10-255-Order Recorded 4/6/19661
2
3 LARRY L. BAXTER and
I3ILLIE M. BAXTER,
4 Husband and Wife,
'��� .-,.-.•fie'"',�.
VOL 10 PAS 255
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF, DESCHUTES
5 Plaintiffs,
6 . vs_
7 WILLIAM C. JAMES and
NORMA N. JAMES,
81T.. b d nd ife
O R D E R
)
s an a w )
9 Defendants. )
10 The above named Plaintiffs and petitioners LARRY L. BAXTER and BILLIB M. BAXTER,
11 husband and wife, having presented a petition to this Court for a way of necessity
12 under the provisions of ORS 376.105 and it appearing from said petition that petitioners
13 are owners of a parcel of real property in Deschutes County, Oregon as stated in their
14 petition which is farm property and potential residential property which cannot be
15 reached by any public road as provided by law; and
16 it further appearing from said petition that the public and petitioners should
17 have ingress and egress to said land; and it appearing to the Court that the owners
1s of the land surrounding petitioners real property across which a public road could
19 be made and laid out would be the Defendants WILLIAM C. JAMES and NORMA N. JAMES
20 and the County of Deschutes;
21 NOW, 'THEREFORE, THE COURT 'VMS HEREBY APPOINT THE FOLLOWING AS THE BOARD OF
22 COUNTY VIE14ERS:
23 1. Gordon MaKa
24 2, John EatOu
25 3, Harvey Olsen
26 IT IS FURTHER ORDERED AND ADJUDGED that the said Board meat at l® o'clock
W27 A .M. on 16th day of April , 1966 in the County Courtroom in the Courthouse
o.~ou 2g at Bend, Oregon, thence to proceed to the lands of the plaintiffs above described
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�0mm 29 and lay out and locate a suitable public road for said lands to the nearest point
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30 practicable on another public -road or the Brooks-Se'anlon logging road and to assess
31 the damages sustained by the Defendants* The Board of County Viewers shall then
32 make a report to this Court at the next succeeding regular sesion of the public road
Page —1-0 R D E R
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1 located:,,thesambunt of damages assessed and the persons entitled to such eamage.
2 IT IS FURIHER ORDERED that the notice of the time and place of the meeting of
3 the Board of County Viewers shall be given to the Defendants WILLIAM C. JAMBS and
4 NORMA N. JAMES by service upon them ox' a 'copy. of 'tlaintiffs* petition and t his Order in
5 the manner as prescribed bylaw for service of Summons and Complaint and that any
6 other parties who may be effected by this petition; shall be notified by mailing them
7 a copy of this Order with a letter of explanation by Certified ,Mail with a Return
8 Receipt Requested or if they are not within the County of Deschutes or residents"
9 thereof ,then the meeting shall be adjourned and appointed at a later date and four
10 weeks notice shall be given by publication in some newspaper published in the County.
11 IT IS FURTHER ORDERED AND ADJUDGED that the County of Deschutes does hereby
12 waive any notice other than the filing of the petition as to the effect of said
13 petition on any lands owned by Deschutes County, Oregon.
14 DATED this 6th day of April , 1966.
15
16
17 County Judge
19 County Commissioner
20
21 County Cowdesi"er
22
23
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Page -2- O R D E R
IN THE COUNTY COURT OF THE STATE OF OREGON ',
2 FOR THE COUNTY OF DESCHUTES A��T t� 13
86
3 LARRY L. BAXTER and )
BILLIE MARY BAXTER, ) f
4 ) "�'
Plaintiffs, )
5 ) PETITION FOR WAY OF NECESSITY
,CVs_ )
6 )
WILLIAM C. JAMES and )
7 NORMA N. JAMES )
)
8 Defendants.` )
9 STATE OF OREGON )
).sS
10 County of Deschutes )
11 Come now LARRY L. BAXTER and BILLIE M. BAXTER, petitioners herein, and being
12 first duly sworn upon oath, depose and say:
13 That petitioners are the owners of a Certain tract or parcel£ of land more
14 particularly described as that portion of the Nest Half of the Northeast Quarter
15 and that portion of the Southeast Quarter of the Northwest Quarter, both of which
16 are on the Southerly and Easterly side of the Deschutes River; in Section Thirteen (13),
17 Township Eighteen (18) South, Range Eleven (11) East'of the Willamette Meridian.
18 That petitioners purchased the above described property on the 6th day of
19 February, 1946 from Deschutes County, Oregon, which said deed is recorded in book
20 71, page 195 of Deed Records of Deschutes County, Oregon =a copy of which said deed
21 is attached hereto, marked Exhibit '"A" and by this reference made a part hereof.
22 That the above described property is also known as that portion of the Tax
23 Lot 1000 lying Southerly and Easterly of the Deschutes River and is shown by a man
24 which is attached hereto, marked Exhibit "B" and by this reference made a part hereof.
25 That the above described property.is tillable soil and has been farmed in the
26 past and petitioners or their assigns desire in the near future tO.build a residence
z� 27 upon this above described property which cannot,be conveniently reached by any public
3
W<0W 28 road provided by law.
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Norm That it is necessary that the public and petitioners have ingress and egress
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30 from the above described lands,
31 That the most practicable route for a road to petitioners property as described
32 above would be a road commencing at the intersection of the Brooks-Scanlon logging road
Page —1-�
10 fW258
1 and Powers Road in Blakely Heights, located in Section Bight, Township Eighteen South,
2 Range Twelve, E. W M., thence in a Southwesterly direction along said Brooks—Scanlon
3 logging road to the intersection of a road located near the center of Lot Seven in
4 Section Seven, Township Eighteen South, Range Twelve, B. We M., Deschutes County,
5 Oregon, which is the Southeast quarter of the Southeast Quarter of said Section and
6 which runs in a generally Easterly direction through the Southeast quarter of, the
7 Southeast Quarter and the Southwest Quarter of the Southeast Quarter and the Southeast
$ Quarter of the Southwest Quarter of Section Seven, Township Eighteen South, Range
9 Twelve, E. W. M. and through Lot One of Section Eighteen, Township Eighteen South,
10 Range Twelve, E. W. M., Deschutes County, Oregon to petitioners property.
11 That a detailed map of this existing road is attached hereto, marked exhibit
12"C1t and by this reference made a part hereof.
13 That Brooks -Scanlon, Incorporated has indicated that they will be willing to
14 voluntarily grant petitioners an easement for ingress and egress along the Brooks+
15Scanlon logging road from Powers Road to the road as shown on Exhibit "C" which connects ;
16 with the Brooks -Scanlon logging road,
17 That petitioners already have an executed easement across a continuation of
18this road to their property over property which was owned by the Central Oregon
19IrrigationDistrict, which said Easement was recorded in Volume 145 on page 337 of
20 Deed Records of Deschutes County, Oregon, a copy of which said Easement is attached
21 hereto, marked Exhibit "D" and by this reference made a part hereof.
22 That the only parties across whose lands a way of necessity could reasonably
23 be located would be Central Oregon Irrigation Ditch Company which owns the Southeast
24 Quarter of the Northeast Quarter and the Northeast Quarter,of the Northeast Quarter
25 of Section Thirteen, Township Big hteen.South, Range Eleven, E. We M., Demtchutes
26County, Oregon, the County of Deschutes which owns._ the Southeast Quarter of the
W 27 Southwest Quarter of Section Seven, Township Eighteen South, -Range Twelve, E W. M.,
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28 Deschutes County, Oregon and William C. James and Norma N. James who are owners of
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xo0W 29 the Northwest Quarter of the Northwest Quarter of Section Eighteen, Township Eighteen
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30 South, Range Twelve, Be W. M., Deschutes County, Oregon, the Southwest Quarter of
31 the Southwest Quarter of Section Seven, Township Eighteen South, Range Twelve, Be W. M.,
32 Deschutes County, Oregon, the Southwest Quarter of the Southeast Quarter and the
Page .2— PETITION FOR WAY OF NECESSITY
VOL 10 X49
1 Southeast Quarter of the Southeast Quarter of Section Seven,.Townshp Eighteen South,
2 Range Twelve, E. W. M., Deschutes County, Oregon.
3 That petitioners herein pray that the above Court appoint a Board of County
4 Viewers to view said premises and to proceed thereafter in a manner as required by
5 ORS 376.110.
6 That due notice be given to the Defendants of the time and place for the meeting
7 of the viewers appointed by the above Court.
8 DAZED this �day of February, 1966.
9
10 '
C
12
13 SUBSCRIBED AND SWORN before me this !/qday of February, 1966.
14
15 Notary Public for Oregon
My Commission Expires:_l
16
17
18
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Page -3- PETITION FOR WAY OF NECESSITY
L. S.#123
VOL 10 FACE 260 ` }
COUNTY DEED
TRIS INDENTURE, P. ado this 6th day of February 19A�bottivcon,
Deschutes County, Orogon, a municipal corporation, party of the first part.
and Lawrence Leroy Baxter and Billie., MarX BAxter huPba +d sand wife,
piartlesof the second part,
WITITESSETHs That
r,j1j;REj.S, Deschutes County, Orogon, has heretofore acquired and now owns
the property horoinaftor described= and
T.MEREAS, on the 5th day cf D c mb , 19tho County Court of
said County, pursuant o o provisions o aptar , Orogon Laws for 1937,
made and ontorod an order declaring it to be for tho bast interests of said
County to sell said real property and by said order fixed tho mininum price and
the toms of sale thoroof; and
M EREAS, pursuant tc said order tho Shcriff of said County has caused
notice of gala of said provisos to be published in the Bend Pilot
a nowspapor of gonoral circulation in said County, c.nco oac weak for Four con-
soeutivo wooks prior to the day'of salo ts sot out in said notice; and on said
day of Salo to -wit: the 12th day .ofJ u r , 19 4§ , tha Sheriff attended
the
at the place fixed for sa solo endo oro said property for sale andthatds
same to the said porti*sof the soocnd part for the sun of ;1312 00, rico
being the highest and`rast sum bid thorcfor and not loss than ri nimum P
fixod by said order; and the said Shoriff has executed and doliv3rod to said pur-
ehasori,a certificate of sale of said proporty and has filed in the office of the
County Clork of said County his return on said order together with the proof of
publication of said noticor and
1Y RSAS no notiao or claim of unpaid nssosar►ont lion for local improve-
monte has boon nodo by any municipal corporation or filed with the Clark of this
Court and the said purchasers hale surrondorod their said lax ificate
asc
of Salo and have paid said—p rc price in full' -9 are y
entitled
to a dood for ea promises.
FOG, THMFOR1, know all non by those presents, that Doschutos County,
Oregon, a nnnioipal corporation, noting by and through its duly oloctod, quali-
fio( and acting County Judga and County Coxmaissionors for and in consideration
of the promises and the payment of the purchase price above sot out, dons hereby
bargain, grant, soil and convoy to Lawrence LeroX Baxter and Billie MaryB,
husband acid wife, all its r , e, equity en eros n and to
the o ng described real proporty situr.to in the County of Deschutes, State of
Orogon, to -wits
NW*, W*NE}, Section 13, Twp. 18 S., R. 11 E.W.M.
BE* (88 acres B. E, of R. R, Right of Way) Sec. 12,
Twp, 18 S. , R. 11 E. W. M.
TO HAVE AND TO HOLD the aorto unto tho L�i�� LAWRENCE LEROY BAXTER AND
HILLI$" WARY BAXTER, huebdrid Arid wife; airs an assigns orovo .
IN FITNESS M-i?EREOF, Wo C. L. Allen, E. E. Vnrco and A. A. Stolons, the
duly cleated, qualified and acting County Judge and County Commissionors of said
County, acting for and on behalf of Deschutes County, Oregon, have hereunto got
our hands and affixod the goal of said County in regular monthly mooting convonod
bx� �,isaotlon of County businoss, this 6t� h� day of �Febru,&y„BY 0
F.
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DESC
Judge
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Ccmmaissionor
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VOL 10 PAGE
vot 141 w 437
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the CENTRAL OREGON
IRRIGATION DISTRICT, an Irrigation District under the laws of the State
of Oregon, do hereby give and grant unto LAWRENCE L. BAXTER and BILLIE
MARY BAXTER., husband and wife, a right to use the existing road over
and across the following described lands owned by the District, to -wit:
r
The Northeast Quarter of the Northeast Quarter
(NEhNE4) of Section Thirteen (13), Township
Eighteen. (18) South, Range Eleven (11) E.W.M.;
The Northwest Quarter of the Northwest Quarter
of the Southeast Quarter (NW4NW)4-SE 4) of Section
Seven, Township Eighteen (18) South, Range
Twelve (12) E.W.M.; the South Half of the South-
west Quarter of the Northeast Quarter (S�SW4NE4)
Section Seven (7), Township Eighteen (18) South,
Range Twelve (12�W.M.;the Southeast Quarter of the North-
east Quarter (SE ) of Section 7, Twp. 18 S.,R.12, E.W.M.
conditioned, however, and this easement is granted under the express
condition:
(1) That the grantees are to use the easement only for
ingress and egress to the property owned by the grantees in Section
Thirteen (13), Township Eighteen(18) South, Range Eleven (11) E.W.M.
lying East of the Deschutes River;
(2) That this easement is and shall be restricted for
the personal use of the grantees in connection with the aforesaid lands
and this easement shall not be assigned or transferred;
(3) That in the event that the District decides to or
dltermined to construct a gate across the easement and lock the gate,
the grantees will be furnished a key and in using the road, the grantees
must close and lock the gates.
In the event of the violation of any of the conditions
upon which this easement is granted, the District reserves the unrestricted
right to cancel the same, but otherwise said easement shall remain in full
fawce and effect.
IN WITNESS WHEREOF, The CENTRAL OREGON IRRIGATION DISTRICT
- 1 - RIGHT OF WAY BASEMEMT
_ Exhibit „D,,
..
VOL 10 PACE 262
i voc 141 w 438
f has caused this instrument to be executed this day of
J
1964, by its President and Secretary.
CENTRAL OREGON IRRIGATION DISTRICT
By:,�;;ARTHUR L. L. HORSELL, president
By:
BET ST ARD, Secretary
STATE OF OREGON )
ss.
County of Deschutes )
BE IT REMEMBERID That on this �_ day of
1964, before me, a Notary Public in and for the aforesaid County and
State, appeared the within named ARTHUR L. HDRSELL and BETTY STANARD,
known to so to be the identical individuals who executed the foregoing
instrument, and known to me to be the president and secretary respec-
tively of the CENTRAL OREGON IRRIGATION DISTRICT, and who acknowledged
to me that they executed the game freely and voluntarily on behalf of
the District, pursuant to a resolution passed by the Board of Directors.
Ili WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year in this, my certificate written.
f
-R-• Alan djj WAY BASEMENT
g : t
R
Notary Public for Oregon
My Commission Expires Gy 6 s
No.
STATE OF &EG0,N �
Cotutrty of Deschutes
I hetsb� cdsify that the within inatrument
Of writing w'asved for Record
tiw_ d •- of a o_. �0 . w) _
A. D. 19-C4 at (�,-.�'dock
and recorded in bo 7 _----_
on Pam �f ��Dep Record
B ClerkY uty