1998-58113-Order No. 98-199 Recorded 12/21/1998• 9S-581.13 1 U 1 8 REVIEWED
9S-5'72'12
BEFORE THE BOARD OF COUNTY COMMISSIONERS O F LEGAL COUNSEL
DESCHUTES COUNTY, OREGON 527 °' 0477
An Order vacating a portion of J.N. Masten ) Vacation Order Ngo. - ; 36`
Road and a portion of S.J. Pierce Road, )
located in Deschutes County, Oregon. ) MARY SUE "PEN "r ; O L L O W
COUNTY CLERK
ORDER NO.
WHEREAS, a petition for vacation was filed by Pioneer Resources LLC on
February 27, 1998 requesting the vacation of a portion of J.N. Masten Road and a portion of S.J.
Pierce Road, as described on Exhibits A and B, attached to and made a part of this Order, and
WHEREAS, by statutory bargain and sale deed, recorded at Book 5J-6 Paged,
Frontier Resources LLC acquired Pioneer Resources LLC's interest in the subject property, and
WHEREAS, Frontier Resources LLC consents to the proposed vacation, and
WHEREAS, the Board of Commissioners requested a report from the County
Road Official, and
WHEREAS, the Board of Commissioners accepted the report as required by
ORS 368.346 and set a public hearing on July 29 ,1998atxxxxxxxxxxxxx by Resolution
No. 98-026, and
WHEREAS, notice of the hearing was given in accordance with ORS 368.346(3)
and 368.401 to 368.462, and
WHEREAS, the Board of Commissioners held such hearing to consider the
petition presented under ORS 368.346, and
WHEREAS, the Board of Commissioners finds as follows:
1.. The portions of S.J. Pierce Road and J.N. Masten Road, described in
Exhibits A and B, were originally surveyed in 1915 and 1907,
respectively, are unimproved rights-of-way, and have not been improved
by the County for road purposes.
2. The subject rights-of-way traverse privately owned timberlands Lt lie
been in private ownership since 1932. < q
c "' n
3.. The subject rights-of-way do not provide a reasonable conneetien baeen
6th Street and Masten Road and are not needed for that conn,Rhh n
because the surveyed rights-of-way are unimproved, do notf7ea4le"--
-nidee-h
direct link to these east -west county roads, and other more
alternative connections exist.
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1.70 0787 527 - 0478
4.- An existing BLM road in Section 20 provides a more direct alternative
connection between Masten Road to the south and 6th Street at the north.
By requiring a dedication covenant from petitioner of 4220 lineal feet of
road right-of-way at the north end of that alternate connection, this
alternate north/south route between 6th Street and Masten Road is
available in its entirety in the event that the County determines that such a
connection is necessary and appropriate.
5. The unimproved portions of S.J. Pierce Road and J.N. Masten Road
subject to this vacation proceeding are not a necessary or feasible
alternative for emergency use since they are unimproved and alternate
roadways are available to the east through BLM lands which provide a
more suitable existing alternative for residents in the area.
6. A dedication covenant binding Petitioner to the dedication of road right-
of-way along the petitioner's eastern boundary in Section 17 serves to
ensure that north/south alternate connection between 6th Street and
Masten Road can be established at the county's discretion.
NOW, THEREFORE, based on the foregoing, the Board of Commissioners finds
that it is in the public interest to vacate a portion of J.N. Masten Road and a portion of S.J. Pierce
Road as provided below.
The Board of Commissioners of Deschutes County, Oregon orders as follows:
Section 1.
That the portions of J.N. Masten Road and S.J. Pierce Road, described in
Exhibits A and B, attached hereto and by this reference incorporated herein, are hereby vacated.
Section 2.
That the petitioner shall agree to record a Dedication Covenant as
provided for in Exhibit C by which the petitioner agrees to dedicate a 60
ft. right-of-way over and through its property in the event that Deschutes
County determines it necessary and appropriate to create a right-of-way
for county road purposes connecting Masten Road to 6th Street.
Section 3.
That the property, vacated in Section 1 shall vest in the owner of the land
abutting the vacated property pursuant to ORS 368.366(1)(d).
0175726.01
170 0788 527 - 0479
Section 4.
That the Deschutes County Surveyor is directed to mark the plat, if any, as
provided by ORS 271.230.
Section 5.
That this order shall be recorded with the Deschutes County Clerk and
copies shall be filed with the Deschutes County Surveyor and County Assessor.
ATTEST:
Recording Secret
.gon
SUBSCRIBED AND SWORN to before me this L(a day of Lec_ — 1998 by
/VdI'1�Z� �eM� f�nbeet L
L.-�nd�• L... �wear.n jt�
Notary Public for Oregon
My Commission Expires: 4--_18-01
AMk OFFICIAL SEAL
ANITA MUTCHIE
NOTARY PUSUC-OREGON
COMMISSION NO. 061517
MY COMMISSION EXPIRES APRIL 18, 2001
0175726.01
170 - 0789
527 e 0480
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, 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 that portion lying adjacent to the south section line of said Section 24, T. 22
S, R. 9 E, W.M., Deschutes County, Oregon.
170 0790
11:3 v 05
:
527 - 0481
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.
• 527 °- 0482
170 0791
EXMBIT C
DEDICATION COVENANT
Frontier Resources, LLC, an Oregon limited liability company (herein "Frontier"), is the
record owner of certain real property located in Deschutes County, Oregon by a deed recorded at
Book 5 I Page 2112 Pursuant to Order No. i -i4 the Board of County Comissioners of
Deschutes County vacated a portion of J.N. Masten Road and a portion of S.J. Pierce Road and
as a condition of the vacation required that a dedication covenant be recorded affecting a portion
of the Frontier's property as described on the attached Exhibit C Legal Description.
Therefore, Frontier hereby agrees that if at any time in the future, Deschutes County
desires to create a right-of-way for county road purposes on Frontier's property as described on
the attached Exhibit C Legal Description, the undersigned will agree to dedicate, free of
enevnibranees, a 60 -foot wide right-of-way over and through the Exhibit C property.
The covenant contained herein shall run with and bind the land and shall enure to the
benefit of and be enforceable by Deschutes County and Frontier.
Frontier and all persons hereafter claiming by or through Frontier shall at any time
hereafter, at the request of Deschutes County, take all such further action necessary to effect the
dedication of the above-gaated covenant as may be reasonably be required.
Dated this(Q day of -DCC Ekk5M998.
DESCHUTES COUNTY FRONTIER RESOURCES, LLC
By By
Subscrib=rn to before me this ,�Vjday of 1998, by
as hof Frontier Resources, LLC.
OFFICIAL SEAL
DEB�.
NOTARY BPUBLIC-OREGON Notary Publigoi Oregon
COMMISSION NO. 061339 M Cices: ' Q�
MY COMMISSION EXPIRES JAN. 29, 2001 y ommission expires:
Subscribed and sworn to before me this day of 1998, by
, as of Deschutes County.
Notary Public for Oregon
My Commission expires:
527 -0493
• 170 °° 0792
AI'll 1 V WK•
DESCRIPTION SHEET
Frontier Resources, LLC
Road Dedication
A sixty (60.00) foot wide strip of land for road right-of-way, comprised of a series of
individual segments, with the endpoints of each segment extended or shortened as necessary to
form an unbroken and evenly dimensioned right-of-way, being a portion of that certain property
described in Exhibit "A" of a Bargain and Sale Deed from Crescent Creek Company to Pioneer
Resources, LLC, recorded in Volume 417, Page 0255, of Deeds in the Deschutes County Clerk's
Office, located in Section 17, Township 22 South, Range 10 East, of the Willamette Meridian,
Deschutes County, Oregon, described as follows:
Segment 1:
The South sixty (60.00') feet of the following described parcel, bound on the East, by the
westerly line of an existing County Road (Sixth Street, La Pine), and bound on the West by the
westerly line of the following described parcel, also being the easterly line of Lot 3, Block 4,
DESCHUTES RIVER ACRES;
A tract of land described as Parcel 2, in Volume 417, Page 0257, of Deeds in the
Deschutes County Clerk's Office: A tract of land lying in the Southwest Quarter of the
Northeast Quarter (SW 1/4 NE 1/4) of Section Seventeen (17), Township Twenty-two
(22) South, Range Ten (10) East of the Willamette Meridian, Deschutes County, Oregon,
more particularly described as follows:
Beginning at the Southwest corner of said SW 1/4 NE 1/4; thence North along the West
line of said SW 1/4 NE 1/4, a distance of 330 feet; thence East parallel to the South line
of said SW 1/4 NE 1/4, a distance of 200 feet; thence South parallel to the West line of
said SW 1/4 NE 1/4, a distance of 330 feet to the South line of said SW 1/4 NE 1/4;
thence West along said South line a distance of 200 feet to the true point of beginning.
Segment 2:
The South sixty (60.00') feet of the East sixty (60.00') of Lot 3, Block 4, DESCHCTTES
RIVER ACRES.
Segment 3:
The East sixty (60.00') feet of the Northeast Quarter of the Southwest Quarter (NE 1/4,
SW 1/4) of said Section 17.
Jctr Kern & Assw_ Inc.
PFOk"WAa LUW
P.O. Box 1244, Bmd, OR 97709 9 (541) 389-4736
527 - 4484
170 - 0 793
Segment 4:
The South sixty (60.00') feet of the Northeast Quarter of the Southwest Quarter (NE 1/4,
SW 1/4) of said Section 17.
Segment 5:
The South sixty (60.00') feet of the East sixty (60.00') feet of the Northwest Quarter of
the Southwest Quarter (NW 1/4, SW 1/4) of said Section 17.
Segment 6:
The East sixty (60.00') feet of the Southwest Quarter of the Southwest Quarter (SW 1/4,
SW 1/4) of said Section 17. It is intended that this strip of land for road right-of-way terminate at
the North line of Section 20, Township 22 South, Range 10 East, W.M.
STATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
1, MARY SUE PENHOLLOW, COUNTY CLERK AND
RECORDER OF CONVEYANCES, IN AND FOR SAID
COUNTY, DO HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED THIS DAY:
98 DEC I8 19' 48
---
rUE �_GIRK
REGISTERED
Fr Orr_SSfONp1l
M IINC`t
LAND SURVEYOR
o :'GOtl
JULY 30. 1978
JEFF A. KERN
1081
BY.Ate/ DEPUTY
N0. 9 S r 5,7 21L2 FEE O. 0U Jeff Kem & Assoc., Inc.
Prole i w Lud &ffmo s
DESCHUTES COUNTY OFFICIAL RECORDS P.O. Box 1244, Bend, OR 97709 IN (541) 389-4736
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