2004-700-Order No. 98-028 Recorded 4/15/2004DESCHUTES COUNTY OFFICIAL RECORDS CJJ } 200;. 100
NANCY SLANKENSNIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
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I III I
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
- I-
This page must be included
if document is re-recorded.
Do Not remove from original document.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO NTY,REY("YYEO j
N
An Order Vacating two portions of Burgess Road
as established July 12, 1928 in Deschutes County
Commissioner's Journal 2 Page 301 lying in the SE %
SW % and the SW % SE % of Section 36, Township 21
South, Range 10 East W.M., Deschutes County, Oregon
ORDER NO. 98-028
i
WHEREAS, proceedings for vacating a Public Utility Easement in Deschutes
County, Oregon, were initiated by a petition filed by owners of property abutting said
Public Utility Easement pursuant to ORS 368.341(1) (c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said
owners' approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Engineer has prepared and filed with the Board a written report
I~ pertaining to the vacation; and
In
WHEREAS, said report contains the County Engineer's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
J Section 2. That the County Engineer's written report, attached as Exhibit "C" and by
this reference incorporated herein, is hereby accepted and approved.
J Section 3. That the property, described in Exhibit "B" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That the property, vacated in section 3 herein shall vest with the rightful
owner holding title according to law, in accordance with ORS 368.366.
! DESCHUTES COUNTY CLERK DS ~004'~i150
NANCY
ARDER NO. 98-028 - PAGE 1 NO FEE
[11i1111111111 IIII~ 111111111
e S 04/15/2004 12:24:33 PM
D-V Cntol Stnall JEFF
This is a no fee document
Section 5. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 6. That this Order shall be recorded with the Deschutes County Clerk, and
copies shall be filed with the Deschutes County Surveyor and County Assessor.
My Commission Expires: 4- /B -0l
DATED this day of '1998.
BOARD OF COUNTY COMMISSIONERS
OF DESCkVTES, WiNTY, OREGON
NANCX(CSPEUSCHLAyfc3EN, CI-~IIR
ST:
Recording Secretary
L. NIPPER, COMMISSIONER
STATE OF OREGON )
)SS.
County of Deschutes )
L. sw8ARINOENJCOMMISSIONER
Before me, a Notary Public, personally appeared NANCY POPE SCHLANGEN,
ROBERT L. NIPPER, and LINDA L. SWEARINGEN the above-named Board of County
Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument
on behalf of Deschutes County, Oregon.
DATED this day of 11998.
NOTARY I)RDER NO. 98-028 - PAGE 2
OFFICIAL SEAL
ANIMA MV=IE
NOTARY PUSLICOREGON
COMMISSION NO. 061617
MY COMMISSION EXPIRES APRIL 18, 2001
EXHIBIT "A"
Type of certificate to use ("witness jurat"):
State of Oregon )
S.S.
w
County of,Q~~~j~PS )
On Q7 - 3)0- 9 8 , before me personally appeared, , & A an >A wJ _ personall
known to me to be the person whose name is subscribed to the within instrument, as a witness tlieretc
who, being by me duly sworn, deposes and says that he/she was present and sai
2Z1.nc?_'7s=zc A , the same person described in and whose name is subscribed to the withi
and annexed instrument as a party thereto, execute the same, and that said affiant subscribed his/he
name to the within instrument as a witness at the request of 'T Z„g
Affiant's signature
.w
Subscribed and sworn/affirmed to before me by~ ` j-t- this clay o
19~ -
Notary ublic
L.S. My Commission Expires: a ~
29
DOCUMENT pOOR allALITY
AT TIME OF RECORDING.
.4
EXHIBIT "A"
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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE % SW Y4 and the SW Y4 SE Y,
of Section 36, Township 21 South, Range 10 East W.M., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - Wickiup
Intersection realignment.
DATED this c,'~O day of , 19
19
NAME SIGNATURE
William Tastula GC
Judy Tastula 1
STATE OF OREGON
County of Deschutes
ss.
ADDRESS
18160 Cottonwood Road #104
Sunriver, OR 97707
On thlsg94 day of , in the year 10_L, before me, a Notary Public, personally appeared
William Tastula and Judy Tastula, ersonally 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
0 0-
.i•l.i-n
NOTARY Notary Public for
~r; rx s ary,rr°• r 1 My Commission expires:
-i~s:i:Tw..dc ~i r„'d~.Sr~ ~kl ~ ~
Page 1 of 3 DOCUMENT POOR QUALITY
AT TIME OF RECORDING.
EXHIBIT "A"
PETITION FOR VACATION OF A PUBLIC ROAD
.I
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
`I
I, 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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE % SW Y4 and the SW % SE Y4
of Section 36, Township 21 South, Range 10 East W.M., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - VVckiup
Intersection realignment.
A-' day of 195~,;F.
DATED this /
N
NAME SIGNATURE ADDRESS
Ralph Webb, Trustee P.O. Box 374
LaPine, OR 97739
STATE OF OREGON )
ss.
County of Deschutes )
On this _1& day of in the year 1931, before me, a Notary Public, personally appeared
.4 40-40 1 1.- 'A
Ralph Webb, Trustee, rsonally 'k nn 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.
WIT S my hand and offi 'al seal
OFFICIAL SEAL
~YNp How otary b1 c for Oregon. a
i EN01-AMI
tY
P~l~IL~P AEGON MY Commission exPlres: IONOEXP{RESOAUG 1
i
Page 1 of 3
EXHIe(T "A"
PETITION FOR VACATION OF A PUBLIC ROAD
0.
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
I, 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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE % SW'/, and the SW'/, SE'/,
of Section 36, Township 21 South, Range 10 East W.M., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - Wickiup
Intersection realignment.
DATED this )2 day of 19~ .
NAME
t
Erman Lambert, Trustee
SIGNATURE
ADDRESS
P.O. Box 374
LaPine, OR 97739
STATE OF OREGON
County of Deschutes
ss.
On this a day ofZ , in the year 19_V before me, a Notary Public, personally appeared
Erman Lambert, Trustee person &y 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.
'
8HA~Or WITNESS my hand and official seal
L 8FJIL
AMR ~ AL RIFFLE
NOTARY PUBLIC - OREGON
r-OMMISgIONN NO. ONN Notary Public r Oregon. -T/
My Commission expires:
r
Page 1 of 3
r EXHIBIT "A"
PETITION FOR VACATION OF A PUBLIC ROAD
r_
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
I, 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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE % SW Y/. and the SW % SE Y4
of Section 36, Township 21 South, Range 10 East WM., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - Wickiup
Intersection realignment.
r
DATED this 1 day of Z-/
NAME
SIGNATURE
ADDRESS
Hershel Knotts, Trustee (Sub.) Z~,, P.O. Box 374
LaPine, OR 97739
STATE OF OREGON )
ss.
County of Deschutes )
.4 On this If- day of &.6 . , in the year 19, f , before me, a Notary Public, personally appeared
Trustee, 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.
WI NESS my hand an fficial seal
pAYt~Vg'
kI L r. tz
N OTARYPU OR ON Notary Public for Oregon.
COMMIOSION NO.307289
LIYC WIBBIONFXPIRB8NOV30,2001 My Commission expires: ~w 3
i
J
Page 1 of 3
_1
PETITION FOR VACATION OF A PUBLIC ROAD
V TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
~i
11
IN
i
FxN~e~r ,A,
I, 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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE'/. SW Y4 and the SW Y4 SE'/.
of Section 36, Township 21 South, Range 10 East W.M., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - Wickiup
Intersection realignment.
DATED this day of , 19
NAME SIGNATURE ADDRESS
Q. S. Chadwick 52900 Timber Lane Loop
LaPine, OR 97739
STATE OF OREGON )
ss.
County of Deschutes )
On this M day of , in the year 199-", before me, a Notary Public, personally appeared
Q.S. Chadwick, 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.
a
WITN my and and official seal
Notary Public fo regon.
My Commission expires: za -,.260Z
Page 1 of 3
EXHIBIT "A"
PETITION FOR VACATION OF A PUBLIC ROAD
V
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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE % SW % and the SW % SE'/.
of Section 36, Township 21 South, Range 10 East W.M., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - Wickiup
Intersection realignment.
DATED this day of Fr- iga el= , 19„ 9 a
NAME
Norman St. Clair (CB)
Kathleen St. Clair (CB)
STATE OF OREGON
County of Deschutes
SIGNATURE
X A-9~
ss.
ADDRESS
17000 Burgess Road
LaPine, OR 97739
On this , 2*- ay of , in the year 19_, before me, a Notary Public, personally appeared
Norman St. Clair and Kathleen S lair, 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.
WITNESSkay hand and official seal
FFICIAL REIN.
NDA CALLAHAN
AY P
UBLIC-OREQON
>SSION IRE 7it66
N:m
I
Notary Public f4Oregon.
MyCommisslo expires: 1-20-2-d67-
Page 1 of 3
EXH(BIT "A"
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
I
r
I
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.
Description of road to be vacated: Two segments of the 1928 Burgess Road as established July 12, 1928
in Deschutes County Commissioner's Journal 2, Page 301 lying in the SE % SW Y/4 and the SW'/. SE Y4
of Section 36, Township 21 South, Range 10 East W.M., Deschutes County, Oregon. As described in the
attached Exhibit "A".
Reason for road vacation request: To eliminate former right of way prior to the Burgess Road - Wickiup
Intersection realignment.
DATED this AM day of zz- &&66_
NAME SIGNATURE ADDRESS
r
Patrick J. Obrien 7000 Burgess Road
/0
Kathryn M. Obden LaPine, OR 97739
A
STATE OF OREGON )
ss.
County of Deschutes )
On this /day of :;?G6k-u4 , In the year 199Y, before me, a Notary Public, personally appeared
Patrick J. Obrien and Kathryn M. Obrien, personally known to me (or proved to me on the basis of
i satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and
acknowledged that he (she, they) executed it.
a
I
WITNES and and official seal
Notary Public for Oregon.
My Commission expires: _ / c2 y -a700a
Page 1 of 3
I
EXHIBIT "B"
I Vacation of it Portion Burgess Road
Two segments of the 1928 Burgess Road as established July 12, 1928 in Deschutes County
Commissioner's Journal 2 Pago 301 lying in the SE V4 SW V4 and the SW yi SB V4 of Section 36,
T.21 S.,R. 10 B., W.M., Deschutes County, Oregon, and being more particularly described as
follows:
N
Parcel I
Commencing at the South % comer of said Section 36, a 3'/•" brass cap buried 2 feet deep;
thence along the south line of said Section S89°45'40"W 307.72 feet to the intersection of
said south Section line with the prolongation of the west right of way line of Skidgel
Road as shown on the plat of "Cagle Subdivision Plat No. 8", thePoint of Beginning;
r thence leaving said south Section line and along said west right of way line
N00027'45'W 79.12 foot to the southeast comer of Lot 16, Block 2, We Subdivision
Plat No. 8; thence leaving said west right of way line and along said south line of Lot 16
S8919111"W 305.00 to ld/i" pipe monumenting the southwest comer of said Lot 16;
thence leaving said south line of Lot 16 and along the south property line of Lot 9, Block
3, Cagle Subdivision Plat No. 5 S89°29'1 1"W 210.77 foot; thence leaving said south line
of Lot 9 358.43 foot along the arc of a 1040.00 foot radius non-tangent curve to the right,
the long chord of which bears S77049'43"8 356.66 foot to said south Section line; thence
along said south Section lino N89°45'40"E 167.74 foot to the Point of Beginning.
Containing 23,166 sq.ft. (033 acres) mono or less.
Parcol 2
All of the 1928 Burgess Road in said Section 36 lying west of a line parallel with and 50
feet northwesterly of the centerline of Mw Dallas California Highway as shown on the
1956 Oregon State Highway Department tight-ofway map "Drg ;8B-3 29" and lying out
of the southerly prolongation of the west property lino that tract of land conveyed to
Patrick J. and Kathryn M. O'Brien in the Bargain and Sale Deed n=rdod March 8, 1993
in Volume 292, Page 308 of the official records of Deschutes County, Oregon (said tact
is designat od as talc lot 21-10-36C 8900 on the 1998 county assessor's map) . Containing
15,129 sq. & (0.35 acres) more or less.
SUBJECT TOIthe usmodon of a Wilt! oasemeat in and upon all of the proporty; for the
purpose of eontinutng, oonstrue tgg, installingmaintibing repairing, rooonatmoting, replacing,
oularging and altutur, whes, poles, pipes, lines, structures, casings, supports,. equipment,
faoilities and appurtenances; at the p vtont and is the future; necessary or convenient; to
Deschutes County, a poltdoal subdivision of the State of Oregon, it's agents, licensees and
p0>Znitt008; former.
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Department of Public Works
EXHIBIT «C" 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
DATE: March 16, 1998
SUBJECT: Road Department Report
Vacation of a portion of Burgess Road located at Wickiup Junction west of Highway 97.
This report is made pursuant to ORS 368.351 (1), concerning the vacation of property without a
public hearing. A County governing body may make a determination about a vacation of
property without a public hearing if.
(1) The county road official files with the county governing body a written report that
contains the county road official's assessment that any vacation of public property is in the
public interest; and
(2) The proceeding for vacation was initiated by a petition that contains acknowledged
signatures of 100 percent of the property owners abutting any public property proposed to be
vacated. '
Deschutes County received petitions from the adjoining property owners requesting the vacation
of the right-of-way of two short segments of Burgess Road at Wickiup Junction. See the
attached petitions signed by William and, Judy Tastula, owners of the tavern property; Ralph
Webb, Eman Lambert, Hershel Knotts, trustees of the church; Q. S. Chadwick, owner of the saw
shop; Patrick J. and Kathryn M. O'Brien, owner of the Wickiup Junction store property; and
Norman St. Clair, Contract Buyer of the Wickiup Junction Store. These partitions are "Exhibit
"A". Also see the attached map of the proposed road vacation and the adjoining properties which
is Exhibit "B".
The portion of Burgess Road being vacated, also known as the 1928 Burgess Road, was
established July 12, 1928 in Deschutes County Commissioner's Journal 2 Page 301 lying in the
SE 1/4 SW 1/4 and the SW 1/4 SE 1/4 of Section 36, T. 21S., R 10 E., W.M., Deschutes County,
Oregon. This two lane paved section of Burgess Road is being vacated because a new section of
Burgess Road was recently constructed to the south to provide a safer intersection with Highway
Quality Services Performed with Pride
97. The construction and opening of the new section of Burgess Road made the existing two
short segments of Burgess Road no longer needed to provide access to Highway 97 or access to
the adjoining properties to the north.
{
The vacation of these two short sections of Burgess Road was discussed in the public hearing
process of relocating the east end of Burgess Road to provide a safer intersection of this county
road with Highway 97. A public hearing and several public information meetings were held in
the La Pine Area during the process of approving the relocation of the eastern end of Burgess
Road. (CU-96-83) Thus, the public and property owners involved were provided with the
information that the relocation of a portion of Burgess Road would result in the vacation of a
portion of Burgess Road.
Discussion:
The Road Department sent out notices of this road vacation to a number of agencies; following
are the comments that were received on this proposed vacation:
C. Lane Powell III, G.I.S. Analyst with Midstate Electric Cooperative, Inc. had these comments:
"Midstate Electric Cooperative, Inc. located in La Pine, Oregon has existing electrical facilities
within the boundaries of the proposed vacation portion of Burgess Road in La Pine. The existing
facilities are comprised of three phase and single phase distribution construction and serves
active customer meters. Midstate will require it retainment of its existing facilities easements."
Jim Bonnarens of the County Properties and Facilities Management Department made the
following comments:
"Deschutes County Property and Facilities Management has no interest in the vacation of this
portion of Burgess Rd."
Ed Pecoraro of the Community Development Department had the following Comment on this
road vacation:
" The attached map shows a small section of the old vacated portion of Burgess Road still as
Burgess Road, this NCC& to be removed from the map. We cannot have two roads, with the
exact same names, I will need to do a site visit to see if this short section of road warrants or
meets the minimum requirements to have a name assigned to it."
Rick Isham of the County Legal Counsel made the following comments:
"1. Does lot 16, Block 2 Cagle Subdivision #8 take access now from Skidgel?
2. Is right-of-way all secured from feds?
3. Who owns the crosshatched area (west of Skidgel on the north side of the new Burgess
Road)?"
The Road Department has the following comments in response to the questions raised by Mr.
Isham:
i
1. Yes, that lot will now take access from Skidgel Road.
2. Yes, the right-of-way for Burgess road was all obtained in the form of a road easement from
the federal government (BLM) for the new section of Burgess Road.
3. The federal government (BLM) owns the area west of Skidgel Road on the north side of the
new Burgess Road. It is part of the area within the easement the County obtained from the BLM
for construction of the new realigned section of Burgess Road.
It is the Road Department Director's assessment that this vacation is in the public interest as
these two short segments of right-of-way in this section of the 1928 Burgess Road are no longer
needed for a public road with the recent completion of a new section of Burgess road connecting
Highway 97.
An utility easement will be retained over the road right-of-way to be vacated for access to
existing utilities within the road right-of-way.
The property owners adjacent to the north side of Burgess Road are gaining land as a trade-off
for giving up frontage on the new alignment of Burgess Road and a more direct access to
Highway 97. It is this land trade-off that permits the relocation of Burgess Road to provide the
new relocated safer intersection of Highway 97 and Burgess Road. This trade-off of land was
discussed at the earlier public hearing and public information meetings.
The Road Department has verified that proceedings for this vacation have been initiated by a
petition under ORS 368.341 that contains the acknowledged signature of the owners of 100
percent of the property abutting the proposed vacation.
loll:
It is the Road Department Director's assessment that the proposed vacation is in the public
interest as additional property is placed on the county tax rolls. This property is not needed for
roadway purposes since a new section of Burgess Road was constructed in an alignment to the
south providing a safer intersection with Highway 97.
There are some utilities lying within the proposed vacation. The Road Department Director
recommends that this right-of-way be vacated with an easement reservation for utilities.
The vacated property shall vest with the abutting property owners in accordance with ORS
368.366.
,I