2001-634-Order No. 2001-079 Recorded 8/8/2001REViEWEDCOUNTY OFFICIAL
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MARYHSUE SPENHOLLOW, COUNTYRCLERKS
COMMISSIONERS' JOURNAL
F [ �'"Sf� 08/08/200101:03:00 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, AEGON
An Order accepting and approving the County Road Official's Report
on the vacation of all of the J.A. Foss Road and road right of ways as
described in Exhibit "A", attached hereto and by this reference
incorporated herein located in Deschutes County, setting a date fora
public hearing, and providing for public notice of said hearing.
ORDER NO. 2001 — 079
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the vacation
by Resolution Number 2001-063 dated on August 8, 2001; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County, Oregon, the
County Road Official has submitted a report on the proposed vacation pursuant to ORS 368.346; now,
therefore,
follows: THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
Section 1. That the report relating to the vacation of a certain dedicated public road known as all of the
J.A. Foss Road and road right of ways as described in Exhibit "A", attached hereto and by this reference
incorporated herein located in Deschutes County, Oregon, is hereby accepted and hereby approved.
Section 2. That on Wednesday, September 26, 2001, at 10:00 a.m. at the Deschutes County,
Deschutes County Commissioner's Hearings Room, Administration Building, 1130 NW Harriman, Bend,
Oregon 97701, the Board will hold a hearing to determine whether vacation of the subject property, described
in Exhibit "B", attached hereto and by this reference incorporated herein, is in the public interest.
Section 3. Notice of said hearing shall be provided by posting and publication in a form that
substantially conforms with Exhibit "C", attached hereto and by this reference incorporated herein, pursuant to
ORS 368.346(3) and 39P.401 to 368.426.
9
DATED this Vfday of , 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
ATTEST:
Recording Secretary
1 - ORDER NO. 2001-079
TOM DE , CHAIR
NNIS R. LUKE, COMMISSIONER
MICHAEL M. DALY, 7ISSIONER
1-E, c0
EXHIBIT "A"
±' A
Engineer's Report
TO: Board of County Commissioners
FROM: George Kolb, County Engineer G✓
DATE: July 30, 2001
Road Department
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
SUBJECT: Vacation of NE Eby Avenue and J.A. Foss Road (NE 13th Street, Terrebonne)
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of-
way.
Discussion:
Deschutes County received a petition signed by the Canyons Land & Cattle Co., LLC to vacate NE Eby Avenue
and J.A. Foss Road (NE 13th Street, Terrebonne).
The roadway to be vacated lies entirely on property owned by the Canyons Land & Cattle Co., LLC. The
roadway dead -ends on the property and there is no public access to the Crooked River or Smith Rock State
Park. The portion of J.A. Foss Road (NE 13th Street) to be vacated was established in 1942. NE Eby Avenue
has no record of establishment or dedication as a public right-of-way. See attached map for location of
roadways to be vacated.
The applicant's have requested the vacation in order to consolidate their property into individual lots to be
serviced by a private easement. There are utilities located in the right-of-way but the applicant has been
working with the utilities concerning the relocation of their facilities onto the private easement. The private
road easement will include a public utility easement for electricity, telephone and television cable services. The
applicant has submitted a letter from Tye Engineering to the Road Department outlining the reasons for the
vacation. The letter is attached to this packet of information.
The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies.
Their responses are as follows:
PGT: No Response
Central Oregon Irrigation Company: No Response
Pacific Power and Light: No Response
Central Electric Co-op: I talked to John Pilling and he stated that they have been working with the developer
and will have the line relocated underground in the new easement. He stated that if the right-of-way is vacated
before they relocate, they have prescriptive rights to be there and there is no problem.
Quality Services Performed with Pride
Qwest Corporation: No Response
Redmond Fire Department: No Response
Deschutes County Property Management: No Response
Deschutes County Community Development: No Response
Deschutes County Legal Counsel: No Response
Bureau of Land Management: No Response
Oregon Department of Fish & Wildlife: No Response
U.S. Forest Service: No Response
Findings
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road
Department makes the following findings:
1. The right-of-way for J.A. Foss Road (NE 13th Street) proposed for vacation was established per
Commissioners Journal 4, Page 92 on 12/2/1942.
2. The Road Department could find no evidence of dedication or establishment for NE Eby Avenue therefore
this vacation will vacate any and all public interest and road right-of-ways lying within the legal description
for parcel 2 attached to this vacation.
3. A utility easement does not need to be reserved upon the property for the purpose of providing for any
existing utilities and any future utilities at this location.
4. The petitioners wish to consolidate their property and not have it bisected by a public road right-of-way.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest. The roadways to be
vacated serve only property owned by the Canyons Land & Cattle Co., LLC. The roads are not needed by the
public for access to public lands or other public roads for transportation purposes. The Road Department
recommends that the Board approve the vacation of this public right-of-way as described in the attached Order
No. 2001-080 subject to the following conditions:
1. A reservation of a utility easement shall not be retained upon this parcel for existing and future utility
facilities.
2. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS
368.366 (1)(c).
PROPOSED INGRESS Bc EGRESS EASEMENT
300 f ! /I
,
' 100
/300 600/
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200 700 d �r � � -,AX;--T 500J2r.0
/ 800
1 � Rl iii
10 1?
4i0
500
r i �
f- 100
L
200 i
PROPOSED
I
INGRESS & `/T�� ,, o
EGRESS EASEMENT I f
i
SCALE: 1"=1000'
Lr
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Ill y
ENGINEERING, INC
728 NW IHLU BEND, OREGON 97701 (841) 389-6989
DATE: JUNE 1, 2001
SCALE: 1"=1000'
DRAWN BY: P.A.T.
DWG #: 639—ROAD
June 15, 2001
GEORGE KOLBE
DESCHUTES COUNTY ROAD DEPT.
61150 SE 27TH ST.
BEND, OR 97702
Re: Vacation of J.A. Foss Road (NE 13" Street, Terrebonne, Oregon)
Dear George:
The purpose of this letter is to submit to the Deschutes County Board of
Commissioners a Petition for Vacation of a Public Road. The public road is known
as "J.A. Foss Road" and also NE 13" Street in Terrebonne, Oregon.
Included with this letter are following documents:
Petition for Vacation of a Public Road signed by the Petitioner, Canyons
Land and Cattle Company, LLC, which is the only property owner abutting
Foss Road;
2. Vicinity Map (not to scale) showing the location of Foss Road in reference to
the Terrebonne area;
3. Map entitled "Road Vacation" showing the actual location of J.A. Foss Road;
4. Copy of Quitclaim Deed recorded in Book 62D, Page 193, Deed Records,
Deschutes County, Oregon, purportedly creating a portion of J.A. Foss Road;
Copy of Quitclaim Deed recorded in Book 62D, Page 123, Deed Records,
Deschutes County, Oregon, which purports to create a portion of J.A. Foss
Road;
6. Copy of a survey prepared for J.A. Foss Road, dated September 17, 1942, by
E.G. Mansfield;
7. Legal Opinion of Bryant, Lovlien & Jarvis, P.C. as to the status of the
extension of NE 9t" Street and NW Eby Avenue on, over and across Tax Lot
500 and Tax Lot 502, as shown on the Road Vacation map; and,
8. Copy of map prepared by the Deschutes County Road Department showing
the location of Austin, Chas. Road and J.A. Foss Road, based upon County
Road Department records.
George Kolbe
June 15, 2001
Page 2
9. Copy of Road Research of Eby Road prepared by Deschutes County Road
Department.
J.A. Foss Road was purportedly created through two Quitclaim Deeds, as referenced
above. These were simply Quitclaim Deeds to Deschutes County and they did not
set forth any purpose for the conveyance. There was also a survey done of J.A. Foss
Road by E.G. Mansfield dated September 17, 1942. However, the survey of Foss
Road does not necessarily reflect its current location.
The portion of Foss Road that the Petitioners are requesting be vacated does not
connect to another public road. The extension of NE 9"' Street and NE Eby Avenue
are not dedicated public roads and there is no evidence of any grant of easement or
reservation of easement for either of those roadways. Neither the extension of NE 9"
Street, the extension of NE Eby Avenue, or J.A. Foss Road are paved.
Canyons Land and Cattle Company, LLC owns all of the real property that had been
accessed by J.A. Foss Road. No other person or persons own any land that would
use J.A. Foss Road for access. Upon vacation of J.A. Foss Road, access to
Petitioner's property will be via a private road easement. The private road easement
will also include a public utility easement component for electricity, telephone and
television cable services.
Foss Road is truly a "dead end street." This will eliminate a significant section of
road from the County that the County Road Dept. will not have to maintain at public
expense in the future, offering significant savings to the taxpayers in the County.
Petitioner has had serious and continuing problems with illegal dumping and trespass
as a result of this road. Now that the landownership has been consolidated into one
owner, the road no longer serves a public purpose, even as it serves to facilitate
illegal entry and dumping. To date, the owners have spent substantial monies (in
excess of $25,000.00) removing and cleaning up the trash from this illegal dumping,
even as the County has spent substantial monies to maintain this dead end road that
moo, „ „+I,- t;.,,,ous rt-,
se. V 11V VLII-I VV11L1`61A%j UJ propel Ly VVv11V1 J.
Vacation of the road will also allow the Applicant to continue to develop the
property for more responsible ranch, wildlife protection, and agricultural purposes,
including improved water systems, management, irrigation, and water saving, and for
the agricultural production. Your site inspection will show the development of
extensive new sprinkler irrigation systems and irrigation ponds and expanded fann
lands that are being developed to protect and enhance the historic and continuing
ranch and agricultural character of the property.
George Kolbe
June 15, 2001
Page 3
We appreciate your assistance in this matter. If there is any additional information
that you require, please so advise this office.
Sincerely,
WILLIAM TYE
Tye Engineering & Surveying, Inc.
Encl.
cc: Canyons Land and Cattle Company, LLC
(RSL:GARDNER.405)
EXHIBIT "B"
VACATION OF J.A. FOSS ROAD
PARCEL 1:
All of the J.A. Foss Road lying within Section 10, Township 14 South,
Range 13 East, of the Willamette Meridian, Deschutes County, Oregon as
established on 12/2/1942 per Deschutes County Commissioner's Journal
4, page 92.
PARCEL 2:
Any and all public interest and road right of ways lying 30.00 feet on each
side of the following described centerline.
Beginning at the Southwest corner of the North one-quarter of the
Southeast one-quarter of Section 10, Township 14 South, Range 13 East,
of the Willamette Meridian, Deschutes County, Oregon, thence North
00024'l 8" East 1310.90 feet thence North 89°38'46" East 1314.08 feet to
the terminus hereof.
Excepting therefrom:
That portion of Charles Austin Road as established by the Crook County
Commissioners on 5/9/1914 in Journal 5, page 242 with a right of way of
60 feet.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
it 12
OREGON
JULY 1994
DOYLE R. GILLILAND
2666
EuPlitso G -30-c;
THE CANYONS RANCH
rlYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97701 (541) 389-6959
DATE: JUNE 20, 2001 1 SCALE: 1"=3000' I DRAWN BY: P.A.T. I DWG #: 639SITE
i
: TL 700 / TL 800
— — — — TL 700
TL 200
PARCEL 1 TL 400
TO BE VACATED;
ESTABLISHMENT OF J.A.
FOSS ROAD (40' WIDTH) C100
PER COMMISSIONERS
JOURNAL 4, PAGE 92 ON
12/2/1942.
I
P11
I
3jl 2
10 1i
. N n 300
TL 500
Z
v
TL 100
_N
C �'I
! 00 Y �1
— — — 200
I
PARCEL 2 2/ 400
NO RECORD OF ROAD
ESTABLISHMENT OR DEDICATION, /I
VACATE ANY & ALL PUBLIC
INTEREST AND ROAD RIGHT OF /
WAYS
TL 502 /
_ - - - - NE CAYUSE - -
- - - - - - - - - - - - -
(ORIGINALLY 1914
CHARLES AUSTIN RD)
'II I
�I►�Z
till }
III � I
1 n ' 11
TYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97701 (541) 389-6959
DATE: JULY 6, 2001 I SCALE: N.T.S. I DRAWN BY: P.A.T. I DWG #: RESEARCH
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON SEPTEMBER 26, 2001, AT 10:00 A.M. IN THE DESCHUTES
COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING,
1130 NW HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD VACATION
PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE
HEARD.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215
IRES THAT IF YOU RECEIVE THIS NOTICE. IT MUST PROMPTLY BE FORWARDED T(
1111:Zi1C/_�9:a:41
In response to a petition by landowners, Deschutes County initiated the vacation of a all of
the J.A. Foss Road and road right of ways as described in Exhibit "A", attached hereto and by this
reference incorporated herein located in Deschutes County, Oregon be vacated.
�L011
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of an existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street, Bend,
Oregon, (541) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
PUBLISHED: Bulletin — September 6, 2001 and September 16, 2001
Spokesman — September 5, 2001 and September 12, 2001
POSTED: September 6, 2001
MAILED: August 27, 2001