2008-62-Order No. 2008-001 Recorded 2/4/2008DESCHUTES COUNTY OFFICIAL RECORDS CJ X448'67
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 02/04/2008 04;30;47 PM
I I III IIIIIIIIIIII II III
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Deschutes County Clerk
Certificate Page
If this instrument is being re-recorded, please complete the following
statement, in accordance with ORS 205.244:
Re-recorded to correct [give reason]
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and Page
DESCHUTES
CLERKS 2008.05329
REVIEWED
11111111111111111111111111111111111111111111111 NO FEE
LEGAL COUNSEL 0 5a 0782008000532000 046
02/04/2008 04;26;58 PM
D-V Cntmi Stn=23 CLERK
This is a no fee document
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating that portion of
the 1907 J.N. Masten Road located in,
Deschutes County, Oregon
ORDER NO. 2008-001
WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation
of a portion of the 1907 J.N. Masten Road by Resolution Number 2007-142 dated November 28, 2007; and
WHEREAS, the Board of County Commissioners requested the County Road Official to prepare a
report relating to the vacation; and
WHEREAS, the Board of County Commissioners accepted and approved the County Road Official's
report and, as required by ORS 368.346, set a public hearing for January 9, 2008 at 10:00 a.m. by Order Number
2007-158 dated November 28, 2007; and
WHEREAS, notice of hearing was given in accordance with ORS 368.346(3) and 368.401 to 368.426;
and
WHEREAS, the Board of County Commissioners held said hearing on January 9, 2008 and a continued
hearing on January 28, 2008 to consider matters presented under ORS 368.346; and
WHEREAS, the Board of County Commissioners finds that it is in the public interest to vacate the
public property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the property, described in Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby vacated.
Section 2. That the property, vacated in Section 1, shall vest in the rightful owner holding title according
to law pursuant to ORS 368.366(1)(c).
Section 3. That the vacation is subject to the recording of an emergency access easement in
substantially the same form as attached Exhibit "B," incorporated by reference herein, over the vacated roadway
granted to the Wagon Trail Ranch Property Owners Association, Walker Range Forest Protective Association
and any other emergency services organizations and terminating on January 30, 2013.
Section 4. That the Deschutes County Surveyor is directed to mark a copy of the plat, if any, as
provided in ORS 271.230.
PAGE 1 of 2- ORDER No. 2008- 001 (01/28/08)
Section 5. That this Order shall be recorded with the Deschutes County Clerk, and copies shall
be filed with the Deschutes County Surveyor and County Assessor.
Dated this ~ of 008
t/ I
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHU ES COUNTY, OREGON
DE IS R. LUKE, Cliair
PAGE 2 of 2- ORDER No. 2008- 001 (01/28/08)
c
TAMMY (BANEY) MELTON, Vice Chair
EXHIBIT "A"
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 1 9 1 P~OWELL
RENEWS 12-31-2008
October 10, 2007
P:\O\OBND02970297\0600INFO\Diamond Bar Ranch Road Vacation.doc
320 Upper Terrace Drive Suite 200 Bend Oregon 97702 Telephone: 541.389.7614 Facsimile: 541.389.7623
After Recording
Return to: Deschutes County
Road Department
61150 SE 27th St.
Bend, OR 97702
EMERGENCY ACCESS EASEMENT
John Rosen and Bonnie Rosen, Grantors, do hereby grant to the Wagon Trail Ranch
Property Owners Association, Walker Range Forest Protective Association and any other
emergency services organizations, an easement for emergency access on that parcel of land
described in Exhibit "A" attached hereto and by this reference incorporated herein. Grantors
reserve the right to place gates at or near each access to the vacated portion of Wagon Trail Road
and lock the gates with a Knox Box or similar locking device so long as grantors provide grantees
with keys to the locking device or other means for accessing the easement area. This easement
shall be in effect until January 30, 2013 at which time it shall be terminated.
2008
IN WITNESS WHEREOF, this document is executed this day of
John Rosen
STATE OF OREGON
County of Deschutes
Bonnie Rosen
SS.
The foregoing instrument was acknowledged before me by John and Bonnie Rosen this
_ day of 2008.
NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES:
Exhibit "B"
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