2011-2780-Order No. 2011-007 Recorded 5/6/20114G~,L IE D
C UNSEL
COUNTY
NANCYUBLANKENSHIP,P000NTY CLERKDS CJ 2011.2180
COMMISSIONERS' JOURNAL 05/06/201108:29:10 AM
1111111111111111111111111111111
2011-2760
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of
Stagecoach Lane (aka a portion of the ORDER NO. 2011-007
Frank Doney Road) located in Deschutes
County, Oregon,
WHEREAS, proceedings for vacating a portion of the Stagecoach Lane (aka a
portion of the Frank Doney Road) located in Deschutes County, Oregon, were initiated by a
petition filed by owners of property abutting said road and trails pursuant to ORS 368.341(1)
(c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said owners'
approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Road Official has prepared and filed with the Board a written report
pertaining to the vacation; and
WHEREAS, said report contains the County Road Official's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1 That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Road Official's written report, attached as Exhibit "B"
and by this reference incorporated herein, is hereby accepted and approved.
Page 1 of 2 - ORDER NO. 2011-007
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. This vacation will become effective immediately upon the approval by
Jefferson County of the vacation of that portion of Stagecoach Lane that lies within
Jefferson County's jurisdiction."
Section 5. That the property, vacated in Section 3 herein shall vest with the
rightful owner holding title according to law, in accordance with ORS 368.366(1)(c).
Section 6. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 7. 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 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
" 11+e"~
TAMMY BANEY, Chair
ATTEST:
/12
^ ~~~~~lL-ems.
Recording Secretary
ANTHONY DEBONE, Vice Chair
7
Cl.n~ VIA
ALAN UNGER, Commissioner
Page 2 of 2 - ORDER NO. 2011-007
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
We, the undersigned (holding recorded interest or abutting the proposed property or owning
improvements constructed on the proposed property for vacation), respectfully request the following
described road be vacated.
Description of road to be vacated:
Located in IT t-7 '6 h r -e-- , Deschutes County.
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Reason for road vacation request: 11,I)✓) 'VA M~Z e- ,AC
DATED this day of fiuq A 20
PRINT NAME MATURE ADDRESS
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STATE OF OREGON )
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County of
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CITY STATE ZIP
On this day of T i T in the year 20 before me, a Notary Public, personally appeared
1 . K1) 0 [Y+ personally known to me (or proved to
me on the basis of sati actory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WIT S
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EAL Notary Public for Oregon t~q rr1~
VEY My Commission expires:
REGON
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Page 1 of 2
Exhibit "A"
1 of 2
STATE OF OREGON )
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County of y~eznuin )
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OFFICIAL SEAL
LESLIE M POVEY
COMMISSION NO 8436800
MYCOMMISSIONEXPIRES FEB 24 2013
On thi day of in the year 20 L) before me, a Notary Public, personally appeared
iArICICT, personally known to me (or proved to
me on the basis of satisfactory e ' ence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WIT S y-hanV~nd ic4al seal
(,Q~" % Notary Public for Oregon.
a('+
My Commission expires:
2V I
STATE OF OREGON
County of
ss
On this day of , in the year 20_, before me, a Notary Public, personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WITNESS my hand and official seal
Notary Public for Oregon.
My Commission expires:.
STATE OF OREGON
County of
ss.
On this day of , in the year 20_, before me, a Notary Public, personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WITNESS my hand and official seal
Notary Public for Oregon.
My Commission expires:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Page 1 of 2
Exhibit "A"
2of2
RTES
Exhibit B
Page 1 of 3
ENGINEER'S REPORT
TO: Board of County Commissioners
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: March 16, 2011
SUBJECT: Vacation of a portion of a portion of Stagecoach Lane (aka a portion of the Frank Doney Road)
This report is made pursuant to ORS 368.351, concerning the vacation of property without a public hearing. A
county governing body may make a determination about a vacation of property without a public hearing if.
(1) The county road official files with the county governing body a written report that contains the county
road official's assessment that any vacation of public property is in the public interest; and
(2) The proceedings for a vacation were initiated by a petition that contains acknowledged signatures of
100 percent of the property owners abutting any public property to be vacated.
Discussion:
The Road Department was approached by Philip and Penelope Knight concerning the vacation of a portion of
Stagecoach Lane (aka the Frank Doney Road) that is located along the north line of their property on the border
of Deschutes County and Jefferson County. Road Department records indicate that the Frank Doney Road was
established by the Crook County Commissioners on 9/8/1910 as recorded in Crook County Commissioners
Journal 4, Page 404 with a right-of-way width of 60 feet. This road serves only the Knight property within
Deschutes County. The remainder of the road, (the north 30 feet of the right-of-way is located in Jefferson
County) will be vacated in a separate process in Jefferson County. Conversation with Mike McHaney, Jefferson
County Public Works Director indicated that Jefferson County is in favor of the vacation.
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:
Central Electric: Response from Lance Wooderson, Distribution Engineer, "Central Electric Coop (CEC)
currently has approximately 2300' of powerlines in the road right-of-way. CEC will need a
power line easement to protect and maintain these facilities. " On January 5, 2011, an easement
was recorded in favor of Central Electric Co-op per document 20 1 1-00478.
Quality Services Performed with Pride
Exhibit B
Page 2 of 3
Central Oregon Irrigation District: On January 7, 2011, Jeremiah Fender contacted our office concerning the
vacation. He stated that COID does need an easement even though they did not reply to the
initial request for comments. It was explained to Jeremiah that we would not proceed with the
vacation until an easement was in place for their facilities. On March 15, 2011, an easement was
recorded in favor of CIOD per document 2011-09939.
Pacific Power: No Response
PGT: No Response
Qwest Communications: Response dated 9/14/10 from Lynn Smith, Manager, ROW, stating that Qwest does
have facilities in the area to be vacated and that it is imperative that Qwest rights be preserved in
the area in the form of a perpetual non-exclusive easement. On March 15, 2011, an easement was
recorded in favor of Qwest per document 2011-09940.
Redmond Fire and Rescue: Response dated 9/14/10 from Clara Butler, Deputy Fire Marshall, "Stagecoach
Lane is a primary emergency access to structures. Redmond Fire and Rescue does not support
the vacation of this Lane. " On December 20, 2010, Clara Butler send an e-mail to the Road
Department stating the following, "Redmond Fire and Rescue has approved the road vacation of
Stagecoach Ln. It shall be maintained by Phillip Knight and meet fire code requirements of 20
feet in width with all weather surface and be able to withstand 70, 000 pounds. "
Deschutes County Community Development Department: No Response
Jefferson Co. Public Works Department: Conversation with Mike McHaney, Jefferson County Public Works
Director indicates that he does not have a problem with the portion of the vacation located in Jefferson County.
He stated he will be bringing this before his Board of County Commissioners on April 6, 2011 for approval.
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 acknowledged signatures of the owners of 100 percent of the property abutting
the proposed vacation.
2. The right-of-way proposed for vacation will not be needed for public travel in the future
3. A utility easement does have to be retained and has been accomplished per documents 2011-00478, 2011-
09939, and 2011-09940.
4. The vacation allows the applicants to better utilize their property and cleans up the title to their property.
Exhibit B
Page 3 of 3
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right-
of-way 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. 2011-007
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. Utility easements have been retained on the vacated property
3. No opposition to the vacation is reported to the County prior to presentation to the Board of County
Commissioners.
4. This vacation will become effective immediately upon the approval by Jefferson County of the vacation
of that portion of Stagecoach Lane that lies within Jefferson County's jurisdiction."
EXHIBIT "C"
Paqe 1 of 2
VACATION OF A PORTION OF THE FRANK DONEY ROAD
DESCRIPTION OF A PORTION OF THE FRANK DONEY ROAD AS
ESTABLISHED PER CROOK COUNTY COMMISSIONERS JOURNAL 4,
PAGE 404, DATED SEPTEMBER 8, 1910, LOCATED IN THE SOUTHEAST
114 OF SECTION 33, TOWNSHIP 13 SOUTH, RANGE 13 EAST, AND IN
THE NORTHEAST 1 /4 OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 13
EAST, WILLAMETTE MERIDIAN, JEFFERSON AND DESCHUTES COUNTIES,
OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SAID FRANK DONFY ROAD LOCATED WITHIN THE
SOUTHEAST 1/4 OF SAID SECTION 33, AND LOCATED WITHIN THE
NORTHEAST 1/4 OF SAID SECTION 4, AND LYING EAST OF A LINE
WHICH IS PERPENDICULAR TO THE NORTH LINE OF SAID SECTION 4,
SAID LINE BEING 198 FEET EAST OF THE NORTH 114 CORNER OF
SAID SECTION 4, AS MEASURED ALONG THE NORTH LINE OF SAID
SECTION 4.
THE AREA TO BE VACATED IS SHOWN ON THE ATTACHED EXHIBIT "B",
WHICH IS HEREBY INCORPORATED BY REFERENCE.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 15, 1983
WILLIAM G. BAHRKE
2039
Renewal Date: 12/31/11
PREPARED AUGUST 6, 2010
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548-6778 10-047F.DWG
EXHIBIT "C"
Paqe 2 of 2
VACATION OF A PORTION OF
THE FRANK
DONEY ROAD, LOCATED IN
SECTION 33, T.73S., R. 13E.,
AND IN SECTION 4, T.74S.,
R, 73E., W. M.,
JEFFERSON AND DESCHUTES
COUNTIES,
OREGON
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REGISTERED
PRQFESSIONAL
L I\ID SURVEYOR
60' RIGHT-OF-WAY
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0REGOQN
JULY 15, 1983
WILLIAM G. BAHRI<E
2039
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Renewal Date: 12/31/11
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PREPARED AUGUST 4, 2010
SW 1/ ,
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POVEY AND ASSOC. LAND SURVEYORS
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P.O. BOX 731, REDMOND, OR 97756
(541) 548-6778 10- 047F. DWG
Page 1 of l
Bonnie Baker
From: George Kolb
Sent: Thursday, April 07, 2011 7:00 AM
To: Bonnie Baker
Subject: RE: Stagecoach Lane vacation
"hat will work. If Jefferson County does approve the vacation on their portion, the Order can be dated on the 27th and then
ecorded. Thanks - George
'rom: Bonnie Baker
lent: Wednesday, April 06, 20115:03 PM
ro: George.Kolb
;subject: RE: Stagecoach Lane vacation
k1ready signed it but I can just hold onto it. Has not been dated.
)onnie
'rom: George Kolb
lent: Wednesday, April 06, 2011 1:02 PM
fo: Bonnie Baker
;iubject: Stagecoach Lane vacation
Bonnie;
just found out that the Board of County Commissioners in Jefferson County will not make a decision on the vacation of
stagecoach Lane until a public hearing which will be held on April 27th. The best thing to do is just hold on to the Order vacating
he road until that date and then if Jefferson County approves the vacation, we can have our Board sign the Order. Thanks -
ieorge
.jeorge Kolb, PE
;ounty Engineer
)eschutes County Road Department
leorgek@co.deschutes.or.us
41-322-7113
4/7/2011