2022-393-Order No. 2022-042 Recorded 10/13/2022Recorded in Deschutes County CJ2022®393
Steve Dennison, County Clerk
Commissioners' Journal 10/13/2022 12:24:09 PM
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Deschutes County Clerk
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Deschutes County Official Records
Steve Dennison, County Clerk 2022-37483
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This is a no fee document NO FEE
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of Fryrear Road
in Deschutes County, Oregon
ORDER NO. 2022-042
WHEREAS, proceedings for vacating the portion of the right of way for Fryrear Road
described in Exhibit "A" and depicted in Exhibit "B", attached hereto and by this reference
incorporated herein, were initiated by the Board of County Commissioners pursuant to ORS 368.341
upon the owners of property abutting said portion of Fryrear Road filing a petition, attached hereto
as Exhibit "C" and by this reference incorporated herein, and upon adoption of Resolution No. 2022-
057; and
WHEREAS, said petition contains the acknowledged signatures of owners of more than
sixty percent of property abutting said portion of the right of way for Fryrear Road and indicates said
owners' approval of vacation; and
WHEREAS, upon request by the Board of County Commissioners, the County Engineer, on
behalf of the County Road Official, has prepared and filed with the Board a written report, attached
hereto as Exhibit "D" and by this reference incorporated herein, concerning the proposed vacation
pursuant to ORS 368.346(1); and
WHEREAS, said report contains the County Engineer's assessment that the proposed
vacation is in the public interest; and
WHEREAS, a hearing before the Board of County Commissioners was held on Wednesday,
October 5, 2022, in the Barnes and Sawyer Rooms of the Deschutes County Services Center, 1300
NW Wall Street, Bend, Oregon 97701, for consideration of the matter; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That vacation of the property described in the attached Exhibit "A" and
depicted in the attached Exhibit "B" is in the public interest.
Section 2. That the property described in the attached Exhibit "A" and depicted in the
attached Exhibit "B" is hereby vacated.
Section 3. That the property vacated in Section 2 herein shall vest with the rightful
owner or owners holding title according to law in accordance with ORS 368.366(1)(c).
Section 4. That the Deschutes County Surveyor is directed to mark the plat as provided
in ORS 271.230.
Page 1 of 2 — ORDER NO. 2022-042
Section 5. That this Order shall be recorded with the Deschutes County Clerk, and that
copies shall be filed with the Deschutes County Surveyor and County Assessor.
Dated this
ATTEST:
day of ftObt- ", 2022
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAT I ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHIL CHANG, Commissioner
Page 2 of 2 — ORDER NO. 2022-042
EXHIBIT A
ff' F. Fryrear Road Vacation
All of that certain right-of-way of the W.F. Fryrear Road established by Deschutes County in
1921 lying within the Northeast One -Quarter of the Northeast One -Quarter (NE1/4 NE1/4) and
the Southeast One -Quarter of the Northeast One -Quarter (SEl/4 NE1/4) of Section 20, Township
15 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon.
See attached Exhibit B, entitled "W.F. Fryrear Road Vacation", which is made a part hereof.
REGISTERED
OREGON
MARCH 11, 2014
�80548PLSCHRISTOPHER R. MUNSON
RENEWS: iZ�31/>21—
IMEMunson & Associates
civil engineers I land surveyors
EXHIBIT B
W.F. FRYREAR ROAD VACATION
LOCATED IN A PORTION OF THE NE1/4 NE1/4 AND THE SE1/4 NE1/4
OF SECTION 20, TOWNSHIP 15 SOUTH, RANGE 11 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
SECTION 17 1 SECTION 16
SECTION 20 Y SECTION 21
RIGHT-OF-WAY TO BE VACATED
NW1/4 NE1/4 I NE1/4 NE1/4
NW1/4
I...__ W.F. FRYREAR ROAD, 1921
(60' RIGHT-OF-WAY)
SW1/4 NE1/4 SE1/4 NE1/4
RIGHT-OF-WAY TO BE VACATED
NE1/4 SE1/4
PREPARED BY:
MBA
Munson & Associates
civil engineers I land surveyors
845 NORTHEAST 11TH STREET
BEND, OREGON 97701
i
SW1/4
N
SCALE: 1 "= 500'
DATE: 6/27/2022
W.O.#: 21-019
REGISTERED
PROFESSIONAL
LAND SURVEYOR
L"'JV L
OREGON
MARCH 11, 2014
CHRISTOPHER R. MUNSON
80548PLS
RENEWS: 12/31 /2022
ORDER 2022-042
EXHIBIT "C"
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:
All of that certain right-of-way of the W.F. Fryrear Road established by Deschutes County in 1921 lying within
the Northeast One -Quarter of the Northeast One -Quarter (NE1/4 NE1/4) and the Southeast One -Quarter of
the Northeast One -Quarter (SE1/4 NE1/4) of Section 20, Township 15 South, Range 11 East, Willamette
Meridian, Deschutes County, Oregon.
Reason for road vacation request:
Road was never built or used within right-of-way petitioned to be vacated. Fryrear Road as currently built and
used lies entirely within a separate right-of-way outside the area petitioned to be vacated.
DATED this day of % , 20 2- 2- .
PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP
7" _%
STATE OF OREGON
I 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.
WIr
ESS my and and official seal
otary Public for 0465 .
OFFICIALSTAMP
My Commission expire
Nr oo SEAN ANDREW KIRBY
NOTARY PUBLIC - OREGON
COMMISSION NO. 1012907
' MY COMMISSION EXPIRES JUNE 07, 2025
ORDER 2022-042
EXHIBIT "C"
STATE OF OREGON
FS*]
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
STATE OF OREGON
ss.
County of
Notary Public for Oregon.
My Commission expires:.
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
STATE OF OREGON
ss.
County of
Notary Public for Oregon.
My Commission expires:
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 PETIT7,�CIRC LATED BY ME.
f r
SIGNATURE
ADDRESS
TELEPHONE: ` ,q (' 511F __ 11f V
EXHIBIT "D"
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer
DATE: August 17, 2022
SUBJECT: Road Official's Report
Vacation of a Portion of Fryrear Road Rd in Section 20, Township 15S, Range 11E, W.M.
Background:
Deschutes County Road Department has received a petition to vacate an unused portion of the public right of way
for Fryrear Road (also identified as "W.F. Fryrear Road" and "the Fryrear Road" in certain public records). Chief
Petitioner for the proposed vacation is Eric H. Vetterlein, General Partner, on behalf of Desert Springs Ranch
Limited Partnership, owner of Tax Lots 2800 and 2801 on Assessor's Map 15-11-00.
The subject right of way, which is described and depicted in proposed Order No. 2022-042, Exhibits "A" and
"B", was established on March 14, 1921 by Deschutes County order recorded as Deschutes County
Commissioners Journal Volume 1, Pages 341 and 342, which established a 60-foot wide right of way.
The subject right of way exists across land owned by Desert Springs Ranch Limited Partnership, and portions
of the right of way abut federal land managed by the Bureau of Land Management, Prineville District (BLM).
No road improvements, utilities, or other improvements existing within the proposed vacation area. The as -
constructed Fryrear Road exists to the east of the proposed vacation area across BLM-managed federal lands
within a separate right of way granted under BLM Grant No. OR 51362, issued circa December 7, 1995. The
BLM is not a petitioner for the proposed vacation.
The Petitioner provided the following reason for the proposed vacation:
"Road was never built or used within right-of-way petitioned to be vacated. Fryrear Road as currently built
and used lies entirely within a separate right-of-way outside the area petitioned to be vacated."
EXHIBIT "D" - Page 1 of 3
Figure —Aerial Photo of Proposed Vacation Area
The Petitioners submitted completed service provider consent forms from the all service providers within the
proposed vacation area; those service providers and their responses are listed below:
Three Sisters Irrigation District
o Representative: Marc Thalacker, Manager
o Service provider does not have existing facilities within the area proposed for vacation
o Service provider consents to the proposed vacation
• Central Electric Cooperative
o Representative: Parneli Perkins, Land and Right of Way Specialist
o Service provider does not have existing facilities within the area proposed for vacation
o Service provider consents to the proposed vacation
EXHIBIT "D" - Page 2 of 3
Findings:
Based upon the submitted petition materials, responses to service provider notices, and the Road
Department's research of the subject right of way, the Road Department makes the following findings:
• The subject right of way was established by Deschutes County order in 1921 (Deschutes County
Commisioner's Journal Volume 1, Pages 341 and 342) (ORS 368.326).
• No owners of a recorded property right would be deprived of access necessary for the exercise of their
property right with the proposed vacation if implemented (ORS 368.331).
• The petitioners, who represent the owners of more than 60 percent of property abutting the subject right
of way, have submitted a complete petition and submitted the required fee (ORS 368.341(1)(c); ORS
368.341(3); ORS 368.341(4); ORS368.351).
• The subject right of way does not contain public utilities or existing public road improvements.
• As the petition for vacation does not include acknowledged signatures of owners of 100 percent of
property abutting the proposed vacation area, the vacation proceedings are subject to a public hearing
(ORS 368.346).
• The subject right of way does not appear to be needed for current or future public use.
Recommendation:
Based on the above findings, the Road Department has determined that the proposed vacation is in the
public interest. The Road Department recommends that the Board of County Commissioners approve the
vacation of an unused portion of the right of way of Fryrear Road as described in proposed Order No. 2022-
042 subject to the following conditions:
1. No opposition to the vacation is reported to the County prior to vacation order presentation to the
Board of County Commissioners or during the required public hearing.
2. The vacated property shall vest with the rightful owner or owners holding title according to law in
accordance with ORS 368.366(1)(c).
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of county property.
EXHIBIT "D" - Page 3 of 3
�vTES CO
BOAR® OF
i COMMISSIONERS
MEETING DATE: October 5, 2022
SUBJECT: PUBLIC HEARING - Consideration of Order No. 2022-042, Vacating a Portion of
Fryrear Road
RECOMMENDED MOTION:
Move approval of Order No. 2022-042.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate an unused portion of
the public right of way for Fryrear Road (also identified as "W.F. Fryrear Road" and "the
Fryrear Road" in certain public records). Chief Petitioner for the proposed vacation is Eric
H. Vetterlein, General Partner, on behalf of Desert Springs Ranch Limited Partnership,
owner of Tax Lots 2800 and 2801 on Assessor's Map 15-11-00.
The subject right of way, which is described and depicted in proposed Order No. 2022-042,
Exhibits "A" and "B", was established on March 14, 1921 by Deschutes County order
recorded as Deschutes County Commissioners journal Volume 1, Pages 341 and 342, which
established a 60-foot wide right of way.
The subject right of way exists across land owned by Desert Springs Ranch Limited
Partnership, and portions of the right of way abut federal land managed by the Bureau of
Land Management, Prineville District (BLM). No road improvements, utilities, or other
improvements existing within the proposed vacation area. The as -constructed Fryrear
Road exists to the east of the proposed vacation area across BLM-managed federal lands
within a separate right of way granted under BLM Grant No. OR 51362, issued circa
December 7, 1995. The BLM is not a petitioner for the proposed vacation.
A public hearing will be held to allow interested parties to provide testimony regarding the
proposed vacation. Upon conclusion of the public hearing, the Board of Commissioners
will be asked to consider adoption of Order No. 2022-042, which would vacate the subject
right of way, vesting it with the rightful owners holding title according to law pursuant to
ORS 368.366(1)(c).
BUDGET IMPACTS:
None.
ATTENDANCE:
Cody Smith, County Engineer/Assistant Director, Road Department