" as depicted on
ODOT maps. The hearings officer ignored credible evidence from five professional
surveyors who stated that the location of Lot 7C could not be determined because to locate
that parcel of land one would need to be able to locate property described as the railroad
parcel. The refuted evidence established that the railroad was never constructed and thus,
it was impossible for anyone to locate it on the ground. To the extent the hearings officer
agreed that the 1911 deed on the adjacent parcel established the location of the railroad
strip on the Ferguson parcel in Section 31, he committed two errors. First, the grantor in
the 19I t deed, Mueller, did not own the Ferguson parcel (Lot 7) at that time and could not
have created any interest in it. Second, if the hearings officer agreed that the 1911 Mueller
deed created an interest in a strip of property on the Fergeson parcel (Lot 7), he ignored the
text in the 1911 deed that expressly states that the strip was only a right-of-way easement
that reverted back to Mueller if the railroad was not constructed in five years. A copy of
that deed is attached as Exhibit 3. Mike Berry provided unrefuted evidence that the railroad
was never constructed. Thus, there could not have been any strip in the Ferguson parcel or
the Mueller property after 1916. The hearings officer sanctioned an applicant asserting
contrary positions.
Statement on -why r the Board should accept the anneal.
It is important that the Board accepts this appeal and reverses the hearings officer because his
erroneous decision could pave the way for future dwellings in resource areas based upon applicants
using "parcels" that do not exist or cannot be located. The "railroad parcel" was clearly conveyed
to allow only a possible railroad in a general location. LUBA ruled that the conveyance for railroad
purposes created a fee parcel. Appellant accepts that ruling. However, LUBA's ruling that such a
deed not only creates a lawful parcel but also lawful parcels on each side of it creates a dangerous
precedent when the primary "parcel" cannot be located. It allows applicants to show the special
Page 2 of 3
use "parcel" almost anywhere they want in a parcel creating additional parcels that they show
wherever they want and then use for qualifying for a dwelling. Indeed, under the hearings officer's
decision, the railroad strip still exists even though no one could ever locate it and the 1911 deed
stated that it went away after five years. The hearings officer's decision allows the applicants to
use in its template a historic parcel description that went away over 100 years ago.
Further, under the hearings officer's current decision, any deed conveying an interest for a utility
can be a parcel. If the document does not define a specific location, an applicant can show it
anywhere on a parcel and then manipulate it to "create" additional parcels for a template test.
Appellant submits that this is not the type of "parcel" the county intended to be used for qualifying
for a dwelling. A proper template test should include only real parcels that can be found and
identified in a specific location.
An additional reason the Board should hear this appeal is that the hearings officer's decision
potentially allows unauthorized dwellings in a forest zone and that will increase the potential for
wildfires. It will also have negative impacts on established and accepted forestry operations.
Appellant requests that if the Board accepts the appeal, it conduct a de novo hearing.
DCC 22.32.027 (13)(2)(d) provides: "Whether in its sole judgment a de novo hearing is
necessary to fully and properly evaluate a significant policy issue relevant to the proposed
land use action.
As stated above this appeal presents a significant policy issue on how the county should apply
DCC 18.40.050 to parcels that were created for a special purpose and not intended for use
commonly associated with dwelling applications.
Thank you in advance for your consideration of this matter.
Page 3 of 3
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Page 1 of 1
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IN WITNEOG WNEREOR, WE THE ORANTORB ABOVE NAMED, HEREUNTO aCT, OUR HANDS AND BEALB
THIS 7TH DAY Of MARCH 1910
WITNESS TO THE EXECUTION HEREOF; 810NEV S. BTEARNB (BEAL)
NORA F. 8TEARN81 LORA L. BTEARNB FRANOES E. STCARRB }SEAL}
STATE OF OREGON,I
BB.
eoulITY OF CROOK I
THIS CERTIFIES, 7NAT ON ?Hie 7TH DAY Of MARCH A.D, 1910 BEFORE ME, THE UNDERSIGNED,
A NOTARY PUSL•IO�IN AND FOR SAID COUNTY AND 8TATCy PERSONALLY APPIARCD THE WITHIN.NAMEO
BIONEV S. BTEARNB AND FRANgee E. STCARNO, HIS WIFE, WHO ARE KNOWN TO ME TO 89 THE IOEH/IOAL
INDIVIDUALS Ot80RIS90 IN AND WHO E11ICU7E0 THE WITHIN.INOTRUMENf, AND ACKNOWLEOOED TO ME.41I
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IN TESTIMONY WHEREOF, I HAVE HEREUNTO BIT NY HAND AND NOTARIAL BEAL THE DAY AND YEAR
LAST 46DVt WRITTEN.
ALFRto A. AVA
(NOTARIAL SEAL ) NOTARY PUBLIC IN AND FOR THE STATE Of OREGON.
4365
FERGU80N m WIFE VOLUA1a 21, 09908, PAGE 14,
TRANBORIPT FROM CROOK COUNTY
TO
FILED MAROH 2311, A.D. 1910
IN TRUNK RAILWAY.
WARRANTY OECD.^
KNOW ALL MEN BY THESE PREBENrS, `THAT JOHN FIROUSON AND 'SARAN FE110uSON, Hie WI FI
r COUNTY Of CROOK, STATK OF ORECON, iN CONS IDERATION Of ONE & 00/100, OOLLAH{ TO THEM IN
AND PAID BY THE ORLOON TRUNK ,RAILWAY, A CQRPGRATION, THC RECEIPT WHEREOF IA HEREBY ACKNOW.
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TO HAVE AND TO HOLD THE ABOVE OCBCRISED PREMISES, TOOCTHER WITH THEIR APPURTCNANIt•8,
UNTO THE SA10 ORCCON TRUNK RAILWAY, III SUCOEBBORS AND ABBIGNB FOREVER. AND JOHN FtRO-
USON AND SARAH FEwoUBON ORANTORB ABOVE NAMED DO OCRE6Y COVENANT TO AND WITH THE ORE,ON
TRUNK RAILWAY COMPANY AFORESAID, ITO SUCOEBOORB AND A861ONS, THAT THE ABOVE GRANTED PREM-
late ARE FREE FROM ALL INCUMBRAHCE8.I THAT THEY HAVE GOOD RIGHT AND TITLE TO CONVEY THE
SAME IN MANNER AFORESAID, AND THAY.TiIEY WILL AND THEIR HEIRS, EXECUTORS AND AOMINiSTRAT+
OHO $HALL FOREVER WARRANT AND DEPEND THE ABOVE ORANT60 PREMISES, AND EVERY PART AND PA R-
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LUBA 2022-022 RecordEX24181T T
Exhibit 2, Page 1 of 2
IN WITNC88 WHEREOF, THEY HAVE HEREUNTO OCT THEIR HANDS AND SEALS ON THIS NINETEENTH DAY
or MARCH A.D. 1910
EItCOUTEO IN THE PRESENCE OF JOHN FERGUSON (SEAL)
10. LYNESI E.O, OTAOTER BARAH FERousaN (SEAL)
STATE Or OREGON,
BB.
COUNTY OF CHOCK i
THIS CERTIVIre, THAT ON THIS 19TH DAY OF MARCH A.D. 1910 BEFORE MEI THE UNOER&IOMCD,
A NOTARY PUBLIC IN AND FOR SAID COUNTY AND-STATC, PERSONALLY APPEARED INC WITHIN NAMED JOHNI
F4r0UBON, AND BARAH F6RoUBON HIS Wire WHO ARE KNOWN TO ME TO 80 THE INDIVIDUALS D[SORIB[0 I/�
i
AND VIND LXEOUT40 THC WITI410i'1H8TRUMENT, At1D AOKNGWLCBGIO TO Ma THAT THEY CXEOUT%C THE OAML
FREELY AND VOLUNTARILY FOR THt US1• AND PURPOSES THEREIN MlNTIONCD.
IN T96TIMONY WHEREOF, I HAVC HEREUNTO OCT MY HAND AND OFFICIAL BEAL, THE BAY AND YEAR
LAST ABOVE WRITTEN.
(NOTARIAL SEAL)
4366
CRDON COUNTY INVESTMENT CO.
TO
R. M. MOORE-
E.O. BTADTCR
NOTARY PUBLIC FOR TH& OTATE OF ORCOO1
VOLUME 21, DCCOB PAGE 15
TRANSCRIPT PROM 6ROOK COUNTY
FILED MARCH 23", A.D. 1910
THIS INDENTUR4, MADE AND ENT1R60 INTO BY AND SBETWEEN THE CROON COUNTY INVESTMENT
CQMPAHY, A CORPORATION, 1HOORPORh,110 AND CKIBT/NO UNGER &No BY VIRTU& OF THC LAWS OF THE
SThT! Or OREaON, PARTY OF THE FIRST. PART, AND R-M. MOORE PARTY OF THE SECOND PART.
WITHESSETH, SAID PARTY OF THE FIRST PART, FOR AND IN CONSIDERATION OF THK-BUM OF ONE
HUNDRED FIFTY ($15C.00) DOLLARS TO IT IN HAND PA10, INS RECEIPT WHEREOF Is HBR4SY ACKNOW-
i
LE006D, DOES eY THESE PRESENT& GRANT, SABCAIN, BELL.ANO OONY4Y UNTO SAID PARTY OF THE 8ECON
THAT OERTAIN REAL PROPERTY OITUATC13 IN CROOK COUNTY,
PART, HIS HciRB AND ABS/OHS Fap4VEq,
ORLGOH, AND MORE PARTICULARLY OESORIBED AB FOLLOWS, TO -WIT: Love NINE (11) AND TEN (10)
IN BLOCK NINETY-FOUR (94) IN HILLMANI As THE SAME APPEARS OF RECORD IN THE OF110E OF THE
DOUNTy CLERK Or CROOK OOUN+FY,' OREGON. TDOETHCR WIYH ALL AND BINOULA,e T141 TCNIM41178, H[RE-
DITAMCNTS AND APPURTCNANCES THERCUNTO B[LOHGINO OR IN ANYWISE APPORTAIHINO.
To HAVE AND TO HOLD INC 9AM6 UNTO RAID PARTY OF TH[ 66001110 PART HIe HEIR& AND ABBIONS;
rOR6Vfp. AND SAID PARTY OF Tilt FIRST PART DOE& HERESY OOV[NAHT, TO AND WITH BA10'PARTY O/
THE SECOND WART, HIS HEIRS AND ASSIGNS, THAT SAID PREMIBEB ARE FREE FROM ALL INGUTAGSANOES,1
AND THAT SAID PARTY OF YH1 FIRST PART WILL WARRANT AND DCFENO THE SAME, AND 1VERY PART j
THEREOF, AGAINST THE LAWFUL CLAIMS AND DEMANDS AND DEMANDS OF ALL PERSONS, WHOMSOEVER -
IN WITNCBS WHEREOF, SAID CROOK COUNTY INVCBTM6NT COMPANY NAB CAUBEO THESE PRCSENT8
YO BE SIGNED, AND ITS CORPDRAT4 BEAL TO SE HERETO AFFIXED, BY ITS PR90101NT AND SECRETARY,
THIS 3RD DAY OF MARCH 1910 HOER DUC AUTHORITY OONFERREO THERE/OR BY THE 06ARO OF OIRECTOII
OF SAID CORPORATION. CROOK COUNTY INVESTMENT COMPANY
EXECUTED IN THE PRESENCE OF Sy F.P. COOPCR, PRCGICENT
TILLY ANOERBONI F.S. EDOINDTON SV T.W. TANLOR81ORKTARY ,
(CORPORATE SEAL)
LUBA 2022-022
1
rd-1287
t 2, Page 2 of 2
ALL 0r Lay roue (4) BLOOM EIGHT' 19) A@ TNt SAME APPEAR[ UPON THE DrriOIAL.MA♦
OF IMPERIAL TOWNSITC, *AID MAP Velma RECOAOSD IN THE OFFICE Or TNC COUNTV RECORDER Or CROON
DOUNTV. AT PRINCVILLt, STATE Of OREGON, ON THC 2NO OAT OF MARCH 1911, IN MAP BOOR TNR[[
AT PAGE-.., TOOETIItR WITH ALL ANO 11NCULAN TNC TCNCMCNTO, HRRCOITAMCIITI AND APPOATCNANOL@
TNCREUNTO [CLONGINO 04 IN ANTWISC APPCATAININO.
TO HAVE AND TO RGLO, THE SAID PR[NT[CVI WIT" Tilt APPURT[NANORB* UNTO THC 0410
PARTY Of Tilt SEOOND PARTY AMC TO NIS HEIRS AND A1SloNS /On CVtA. Tilt MAID PASTY Or THE FIRS
PART Dots NEARBY COVENANT TO AND WIT" TOR ASOVt NAUCD PARTY Or THE AROUND PART THAT SNR,
MCA 11111118, EXCOUTORS AND ADMINI@TnATORS, SMALL WARRANT AND OCFMND YNE ABOVE ORANT[O PACMIML
44AINST Tilt *SOS 440 OCCD@ Or THC MAIO PARTY OF THE FIRST PART AND ALL ►CRSONS CLAIMING @T,
FROM*THROUGH OR UNOCA, SAID PARTY Of THC FIRST PART, UNTO THE BAND PARTY or TNC SECOND
PANTc "Ill MCIRS, AND A8110041 PORCVCR.
IN WITN[SS WHERCO►* I HAVR NCREVNTO BET MY NAND AND MEAL THE OAT AND YCAR
FIRST NCAEINABOWE WRITTEN.
WITNESSES To Tilt [AEouT10n m[Rtorc CONSTANOC ACID (SEAL)
S. AIONTooutnY
W. F. BOYLAN
STATE Or ORROON
eB.
COUNTY OF MULTNOMAH
THIS CERTIFIES. THAT ON TN14 3RD DAY Or MANCH A. 0. 1911, acront Mt, THE
UNDERaloNEO. A NOTART MUOL10 IN AND FOR MAIO COUNTY AMU STATE, PERSONALLY APPEAREO THC
NITNIM NAUCO C404STAN09 RRIC (AN UNMARRICO WOMAN), NNO it CNIVN TD ME TO OR Tot IOCNTIOAL
FLAGON OtIlORiotO In AND WHO tAtoulgo Tilt NITNIN INarnumeNT, AMC AOKNDNLCOOtO To Mc THAT
&MC CACOUTEO TNC PAUC, AB NCR FACC ACT AND WBCO, FOR THE USES AND PURPOSES TNERCJN
CA/Rtearo.
'IN TESTIMONY WHEREOF, I HAVE mencumro OTT MY HAND AND SEAL Tilt DAY AND YEAR
LAST ABOVE WRITTEN
' S. MONTGOMERY
• NOTARY PUBLIC IN AND FOR TMc 6TATC OF
(NOTARIAL B CAL) OREGON.
9643.
THE CHRISTIAN MUELLER LAND AND TIMBER COMPANY VOL. 24, GREGG; PACC 444.
TO
TAANSCMI►T FROM CROOK COUNTY.
OREGON TRUNK RAILWAY FILED APR, 11, 1911. AT 5 OICLOOX PLM,
WARREN SROMN COVNTT CLIME
WARRANTY OECD
KNOW ALL MCM BY THESE PRCOCNTP, THAT Tilt THE CHRISTIAN "LLtII LAND ANo TIMBLA
COMPANY, A CORPORATION OROANIZCO AND EXISTING UNDER AMC BY VIRTUE Of THE LAWB OF THE BTATC
Or 0OWA, IN CONBIOCRATION Of ONE AND OQ/100 OOLLARS TO IT SAID BY THC MOON TAunl RAILWAY
A OORPORATION ORSAINE[D AND EXISTING UNDER AND BY VIRTUE Of THE LAW@ OF THC STATc Of
To
`J
Exhibit PH-113
LUBA 2022-022 ReM 1 ®S16
Exhibit 3, Page 1 of 3
3ti3
I
WASHINOTON, AND OOINO BUSINESS SNuTNIC STATIC Or ORCOON AMC ELGCWHARCi INC RCOtIPT WBEMCOF
IS HEREBY ACKNOWLCOOCO, 00E1 NERCST GIVE,:GRANT, SARBAIN, SLLL AND CONVEY UNTO INC 4A10
ORLOON TRUNK RAILWAV, ,ITS 40009010110 AND ASSIGNS FOREVER, ALL INC FOLLOWING OtSaRISCO
RCAL PROPCRTY, FREE FROM ALL INCUMSRANCCA AND a1rUATE IN INC COUNYY GP CROOK, STATC OF
OREGON, TO-WITI
ALL THAT PART OF THE CAST HALF OF THE SGUTHatAT QUARTER IEt SW3) OT SCOTION
9EYCNTCCN 117), TOWNSHIP TWCNTV 120) SOUTH, R4NOE CLCVCN 111) EAST Oq INC WILLAMCTTC
MCRIOIAN, LVINO WEaTCALY OF A LIMO PARALLCL-TO AMC FIFTY 150) FEET CASrr.RCV OF INC CCNTCR.
1,1Mt of Tot ORtOON TRUMx RAILWAY, SG THE BASIC Id NOW STAKED OUT OVCR AND ACROSS SAID
SECTION SCVCNTCSN.. , ,,,,L
ALSO, ALL. WHAT PART Of THE BOVTMEAST QUAArCA Or THE NORTHWEST QUARTER (SFj NW}) OF
SECTION FIVE (5) TOWNSHIP TWENTY (20) SOUTH, RANOC CLCVCN (11) CAST Or THE WILLAMCTTC
MCRIOIAN, LYINO WITHIN A STRIP OF LAND ONE HUNDRED 1100) cttT IN WIDTH, B CINO FIrTY (50)
PCCT ON tAOH BIOS Or THE CCNTCM LIMO Or THR ORCoON TRUNK RAILWAY AS INC *AMC IS NO*
STAKED our OVCN AND AOR060 SAID SCOTION FIVE (5)
ALSO ALL THAT PART OF THE WCST MALT Or INC NORTHWEST QUARTER (W} Or N*) OF SECTION
THIRTY-ONE 131) Tow Namir CIONTCCN 118) aOUTN, RANGE TWELVt (12) CAST OF TNC WILLAMCTTC
MCRIDIAN. LYING WITHIN A STRIP OF LAND ONC HUNDRED (100) FCCT IN WIDTH SEINO FIFTY (50)
rCET ON EACH BIDE Or Inc CCNTC* LIMO Or TNC ORCOoN TRUNK RAILWAY AS INC BASIC IS Now STARED
OUT OVER AND ACROOa SAID OCOTION THIRTY-ONE (31)
SAID OCMTCR LINE ACROSS SECTION *EVENTSCH ANO FIVE, TOWNSMiP TWENTY .(20) MOUTH,
RAMOE ELCYCH (11) EAST OF INC WILLAMCTTC MERIOIAN, AND AOROaa StOYWON THIRTY.ONE
TOwNaHIP ICIGNTCC* (18) ■GuTN, RANDC TWCLYC CAST OF INC WILLAMCTTC MCRIOIAN, SCIRW,0001C
PARTICULARLY OLSCRIBCO AD F.OLLOVGI
0t01NNIM0 AS STATION 2620,E 86/1 A ►DINT ON INC SOUTH LINE OF SECTION WEYaNTCCN (17)
TOWNSHIP TWENTY (20) SOUTH, MANGE CLCVCN (11), CAST Or INC WILLAMCTTI, M(RIDIAN, 1236 FEET
rROM THC NOUTMW98T CORNER OF SAID SECTION SLVENTEICX (17) TMCNCC N 20581 E. 5305:7 ►ECT TO
STATION 2673t91.0 A POINT ON INC NORTH LINE Or SA10 SECTION SEVENTEEN .(17), 1464.4 rear
FROM THE NORTHWNT OORMCM Or SAID SECTION SEVENTEEN (17)1 THCROC CONTINUING N. 20 581 E
5i96.7 /EtT TO STATION 2727488.5 A POINT ON INC SOUTH Of 1410 SaOTION FIVE (5), 1765 FEET
FROM THE SOUTNWCST OORNCM O/ SAID SEOTION /IVC (5); TNEMCC CONTINUING N.20 581 E. 2786-5
FEET TO STATION 2755a74i THCNOC CVRTINO TO TNC LCrT ON A 10 00, oURYC 1640.4 rttT THROUOM
AN ANOLt Or 160 241 TO STATION 2?72a14.4; TMENOC N.130 26' W. 814.6 FELT TO STATION 27801
21, A POINT ON TNt NORTH LINE OF BAIO SECTION ►IVC (5), 1544 FEET rROM INC NORTHWEST SORNCM
OF SAID SECTION FIVE (5); THENCE CONTINUINO NORTHERLY AMC NOMrHCASTCALY BY VARIOUS COURSE*
AND OISTANCCI TO STATION 3225:36, A POINT ON INC WEST LIMC Or SCOTION SIC (6) TOWNSHIP
NINETEEN (19) SOUTH, RANGE TWELVE (12) agor OF Inc WILLAMCTTC MCNIOIAN, 1261.9 FEET FROM
0
INC NORTHWEST CORNER OF '11AIO SECTION SIX (6)1 THENCE N. 50 56, ICaf220.0 FEET T 0 STATION
3227456.0; ♦MEMO! ON A SPIRAL CURVE TO THE LOFT INC*CA/INa TO A 30 001 QURYt 18O FttT
TH*oUaN AN AHOLC or' 20 421 TO STATION 3229+360; THENCE ON A 30 001 CURVE TO THE LEFT
2620.0 FEET YNROUGH AN ANGLE 0► 780 361 TO STATION 3255.56.0; THENCE ON A OCORCASINO
OPIRAL CURVE TO INC LCrT 180 rlLT THROUGH AM ANGLE OF 20 431 TO STATION 3257 436.0; TNCNOt
N. 330 0¢1 W 1608.2 /ECT TO STATION 3267.44•2; THCNGE ON A GPIMALCURVC TO THE RIORT
INOREA4INO TO 30 001 CURYC, 180 FEET THROVON AN ANOLC Or 20 421 rP STATION 3859624.2 THCNOE
0 001
ON A VMYE TO THE RIGHT 1825.00rCET. THROUGH AN AN4LE•Of'540 451 TO NATION 3267649.2;
0
Exhibit PH-113
LUBA 2022-022 RecorR 1)33�7
Exhibit 3, Page 2 of 3
TWL11o[ ON A OECAEASINO SPIRAL aURVE 1O THE RIONT ISO POET TNROUSR AN &matt or 2? 42, TO
STATION 3289A29.2; THENOe N. 270 051 E 931.5 F[[r To STATION 3298060.7 A POINT ON TKL NORTH 3a
n
LINO OF SECTION THIRTT-ON[ (31). TOWNSHIP EICHTELR (18) SOUTH, RANC[,TWELVE (12) CANT OF
THE Wf1LAYErTT MEAIOIAN, 394.4 FEET FROM THE RONTMWCOT CORNER OF eA10 IEDTION THIRTY-ONE (3 }
THE TOTAL AREL OF LANO HEREBY CONVCYCD aCINO SIX AND a/10 06.5) ACRES MORE OR
LESS.
TOaOTHER, WITH ALL AND SINCULAR, THE TCHEMENT80 NCACSITAUCHTR 1ND APPURTLNANO
TNCRWUNTO BELONGING ON IN ANYWIaC APPERTAINING.
To HAVC AND TO HOLD INC AGOVt ORANTCO PSCMIOES. TOCCTNCR WITH TMCIR APPUATtAI-
ANOCO. UNTO TN[ RAID p0etaoN TAWNK RAILWAY, ITS SUCCESSOR/ AND AeAI/NS IOAL V[p, UPON INC
......._..e..,._....._....._., .,..w.m,._.m.: .a..x__._.. .v._,�.._...._ _.._.�.CE _., -
EXPRESS CONDITION NOWCVER THAT THE OAANTCC HEREIN CONSTRUCTS AND OPCRATLS ITS AAILROAO
THROUGH THE LARDS OF GAMATORf OVER THE RIONT OF. WAY AD OC$ORINED H[REIH WITMIN FIVE {5
YLAAS FROM INC DATE ,HERiorj AND IN CARE OF THE FAILVR[ or aAANT[E TO OARRV OUT THIS
At
CONDITION GRANTOR AC$CRVLS FOR ITSELF INC RIONT TO/LMYCN INC PACMISCS MERCINNCFORC 0940816
AHO TAKE POSS[B010N OP fN[ DAY[.
AND THE CHNIOTIAN MUCLLLA LAND AND TIYSER COMPANY, GRANTOR ABOYL NAYEO ROCS
HEREBY OOYCNANT TO AND WITH TNC OREGON TRUNK RAILWAY Af OREBAIO, ITS SUCCESSOR& AND 14161ONG
THAT THC ABOVE GRANTOO PREMISES ARE FACE FROM ALL INOUMBRANCEa. THAT IT NAS 0000 IIIONTI
AND TITLE TO CONVEY THE SAME IN aANNCR AFORESAID, ANC THAT IT WILL AND ITS GUCCEI&ORB ANO
AISIOND SHALL FOACYCR WARRANT AND OCFCNO THE ABOVC GRANYCO PREMISES, AND [VERY PART AND
PARDCL THERCOF, AND THE PCAOCAILC POSSESSION THEREOF UNTO flit SAID OAEaDN TRUNK RAILWAY,
IT& BUCOINNORS AND ASa1GNS AGAINST THE LAWFUL CLAIMS Of ALL PERSONS WHOMGOLVCR.
IN TESTIMONY WNCRIOF, THC CHRISTIAN MUELLER LAND AND TIMICR COMPANY, ON THE 11
DAY Of FEBRUARY I$11, MAD DAUBED THIS INGTRUMCHT TO OC EREOUTEO, ITS CSRPORATC SEAL TO
CC ACRCUNTO Af TICCC, AND 'ITS CORPORATE HALLE T. .- ML-LUNTO SIGNED BY ED C: MUELLER I..
PRCSIOCIIT AMC BY F. W. MUCLLCR ITO BECRCTARY ,THEY DCINO LAWFULLY, AUTNORIICO TNERCVNTO BY A
RESOLUTION VFTNC BOARD Or DIRECTORS OF SAID TNC CHRISTIAN MUCLLCR LAND AND TIMBER COMPANY
OF INC 10 TIAY of• FLN.1911,
EACCVY[D IN THC PRCOENOC Of US AS WITNESSES,(
A. A. BR1AN, ( THE CHRISTIAN MUELLER LAND AND TIMBER COMPANY,
1
ED. 41. ellm } BY Eo C. MUCLLEA ITS PRL&IoLNT
' SY F. W. MUCLLCR ITS SCCACTARV.
(CORPORATE SEAL)
8TATC OF IOWA
SS,
SCOTT COUNTY
ON THIS JOTN CAY OF FEBRUARY 1911, DEFORCI:YE APPEARED EO•'C, MUCILER AND F. W.
MVCLLCR TO Mt PCRBONALLY KNOWN, WHO, CAON BEING DULY DWORM DID SAY YHRT I1t 19 YNC PACBIOBST
AND BE0.RETARY, R[BP[GTIVCLY OF THE CHRISTIAN MUELLER LAND ANO TIMBER COMPANY, AMO THAT INC
SEAL AFFIACD TO SAID INSTRUMENT 11 THE CORPORATE BEAL UP *AID CORPORATION, AND THAT SAID
INSTRUMENT WAR elaNto AND SEALED IN OCHALP Of $AID CORPORATION BY AUTHORITY Of ITO SOARO
or DIRECTORS AMC eAIC ED C. MUCLLCR ABC F. W. MUCLLCR SEVERALLY ACMNGWL904CO 9410 INITNU-
MCHT TO BE THE FREE ACT AMC OECD Of SAID CORPORATION.
IN TESTIMONY WHEREOF, I HAVC MERCUNTD It? MN HAND AND SERIREO MY OFFICIAL GOAL
THIS THC DAY AND YEAR FIRST IN TNIB, MY CCRTIFIOAre WRITTtN,
E. A. CoETY1a
(NOTARIAL SEAL) NOTARY PUBLIC, SCOTT COUNTY, IOWA.
Exhibit PH-113
LU BA 2022-022 ReeNd 3 OM8
Exhibit 3, Page 3 of 3