36-964-Order No. 80-222 Recorded 1/28/1981VOL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Establishing a
)
Statutory Way of Necessity in
)
Accordance with ORS 376.105
to 376
14
C
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5 for Lester C. Davis
d
)
1
t
E
an
Joyce C. Davis, Petitioners,
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Across Real Property Owned by
)
JAN
Dellon K. Massman and Nellie B.
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2 8 r98~
Massman, Respondents
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ROSEMARY
IDESCHUTES
PATTERSON.
ORDER NO.
80-222
C
OUNTY CLERI
WHEREAS, the Board of County Commissioners of Deschutes
County, Oregon, denied a statutory way of necessity to Petitioners,
Lester C. Davis and Joyce Davis, on January 2, 1980; and
WHEREAS, Petitioners appealed the denial of the statutory
way of necessity to the Circuit Court, State of Oregon, County of
Deschutes; and
WHEREAS, on August 1, 1980, Joseph J. Thalhofer, Circuit
Judge Pro Tem, entered findings of fact and conclusions of law
granting Petitioners' statutory way of necessity; and
WHEREAS, this matter has been remanded to the Board of
County Commissioners for the entry of an order granting Petitioners
statutory way of necessity; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That Petitioners, Lester C. Davis and Joyce
Davis, are ereby granted a statutory way of necessity over the
following-described property:
A strip of land 60 feet in width, 334.7 feet in
length, situated in the South One-Half of the
Northeast Quarter of the Southeast Quarter
(S k NE k SE -10 of Section 34, Township 20 South,
Range 10 East, Willamette Meridian, Deschutes
County, Oregon, and lying 30 feet on each side
of the following described centerline:
Commencing at the corner common to Sections 2,
3, 34 and 35, Townships 20 and 21 South, Range
10 East, Willamette Meridian, Deschutes County,
Oregon; thence North 00° 50' 43" West 1290.50
feet to the South One-Sixteenth section corner,
between said Sections 34 and 35; thence along the
East-West centerline of the Southeast Quarter of
said Section 34, South 89° 55' 38" West 850.80
feet to the point of beginning;; thence North 12°
52' 50" East 39.7 feet; thence North 40° 38' 42"
ORDER NO. 80-222, PAGE 1
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East 129.0 feet; thence North 09° 40' 42" East
165.8 feet to the point of termination at the
South boundary of the FIRST ADDITION TO RIVER
FOREST ACRES, a subdivision to Deschutes County,
56.0 feet West of the Southwest corner of Lot 1,
Block 1, extending and shortening the side lines,
so as to terminate on the subdivision boundary.
Section 2. Petitioners, Lester C. Davis and Joyce Davis,
shall pay to Respondents, Dellon K. Massman and Nellie B. Massman,
within sixty days from the date of this Order, the sum of
THREE THOUSAND FIVE HUNDRED EIGHTY-SEVEN AND N01100 DOLLARS ($3,587.00),
which represents damages as provided by the Board of Road Viewers
on September 5, 1979, and approved by the Circuit Court on
August 1, 1980.
DATED this e2 8 day of 198
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY R iW A RS 0N
Recording Secretary
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ORDER NO. 80-222, PAGE 2
ALBERT A. YOUNG, C&=issioner