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1998-57740-Order No. 98-169 Recorded 12/3/199898-5771-0 kY BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COUNGON EL �. An Order accepting and approving the County Road Official's Report on the vacation of a portion of Frank 98 DEC _3 Ogles Road located in, Deschutes County, Oregon, �` 49 setting a date for a public hearing, and providing for MARY SUS E'f �'lI�LLOW public notice of said hearing. COUNTY CLERK ORDER NO. 98-169 WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the vacation by Resolution Number 98-126 dated on November 25,1998; 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 Frank Ogles Road, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted and hereby approved. Section 2. That on Wednesday, January 6, 1999, at 10:00 a.m. at the Deschutes County 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 a5 day of K] o� , 1998. A ST: �"ZjekA—� Recording Secretary 1 - ORDER NO. 98-169 BOARD OF COUNTY COMMISSIONERS (at DESCHUTES, COUNT', OREGON �T 9MAMiM%' I LINDA L. SWEARINGEON,r�COMMISSIONER FILED � wT' Y'P �re14Pn D E C 3 )( 199a DEC 1 \TES 170 0014 fU EXHIBIT "A" ro!Y;Road De artment 0 .. 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 MEMORANDUM TO: Board of County Commissioners FROM: Dick Johnson, Management Analyst, Deschutes County Road Department DATE: November 17, 1998 SUBJECT: Engineer's Report Vacation of a portion of 1916 Frank Ogles Road 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 (attached as "Exhibit A") from Francis L. Andrews,. Barbara Bell Doherty, John Burns, and Paul Stultz requesting the vacation of a public road right-of-way. The requested vacation is for that portion of the 1916 Frank Ogles Road established on May 6, 1916 in Crook County Commissioner's Journal Book 5 page 455 lying within the West one-half of Section 27, Township 17 South, Range 14 East, W.M., Deschutes County, Oregon, excepting therefrom the portion lying within the right- of-way of Dodds Road. The petitioners, Francis L. Andrews, Barbara Bell Doherty, John Burns and Paul Stultz own the abutting property on the south and north sides of the road right-of-way proposed for vacation. The petitioners are requesting the road vacation because they believe this road right-of-way access is not needed and has it ever been used. This non-existent road was not on any maps and was not found by title searches when all adjacent properties were purchased. Apparently, Crook County established the right-of-way for Frank Ogles Road in 1916. It was never on any county maps until December 1998 when the Assessor's Office drew it on the map. This action subtracted acreage from adjacent parcels without notification of the undersigned property owners. After this partial right- of-way vacation, tax lots 1000 and 1500 to the east owned by COI and Deschutes county respectively are still accessible via Walker Road and Frank Ogles Road in the eastern half of section 27. Discussion: The road right-of-way proposed for vacation lies within the west one-half of Section 27, Township 17 South, Range 14 East, W. M., Deschutes county, Oregon, excepting Quality. Services Performed with Pride 170 - 0015 therefrom the portion lying within the right-of-way of Dodds Road. The property is zoned EFU (Exclusive Farm Use) Alfalfa Subzone. The land adjacent to the road right- of-way is occupied by agricultural uses. The vacant land to the east is owned by the Central Oregon Irrigation (COI) District and Deschutes County and is accessible to Frank Ogles Road and Walker Road for access. The COI is concerned with having access to the western portion of its property if this section of Frank Ogles Road is vacated. Their concern is that they don't have a bridge across the COI Canal from the east side of their property, tax lot 1000, served by Frank Ogles Road to their property on the west side of the canal. The solution to providing access to the western portion of the COI property may be the establishment of an access easement across land owned by Deschutes County to the south to reach Walker Road. An access easement across the county owned land; tax lot 1500 would eliminate the need for the COI to have to bridge the canal. The petitioners represent all of the private properties abutting the section of Frank Ogles Road proposed for vacation. Central Electric Cooperative, Inc. has overhead power lines in this right-of-way and wants to reserve a utility easement on the vacated section of Frank Ogles Road. There was no evidence of underground utilities within this section of right-of-way. The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Bend Cable: No response. Cascade Natural Gas: No response. Avion Water Company: No response. Central Electric Cooperative, Inc: Responded: Central Electric Cooperative, Inc. currently has overhead power lines located on this property. We would like to reserve a utility easement on the vacated Frank Ogles Road. Please contact Bruce Hunt with any additional questions." Central Oregon Irrigation District: Ron Nelson, Secretary responded: "The Central Oregon Irrigation District has received a "Preliminary Vacation Notice" regarding a portion of Frank Ogles Road in the Alfalfa Area. We would like to discuss the proposed vacation as it could impact access to our property on the west side of our canal. Please advise me when I could meet with you." I talked to Ron Nelson about providing access to COI property across county property, as did Jim Bonnarens of County Property Management. The issue of access to the west side of the COI property was addressed in a letter dated November 16, 1998, from Jim Bonnarens to Ron Nelson. The letter is attached to this report. Pacific Power: No response. 17® - 0016 U. S. West Communications: No response. Deschutes County Property Management: Jim Bonnarens responded: "Deschutes County property Management does not have any interest in that portion of Frank Ogles Road proposed for vacation." Deschutes County Community Development: No response. Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department makes the following findings: The right-of-way proposed for vacation was dedicated for road purposes on May 6, 1916 in Crook County Commissioner's Journal Book 5 Page 455 lying within the West one-half of Section 27, Township 17 south, Range 14 East, W. M. Deschutes County Oregon, excepting therefrom the portion lying within the right-of-way of Dodds Road. 2. A utility easement does need to be reserved in and upon all of the property as the Central Oregon Electric Cooperative, Inc, has overhead utilities within the right-of- way proposed for vacation. 3. This portion of Frank Ogles Road was never constructed and open for traffic. 4. The petitioners, adjoining property owners, were not aware that the right-of-way for Frank Ogles Road existed. 5. The COI owned property to the east; tax lot 1000, lying east of the canal has access to the east via Frank Ogles Road to Walker Road. The portion of the COI owned property lying west of the canal has access to Walker Road via easement over land (tax lot 1500) owned by Deschutes County. 6. The property adjoining this right-of-way is zoned EFU (Exclusive Farm Use) in the Alfalfa Subzone. 7. All of the land adjoining this property proposed for vacation is in agricultural uses. 8. None of the adjoining properties uses this right-of-way for access and these properties all take access from Dodds Road on which they have frontage and legal access. 9. Frank Ogles Road would be classified as a rural local road on the Deschutes County Transportation Plan, if it had been shown on any of our local maps. 170 -- 0017 10. 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. Recommendation: The County has maintained a policy of not vacating land that would leave any parcel without legal frontage on a public road. The proposed vacation of this portion of Frank Ogles Road does not leave any parcel without legal frontage on a public road. The COI property to the east, tax lot 1000, does have legal frontage to Frank Ogles Road to the east. That portion of the COI property lying west of the canal has access via an access road across county owned property, tax lot 1500. If following the public hearing, the Board approves the vacation, the Road Department recommends the following conditions: 1. Reservations for utility easements shall be retained upon this parcel for the existing utility facilities and any future utilities. 2. The Central Oregon Irrigation District and Deschutes County shall place a legally recorded access easement over the access road, on tax lot 1500, that runs on the west side of the canal from Walker Road to the COI property. 3. The vacated property shall vest with the abutting property owner in accordance with ORS 368.366. EXHIBIT W 170 0018 PETITION FOR VACATION OF A PUBLIC ROAD TO: THE DESCHUTES COUNTY BOARD OF.COMMISSIONERS We, the undersigned (holding recorded interest,or abutting the proposed property or owning improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. 0,2-0s 0 YD q -0--c- + -� Peee6ptien-ofroad to be vaeated: \rx� j -� E! \1 eNc- %. �p'Scri }� o l I �r road vacation request: Located in A k S2 o.� 'SL Com.- , Deschutes county. DATED NAME day of Qq-160 l,e.,-- —, - - ) ss. County of D e S c On this day of .tv , in the year 19yk, before me, a Notary Public, personally appeared i3aA fug.-� �e� Dd ��t�- y� -personally known to me (or proved to me on the basis of satisfactory evidence) to be the person() whose names) is(are) subscribed to this instrument, and acknowledged that he (she, they) execute d it !No TNESS my d and official seal ry Public for Oregon. My Commission expires: OFFICIAL SEAL JUDYDAWSON NCA COMMISSI ON NO.311 MY COMMISSION EXPIRES APR. 08 1000 Page 1 of 2 70 In 0 F e 01, 4--C-e.9 -Q cam. 11 uj ck- Vi Gk -.9 S\C-Q- � i Y -,O tot) CTOOr-, C -buy -Ory. --T - a, S %(\a v Q-, p O\Y.-, couy\.A// Ymoo�s uy\-Vk\ 9's, z'k CV � Fvovv-%t owy-'e-c-E. )000 -ST 0 01 ol CC 'Q_.SS -P _'4� V jo,'.UJO, . I VJZ - pow, STATE OF OREGON County of ss. 170 - 0020 On this day of , in the year 19 , before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose. name(s).is(are)_. _ subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: STATE OF OREGON ) ss. County of ) On this day of , in the year 19 , before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: STATE OF OREGON ) ss. County ofs�-s ) On this -7 day of nt.Vbbe( , in the year 193�L_, before me, a Notary Public, personally appeare4Q,,,� Fmv b %—. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it WITNESS my hand and official se I OFFICIALSEAI, . r JANICE L CLARK NOTARY Puaua OREGON of ry Public for Oregon. COMMISSION NO.311201 y ommission expires: T_y2 ItY CommiSSfo11 EM YAY 31,2002 TELEPHONE: �%�`�•��109 Page 1 of 2 . KOV-17-98 TUE 12:10 PM IX PA: Afe Property a V/001 November 16, 1998 Central Oregon "gation District c/o Ron Nelson 2598 N. Highway 97 Redmond, Oregon 97756 P. I ADMINISTRATION BUILDING -1130 NW NARMMAN I BEND, FACSIMILE ORE ON 59 7701 5408 James L. Bonnaiens, Field Analyst W 541-3851414 Pa(d S. Mecca, Property ManagementAsgstant 6541-383-8710 RB: Accessing canal through Deschutes County property. PLEASE REFER TO FILEN0,13-136 Based on our conversation on November 16, 1998, Deschutes County does not have any problems allowing Central Oregon Irrigation District to access canals that run through County owned real property. The parcel that was in question is described as 17-14-27.00-01500 located in the Alfalfa area. There is an access road the runs adjacent to the canal and we would ask that all vehicular traffic be confined to that road. If you have any further questions, please feet free to contact me at the number listed above. Sincerely, IAMBS L. BONNARENS Field Analyst a es �- 3.%pWpeM Mmtagement\jbWs\misedocICOM.LET.dcc postaty Fax Note 7671 oaf Frammw��,, y�nraµ3 To �lC� JdC'♦&V- 00. Pre co.rvept. R'04 -'J, a►rone a r Quality Services Performed with Pride 170 ~0022 EXHIBIT "B" Vacation of a Portion of the 1916 Frank Ogles Road That portion of the 1916 Frank Ogles Road as established on May 6, 1916 in Crook County Commissioner's Journal Book 5 Page 455 lying within the West one-half of Section 27, Township 17 South, Range 14 East, W.M., Deschutes County, Oregon, excepting therefrom the portion lying within the right-of-way of Dodds Road. SUBJECT TO the reservation of a utilities easement in and upon all of the property; for the purpose of continuing, constructing, installing, maintaining, repairing, reconstructing, replacing, enlarging and altering; wires, poles, pipes, lines, structures, casings, supports, equipment, facilities and appurtenances; at the present and in the future; necessary or convenient; to Deschutes County, a political subdivision of the State of Oregon, it's agents, licensees and permittees; forever. PROFESSIONAL REGISTERED (,,AND SIURVEYOR OR EG O N MICHAEL J. BERRY, JULY 26, 1989 2390 4,-riew5 12131 G:\DATA\WORD\MJB\VACATE\ogles-vacate-igi.doc 11/03/98 12:45 PM mjb 171) M 0023 EXHIBIT "C" CERTIFIED MAIL 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 JANUARY 6, 1999, 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 21� IRES THAT IF YOU RECEIVE THIS NOTICE. IT MUST PROMPTLY BE FORWARDED T In response to a petition by landowners, Deschutes County initiated the vacation of a of Frank Ogles 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 an 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. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON LINDA L. SWEARINGEN, Chair PUBLISHED: Bulletin — December 17, 1998 and December 27, 1998 POSTED: December 17, 1998 MAILED: December 7, 1998 O 2 -!T 07 bl /I OOW SOS 82 41 LI dW SOS 17© - 0024 Z o O a -� Q � Z v`+ 0 ul t./ LIJ L© O 0. W J :lz c9 �> n 17© - 0024 Z o O a -� Q � Z v`+ 0