2000-46-Order No. 2000-001 Recorded 1/31/2000VOL: CJ2000 PAGE: 46
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-46 * Vol -Page Printed: 02/01/2000 09:42:55
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Jan. 31, 2000; 8:19 a.m.
Order (CJ)
NUMBER OF PAGES: 11
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KE'U HED
F E F 12000
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT S COU$TY)REGC
M fl- COUNSEL
An Order Accepting and Approving the County Road *aC
Official's Report on the Vacation of a Portion of a Road00 JAN 3 i 8� 19
Offered for Dedication to the Public in Deschutes
County, Oregon, Setting a Date for a Public Hearing, and * MARY SUE FENNOLLOW
Providing for Public Notice of Said Hearing. COUNTY CLERK
ORDER NO. 2000 - 001
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2000-01 dated this date; 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 set forth in Exhibit A, attached hereto and by this reference
incorporated herein, relating to the vacation of a certain portion of road offered for dedication to the
public described in Exhibit B, attached hereto, is hereby accepted and hereby approved.
Section 2. That on Wednesday, March 1, 2000, 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 thisv�(o -day of January, 2000.
ATTEST:
c �C�
Recording Secretary
1 - ORDER NO. 2000-01]
BOARD OF COUNTY COMMISSIONERS
OF DESJaHUTES, COUNTY, OREGON
DA L. S17V.€pCRNGEN, OHAIR
TOM DRWOLF, COMMtMONER
DENNIS R. LUKE, COMMISSIONER
t 1t
MEMORANDUM
TO: Board of County Commissioners
FROM: Dick Johnson, Management Analyst, Road Department
Bruce White, Deputy Legal Counsel
DATE: January 6, 2000; amended January 25, 2000
SUBJECT: Engineer's Report, Vacation of a portion of an easement offered for public
access off Wilt Road within Lynwood Acres Subdivision and one adjoining
undeveloped parcel to the south.
Background:
On February 6, 1963, the Atkins family, owners of a property referred to here'as the.
Cascade Woods tract, recorded a deed at Book 134, Page 12, describing several
easements as public -right-of-ways that run through the Cascade Woods tract. These
easements were described in conjunction with a survey of the Cascade Woods tract that
purported to divided the Cascade Woods tract into 5 -acre parcels for development
purposes. (See Attachment #1.) Except for tracts that were deeded off by individual
sales prior to the time the County's subdivision and partition ordinances were enacted,
the Cascade Woods land division was not recognized by the County, and the
development is regarded by the County as being an illegal land division. Accordingly,
the County regards the 1962 offer of a public easement as having never been accepted by
the County.
This has resulted in the status of the easements described in 1963 as being in somewhat
of a legal limbo. From the deed records, it appears that these easements may be open for
public use, while legally speaking the County has never taken action to give effect to the
recorded dedication deed. This has lead to uncertainty as to the status of the easement set
forth in the portions of the easements described in the 1962 deed.
In particular, there has been a dispute relating to the status of that segment of the
easement that crosses an 80 -acre tract that is made up of former Tax Lots 14-10-2413-100
and 14-10-2413-101 (referred to as the Weber tract) between members of the Atkins
family, who retained property to the north, and the current and former owners of the
Weber tract. Although that accessway has not been developed, it has been traversible by
vehicle.
The Webber tract has recently been platted into a 5 -lot cluster development known as
Lynwood Acres and is owned by Blake Weber and Eric Weber. The approval of that
development was subject to a condition that noted the possibility that the disputed access
easement could constitute a public right-of-way.
To clear up this situation and to clear their title of the disputed access easement, the
Webers have filed a petition requesting the vacation of the access easement as it crosses
the Weber tract and an adjoining tax lot (Tax Lot 14-10-24C-100) owned by Larry
Atkins.' The property owned by Mr. Atkins has access to and frontage on Wilt Road.
The Webers have granted a private access easement across the eastern and northern
boundaries of the subdivision to provide access to Larry Atkins and other property
owners to the north and west who might have been provided access by the easement
segment proposed for vacation. The Webers have constructed a gravel -surfaced road
within the new easement crossing their property to provide vehicular access to those
properties.
The Sisters RFPD relied upon the existence of the southerly segment of the proposed
vacation (south of the cul-de-sac) easement as a secondary fire access point when it
consented to an exception to the length limit on cul-de-sacs. The Fire Department has
stated that the northerly part of the easement to be vacated can serve that function just as
well, of not better, than the southerly portion. Any vacation of the easementwill need to
be subject to an adequate assurance that the northerly portion of the easement area will be
kept in a condition that allows for ingress and egress by fire trucks from afid ,to Forest
Service Road 200 to the north of the property.
The vacation of the subject portion of the existing access easement and dedication of the
new private easement is desirable to avoid crossing lots within the Lynwood Acres
subdivision by the current access easement. The Lynwood Acres plat shows the new
easement along the eastern and northern boundaries of the subdivision plat.
Due to a change in the Oregon Laws in 1993, a replat no longer serves to vacate a public
road (ORS 92.185(5)). Therefore, a separate administrative procedure is required to
vacate any undeeded dedications within the replatted areas.
Discussion:
The sixty -foot wide access easement is located within Township 14, Range 10, Section
24B tax lots 100 and 101 and tax lot 100 on Township 14, Range 10 and 24C. The
property is zoned RR10 WA (Rural Residential (10 acre minimum)) Wildlife Area. The
land adjacent to the access easement is undeveloped, being occupied by ponderosa pine
trees and brush. The public road and utility easement was recorded on February 6, 1963,
in Book 134, page 12. The platting of the Lynwood Acres Subdivision by Fred Ast
showed the existence of the access easement on this property.
No public utilities were observed in the area of the public road and utility easement
proposed for vacation.
1 To accommodate the parties desire to clear up the status of the subject easement, at the time of the hearing
on the proposed vacation, the county will accept the subject easement segment for the sole purpose of
giving it the legal authority to make the requested vacation.
The Road Department mailed preliminary notices of the proposed vacation to affected
utilities and agencies. Their responses are as follows:
Central Electric Cooperative: No response.
US West Communications: No response.
Property Owners: No response.
Community Development No response.
US Forest Service: No response.
Findings:
Based on preliminary responses, and the Department's research of the proposed vacation,
the Road Department makes the following findings:
1. The public road and utility easement proposed for vacation was recorded February 6,
1963 in book 134, page 12.
2. There is no record that this offer of an easement was ever accepted by the County,
however. This has created an issue as to whether in fact the subject easement is in
fact a public easement.
3. The public road and utility easement proposed for vacation has not generally been
used for roadway purposes; however, Larry Atkins, who owns nearby property and
who is also the son of the former owner of the subject property claims to have used
this roadway over the years for access to his property to the north.
4. There are no utilities lying within the public road and utility easement proposed for
vacation.
5. A new private easement with a gravel surfaced roadway has been created through the
platting of the Lynnwood Acres Subdivision to provide access to the properties that
would have been served by the easement being vacated.
6. The vacation of the easement will allow lots platted in the Lynwood Acres
Subdivision to be developed as residential lots.
7. The portion of the easement located south of Lynwood Acres that is being vacated
does not provide the only access to the Atkins parcel. This parcel also has frontage
on Wilt Road.
8. The owners of Lynwood Acres have constructed a gravel surfaced roadway within the
new private easement across their property to serve properties located to the north.
9. Vacation of the southerly portion of the easement would preclude alternative fire
access to the south. The Sisters -Camp Sherman Fire Department has given its written
approval of an alternative private alternative access using the northerly portion of the
subject easement.
Recommendation:
It is the assessment of the Road Department that the proposed vacation is in the public
interest so long as the alternate fire access utilizing the northerly portion of the easement
can be assured. To the extent that the public had rights to use this access easement, this
road and utility easement is not needed for access or utility purported since a new access
easement has been provided by the plat of Lynwood Acres to properties to the north and
west.
There are no utilities lying within the proposed vacation. The Engineer recommends that
public road and utility easement be vacated without a reservation for utilities.
The vacated property shall vest with the abutting property owner in accordance with ORS
368.366.
\\ZEUS\SHAREDILEGAL\MEMOS\BWW MEMOS\MEMO-EASEMENT WILT RD-LYNWOOD ACRES.DOC
Firs, Imerican Title Insuranct" Tompany of Oregon
An iwumed b skm num of 9'M B INSURANCE COMPANY OF OREOON
141 NW Greenwood Avenue • Bend, OR 97701 _
P.O. Box 323 • Bend, OR 97709 `
Phone: (541) 382-4201 • Fax: (541) 389-54311
November 24h, 1999
Legal Description prepared for: Mr. Eric Weber
A portion of ROAD 1., as described in Volume 134 Page 12 of the deed records of Deschutes
County and more particularly described as follows:
A strip of land 60 feet in width, the centerline of which is described as follows: Commencing at
the Northwest corner of Section 24, Township 14 South, Range 10 East of the Willamette
Meridian, Deschutes County, Oregon; thence South 89 degrees 20' East along the North line of
said Section a distance of 665.63 feet to the point of beginning of said center line; thence South 0
degrees 06' 30" West to a point on the North line.of the South Half of the Northwest Quarter of
the Southwest Quarter of said Section 24, and there terminating. The east and west lines of said
60 foot strip being lengthened or shortened so as to make the points of terminus of the East and
West lines thereof, the North line of said Section 24 and said North line of the South Half of the
Northwest Quarter of the Southwest Quarter of said Section 24.
EXHIBIT W
Page 1 of t
61
r� 1 4vn�a'42
ROAD 'ASE3l3.iT
I. W. Re. HAND aqd PRLSCIL .A r.. HAND, husband and wife. and STEVE
O. ATKINS and ELOISE r. ATKINS, husband and wife.'do hereby grant to the
public for use of the public an easement of right of way and roadway purooss
a
and utilities a 601 In width road over and'aoros a the following described Lnds:
In the Cascade Woods SubdiNsion and Unit No. 1, Section t4, Town.
ship 14. South Range 10 East, W.WM in the County of Deschutes.
Stats of Oregon. more particularly described as follows:
ROAD 1.
Beginning at the Northwest corner of Section 24, To"ship 14. South.
Range 10, East, W.M. thence; S 69• to, Z., 665.63 fast along the
North Section line of said Section to the center line of a proposed
60 toot wide road and utility easement, thence S 0. 061 3011 W.,
3649.00 test more or lose to a point to the Northerly Right of Way
line of an existing county road. -
ROAD A.
Beginning at the Southwest corner of Section 24, Township 14 South.
Range 10 East W,3d., thence 8 69. 2411 E., 666.35 feet to the ceases
'tae of a preoppoosed 60 to.st wide road and ntility easement, thoaco N
0. 061 3011 Z. 663.68 toot to a point,theaco H 69• t3' 3011 W.,
332.00 toot to a point, thence N 00 061 451' E.. 663.69 toot more or
loos to a point in the Southerly Right of Way of an existing county read.
ROAD S.
Beginning at the Southwest corner of Soction_24 .Tox►nship 14 Sou131,
Range 10 34s4 W. M. #' thence' $ 69. 2411 E. , 66.35 toot to a yglvs,
thence N 0. 061 301, E., 1327.36 test to a point, thence N 69•-23" W..
1S test mors or less the Westerly line of a 40 toot wide leased Oregon
stats rorestry Road, tiled in the Doschuas County Court House, Vol.
ume 125, Page $SS of Official Records. this being the point of bsgis•
Wag, and center line of a proposed 60 toot wide road and utility Geese
mm2, thence S 69. 231 E.. 2676.96 toot more or loss to the common
lot corner of 45, 50, 51, $2. as shown on '.tap of Cascade Woods,
Unit No. 1, tiled is the Deschutes County surveyor's Office.
L I -OT- VIr
Begtantag at the columna corner, Lots 40, 41, 15,.62. as shown on
Map of Cascade Woods[ Unit No. 1, tiled in the County surveyor's
Office. Deschutes County, Oregon. This point being the beginning
center lino of a proposed 60 toot wide road and utility easement.
Those* S 0. 0512011 We, 663.46 foot to common lot corner 33. 34.
$3 ate' $6 as shows on map of Cascade Woods. Unit No. 11 filed in
the Couttq erveyor's Office, Deschutes. Gountysoregos.
100 fo;, •
B#g10 tiS at the common corner on the South line of Lbts• 67 and
660 this.polat being the Booth It" of a 60 toot wide road and
-mutt .*ase"Wat, .thence S 69! k41. E., 666.35 toot to a point,
"thin. beidg.the Soathea�gbrpet of the Cascade Woods, Unit
;No.� bs, Pbown. on mnp !lied fa iia Couatl► Surveyor's Ostia,
' , `rmsb"s ro6tiaty, Oregon,.0mo* N 0 . 0,4110.1 2652.46 toot
:�`3in otst
ra 60 toost t wi44 de
o d. arrd�,OLIfty,ee.fthas�etnew � thong N�,to�9' 221
. ,y., (•� 1 GVW �� R , 7• [ [ r •, _. '
g�: @'fit [�t77.7;,4
'A40014"Abaliiw•C'* 1; /w a.��:�)d'►,7[.I��II�[t
S
5 . ti ..P$NtzFy,�``' T' ,, ` �Ty(���,, i73P..d �r•��"s�.���- 1 �/;1. {�" "fo �.
V /fir f
. .1 •♦ w .•1� 0 1{ ani .: ( S F
,•,tib..
We, '2544. 00 feet gifts the iisrtb line of a 30 loot wide road and
Utility easement,to a point in.tfse la*torly Atsht of Way of an ex -
lofts road.
Attached hereto and madelt'pist INrea to a map marked Exhibit A
*howinS road* and locations theitaf: ' .
IN Wl WitEnEOr, the ppaartte• have hereunto set their hands and
Goal* thZ* y of Fabrnary, 1963.
i8(SEAL)UG
. ,-�}/�., y () elf' 4*,'," � CA L)
Pr scu"A y��. HOL w • ire M Hottahe r
Attorney i Ir
NGAtkins
'�"
• . n y veADae r
Attorney in tact
STATE or plE00K
County of c.*
On this day of Tobruarye 1963, before me, the vsdersiSned, a
Notar Publi for said Cotmty and State. personally appeared the within
named W. A. Hand, Pristina r. Hand by We R. Band, bow Attorney in Fact,
Steve O. Atkins sad tW@o Y. Atkins by Stsv O. Atkins, F..c Attonky in Tact,
who are known to tae to be the Watkal W&vidusla dsscrtosd In and who executed
the within instrument, and acknowledSed to me that tkey executed the same frosty
and voluntarily.
IN T33TIMOKY Vf=,.3:(Ws I have hereunto set my hand and affixed my
official seal the day and rear last above ) en.
,1 ry c or Oregon
My Commission expireei 4-30.66
f �
Road Easement
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January 03, 2000
N DESCHUTES COUNTY
ROAD DEPARTMENT
GIs DIVISION
John Andermn, GIS Specialist
Phnne: (541)300 0501, emnd. i01na@dmt+utes.ur0
01150 S.r. 27A Si., Nn4, nR 07702
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but his provided "as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated,
c:\data\arcview\roaddept\oick\weber
Vacation of Easement Requested by Blake Weber
TOT
14102111000 100
60' Easemen
TOT
141021 000101
TAXL
141024 - N
0010
W E
S
600 0 600 Feet
January 03, 2000
N DESCHUTES COUNTY
ROAD DEPARTMENT
GIs DIVISION
John Andermn, GIS Specialist
Phnne: (541)300 0501, emnd. i01na@dmt+utes.ur0
01150 S.r. 27A Si., Nn4, nR 07702
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but his provided "as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated,
c:\data\arcview\roaddept\oick\weber
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 [], 199[], 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.
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of [] 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 Road 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: []
POSTED: []
MAILED: []
\\ZEUS\SHARED\LEGAL\MISCELLANEOUS\XCNOT. DOC