43-212-Order No. 82-270 Recorded 7/29/1982i'
VOL 43 ti~~
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Granting a Way of
Necessity for Dwane L.
Thompson and Deborah L.
Thompson in Section Twenty
Eight (28), Township Sixteen
(16) South, Range Eleven (11)
East of the Willamette Meri-
dian, Deschutes County,
Oregon, Providing For the
Location of the Way of Neces-
sity, Describing Permitted
Uses and Conditions, Provid-
ing for Costs and Reasonable
Attorney's Fees, Providing
for Compensation.
ORDER NO. 82-270
F1L E®
4k 2 9 1982
ROSEMARY MTTERSON
DESCHUTES COUNTY CORK
WHEREAS, the Board of County Commissioners held a hearing on
June 8, 1982, in the Deschutes County Courthouse Annex on the Way
of Necessity Petitioned for by Dwane L. Thompson and Deborah L.
Thompson; and
WHEREAS, the Board held further hearings on the costs and
reasonable attorney's fees to be awarded Respondents, Thomas A.
Stringfield and Richard S. Stringfield; and
WHEREAS, the Board, after considering the evidence and the
record, determined that need for the Way of Necessity had been
demonstrated; and
WHEREAS, the Board being fully advised in the premises, now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That the Way of Necessity is granted and that the
Way of Necessity, as described in this Order, is hereby estab-
lished as a Way of Necessity for Petitioners Dwane L. Thompson and
Deborah L. Thompson.
Section 2. The location of the Way of Necessity is as
follows:
1 - ORDER NO. 82-270
t
4t J A strip of land thirty (30) feet wide, located in the
Southwest Quarter of the Southwest Quarter (SW1/4 SW/14)
of Section Twenty Eight (28), Township Sixteen (16)
South, Range Eleven (11), East of the Willamette
Meridian, Deschutes County, Oregon,
and depicted on the map marked Exhibit "A", Attached hereto and by
this reference incorporated herein, designated Route "B".
Section 3. Said Way of Necessity shall be surveyed by a
professional land surveyor within sixty (60) days of the date of
this order.
Section 4. Said Way of Necessity shall be used for access
for residential use of Petitioner's property.
Section 5. Petitioner shall fence the westerly and southerly
portion of the Way of Necessity prior to using said way.
Section 6. Petitioner shall pay costs in the amount of
$30.00, and attorney's fees in the amount of $1,800.00 to Thomas
A. Stringfield and Richard S. Stringfield, owners of the land
subject to Petitioner's action for Way of Necessity.
Section 7. That the amount of compensation due Thomas A.
Stringfield and Richard S. Stringfield is $2,200.00. The said
amount of compensation is to be apportioned as follows: $700.00
for land taken, $1,500.00 for damages to the remainder.
Section 8. That County costs in the above Way of Necessity
proceeding shall be $250.00, and the deposit on file herein shall
satisfy said costs.
Section 9. Petitioners shall pay all costs, attorney's fees,
and compensation as set out in this order within 60 days after the
entry of this Order. Petitioners shall be jointly and severally
liable for the amounts ordered to be paid herein.
Section 10. Any party to the action for the Way of Necessity
may contest this Order, or any part thereof, by filing an appeal
within 30 days after the date of entry of this Order to the
Circuit Court of the State of Oregon for Deschutes County.
Section 11. That a copy of this Order shall be mailed to
Petitioners and Thomas A. Stringfield and Richard S. Stringfield,
10255 S. W. Washington Street, Portland, Oregon 97225, and their
attorney, Paul J. Speck, Attorney at Law, 160 N. W. Irving, Suite
5, Bend, Oregon 97701.
2 - ORDER NO. 82-270
va 43 1 * - :
DATED this day of 1982.
BOARD OF COUNTY COM ISSIONERS
OF DE UTES COU N
LA SHEPAR , h a i r m a n
ALB A. YOUNG omm' s' er
R BERT C. AULSON, JR.,Commissi r
ATTEST:
SUSAN STONEMAN
Recording Secretary
3 - ORDER NO. 82-270
0 335' 670'
North TUMALO DAM QUADRANGLE