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2007-1657-Order No. 2007-158 Recorded 12/3/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKDS vu 2007-1657 COMMISSIONERS' JOURNAL 1210312007 04:27;49 PM REV EWED LEGAL COUNSEL 2007-1887 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order accepting and approving the County Road Official's Report on the vacation of a portion of the 1907 J.N. Masten Road, Deschutes County, Oregon, setting a date for a public hearing, and providing for public notice of said hearing. ORDER NO. 2007-158 WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the vacation by Resolution Number 2007-142 dated on November 28, 2007; and WHEREAS, at the request of the Board of County Commissioners of Deschutes County, Oregon, the County Road Official has submitted a report on the proposed vacation pursuant to ORS 368.346; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That the report relating to the vacation of a certain dedicated public road known as a portion of the 1907 J.N. Masten Road, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted and hereby approved. Section 2. That on Wednesday, January 9, 2008, at 10:00 a.m. at the Deschutes County Commissioner's Hearings Room, Deschutes County Services Center, 1300 NW Wall Street, Bend, Oregon 97701, the Board will hold a hearing to determine whether vacation of the subject property, described in Exhibit "B", attached hereto and by this reference incorporated herein, is in the public interest. Page 1 of 2 - Order No. 2007-158 Section 3. Notice of said hearing shall be provided by posting and publication in a form that substantially conforms with Exhibit "C", attached hereto and by this reference incorporated herein, pursuant to ORS 368.346(3) and 368.401 to 368.426. DATED this W day of X V / , 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON MI ATTEST: Recording Secretary ;C DE IS R. LUKE, Vice-Chair TAMM A , Commis loner Page 2 of 2 - Order No. 2007-158 ,-T ES A%AV~ Exhibit "A" 0 A 1 of 2 Road Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 ENGINEER'S REPORT TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: November 14, 2007 SUBJECT: Vacation of a portion of the 1907 J.N. Masten Road (Diamond Bar Ranch Road) This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of-ways or subdivision plat. Background: John Rosen has petitioned the Road Department to vacate a portion of the 1907 J.N. Masten Road (Diamond Bar Ranch Road) located along and through his property (see attached site map Exhibit "I"). This portion of the J.N. Masten Road had been part of the Wagon Trail Ranch Road but in 1972, the Gilchrist Timber Company and Brooks Scanlon, Inc. dedicated a new portion of Wagon Trail Ranch Road that went around the roadway that is proposed to be vacated. Wagon Trail Ranch Road is a paved road maintained by the Wagon Trail Ranch Property Owners Association that is located in Klamath County. The reasons for the vacation request are as follows: 1. This portion of the J.N. Masten Road is not needed for public travel since the dedication and subsequent improvement of the 1972 dedicated portion is used by the traveling public. 2. Vehicles that use this roadway do so at a high rate of speed. 3. The intersections of this graveled road intersect with Wagon Trail Road at an angle that does not meet current design standards and have been the site of several close calls due to people not stopping at the intersections. I have attached a letter from Mr. Rosen outlining his concerns and the work he has done concerning this vacation (see Exhibit "2") Discussion- The Road Department mailed out notices to all interested parties and also utilities serving the area to determine if there was any interest in maintaining a utility easement. The following are the utilities notified and their response to the vacation: Midstate Electric: No Response Pacific Power: No Response PGT: No Response Quality Services Performed with Pride Exhibit "A" 2 of 2 Qwest Corporation: Qwest notified that they have facilities in the right-of-way and the applicant will work with them on securing an easement prior to signature of the vacation order. La Pine Fire Department: No Response Deschutes County Community Development Department: No Response County Legal Counsel: No Response Mr. Rosen also submitted documentation from the following parties concerning this vacation: ➢ Don Newcomb, Senior Trooper, Oregon State Police Patrol Division, Gilchrist, OR ➢ Terry Cagaanan, Chairman of the Board of Directors, Wagon Trail Ranch Property Owners Association. ➢ R.D. Buell, District Manager, Walker Range Forest Protective Association. ➢ Norman and Marlene McClung, resident of Wagon Trail Ranch Road. These documents are attached at Exhibit 113" Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department makes the following findings: 1. The Road Department has verified that a petition under ORS 368.341 has initiated proceedings for this vacation and contains the signatures of either owners of 60 percent of the land abutting the property proposed to be vacated or 60 percent of the owners of land abutting the property proposed to be vacated; and 2. A utility easement does not have to be retained. 3. The vacation allows the applicants to better utilize their property and clears up the title to their property. Recommendation; It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right-of-ways to the tax roles and allows the property owners to better utilize their properties. The Road Department recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2008-001 subject to the following conditions: 1. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS 368.366 (1)(c). 2. A utility easement does not have to be retained on the vacated property 3. No opposition to the vacation is reported to the County prior to or during the public hearing. Diamond Bar Ranch Rd Vacation Exhibit "r1" RD o , F- U) w r' O' U- ~ s2 U -PQ Road to Vacate Locator Map BUR LESS LA PINE 6TH S FS RD 22 97 nS2TLEN RD Deschutes Countv 0 500 1,000 2,000 3,000 4,000 Feet Legend ar_ October 19, 2007 Diamond Bar Ranch Rd ® Main Roads ^ Other Roads Taxiots Deschutes County Road Department The information on this map was derived from digital databases on .P Deschutes County's G.I.S. Care was taken in the creation ofthis C- d By: map, but it is provided "as is". Deschutes County cannot accept any I John Anderson, GIS Specialist responsibility for errors, omissions, or positional accuracy in the digital Rhone: (541) 322-7102 data or the underlying records. There are no warranties, express or ~L7QIL7L Z1. L ~ Emailj ohna®co.deschutes.ocus implied, including the warranty of merchantability or fitness for a Address: 61 150 SE 27th 5t particular purpose, accomparrying this product. However, notification Bend, OR 97702 of any errors wl II be appreciated. P:\ArcGIS_Projects\Vacations\Diamond Bar Ranch Rd Diamond Bar R Ranch, LLC PO Box 2639 La Pine, Oregon 97739 September 27, 2007 Mr. George Kolb, P.E. County Engineer Deschutes County Road Department Engineering 61150 SE 27, St Bend, Oregon 97702 Dear Mr. Kolb: Please find our application to vacate the "Diamond Bar Ranch Road" in southern Deschutes County. My wife and I as majority landowners on both sides of this road have signed this petition as well as Robert & Donna Reed who own a portion on the northwestern road boundary. We have made a very good case for vacating the road due to its redundancy and safety issues as spelled out in the attached "A case for vacating the Diamond Bar Ranch Road". Also, we have substantial support as seen in the attached letters, including the support from the Board of Directors of Wagon Trail Homeowners Association. peti 'on has been th submitte . ohn osen PO ox 2639 out carefully and is respectfully La. Pine, Oregon 97739 USA 541-536-8158 telephone flat-panel@msn.com e-mail address Exhibit 2 Page 1 of 9 A case for vacating the Diamond Bar Ranch Rd. Synopsis: Diamond Bar Ranch Road, formally known as J.N. Masten Road, has been in its present or near present position for a number of years with very light use. In 1972 a road dedication deed was granted that created a new road to the east of the current Diamond Bar Ranch Road to service a small but growing number of homes just south of the Klamath County line, known as Wagon Trail Ranch. The road, which was named Wagon Trail Road was paved and became the prime source of entry and egress from Masten Road to the Wagon Trail Ranch development. John & Bonnie Rosen bought property in Deschutes County in Sections 25 and 36 in 1997 bordering the rough dirt road known at that time as the J.N. Masten Road. This road was impassable much of the winter and spring and a dust storm in the summer. To facilitate getting into and out of the property just purchased, which became known as the Diamond Bar R Ranch, LLC, the southern portion of J. N. Masten road was built up and graveled to allow all weather access. The dirt road north of the entrance to the Diamond Bar Ranch was, and still is basically a man made stream bed as the level is at least two (2) feet lower then the surrounding terrain. The name J.N. Masten was changed in the early 2000's to Diamond Bar Ranch Road, to avoid confusion with the main artery "Masten Road". Exhibit 2 Page 2 of 9 The current road has not been used in the winter months in 6 out of the last 10 years that the Rosen's have lived on the Diamond Bar R Ranch and although it was used sparingly over the winter of 2006/2007 it was shut down completely in the winter of 2005/2006 Because of the problems associated with speed, dust, and accidents and near accidents on this road, the President of the Wagon Trail Homeowners Association promised that they would not try to maintain the Diamond Bar Ranch Road thus encouraging use, although slight. On Saturday September 15, 2007 I made a presentation to the Wagon Trail Homeowners Association Board of Directors. We discussed the safety issues of the Diamond Bar Ranch Road and they now support this "road vacating" process as shown in their attached letter. How does the Diamond Bar Ranch Road fit into the bigger picture in terms of length and apparent importance as an artery of transportation? From the intersection of Masten Road and Wagon Trail Road it is 2.2 miles to the Klamath county Line and the Wagon Trail Ranch development on the newly paved Wagon Trail Road. If one drives down the dirt Diamond Bar Ranch Road it eliminates approximately .2 of a mile for those that do use it. Because it is straight, it is used for speed and passing other cars that are using the nice paved road. Exhibit 2 Page 3 of 9 2 When one looks at the typical summer scene of a vehicle using the Diamond Bar Ranch Road (as shown in the attached photograph at the end of this presentation), it is no wonder most people choose the main paved road. There is basically one reason the few vehicles that use this road do so, and that is speed. We have to remember that this is not an artery, it is a short road, that is a short- cut. This short cut is used by a very limited number of vehicles that have created problems with accidents, near accidents, and dangerous re-entry problems to Wagon Trail Road. We have personally observed many of the vehicles not stopping, but re-entering Wagon Trail Road at a high rate of speed even though the entry is blind. To emphasize the validity of these claims, please review the letter also attached at the rear of this presentation from Officer Don Newcomb of the Oregon State Police. In his letter, he is not taking sides with the issue, but merely stating what he has observed. In July 2007 the Diamond Bar R Ranch, LLC purchased 65 acres that form an island of land between the Diamond Bar Ranch Road and Wagon Trail Road. This purchase gives the Diamond Bar R Ranch ownership of both sides of the Diamond Bar Ranch Road with the exception of a small piece on the west side of the road at the north end in section 25 which is owned by Robert and Donna Reed. Exhibit 2 Page 4 of 9 With this small background, we would like to vacate the Diamond Bar Ranch Road as owners of the property on both sides of the road. Pro's & Con's For Vacating The Diamond Bar Ranch Road >Pro's >Forces traffic to use the paved road, that because of its curved nature, induces safer speeds. >Eliminates the re-entry problems of traffic not stopping at stop signs prior to driving onto Wagon Trail Road from the Diamond Bar Ranch Road. >Eliminates racing to see which vehicle will make it to the North or South intersection first. >Reduces potential collisions when leaving the Diamond Bar R Ranch gate. >Eliminates accidents on the road from all the above. >Reduces fire hazard from cigarettes being thrown from vehicles & acts as natural fire-break for the northeastern corner of the Diamond Bar R Ranch. >Reduces potential liability claims against Deschutes County and the Diamond Bar R Ranch. I/-• Exhibit 2 Page 5 of 9 >Eliminates road hunting on that section of road by hunters that wait for animals to cross the road going to water, and the possibility of stray bullets on the Diamond Bar R Ranch and across the public access of Wagon Trail Road. >Reduces large amounts of dust which is a pollutant because of the road's dirt base. >Con's (The arguments for not vacating the road) > The Diamond Bar Ranch Road can be used as a fire escape route or fire equipment staging area. After discussions with Mr. R. D. Buell of Walker Range Fire Patrol Association, I was informed that Wagon Trail Ranch will have a fire escape route going to the south and exiting into Highway 97. According to Mr. Buell, he thought that this would be accomplished by the Spring of 2008. Even without this Southerly escape route for Wagon Trail Ranch, the Diamond Bar Ranch Road is a liability for egress as spelled out below. As referenced in his attached letter, Mr. Buell had no problem with the Diamond Bar Ranch Road being vacated, as long as his agency could use their combination locks on any gates that would be erected. 5 Exhibit 2 Page 6 of 9 He indicated that this would be a good staging area, but he also implied that it would be hard to use it for both staging and as a Wagon Trail escape route. The paved road (Wagon Trail Road) would be their northerly evacuation route in case of an emergency. Also, the Diamond Bar R Ranch would allow the Board of Directors of Wagon Trial Ranch to have a key to the Diamond Bar Ranch Road if the vacating process is successful . This would be for the use of the present Diamond Bar Ranch Road only in an emergency as referenced above. The Diamond Bar R Ranch, LLC would also insure that any down trees would be removed from the vacated road during the summer months of fire season to insure its use if necessary. The road would be kept passable for emergency situations, but not maintained as it might be for constant use. This one (1) mile of Diamond Bar Ranch Road, if used for egress along with the Wagon Trail Road during a fire, becomes more of a liability then an asset (again the re-entry problem with people fleeing a fire and colliding when they re-merge). Also, trying to combine the use of this road for fire equipment staging and also for fleeing residents would most surely lead to restrictions on traffic flow. It would violate the habit patterns that the residents of Wagon Trail would rely on in an emergency. Exhibit 2 f Page 7of9 By allowing both Walker Range Fire Patrol Association and The Wagon Trail Homeowners Association access to this area in times of crisis, makes this proposed vacation of the Diamond Bar Ranch Road a win-win situation for the population of residents that reside close by. The only ones who do not win here, are the small number who violate common sense with their high speed and unsafe driving actions. Exhibit 2 Page 8 of 9 Summary The short road presently known as the Diamond Bar Ranch Road has far more liabilities then assets if it remains open. It is redundant as a nice newly paved road exists for entry and egress for Wagon Trail Ranch, one that the Wagon Trail Homeowners Association have just spent a considerable sum on repaving. The Diamond Bar Ranch Road is used by a small number of the total Wagon Trial Ranch homeowners population and that use is generally for only one purpose; to go straight, to go fast, and to beat other vehicles that are ahead of them on the paved Wagon Trial Road. For the signers of the attached petition, I respectfully submit our application to vacate the road currently known as the "Diamond Bar Ranch Road". Sin r , J n B. Rosen Attchments: >Map >Photos >Letter from Mr. R. D. Buell >Letter from State Police Trooper Don Newcomb >Letter from the Board of Directors of the Wagon Trail Homeowners Association >Letter from Norman & Marlene McClung Exhibit 2 Page 9of9 v OREGON STATE POLICE September 9, 2007 John Rosen Diamond Bar R Ranch Subject: ROAD HAZARDS ON DIAMOND BAR RANCH ROAD In reference to our conversation on September 6, 2007. 1 have lived on and patrolled Wagon Trail Ranch Road for the last 9 %2 years. During that time I have issued several Citations for Fail To Obey a Traffic Control Device (STOP SIGN). Several times subjects ran the stop sign at speeds Much higher that normal 30 - 40 mph and in one incident I arrested a person for running the stop sign at the South end of the road going 70 mph through the stop sign with traffic on Wagon Trail rd. While driving my personal vehicle I have also witnessed vehicles run the stop signs at both ends, in fact most vehicles I have witnessed run the stops signs. Because of the way Diamond Bar Ranch road intersects Wagon Trail Ranch road at both the North end and the South end in a corner I believe Diamond Bar Ranch road is a hazard. It is difficult to see approaching traffic on Wagon Trail Ranch road as you try to pull out from Diamond Bar Ranch road because of the trees and the corners. Also because Diamond Bar Ranch road is dirt at the North end and gravel at the South end vehicles entering onto Wagon Trail Ranch road cerate a great deal of dust making it difficult to negotiate the sharp curves at both ends of the road. This may also add to the reason vehicles don't usually stop at the stop signs because of the cloud of dust they create by driving on Diamond Bar Ranch road. In my years patrolling this area I have responded to several traffic crashes at both the North and South intersections of Wagon Trail Ranch road and Diamond Bar Ranch road and two crashes on Diamond Bar Ranch road. Most of the crashes could be attributed to speed and loose dirt and gravel. In talking to people about the reasons they use Diamond Bar Ranch road over Wagon Trail Ranch road the majority state that they don't like the curviness of Wagon Trail Ranch road and are willing to put up with the dust created by driving on Diamond Bar Ranch road. Sincere) , Don Newcomb, Senior Trooper Oregon State Police Patrol Division, Gilchrist, OR DDN Exhibit 3 Page 1 of 4 Sept. 22°d, 2007 Mr. John Rosen Diamond Bar Ranch Rd. LaPine, OR. 97739 John: I'm writing this letter on behalf of the Board of Directors of Wagon Trail Ranch Property Owners Association and myself, the Chairman of the Board. The Board and the members in attendance at the Regular Board of Directors meeting on Sept. 15th, '07, want to thank you for your presentation in which you expressed your intent to apply through the county to "road vacate" Diamond Bar Ranch road. We totally agree on the excessive speed (at times 50 to 70 mph) and reckless driving on that narrow dirt road. It has become an extreme danger to our home owners and any other driver that travels on our paved entry road (Wagon Trail Ranch rd.) as that dirt' road comes on to our subdivision entry road, with very few coming to a stop at the sign. We also appreciate your assurance to us directly and in your application to allow the surrounding residence to use that Diamond Bar road as a fire exit in case of emergency and for Walker Range to use it as a fire fighting staging area. In your presence at that meeting on Sept. 15`b, there was verbal support of your intensions with only a concern that our association would have access to that road in case of an emergency. You stated that the Board would have a key or the combination to the locks on any gates that would be used in that situation. After you left the meeting there was further discussion and there was no voice of opposition by attending members or the Board. A Board member made a motion to approve your intent to "road vacate Diamond Bar Ranch Road" and to write a letter of support on this issue. It was seconded and a vote of approval was unanimous. This motion is recorded in the minutes of that meeting and please feel free to use this letter as part of your application with the county. If you have any further concerns, please contact me. ours truly, Chi an of the Board of Directors Wagon Tr; it Ranch Property Owners Association Exhibit 3 Page 2 of 4 Ron Sommerfeldt Theresa Cliff Tim English R.D. Buell President Vice President Treasurer District Manager /Og 4A\ N PA"~I Walker Range Forest Protective Association P.O. Box 665 Gilchrist, Oregon 97737 Celebrating 80 Years Excellence Service Pride Directors Keith Little John Straw Darren Frank Stuart Barr September 15, 2007 John Rosen . P.O. Box 2639 LaPine, Oregon 97739 John: This letter is in regards to your request about closing the Diamond Bar Ranch road which intersects with Wagon Trail Road which is the main access road going into Wagon Trail Ranch subdivision. We have no problem with your closing the road but would request that you gate both ends and allow Walker Range to place a combination lock on both gates. This would enable any emergency vehicles access during an emergency or evacuation. Any communications you have with Deschutes County regarding this project please keep us in the loop. 'Any questions please don't hesitate to contact me. R.D. Buell District Manager Exhibit 3 Page 3 of 4 135393 Highway 97 N Crescent, Oregon 97733 541-433-2451 Norman and Marlene McClung 152656 Hackamore Lane La Pine, OR 97739 Sept. 22, 2007 To Deschutes County or Whomever this concerns, I am a resident of Wagon Trail Ranch which borders Diamond Bar Ranch to the south. The 2 properties share Wagon Trail Ranch Rd. from Masten Rd. south. Wagon Trail Ranch Road is a paved road with a 30 MPH speed limit. The Diamond Bar Ranch Rd begins about '/o mile from Masten Rd. and ends about 1 /2 mile from the entrance to Wagon Trail Ranch. -I-am-writing-to fully endorse=and-support John-Rosen- and the Diamond-Bar- Ranch-on - the gating of Diamond Bar Ranch road. This dirt road is used to speed, run dirt bikes and ATV's . It is dangerous for those of us using Wagon Trail Rd. because they enter the paved road without warning . There have been many close calls for my family as well as other residents . The dust and fire danger are problems as well. The dirt road is used to enter the wooded areas for hunting and sport riding of dirt bikes and ATV's........ This is illegal as well as dangerous. Mr. Rosen has given residents legal access to his road in case of fire or emergency, this is all we ask. We therefore ask that you grant John Rosen's request to close and gate both ends of Diamond Bar Ranch Rd. Thank You, Exhibit 3 Page 4 of 4 EXHIBIT "B" C2 DAVID EVANS ANDASSOCIATES INC. Diamond Bar Ranch Road Right-of-way Vacation Vacation of a part of the 1907 J. N. Masten Road (also known as Diamond Bar Ranch Road) established on December 17, 1907 in the Crook County Commissioner's Journal, Volume 4, Page 181, lying in the east 1/2 of Section 25 and the northeast 1/4 of Section 36 in Township 22 South and Range 9 East of the Willamette Meridian and in the west 1/2 of Section 30 and the northwest 1/4.of Section 31 in Township 22 South and Range 10 East of the Willamette Meridian, Deschutes County, Oregon as shown on the attached map and further described as follows: That part of said J. N. Masten Road lying south of the southwesterly right-of-way, adjacent to the east line of Section 25, of the Road described in Volume 187, Page 893 of the Deschutes County Deed. Records, and north of the northwesterly right-of-way; adjacent to the east line of said Section 36, of said Road described in Volume 1.87, Page 893 of the Deschutes County Deed Records, (also known as Wagon Trail Ranch Road). REGISTERED PROFESSIONAL LAND SURVEYOR . OREGON JULY 18, 1980 JERRY C. POWELL 1919 RENEWS 12-31-2008 October 10, 2007 P:\O\OBND02970297\0600INFO\Diarriond Bar Ranch Road Vacation.doc 320 Upper Terrace Drive Suite 200 Bend Oregon 97702 Telephone: 541.389.7614 Facsimile: 541.389.7623 EXHIBIT "C" CERTIFIED MAIL RETURN RECEIPT REQUESTED BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOTICE OF ROAD VACATION HEARING NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON JANUARY 9, 2008, AT 10:00 A.M. IN THE DESCHUTES COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 NW HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD. NOTICE TO MORTGAGEE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215 r%rn -M 1AT fir- .ice. In response to a petition by landowners, Deschutes County initiated the vacation of a portion of the 1907 J.N. Masten Road, located in Deschutes County be vacated. NOTE: A utility easement will not be reserved on vacated public road right-of-way parcels unless there is physical evidence of an existing utility on the parcel, or a utility company provides evidence of an existing facility, or there is a specific request from a utility company to retain an easement for a planned future facility. Persons interested in obtaining more detailed information or a map of the proposed vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street, Bend, Oregon, (541) 322-7103. ORS 368.326 to 368.366 provides authority for road vacation. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair PUBLISHED: Bulletin - December 20, 2007 and December 30, 2007 POSTED: December 20, 2007 MAILED: December 10, 2007