2003-1330-Order No. 2003-098 Recorded 10/21/2003DESCHUTES COUNTY OFFICIAL RECORDS CJ 700301330
VIE D NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 10/11/1003 11;33;46 AM
LEGAL COUNSEL
I
20-13
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the
County Road Official's Report on the
vacation all that portion of the A.J. Warrin
Road, (aka Jordan Road) situated in the
S 1 /2 of Section 10, the SW of Section
11 and the N Y2 of Section 15, Township ORDER NO. 2003-098
15 South, Range 10 East, W.M.
Deschutes County , Oregon, setting a
date for a public hearing, and providing
for public notice of said hearing.
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2003-110 dated on October 22, 2003; 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,
HEREBY ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road
known as all that portion of the A.J. Warrin Road, (aka Jordan Road) situated in the S 1/2 of
Section 10, the SW of Section 11 and the N Y2 of Section 15, Township 15 South, Range
10 East, W.M., Deschutes County, Oregon, Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, December 3, 2003, 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.
PAGE 1 OF 2- ORDER No. 2003-098
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 day of ; 2003.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, hair
TOM DEW l-, Commissio r
Recording Secretary MI
issioner
PAGE 2 OF 2- ORDER N0.2003-098
ESC EXHIBIT "A"
PAGE 1 OF 3
Engineer's Report
TO: Board of County Commissioners
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: September29, 2003
SUBJECT: Vacation of portions of A.J. Warrin Road (Jordan Road) lying outside
dedication deed Volume 2003, Page 55161, Deschutes County Official
Records
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Discussion:
Deschutes County received a petition from Lazy Z Partners, LLC and Horse Heaven
Ranch, LLC to vacate the portions of A.J. Warrin (Jordan Road) lying outside dedication
deed Volume 2003, Page 55161, Deschutes County Official Records.
The A.J. Warrin (Jordan Road) was established when Deschutes County was a part of
Wasco County in 1879. The actual alignment of the road on the ground is not possible to
retrace as the survey notes do not make any ties to any section corners.
The Road Department was approached by David Herman, one of the managing members
of Lazy Z Partners, LLC, concerning the vacation of A.J. Warrin (Jordan Road) lying
within the property owned by the Hermans. Lazy Z Ranch has been working with ODOT
and Deschutes County to realign the intersection of A.J. Warrin Road (Jordan Road)
where it connects with Highway 20. The existing intersection is dangerous because of
the angle at which A.J. Warrin Road (Jordan Road) connects to the Highway. Lazy Z
Ranch has realigned the intersection to a "T" configuration and made a cul-de-sac out of
the old alignment. In an attempt to clear up the title to their property, A.J. Warrin Road
(Jordan Road) was dedicated by the Hermans on their property along the centerline of the
existing roadway and also the new realigned intersection with Highway 20. The purpose
of this vacation is to vacate any portions of the A.J. Warrin Road (Jordan Road) lying
outside of the dedication done in dedication deed Volume 2003, Page 55161, Deschutes
County Official Records presented to the Board of County Commissioners for acceptance
at the Board meeting held August 13, 2003
Quality Services Performed with Pride
EXHIBIT "A"
PAGE 2OF3
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Central Electric Co-op: No response.
COI Irrigation: No response.
Mid-State Electric: No response.
Pacific Power: No response.
PGT: Response dated 9/22/03 from Rob Latimer, Supervisor, Land & Community
Relations, "PG&E gas transmission has no conflict with proposed road vacation."
Qwest: Response dated 9/30/03 from Florence M. Mott, Manager, Right-of-way,
Oregon, "Qwest Corporation does not have facilities along Jordan Road but does have
facilities where Jordan Road crosses Highway 20 in ODOT right-of-way. Our right
needs to be retained at that point."
Squaw Creek Irrigation: No response.
Swalley Irrigation: Response dated 9/26/03 from Swalley Irrigation, "This location is in
the Squaw Creek Irrigation District/not Swalley."
City of Sisters: No response
Cloverdale Fire Department: No response.
Sisters Fire Department: No response
Deschutes County Community Development Department: No response
Deschutes County Legal Department: No response
Bureau of Land Management: No response
Oregon Department of Fish and Wildlife: No response
Oregon Department of Transportation: No response
Findings:
Based upon preliminary responses, and the Department's research of the proposed
vacation, the Road Department makes the following findings:
EXHIBIT "A"
PAGE 3OF3
1. The actual alignment of A.J. Warrin Road (Jordan Road) is difficult to establish as a
result of the original survey not making any ties to existing section corners.
2. The existing roadway has been used by the traveling public for over 20 years.
3. Right-of-way along the existing roadway centerline has been dedicated in dedication
deed Volume 2003, Page 55161, Deschutes County Official Records
Based on information provided by utility companies, a utility easement will not need to
reserved. Qwest had made a comment about facilities located in the ODOT right-of-way
by Jordan Road but since we are not vacating any of ODOT's right-of-way, Qwest will
not be affected and an easement does not have to be retained.
Recommendation;
It is the Road Department's assessment that this vacation does not affect the status of the
existing traveled way. Vacation of the right-of-way lying outside dedication deed
Volume 2003, Page 55161, Deschutes County Official Records will clean up the title on
the property and allow the developer to better utilize their property.
The Road Department recommends that the Board review the attached material and
make their decision on whether to approve the vacation of this public right-of-way as
described in the attached Order No. 2003-099 subject to the following conditions:
1. A reservation of a utility easement is not required
2. No opposition to the vacation is reported to the County prior to or during the
public hearing.
3. The vacated property shall vest in the rightful owner holding title according to
law pursuant to ORS 368.366 (1)(c).
EXHIBIT "B"
L n r
LE DES rv ro rrnrr
VACATION OF A PORTION OF A.J. WARRIN ROAD (JORDAN ROAD)
All L11Q1. hat YUL ...`Lj:,.rUll of t Llle r1.J 1T. W al.l, `(11JV known (also known as Inrrian koad) 'IVtTIff y>71t111T1 t11
1 alllll 1? l\VGb
11 e
bounds of these parcels of land described in Volume 2002, Page 49562; Volume 2002,
Page 33130; Volume 2002, Page 21084; Volume 2002, Page 21085; Volume 2002, Page
21086; Volume 2002, Page 21087; Volume 2002, Page 21088; Volume 2002, Page
21088; Volume 2002, Page 21090 and Volume 2002, Page 32751, Deschutes County
Official Records, said parcels being Situated in Section 10, Section 11 and Section 14,
Township 15 South, Range 10 East, Willamette Meridian, Deschutes County, Oregon;
Excepting therefrom any portion of .lordan Road lying within the bounds of the road
dedicated in Volume 2003, Page 55161, Deschutes County Official Records.
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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 DECEMBER 3, 2003, 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 all that
portion of the A.J. Warrin Road, (aka Jordan Road) situated in the South Y2 of Section 10, the SW
'/4 of Section 11 and the North Y2 of Section 15, Township 15 South, Range 10 East, W.M. 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) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
PUBLISHED: Bulletin - November 12, 2003 and November 22, 2003
The Nugget - November 12, 2003 and November 19, 2003
POSTED: November 12, 2003
MAILED: November 2, 2003