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MAC ZONE
12/29/22, 1:10 PM
MAC ZONE
As reported earlier, the Jefferson County Board of Commissioners approved the MacPherson’s family re-zoning application at their Wednesday Dec 14 meeting.
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In our story, “IT’S IN THE DEED”, published Dec 20, we reported that Carol Macbeth, an attorney with Central OregonLandWatch, asserted that the MacPherson’s didn’t own the northeastern section of the property based on a deed, a deed that very well may have been outdated or possibly misread, according to Community Development Director Scott Edelman.
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Mr. Edelman told Ranch Matters (RM), “…I don’t have anything concrete right now but will try find the section of the deed that references that portion of the property…”
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UPDATE
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“IN THE OPINION OF THE COUNTY, THERE IS NO PROPERTY OWNERSHIP ISSUE”
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RM received the following email/explanation from Edelman:
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“Ok John, here is my best explanation. Obviously, I cannot speak for Ms. Macbeth, but only restate my understanding of her argument about the MacPherson’s deed not including the northern portion of the property.
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I am attaching Partition Plat 2002-02, which should be helpful. I think the summary statement on the property (below) provides the best explanation of what has transpired on this property.
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The reference below shows the entirety of the original property, including the fire station site-the total recorded acreage at the time was 158.63 acres.
As you see, the reference next to the acreage indicates the description as ‘Lot 4, SW 1/4, NW 1/4, W 1/2 SW 1/4.’ The ‘Lot 4’ portion is the part of the land above the dotted line on the attached plat.
The rest is referring to the portion of the property below this line.
Ms. Macbeth kept referring to the latter portion of this description but she left off ‘Lot 4’ which, on the attached partition plat, is everything above the dotted line.
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The deed INCLUDES Lot 4 as part of the property-we are not sure where Ms. Macbeth got her information but it appear she was either looking at an incorrect deed or did not notice or realize what Lot 4 was referring to.
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If you read further down this summary page, you will see that the original 158.63 acres was adjusted by -6.13 when the survey was conducted for the fire hall partition in 2002.
At that point the property was recorded as 152.50 acres – with 10 acres divided off to the fire hall, the property is now 142.50 acres, which is what is being considered in this plan amendment and zone change.
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In the opinion of the county, there is no property ownership issue.”
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“LANDWATCH NO LONGER HAS THIS CONCERN…”
LandWatch attorney, Carol Macbeth provided RM the following email comment:
“Hello Mr. Stevens,
Please find attached a copy of Central Oregon LandWatch’s comments to Jefferson County Board of Commissioners describing this issue with illustrations.
This matter is legally significant because the subject property must be accurately described. This matter was resolved to LandWatch’s satisfaction when the applicant testified that the applicant would supplement the record with new information to resolve the apparent discrepancy between the written description and the maps.
LandWatch no longer has this concern, as the new information the applicant promised to provide will resolve the discrepancy.”
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IT’S OFFICIAL
At yesterday’s (12/28/22), Jefferson County Board of Commissioners meeting they made it OFFICIAL.
