2023-278-Order No. 2023-017 Recorded 9/11/2023Recorded in Deschutes County
Steve Dennison, County Clerk CJ2023-278
Commissioners, Journal 09/1 1 /2023 1:52:12 PM
44� II'III�I�I"II�I�I�II'III' 2023-278
Do not remove this age from original document.
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Deschutes County Clerk
Certificate Page
Deschutes County Official Records
REVIEWED Steve Dennison, County Clerk 2023-22616
LE AL COUNSEL �`-T\ _,.`„j IIIIIIIIII III IIIIIIIIIIIIIII IIIIIIIIIII IIIIIII)
01494482202300226160160162
D-V Cnt=1 Pgs=16 Stn=4 09/11/2023 01:59 PM
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 Schibel Road
in Deschutes County, Oregon
ORDER NO. 2023-017
WHEREAS, proceedings for vacating the portion of the right of way for Schibel 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 Schibel Road filing a petition, attached hereto
as Exhibit "C" and by this reference incorporated herein; 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 Schibel 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,
August 9, 2023, and continued to Wednesday, August 16, 2023, 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. 2023-017
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 � day of 2023
ATTEST:
Recording Secretary
Page 2 of 2 — ORDER NO. 2023-017
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
i
PATTI ADAIR, Vice Chair
PHIL CH NG, Commissioner
EXHIBIT A
SCHIBEL ROAD -VACATION
A STRIP OF LAND BEING 60.00 FEET WIDE, 30.00 FEET ON EACH SIDE OF CENTERLINE (WHEN
MEASURED AT RIGHT ANGLES) LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER (SE 1/4, SW 1/4, NW 1/4) AND THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER (NW 1/4, SW 1/4), ALL IN SECTION 5, TOWNSHIP 17 SOUTH, RANGE
12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, THE CENTERLINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHICH THE CENTER WEST ONE -SIXTEENTH CORNER OF SAID SECTION
5 BEARS NORTH 34`42'51" EAST, 51.73 FEET, THENCE NORTH 00`4351" WEST, 161.76 FEET; THENCE
SOUTH 88�32'18" WEST, 76.94 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A
300.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 16*54'371", AN ARC
LENGTH OF 88.54 FEET (THE CHORD OF WHICH BEARS SOUTH 80-05'00" WEST, 88.22 FEET); THENCE
SOUTH 71'37'41" WEST, 39.52 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A
110.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 65-21'54", AN ARC
LENGTH OF 125.49 FEET (THE CHORD OF WHICH BEARS NORTH 75-41'22" WEST, 118.80 FEET);
THENCE NORTH 43°00'25" WEST, 81.60 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC
OF A 140.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 80°07'12", AN ARC
LENGTH OF 195.77 FEET (THE CHORD OF WHICH BEARS NORTH 02°56'49" WEST, 180.21 FEET);
THENCE NORTH 37*06'47" EAST, 125.37 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC
OF A 300.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 27-17'49", AN ARC
LENGTH OF 142.93 FEET (THE CHORD OF WHICH BEARS NORTH 50-45'42" EAST, 141.58 FEET);
THENCE NORTH 64�24'36" EAST, 40.87 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC
OF A 150.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 48-27'11", AN ARC
LENGTH OF 126.85 FEET (THE CHORD OF WHICH BEARS NORTH 40-11'00" EAST, 123.10 FEET) TO A
POINT ON THE ONE-SIXTYFORTH LINE AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION, THE
SIDELINES ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID ONE-SIXTYFORTH LINE
AND AT THE SOUTH LINE OF TAX LOT 17120513001800.
TOGETHER WITH THE FOLLOWING DESCRIBED STRIP OF LAND BEING 60.00 FEET WIDE, 30.00 FEET
ON EACH SIDE OF CENTERLINE (WHEN MEASURED AT RIGHT ANGLES) WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH -SOUTH CENTERLINE OF THE NORTHWEST QUARTER OF SAID
SECTION 5 FROM WHICH THE CENTER WEST ONE -SIXTEENTH CORNER BEARS SOUTH 00`43'51" EAST,
536.04 FEET, THENCE NORTH 83-16'31" WEST, 147.04 FEET TO THE SIDELINE OF THE ABOVE
DESCRIBED STRIP OF LAND AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION, THE SIDELINES
ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID SIDELINE OF THE ABOVE DESCRIBED
STRIP OF LAND AND AT SAID NORTH -SOUTH CENTERLINE OF THE NORTHWEST QUARTER.
THIS LEGAL DESCRIPTION AND EXHIBIT MAP ARE BASED ON COUNTY SURVEY NO. 11789.
PROFESSIONAL
.1ULY' ISt, 1994
BRIAN' W: 'REEM
-3 j-
'EXHIBIT B' a
SCHIBEL ROAD &
VACATION W
LOCATED IN THE SW 1 /4, NW 1 /4 AND THE NW 1 /4, I m I
SW 1 /4 OF SECTION 5, T. 17 S., R. 12 E., W. M.
S-N 1 /64 LINE N89'58'42"W 795.52' , - ,102.86'
HOLLYHOCK 1994 LIVING TRUST
64245 SCHIBEL ROAD
TAX LOT 1712058001901
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Off/
�30
3p�
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SCALE 1 " = 100'
E-W CENTER 1/4 LINE
N6 tp 8�N83'16'31 "W
147.04'
PORTION OF SCHIBEL ROAD
/ TO BE VACATED
JEFF AND KATHY GATES
64227 SCHIBEL ROAD
TAX LOT 171205B001800
C1 54' S88'3 0 .%Al
'25Rol 25 49' S 9 52 _�-
10.00'
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c
CURVE
TABLE
CURVE
LENGTH
RADIUS
DELTA
BEARING
CHORD
C1
88.54'
300.00'
16'54'37"
S80'05'00"W
88.22'
C2
125.49'
110.00'
65'21'54"
N75'41'22"W
118.80'
C3
195.77'
140.00'
80'07'12"
NO2'56'49"W
180.21'
C4
142.93'
300.00'
27*17'49"
N50'45'42"E
141.58'
C5
126.85'
150.00'
1 48-27*11"
N40-11'00"E
123.10'
P.O.B. OF 60' WIDE -
EASEMENT BEARS
S34'42'51 "W, 51.73'
FROM CW 1/16 CORN
"j SCHIBEL
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CW 1 /16 CORNER
SECTION 5
T17S, R12E, W.M.
' REGISTERED
PROFESSIONAL
.+1i.3G9t'' 1�� 'I s�isi4
BRIAN W.
DATE
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: e. cA ed S c t v ve t,
Located in SQoJA-e- I jSA Rre�o( Deschutes County.
Reason for road vacation request:
DATED this, day of J LA L y , 20 22-
PRINT NAME SIGNATURE
/ ADDRESS CITY STATE ZIP
D ock t�V,�t.Lt �, e�0 qZq5 A, LcI 4770
Lp 5 �S 11 9a� 9 70-5
III L, k o k3LAr,y&P-,,
T1eusT
STATE OF OREGON )
County of Je c-kL,,A-e S j ss.
9?7v3
On this oN day of J-U L. , in the year 202 Z, before me, a Notary Public, personally appeared
cxy- I e vxe 1,,e-ed�^ R�, V\- I it-,, 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.
WITNES my hand and offs ' I seal
OFFICIAL STAMP Nota lic for Ore on.
TINA MARIE MORRIS 9
NOTARY PUBLIC-OREGON My Commission expires: �f "QK1U�
COMMIMON NO. 996354
MY MISSION EXPIRES JANUARY 28, 2024
STATE OF OREGON )
County of 2 C am )
On thiAL
day of , _y \ , in the year 20�, before me, a Notary Public, personally appeared
- Pr- 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
instru they) executed it.
TINA MARIE MORRIS WITNES4 my hand nd officeal
NOTARY PUBLIC-OREGON
' COMMISSION NO.9V)354 Nota p blic for or on.
MYCOMMISSION EXPIRES JANUARY 28, 2pT4A04
A My Commission expires:
STATE OF OREGON )
County of } as.
On this (�a'day of �,�U , in the year 20-Q2, before me, a Notary Public, personally appeared
i� a r 1 cv g. L 1A e A R c r"� t C personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose names) is(are) subscribed to this
I (she, they) executed it.
TINA MARIE MORRIS WITNES my hand nd offrcl
NOTARY PUBLIC-OREGON �6' COMMISSION NO.996354 Not bGc for O
MY COMMISSION EXPIRES JANUARY 2s, 2o24 won.
My Commission expires:
STATE OF OREGON l
Of l ss.
On this , In the year 20_ .before me, a Notary Public, n3onall appeared
ppeared
me on the basis of sav ory evidence) to be the personally kn n to me (or proved to
instrument, and acknowledd at he (she, they) executeds)it whose name(s) is( subscribed to this
WITNESS my hand and offic' seal
I CERTIFY THAT THIS IS THE TRUE AND
Notary Public for
ADDRESS
TELEPHONE:
TED BY ME.
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: `See attached
Located in , Deschutes County.
Reason for road vacation request: See attached
DATED this .) 0/ day of iiA 20aa .
PRINT NAME SIGNATURE
Kathryn Gates, Trustee
Jeffrey Gates, Trustee
STATE OF OREGON
ss.
County of
ADDRESS CITY STATE ZIP
Tudite— 64227 Schibel Rd, Bend, OR 97703
Tex%64227 Schibel Rd, Bend, OR 97703
On this day of in the year 20efore me, a Notary Public, personally appeared
Kathryn Gates, Trustee of the Jeffrey & Kathryn Gates Rev LIV Trust, personally known to me (or
proved to me on the basis of satisfactory evidence) to s) whose name(s) is(are) subscribed to
this instrument, and acknowledged that he (she, it.
N _ al
~~ !Al SrAAW
Kt�ee�!'f� MpREE CLAY Notary Public for Oregon.
NOTARYPUEftNO 1, My Commission expires: I
COMMISS�(7N
MY CptiAMtSS1At`t EXPIRES FEgpUApY 2 ?02S
STATE OF OREGON )
ss.
County of De�t. ke& )
On this day of C . )cd ul , in the year 20 2before me, a Notary Public, personally appeared
Jeffrey Gates, Trustee of the _Jeffrey & Kathryn Gates Rev LIV Trust,_ personally known to me (or
proved to me on the basis of satisfactory evidence) to be ererson(s) whose name(s) is(are) subscribed to
this instrument, and acknow t he (she, t a executed i .
pF�rcrac $�"/' icial seal
KAT1E MNVF. CLAY
NOTARY PUBt tt.•OREQ01�1
GOmmtsSION NO 1021000 Notary u i
i�YC01uMra*NEXPtRESFEt3r�WY2 2= My Commission expires: a 1 Dco
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
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 PETITION CIRCULATED BY ME.
GNA RE
6 Vaa7 ..ddkAfA�'
ADDRESS
TELEPHONE: f-3L/ SJs=gr ,000
Reason for Vacating the southern portion of Schibel Rd
1-Invalid Dedication due to Restrictions and Reservations -
Septic was installed & permitted by Deschutes County in 1980, repaired and permitted by
Deschutes County in 1991.
The Deed of Dedication was accepted in 1994 by Deschutes County. The 60foot width
encroaches upon the septic system, that was approved by Deschutes County.
2-Reduces property values of the 3 tax lots requesting this Vacation, which is 75% of the owners.
3-Decades old trees and landscaping would be lost.
4-Since 1994, the county has never used, improved, nor plowed this road to our knowledge. Not once
that we know of has the county plowed the snow, during the major snowstorms of 2017 & 2019.
5-The southern portion of the road that is requested to be vacated has not been used by the general
public and has only been used as access and a driveway for tax lots 1,80 and 1901.
6-Traffic will increase, and no traffic study has been done that we know of.
7-Safety of the young children living on Schibel Road is a concern of the parents and neighbors
8-It is not in the General Public's best interest.
9-Induced to sign the dedication under false pretenses. We were told we could remove the southern
portion of the dedication with a "single item deletion"
10-Tax lot 100 to the south will not suffer loss of access as the site address of 64145 Old Bend Redmond
Hwy is permitted, approved and installed.
Wb, the undWsigned, aro the owners of Tax Lot 171205MIS01 in Deschutes County, Oregon,
The proposed road vacation of a portion of Schbel Road will deprive ua of access to a public
road necessary for the exercise of our recorded poperty, right.
Aotg to Oregon Revised Statutes 368.331:
968 33f t 0192Hwi out use of vacatlooi proceoa kVs to affmkmte i r P, m a 41. A coun4y govemirg
body sh&N not v public kn* raider ORS 388328 to 368.388 if the vecahm mwN daprtve
an o *mrof a remded ptuperty d ght of access necessary for the exerdse of that p►operty right
ttnl m the cm* goveaft body has the content of die owner.
We hereby give the Board of County Commissioners of Deschutes County, Oregon consent to
WNW with the proposed road vacation of a portion of SOW Road.
DATED this �a_ day of _'� *,bc u Ar Y 20A .
Marlene S VMteeler, Owner as Trustee T A ennie, Owner
Hd"x* 1994 Living Truss,
STATE OF6�Is1-'�''c�`�tPi
County }
The fwo oing instrument admowiedged before fne by Marlene S. Wheeler
this a_ day of 'IT- r Q*"F + , 20SR3.
r ems+ �»....
NotaryPub k-kbm
�co� NOTARY PUBLIC FOR�S0401 5� 1-�t �
Comb" r aura L
qvily �,,,.r'; AM1ri.US MY COMMISSION EXPIRES: _O$/1iL
STATE O�� �q y
County "eeeh
The instrument was acknowledged bekwe me by Terry A. Rennie
Oft - s-aV day of Zb4nj Vkf%
AUDW M~ NOTARY PUBLIC F R VP—
owl MY COMMISSION EXPIRES: _ D
ES
CMG
2�
AD DEPARTMENT
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer/Assistant Road Department Director
DATE: July 14, 2023
SUBJECT: Road Official's Report
Vacation of a Portion of Schibel Road in Section 05, Township 175, Range 12E, W.M.
Background:
Deschutes County Road Department has received a petition to vacate a portion of Schibel Road in Section OS of
Township 17S, Range 12E, W.M.. The Petitioners, who are owners of abutting or underlying property to the
proposed vacation area, are:
Jeffrey and Kathryn Gates, owners of Tax Lot 1800 on Assessor's Map 17-12-05B (Chief Petitioner);
Marlene Wheeler Rennie, owner of Tax Lot 1901 and joint owner of Tax Lot 1400 on Assessor's Map 17-
12-05B; and
• Terry A. Rennie, joint owner of Tax Lot 1400 on Assessor's Map 17-12-05B.
The following individuals are owners of abutting or underlying property to the proposed vacation area who are
not Petitioners to the proposed vacation:
• Carl Elwyn Owens III, owner of Tax Lot 1900 on Assessor's Map 17-12-05B; and
• John Kevin O'Leary, owner of Tax Lot 100 on Assessor's Map 17-12-05C.
Schibel Road is a local access road that is not maintained by Deschutes County. From Old Bend Redmond
Highway, Schibel Road proceeds west; approximately 1,240 ft. west of Old Bend Redmond Highway (within
the boundaries of Tax Lot 1800), Schibel Road branches into two alignments, one alignement bearing north
and one alignement bearing southwest. The northerly alignment across Tax Lot 1800 presently does not
coincide with the established right of way. The subject right of way proposed for vacation includes the entirety
of the right of way lying within the boundaries of Tax Lots 1800 and 1901, which includes the intersection of
the two aforemention alignments and the southwest alignment. The owners of Tax Lot 1800 have agreed to
dedicate a new public right of way across their property to coincide with the existing as -travelled alignment of
Schibel Road for the north alignment. The subject right of way proposed for vacation is 60 feet wide and was
Page 1 of 5
created by dedication deed recorded at the Deschutes County Clerk's Office as Deed No. 1994-46818. Most
of the length of Schibel Road within the proposed vacation is paved at varrying widths; Road Department staff
understand that the road improvements were funded and constructed by current or previous owners of the
underlying properties and that the improvements were not funded by the County. There are presently public
utilities within the proposed vacation area consisting of facilities owned and operated by Central Electric
Cooperative.
Page 2 of 5
Figure — Aerial Photo of Proposed Vacation Area
The Petitioners provided the following reasons (in bold italics) for the proposed vacation; Road Department
staff responses to the reasons provided by the Petitioners are also given below:
1. Invalid Dedication due to Restrictions and Reservations —Septic was installed & permitted by
Deschutes County in 1980, repaired and permitted by Deschutes County in 1991. The Deed of
Dedication was accepted in 1994 by Deschutes County. The 60 foot width encroaches upon the septic
system that was approved by Deschutes County. Road Department staff assert that the dedication of
the subject portion of Schibel Road was valid, as Deed No. 1994-46818 includes valid offer of the
dedication by the owners of the underlying property at the time of dedication and acceptance by the
County governing body at the time of dedication. Based on a review of Community Development
Department property records for Tax Lot 1800 on Assessor's Map 17-12-05B, it does appear that a
portion of the disposal field and reserve area for the subject property's onsite wastewater system may
exist within the proposed vacation area. Additionally, an outbuilding and a portion of a livestock corral
also appear to exist within the proposed vacation area. Road Department staff note that, while this
situation encumbers both the public right of way and the underlying property, it does not invalidate
the public road dedication.
2. Reduces property values of the 3 tax lots requesting this Vacation, which is 75% of the owners. Road
Department staff will not address this statement as it is not verifiable or indicative of a necessity to
vacate the public's interest in a property.
3. Decades old trees and landscaping would be lost. Road Department staff will not address this
statement as it is not verifiable or indicative of a necessity to vacate the public's interest in a property.
4. Since 1994, the county has never used, improved, nor plowed this road to our knowledge. Not once
that we know of has the county plowed the snow during the major snowstorms of 2017 & 2019. Road
Department records indicate that no County -funded maintenace or improvement of the subject
portion of Schibel Road has ever occurred; however, Road Department staff note that County -funded
maintenance of a local access road is forbidden under state law and that absence of County -funded
maintenance is not indicative of a necessity to vacate the public's interest in a property.
S. The southern portion of the road that is requested to be vacated has not been used by the general
public and has only been used as access and a driveway for tax lots 1800 and 1901.John Kevin O'Leary,
owner of Tax Lot 100 on Assessor's Map 17-12-05C, has indicated to Road Department staff that he has
interest in using it for future access. Nonetheless, Road Department staff believe that, generally, the
subject right of way has only been used to access Tax Lots 1800 and 1901 as indicated by the
Petitioners. The primary access to Tax Lot 100 on Assessor's Map 17-12-05C is from Old Bend Redmond
Highway.
6. Traffic will increase, and no traffic study has been done that we know of. Road Department staff will
not address this statement as it is not verifiable or indicative of a necessity to vacate the public's
interest in a property.
Page 3 of 5
Z Safety of the young children living on Schibel Road is a concern of the parents and neighbors. Road
Department staff will not address this statement as it is not verifiable or indicative of a necessity to
vacate the public's interest in a property.
8. It is not in the General Public's best interest. The Board of County Commissioners will make this
determination.
9. Induced to sign dedication under false pretenses. We were told we could remove the southern
portion of the dedication with a "single item deletion. Current Road Department staff have no
knowledge of the requirements or circumstances under which the subject right of way was dedicated
in 1994. Road Department staff note that Jeffrey and Kathryn Gates, Chief Petitioners and owners of
Tax Lot 1800 on Assessor's Map 17-12-05B, were partial grantors for the 1994 dedication deed.
10. Tax lot 100 to the south will not suffer loss of access as the site address of 64145 Old Bend Redmond
Hwy is permitted, approved and installed. As indicated above, the primary access to Tax Lot 100 on
Assessor's Map 17-12-05C is from Old Bend Redmond Highway.
A review of Assessor's Tax Map 17-12-05B indicates that the proposed vacation would effectively landlock Tax
Lot 1901, potentially depriving the owners of that property of access necessary for the exercise of their
property right. In regards to this matter, Road Department staff note that the submitted petition included a
loss of access consent form signed by the property owners.
The Petitioners submitted completed service provider consent forms from those providers serving within or
adjacent to the proposed vacation area; those service providers and their responses are listed below:
• Avion Water Comoanv, Inc.
o Representative: Mike Heffernan, Engineering Department
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 ROW Specialist
o Service provider does have existing facilities within the area proposed for vacation
o Service provider consents to the proposed vacation but requests that an easement for utilities
be granted within the proposed vacation area. Service provider emailed Road Department
staff on June 12, 2023 indicating that easement documents had been secured and that their
organization was supportive of the proposed vacation.
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 proposed vacation area was dedicated to the public by dedication deed recorded at the Deschutes
County Clerk's Office as Deed No. 1994-46818 (ORS 368.326).
• Owners of a recorded property right that would potentially be deprived of access necessary for the exercise
of that property right with the proposed vacation have consented to the proposed vacation (ORS 368.331).
Page 4of5
• The Petitioners, who represent the owners of more than sixty (60) percent of property abutting the subject
right of way, have submitted complete petitions and submitted the required fee (ORS 368.341(1)(c); ORS
368.341(3); ORS 368.341(4); ORS368.351).
• 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 necessary for current or future public use.
• The subject right of way appears to coincide with onsite wastewater system components, an outbuilding,
and other private property improvements for Tax Lot 1800 on Assessor's Map 17-12-05B.
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
proposed vacation with adoption of Order No. 2023-017 subject to the following conditions:
1. Prior to vacation of the subject right of way, the owners of Tax Lot 1800 on Assessor's Map 17-12-05B
shall execute a dedication deed to coincide with the existing as -travelled north alignment of Schibel
Road.
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.
Page 5 of 5
JoN�3-r Es coG2-A
BOARD OF
COMMISSIONERS
MEETING DATE: September 6, 2023
SUBJECT: Approval of Board Order No. 2023-017, vacating a portion of Schibel Road
RECOMMENDED MOTION:
Move approval of Board Signature of Order No. 2023-017.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County Road Department received a petition to vacate a portion of Schibel
Road in Section 05 of Township 17S, Range 12E, W.M. As the petition for vacation did not
include acknowledged signatures of owners of 100 percent of property abutting the
proposed vacation area, a public hearing was held regarding the matter on August 9, 2023,
and the hearing was continued to August 16, 2023.
On August 23, 2023, the Board of County Commissioners deliberated on the matter and
determined that the proposed vacation was in the public interest subject to a right of way
dedication by the owners of Tax Lot 171205B001800 for the as -travelled northerly
alignment of Schibel Road. The owners of Tax Lot 171205B001800 have executed and
submitted an acceptable right of way dedication deed that the Board will consider
concurrently with Order No. 2023-017.
Adoption of Order No. 2023-017 will vacate the portion of Schibel Road described in the
order, vesting the subject property 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 Road Department Director