Dustan Neighborhood Background Synopsis for Deschutes County Board of Commissioners Nov. 25, 2013

1. Dustan NeighborhoodBackground Synopsis forDeschutes County Board of CommissionersNov. 25, 2013

2. The neighborhood is located south of Burgess Road and east of Dorrance Meadow Road, 2 miles west of the La Pine City Limits BURGESS RD. DORRANCE MEADOW RD.

3. Dustan Neighborhood 2 Major Issues: • Existing lines of occupation do not match the deed descriptions. • The roads have not been dedicated to the public or granted as private easements. Judging from contacts with land owners and a review of surveys, the occupation vs. deed discrepancies aren’t as severe along the northern and western parts of the neighborhood.

4. The areas of problematic ownership DO NOT include the lots within the legal subdivision of “LECHNER ACRES” DUSTAN NEIGHBORHOOD PROBLEM AREA The discrepancy between occupation and deed description is greatest in the south part of the neighborhood.

5. The un-shaded tracts in this slide are not within legal subdivisions. They were created over the years, one by one, through individual deeds.

6. ROAD Land owners thought they bought 1.25 acre tracts configured like this NOTE In these examples, the tract numbers are hypothetical for the sake of simplicity ROAD ROAD

7. ROAD Whereas the deeds described these properties ROAD ROAD

8. ROAD White = OCCUPATION Yellow = DEED ROAD ROAD

9. ROAD “Tract 13” Deed ROAD ROAD

10. ROAD “Tract 13” Occupation ROAD ROAD

11. ROAD “Tract 13” Occupation ROAD ROAD ROAD ROAD

12. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out 1.25 Acre tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. Descriptions are aliquot part description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1991 – BOCC directs County surveyor to set any of the sections surrounding PLSS corners. This is done. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

13. A 1951 aerial photo shows what the area looked like prior to being developed

14. Portion of 1951 Aerial Photo

15. Portion of 1951 Aerial Photo South part of Lechner purchase outlined in red

16. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets iron pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. Descriptions are aliquot part description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1991 – BOCC directs County surveyor to set any of the sections surrounding PLSS corners. This is done. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex. No survey has ever surfaced for this 1950s survey work. For well over 20 years the county has tried to track down the old maps, notes or any correspondence regarding this work. To date, only the Lechner’s sales map has been found although it contains no information on how the survey was conducted, where monuments were set, or any other information about the 1950s surveyor’s work.

17. The roads are constructed and supposedly the tracts are staked to abut the roads <- Due West For some reason the roads and lots were laid out approximately 4° off of due west. Since no survey has ever been found for this circa 1950s work, the reason for this is unknown. 4°

18. 2013 aerial photo

19. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by the surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1991 – BOCC directs County surveyor to set any of the sections surrounding PLSS corners. This is done. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

20. The deed descriptions were by “Aliquot Parts” – Quarter and Half divisions of a section of land such as: The W ½ of the SE ¼ of the SW ¼: Whereas a “metes and bounds” description describes land by bearings and distances and sometimes monuments & boundaries of other lands, rivers, etc. 1 mile +/- 1 mile +/- 1/2 mile +/- Commencing at the SW corner of Section 4 1/2 mile +/- Thence East 1,320 feet on the section line to the POINT OF BEGINNING Thence North 1,320 feet 1/2 mile +/- Thence East 660 feet to the West line of Smith’s land SECTION 4 Thence South 1,320 feet along Smith’s West line to the section line 1 mile +/- Thence West 660 feet along the section line to the P.O.B. SW 1/4 660 1/2 mile +/- SMITH SE 1/4 W 1/2 1,320 1,320 660 1,320 Description equals “The W 1/2 OF THE SE 1/4 OF THE SW 1/4 P.O.B. of Section 4, T22S, R10E, W.M, Deschutes County, Oregon”

21. Circa 1961 assessor’s map The assessor, as directed by law, was entering the newly created tracts onto the map as they were described in the aliquot descriptions contained in the deeds

22. It appears the Lechners were drawing their sales map the same way the Assessor was – by the aliquot descriptions contained in the deeds. The 4° east-west lines would have been obvious had they drawn these tracts somewhat accurately and in accordance to how the tracts were surveyed on the ground. Apparent sales map donated to the Surveyor’s Office in 1991 by Pearl Lechner. Map date unknown. Detail – south ¼ of map: 4° Note on back of map:

23. In 1961 Pearl Lechner records the plat of “LECHNER ACRES”. This area does not seem to have the problems the rest of the area does. These tracts are legal subdivision lots

24. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1991 – BOCC directs County surveyor to set any of the sections surrounding PLSS corners. This is done. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

25. By specifying that these lots were to be sold as metes and bounds, it is apparent that the owners realized that the incorrectly described aliquot descriptions to the south were in error. 1963 survey “Lechner Acres Continued”. Notes that lots are to be sold by metes and bounds.

26. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1991 – BOCC directs County surveyor to set any of the sections surrounding PLSS corners. This is done. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

27. Narrative from 1971 survey by Bruce Rogers for Pearl Lechner: Narrative from 1984 survey by George Colvin:

28. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1991 – BOCC directs County surveyor to set any of the sections surrounding PLSS corners. This is done. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

29. Tax Lot 100 was created by the assessor after all of the deeds in this area had been plotted on the map and this un-sold property was discovered. Pearl Lechner was shown as the owner and it was foreclosed on in 1973. It was then sold at Sheriff’s auction in 1989 and then the sale was canceled.

30. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

31. Jeff Kern found and/or remonumented the 8 Public Land Survey System (PLSS) corners that surrounded the section

32. Additionally, in 1990 or 1991 an aerial mapping project was authorized by the BOCC and maps were produced showing the buildings, roads and fences overlaid on the tax lot map parcel lines. No further actions were taken by the County at this time. Throughout the 1990s and 2000s the Surveyor’s Office received numerous calls about this neighborhood and some owners corrected portions of the problems with Property Line Adjustments.

33. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 2007-2008– Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to fix problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

34. 1991 Pearl Lechner interview by Jeff Kern

35. Based on Pearl’s statement about their intent to sell the properties as surveyed, rather than as described in the deeds, Jeff Kern pointed out that the intent may outweigh the deed wording and therefore tax lot 100 may not exist. However lending institutions, the assessor’s office and other land use professionals generally have to work from the written document unless directed otherwise by court decree. 1991 Pearl Lechner interview Kern’s Interpretation of Lechner’s intent Tax lot 100, Deschutes County NOT THE E1/2 NW1/4 SE1/4 NE1/4 SW1/4 E1/2 NW1/4 SE1/4 NE1/4 SW1/4

36. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to discuss problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

37. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to discuss problem. 2008- April 7 BOCC work session to discuss problem 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

38. Prior to the work session various county departments brainstormed potential solutions to this problem and it was quickly decided that: • Creating a new subdivision encompassing the affected properties could not be done due to: • Zoning – • Public discord – The public notice of a new subdivision being proposed might bring a negative response from surrounding areas. • Costs – County Subdivision requirements include paving roads, building approved septic/sewer systems, etc. • Costs – Because of stringent laws, both state and local, subdivisions are by nature expensive endeavors • Complexity – each owner would be an partial owner and required to sign the plat. Their lenders and/or any lien holders may also need to be a party to the plat. If a participating tax lot was sold or foreclosed on during the process, the project could be stalled indefinitely.

39. 4/7/2008 Work Session

40. 4/7/2008 Work Session HYPOTHETICAL P.L.A. OCCUPATION DEED

41. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to discuss problem. 2008- April 7 BOCC work session to discuss problem 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – BOCC conducts meetings with landowners. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

43. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to discuss problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – October – Admin, Legal, CDD, Property Management and Surveyor research and discuss steps the land owners would need to take to resolve problems through Property Line Adjustments. 2009- 11/23/2009 – a meeting is held with county staff and eight landowners to discuss options. 2009 – 11/30/2009 in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

44. 11/23/2009 meeting with land owners

45. 11/23/2009 meeting with land owners

46. 11/23/2009 meeting with land owners

47. Dustan Neighborhood Background 1947 & 1948– Lechners buy the west half of Section 4, approximately 320 acres. 1950 +/- - Lechners hire unlicensed surveyor/timber cruiser to lay out roads and small tracts. Surveyor sets thin walled pipes at corners, but apparently does not correctly perform work (east – west roads are 4° off cardinal directions). 1951 – Lechners start to deed off tracts. The legal descriptions are “aliquot part” description which do not match the pipes set by surveyor or the roads built by Lechners. 1963 – Pearl Lechner realizes a problem exists and has licensed surveyor stake a tier of correction lots just south of Lechner Lane 1971-1990s – Private surveyors begin reporting in their survey narratives that deed vs. occupation problems exist in the neighborhood. Big time. 1989 – County sells tax lot 221004C000100 at auction. It is discovered that problem exists with deed vs. occupation with this and surrounding tracts and BOCC votes to rescind sale. 1990– BOCC directs County surveyor to set any of the section’s surrounding PLSS corners. This work is completed in early 1991. 1991 – County Surveyor Jeff Kern interviews Pearl Lechner about history of these lands 1991 – BOCC directs County Surveyor to have neighborhood mapped via an aerial photo contract. 2007-2008 – Dave Bancroft and Ken Mulenex organize 40+ landowners to approach County to discuss problem. 2008 – Dave Inbody is made public contact for this problem. Creates FAQ document which is mailed to landowners. 2009 – October – Admin, Legal, CDD, Property Management and Surveyor research and discuss steps the land owners would need to take to resolve problems. 2009- 11/23/2009 – a meeting is held with county staff and eight landowners to discuss options. 2009 – 11/30/2009 - in Work Session BOCC commits to have general fund pay for aerial mapping flight to help landowners and their attorneys, surveyors, title companies et cetera determine solutions to problems. 2010 – Aerial mapping completed in June at cost of $8,150. Shortly thereafter a public meeting is held to review maps with land owners and present copies to Bancroft and Mulenex.

48. 11/30/2009 Work Session

49. 11/30/2009 Work Session Other topics included – Statements by local surveyor George Cook who had started his private surveying business in 1961 and stated he would not take on any surveys in this area because of the problem. Cook said the only way to resolve the problem would be to hire a surveyor to put it all in metes and bounds and that the deed transferring would need to be to and from an entity like the county or a title company. Dave Kanner was not sure if Neighborhood Impact could be the go-between. One of the land owners said that money is an issue for most of the residents but their should be a way to force them to comply. County Legal said citizens cannot be forced to comply because it would be a taking and a violation of the U.S. Constitution. Commissioners Unger stated he hopes that the County can help with solving the problem and felt that good visual data is needed to help property owners understand the problem. Commissioner Luke feels the County should provide an up to date aerial and overlay maps.

50. 11/30/2009 Work Session