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1998-57741-Resolution No. 98-126 Recorded 12/3/199898 —57741 17 0 -° U U 2 5 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE C BEG;C�IV ` YT L _ A Resolution Initiating the Vacation of a portion of Frank Ogles Road located in Deschutes County, Oregon, Describing the Property Proposed to be Vacated, the 98 DEC -3 PM 1: 50 Reasons for the Vacation, and requesting that the MARY SUE f'LsI�OLLGW County Road Official file a Report. COUNTY CLERK RESOLUTION NO. 98-126 WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for vacation of a public road known as a portion of Frank Ogles Road, located in Deschutes County, Oregon; and WHEREAS, the Board of County Commissioners has determined it to be in the public interest to consider such vacation; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to vacate a portion of Frank Ogles Road described in Exhibit "A", attached hereto and by this reference incorporated herein, because it appears the road is no longer needed for public use, and will not be needed in the future. Section 2. That the County Road Official shall file a Report with the Board of Commissioners, describing the ownership and uses of property to be vacated, and whether the vacation would be in the public interest, within fourteen (14) days of the date of this Resolution. DATED this o?$ day of 71998. BOARD OF COUNTY COMMISSIONERS OF DESCHUTI�_S COUNTY, OREGON EN, CHAJ' '0� '00AIN �/.. LINDA L. SWEARINGEN, COMMISSIONER 1 -RESOLUTION NO. 98-126 IAICROFIL\Ep DEC 3 P 1998 DEC 2 iSID8 170 -0026 EXHIBIT "K 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 I -AND $SURVEYOR O R E G O N MICHAEL J. BERRY, JULY 25, 1989 2390 s 12,131/ G:\DATA\WORD\MJB\VACATE\ogies-vacate-lgl.doc 11/03/98 12:45 PM mjb 97 bl 11 OON1 SOS 92 41 LI dW SOS 170 - 0027 ul L\\\© O qz ��0. J V) � > O o 170 - 0027 . \1 -ES MEMORANDUM TO: Board of County Commissioners 170 - 0028 Road Department 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 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 -4 0029 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. 170 ~ 0030 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: 1. 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 --0031 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. NOV-17-98 TUE 12;10 PM 0.,, November 16, 1998 Central Oregon Irrigation District c/o Ron Nelson 2598 N. Highway 97 Redmond, Oregon 97756 P. 1 170- - 0032 Property Management ADMINISTRATION BUILDING -1130 NW HARRIMANBENDFAcsImILfc p5 OREGON 97701 8-5408 James L. eonnamns, held Analyst 9 541-305-1414 Pahl S. Mecca, Pmpe* ManagemelltAsdstanf 9541-383-8710 RE: Accessing canal through Deschutes County property. PLEASE REFER TO Fax, No.: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 feel free to contact me at the number listed above. Sincerely, //� �ii..l.. Fra"r�A"'.i'•'V t�AM/f 4F,S L. BONNARENS Field Analyst S:\property Mmnagcmcntljim'sUniscdoc`cOID.LET_doc Post-itID Fax Note 7671 To co.roept. (?-OAA - Q11ality Services .Performed with Pride EXHIBIT "A" 170 - 0033 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. kLosoYD +h'4 geseriptien-ofroad to be vacated: __r�\_N5 fbr road vacation request: Located in AN CoA\LC>-- _, Deschutes c;ounry. DATED is day of �'fo NAME STATE OF ORE N County .D e aL ADDRESS /i r On this ,Z„ day of tv 3-e l , in the year 19�, before me, a Notary Public, personally i3 �dvr� personally known to appeared me (or proved to me on the basis of satisfactory evidence) to b the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my n d and official seal Not ry Public for Oregon. My Commission expires: �i��' o� OFFICIAL SEAL JUDY DAWSON NOTARY PUBLIC -OREGON COMMISSION NO. 311407. MY COMMISSION EXPIRES APR. - Page 1 of 2 42.S 70 0034 -e afrc w )Nz ry Uv P- u f - C, 1� O's Q - Y -13 C�00�C-buy\A-/. jv� v C-1 0\ u Y\. L) Y\ vo F e ss o ('-5 + \ Y\ A— cN ovQ%Y\e-C-E. V ONJZ )00(D I ol, CC Q- 9 S W -P V W 0, STATE OF OREGON ss. County of 170 0035 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: 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 `DW=-' -a-s ) On this -7 day of n e.Vbbe t , in the year 193L, before me, a Notary Public, personally appeare&O,o4 - Fmy c�,� �—0.",ce-3S 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 d official seal OFFICIAL SEAL JANICE L CLARK NOTARY PUBLIC OREGON of ry Public for Oregon. COMMISSION N0.311201 y ommission expires: I _y2 Lj Y COM1400 EMIRES WAY 31, 21M I CERTIFY THAT THIS IS THE TRUE AND ORIGINPhk.T �ON CIRCU&A-TP&BY ME. TELEPHONE: Page 1 of 2