2023-85-Order No. 2023-010 Recorded 3/13/2023REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County CJ2023-85
Steve Dennison, County Clerk
Commissioners' Journal 03/13/2023 8:05:59 AM
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2023-85
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Designating the Deschutes County
Property Manager, Kristie Bollinger as the
Deschutes County Representative to Execute a
Road and Access Easement Over Deschutes
County Owned Property Known as Map and Tax
Lot 171226AB00500 to Benefit Adjacent Map
and Tax Lots 171226AB00100, 171226AB00300
and 171226AB00400, Bend, Oregon 97701
* ORDER NO. 2023-010
WHEREAS, the Board of County Commissioners of Deschutes County has authorized granting a Road
and Access Easement over County -owned property known as Map and Tax Lot 171226AB00500 to benefit
adjacent private properties known as Map and Tax Lots 171226AB00100, 171226AB00300 and
171226AB00400; and
WHEREAS, private property owners, Danielle and Jason Wohlfehrt (Wohlfehrt) who currently own
Map and Tax Lot 171226AB00100 and Rosengarth Investments LLC (Rosengarth) who currently owns Map
and Tax Lots 171226AB00300 and 171226AB00400, have requested Deschutes County to grant a perpetual
Road and Access Easement over County -owned property known as Map and Tax Lot 171226AB00500 for the
purpose of ingress/egress and road maintenance; and
WHEREAS, Deschutes County agrees to grant said Easement in exchange for Wohlfehrt and
Rosengarth completing road maintenance at their sole cost and expense to maintain the County -owned property
known as Map and Tax Lot 171226AB00500; and
WHEREAS, upon the issuance of this Order, Deschutes County Property Management staff will finalize
the Road and Access Easement for recording in the official records at the Deschutes County Clerk's Office at
the sole cost and expense of Wohlfehrt and Rosengarth; now, THEREFORE,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Deschutes County Property Manager, Kristie Bollinger is designated as the Deschutes
County representative to execute a Road and Access Easement over Deschutes County -owned property known
as Map and Tax Lot 171226AB00500 to benefit adjacent private properties known as Map and Tax Lots
171226AB00100, 171226AB00300 and 171226AB00400.
PAGE, 1 OF 2- ORDER No. 2023-010
Dated this 3 of A6q& , , 2023
ATTEST:
&My\l0k -�I� 7L�,Aa
Recording Secretary
PAGE 2 OF 2- ORDER NO.2023-010
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
AN HONY DEBONE, Chair
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PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
oyC�VTESCo6 DESCHUTES COUNTY VICINTY MAP N
Maptax # 171226AB00500
0.64-acres
Created: 2/28/2023
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BOAR® OF
COMMISSIONERS
MEETING DATE: March 8, 2023
SUBJECT: Road and Access Easement over County -owned property near Eagle Road in
Bend
RECOMMENDED MOTION:
Move approval of Board Signature of Order No. 2023-010 to authorize a Road and Access
Easement near Eagle Road in Bend, and to authorize the Deschutes County Property
Manager to execute the Road and Access Easement
BACKGROUND AND POLICY IMPLICATIONS:
In 1976, Deschutes County acquired a 0.64-acre property by Bargain & Sale Deed for zero
consideration. The property is located just east of Eagle Road, Bend, and currently serves as
access to roughly four adjacent privately owned parcels. The property known as Map and Tax
Lot 171226AB00500 has a Real Market Value of zero as determined by the Deschutes County
Assessor's Office.
It appears that the intent of the grantor in the 1976 transaction was to dedicate the property
to public road right-of-way, but it has remained in the County's real property inventory since
that time. Because the access road does not meet road standards, the Road Department
confirmed it is unable to recommend a dedication to public right-of-way. Therefore, the
property should remain in the County's real property inventory until such time the area is
annexed into the City of Bend and a possible dedication to public right-of-way can be
considered at that time.
Two adjacent property owners, Jason and Danielle Wohlfehrt who own Map and Tax Lot
171226AB00100, and Rosengarth Investments, LLC who own Map and Tax Lots
171226AB00300 and 171226AB00400 have requested a Road and Access Easement over the
County -owned property. Though the County -owned property is currently used for access, no
previously access easements could be located, which is now prompting granting legal access.
In exchange for the Road and Access Easement, Wohlfehrt and Rosengarth agree to maintain
the access road at their sole cost and expense and pay for recording fees associated with the
transaction.
BUDGET IMPACTS:
None.
ATTENDANCE:
Kristie Bollinger, Property Manager