HomeMy WebLinkAboutOrder 039 - Set Hrg - Annex into DCRFPDDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 7, 2008
Please see directions for completing this document on the next page.
DATE: April 25, 2008
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2008-039, accepting the Petition and setting date for public
hearing for annexation of Thornburgh Resort Co., LLC into Deschutes County Rural Fire Protectior.
District #1.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On April 17, 2008, Thornburgh submitted a petition to annex Thornburgh Resort Co., Inc., property
located in Township 15 South, Range 12 East, Willamette Meridian, Deschutes County. On April 22,
2008, the County Clerk verified the signaturs and the Petition is deemed filed. Pursuant to ORS
198.857(3), the Board must set a date for a public hearing no earlier than twenty and no later than fifty
days from the date of filing. Order No. 2008-039 attached for Board signature, sets that hearing date
for Monday, June 2, 2008.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Consideration and approval of Order No. 2008-039 as described above.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
Legal Department.
REVIEWED
____eLEAL COUNSEL
a._
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Accepting Petition and Setting Date For
Public Hearing for Petition filed for Thornburgh
Resort Co., LLC Annexation into the Deschutes
County Rural Fire Protection District #1
*
*
*
ORDER NO. 2008-039
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District #1 was duly filed with the Board of County Commissioners of Deschutes County
on or about April 22, 2008, a copy of which is attached hereto as Exhibit "A" and by this reference
incorporated herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that time frame is June 2, 2008; and,
WHEREAS, the Board chooses to also require publication notice for special district annexations;
now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the Deschutes County Rural Fire Protection District
No. 1, a copy of which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Monday, June 2,
2008, at 10:00 a.m. at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County,
Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on May 18 and May 28, 2008, and posted on May 18, 2008, in
three public locations within the county as follows: One notice shall be posted on or near the doors of
the meeting room of the Board of County Commissioners; one notice upon any official bulletin board
customarily used for the purpose of posting public notices within the county; and one notice shall be
posted upon any official public bulletin board customarily used for the purpose of posting public
notices within the proposed district. Notices posted shall be for not less than five (5) consecutive
days.
PAGE 1 OF 2- ORDER No. 2008-039 (5/7/08)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to June 2, 2008 (hearing date), a land use compatibility
statement regarding this proposed special district annexation as contemplated in ORS 197.175 and
199.462, and any other applicable statutory authority.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
PAGE 2 OF 2- ORDER NO. 2008-039 (5/7/08)
SEP -10-2007 MON 02:16 PM COUNTY COUNSEL
FAX N0, 541 617 4748 P. 04
l PETITION TO ANNEX PROPERTY TO
1
e*cLo S (.0),..-kjau,fM El;
(Name of District)
To: Tho Board of County Commissioners
Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.055.
2. This annexation Petition affects only Deschutes County and IleSd*s ((ui,1 Js s' i
(Name or District)
3. The principal act for besc.LA3 Cp0-•-4- R» mss. Prb D;s4.1is
(NBrno of District)
ORS 4+, W28
(Proper statutory reference. see QRS 108.010)
4. The territory that is subject to this Petition for Annexation is primarily inhabited / ninhabiled )
(circle ono). The attached petitions in support of this annexation are signed by Ian owners
and registered voters in the area proposed to be annexed as indicated opposite their
respective signature, and that all signatures were obtained on or after the 1,1 day of
_ , 2002.
5. It is requested that the proceedings be taken for the annexation of said territory to
• ,«a en:;kc 4 %,`t ,. Deschutes County, Oregon. A
description of t o boundaries of the territory to be annexed is attached hereto and marked
Exhibit "A" and depicted on the map attached as Exhibit "B".
6. That said Petition has been signed by at !east 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed.
DATED this _, 0_ day of L-- .200
Name:Mibie.lB (,tt REstp r 051 r u Name:
Address: Imo° o •DX- Z.�y
` k CA - 1'7`1 p1
Phone: OHO sodi - zgo Phone:
Address:
DATED this day of
,200_ Approved by the Board of Commissio ars of
Det cks u�w R3r4t a, P. ' �t-
Name of District-' (s a o_ _4ta_jA-42 e2soC4;ort)
Signature
fay
(Print Name)
Title:
DATED this day of ,200 Approved by City of
Signature
By:
(Print Name)
Title:
C:\Documents and Settings\fauFeklLoral Settings\Temporary Internet Files10LKG\Pelitian to Annex Property to.doc
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SEP -10-2007 KION 02:16 PIS COLT_<, 1' COUNSEL
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FAX NO, 541 7 4748 P. 02
SECURITY DEPOSIT
FOR SPECIAL DISTRICT FOIiIVIATION OR REORGANIZATION
Li i OR.MATION
ANNEXATION i~i WITIIDRAWAL Li DISSOLUTION
D'asc sl+z.% w,cct1rer Pres " District_
Per precinct = $ w (maximum of $10,000)
toad deposit
No. of precincts in district 6$
OILS 196.775
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF C SURITY DEPOSIT
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I. NAME (PRINT),
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MAILING ADDRI3SS (IF DIFFERENT) i'0 Box Z(
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Fire Protection District Annexation
(Not Surveyed)
A parcel of land located in Township 15 South, Range 12 East, Willamette Meridian, Deschutes
County, being more particularly described as follows:
Beginning at the southeast comer of Section 28 of said Township and Range; thence along the
south boundary of said Section 28, North 89°44'49" West a distance of 2605.72 feet to the south
one-quarter corner of said Section 28; thence continuing along said south boundary, North
89°45'08" West a distance of 2605.82 feet to the southwest corner of said Section 28 and the
southeast corner of Section 29 of said Township and Range; thence along the south boundary of
said Section 29, North 89°23'42" West a distance of 2661.15 feet to the south one-quarter corner
of said Section 29; thence continuing along said south boundary, North 89°15'33" West a
distance of 2635.03 feet to the southwest comer of said Section 29 and the southeast corner of
Section 30 of said. Township and Range; thence along the south boundary of said Section 30,
South 89°59'43" West a distance of 2639.43 feet to the south one-quarter corner of said Section
30; thence continuing along said south boundary, South 89°52'19" West a distance of 1002.10
feet to the easterly right-of-way of Barr Road; thence along said right-of-way line the following
one (1) course and one (1) curve:
North 00°20'28" West a distance of 2455.89 feet;
188.80 feet along the arc of a tangent curve to the right with a radius of 1880.00 feet, the chord
of which bears North 02°32'09" East for a distance of 188.72 feet to a point on the south
boundary of the East One -Half of the Northwest One -Quarter (E1/2 NW 1/4) of said Section 30;
thence along the south boundary of said E1/2 NW1/4, South 89°38'21" West a distance of
332.61feet to the southwest corner of said E1/2 NW1/4; thence along the west boundary of said
E1/2 NW1/4, North 00°18'19" East a distance of 2662.85 feet to the northwest comer of said
E1/2 NW1/4; thence along the north boundary of said E1/2 NW1/4, North 89°53'40" East a
distance of 1028.68 feet to said easterly right-of-way of Barr Road;
thence along said easterly right-of-way line the following eight (8) courses and seven (7) curves:
North 04°15'02" East a distance of 1883.55 feet;
632.79 feet along the arc of a tangent curve to the left with a radius of 603.77 feet, the chord of
which bears North 25°46'28" West for a distance of 604.23 feet;
North 55°47'58" West a distance of 243.90 feet;
477.87 feet along the arc of a tangent curve to the right with a radius of 543.79 feet, the chord of
which bears North. 30°37'28" West for a distance of 462.64 feet;
North 05°26'58" West a distance of 2079.04 feet;
816.33 feet along the arc of a tangent curve to the right with a radius of 2834.69 feet, the chord
of which bears North 02048102" East for a distance of 813.51 feet;
North 11°03'02" East a distance of 2108.24 feet;
262.49 feet along the arc of a tangent curve to the left with a radius of 1462.53 feet, the chord of
which bears North 05°54'32" East for a distance of 262.14 feet;
North 00°46'02" East a distance of 353.20 feet;
S:`dand Projects\Cline Butte, DR\iwg\040807-plan\docarcdistrict annexation - boundary.doc
Legal Description — Exhibit A
Page 1 of 4
500.78 feet along the arc of a tangent curve to the right with a radius of 1880.46 feet, the chord
of which bears North 08°23'47" East for a distance of 499.30 feet;
North 16°01'32" East a distance of 468.40 feet;
579.82 feet along the arc of a tangent curve to the right with a radius of 925.38 feet, the chord of
which bears North 33°58'32" East for a distance of 570.38 feet;
North 51°55'32" East a distance of210.63 feet;
525.12 feet along the arc of a tangent curve to the left with a radius of 985.38 feet, the chord of
which bears North 36°39'32" East for a distance of 518.92 feet;
North 21°23'32" East a distance of 5839.99 feet to the southerly right-of-way line of the
McKenzie Highway;
thence along said southerly right-of-way line, South 79°34'08" East a distance of 5414.34 feet to
the east boundary of the Northeast One -Quarter (NE1/4) of Section 8 of said Township and
Range; thence along said east boundary, South 00°56'33" West a distance of 1737.63 feet to the
east one-quarter of said Section 8 and the west one-quarter corner of Section 9 of said Township
and Range; thence along the north boundary of the Southwest One -Quarter (SW1/4) of said
Section 9, North 89°49'36" East a distance of 2708.74 feet to the center one-quarter corner of
said Section 9; thence along the east boundary of said SW1/4, South 00°34'51" West a distance
of 1328.46 feet to the northwest corner of the South One -Half of the Southeast One -Quarter
(S1/2 SE1/4) of said Section 9; thence along the north boundary of said S1./2 SE1./4, North
89°44'57" East a distance of 2699.08 feet to the northeast corner of said S1/2 SE 1 /4 and the
northwest corner of the Southwest One -Quarter of the Southwest One -Quarter (SW1/4 SW1/4)
of Section 10 of said Township and Range; thence along the north boundary of said SW1/4
SW1/4, South 89°58'00" East a distance of 1326.38 feet to the northeast corner of said SW1/4
SW1/4; thence along the east boundary of said SW1/4 SW1/4, South 00°20'12" West a distance
of 1323.94 feet to the southeast corner of said SW1/4 SW1/4 and the northwest corner of the east
One -Half of the west One -Half (E1/2 W1/2) of Section 15 of said Township and Range; thence
along the north boundary of said E1/2 W1/2 of said Section 15, South 89°59'43" East a distance
of 1323.04 feet to the northeast corner of said E1/2 W1/2; thence along the east boundary of said
W1/2, South 00°13'13" West a distance of 5393.31 feet to the southeast corner of said W1/2 and
the northeast comer of the West One -Half (W1/2) of Section 22 of said Township and Range;
thence along the east boundary of said W1/2, South 00°01'41" West a distance of 1302.13 feet to
the northwest corner of the Southwest One -Quarter of the Northeast One -Quarter (SW1/4
NE1/4) of said Section 22; thence along the north boundary of said SW1/4 NE1/4, North
88°49'51" East a distance of 1307.80 feet to the northeast corner of said SW1/4 NE1/4; thence
along the east boundary of said SW1/4 NE1/4, South 00°01'48" East a distance of 1313.64 feet to
the southeast comer of said SW1/4 NE1/4 and the northwest corner of the Northeast One -Quarter
of the Southeast One -Quarter (NE1/4 SE1/4) of said Section 22; thence along the north boundary
of said NEI/4 SE1/4, North 89°20'08" East a distance of 1308.95 feet to the northeast corner of
said NE1/4 SE1/4 and the northwest corner of the Northwest One -Quarter of the Northwest One -
Quarter of the Southwest One -Quarter (NW1/4 NW1/4 SW1/4) of Section 23 of said Township
and Range; thence along the north boundary of said NW1/4 NW1/4 SW1/4, South 89°45'45"
East a distance of 666.35 feet to the northeast corner of said NW 1/4 NW 1/4 S W 1/4; thence along
the east boundary of said NW1/4 NW1/4 SW1/4, South 00°10'39" East a distance of 663.19 feet
to the southeast corner of said NW1/4 NW1/4 SW1/4; thence North 89°46'01" West a distance of
666.71 feet to the southwest corner of said NW1/4 NWI/4 SW1/4 and a point on the east
S:\Land Projccls\Cline Butte DR\dwg\040807-plan\docs\fire district annexation - boundary.doc
Legal Description — Exhibit A
Page 2 of 4
boundary of said NE1/4 SE1/4 of said Section 22; thence along said east boundary, South
00°08'48" East a distance of 663.24 feet to the southeast corner of said NE1/4 SE1/4; thence
along the south boundary of said NE1/4 SE1/4, South 89°18'55" West a distance of 1310.98 feet
to the southwest corner of said NE1/4 SE1/4 and the northeast corner of the Southwest One -
Quarter of the Southeast One -Quarter (SW1/4 SE1/4) of said Section 22; thence along the east
boundary of said SW1/4 SE1/4, South 00°03'33" East a distance of 333.85 feet to the westerly
right -of --way line of the Tumalo-Cline Falls Market Road; thence along said right-of-way line the
following four (4) curves and three (3) courses:
35.19 feet along a non -tangent curve to the left with a radius of 1462.81 feet, the chord of which
bears. South 14°37'08" West a distance of 35.19 feet;
South 13°55'48" West a distance of 807.50 feet;
841.01 feet along the arc of a tangent curve to the right with a radius of 925.47 feet, the chord of
which bears South 39°57'48" West for a distance of 812.37 feet;
South 65°59'48" West a distance of 402.90 feet;
1223.53 feet along the arc of a tangent curve to the Left with a radius of 2894.82 feet, the chord
of which bears South 53°53'18" West for a distance of 1214.44 feet;
South 41°46'48" West a distance of 2285.26 feet;
535.05 feet along the arc of a tangent curve to the right with a radius of 2835.55 feet, the chord
of which bears South 47°11'08" West for a distance of 534.26 feet to a point on the east
boundary of the Southeast One -Quarter (SE1/4) of said Section 28;
thence along said east boundary, South 00°56'04" West a distance of 1932.31 feet to the point of
beginning, the terminus of this description.
Excepting Therefrom:
Beginning at the northwest comer of Section 16 of said Township and Range; thence along the
north boundary of the Northwest One -Quarter (NW 1/4) of said Section, North 89°40'45" East a
distance of 2704.48 feet to the north one-quarter comer of said Section 16; thence along the
north boundary of the Northeast One -Quarter (NE1/4) of said Section 16, North 89°40'28" East a
distance of 2702.95 feet to the northeast comer of said Section 16; thence along the east
boundary of said NE1/4, South 00°26'22" West a distance of 2640.57 feet to the east one-quarter
corner of said Section 16; thence along the south boundary of said NE1/4, South 89°28'55" West
a distance of 2689.05 feet to the center one-quarter corner of said Section 16; thence along the
east boundary of the Southwest One -Quarter (SW1/4) of said Section 16, South 00°08'10" West
a distance of 2693.31 feet to the south one-quarter comer of said Section 16; thence along the
south boundary of said SWI/4, North 89°47'34" West a distance of 2729.45 feet to the southwest
corner of said Section 16; thence along the west boundary of said Section 16, North 00°24'21"
East a distance of 5317.87 feet to the point of beginning, the terminus of this description.
Also Excepting Therefrom:
Beginning at the southeast corner of said Section 29; thence along the south boundary of said
Section 29, North 89°23'42" West a distance of 1330.57 feet to the southeast comer of the
Southwest One -Quarter of the Southeast One -Quarter (SW1/4 SE1/4) of said Section 29; thence
S:\Land Projects\Cline Butte DR\dwg\040807-plat Iocs\fire district annexation - boundary.doc
Legal Description — Exhibit A
Page 3 of 4
along the east boundary of said SW1/4 SE1/4, North 01°15'50" West a distance of 1327.53 feet
to the northeast corner of said SW1/4 SE1/4; thence along the north boundary of said SW1/4
SE1/4, North 89°15'44" West a distance of 1326.28 feet to the northwest corner of said SW1/4
SE1/4 and the northeast corner of the South One -Half of the Southwest One -Quarter (S 1/2
SW1/4) of said Section 29; thence along the north line of said S1/2 SW1/4, North 89°12'18"
West a distance of 2613.32 feet to the northwest corner of said S1/2 SW1/4 and the northeast
corner of the Southeast One -Quarter of the Southeast One -Quarter (SE1/4 SE1/4) of said Section
30; thence along the north boundary of said SE1/4 SE1/4, South 89°46'54" West a distance of
1317.64 feet to the northwest corner of said SEI/4 SE1/4; thence along the east boundary of the
West One -Half of the Southeast One -Quarter (W1/2 SE1/4) of said Section 30, North 00°02'56"
West a distance of 1329.16 feet to the northeast corner of said W1/2 SE1/4 and the southeast
comer of the West One -Half of the Northeast One -Quarter (W1/2 NE1/4) of said Section 30;
thence along the east boundary of said W1/2 NE1/4, North 00°05'11" West a distance of 1325.46
feet to the southwest corner of the Northeast One -Quarter of the Northeast One -Quarter (NE1/4
NE1/4) of said Section 30; thence along the south boundary said NE1/4 NE1/4, North 89°46'00"
East a distance of 1317.82 feet to the southeast corner of said NE1/4 NE1/4 and the southwest
corner of the North One -Half of the Northwest One -Quarter (N1/2 NW1/4) of' said Section 29;
thence along the south boundary of said N1/2 NW1/4, South 88°57'37" East a distance of
2586.84 feet to the southeast corner of said -N1/2 NW1/4; thence along the east boundary of said
N1/2 NW1/4, North 00°16'30" West a distance of 1315.54 feet to the northeast corner of said
N1/2 N W1/4 and the northwest corner of the Northeast One -Quarter (NE1/4) of said Section 29;
thence along the north boundary of said NE1/4, South 89°16'27" East a distance of 2590.72 feet
to the northeast corner of said Section 29 and the northwest corner of said Section 28; thence
along the north boundary of said Section 28, South 89°45'33" East a distance of 2707.84 feet to
the north one-quarter of said Section 28; thence continuing along said north boundary, South
89°37'12" East a distance of 2719.27 feet to the northeast corner of said Section 28; thence along
the east boundary of said Section 28, South 00°53'32" West a distance of 2639.93 feet to the east
one-quarter corner of said Section 28; thence continuing along said east boundary, South
00°56'04" West a distance of 1319.71 feet to the northeast corner of the South One -Half of the
South One -Half' (S1/2 S1/2) of said Section 28; thence along the north boundary of said S1/2
S1/2, North 89°43'04" West a distance of 5266.70 feet to the northwest corner of said S1/2 S1/2;
thence along the west boundary of said S1/2 S1/2, South 01°27'20" East a distance of 1323.13
feet to the point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common and
apparent on the land.
REGISTERED
PROFESSIONAL
LEND SUR —YOR
OREGON
JULY 19, 1994
DAVID R. WILLIAMS
2686
RENEWAL DATE: 06/30/08
1
S:\Land Projccls\Cline Butte DR\dwg\040807-plankdocs\fire district annexation -boundary.doc
Legal Description — Exhibit A
Page 4of4
•
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PREPARED BY:
SUR & PLANNERSERS
HICKMAN,, WILLMMS & ASSOCIATES; INC
688 NW YORK OR/1M BEND, OREGON 97701
PHONE (641) J68-9311
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PROPOSED FIRE PROTECTION DISTRICT
ANNEXATION
040807 -FD. DWG
Map — Exhibit B
Page 1 of 1
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Com* ofDeschutes
Sate of Oregon
as. SUBSCRIDBDAND SWORN to before me this
SCHUTES COUNTY RURAL FIRE PROTECTION DIST., NO..1
State of Oregon
County of n h( "QCj
On this 2q day of Oartty , 20al , personally appeared before me the above named
Ale*" 0i l.e-ft , and acknowledged the foregoing instrument to be
his/her/their voluntary act and deed.
WITNESS My hand and official seal.
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�s�'►, OFFICIAL SEAL
ROBERTA DURIGHELLO
NOTARY PUBLIC -OREGON
COMMISSION NO. 376013
MY COMMISSION EXPIRES JAN. 04, 2008
Notary Public for Oregon
My Commission expires: 1 014/6
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County of Deschutes
Suitt of Oregon
t, tl' I�-&Slit urtk-
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, 20 (01
certify tont 1 eircuh'pa
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this ;volition did �n
Notary Public fur Orogon ,
My Commission lispileSt
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OFFICIAL SEAL
LESLIE SCHAUER
IOTARY PUBLIC -OREGON
:.OMMISSION NO 422114
:. MY COM utISSION EXPIRES OCT. 7, 2011
1BSNf10O A.LNnoO Nd 9 i ; z0 NOW LOOz-OI-ES
SEP -10-2007 15:51
AMERITITLE REDMOND 1 541 923 5427 P.O11
APPOINTMENT AS
AGENT OF RECORD
I. Everett Thornburgh, Ambers Thornburgh, and Agnes peLashmutt, Trustees of The Trail
Crossing Trust do hereby appoint Kameron DeLashmutt my agent of record for all purposes
relating to the :filing of an applioatiioo for land use on our property located at Cline Falls
Highway. This property is located in Township 15, .Range :12, Sections 28, 21, 20, and 17 of
Deschutes County, Oregon. This will pertain to the filing of any land use applications with
Deschutes Co:unfy, or filing any response to appeal presenting and prosecuting a Measure 3.7
claim, submission of application for water rights, and any and all inclusion proceedings with
provisions of water, and other services.
Agreed and appointed as of this % At. day of tom' ).t_,, 2005:
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OFFICIAL SEAL
LESLIE SC IAUER
NOTARY PUBLIC -OREGON
COMMISSION NO. 422114
COMMISSION EXPIRES OCT. 7.2011
BENDCABLE
Communications, LLC
1144 Willagillespie Rd. P.O. Box
Suite 33 70006
Eugene, Eugene,
Oregon Oregon
97401 97401
(541)
683-4511
FAX
(541)
683-3525
February 28, 2008
To Whom It May Concern:
I, Thomas H. Palmer, am the Treasurer of and an authorized signer for Bend Cable
Communications, LLC. At the time the subject property was acquired, the name
of the company was BCC, LLC, but was changed to Bend Cable Communications,
LLC on March 1, 1999, as shown on the attached.
Please do not hesitate to call if you have any questions.
Cordially,
Thomas H. Palmer
Treasurer
Connecting Your World Like Never Before.
ttS�ti dit.1 3a25 TYKESONIASSOC .
11: IS r•Mx I ' r 5133 294 9167
Phone': (60311M-2200
Fu: (503137&.4381
Samary of State
Corporation Division
255 Capitol St NE. Suite 151
Salon". OR 07310-1321
663169-86
r Numtler.
laditiOnal Sheet if Necessary
rype or Print L.egIbly in Black Ink
3-01-99
1002/003
e9 t 28it P.03
Articles of Amendment --Limited Liability Ccrnpany
......,.....,,,..,,_.,. ...,.�
For office use only
IE PRIOR TO AME? MENT
BCC, LLC
'FOLLOWING AMENDMENT(S) TO THE ARTICLES QP ORGANIZAT1oN IS MAOG HCM.EBY. maim dor amide ^uma.r(s) an./ nAr tom a.. aAey{N w tt tr
'did °A mad.) See attached
ASE CHECK me APPROPRIATE STATEMENT
amendment adopted by the managerial v.:Ihouh member action. Member action was not required.
of adaption of each em.ndment
amenument(a) Was approved by the /lmermen-ifs. 100 Percent of the members epprovoo the amm
endent(3),
of adoption of s=eha•nendmont 3//
99
GUTION (kkag los si Tied by at Ieatt ons member or manager.)
ed Name
somas H. Palmer
rrACT Hu.E
• :'1a11Srstra
Tido
Treasurer
DAYTIME PHOAIE NUMBER
(4n 294-9.43...
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wks or.0 b. 110 D.Va .
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Amendment of Articles of Organization
BCC, LLC
The undersigned members of BCC, LLC hereby amend ARTICLE I of the Articles of
Organization of' the Company to read as follows:
"ARTICLE I
The name of the limited liability company (the "Company") is Bend Cable
Communications, LLC."
This amendment is effective as of March 1, 1999.
Bend Cable Properties, Inc. (formerly Bend Cable
Communications, Inc.)
By:
Its:
Falcon Community Cable, L.P., a Delaware limited
partnership
By: FALCON COMMUNITY INVESTORS, L.P., a
California limited partnership, General Partner
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PDX4-136486.1 13911-0001
By: FALCON HOLDING GROUP, INC., a
California corporation, General Partner
By:
Its:
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County of Deschutes )
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ss SUBSCRIBED AND SWORN to before nie this
day of , 20
1, , certify that I circu]sIM
Otis petition, and every person who signed this petition did so
in n0' plume.
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My Commi
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Epires: _
State of Oregon
County of Deschutes
This instrument was acknowledged before me on September , 2007 by Kameron DeLashmutt as Member for
Thornburgh Resort Company, LLC.
(Notary Public for Oregon)
My commission expires
State of Oregon
County of Deschutes
This instrument was acknowledged before me on Septembe
, 2007 by Kameron DeLashmutt as agent for
Trail Revocable Crossings Trust (Everett Thornb , mbers Thornburgh, and Agnes DeLashmutt, Trustees).
(Notary Public for Oregon)
My commission expires
State of Oregon
County of Deschutes
This instrument was acknowledged before me on September , 2007 by Kameron DeLashmutt as agent for
Eva Thornburgh Credit Shelter Trust (Everett Thornburgh, Ambers Thornburgh, and Agnes DeLashmutt, Trustees).
(Notary Public for Oregon)
My commission expires
State of California
County of Riverside
On 11 -19 -01 , 200'1 before me,An i b L%E(,4y -Nor-41
(DATE) (NAME/TITLE OFFICER-i.e. "JANE DOE, NOTARY PIJBLIC')
personally appeared
(NAME(S) OF SIGNER(S))
J 6100 E , Eoei SoN — .grA2hA1L L. FJ€N.SJ/q
❑ personally known to me - OR -
OAVID WEL
COMM. M. 187Y
NOTARY PUBLIC • CALIFORNIA 3
RNERSIOE COUNTY
` •"'7 � i:011r111S31011 S lam. f 8, 2009
(SEAL)
proved to me on the basis
of satisfactory evidence to
be the person(s) whose
name(s) is/are subscribed
to the within instrument
and acknowledged to me
that he/she/they executed
the same in his/her/their
authorized capacity(ies),
and that by his/her/their
signature(s) on the
instrument the person(s),
or the entity upon behalf of
which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
(SIGNATURE OF
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document b S ch 06, 5, FlQ.
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 2- Date of Document l !! 7 -4 -7
DESCRIBED AT RIGHT:
Signature Other Than Named Above
ALL PURPOSE ACKNOWLEDGEMENT WITH SIGNER CAPACITY/REPRESENTATIOWPWO FINGERPRINTS
RIGHT THUMPRINT (Optional)
TOP OF THUMB HERE
CAPACITY CLAIMED BY SIGNERIS)
❑ INDIVIDUALS
❑ CORPORATE
OFFICER(S)
(TREES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
O ATTORNEY IN FACT
O TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
O OTHER
SIGNER IS REPRESENTING:
(Name o1 Person(s) or Entity(ies)
RIGHT THUMPRINT (Optional)
TOP OF THUMB HERE
CAPACITY CLAIMED BY SIGNER(S)
O INDIVIDUALS
0 CORPORATE
OFFICER(S)
(TITLES)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY IN FACT
❑ TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
Eti
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RESIDENCE ADDRESS (If Dif Brent)
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OFFICIAL SEAL
LESLIE SCHAUER
NOTARY PUBLIC -OREGON
COMMISSION NO. 422114
COMMISSION EXPIRES OCT. 7, 20
lBSN1100 AINI100 Wd 9i:al NOW Looe -o1 -ns
TENANTS-IN-COMMON CERTIFICATE
This Tenants -in -Common Certificate is made by Thornburgh Resort Company, LLC ("TRC")
and Parker Group Investments, LLC ("PG").
Background
A. TRC and PG own, as undivided tenants in common, the following real property located in
Deschutes County, Oregon: Tax Lots 5000, 5001, 5002, 7700, 7701, 7800, 7801, 7900
(the "Properties").
B. TRC and PG have entered into two tenants-in-common agreements, each dated June 26,
2007, governing their ownership of the Properties (the "TIC Agreements").
C. TRC and PG now wish to certify certain aspects of the TIC Agreements relating to the
development of the Property.
By signing below, TRC and PG each certify as follows:
1. Pursuant to the TIC Agreements, TRC, acting through its manager, Kameron
DeLashmutt, is the agent of record and attorney-in-fact for PG and TRC for all
purposes relating to the Properties, including, without limitation, applications for the
annexation of the Properties into Deschutes County Rural Fire Protection District,
No. 1.
2. TRC is authorized to execute any and all applications, on behalf of TRC and PG,
relating to water rights, land use approvals, or the development of the Properties,
including, without limitation, applications for the annexation of the Properties into
Deschutes County Rural Fire Protection District, No. 1.
Dated effective: Jam , 2008
fir. t 2 -
Thornburgh Resort Company, LLC
By:
' am: " . DeLashmutt, ma a., r
Parker Group Investments, LLC
Bv:
1 - TENANTS-IN-COMMON CERTIFICATE
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State of Orton )
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OFFICIAL SEAL
LESLIE SCHAUER
NOTARY PUBLIC -OREGON
MY OiO5SI0NEXPON NO. 422114
IRE 7 2011
13SN1100 AINf100 Nd 9120 NOW LOOZ-O1-ES
SEP -10-2007 15:52
AMERITITLE REDMOND
APPOINTMENT AS
AGENT OF RECORD
1 541 923 5427 P.012
I, Harry Kem, Trustee of The Cline Buttes Trust do hereby appoint Kameron DeLashmutt
my agent of record for all purposes relating to the filing of an application for land use on
our property located at Cline Falls Highway. This property is located in Township 15,
Range 12, Sections 29 & 30, Tax lot It 7800 in Deschutes County, Oregon. This will
pertain to the filing of any land use application with Deschutes County, or filing any
response to appeal, submission of application for water rights, and any and all inclusion
proceedings with providers of water, and other services.
Agreed and appointed as of this yy' day of February, 2005:
By: /
TOTAL P.012
County of 1)csci utcs
&tutu or Oregon
t, k0A44-436..I1-__Ds-
this petition, anti suety pc
in my prcMcnncc
SS.
SUItSCRIAL'r) Mb STV�(ORN tv hefure inc thi
7 thy of _ _ �ij�ri l , 20
certify that 1 circuhNa
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OFFICIAL_ SEAL
LESLIE SCHAUER
NOTARY PUBLIC -OREGON
tsotary Public fur Orogonfir° i COMMISSION NO. 422114
1
My Commission xpiies fo 7 AV', MY COMMISSION EXPIRES OCT. 7r 2011
BVL L19 1b9 '0N WA
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13SNf100 AINf100 Wd 9120 NOW LOOZ-0I-ES
SEP -10-2007 15:51 A. .BITITLE REDMOND ( 1 541 923 5427 P.009
APPOINTMENT AS
AGENT OF RECORD
I, Agnes DeLashmutt do hereby appoint Kameron DeLashmutt my agent of record for all
purposes relating to the filing of an application for land use on our property located at
Cline Falls Highway. This property is Tax Lot #15 12 30 #8000. This will pertain to the
filing of any land use application with Deschutes County, or filing any response to
appeal, submission of application for water rights, and any and all inclusion proceedings
with providers of water, and other services.
Agreed and appointed as of this day of February, 2005:
By:
County or Deschutes )
tiv foteme
&MuofOfti M ) �� �°� - P, �a-� f..,OFFICIAL SEAL
I.j' LESLIE SCHAUER
O `� �'1 sad
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OM "'' wdcrory w}aosigaeulBtpeGuoad�dRo Le. -ice COMMISSI NO. 422114
t,oemyPublic 9,rOrogen to/-/ �d (' M COMMISSION EX ES OCT. 7, 2011
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OFFICIAL SEAL
LESLIE SCHAUER
NOTARY PUBLIC -OREGON
COMMISSION NO. 422114
COMMISSION EXPIRES OCT. 7, 2011
13SN110O AMMO lid 0120 NOW LOOZ-0 t-d3S
Jan 18 08 03:07p
Oregon
Department
of State Lands
FAX 'TRANSMISSION COVER SHEET
1645 NE Forbes Road, Suite 112
Bend, OR 97701
phone: (541) 388-6112
fax: (541) 388-6480
FROM: _Nancy Pustis Ph. No. _(541) 388-6355
TO:
Age':. s \-,.1 Cr' ---Title
Fax # C57:11) `f �� — r 7
Section:
Comments:
• DateSent:_itP4e SPFime Sent:_ - N rnber of Pages (incl. cover)
FQ urckosc\Fax Cover.doc
p. 1
Jan 18 08 03:08p
p.c
regon
Theodore R. Kuiongovski, Governor
May 24, 2006
To:
From:
Subject:
MEMORANDUM
Interested Persons
Louise Solliday
Director
Department of State Lands
775 Summer Street NE, Suite 100
Salem, OR 97301-1279
(503) 378-3805
FAX (503) 378-4844
www_oregonstatelands.us.
19 ECEWEE
OSL 8ENID
State Land Board
Theodore R. Kulongoski
Governor
Bill Bradbury
Secretary of State
Randall Edwards
State Treasurer
DELEGATION OF AUTHORITY TO SIGN OFFICIAL DOCUMENTS
As Director of the Department of State Lands and under authority of ORS 273.175 and
subject to compliance with aJI applicable statutes, rules, policies and procedures (e.g.,
Department of Justice contract review requirements), I hereby appoint and designate
the following persons and alternates to sign, approve and execute certain official
documents which are by law, rule or other authority to be executed by the Director.
I. DEEDS LEASES, EASEMENTS AND OTHER CONTRACTS AUTHORIZING USE
OF STATE LAND AND MANAGEMENT AND ENFORCEMENT ACTIVITIES (e.g.,
any and all interests in state-owned submerged and submersible land and
uplands managed by the Department)
A. The Assistant Director for Land Management and the Eastem Region Manager
for Land Management, acting under the direction of the Assistant Director for
Land Management, have authority to approve and sign leases, easements, and
other forms of contracts authorizing uses of state land that call for payments
totaling less than $100,000 over the term of the lease, easement, or other form of
contract. Leases, easements, or other forms of contracts calling for payments
totaling $100,000 or more require the signature of the Assistant Director for Land
Management. This authority does not apply to documents relating to property
held by the Department of State Lands as a result of escheat or estate
administration, as described in Section VIII or to South Slough National Estuarine
Research Reserve, as described in Section X.
B. The Assistant Director for Land Management and the Eastem Oregon Region
Manager for Land Management, acting under the direction of the Assistant
Director for Land Management, and any others as sub -delegated in writing, as
approved by the Director, shall have authority to sign documents related to the
management of state lands and the enforcement of contracts and agreements.
Jan 18 08 03:08p p.4
C. Any land sale, exchange or other permanent disposition of state land must be
approved and signed by the Director, or the Assistant Director for Land
Management in the Director's absence.
II. MINERAL RELEASES
A. The Assistant Director for Land Management shall have the authority to release
mineral rights from state-owned lands in accordance with OAR 141-073 Minerals
Reservation and Release, not to exceed $10,000.
B. In the absence of the Assistant Director for Land Management and the Director,
the Eastern Region Manager for the Land Management Division may release
minerals as described in A. above.
111. DETERMINATION OF OWNERSHIP OF DEPARTMENT -OWNED LAND OR
INTERESTS IN LAND
A. The Assistant Director for Land Management and the Eastern Region Manager
for Land Management, acting under the direction of the Assistant Director for
Land Management, shall have authority to make determinations of Department
ownership in land or interests in land in circumstances requiring such
determinations (e.g., lease, sale, exchange, easement, public use issue)
pursuant to the rules and policies of the State Land Board. This does not include
the authority to make navigability declarations as provided in ORS 274.
IV. REMOVAIJFILL PERMITS. INCLUDING SCENIC WATERWAY .REMOVAUFILL
PERMITS, GENERAL AUTHORIZATIONS AND EMERGENCY
AUTHORIZATIONS AND JURISDICTIONAL DETERMINATIONS (ORS 196 AND
390)
A. The Assistant Director for Wetlands and Waterways Conservation and the Western
Region Manager and the Eastern Region Manager for Wetland and Waterways
Conservation, acting under the direction of the Assistant Director for Wetlands and
Waterways Conservation, have the authority to sign documents relating to the
issuance or denial of permits or enforcernent or other authorizations for activities
regulated under ORS Chapter 196 and 390. They may also delegate signature
authority to the respective Resource Coordinators to sign documents related to
the issuance or degial of General Authorizations and Emergency Authorizations
involving removals and/or fills of 500 cubic yards or less.
B. The Assistant Director for Wetlands aiid Waterways Conservation has the authority
to sign documents relating to the expenditure of funds from the Oregon Mitigation
Bank Revolving Fund (ORS 196), subject to budget limitations.
2
Jan 18 08 03:08p p.`f
C. The Assistant Director for Wetlands and Waterways Conservation, the Westem
and Eastern Region Managers for Wetlands and Waterways (and others to
whom they have subdelegated in writing) and the Wetlands Program Manager
shall have authority to approve jurisdictional determinations as defined by
administrative rule.
V. LOCAL WETLAND INVENTORIES AND WETLAND DELINEATIONS
A. The Assistant Director for Wetlands and Waterways Conservation shall have authority to
approve Local Wetland Inventories (LWI) completed in compliance with applicable
administrative rules, as well as to approve LWI grant awards, agreements and payments.
B. The Assistant Director for Wetlands and Waterways Conservation (and others to
whom the Assistant Director for Wetlands and Waterways Conservation has sub
delegated in writing) shall have authority to approve wetland delineations when
completed in compliance with applicable rules.
VI_ FINANCE AND ADMINISTRATION
A. The Assistant Director for Finance and Administration or, in absence of the
Director and Assistant Director for Finance and Administration, the Fiscal
Manager, Assistant Director for Land Management or Assistant Director for
Wetlands and Waterways Conservation have authority to sign the following:
1. Except as set out in Sections IV, V, VIII and X, documents pertaining to the
procurement of supplies and services acquired by the Department of State
Lands, South Slough National Estuarine Research Reserve and the Natural
Heritage Advisory Council (including purchase requests, contracts, and
similar documents);
2. All official receipts required to be given by the Department (including receipts
required under ORS 116.203);
3. All documents relating to the expenditure of funds, payments and transfer of
funds, provided the Director is informed in advance and approves in writing
any expenditures in excess of agency budgeted or intemally allotted items;
4. All financial statements, requests for foreclosure, collection actions,
bankruptcy filings, and similar documents; and
3
Jan 18 08 03:08p
P.
5. Requests for Legislative Emergency Board action, annual budget
authorizations, allotments and similar documents. However, all requests for
Emergency Board action shall be coordinated with and approved in advance
by the Director and the State Land Board.
VII. PERSONNEL
A. The Human Resource Manager has authority to sign all documents relating to
personnel actions, performance reports and other actions required in the
administration of the personnel functions and in connection with "Appointing
Authority" responsibilities. The Human Resource Manager has signature
authority up to $1,000.
VIII. ESTATES AND UNCLAIMED PROPERTY PROGRAM
A. Any person designated as an Estate Administrator by the Director shall have
authority to sign all documents relating to the administration of the Estates
Program, except court filings for estates where the Director has been appointed
as Personal Representative.
An Estate Administrator shall have authority to sign for the payment of expenses
and other disbursements related to Estates in the same amounts as described
for agency budgeted expenses under Section IX.
B. The Assistant Director for Finance and Administration has signature authority to
approve Unclaimed Property claims up to $100,000. The Assistant Director for
Finance and Administration may delegate in writing, signature authority to
approve Unclaimed Property claims up to $50,000 to the Unclaimed Property
Manager. The Assistant Director for Finance and Administration may delegate
signature authority to the to approve holder or other business claims where the
business is the claimant for up to $100,000. Claims over $100,000 must have
final review and approval of the Director.
IX. PURCHASE ORDERS. CONTRACTS, AND PURCHASE AGREEMENTS
A. In addition to authorities indicated in Sections IV, V and VI, the Assistant
Directors have authority to sign for agency budgeted and intemally allotted
expenses, including unanticipated emergency expenses, within their respective
program areas, in the amounts of $25,000 or less. They may also delegate, in
writing, signature authority up to $1,000 or less to appropriate members of their
respective staff. The Assistant Director for Finance and Administration may
delegate in writing signature authority up to $5,000 or less to the Fiscal Manager.
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B. The Manager for the South Slough National Estuarine Research Reserve and the
Business Manager for South Slough have authority to sign for agency budgeted
and internally allotted expenses, including unanticipated emergency expenses,
within the Manager's program area, in the amounts of $1,000 or less. Any
expenditure for meals must receive prior authorization by the Director or
Assistant Director for Finance and Administration or Fiscal Manager.
X. SOUTH SLOUGH NATIONAL ESTUARINE RESEARCH RESERVE
MANAGEMENT
A. The Manager of the South Slough National Estuarine Research Reserve shall
have authority to enter into agreements as are necessary to manage and operate
the Reserve, except as limited by ORS 273.553 to 273.558, 291.375 and
Sections VI, VII and IX of this delegation.
XI. USFWS GRANT DOCUMENTS
A. In the absence of the Director, the Assistant Director for Finance and
Administration shall have authority to sign grant documents for the U.S. Fish and
Wildlife Service.
XII. BALLOT MEASURE 37
A. In the absence of the Director, the Assistant Director for Finance and
Administration shall have authority to review and approve draft and final Staff
Reports and Recommendations, approve and execute Final Orders relating to
claims for compensation or waivers in lieu of compensation, and execute any
correspondence necessary on behalf of the Director. In the absence of the
Director and the Assistant Director for Finance and Administration, the Finance
Manager will be designated the same authority as above.
XIII.ACTING DIRECTOR
A. In the absence of the Director, the Assistant Director of Administration and
Finance and the Assistant Director designated as Acting Director shall have the
same signature authority as the Director.
c: Theodore Kulongoski, Governor
Bill Bradbury, Secretary of State
Randall Edwards, State Treasurer
Mike Graybill, SSNERR
Lindsay Ball, Director, DAS
DSL Management Team
H:1Directoi Memosl20E1RSignanvt Authority Louise S 5.06.doc
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EXHIBIT "B"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Thornburgh Resort Annexation to the
Deschutes County Rural Fire Protection District #1, will be held on Monday, June 2, 2008, at
10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall
Street, Bend, Oregon.
To view the boundaries of the proposed annexation, contact the Deschutes County Counsel's
Office at 388-6624.
The purpose of the proposed annexation is to provide fire protection services for the
inhabitants of the proposed area to be annexed. All interested persons may appear and be
heard.
Deschutes County conducts public meetings in locations which are wheelchair accessible.
Deschutes County also provides reasonable accommodations for persons with disabilities. For
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours
notice of the request. Written information will be made available in Targe print or audio format.
To request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
To be published in The Bulletin: May 18 and May 28, 2008
To be posted: May 18,2008
EXHIBIT "B" - ORDER No. 2008-039 (5/7/08)