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HomeMy WebLinkAbout2009-05-13 Business Meeting MinutesDeschutes 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 13, 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 Stutler, 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 Stutter 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. Stutter 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. 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. 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. UNGER: 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. UNGER: 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: (511/61"/L_. Recording Secretary Tammy ney, C it Den is R. Luke, Vice Chair Alan Unger, Commissioner Minutes of Board of Commissioners' Business Meeting Wednesday, May 13, 2009 Page 15 of 15 Pages BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest 14,v1, Ali44�,�;, 4 J - j Date ✓��3/D % Name Gil l', J S,a2 Address Phone #s 797 Sid Ma/ Ve te.* f) f770z 7 -sir E -mail address - -d TeTh •C�— In Favor Neutral/Undecided Submitting written documents as part of testimony? KYes TEs BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest /F- —0 4/ Date Opposed No 7.? i Name 9nmiAv9),I — e RA tei /EAR-icy/5-A)) rrJ /SiPic /r-- Address /05S-- Phone #s E -mail address Stetiej L 60Lc - o):1 5L In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes Opposed No April 9, 2009 National Archives and Records Administration Rhondalyn Darnell Oregon State Office Bureau of Land Management 333 SW 1st Ave. Portland, OR 97204 Dear Ms. Darnell: PACIFIC ALASKA REGION 6125 SAND POINT WA5" NE SEATTLE, WASHINGTON 98115 -''999 206 - 336 -5115 www.archives.gov/facilities/wa/seattle.irtml Enclosed are copies of the records for patent 1119957 (serial number 031840). Kathleen Crosman Archivist 206 - 336 -5121 OFFICE OF REGIONAL RECORDS SERVICES , filf,t4,1t) (1\ • t _ . 4 -9 o,.irnrlured at the National Archives and Records Administration - Pacific Alaska Region (Seattle) TFNT SX. Sec. 8, (Kind of entry and acts) Act 6/28/34 & Sec. 3 Act 6/26/36• (Name and address) (Serial No.) 1_1 td ' State of Oregon, Clerk, State Land Board. Salem, Oregon. . • (Description of land Offered Lands: SzSWk Sec. 2, SE4SE4 Spec. 3, NM- Sec. 10, NWLNW4 Sec. 11, T.__.1,9,.5,.,_.R. 14 -E., and the Si Sec. 16, T. 18_$., R. 14 E.', W. M. 640 acres. /n "' NICE �29, Selected Lands: SW4SE4 Sec. SW NW4, NN,SW Sec. 32, T. 15 S., R...._13 E.; Lot 1, Sec. 7, T, .. 6_. s. ,_:.R. 13 E.; W SE1 Sec. .12, NWLSW4,_ SV�il7,gSW1 Sec. 13, NE4NE�'- SE.SNE , SW4SE99'� Sec. 23, NE, NE4, NWTSEk, SEkSW4 Sec. 34, T. :16•5...,..- ,11.._12=_E;.; Lot 3, SEWW4 SW NW4, Sec. 3, T, 1'7 S.., .3....,.12.. E., W. M. 635.16 a, DATE ACTION TAKEN ' June 9, 1942 Appin. filed in duplicate. No conflicts. To ]L0 with June 15, 1942 returns. July 17, 1944 "F" of July 10, 1944 requires additiorLal evidf:nce. fidvised by r.m. July 19, 1���* Date of service. `July 1,119 4 _dormeofaaeecoas I'ileaeieturnea to Oler« of :.)L to Land Board. t 1 ,. 18, 1944 f;Ustr act of 'i itie, _D.. 15 u, i ec ord ud 0e4 cot..v ;yi ., land to L,.-)., c ,I:t i i , .. e _o, l_ r. ; taT :: _? r'i t ; fOr 0Ut1;) ,1. ,a,_:Ovj Geed certi i.C'?•tt if a _,e ?l1 i c ir, n :) i „c ;.. _ „e ' ., 1, ,_;t �J' e. lb, T. 13 .; . .. 14 -1 Cl:i ii?_c,,lit_. .�,._. .'11. -,,o .erla i.�. 'Etnce 't P• f ,1. -DV,i r0 eft'- 'J. COUitty r(:,COl'C .``1, certificate ::3 i_) ^11 IN..) L11-1aid 1:, ".,_ irot ;iboo lanci, nc election D cice it patent to acJ � 1 fl s in rcco C ? te: to llti, Lie, 24, Ice. .o :v r 1,at.ito TT-0 :`itl _etter of transmittal on.d evidence of service h a6 on ' -, t of Jiay 10, 1944. Nov. 18, 1944 "F" of Nov. 11, 1944 requires amendment of abstractorls certificate. Advised by r.m. {Ab.,;trac No.- 111 and two copies of Solicitors s final .option M. 33770 of Sept. 28, 1944 forwarded). Nov. %L, 1cj44 Date of Service. Dec. 2, 1944 Abstract of Title No. 111 as corrected filed br Clerk of State Land Board. Same to GLO, :'pith evidence'of service had on "F" of T'Tov. 11, 1941, 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 tre ns- . milted to the State Land Board, Salem, Oregon. hnr l 17, 1915 Affidavit of nublicEtion filed. may 7, 1945 Affidavit of Publication and Certificate of Posting to G.L.O. State advised. ce Form 4-1275 Sept. 1954 TRANSFER CONTROL CARD Serial No. The Dailes 031840 Applicant Oregon Type of case % r e_ .4..c\ Transferred to Mr. Rice Transferred from LO Date sent 4/18/55 Date received INT, —DUP. SEC., WASH., D.C. 76903 UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE DISTRICT LAND OFFICE The Danes, Oregon, July 25, 1945. Mr. Lewis D. Griffith, Clerk, State Land Board, Salem, Oregon. Dear Mr. Griffith We enclose herewith copy of Commissioner's Decision "?" of July 19, 1945, approving for patenting the selected land and accepting title to the b F se land in exchange No. 031840. Very truly your$, GRACE GAVIN LEWIS, Register. • , IN REPLY REFER TO: UNITED STATES DEPARTMENT OF' THE INTERIOR - GENERAL LAND OFFICE WASHINGTON DECISION State of Oregon. ADDRESS ONL Y THE COMMISSIONER OF THE GENERAL. LAND OFFICE JUL 1 9 1945 Exchange Application The Dalles 031840 "F" Application _Approved for Patenti,. On February 2, 1945, the Department authorized ublication of exchange application, The Dalles 031840, filed under section 6 of the act of Tune 28, 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. 1398 (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 filed. 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, ands 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 selectedlaods:.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 Tune 10 1920 (41 Stat. 1063), as amended by the act of August 26, 1935 (49 Stat. 846; 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: Willamette Meridian. T. 16 S., R. 12 E., sec. 12, IW SE¢ sec. 13, tiN--E 1 23, E� sec. , SAS* see. 34. NF iJF.�'4-, NWiSE4, and SE tN'i T. 17 S., R. 12 E., sec. 3, lot 3 and SiNWi T. 15 S., R. 13 E., sec. 29, SW1SEj sec. 32, SW NW , NWiSWi T. 16 S., R. 13 E., sec. 7, lot 1, 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 E4 sec. 29, SWiNffi, NW4SW 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, S2 T. 19 S., R. 14 E., sec. 2, S2,SW sec. 3, SE�'SE4 sec. 10, NA sec. 11, NW? containing 640 acres. The deed of conveyance is hereby accepted and the lands now become a part of Grazing District No. 5, The Register of the District Land Office at The Dalies 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, 1934. (48 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, rjcai) Assistant Commissio.er. 2 UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE DISTRICT LAND OFFICE The Dalles, - Oregcn, 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. Mt enclose a cony of our letter of transmittal to the General Land Office. Very truly yours, Register, Enc. UNITED STATES DEPARTMENT OF THE 1 NTER 1011 GENERAL LAND OFFICE DISTRICT LAND OFFICE The Dailea, Oregen, July 2, 1945. MEMORANDUM for the Commissioner, General Land Office, W;aehington, D.C. From the Register. Reference is had to your Decision "F" of June 16, 1945 in exchange apclication No, 031840 of the State at Oregon requesting additional, evidence. We enclose herewith letter received from Lewis D. Griffith, Clerk of the State Land Board, Salem, Oregon. According to our records the following papers were transmitted to your office: August 18, 1944, Abstract of Title No. 15565, recorded deed conveying base land to U. SS., certi- ficate showing authority for execution of above deed, certificate of state officer showing no encumbrances against Si Sped. 16, T. 18 S., R. 14 E,, certificate showing no encumbrances against above property on county records, certificate showing no unpaid taxes against base land, and election by State to accept patent to certain lands in accordance with Sec. 24, Federal Power Act. Dec. 2, 1941, 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 16, 1945. Register. Copt for information of Lewis D. Griffith, Clerk, State Land Board, Salem, Oregon. LEWIS O. GR4FFI rH CLEPK STATE OF OREGON OFFICE OF THE STATE LAND BOARD STATE CAPITOL SALEM June 30, 1945 United States District Land Office The Dal Oregon Dear Madam: IN REFERRING TO THIS COMMUNICATION • IT IS IMPORTANT THAT YOU MENTION FILE No. splitiestion to change 031840 Bend - Redmond Hwy. RECEaVED bierrRICT LAND OFFICE THE DALLES, OREGON DATE JUL 2� HOUR,... Atten • ests Grace Qavin Lewis. Register I wish to acknowledge receipt of your comnunice:tion of June 25, regard- ing Serial No 031840, Whicia is an exchange of land in Deschutes County. You also encla#aad decision of the General Land Office at Washington, D. C., signed by Joel David W`olt soon, As' t C ues • I note that the duly recorded deed of *env proper State officer show wise encumbered by the Ate official custodian of the records of transfer of real estate, in the proper county, or by. en abstracter or abstract company approved by the General Land Office, that no instrument purporting to convey or in any way encumber title to the offered land is of record or on file in the County Raaeorder4s office cep to and including the date of recordation of the deed of conveyance mentioned above. 1 will advise that all of these instrument* were sent to you by regietered mail on luguot 117, 1944, and I have a coolunioati.on from your office stating that you forwarded them to - the General Land 0ffise. For your informa. tion I am enclosing, herewith, al: copy of my letter to the Register of the Land Office at The Zia Ues, dated august 17, 1944. It would be appreciated eci atsd if you would forward this communication to Wiaahington, together with a letter from yourself, explaining the matter to the General Land Office at Washtugton, D. C., es I am sure we have complied with all of the many regulations of that office. ffi4 a r . e State to furnish (1) a off 1 s.; (2)_a certificate of the fer d lan s baeve not been 'old or other - ifS ate . the Recorder of Deeds or Very truly yours erk 'tats Lan: Board LDM MSC 1 col 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 Aeneas Oregon, June 25, 1945 State of €peon, Serial 0,1 1s.O Salem, Oregon. Gentleme 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. Cow of Go>mcissionerte Derision. 4 -485 (December 1943) Register. 16- 38888 -1 8P0 IN REPLY REFFR TO; UNITED STATES DEPARTMENT OF THE INTERIOR ADDRESS ONLY THE COMMISSIONER OF THE GENERAL. LAND OFFICE GENERAL LAND OFFICE WASHINGTON 25, D.C. DECISION A F J U N 2 5 1945 JUN 16 1945 State of Oregon 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, 8, 15 and 22, 1945, and a certificate to the effect that the notice O. publication was posted in the local office on February 20, 1945, and remained posted until April 17, 1945. However, 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 mill, 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 way, encumber title 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 convey- 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. 10(Lzaa sistant Commission UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE DISTRICT LAND OFFICE The Dallas, 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 publisher's affidavit and proof of 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 OFFICE OF THE STATE LAND BOARD STATE CAPITOL SALEM April 30, 1945 Grace Gavin Lewis,Register U. S. Department of the Interior The Dalles, Oregon Dear Madam: IN REFERRING TO THIS COMMUNICATION IT IS IMPORTANT THAT YOU MENTION FILE No. Application to Exchange 031840 Bend — Redmond Highww RECEIVED OFA1Cg THE DALLE N J. OREGO DATEWIIA: .. HOUR - -- We are in receipt of your letter of April 27, 1945, 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. FCD :LJ ENC. Yours very truly, STATE LAND BOARD Lewis D. Griffith, Clerk By C Assistant Clerk ALL QUOTATIONS SUBJECT TO PRIOR SALE AND CHANGE OF PRICE WITHOUT NOTICE AND TO FINAL APPROVAL BY THE STATE LAND BOARD LEWIS D. GRIFFITH CLERK STATE OF OREGON OFFICE OF THE STATE LAND BOARD STATE CAPITOL Mr. W. F. Jackson, Register U. S. Land Office The Dalles, Oregon Dear Mr. Jackson: SALEM August 17, 1944 IN REFERRING TO THIS COI. MUNICATION IT IS IMPORTANT THAT YO- MENTION FILE No. The Dalles 031840 "F" In connection with the above numbered exchange application, we wish to file the following listed evidence which is enclosed herewith: (1) Recorded deed dated Au ust 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 Si of Sec. 16, T 18 S, R 14 E. W. M. (4) Certifica a o, t• o fic ng no encumbrances against =••v o e t n o : cords. (5) Certific =t= of :I f f c. t s County showing no unpaid t =s :: =i s e and. (6) Election :t. :c e t pat -n to certain lands in accordance h t r o ectio 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: FCD:cp Encls. REGISTERED Assistant Clerk 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 pees, Oregon April 27, 1945. State Land Board, Salem, .Oregon. Gentlemen: Affidavit of publication of the Bend Pilot in State Exchange No. 031840 has been filed in this office. You should now file the additional evidence re- quired by Section h of Circular 1398, a copy of which is enclosed. herewith. Very truly' yours, Enc . Register. a#ertyo the National Arc v Pacific Alask Region (Seat t! Reproduction copy m de dur to unstable ori #n k} R eIi [W #Ln t 4 4440.- 6d ¥± :m1+ ƒ g9 st $/ 4§ • e! LEWIS O. ORJFF ITH CLERK STATE OF OREGON OFFICE OF THE STATE LAND BOARD STATE CAPITOL SALEM February 26, 1945 The Pilot Bend Oregon Gentlemen: IN REFERRING TO THIS COI. MUNICATION IT IS IMPORTANT THAT VOL MENTION FILE NO. Application to Exchange 0:3:840 Bend- -tedmonri highway We have been instructed by the U. S. Land Office to proceed with publication of :.p o hove number and are enclosing her h :c o off, = d k that publication be made in accord Public Advert Statent i rat blank 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, itemised statement covering one -half o/ publication cost, together with copies of publication notices and proof thereof. Two franked envelopes for your use are enclosed here :kith. Very truly yours, STATE LAND BOARD Lewis D. Griffith, Clerk FCDiGS En U. S. District Land Office The Dallea, Oregon By Assistant Clerk e . k THIS IS A GORY 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 D'1)os, Ordor_ February 21, 1945. `r. Lewis D. Griffith, Clerk, State Land Board, Sale:, Oregon. Dear Ur. Griffith: Replying to your letter of February 19, 1945, addressed to W. F. Jackson, now retired, we are glad to state that instructions relat?ve to the publication of State Exchange 03iE / sasre forwarded to your office yester- day. We trust you will find. everything in order. Very truly ;,tours, Register. 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: IN REFERRING TO THIS COMMUNICATION IT IS IMPORTANT THAT YOU MENTION 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 LDG:ASC cc to Lowell Stockman State Land Boar F E S 2 0 °1.5 ALL QUOTATIONS SUBJECT TO PRIOR SALE AND CHANGE OF PRICE WITHOUT NOTICE AND TO FINAL APPROVAL 81 THE STATE LAND BOARD UNITED STATES DEPARTMENT OF THE INTER I O R GENERAL LAND OFFICE DISTRICT LAND OFFICE The Baffles, Oregon. February 20, 1945. State Land Board, Salem, Oregon. Gentlemen: We enclose copy of Commissioner's Decision "F" of February 2, 1945 authorizing publication in exchange application 031S40 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 must be filed here. The voucher for the .payment of the publication is to be forwarded to the General Land Office, Washington, D.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 other . to bring us the publisher's affidavit. Very truly yours, Enc. Register. IN REPLY REFER TO: UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE WASHINGTON 25, D. C. FEB 2 1945 CI SION ADDRESS ON -Y-.THE COMMISSIONER OF THE GENERAL LAND OFFICE Exchange application State of Oregon The Dalles 031$40 "F" Publication authorized. On June 9, 1942, the State of Oregon filed application, The Dalles 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 1Lnd 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 d 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 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 frail the recordthat 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, 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 publisaer, foreman or other employee of the papers, showing the dates of publication, aad all other evidence required by section 4, Circular No. 1398 (55 I.D. 582). The Register's attention is particularly called to the last three Para- graphs of the advertising order. The original order will be forwardel to the State and the copy retained in the District Land Office. Approved: FE- 2? 9 . . i - tan 'ssionbr. Assistant Secretary Attachments (7) C () y UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE Washington, 25, D.C. Feb. 2, 1945. DECISION State of Oregon Exchange applicatior The Dalles .031840 "F" Publication authorized On June 9, 1942, the State of Oregon filed application, The Dalles 03184U, 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 lane 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, i,nnroved 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 Hower 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•,nears from the record that there are no snrings or watering nlaces 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 Lornnany and have been withdrawn and are only subject to selection under secti -n 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 24 of the act of June 10, 1920, as amended, supra. There are attached notices for nublication, 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 cony of this decision end advise him that the notice is to be nublished in the weekly issues of the Pilct 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 I.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 ort9arded to the State and the copy retained in the District Land Office. Approved: Feb. 2, 194. Sgd. Oscar L. Chanrnan Assistant Secretary. Sgd. Joe1.Davic Uolfsoht assistant omm ss. oner. DIARTUTKT OF Tnn =MIMI Gemmel Land Mice, Washes D. C. :r 5 2 19I5 , ice is hereby given that on JUTS 9 1942, the -ate of Oregon wed ap cat icn, The Danes 031840, ewer section 8 of the TariorOrnextg Act of J . 1934(4e Stat. 1269) as ceded by the act of Awe 26 1936 (49 Stat. 1976), to pct the N W , : see. 12, S secs 13, to 4 , l sec. . 4, b a k, 8E = t M sec. 34, T. 16 * *, R. 12 E., lot 3, Sint sec. 3, T. 17 5., ?:. 12 £., vq!sr sec. 29, WIVW1 t'a".a 3771 sec. 320 T. 15 3.0., 13 lot Z, sec* 70 1'. 16 5.t R. 13 ':.,, cc. €35.16x! 10, public c land 3.s ems n for the :S sec . 2, Misr ' . , sec. 3, 4 *ors. 10, BSi9riy$ {i-jj s 11, '. 19 .,. R. 14 E., est. 16, T. 18 5.0 R. 14 .., . V.,10 containing ems. at Stated land. This action in for the purpose of *lifting l parsons claiming the selected lid cr having bons-tide c,bjections to such aspplicup- tl , � rtwd.ty' to file their protests or other objections the 1etrict Lid Mine at The Dulles, Grogan, or in the Viral land Office, t geth r with evidence tht.t a copy of such protest or objection has been served. upon the State, thin 1 !1 �S app. the date of the Commissioner. 'st ,4 - lli t:ton of this notice. ... sL ) Ve�r.Mri11 nrwNr�rw�lm��t First publication UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE DISTRICT LAND OFFICE The Commissioner, General Land Office. Sir: The Dalles, Oregon May 7, 1945. • Serial No.. 031840 Claimant: State of Oregon. Replying to letter " K " Dated: February 2, 1945. Proof of service transmitted. 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, transmi same herewith.) 4 -076 November 1989 GPO ]8 —]2886 IN REPLY REFER TO; UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL LAND OFFICE WASHINGTON 25, D. C. DECISION ADDRESS ONLY THE COMMISSIONER OF THE GENERAL LANI1 OFFICE D R!C. ! F utc " 6? TMII DNS- % ce. ` -s 1 3�•-. T�DAT }s !J• NOV 11 1944 -�= State of Oregon 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 NW4SEl sec. 12, W2SWa sec. 13, NETE4i SE4NE *, SW4SEq sec, 23, NE NE9s NW-4SE4i SEiga sec. 34, T. 16 S., R. 12 E., lot 3, aim.* sec. 3, T. 17 S., R. 12 E., SW *SEq sec. 29, mini, NO-810 sec. 32, T. 15 S., R. 13 E., lot 1 sec. 7, T. 16 S., R. 13 E., in exchange for-the,Si0Wi sec. 2, SE4SE4 sec. 3, Ni Ni sec. 10, NOWT sec. 11, T. 19 S.; R. 14 E., Si sec. 16, T. 18 S., R. 14 E. By decision dated July 10, 1944, the State was required to furnis'z 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 seleoted in lieu of the base lands in T. 19 S., R. 14 E., without further notice. The State has a right of appeal. Attachments 4. K)a)04 I/3 A sistant Commissioner. /1- //- VY 33770. UNITED STATES DEPARTMENT OF THE INTERIOR • OFFICE OF THE SOLICITOR WASHINGTON 25, D. C. srp ? 8 gm The Comissioner, General Lead Offios. n221.gdaW It dumordanos vith pour request ef Septeiber 124 19444 en examination hes been cede of the title data relating to Taylor Griming Unheard:4 the Lallcs 031841 or*, eaveriar 32D ears* of lead in Oesehates CeeetY4 Ovegen. This lead hes bead eviaired to exchange for lewd of equal vales, by' authority of the Ityler Cooties Aft of JUA* 214 i9 (48 Stat. 12694 11124 43 u. s. c. *toe* 3150 3150, as amended by the aot of June 26, 1936 (49 044* 19764 4C s4 C.. see. 31544 The lea is described in the recordedmarrty deed dated Aegnet 14 19444 from the State: ef Oren by the State Land /Ward to the United SUtatt oramerice sad resorded smear the land records of Ompshmtes Comity, in Soak 63 of Deed*, page 1814 The abstract) So. 1114 prepared by Deambutet County Title' end Abstrftea Company tad eocompsaying data disaleee valid title vested le the United States subject to the asendamat of the abstraeterie certificate to show thtt it ens p.opared for Wm nee end benefit of the United Statos. The abstract and related data are returned. 4° Or ths Solicitor, . emalescre Assistant Solicitor. 63?. UNITED STATES DEPARTMENT OF THE INTERIOR GENERAL, LAND OFFICE DISTRICT LAND OFFICE The Commissioner, General Land Office. Sir: The Lalles, Oregon December 2, 1944 Serial No. 031840 Claimant: State of Oregon Replying to letter " " Dated: November 11, 1944 Proof of service transmitted. 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, Acting Register. Enclosures: Registry receipt card. Abstract of Title No. 111 as corrected. cc; Lewis D. Griffith, Clerk State Land Board State of Oregon Salem, Oregon (If additional evidence, appeal or showing made, so state and transmit papers ; if registered letter returned unclaimed, transrr .t same herewith.) 4 -076 November 1939 GPO 16 -12865 L-'s` air\ Juniper Ridge inclusInal Lands Phase 2 / / Legend iunpoer Ridge IndusLial Lands Phase 2 Itjeci Property 1612-34-00-00700 Co unno Zoning EFU -Malta Subtone EFU - Tumalo / Redmond I Bend Subzone FP - Flood Plain MUM° • Multi-Use Agricultural OS&C - Open Space 8 Conservation RC - Rural Cornmercia, RI • Run! Indust,. A-09-02 LR-08-11 Applicant: Central Oregon Irrigation District Owner: State_of-Oregon Parks & Recreation Taxlot: 16-12-34-00-00700 CITY OF REDMOND 475,6 AC, 36.6 AC. *9212 Ac. CENTRAL OREGON eflOtkworb _ DPI IR In US HWY 97 - BEND TO REDMOND PUBLIC LAND OWNERSHIP ADJACENT TO! DIVIDED BY HIGHWAY MAP DATE APRIL 200.q., 0 750 1,500 all CITY (BEND) MB STATE = 1DR OM CITY (REDMD) USA 11111 DES CO • LAND UNDER lATE HIGHWAYS EP LUDED CITY OF BEND CEN 1 RAL OREGON ti US HWY 97 - BEND TO REDMOND PUBLIC LAND OWNERSHIP ADJACENT TO! DIVIDED BY HIGHWAY MAP DATE APRs. 2009 I I 1 1 1 I 0 75'n. c ;.300 Feet - C4T? (BEND) i STATE ]FOR. sis CITY (REDMD) USA as DES CO , ' LAND UNDE STATE HIGHWAYS E CLUDED