1995-23381-Order No. 95-110 Recorded 7/5/1995REVIEWED
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95-23381
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU r-A-964%prIn
An Order Establishing all of NW 93rd Lane
lying within Eagle Rock Subdivision as a C' t- r
County Road.
ORDER NO. 95-110 01474.W0593
WHEREAS, the right -of- way described in Section 1 is a public right-of-way within
unincorporated Deschutes County, Oregon; and
WHEREAS, said right-of-way has been constructed to County Standards; and
WHEREAS, the Engineer has recommended that the Board of County Commissioners
accept said right-of-way into the County Maintained System; and
WHEREAS, the County may not expend road fund monies on said right-of-way unless
said right-of-way is accepted into the County Maintained System; now, therefore;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the public right-of-way described as:
All of NW 93rd Lane lying within Eagle Rock Subdivision as shown on the official plat
recorded on August 10, 1991 in the Deschutes County Deed Records, Plat Cabinet C,
Page 450
be hereby established as a County Road.
DATED this day of , 1995.
BOARD OF COUNTY COMMISSIONERS
OF SCHUTES, C NTY, OREGON
XZ�7,��� QIP✓
H.'SLAUGHTER
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Recording Secretary Kryp '.N'c .Eo
RO ERT L. NIPPER, COMM TONER ��� -
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June 13, 1995
Diane Lozito and David Jenkins
P.O. Box 85
Terrebonne, Oregon 97760
RE: Borden Beck Park
cqi,, n, N/
fi-0595
Property Management
DESCHUTES SERVICES BUILDING
1340 N. W. WALL STREET, BEND, OREGON 97701
FAX. (503)388-5408
BRAD S. CHALFANT
Property Management Specialist
(503)383-6710
Please refer to
file: 13-225
This office was asked by Commissioners Nipper and Slaughter several weeks ago to respond
to your letter regarding NW 93rd Lane, Borden Beck Park and the trail and conservation
easements along the Deschutes River. Unfortunately, in the midst of preparing and
conducting a land sale auction, your correspondence was misplaced. I apologize for the delay.
Your letter raised the issue of acceptance of NW 93rd Lane as a County road. My own
recollection of your meeting with the Board is consistent with your assertion that the road was
to be accepted as a County road. In discussions with the Public Works Department, there is
agreement that formal acceptance is appropriate. Consequently, the Public Works
Department will initiate the process to accept NW 93rd Lane as a County road, and return
your check for $100.
As a point of clarification, your letter made reference to public access on an "easement"
between the cul-de-sac and Borden Beck Park. This access is actually a dedicated right of way
which was a platted on the original plat map. The Hearings Officer's decision recognized this
access as a public right of way, though the applicant had no immediate plans for developing
it.
Your letter also requested that Deschutes County reverse the trail and conservation easement
along the river. This easement was granted to the public at the time that the subdivision was
platted, for the purpose of maintaining the historic public use along the river. The easement
also serves to connect Borden Beck Park with BLM land upstream. The trail easement
constitutes a public asset that was dedicated prior to the sale of lots within Eagle Rock
Subdivision and by extension, was granted prior to your acquisition of an interest in the
property. When you purchased your homesite, you acquired a number of property rights,
Quality Services Performed with Pride
o147-05,96
Diane Lozito and David Jenkins
June 13, 1995
Page Two
though the right to exclude the public was not among them. This office is unaware of any legal
authority which would allow Deschutes County to give away public assets such as this. In fact
the County's Comprehensive Plan requires that the County protect public access to the
Deschutes River.
Your letter also made reference to liability issues and the need for a special liability insurance
policy. With respect to issues of liability, you may wish to refer your insurance agent to ORS
105.660. This statute limits the liability of landowners who open their property to public
recreation. The Oregon Legislature has recently adopted legislation designed to further
strengthen and broaden this protection.
As to development of a trail along the Deschutes River, please note that this stretch is
designated as both State Scenic and a federal Wild and Scenic Waterway. Consequently, trail
development is likely to be subject to additional land use review. Issues of illegal fishing and
poaching should be referred to the Oregon State Police and the Oregon Department of Fish
and Wildlife for enforcement.
Should you have any further questions, please feel free to call.
Very trul:
B4 S.
Property
BSC:psm
c: Board of County Commissioners
George Read, Director of Community Development
Tom Blust, County Engineer
Caroline Nolan, Central Oregon Parks and Recreation District
PROP1396.LTR