2015-43-Order No. 2015-002 Recorded 2/9/2015 DESCHUTES COUNTY OFFICIAL RECORDS CJ 2015.43
NANCY BLANKENSHIP, COUNTY CLERK 1nI �+
COMMISSIONERS' JOURNAL 02/09/2015 08:47'15 AM
IILIlLiIIIlIIIIIIIIllIII III 2 1543
Do not remove this page from original document.
Deschutes Count y Clerk
Certificate Page
e.
404""
DESCHUTES RECORDS +�COUNTY CLE201544/93 REVIEWED (�
LEGAL OUNSEL
IIJII I IIIIII II11111111111111111W11111 NO FEE
0 8 3 01500 42830130135 02/09/2015 10:31:19 AM
D-V Cnte1 Stn■25 CLERK
This is a no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Right-of-Way Located
off of Warrin Road in T. 15 S., R. 11 E., ORDER NO 2015-002
Section 17 in Deschutes County, Oregon,
WHEREAS, proceedings for vacating a right-of-way located off of Warrin Road in T. 15 S.,
R. 11 E., Section 17 in Deschutes County, Oregon„ 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.
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That the property, vacated in Section 3 herein shall vest the in the rightful
owner holding title according to law, in accordance with ORS 368.366(1)(c).
Page 1 of 2-ORDER NO. 2015-002
Section 5. That the Deschutes County Surveyor is directed to mark the plat as provided
in ORS 271.230.
Section 6. That this Order shall be recorded with the Deschutes County Clerk, and
copies shall be filed with the Deschutes County Surveyor and County Assessor.
"f
DATED this day of - J _, 2015.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
ANTHO Y DEBONE, CHAIR
ATTEST:
ALA UNGER, VICE C- • IR
Recording Secretary
TAMMY BA EY, C 41, ISSIONER
STATE OF OREGON )
)SS.
County of Deschutes )
Before me, a Notary Public, personally appeared, TAMMY BANEY, ANTHONY DEBONE,
ALAN UNGER, the above-named Board of County Commissioners of Deschutes County, Oregon,
and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of 2th cam-/ -, 2015.
477W-tA-11, /AL $kL
NOTARY PUBLIC FOR OREGON
My Commission Expires: 2D/S
x OFFICIAL SEAL
' '; ;'s BONNIE LEE BAKER }
" r` NOTARY PUBLIC-OREGON ()
! ,::? COMMISSION NO.455987
( MY uCMM!SSICN E.xPI;jES FFBF'dUARY 23 2(i 5 1
Page 2 of 2—ORDER NO. 2015-002
EXHIBIT 1
PAGE 1 OF 3 , Current Lot Configuration
1 I]
\ r
•
I
jl.
1/.
!r1
L
I
r
.—.7-.....' .."'-"'N'N........._.__.--,,
WARRIN RD
c
J .
N
` ;\/ ° Deschutes County ! jl
w �' 1511170000700 �r
j ! , j
I 11 /1.
4's r
r
r /
I
O! Right-of-Way j / ,r'
o' to be Vacated
/ /
N ID c. �r
W .--1
LIT
/'/
Locator Map
,. Legend
7 ^ ^� State Highway
Road Centerlines
sis-11 w. - 126 Printed: December 16, 2014
1 Taxlots
Right-of-Way to Vacate
z
The inform.ion on dee rimers'derived Iran derel database.an John Anderson GIS Analyst
Dwdedee CarMye QLS. Care weslehen In the melon of n n>
map,but disprovided'oaie. De.dlulnCarely Mend accept.ny ,.' - , ,� fjk,,�„„o,-.�,r�
Location of relponiblillykr worm,missions,or peeYarl scourer”In the ildeel oof/1�,d, ;,i .r zm ,,
Vacation debt or the undnylnp record..There w no warranties,•pre=a I�r c Y r 1 a u7
Ylrphed.hrdudnd thewenenty dnwrarwRetillry a free Ibr a _„ •
-- wow*WPM.xarlperying this product. However,nWMeeiae Road Department
N. dry Gras s41 be appreds J. p ArcG15_ProjectsNACalions\Wa rein
-
EXHIBIT 1
PAGE 2 OF 3
. ,
- ,
15-11 .17 / 700 Deschutes County
Edwards - Proposed Land Trade
1 • . ..
I i
, 1 .. .
......
._. . , ..
, .. ....
3 ,•
----
A •.,-
• i . •,k•
I . . ........ ... 't.,,
...‘„. ..,..._
— .
I ... • . . . 1 1 .. ..,
.. ,,...-......-• ..,,...,,,.•...':,,,
IIII ,
To Ed ards It .,.....,...,,... 1
It:
.•
. ,
. ,..., • .
., . „._.
. .
$,..
—-',.i
_..
1 if
'.
A,
%mar itulte .
to07 _
„.•:', ,-.'
# —......
. To Deschutes County
'1..:.6.
!,4
...._....._....__ ..5.
. ,
1 1 , ,..
il
1 .
Doichutos County QIS
"ILI fliensomosimgo Des:, C0. ea."0",•!„•.•-;. •
,.., 8 reievirliki\--e
„,,
Pterl: 1-::00A1Ohl‹. r
. ,
EXHIBIT 1 ....„._
PAGE 3 OF 3 Final Lot Configuration
After Lot Line Adjustment and Road Dedication
r ,.
„. .
i
, ! ■
\ ' '
/
,, 1,
v (
i ,,_=_,=._ - -- • . ..
I i
■ ,
/ /
Right-of-Way ----- i
I
. ..._ ,......... . .
to be Vacated _
. . ,
. .
WARRINFRD - - '
- '
' !
rtl
' .4.-, M 0 I rc2 ._----New Right-of-Way Dedication
,.., 0 r....
LLI 1-1 0.1 LL.1 ri
1-1 1 Z Ti;I,
I
I ,
)■ 'ti; ....-1
,' :
, . .
I f / .
r f
. f
■Hf
Deschutes County I
1511170000700
/ !
,,..9
New Lot Layout per
247-14-000268-LL (Z.*
..44-
,..34.
,ct7
, 1
1 I I i i i I I
Locator Map
0 0.25 0.5 Miles
Legend
4..,-,..., State Highway
k.......... ',., .
SISTERS.-- - - ..,. 12a'..4.-- — Road Centerlines
_..
1...7".'i,,,, A ^ " .' Printed: January 6, 2015 1 ! Final-Taxlots
_,----.' Right-of-Way to Vacate
The infonnidan on this!nap vim derived km distal .darstaxiss on -., _:on Awkrson.G15 Anaiy5t
411116..'' Daschulas Comity's G.I.S. Can was Won in the erotica of this
map.but it is provided as ie. Onooludos County cannot accept any • „r, 0 -''..
Location of nsawatalbtary kir wars.Orritelallf,or posilicosl accuracy in to digital
ED dam or the underlying won*.Than its no wrnIntios.WINO=or
Vacation
Implied,including Ihe warranty of mm11E001110 or film=for a ialPS .
.', particular purpose,tocarnserrying this prcollict. Hostrow,nalikation Road Department
f rrors o any e will be apprscistad.
N..._ PAArnGIS_ProjectsWanatiOnsktillarrin
X i.i •
Page 1 of 3
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: y L� 6.-ic 7c-(
c- 1777/ (Aiarty4
ocated in 3 [ ,5 rt6 V S , Deschutes County.
Reason for road vacation request: s 42- ,4 A/ /7rS c'kss ee"
/ S Gads o
DATED this I. £ day of (0C+0 20 t�--
PRINT NAME ySIGNATURE ADDRESS CITY STATE ZIP
-730A r� iw. t dw p Q 1) 8(11,44.4 1 40041v /7) / a/4 ✓ C15-r4-°'5
/7 4) 9?
A. /". 47?6,,/ ti4e
STATE OF OREGON
County of UM.14I (jr(1.l ) ss.
U
On this___ clay of U.-7 F4- in the year 20 y, before me, a Notary Public, personally appeared
7-3M4ty L. FOGJA9,0 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.
���� W NES y hand a j . .fficial seal
- OFFICIAL STAMP
MARK MARICLE Notary Public for Oregon,
NOTARY PUBLJC-OOREGON�;;� My Commission expires: It I1 24t
COMMISSION NO.922074
p 7
1 MY COMMISSION EXPIRES NOVEMBER 11,2017
Page 1 of 2
Exhibit "A"
Page 2 of 3
STATE OF OREGON )
County of A S kit"'(,TD� ) ss.
11W
On this \54Hday of c o6FiL in the year 201/( , 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 ' .
� �S5 and and offic,lJ eal
R OFFICIAL STAMP
MARK MARICLE )
1V NOTARY PUBLIC-OREGON Nota ry Public for Oregon.
COMMISSION NO.922074 0 l'Zo{7
1 MY COMMISSION EXPIRES NOVEMBER 11,2017 My Commission expires: OIL
STATE OF OR G•
) ss.
County of )
On this day of , in the year 20_, before me, a Notary Public, personally appeared
y known to me (
me on the basis of satisfactory evidence)to be the person(s) whose name(s)personais(are) subscribed oto this
to
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 )
) ss,
County of )
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"
Page 3 of 3
COUNTY MEETING
We are proposing that we grant easement to the county on the existing road that exits Warrin Rd onto our acquired East
parcel in lieu of vacating the present driveway we use for access to our home.
Reasons for this are:
The driveway we put in will not hold up to a lot of public or residential traffic. It is impassable for two vehicles at the
same time. A vehicle is unable to back up due to the curves,grade and drop offs present on the driveway.
It is too steep and curvy for access of any future development,should there be any, as we had a very difficult time
navigating it with what we had to finish ourselves. Any large trucks or excavating equipment would severely damage
our access. We were also informed that the needed percentage of curves would prohibit the navigation of trusses or
other needed transport for building. The road is simply a driveway to our home and should be left as such. It was
extremely expensive to develop along with the county road we had to complete on our own, and we would not want to
lose the money invested should it be damaged from greater traffic in the future.
It is much farther away from the paved access of Fryrear road than the easement offered on the East parcel is. The
distance to the back parcel we are exchanging is also less from the new easement road.
Our benefit is that we will feel safer, as you know we have had occurrences of trespass from ATV's and hunters coming
into our home. We should be able to feel safe here, especially not being close to other neighbors or any form of help
should something happen. When we are gone,we should be able to lock our gate as others do to prevent vandalism
and other losses, as again, we are alone out here.
We worked with the fire department to open access on curves for them to approach ONE home, not many. It would be
extremely difficult for them to navigate the driveway and turnouts for more than one residence. The flatter, straighter
easement road offered on the East Parcel would provide a much closer and attainable access in emergencies. We do not
want to compromise any help they could give us in a fire situation or similar circumstance with a road that is not totally
intact.
We see multiple benefits to the county, as mentioned above,but in addition, it should be noted:
Using the East parcel access would prevent needed and costly improvements on the county road leading to our
driveway.
The East parcel easement offered here provides access to all of the county's property and would be perfect if ever they
were to split into the three parcels mentioned in the past. The road continues through the county property and all the
way through to Fryrear Rd, as we have walked it all the way through.
Many off shoots of dirt roads access the easement we are offering, making it perfect if ever developed.
This easement road is also much less costly if ever the county made improvements to the county road and the easement
driveway. It is straight, relatively flat, and very wide, providing safe passage for multiple vehicles or excavating
equipment, something our present driveway is not,
In the event of emergencies or snow/weather issues, it is much easier to get in and out of this road than our present
driveway,as discussed above.
We fully believe our offering of this easement will benefit the county and improve the value of their land.
,e\`" r,
c
.�
❑r .� Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541)388-6581 • FAX (541) 388-2719
Exhibit B
Page 1 of 3
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: January 20, 2015
SUBJECT: Vacation of a right-of-way located off of Warrin Road in T. 15 S., R. 11 E., Section 17 in
Deschutes County, Oregon.
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:
Tom and Cheryl Edwards are the applicants for this road vacation. They own two lots off of Warrin Road, TL
1511170000900 (Lot 1) and TL 1511170000800 (Lot 2) (See attached maps on Exhibit 1). They approached the
County to vacate the right of way that is located on Lot 1 that provides public access to Lot 2 for privacy reasons
as they were having problems with people using the right of way to access Lot 2 and discharging guns and
trespassing on their property to the point that they did not feel safe. This right of way was dedicated on MJP-81-
6 and discussion with Community Development indicated that vacating the right of way would land lock Lot 2
and possibly violate the code provisions in place at the time of the development. As a result of this information,
the Edwards were told it would not be possible to vacate the road.
The Edwards then approached the Deschutes County Property Management Department concerning a lot line
adjustment that would move Lot 2 from its current location south of Lot 1 directly to the east of Lot 1. The
reason for this lot line adjustment is the Edwards want to develop Lot 2 and it will be much less expensive to
provide utilities to this parcel in the new location. The Edwards then approached the Road Department
concerning the vacation of the right of way that is located on parcel Lot 1 as they felt the right of way would not
be needed after the lot line adjustment is finalized. This right of way vacation was discussed with James Lewis,
Property Management Specialist with Deschutes County and he felt that the right of way to be vacated would still
be needed to provide future access to the County property. Based on this, he felt that before the right of way
Exhibit B
Page 2 of 3
could be vacated, the Edwards would have to provide another right of way across Lot 2 for access from Warrin
Road south to the County parcel. The road dedication is being done by the Edwards. Both the vacation and the
right of way dedication will be presented to the Board of County Commissioners concurrently for signature.
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:
Bend Broadband: No Response
Cascade Natural Gas: No facilities within this right of way
Central Electric: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
Century link: No Response
Squaw Creek Irrigation: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, "I am not sure that
you can vacate this right of way because it was established to provide road frontage for Parcel 2 of MJP-81-6. If
you vacate it, Parcel 2 has no road frontage and possibly violates the code provisions in place at that time". I
replied back to Paul on 12/10/2014, "The applicants are working with the County and James Lewis on a lot line
adjustment and subsequent right of way dedication to replace the one that is being vacated. The road vacation
and subsequent dedication will go to the Board on the same date so we should be covered as far as your comment
is concerned. " Paul's reply, "Didn't know about this other info you mention. If you're comfortable with it, move
forward. "
Deschutes County Legal Counsel: No Response
Deschutes County Property Management: Response from James Lewis dated 11/24/2014, "This vacation NOT
to be approved until such time as new R-O-W is dedicated (approved) to provide access to County property per
Property Mgmt. & Road Department approval. The applicants and their surveyor are aware of this requirement
and the location of the new R-O-W. "
Response from James Lewis dated 01/16/2015, "The dedication along the entirety of the eastern property
boundary as shown on Fred Asts's last drawing(see attached drawing—this is along the entirety of the new
boundary with the adjacent County property to the east—extending from Warrin Road on the north to the County
property on the south), will suffice as the replacement for the right of way proposed for vacation on the adjacent
property to the west (15-11-17/900) also owned by the Edwards. I have no further need to see any profile
drawings of potential construction and suggest approval of the dedication as shown, with the subsequent
vacation to follow the formal dedication. "
Exhibit B
Page 3 of 3
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. This right of
way will be replaced with a new right of way dedication on the new parcel created by 247-14-000268-LL
3. The vacation allows the applicants to better utilize their property and cleans 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-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. 2015-002
subject to the following conditions:
1. The vacated property shall vest entirely with tax lot 1511170000900, the rightful owner holding title
according to law in accordance with ORS 368.366 (1)(c).
2. No utility easements will be required on this vacated right of way
3. This right of way will be replaced with a new right of way dedication on the new parcel created by 247-
14-000268-LL
4. No opposition to the vacation is reported to the County prior to presentation to the Board of County
Commissioners.
EXHIBIT"C
Patel of 1
Legal Description
Road Vacation
All of that 60 foot wide Public Way dedicated as a"public access easement"across Parcel 1 of Major
Partition No.MJP 81-6(Survey CS00675),lying south of the right-of-way of Wallin Road situated in
the East Half of the Northeast Quarter of the Southwest Quarter of Section 17,Township 15 South,
Range 11 East,Willamette Meridian,Deschutes County,Oregon
/—/3-zewq
ReGI 1t En
PROFESSIONAL
LAND SURVEY•r,
otitaoM ,r
JULY I It. !ow
PitnialICK A. Al t AL
ULU
4f#a Y s 12-5/-20/5—
re r 1'
c.'a U N $ W iiti.$ i n UI� i �,..,
' W
d • Oom . +l ` J gt
T `a
,717 7 /M ,.T7 ,// .00 s '1 *
NIO
iN
a
¢ `i
N- ---'a "„ k O
.„ 69%07x� `Q4 fF 77$' ,7f'/:f/ i
+ 0 ,iur w ,� w r Q o w Z
I1.4 t‘,,p'-'1":"4..7
0 `I ��� 1.r 4. 1. Mp par. ^, � .�i y W� ~
�� V ew M w �i1R `� •w.w ~ e v' ' � v a 4 y
y -2 M . ,. �ti ,/4,7070 /� ,F/ _0T' .0v N .,.ti r p.
W
�ts.,. .
N
ilb z►T4T�l yrH j
•
.q r_
t K
^ 0V:
li q wC W �y�w _ &if/ n k'“ittt
V4 l” y 01 ; 3 4.1- 11%t Zb. a kpirMcit
0� v x1 We y ti rn'to° a•
l0 .1;,- : % %g11At4" t k ! te"'' n€hwMKM
moo. z. 4 ev1.4 w4gWaM dl ti We a w h ;
-3 ,..,,,z.. !., oltt“*wl Ell, .:,; , .: ,
h(10 4 40.01:,...s,tM% A q hr L• �6
W ~ � ‘1 � � Y.7At�r�v! ti� 4 �dy LpiN crad ` ;;<r „ aMVar ,."
� �4e 1,144%0i4..w� „y#K'"IR 3- t 4?! 3 Ipil 1W Al t
N
ti °� � S, 041.1%y1'" ".4MVo."1 4 1 :1 S7 1-4- L "
q: 14t 04 Vt.o!vfal‘ii:,,k4*1! .4t104 7kiiqi Z ti 1 ' 1
° ow4 !IWO,�0,!W�:y;e��3 I 'POI 1111 W� : �,..
4
Z Q$ ±ic'$R a��y a� �E=r a 4��5�e s' $lq , :4 1 NV ." ; • Est
. 1 M V
C500675