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HomeMy WebLinkAbout2010-08-18 Work Session Minutes Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, AUGUST 18, 2010 ___________________________ Present were Commissioners Dennis R. Luke and Alan Unger; Commissioner Tammy Baney was out of the office. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Kevin Harrison, Community Development; David Inbody, Assistant to the Administrator; Mike Berry, Surveyor; media representative Hillary Borrud of The Bulletin; and approximately twenty-five other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Lechner Estates Subdivision (Dustan Road) Lot Line Problems – Next Steps. Dave Kanner gave an overview of the issue, where the deed boundaries do not match the historic lines of occupation, creating problems transferring title. He emphasized this is a problem created many years ago before land use was developed and not a County problem, but the County wants to help the property owners resolve the situation. The County agreed to change Code to allow for the lot line adjustments, and also to provide a new aerial survey of the area. Mike Berry, County Surveyor, said that the tax lot lines on the map are accurate to within about five feet. Dave Inbody explained that he has been the main contact in trying to work through this process. He met with the citizens met last fall, and previously department personnel to try to find a solution. A nine-step process was developed, and the first few steps have been initiated. If lots are smaller than ten acres, according to Code they were not allowed to be adjusted more than 10%, so the law had to be changed to allow this. Kevin Harrison handled this process. Kevin Harrison said that the Code amendment removed this barrier to making this change. This process is complete, so lot line adjustments can be made there now regardless of the size of the lots. Minutes of Board of Commissioners’ Work Session Wednesday, August 18, 2010 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Wednesday, August 18, 2010 Page 2 of 7 Pages Mr. Inbody said the second step was a lot of record verification for the properties. Mr. Harrison stated that a lot of record is on property that was created under the laws at the time, but no permits can be issued unless it is a legal lot of record. There are 41 properties involved. He has identified all but 17 as legal lots of record. Those remaining 17 will have to make application and clear up the deed record. It is not a platted subdivision, so there is no historical record. They need to know when and how it was created and what laws were in place at the time. The Assessor will provide a tax lot card as a starting point. Everett Turner said it is hard to realize how far back this occurred, prior to land use laws. In 1971 land use laws started and subdivisions were required to go through a subdivision process. They are legal lots of record today because they were created before land use laws. There was no requirement to record until 1971, so there are many contracts out there that were never recorded. If this process has not been done, the current owner has to do it. In addition, before 1973 there may not be building permits recorded as all that was required was an electrical permit from the State. Now the banks would require it to finance loans, and a building permit may require verification whether there is a lot of record. Mr. Harrison said some properties show no history. This is a research problem because they are not in the system. It is not so much when it was purchased as much as what happened when it was first sold. Commissioner Luke stated that the Assessor would have more information if the property was never developed. Mr. Harrison said that a lot of record verification needs a copy of the tax lot card, which would show any deeds of contract, which the Clerk could help locate. The questions are, when was it created, how to find the right deed and contract, and whether the description matches what is there today. Mr. Inbody said the second step is the lot of record verification. The third step is a survey, including an aerial photograph. Mr. Berry worked with the contractor who put an aerial photograph together. (He referred to an oversized aerial photo.) Survey points were determined, and the information from the aerial was transferred to a map. Many of the features were surveyed, but this would not include underground utilities or septic drain fields. Minutes of Board of Commissioners’ Work Session Wednesday, August 18, 2010 Page 3 of 7 Pages The problem began when a timber cruiser, who was not a licensed surveyor and was hired by the property owner, assumed the road was in a different location than it actually was. Some areas are off by as much as fifty feet. Ultimately, the stakes and descriptions did not match, and the subdivision was not recorded. Commissioner Luke stated that today a map and other information would have to be recorded, and the information verified. It is thought that the same person mapped other places in the area that have the same problem. Mr. Berry noted that the aerial mapping included other areas that are thought to be affected in this manner. Kevin Harrison referred to a copy of an Assessor’s card and explained what the columns and numbers mean. Mr. Inbody stated that the next step is to go through a survey process, either individually or as a group. The adjustment can then occur, which means each lot would need to make a shift so that the actual use – the lines of occupation – can be shown. Mr. Berry stated that all property owners would have to be involved in the survey because deeds would have to be written on all, with a new description for each. He may be able to verify other surveys recently done by several property owners. Mr. Inbody explained that without all 41 properties participating, it would be hard to make an adjustment. The County had property to kick in if needed for adjustments. Residents Ken Mullenex and others have been notifying people at their own cost because they want to see this issue resolved. He feels that the County is responsible for some of this. It has been this way for a long time and for the most part, it was ignored by the County and others. He feels the County has now stepped forward to finally help resolve the problem. It is not unique to this county. Some things need to be mitigated. He feels that the owners will have to help with the cost, or it will be a problem for years to come. He appreciates the County’s involvement, and added that there are other things that need to be discussed as well. There are some with lots of record but others do not have this in place. Minutes of Board of Commissioners’ Work Session Wednesday, August 18, 2010 Page 4 of 7 Pages Mr. Mullenex said the issue is the historical boundaries. There are fences and structures everywhere. It should not be that hard to do but everyone has to agree to participate to make these boundary shifts. Dave Bancroft asked about the value of the aerial survey that was done. Mr. Berry said that a surveyor doing this work would not have to find every corner or pin because of the recent aerial survey. They do not want to have every single property surveyed separately, especially if there was more than one surveyor involved. One company or survey crew would be best. Someone said that a friend surveyed three parcels for someone, and wondered if that would be helpful. Mr. Berry stated that it just shows what the deeds are now and not the historic areas of occupation. Some parcels have never been surveyed. The historic boundaries and uses need to be determined and deeds written to match. The question was raised as to how much it will cost to get the property surveyed. Everett Turner said that more research regarding the aerial survey needs to be done, using someone who can do a proper survey matching up the aerial with the on the ground historic use. Most of the original pins are there. Mr. Berry said they will have to survey the property within a fraction of an inch so the measurements will be correct. There will be questions of whether a fence is where it should be and so on. It has to be approached cautiously so no errors are made. He added that most of the property does not work well with GPS points due to the terrain and vegetation. Mr. Bancroft asked if the County might be able to help facilitate a contract that could save some money. It is thought that if the County could help facilitate and oversee the process, it would be better than residents who know little about this to try to handle it on their own. Vicki Jackson, real estate agent, said that the person who sold the lots damaged the people there and she wondered if there are any assets remaining that might be seized and distributed. Mr. Berry said the County had no judicial power to force this issue. The Lechners were interviewed almost twenty years ago, and there were other parties involved in the sale of the properties. Most are likely long gone. Minutes of Board of Commissioners’ Work Session Wednesday, August 18, 2010 Page 5 of 7 Pages In 1963, Pearl Lechner was aware that the deeds did not match the lines. The property owners and others have also been aware of the problem for many years. The Lechners might have been under the impression that the deeds were correct at the time the properties were sold. Ken Mullenex said that the County may work with the property owners to mitigate the cost of the lot of record verification. Commissioner Luke stated that they need to get all the people willing to work on the issue on board as a group, or it will be a waste of time. He said that Mr. Mullenex and others have spent a lot of their own money and time trying to notify everyone and get them involved. It might be possible to get a local improvement district formed to bond the expense, through which the bond could be paid off at the time of sale. Mr. Kanner said that an LID typically is formed to handle a capital improvement project for public benefit, and he is not sure it will work in this case. Mr. Bancroft said that most people are willing to help but they want to know the potential cost. They have looked at a way to form an entity to cover everyone, including an LLC and a neighborhood association. Commissioner Luke suggested that if a limited power of attorney could work. Mr. Bancroft said they all signed a form that they would be willing to find a way to do it, but many are hesitant to give up a property right even short-term. There are new people now that do not even want to talk about it. There are so many that have no funds for this and they cannot even consider it if there is a cost involved. Commissioner Luke said that a legislative session is coming up and perhaps a limited duration bill can be introduced to address this specifically. A local improvement district becomes a lien on the property and is due when the property is sold. Perhaps Representative Whisnant and Senator Telfer can carry such a bill. A LID would make the work much easier to fund. Mr. Bancroft stated that the County needs to be involved and give its blessing. Most of the attendees adjourned to another meeting room to address specific questions with the County Surveyor and others. Minutes of Board of Commissioners’ Work Session Wednesday, August 18, 2010 Page 6 of 7 Pages 2. La Pine Plans for Water & Sewer District Consolidation. Rick Allen, Interim City Manager, La Pine, said that to operate as a city, certain things should be in place. They are working on setting a charter on how the City runs. He hopes that the districts will be dissolved and incorporated in the City. (He referred to the ballot measure in that regard.) It has been challenging because certain entities and individuals do not want to relinquish control. There is an IGA with the districts regarding providing services. The Boards do not want to talk about dissolving until the contracts are expired. Both Boards have been requested to participate. There are several ways to handle this, including action from the County, withdrawal, or annexation. All districts are within the City, so withdrawal is the preferred method. However, the Boards do not want to talk about it. Mr. Kanner said that it is not that simple. There need to be certain conditions in place, and there has to be certain precursor documentation. Mr. Allen noted that things will work the same way. They just all need to be on the same plate. Commissioner Luke said he thought it was made very clear when the ballot went out. Commissioner Unger said he would vote for it today to just change out the wording. Mr. Kanner will draft a letter to the City Council and Boards of the districts in this regard. ___________________________________ In regard to the BLM land swap, Mr. Allen said this trade is needed to expand the sewer system. The La Pine Citizens Action Group, which is outside the City, thinks the sewer district is putting nitrates into the groundwater since they feel it is not due to septic systems. Mr. Kanner stated that a bill was introduced last year regarding the BLM land, but it went into committee and he is not sure where it ended up. Legislation started with the rodeo grounds property, then the sewer district and the library, and others got involved.