2023-393-Order No. 2023-056 Recorded 12/27/2023REVIEWED
LEGAL CO SEL
Recorded in Deschutes County CJ2023-393
Steve Dennison, County Clerk
Commissioners' Journal 12/27/2023 10:24:37 AM
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
Water Pipeline and Access Easement and Gas
Pipeline and Access Easement Over Deschutes
County Owned Property Known as Map and Tax
Lot 171226AB00500, Bend, Oregon 97701
ORDER NO. 2023-056
WHEREAS, the Board of County Commissioners of Deschutes County has authorized granting a Water
Pipeline and Access Easement to Avion Water Company, Inc. and Gas Pipeline and Access Easement to
Cascade Natural Gas, corporation over County -owned property known as Map and Tax Lot 171226AB00500;
and
WHEREAS, private property owners, Danielle and Jason Wohlfehrt (Wohlfehrt) who currently own
Map and Tax Lot 171226AB00100, have requested Deschutes County to grant Water Pipeline and Access
Easement to Avion Water Company, Inc. and Gas Pipeline and Access Easement to Cascade Natural Gas,
corporation over County -owned property known as Map and Tax Lot; and
WHEREAS, Deschutes County agrees to grant said Easements; and
WHEREAS, upon the issuance of this Order, Deschutes County Property Management staff will finalize
the Water Pipeline and Access Easement with Avion Water Company, Inc. and Gas Pipeline and Access
Easement with Cascade Natural Gas, corporation for recording in the official records at the Deschutes County
Clerk's Office at the sole cost and expense of Wohlfehrt; 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 Water Pipeline and Access Easement to Avion Water Company, Inc. and Gas
Pipeline and Access Easement to Cascade Natural Gas, corporation over Deschutes County -owned property
known as Map and Tax Lot 171226AB00500.
PAGE 1 OF 2- ORDER No. 2023-056
Dated this apt--v of , 2023
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissio er
PAGE 2 OF 2- ORDER No. 2023-056
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: December 20, 2023
SUBJECT: Approval of a Water Pipeline and Access Easement to Avion Water Company, and
a Gas Pipeline and Access Easement to Cascade Natural Gas
RECOMMENDED MOTION:
Move approval of Board Signature of Order No. 2023-056 to authorize a Water Pipeline and
Access Easement to Avion Water Company and a Gas Pipeline and Access Easement to
Cascade Natural Gas near Eagle Road in Bend, and further authorizing the Deschutes
County Property Manager to execute the easements.
BACKGROUND AND POLICY IMPLICATIONS:
In 1976, Deschutes County acquired a 0.64-acre property by Bargain & Sale Deed for zero cost.
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.
In March 2023 the County authorized a Road and Access Easement over Tax Lot 00500 to two
adjacent property owners. Subsequently, one of the two adjacent property owners, Jason and
Danielle Wohlfehrt who own Map and Tax Lot 171226AB00100, are developing their parcel and
discovered that they do not have nearby water or natural gas connections.
The Wohlfehrt's have therefore requested the County grant a Water Pipeline and Access
Easement to Avion Water Company, Inc. and a Gas Pipeline and Access Easement to Cascade
Natural Gas, corporation over Tax Lot 00500.
BUDGET IMPACTS:
Wohlfehrt pays the expense of recording fees.
ATTENDANCE:
Kristie Bollinger, Property Manager
Emily Pyle, Property Specialist