40-475-Order No. 81-323 Recorded 9/29/198111 1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Granting Way of Necessity
for Linda E. Johnson, et al, in
Sections 33 and 34, Township 14
South, Range 11 East, Willamette
Meridian, Deschutes County, Oregon;
Providing for a Location, Per-
mitted Purposes and Conditions;
Directing Petitioner to Pay Costs,
Reasonable Attorney's Fees, and
Compensation.
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ORDER NO. 81-323
WHEREAS, the Board of County Commissioners held a rehearing
on Wednesday, July 22, 1981, in the Deschutes County Courthouse Annex
on the way of necessity petitioned for by Linda E. Johnson, et al,
and continued said hearing from time to time; and
WHEREAS, the Board of County Commissioners, after consider-
sing the evidence and the record, determined that the way of necessity
should be granted; 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
said way of necessity, as described in this Order, is hereby
established as a way of necessity.
Section 2. That the location of the way of necessity is
as follows:
Across the one-foot reserve strip on Sabrina
Lane; thence across the Southerly 15 feet of
the NE.;, SE4 of Section 33, Township 14 South,
Range 11 East, Willamette Meridian, Deschutes
County, Oregon; thence across the Westerly
15 feet of the Southerly 15 feet of the NW4 SW4
of Section 34, Township 14 South, Range 11
East, Willamette Meridian, Deschutes County,
Oregon; thence across the Westerly 15 feet
of the NZ SW4 SW4 of Section 34, Township
14 South, Range 11 East, Willamette Meridian,
Deschutes County, Oregon;
said route to be surveyed by a professional land surveyor and be
used for ingress and egress for Petitioner's property for those
uses permitted on the property by the underlying land use zone.
ORDER NO. 81-323, PAGE 1
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VOL 40 PAGE 76
Section 3. Petitioner shall pay costs in the amount of
$107.00 and attorney's fees in the amount of $1,000.00, to
STEVE and BONNIE PALFY, owners whose land was subject to Petitioner's
action for way of necessity.
Section 4. The amount of compensation due any landowner
of land across which the way of necessity has been established shall
be $1,300.00 to ROBERT A. RAIMONDI.
Section 5. The County costs in the above way of necessity
proceeding shall $250.00, and the deposit on file herein shall
satisfy said costs.
Section 6. The conditions of the way of necessity are
as follows:
A. The way of necessity shall not be located or
or connected to a public road in a manner that
creates a traffic hazard or decreases the
safety on the public road.
B. The way of necessity may only be used for the
purposes listed in this Order.
C. The way of necessity shall not be connected to
a public road without the obtaining of a
Deschutes County Department of Public Works
permit and approval of the said connection.
Section 7. Petitioner shall pay all costs, attorney's
fees and compensation as set out in this Order, within sixty (60)
days after the entry of this Order. Petitioner shall be jointly
and severally liable for the costs ordered to be paid herein.
Section 8. Any party to the action for the way of
necessity may contest any part of this Order of the Board of County
Commissioners and file an appeal within thirty (30) days after the
entry of this Order by the Board of County Commissioners, to the
Circuit Court of the State of Oregon for Deschutes County.
Section 9. A copy of this Order shall be mailed to the
following persons:
LINDA E. JOHNSON, EVERETT E. BAKER and
KATHLEEN BAKER, husband and wife,
LARRY BAKER and RAY EDWARDS
c/o Robert S. Lovlien, Esq.
P. 0. Box 1151
Bend, Oregon 97701
STEVE PALFY and BONNIE PALFY
c/o Harold D. Gillis, Esq.
9th Floor, 975 Oak Street, Suite 920
Eugene, Oregon 97401
ORDER NO. 81-323, PAGE 2
'41L c~'LF '7
ROBERT A. RAIMONDI
69370 Sabrina Lane
Redmond, Oregon 97756
WILLIAM C. MARTIN, ESQ.
2908 First National Bank Tower
1300 S. W. Fifth Avenue
Portland, Oregon 97201
PAUL L. HUTTENHOFF, LUPE HUTTENHOFF,
JOHN H. HUTTENHOFF, JACQUELINE HUTTENHOFF,
ALAN JARRICK and LAUREN J. JARRICK
c/o 5361 Tattershall Avenue
Westminster, California 92683
1981.
DATED this 3 aay of se° 4-e *k L~ Ear'
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OEgGON
RO EITT C. PAULSON, JR., Chairma~
ATTEST : / ,4h
SUSAN STONEMAN
Recording Secretary
ORDER NO. 81-323, PAGE 3