1998-29103-Order No. 98-038 Recorded 6/18/1998BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C
98-29103
An Order accepting and approving the County Road *
Official's Report on the vacation of a portion of J.N. *
Masten Road and all of S.J. Pierce Road, Deschutes*
County, Oregon, setting a date for a public hearing,
and providing for public notice of said hearing.
ORDER NO. 98-038
98 JUN I
IHAFY SUES PEEP i0LLOW
COUIa-11f (36:RK- U 4 3 7
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 98-026 dated on June 17, 1998; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County,
Oregon, the County Road Official has submitted a report on the proposed vacation pursuant to ORS
368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road known as
a portion of J.N. Masten Road and all of S.J. Pierce Road, Exhibit "A", attached hereto and by this
reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, July 29, 1998, at 10:00 a.m. at the Deschutes County
Commissioner's Hearings Room, Administration Building, 1130 NW Harriman, Bend, Oregon 97701,
the Board will hold a hearing to determine whether vacation of the subject property, described in
Exhibit "B", attached hereto and by this reference incorporated herein, is in the public interest.
Section 3. Notice of said hearing shall be provided by posting and publication in a form that
substantially conforms with Exhibit "C", attached hereto and by this reference incorporated herein,
pursuant to ORS 368.346(3) and 368.401 to 368.426.
DATED this _/_7 day of , 1998.
ST:
Recording Secretary
1 - ORDER NO. 98-038
� I i
.�;�; .. .-�*ate •
INDA L. SWE`ARINGEN, COMMISSIONER
MICROFILMED
-F"'„'
JUL 15 1998
JUL Is9r,-11
TES
lU EXHIBIT "N'
111 ►I • :: �1� lul
TO: Board of County Commissioners
FROM: Dick Johnson, Management Analyst
DATE: June 8, 1998
168 a 0438
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
SUBJECT: Road Department Report
Vacation of a portion of S. J. Pierce Road and J. N. Masten Road located west and
south of La Pine.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public
road right-of-way.
Background:
Deschutes County received a petition which is attached as "Exhibit 1" from Pioneer Resources,
LLC. requesting the vacation of a public road right-of-way. The requested vacation is for a
portion of S. J. Pierce Road from where it intersects with J. N. Masten Road in section 19 of
Township 22 South, Range 10 East extending south and west to the southwest corner of Section
24 of Township 22 south, Range 09 East. This. portion of road right-of-way is approximately 2.6
miles in length. The petition also requests the vacation of a portion of J. N. Masten Road from
the center of Section 17 of Township 22 South, Range 10 East extending south and west to the
southeast corner of Section 24 of Township 22 South, Range 10 East. This portion of road right-
of-way is approximately 2.2 miles in length. The legal description of the proposed road vacation
is attached as "Exhibit 2". A map showing the general location of the road right-of-way
proposed for vacation is shown as "Exhibit 3'. The map also shows the location and boundaries
of the 1,822 acres of land owned by Pioneer Resources, LLC.
The petitioners own the land abutting both sides of J. N. Masten Road and the land abutting S. J.
Pierce Road except for the portion of road running along the western edge of Section 24 of
Township 22 South, Range 09 East and a small portion of this road at the northwest corner of
Section 24 which is owned by Crown Pacific, LP. The petitioners are requesting the vacation for
the reasons stated in a four page report entitled Right -of -Way Exchange and Relocation
Agreement that accompanied the Road Vacation Petition and Dedication Deed. This report is
included with the petition, "Exhibit 1" The report basically states that because the roads traverse
diagonally through private properties, have not been improved since their creation in 1907 and
have not served as public access, it is in the public interest to vacate portions of these
unimproved roads and relocate the roads to better serve public needs. The petition applicant
proposed to dedicate new road right-of-ways to the County which will provide a more direct
connection between Sixth Street and Masten Road. The petition applicant also proposes to
Quality Services Performed with Pride
168 - 0439
dedicate to the public a conservation easement 10 feet wide on each side of the Little Deschutes
River through their property. A map showing the area proposed for new right of way is shown
on the map shown as "Exhibit 3".
Discussion:
The proposed vacation lies within southern Deschutes County and includes portions of two
roads, S. J. Pierce Road and J. N. Masten Road that were originally platted in 1907 when the area
now composing Deschutes County was part of Crook County. The two roads are not improved
although they may be driven by a four-wheel drive type of vehicle, and then not at all times of
the year. The crossing of the Little Deschutes River shown on S. J. Pierce Road does not exist
and a bridge would be required to connect the two section of road across the river if the road
were to be constructed
The petitioner is proposing to make a concurrent dedication of road right-of-way to provide a
north -south connection between 6th Street and Masten Road at the periphery of his property in
exchange for the vacation of the diagonal roads transversing the property. The petitioner is also
proposing to provide an access easement along the Little Deschutes River through the property.
The applicant and the county staff also discussed the idea of the applicant dedicating a narrow
easement from the west end of 6th Street extending in alignment with that street to the river to
provide access to the river and county owned land located to the north of the Pioneer Resources,
LLC owned land. The petitioner maintains that the new road dedications are in a superior
location than would otherwise be provided by the existing roadways. A portion of the existing
road right-of-way will not be vacated along the southern edge of section 24 and remain for future
use.
The majority of the petitioner's property is zoned F1 Forest Use Zone while the portion of the
property located along both sides of the Little Deschutes River is zoned FP Flood Plain Zone.
The property is heavily forested with primarily small lodgepole pine with some ponderosas and
some willows along the river. There are some open meadow areas and some open marsh areas
near the river. A small caretakers home is located in the northeastern part of the property near
the river. It was the only structure observed on the property.
From an in -the -field observation of the area, no above ground or overhead utilities exist within
those sections of S. J. Pierce Road or J. N. Masten Road proposed for vacation. There also was
no observable evidence of underground utilities within either section of road right-of-way.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Cascade Natural Gas: No response.
Midstate Electric: No response.
U.S. West Communications: No response.
La Pine Fire Department: No response.
Deschutes County Community Development: Kevin Harrison, Senior Planner responded:
"Application for concurrent road dedication is being reviewed by this office. It makes sense to
168 - 0440
preserve options for a north -south road in this area. It also make sense to have Board of
Commissioners review vacation and dedication at the same time. It is my understanding this
proposal had been reviewed by Deschutes Basin Resource Committee. Their input should be
considered."
Deschutes County Property Management: Jim Bonnarens responded: "Deschutes Co.
property Mgt. has no concerns or comments regarding the proposed vacation. Thank you."
Deschutes County Legal Council: No response.
Findings:
Based on preliminary responses, and the Department's research of the proposed vacation and
concurrent road dedication, the Road Department makes the following findings:
1. The right-of-way proposed for vacation in the form of a right-of-way easement interest in the
S. J. Pierce Road and J. N. Masten Road which was recorded on November 3, 1915, in the Crook
County Commissioner's Journal 5, page 384.
2. Deschutes County holds right-of-way interest in the J. N. Masten Road which was recorded
December 17, 1907, in the Crook County Commissioner's Journal 4, page 181.
3. The portions of S. J. Pierce Road and J. N.. Masten Road proposed for vacation are capable
of being driven by a four wheel drive vehicle during the dry portion of the year but are not
improved.
4. There is no crossing of the Little Deschutes River by S. J. Pierce Road although the road
right-of-way is shown crossing the river.
5. The petitioner owns all of the land bordering both road except for a portion of S. J. Pierce
Road which borders Crown Pacific Land along the western edge of the petitioner's land on the
one mile long west side of Section 24 and along a 1300 foot section of the northwest corner of
Section 24.
6. The applicant has proposed to dedicate a portion of 60 foot wide right-of-way from 6th Street
along the eastern edge of the property with the road projected to run due south through BLM
land to reach Masten Road. (An alternative, which has been discussed with the petitioner, would
be for the 60 foot wide right-of-way to follow the entire eastern property line of the petitioner's
property to the north edge of the Deer Acres Subdivision and thence west along the north edge of
the subdivision and thence along the west edge of Deer Park south to Mastern Road. This is a
circuitous route with a length of approximately 2.5 miles but does provide a connection
between 6th Street and Masten Road.)
7. None of the utilities that were notified have reported having any utilities in the right-of-way
proposed for vacation.
8. Per ORS 368.366, vacated property shall vest in the owner of the land abutting the vacated
property by extension of the person's abutting property boundaries to the center of the vacated
property.
168 0441
9. The vacation of these portions of these portions of S. J. Pierce Road and J. N. Masten Road
are in the best interest of the public as these roads transverse diagonally through private
properties, have not been improved since their creation in the early 1900s, no river crossing will
have to be built, and the roads have not served as public access and they will be relocated to
better serve public needs.
10. Alternative access is to be provided between 6th Street and Masten Road either through the
dedication of land from the petitioner's property or by a combination of dedication from the
petitioner's land and a road easement across BLM land.
11. Access is to be provided to the Little Deschutes River via 10 foot wide access easement
along both sides of the Little Deschutes River for it's length through the petitioner's property.
12. A narrow access easement extending from the west end of 6th Street to the river was
discussed with the applicant and would provide access to the river and county owned land north
of the applicant's property.
Recommendation:
Deschutes County has maintained a policy of not vacating land which would leave any parcel
without legal frontage on a public road. The petitioner's 1,822 acre parcel will have frontage on
Masten Road along it's southern boundary and frontage on 6th Street along it's northeast
boundary, along with access along a portion or all of its eastern border depending on which
alignment of the new road right-of-way is selected.
If, following the public hearing, the Board approves the road vacation, the Road Department
recommends imposition of the following conditions of approval:
1. The partitioner's are to provide a north -south running road right-of-way connecting sixth
Street and Masten Road either through a full dedication from their property or through a
combination of dedication from their property and obtaining a road easement across the BLM
land located to the south and east of the petitioner's property.
2. The petitioner is to provide a perpetual 10 foot wide access easement adjacent to both sides of
the Little Deschutes River for the length of river through the property.
3. An access easement with a width of at least 15 feet is to be provided along the northeast
border of the property running east to west in alignment with the west end of 6th Street to the
Little Deschutes River. This easement will provide access to the river and county owned land
bordering the river lying north of the petitioner's property.
4. The vacated property shall vest with the abutting property owners in accordance with ORS
368.366.
5. It is the Road Department's assessment that the proposed vacation does not affect any utilities
and is not needed for any future utility facilities. The Road Department recommends that the
right-of-way be vacated without a reservation for utility easements.
6. The vacation of the right-of-way of S. J. Pierce Road and J. N. Masten Road shall be done
concurrently with the dedication of a sixty foot wide road right-of-way for a north -south road
168 - 0442
connecting Sixth Street on the north with Masten Road on the south. The road vacation shall
also be concurrent with the dedication of a perpetual access easement along the entire length of
the Little Deschutes River through this property and an easement from the west end of 6th street
westward to the river.
EXHIBIT "1"
BEFORE THE COUNTY COM&USSION
OF DESCHUTES COUNTY
Right -of -Way Exchange and Relocation
Agreement
L INTRODUCTION
166 a p443
ORS 368.326
The Applicant, Pioneer Resources, LLC, proposes to vacate and relocate unimproved
rights-of-way within Deschutes County. In exchange, the applicant will dedicate a superior
right-of-way in close proximity to the vacated rights-of-way which will provide public access
to connecting existing roadways within the area. The Applicant will concurrently dedicate
a conservation easement 104cet on each side of the river within the Applicant's property.
All costs of dedication of the new right-of-way will be borne by Applicant.
The Applicant is the owner of an 1800 -acre ranch (the "Property") in Deschutes
County, located in Section 13 and 24 of Township 22 South, Range 9 East and Sections 17,
18 and 19 of Township 22 South, Range 10 East. In the process of preparing forest
management plans and property surveys, the Applicant discovered three old road surveys
dated 1907, 1915, and 1922. A pictorial and legal description of the roadways are attached
as Exhibits A and B. The unimproved rights-of-way are located in Sections 17, 18, 19 and
24 of Township 22 South, Ranges 9 and 10 East. As Exhibit B demonstrates, a portion of
these surveyed roads traverse the Property owned by Applicant. The Property has been in
private ownership since at least 1932. Neither the Property nor the unimproved rights-of-
way have been open to the pubic or have served as pubic access.
Because these roads traverse diagonally through private properties, have primarily
not been improved since their creation in 1907 and have not served as public access, it is in
the public interest to vacate portions of these unimproved roads and relocate the roads to
better serve public needs. Accordingly, the Applicant, in exchange for the vacation of the
roadways will by the dedication deed attached as Exhibit C, dedicate a new right-of-way to
the County which will provide a more direct connection between Sixth Street and Masten
Road. The Applicant also includes the dedication to the public of a conservation easement
10 -feet on each side of the Little Deschutes River. At the recommendation of Deschutes
County Public Works, the County has a series of existing lots in an old plat adjacent to the
Applicant's land in Section 17. The County is proposing to reserve this property for public
access to the river. Portions of the described rights -of --way were never constructed, and
other portions est as 8 -foot wide dirt trails. Portions of these trans are not in the
alignment of the described survey.
108 - 0444
This road vacation and right-of-way exchange will not deprive any recorded property
owner the access necessary for the exercise of their property rights and all affected property
owners have consented to the realignment.
J[L CRITERIA FOR APPROVAL, PURSUANT TO 368341 AND 368.346
A. Description of the Property proposed to be Vacated
The property proposed to be vacated is described as those portions of S.J. Pierce
Road (surveyed in 1915) and the J.N. Masten Road (surveyed in 1907) located in Sections
17, 18 and 19 of Township 22 South, Range 10 East and Section 24 of Township 22 South,
Range 9 East. The vacated portions of S.J. Pierce Road and J.N. Masten Road are
Pictorially described in the attached Exhibit B.
B. Statement A R ISons for Re ues bg the Vamti n
The Applicants are proposing the vacation/relocation of the described portions of S.J.
Pierce Road and J.N. Masten Road and the concurrent dedication of the new right-of-way
to serve three related purposes: 1) to clarify and update the status of roadways originally
surveyed in the early 1900's but never improved or constructed; 2) to create an opportunity
to provide superior public access to the Little Deschutes River which is not otherwise
Provided by the unimproved roads; and 3) to clarify the rights of the public in the Property
over which the surveyed roadways cross. Currently neither the J.N. Masten Road, nor the
S.J. Pierce Road are improved Deschutes County Public Works Department, after a series
Of meetings with the Applicant in reviewing maps and land ownerships, determined that
adequate river crossings were available within a 3 mile section. Given their surveyed
locations, both roads, if improved, would require the construction of a river crossing at
considerable expense in order to provide public access to the Little Deschutes River.
Given the location of the roadways, river access cannot be provided without
improving at least 1.5 miles of road. It is therefore in the public interest to provide an
alternative more direct public access to the river at lesser cost while c
the public in the private h the rights of
P property over which these roads cross. Based on the considerable
expense associated with improving these roadways and the opportunity to provide alternative
Public access to the river, the Applicant proposes to vacate and relocate the portion of the
roadways as pictorially described on Exhibit B. In exchange, the Applicant will concurrently
dedicate public rights-of-way for additional roadways and provide the conservation easement
along the banks of the river. The new road dedications are in a superior location than
would otherwise be provided by the existing roadways. portions of the existing road rights -
of WaY will remain in Section 24 for possible future use.
2
C. Names and Addresses Holding any Recorded Interest in Properttvv5
Proposed to be Vacated
Deschutes County hold a right-of-way easement interest in the S.J. Pierce Road and
J.N. Masten Road which was recorded on November 3, 1915, in the Crook County
Commissioners' Journal 5, page 384.
Deschutes County holds a right-of-way interest in the J.N. Masten Road which was
recorded December 17, 1907, in the Crook County Commissioners' Journal 4, page 181.
D. Names and. Addresses of All Persons Owning and Improvements
Constructed on P�Wc_PropgM Proposed to be Vacated
There are no improvements constructed on the property to be vacated.
E. Names and Addresses of Al Persons Owning any Real Pro-_ e
Abnttirtv
na_Public Pr ,Proposed to be Vacated.
The following parties own property abutting J.N. Masten Road and S.J. Pierce Road:
Pioneer Resources, LLC
P.O. $oar 26139
Eugene, Oregon 97402-0463
Crown Pacific, LP
121 SW Morrison, Suite 1500
Portland, Oregon 97204
F. SiZnatures, Acknowl b a erson Authorized to Take
Acknowledgement of Deeds of 100% of the Owners of Land Abutting
the PM -Pa osed o be Vacated
The attached petitions contain signatures of 100% of the abutting property
owners demonstrating their consent to the vacation and relocation of S.J. Pierce Road and
J.N. Masten Road Therefore, pursuant to ORS 368331, the County is not required to issue
a report, notice and hearing on the vacation petition as otherwise required under ORS
36$.346.
III.. CONCLUSION
In sum, the S.J. Pierce Road and J.N. Masten Road were originally dedicated in 1907
to serve as a connection between Sixth Street and Masten Road and to provide public access
to the Little Deschutes River. The County property in Section 17 will provide superior
access to the Little Deschutes River and the new road dedications will provide a more direct
connection between Sixth Street and Masten Road. The owner holding land abutting the
roads proposed for vacation consgnt to this vacation and relocation petition. Therefore, the
Applicant requests that the County approve this petition for Road Vacation and Relocation
pursuant to ORS 368.351.
3
W.
168 w 0446
The Applicant has held a series of meetings with Deschutes County Public Works, including
field trips in review of issues relating to area wide ownership, bridge crossing alternatives,
future access requirements to connect the general area road network and recreational access
to the river. The Applicant presented the plan along with and recommendations of Public
Works and the Planning Department who requested the conservation easement, to the
Deschutes Basin Resource Committee. The Deschutes Basin Resource Committee provided
a recommendation to the County Commissioners subject to the provisions as recommended
by Public Works and the County Planning Department.
4
M
168 - 0447
ROAD VACATION PELT
PIONEER RESOURCES, LLC, an Oregon Limited Liability Corporation, the owner
in fee simple of the following described property, consents to the vacation of that portion
Of S.J. Pierce Road and Masten Road in Deschutes County, Oregon, as shown on the
atta�ei i Road VacatiopMfp and as more particularly described in Exhibit A and B of this
Property Owner's Natm:
PIONEER RESOURCES, LLC
an Oregon Limited Liability Corporation
P.O. Box 26139
Eugene, Oregon 97402-0413
:A
STATE OF OREGON )
County of )
ss
Property Description:
Sections 13 and 24 of
Township 22 South, Range
9 East and Sections 17, 18
and 19 of Township 22 South,
Range 10 East, Deschutes
County, Oregon
D AND SWORN to before me on this da ofG 1997,
b3' i who is the of
PIONEER LLC, a Limited Liability Corporation ' the State df gon, and
who acknowledged free and voluntary execution of this instrument for the uses and purposes
therein expressed.
OFFICIAL SEAL
DEBBIE JOHNSON
NOTARY PUBLIC -OREGON
COMMISSION NO. 061339
MY COMMISSION EXPIRES JAN. 29, 2001
Notary Publifor the State o Ore on
My Commission Expires: eel
5
ROAD VACATION PETITION
168 ® 0448
CROWN PACIFIC LIMITED PARTNERSHIP, an Oregon Limited Partnership, the
owner in fee simple of the following described property, consents to the vacation of that
portion of S.J. Pierce Road and Masten Road in Deschutes County, Oregon, as shown on
the attached Road Vacation Map and as more particularly described in Exhibit A and B of
this petition.
Property Owner's Name:
CROWN PACIFIC, LP
an Oregon Limited Partnership
121 SW Morrison, Suite 1500
Portland, Oregon 97204
STATE OF OREGON )
) ss
County of � saAafc- )
Property Description:
Sections 23 and 26,
Township 22 S, Range 9 E,
Willamette Meridian,
Deschutes County, Oregon
SUBSCRIB D AND SWORN to before. me on this / 3+'` day of /Y)IVC44
by-� A)A who is the DA,of CR09WN
PACIFIC, LP, a Limited Partnership in the State of Oregon, and who aclaiowledged free
and voluntary execution of this instrument for the uses�nd pu ose t ere' expressed.
o
Notary ublic for the State of Oregon
My Co 'ssion Expires: flu- V, 1Mo l
oFFICML WAI.
ROBIN A BEARUP
-1TNOTARY PUBI.I04)REQON
COMMISSION NO. 304290
Mr1S1oN EXPIRES AUd. 2a 2001
Rl
After recording, please return to:
Deschutes County Surveyor's office
117 NW Uf3yette Avenue
Bend, Oregon 97702
1:I I.
DEDICATION DEED
16� p 0449
KNOW ALL MEN BY THESE PRESENTS, that PIONEER RESOURCES,
LLC, a Limited Liability Corporation of the State of Oregon, hereinafter call the Grantor,
being lawfully seized in fee simple of the following described premises, in consideration of
the granting of a Petition for Vacation, which is the whole consideration, heretofore granted
by Deschutes County, a political subdivision of the State of Oregon, does hereby dedicate
for the use of the public as a public way forever that certain real property situated in the
County of Deschutes and State of Oregon, shown on the attached Exhibit "B" and being
more particularly described as follows:
DEDICATION AND RIGHT-OF-WAY
Descnbed on Eidubit "A' and Shown on Exhibit 'B",
attached hereto and by this reference made a part hereof.
Grantor hereby covenants to and with Grantee, its successors and assigns, that
Pioneer Resources, LLC, is the Owner of said property which is free from all encumbrances,
except for easements, conditions and restrictions of record, and will warrant and defend the
easement rights herein granted from all lawful claims whatsoever, except as stated herein
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE
LAWS AND REGUTATIONS. BEFORE SIGNING OR ACCEPTING THIS
INMUMENT, THE PERSON ACQUIRING FEE TITLE TO TnE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES AND TO DETERKME ANY LIMITS OR LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS. DEFINED IN ORS 30.930
To have and To Hold, the above-described and granted premises for the
Purposes hereinbefore set forth unto the public forever.
IN WIT' F WliEMOF, the Grantor above named, has caused this
instrument to be duly signed this 2 (o day of (-Ep-2u A lui , 199$
PIO OURCES,
LLr—
a limit lia corms a ' e tate of Oregon
By;
6
STATE OF OREGON )
County of ass 168 0450
SUB_SCRIB D AND SWORN to before me on this day of,� , 199!
by who is the i of
PIONEER RESOURCES, U.C, a Limited Liability Corporation t e Stat ofegon, and
who acknowledged free and voluntary execution of this instrument for the uses and purposes
therein expressed.
OFFICIAL SEAL
(9 DEBBIE JOHNSON
NOTARY PUBLIC•ORFCDN
COMMISSIONNO.=339 Notary Pu0i for the State of O egos
MY COMMISSION EXPIRES JAN. 29, 2001 My Commission Expires: o
Accepted as a public road on behalf of the
Board of Commissioners of Deschutes County,
Oregon, pursuant to Resolution and Order
No.
Dated this day of 1997
By:
Jeff Kern, County Surveyor
7
EXHIBIT "2"
168 - 0451
PARCELI
All of that portion of the 1907 J.N. Maston Road as established on December 17, 1907 in the
Crook County Commissioners Journal Volume 4, page 181, lying within Sections 18 and 19, T.
22 S., R 10 E., Section 24, T. 22 S., R. 9 E., and all of that portion of said road in Section 17, T.
22 S., R 10 E ., W. M., lying West of the North-South centerline of said Section 17, Deschutes
County, Oregon.
PARCEL 2
All of that portion of the 1915 S.J. Pierce Road as established on November 3, 1915 in the Crook
County Commissioners Journal Volume 5, page 384, lying within Sections 13, 14, 23, and 24, T.
22 S., R 9 E., and all that portion of said road lying within Sections 18 and 19, T. 22 S., R 10 E.,
W.M., Deschutes County, Oregon;
EXCEPTING THEREFROM the southerly twenty (20.00) feet of the easterly twenty (20.00) feet
of Section 23, and the southerly twenty (20.00) feet of Section 24, T. 22 S., R. 9 E., W.M.,
Deschutes County, Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 30, 1878
JEFF A. KERN
1081
JEFF KERN & ASSOCIATES, INC.
Professional Land Surveyors
1030 NW Newport Avenue
BEND, OREGON 97701
EXHIBIT "C"
CERTIFIED MAIL 168 U453
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON JULY 29, 1998, AT 10:00 A.M. IN THE DESCHUTES COUNTY
BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 NW
HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING
DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD.
NOTICE TO MORTGAGEE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES A P BE FORWARDETrO
THE PURCHASER.
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of J.N. Masten and all of S.J. Pierce Road located in Deschutes County be vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of -66—existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Public Works Department, 61150 S.E. 27th Street,
Bend, Oregon, (541) 388-6581.
ORS 368.326 to 368.366 provides authority for road vacation.
B ARD OF COUNTY C MMISSIONERS
SCHUTE UNTY, OREGON
NANCY PO E S HLANGEN, Chair
PUBLISHED: Bulletin — July 9, 1998 and July 19, 1998
POSTED: July 9, 1998
MAILED: June 29, 1998