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2024-22-Order No. 2024-002 Recorded 1/19/2024Recorded in Deschutes County CJ2024-22 Steve Dennison, County Clerk Commissioners' Journal 01 /19/2024 3:1 1 :39 PM ar!`1`�J��(�� II'II��III"II'I'll�lllll �II 2024-22 Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Official Records Steve Dennison, County Clerk 2024-01509 RE IEWED � ^\' l'< IIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII�IIIIII�IIIIII 01506957202400015090330334 LEGAL COUNSEL D-V Cnt=1 Pgs=33 Stn=4 01/19/2024 03:00 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 Sage Ranch ORDER NO. 2024-002 Road (Jaqua Road) in Deschutes County, Oregon WHEREAS, proceedings for vacating the public right of way for a portion of Sage Ranch Road, which is also identified as Jaqua Road in official records, 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 Sage Ranch 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 one hundred percent of property abutting said portion of the right of way for Sage Ranch Road and indicates said owners' approval of vacation; and WHEREAS, the County Engineer, on behalf of the County Road Official, has prepared and filed with the Board of County Commissioners 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; 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 this Order shall be recorded in the Official Records with the Deschutes County Clerk, and that copies shall be filed with the Deschutes County Surveyor and County Assessor. Page 1 of 2 - ORDER NO. 2024-002 Dated this I rday of ° , 2024. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON P TTI ADAIR, Chair ATTEST: A THONY DEBONE, Vice Chair Recording Secretary PHIL CIqANG, Com issioner Page 2 of 2 — ORDER NO. 2024-002 ORDER NO. 2024-002 EXHIBIT A Sun Country Engineering & Surveyin Inc. 920 SE Armour Drive Bend, OR 97702 (541 382-8882 ROAD VACATION LEGAL DESCRIPTION ALL OF JAQUA ROAD, AS SHOWN ON PARTITION PLAT 1991-54, FILED AS SURVEY CSO4829, DESCHUTES COUNTY SURVEY RECORDS, AND RECORDED AS DOCUMENT NO. 1991-24941, ON AUGUST 26, 1991, DESCHUTES COUNTY OFFICIAL RECORDS, SAID PARTITION PLAT LYING IN SECTIONS 26, 27, 34 AND 35, TOWNSHIP 15 SOUTH, RANGE 11 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, AND SAID ROAD LYING IN THE SOUTHEAST ONE - QUARTER OF SAID SECTION 27 AND THE NORTHEAST ONE -QUARTER OF SAID SECTION 34. WORK ORDER # 10243 October 5, 2023 . REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 15, 1087 DANIEL T. BURTON #2248 RENEWS 12/31/2023 Exhibit r (� Page _ / of PAGE 1 OF 1 m ORDER NO. 2024-002 EXHIBIT B ROAD VACATION EXHIBIT JAQUA ROAD AS DEDICATED ON PARTITION PLAT 1991-54 LOCATED IN THE SE 1/4 OF SECTION 27 AND THE NE 1/4 OF SECTION 34 TOWNSHIP 15 SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON 11- co - PREPARED BY: N N SUN COUNTRY ENGINEERING Z Z do SURVEYING, INC. O O 920 SE ARMOUR RD BEND. OR 97702 W (541) 382-8882 Ill ct) cn (TAX LOT 5901 MAP 151100) PARCEL 3 PP 1991-54 I E LA 0. 60'QR/W AUA SAD UEUIGAT EU ON 0 800 PARTITION PLAT W01 10243 1991-54 DATE. 811912J (TAX LOT 5900 MAP 151100) PARCEL 2 PP 1991-54 JAQUA ROAD 60' R/W AS DEDICATED ON SECTION 27 PARTITION PLAT SECTION 26 SECTION 34 1991-54 SECTION 35 Rczs�n (TAX LOT 5902 LANDFESSIONAL SURVEYOR MAP 151100) J PARCEL 1 PP 1991-54 OREGON JANUMY 15. 1087 DAN1EL T. BURTON 2248 RENEWS 12/31 /23 PAGE 1 OF 1 Page —Zop A ORDER NO.2024-002 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: Jaqua Road and related right of way Public Segment of Sage Ranch Road also known as Located in T 15 S, R 11 E, Secs. 26, 27, 34, 35 , Deschutes County. Reason for road vacation request: Parcel Consolidation resulting in no need for public road, public interest in wildlife habitat and open space conservation DATED this PRINT NAME Sage Dorsey Lynne Dorsey day of 2023 SIGNATURE ADDRESS 67200 Sage Ranch Rd r 67200 Sage Ranch Rd tali — STATE OF OREGON ) ss. County of ®FSC) CITY STATE ZIP Bend, OR 97703 Bend, OR 97703 On this day of Sw✓�c in the year 20 , before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory idence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it, WI N SS my hand nd offi ' 1 seal OFFICIAL STAMP tary Publi or Oregon. UNDSAY ERIN SMYTHE My Commission expires: X u e T2.ozu r' NOTARY PUBLIC-OREGON COMMISSION NO. 1024641 MY COMMISSION EXPIRES JUNE 7 2026 PAGE 1 OF 2 ORDER NO. 2024-002 EXHIBIT C STATE OF OREGON ss. On this day of in the year 202LIL5o, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory ev dence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. W TN S my han and offi ' I seal OFFICW STAMP otary Pub)'Pub)je for Oregon. LINDSAY ERIN SMYTHE My CommVasion expires: ,Ili LIE —7% 2.02[e NOTARY PUBLIC-OREGON COMMISSION NO. 1024641 MY COMMISS04 EXPIRES JUNE 7 2026 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. St NATURE ADDRESS TELEPHONE:. I9Te7AW]AK ORDER NO. 2024-002 EXHIBIT D MEMORANDUM TO: Board of County Commissioners FROM: Cody Smith, County Engineer/Assistant Road Department Director DATE: January 2, 2024 SUBJECT: Road Official's Report Vacation of a Portion of Sage Ranch Road in Sections 27 and 34, Township 15S, Range 11E, W.M. Background: Deschutes County Road Department has received a petition to vacate the public road portion of Sage Ranch Road in Sections 27 and 34 of Township 15S, Range 11E, W.M. The Petitioners are Sage and Lynne Dorsey, the owners of Tax Lot 5900 on Assessor's Map 15-11-00, which comprises all of the abutting or underlying property to the subject right of way. The subject portion of Sage Ranch Road is a local access road that is not maintained by Deschutes County. The subject right of way, which is 60 feet wide and approximately 0.56 mile in length, was dedicated to the public with Partition Plat 1991-54 to provide public road frontage for the three parcels created by that plat; Partition Plat 1991-54 indentifies the subject road segment as "Jaqua Road". In 2023, the Petitioners consilidated the three parcels created by Partition Plat 1991-54 into a single parcel by property line adjustment (Land Use File No. 247-23-000062-LL). The southerly 0.4 mile of the subject right of way contains road improvements consisting of aggregate surfacing. Road Department staff understand that the road improvements were funded and constructed by current and/or previous owners of the underlying properties and that the improvements were not funded by the County. Overhead power utilities owned by Central Electric Cooperative exist within portions of the subject right of way. Sage Ranch Road begins at its intersection with Fryrear Road. As the road proceeds east, the westerly segment of the road (approximately 128 feet in length) crosses Tax Lot 1200 on Assessor's Map 15-11-28C; Road Department records indicate that this segment of the road is not a public road. Continuing east, Sage Ranch Road crosses Bureau of Land Management (BLM)-administered federal lands (approximately 1.32 miles in length) within a BLM private access grant (OR 043973, Doresey Access Road). East of the BLM road segment Page 1 of 3 ORDER NO. 2024-002 EXHIBIT D is the proposed vacation area where the road crosses Tax Lot 5900 on Assessor's Map 15-11-00. Tax Lot 5900 is completely surrounded by BLM-administered federal lands, and the subject portion of Sage Ranch Road that is proposed for vacation only serves to provide vehicular travel within Tax Lot 5900. N x, yBLM PROPOSED A x� VACATION TAX LOT AREA 1511000005900 FRYREAR RANCH IMi Figure — Location Map - Proposed Vacation Area (NTS) The Petitioners provided the following reasons for the proposed vacation: Parcel Consolidation resulting in no need for public road, public interest in wildlife habitat and open space conservation. Road Department staff concur that the aforemention parcel consolidation does relinquish the need for a public road right of way within the proposed vacation area. Road Department staff will not address the statement regarding public interest in wildlife habitat and open space conservation as it is not indicative of a necessity to vacate the public's interest in a property. The Petitioners included an eight -page burden of proof statement with the submitted petition; the burden of proof statement will be included in the Board of County Commissioner's meeting materials for consideration. 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: • Central Electric Cooperative o Representative: Parneli Perkins, Land and ROW Specialist o Service provider does have existing facilities within the area proposed for vacation Page 2of3 ORDER NO. 2024-002 EXHIBIT D 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 December 20, 2023 indicating that their easement concerns had been addressed. 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 plat declaration with Partition Plat 1991-54 (ORS 368.326). • No owners of a recorded property right would potentially be deprived of access necessary for the exercise of that property right with the proposed vacation (ORS 368.331). • 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 includes acknowledged signatures of owners of 100 percent of property abutting the proposed vacation area, the vacation proceedings are not subject to a public hearing (ORS 368.351). • The subject right of way does not appear to be necessary 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 proposed vacation with adoption of Order No. 2024-002 subject to a condition that 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 3 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: Public Segment of Sage Ranch Road also known as Jaqua Road and related right of way Located in T 15 S, R 11 E, Secs. 26, 27, 34, 35 , Deschutes County. Reason for road vacation request: Parcel Consolidation resulting in no need for public road, public interest in wildlife habitat and open space conservation DATED this day of 2023 PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP Sage Dorsey 67200 Sage Ranch Rd. Bend, OR 97703 a �E Lynne Dorsey 67200 Sage Ranch Rd. Bend, OR 97703 STATE OF OREGON ss. County of ®ESGffiXEEi— On this &Y'day of Se PT , in the year 20Z5, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory idence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WI N SS my hand_and offi ' I seal Fe F OFFICIAL STAMP Wary Publi or Oregon. LINDSAY ERIN SMYTHE My Commission expires:.lubje 2O (o NOTARY PUBLIC-OREGON COMMISSION NO. 1024641 MY COMMISSION EXPIRES JUNE 7 2026 19 STATE OF OREGON ss. W On this lb day of Sg-P!"Ewvt969— in the year 202..5, 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. W TN S my hanrLand offi ' I seal OFFICIAL STAMP otary Pub ' for Oregon. UNDSAY ERIN SMYTHE My Comm sion expires: ;is, NE B 2®?1e I NOTARY PUBLIC-OREGON COMMISSION NO. 1024641 MY C WMISSION EXPIRES JUNE T 2026 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. StONATURE ADDRESS tz TELEPHONE: BEFORE THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS In the Matter of: SAGE DORSEY AND LYNNE DORSEY, Applicant APPLICANT/PROPERTY OWNER: ATTORNEY: PROPER T Y D E S C R 1 Pr T ION: REQUEST: I. INTRODUCTION File No.: } } BURDEN OF PROOF STATEMENT } To Accompany Petition } for Road and Right -of -Way Vacation of Sage Ranch Road Public Segment/Jaqua Road } Sage and Lynne Dorsey 67200 Sage Ranch Rd. Bend, OR 97703 Elizabeth A. Dickson Dickson Hatfield, LLP 400 SW Bluff Dr., Ste, 240 Bend, OR 97702 ivilUp i5-i 1 0--tion& 26, 27, 34, 35 Tax Lots 5900, 5901, 5902 Parcels 1, 2, and 3 of PP 1991-54 Consolidated into one tract by Instrument No. 2023-17391 Approval to vacate dedicated right of way and Sage Ranch Road segmentlJaqua Road per PP 1991-54 dedication Applicant is the owner of one consolidated parcel measuring approximately 322 acres on Sage Ranch Road/Jaqua Road between Sisters and Redmond in Deschutes County, Oregon. This parcel straddles 4 sections of Township 15E, Range I IS and is legally described as Parcels 1, 2, and 3 of PP 1991-54. This is a legal lot of record by Final Decision 247-23-000062 and Deed recorded as instrument number 2023-17391. Applicant requests approval to eliminate the segment of public road dedicated in 1991 to connect the three previously separate parcels, since it is no longer necessary. Applicant petitions the Board of County Commissioners to order vacation of the dedicated right of way and the segment of road itself, known in some county records as Sage Ranch Road, and by original dedication as Jaqua Road. Applicant's submittal is made by Attorney Elizabeth A. Dickson by authorization letter attached hereto as Exhibit 1. All exhibits are incorporated by reference into this Burden of Proof Statement. This Burden of Proof is submitted to accompany and supplement the Application Form in the form of Road Vacation Petition. I —Dorsey Road Vacation Petition Burden of Proof Statement II. APPLICABLE CRITERIA Oregon Revised Statues (ORS) Chapter 368.326 - .366 Highways, Roads, Bridges and Ferries; Vacation of County Property Deschutes County Road Department: Procedure for Vacation of Public Roads Under County Jurisdiction dated October 15, 2020, interpreting ORS 368.326 - .366 (below) Deschutes County Code Title 1 General Provisions, Chapter 1.04 General Provisions 1.04.010 Definitions — "Road" Title 8 Health and Safety, Chapter 8.21 Hazardous Vegetative Fuels 8.21.010 Definitions — "Driveway" Title 16 Addresses and Road Names, Chapter 16.08 Definitions — "Private Road," "Public Road" III. BASIC RESPONSES A. LOCATION: The subject property surrounding the right of way and road segment is one parcel comprising 322.06 acres on Sage Ranch Road/Jaqua Road in Deschutes County, Oregon, and legally described as Parcels 1, 2, and 3 of PP 1991-54. Parcels 1 and 3 are bare land and unirrigated. Parcel 2 contains a home, agricultural buildings, and some pasture. A private airstrip is located on Parcel 1 and a small polilon of Parcel 2. The tiu-ie parcels are Suiiouiided 0ii ail Sides bj' BLM land, where tax lot 2500 is estimated to encompass 3560 acres. (See Exhibit 2). The road segment and right of way proposed to be vacated runs in a north - south direction somewhat parallel to the western property boundary. See diagram at left. The Dorsey tract is zoned EFU-Sisters Cloverdale subzone, with a Destination Resort overlay (See Exhibit 7). B. LOT OF RECORD: The subject property is comprised of one legal lot of record by Final Decision 247-23-000062 and Last Deed recorded as instrument number 2023-17391 (Exhibit 3).This action consolidated three parcels into one. C. PROPOSAL: The Applicant requests approval of a Petition to Vacate a public segment of Sage Ranch Road, also known as Jaqua Road per PP 1991-54 and as dedicated, as well as the 60 foot wide right of way dedication. This will essentially complete the reversal of the minor partition approved in 1991, returning the tract to a single parcel of 322.06 acres with no public road dedication through it. The Dorseys wish to conserve the tract, surrounded entirely by BLM lands, without a public road running through it, or a future Destination Resort upon it. No other lands are served by this road segment. It is a "dead end road." D. SITE DESCRIPTION: Aside from a single residence, a few farm buildings, and a cleared area for an airstrip, the property is undeveloped and scattered with sagebrush and juniper. The parcel is relatively flat. It contains mostly naturally occurring vegetation which supports wildlife, particularly deer and elk. 2 —Dorsey Road Vacation Petition Burden of Proof Statement E. SURROUNDING LAND USES: All surrounding land is owned by the BLM. See Exhibit 2. The road proposed to be vacated does not serve lands to the north, east, or south, and lands served to the west adjoin a westerly private segment of Sage Ranch Road. F. EXHIBIT LIST: The following documents are submitted with this Burden of Proof Statement and are to be included in the Record: l . Letter Authorization 2. DIAL Aerial photo evidencing surrounding BLM lands 3. Instrument 2023-17391 Last Deed 4. Partition Plat 1991-54 5. Legal Description and Map of Proposed Road Vacation 6, ODFW 2019 Revised Wildlife Map 7. DIAL Aerial Map of Zoning and Overlay Zone III. COMPLIANCE WITH APPLICABLE CRITERIA AND STANDARDS. OREGON REVISED STATUTES ORS 368.326 Purpose of vacation procedures; limitation. ORS 368.326 to 368.366 establish vacation procedures by which a county governing body may vacate ... a public road...or a public easement... under the jurisdiction of the county governing body. The vacation procedures under ORS 368.326 to 368.366: (1) Shall llot be used by the �v un 4,y governing body to vacate pr.�2pvr tj' yr an :ntprest in pNAp Pt'hl that is within a city. RESPONSE: Applicant requests the Board vacate the publicly dedicated segment of Sage Ranch Road, also known as Jaqua Road, as well as the right of way within which it is located. This is a public road as defined in DCC 16.08.010, as contrasted with a "private road" also defined in the Deschutes County Code section cited here. DCC 16.08.010 Definitions "Private road" means a private right of way created by a recorded easement or other instrument, not dedicated to or accepted by the County or other public body, and not designated as part of the County road maintenance system. "Public road" means a road over which the public has a right of use that is a matter of public record. Sage Ranch Road and underlying right of way was dedicated by PP 1991-54 as Jaqua Road and was accepted by the County (See Exhibit 4, Page 2). It satisfies the statutory definition for vacation as a public road. The subject property is located outside of any city limits as depicted in Exhibit 4, so complies with paragraph (1) above. This application complies with the above referenced statute. ORS 368.331 Limitation on use of vacation proceedings that would eliminate access. A county governing body shall not vacate public lands under ORS 368.326 to 368.366 if the vacation would 3 —Dorsey Road Vacation Petition Burden of Proof Statement deprive an owner of a recorded property right of access necessary for the exercise of that property right unless the county governing board has the consent of the owner. RESPONSE: The public segment of Sage Ranch Road is at the end of the road and travels through only the parcel owned by the Applicant. It goes no further (See Diagram, Page 2). Vacation of the subject public lands (the public portion of Sage Ranch Road and underlying right of way) will still allow the Dorseys to access their parcel and there are no other users, so such action will not deprive an owner of access. This provision is satisfied. ORS 368.336 Abutting owners in vacation proceedings. Where the property proposed to be vacated under ORS 368.326 to 368.366 is a public road, a person owning property that abuts either side of the road is an abutting property owner for purposes of ORS 368.326 to 368.366 even when the county governing body proposes to vacate less than the full width of the road. RESPONSE: The proposed public road segment is surrounded on three sides by Dorsey property (both sides and the northern dead end). See diagram on Page 2 and Exhibit 4. U.S. Bureau of the Interior, Bureau of Land Management ("BLM") owns all land surrounding the Dorsey tract, so technically may be considered to abut the road/Tight of way at the entrance point on the southwest corner of the Dorsey tract. However, the statute says "abuts either side of the road" implying that the road only has two sides, here the east and the west, in which case the BLM end isn't "abutting" for purposes of the statute. Applicant's counsel is advised that BLM is generally not consulted in such matters, by agreement, so this issue likely doesn't need to be addressed. It's raised here for completeness. ORS 368.341 Initiation of vacation roceedin s• requirements for resolution orpetition-, fees. (1) A county governing body may initiate proceedings to vacate property under ORS 368.326 to 368.366 if: (a) The county governing body adopts a resolution meeting the requirements of this section; (b) The person who holds title to property files with the county governing body a petition meeting the requirements of this section and requesting that the property be vacated; or (c) The owner of the property abutting public property files with the county governing body a petition meeting the requirements of this section and requesting vacation of the public property that abuts the property owned by the person. RESPONSE: The facts of this case are described in (c) above, where owner (the Dorseys / Applicant) owns the property abutting the public segment of Sage Ranch Road and is filing with this Board a petition meeting the requirements of the Oregon Revised Statutes to request vacation of the Road and right of way. This petition is allowed to be considered under this statute. (2) A county governing body adopting a resolution under this section shall include the following in the resolution: (a) A declaration of intent to vacate property; (b) A description of the property proposed to be vacated; and (c) A statement of the reasons for the proposed vacation. RESPONSE: Applicant has provided a legal description and a map of Sage Ranch Road's public segment, also known as Jaqua Road. See Exhibit 5. This may be used by the Board as a description under (b) above. 4 —Dorsey Road Vacation Petition Burden of Proof Statement The reasons for the proposed vacation are generally that the road will be unneeded now that the separate parcels have been consolidated into one parcel, and the Applicant wishes to ensure that the subject property is preserved as conservation land for benefit of the public as open space and habitat for wildlife, particularly deer and elk. This reasoning is stated in detail below, complying with (c) above. (3) Any person filing a petition under this section shall include the following in the petition: (a) A description of the property proposed to be vacated; (b) A statement of the reasons for requesting the vacation; (c) The names and addresses of all persons holding any recorded interest in the property proposed to be vacated; (d) The names and addresses of all persons owning any improvements constructed on public property proposed to be vacated; (e) The names and addresses of all persons owning any real property abutting public property proposed to be vacated; (f) Signatures, acknowledged by a person authorized to take acknowledgments of deeds, of either owners of 60 percent of the land abutting the property proposed to be vacated or 60 percent of the owners of land abutting the property proposed to be vacated; and (g) If the petition is for vacation of property that will be redivided in any manner, a subdivision plan or partitioning plan showing the proposed redivision. RESPONSE: Applicant has filed a Petition for Vacation with the Deschutes County Road Department, accompanied by this Burden of Proof and incorporated Exhibits. It includes: (a) Exhibit 5, a legal description of the property to be vacated with a map; (b) The reasons for the vacation are generally that the road will be unneeded now that the separate parcels have been consolidated into one parcel, and the Applicant wishes to ensure that the subject land 1',__ benefit ofthe OF- anti ha%it?t ff4)Y property is preserves as conservation laud 1�i benefit o the public as wF`---- aye,..... anti wildlife, particularly deer and elk. These are detailed and substantiated below. (c) Applicant owns the property underlying the right of way dedication, such that the property is properly returned to Applicant if vacation is ordered. Applicant's name and address is on the title page of this narrative. (d) There are no persons owning improvements on the vacation property. The roadway will serve as a driveway for one single family dwelling, as that term is defined in the Deschutes County Code: 8.21.010 Definitions "Driveway" means the primary, privately -owned vehicle access way that is not a dedicated public road, serves one or more dwellings, subject to control of the owner or occupants of the dwelling(s), and which is longer than 150 feet when measured along the centerline from the nearest intersecting public road to the dwelling. (e) Applicant is the sole owner of property abutting the proposed vacation property. Applicant's name and address is on the title page of this narrative. (f) Applicant is the sole owner of the land abutting the property proposed to be vacated, so owns both 100% of the land abutting the vacation area and is 100% of the owners of land abutting it. (g) The property is not proposed to be redivided. To the contrary, it's part of a consolidation to one contiguous parcel of 322 +/- acres, surrounded by a BLM tract of over 3,000 acres. (4) Any person who does not pay costs as directed by an order under this section is liable for those costs. 5 —Dorsey Road Vacation Petition Burden of Proof Statement RESPONSE: Applicant has paid the required fees to the Road Department for this application. ORS 368.366 Vesting of vacated property. (1) When a county governing body vacates public property under ORS 368.326 to 368.366, the vacated property shall vest as follows: (a) If the county holds title to the property in fee, the property shall vest in the county. (b) If the property vacated is a public square the property shall vest in the county. (c) Unless otherwise described in paragraph (a) or (b) of this subsection, the vacated property shall vest in the rightful owner holding title according to law. (d) Except as otherwise provided in this subsection, the vacated property shall vest in the owner of the land abutting the vacated property by extension of the person's abutting property boundaries to the center of the vacated property. (2) Notwithstanding subsection (1) of this section, a county governing body may determine the vesting of property vacated under ORS 368.326 to 368.366 in the order or resolution that vacates the property. RESPONSE: Applicant's predecessor in interest, Stephen and Patricia Jaqua, dedicated the road right of way by Partition Plat 1991-54 (Exhibit 4). The dedication was through the western quarter of Parcels 1 and 2, and was not a centerline dedication straddling a property line. Applicant still holds any remaining interest in the vacation property beneath the right of way as dedicated and is also the abutting owner, so is the party in whom the vacated property should vest. DESCHUTES COUNTY ROAD DEPARTMENT MEMO "PROCEDURE FOR VACATION OF PUBLIC ROADS UNDER COUNTY JURISDICTION" Dated October 15, 2020 Cited criteria included here are items not specifically called out by the state statutes referenced above and are additional requirements of the County. Page 2 — Additionally, the following materials must accompany the completed petition form to provide for a complete petition package:... Completed service provider consent forms from all affected utility service providers, irrigation districts, special road districts, and municipalities.... Page 2 - SERVICE PROVIDER CONSENT In addition to providing for public travel, public road rights -of -way also provide for utilities which operate within public right-of-way under provisions in State law and County -issued permits.... Utility service providers include operators of transmission facilities for power, natural gas, domestic water, irrigation water, wastewater, telephone, internet, cable television, and other services. RESPONSE: Central Electric Cooperative provides electricity to the subject property. Parnelli Perkins, CEC Engineering Department, has been consulted on the road vacation. He's waiting on a form from the county after the application is submitted. CEC has an easement that will continue to benefit the utility after road vacation. Century Link./Quest provides phone service and is located within the CEC easement as well. Applicant is prepared to grant additional rights to these providers if determined to be necessary. Page 3 — A recommendation by the Road Department to the Board of County Commissioners that a proposed vacation is in the public's interest.... RESPONSE: Public interests in this vacation are explained in detail: 6 —Dorsey Road Vacation Petition Burden of Proof Statement Benefit to Wildlife: Applicant purchased the 322-acre parcels in 2004-2007 (3 parcels prior to consolidation) with the express intent to reduce further development and preserve it for wildlife habitat. The tract is zoned with a Destination Resort overlay (See Exhibit 7, making it a candidate for intensive development that would be disruptive to wildlife on the subject property and the adjoining BLM lands. Applicant wishes to reduce the likelihood of such development, in the interest of preserving wildlife habitat in the area. Applicant understands that 3 parcels are more valuable as real estate than one, and also that service by a public road increases its value as well. Applicant values the benefit to wildlife more than the monetary value on resale and so petitions this Board to vacate the road. The Applicant's goal is best understood in context. The site is surrounded by 3560 acres of BLM land, as depicted in the aerial photo attached as Exhibit 2. It is also part of the area identified by ODFW in its 2015-2019 analysis as an area that is properly included as Updated Deer Winter Range and Updated Elk Winter Range. See the ODFW revised proposed designation map published by Deschutes County in June of 2019, Exhibit 6, with annotation of the subject property location. ODFW's findings match Applicant's observations of wildlife on the subject property, where elk and deer and their droppings are often seen, especially in winter. Protection of wildlife habitat is in the public interest as defined by Deschutes County's goals. Deschutes County's Comprehensive Plan describes the importance of this goal as part of Chapter 2, Resource Management, Section 2.6 Wildlife on Page 45 identifies the importance of protecting habitats for food, water, shelter, reproduction, and stresses the connectivity between habitats to protect migration routes and avoid isolated wildlife populations. As the ODFW study shows, the subject property is key to achievement of these goals. Section 2.6 Wildlife Policies include Goal 1: Maintain and enhance diversity of wildlife habitats. ri_1.__. r1 L A C. ..� ' +'..gin F r�.r:ran —Al-, r�rnDorajinn cin ifi�ant �x�ildlife habitat. rolicy G.o.�+ 7uppol� incentives ivi reSwiiiir, cuiwv t,a�a�t raaa� ..r..aaavu==. These goals and policies are stated for public benefit and in the public interest. While Deschutes County elected recently not to incorporate the ODFW study into the County's zoning maps, that decision was not based on the judgment that the ODFW maps were not valid, but rather in acknowledgment of the public's concern regarding the impacts of such a designation on private parcels without owner consent. The ODFW study and findings are relevant here and worthy of consideration. In this case, the property owner is volunteering to make changes to the subject property in acknowledgment of the ODFW study results. The property owner is willing to reduce the resale value of the tract to benefit wildlife. Applicant asks this Board to vacate the public road segment and underlying right of way in the interest of wildlife and in the public interest. Benefit of Open Spaces: Deschutes County's Comprehensive Plan Chapter 2, Section 2.7 identifies Open Spaces as desirable as well. It defines these as undeveloped areas that are maintained primarily for some other purpose, such as farms or wildlife habitat. Goal 1 calls out the County need to coordinate with property owners to ensure protection of Open Spaces. • Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of connected open spaces. • Policy 2.7.3 Protect open spaces between urban areas. • Policy 2.7.4 Encourage approaches to protect open spaces. 7 —Dorsey Road Vacation Petition Burden of Proof Statement The subject property is zoned EFU/Sisters Cloverdale, as are the BLM acres surrounding it. See Exhibits 2 and 7. A Destination Resort or other more intensive development of the Applicant's property is not compatible with these policies. Road vacation would cooperate with Applicant's desire to discourage further development, allowing connectivity with surrounding BLM open space. It would protect the open space between Bend. Sisters, and Redmond, and encourage discouragement of Destination Resorts in the area. Removal of the public road is a means of reducing the likelihood of further development, and so is in the public interest, in consideration of both Wildlife and Open Space concerns. Page 4 — Additional findings for Road Department recommendation that a proposed vacation is in the public's interest may include: • No public road improvements exist within the proposed vacation area. RESPONSE: The Applicant's property on which the proposed vacation is located contains no public road improvements. It is in the public interest to vacate the public road segment and underlying right of way, based on this criterion. IV. CONCLUSION Vacation of the public portion of Sage Ranch Road/Jaqua Road and underlying right of way surrounded by Dorsey land is in the public interest because it promotes the conservation of approximately '22 acres of scenic open space and the natural resource values and wildlife habitat the site preserves. The Dorseys have committed to reversing the 1991 development plan for the site by first consolidating the three i. > :., Board r , rh , 4,1' �,1 that "'Vey t.0 nnhli� nin nncn separate parcels into one, and now ask- `tills Board to 'vacate the pukihc road that c,, 1 ikli t,.,.l.,,,... and reduces the site's conservation value. Vacation of the public portion of Sage Ranch Road/Jaqua Road and the underlying right of way has been demonstrated to meet the statutory requirements as well as the Deschutes County Road Department's policies based on the state's statutes. We ask the Road Department to recommend approval, and we ask this Board to order vacation of the public road and right of way. DATED this ,',day of �0231• DICKSON HATFIEL.D, LLP By: Elizabeth A. Dickson 400 SW Bluff Dr.. Ste. 240 Bend, OR 97702 (541) 585-2229 (direct) eadickson'a dicksonhatf ield.com 8--Dorsev Road Vacation Petition Burden of Proof Statement 400 SW Bluff Drive, Suite 240 Bend, OR 97702 541-585-2224 December 12, 2022 Sage and Lynne L. Dorsey 67200 Sage Ranch Rd. Bend, OR 97703 Re: Letter of Authorization Deschutes County: We hereby authorize Liz Dickson of Dickson Hatfield LLP, to act on our behalf regarding all land use matters before Deschutes County to which the undersigned is a party. Sincerely, Exhibit Page �� of After recording, return to: Elizabeth A. Dickson Dickson Hatfield, LLP 400 SW Bluff Dr., Ste. 240 Bend, OR 97702 Deschutes County Official Records 2023-17391 Stn=7 AT 07/17/2023 10:57 AM Stn $20.00 $11.00 $10.00 $61.00 $6.00 $108.00 I, Steve Dennison, County Clerk for Deschutes County, Oregon, certify that the instrument identified herein was recorded in the official Records, Steve Dennison - County Clerk Unless a change is requested, all tax statements shall be sent to: Sage and Lynne Dorsey 67200 Sage Ranch Rd. Bend, OR 9774it 03, BARGAIN AND SALE DEED The true consideration for this transfer is zero dollars. Sage Dorsey and Lynne L. Dorsey as tenants by the entirety, together as Grantor, convey to Sage Dorsey and Lynne L. Dorsey as tenants by the entirety, together as Grantee, the real property located in Deschutes County, Oregon, as described on Exhibit A, attached and incorporated by reference. This conveyance is authorized by a property line adjustment/lot consolidation decision approved by Deschutes County on March 29, 2023, under file no. 247-23-000062-LL. The decision authorizes a lot consolidation subject to conditions of approval, including the recording Of th:s deed. The properties being consolidated are Parcels 1, 2, and 3 as described in Exhibit A. Parcels I and 3 were last conveyed by Statutory Warranty Deed recorded September 16, 2004, as Deschutes County Official Records 2004-55692. Parcel 2 was last conveyed by Statutory Warranty Deed recorded March 15, 2007, as Deschutes County Official Records 2007-15388. The consolidated property is described in Exhibit A, attached and incorporated by reference. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92,010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND Exhibit -) Page --L of A 2 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED this flay of .20. Ae Dorsey 4 •l Lynn Dorsey (also known as L e L. Dorsey) State of Oregon ) ) ss. County of Deschutes ) -rr� On this � day of u 1,,.Lt , 2023, before me personally appeared Sage Dorsey and acknowledged the foregoing Instr ment to be his voluntary act and. deed. ..,.�OFFIMA AA#PSi 14OUND"Y EFUN SMi T E i O NOTARY PUBLIC-OREGON COMMISSION NO.1024UI otary P c far Oregon MY Ct MMISSKNI EXPIRES JUNE 7 2028 State of Oregon ) ) ss. County of Deschutes ) On this � day of c�U�{,_.�, 2023, before me personally appeared Lynne Dorsey and acknowledged the foregoing instiGinent to be her voluntary act and deed. OFFICIAL srAMp UNDSAY ERIN SMYTHE; otary P lie"for Oregon NOTARY PUBLIC-OREGON COMMISSION N0, 1024641 MY CC VM%*N EXPIRES JUNE 1 2026 Exhibit 3 Page 7— of —:. e A 7/1312023 SCES # 9383 EXHIBIT A — CONSOLIDATION OF T/L 5900, 5901, 5902 T15, R11, W.M. DESCHUTES CO. OR Parcels 1, 2, and 3 of Partition Plat 1991-54 Sun Country Engineering & Surveying, Inc. REGISTERED PROFESSIONAL LAND SURVEYOR JANUARY 16,1937 DANIEL T. BURTON M48 RENEWS 12/31/23 Exhibit 3 Page - of `i� ro07l3 V/t79%'' "• 1K"n v.nope Z+di:.�ti+�: a�.adyi se.4rce ti'tf eW&V, jI•• sg W a64-e '•J JIM " fi nr �.� k � �• � � oa • it :sa • �w' Ra¢s%" � ��'�� '�` y ay.,nn •rv.�aa / 4 fIIN• itl'N^A✓ ss�a tU � a oo, •/✓ 24" .�• '4 � � NfV �$ i°'th�b!► Zn9nA►¢ tnyr�►re � it litA: lilt �`� I&a6LAI y 0 M w Mf p: :ter 1 yl r Exhibit 3 Page — Of gV ry uts i R �fvwr.sf•se•w s�siw "lit 1 ou IN"HIM' Mop Oil y Ir�G�NR Ail k 4fTR��.M, .•'' rt��4,�� t,B � � � �� y �'4��1 � �lit iml IA WIN a 1111 I.IC., n i �wlr...«o�awae� iE.N[fili;Y �...�, ��R+tD4ig0,,6=Wut2Dta6DA.Y�704 a,�w a.mo,.a+a.>,,on.,aaa, i5 �.1 1 wa6ya,tyor, & IN( ( A06 A60 7m 1 2Cp t00 100 i ! �� S AtSEE MAP SEE MAP °DE AOo 1 aoo aoo 5 q 6tlt y06 04R tOS � AkVBML— i000 5 MW 4FE MAP SEE : S E MAP SEE MAP isII 0 11 9A ayao .o. zwu Etas 6-12 > 400 t,ol two Aeon 501 no sot SEE MAP SEE MAP I8 1 I I3 23 2•3 o'i1w L f t!w ,_ aal 22 f Y» 23 PLAT N PM-34 24 +Coo s i Aaoa 400a 4 ! 6.1 Z SEE MAP SEE MAP EE MAP w .'o6DA 30 29 213 27 ' 26 25 1 noo yap -�.' moo SEEM MAP SE[ MAP SEC MA* 16 11 "30 IS 11 MA n W .S' leSEE "`� 31 32 ] 36 woa SEE MAP SEE if CI yII )EX w a n PARTITION PLAT Nix"-64 O INDEX Exhibit Page —L of 3 M~CIy� r i1 r MXNA s qKC L-14 Ila w Awt9 F• 2641 �i y (NOO• ts' Z>•W 244A W 0r- K ;} `�g r f ,►ram � y � � W �+ - $ «�iV DO•/7:xA•IN f6dltf �r--- Al AM bie.�.�.•.w �•r s.s+�bv s a on• / 2e." *• ^ N U. 2°ssY*+�eg IftYn4>4 toys.too. {�Ztat471 1 fi Rn t ,.yAt •Z ae 4i �� NCi7•t0'i9•Ji� •iJilR ` ` ,IORt tMyji` 14 low go �� .v 'D.f'N•W bu i �,vwr•�r��v✓ a•aey • llR �� -all hill �ol alit a .. oy Add % At 0 till •� I Exhibit Page 2 of N -- —rim iscc (MOM' 3 i�K 77 3FAI p R 7 2 Exhibit s �„ F�ge -.L of A Sun Country Engineering & Surveying, Inc. 920 SE Armour Drive Bend, OR 97702 (541)362-8882 ROAD VACATION LEGAL DESCRIPTION ALL OF JAQUA ROAD, AS SHOWN ON PARTITION PLAT 1991-54, RECORDED AS SURVEY CSO4829, DESCHUTES COUNTY SURVEY RECORDS, AND DOCUMENT NO. 1991-24941, ON AUGUST 26, 1991, DESCHUTES COUNTY OFFICIAL RECORDS, SAID PARTITION PLAT LYING IN SECTIONS 26, 27, 34 AND 35, TOWNSHIP 15 SOUTH, RANGE 11 EAST, OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, AND SAID ROAD LYING IN THE SOUTHEAST ONE -QUARTER OF SAID SECTION 27 AND THE NORTHEAST ONE -QUARTER OF SAID SECTION 34. REGISTERED PROFESSIONAL LANI} SURVEYOR =T.BURTON RENEWS 12/31/2023 WORK ORDER # 10243 September 19, 2023 Exhibit Page __L of �! m ROAD VACATION EXHIBIT JAQUA ROAD AS DEDICATED ON PARTITION PLAT 1991-54 LOCATED IN THE SE 1/4 OF SECTION 27 AND THE NE 1/4 OF SECTION 34 TOWNSHIP 15 SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON SECTION 27 SECTION 34 (TAX LOT 5901 MAP 151100) PARCEL 3 PP 1991-54 JAQUA ROAD 60' R/W AS DEDICATED ON PARTITION PLAT 1991-54 (TAX LOT 5900 MAP 151100) PARCEL 2 PP 1991-54 JAQUA ROAD 60' RIW AS DEDICATED ON PARTITION PLAT 1991-54 (TAX LOT 5902 MAP 151100) PARCEL 1 PP 1991-54 PREPARED BY. SUN COUNTRY ENGINEERING & SURVEYING, INC. 920 SE ARMOUR RD BEND, OR 97702 (541) 382-8882 SCALE:1 "=800' 0 800 WO# 10243 DATE.• 811912J ON 26 ON 35 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON imumY 15. 1287 DANIEL T. BURTON 2248 RENEWS 12/31/23 Page Z of A i I I I z Ln o r) r) 0 (D o o (D 0 -n C C (ND _0 W M 0 (D L" -0 D -0 0 0 -0 rD �4 0 rD (D (D Qq :3 d c aq o r) 00 Ul (D 00 NJ + 't, 0 0 00 G) L'I C) W aq n r" ro m rD rr LA to 3 -01 '- w - 0 0 _0 Ln 0 0 -, 0 :3 -0 CL (D :3- :3 a, < Cr (D rD rD 0 o LM 0 Qj (D Ul m o (D o o M C) o 0 CL -n m C: c Q- Q. M 0 CD (D (D CD X .7- (D (a CD Exhibit Page rOf 7 AA 01ES CO BOARD OF COMMISSIONERS MEETING DATE: January 17, 2024 SUBJECT: Approval of Order No. 2024-002, Vacating a Portion of Sage Ranch Road RECOMMENDED MOTION: Move approval of Order No. 2024-002. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department has received a petition to vacate the public road portion of Sage Ranch Road in Sections 27 and 34 of Township 15S, Range 11 E, W.M. The petitioners are Sage and Lynne Dorsey, the owners of Tax Lot 5900 on Assessor's Map 15- 11-00, which comprises all of the abutting or underlying property to the subject right of way. Based on the findings given in the Road Official's Report (attached as Exhibit D to proposed Order No. 2024-002), Road Department staff recommend that the Board of County Commissioners approve the proposed vacation. Adoption of Order No. 2024-002 will vacate the portion of Sage Ranch 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