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BOC Decision (37)
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BOC Decision (37)
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Last modified
7/31/2012 8:59:02 PM
Creation date
10/30/2024 2:56:10 PM
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Template:
Land Use
Case_Number
01-002
Land Use Type
Administrative Review
Tax_Lot_Number
042W19AD00100
Document_Type
Decision
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<br />It is not clear from Kishpaugh or ORS 92.017 just what process is <br />required to vacate property lines, but it seems clear that a <br />formal vacation order by the county court is sufficient. Parcels <br />containing the subject property were conveyed by metes and bounds <br />descriptions rather than block oriented descriptions. Conveying <br />property by metes and bounds description may be enough, by itself, <br />to vacate property lines. <br /> <br />Property lines may be vacated by other than a formal vacation <br />action. In Koo v. Polk County, 33 Or LUBA 487 (1997) and Van <br />Veldhuisen v. Marion County, 26 Or LUBA 468 (1994), LUBA found <br />that recording a partition plat showing formerly separate lots as <br />one parcel vacates property lines. In DLCD v. Polk County, 33 Or <br />LUBA 30 (1997), Polk County had a policy that conveying previously <br />separate parcels by a single perimeter metes and bounds <br />description vacated lot lines between the properties. Polk County <br />later adopted a new policy that conveyance by a single metes and <br />bounds description did not vacate lines between parcels. DLCD <br />favored Polk County's original policy, and appealed a decision <br />finding in favor of separate parcels. LUBA did not reach the <br />merits of the case, finding that DLCD had no standing to appeal, <br />leaving open the question of whether perimeter property <br />descriptions vacate property lines within the perimeter. Local <br />jurisdictions are left to determine how property lines are <br />vacated. Marion County codes do not address the matter and ¡m <br />interpretation of ORS 92.017 is necessary. <br /> <br />It is clear that a vacation order and a new plat will suffice to <br />erase old lot lines. Lots that can be described by block and lot <br />are generally described that way. Describing previously separate <br />parcels in one deed, wi th one perimeter property description <br />indicates that one parcel is being conveyed. While not as clear <br />cut as a replat, a single property description is an indication <br />of intent to convey and accept one parcel of land. It is hereby <br />found that conveying previously separate parcels by a single metes <br />and bounds description is a specific process to eliminate property <br />lines under ORS 92.017. This especially makes sense here where <br />conveyances were made without regard to block or road lines or <br />descriptions. Even if the block lines for blocks 16, 17, 23 and <br />24 survived the plat vacation, the lines were vacated when <br />properties were conveyed by metes and bounds descriptions. <br /> <br />10. <br /> <br />The 1918 conveyance to McDonald established the northern and <br />eastern boundary of tax lot 100. The 1951 conveyance to McDonald <br />vacated the lot lines established in the 1882 conveyance to <br />Delorme. The 1969 conveyance to Phill ips established the property <br />lines bordering 4 2W 19AD 900, 1000 and 1100. Block 27 was <br />excluded by that transaction, and block 26 was excluded by a later <br />transaction. According to testimony at hearing, the land to the <br /> <br />ADM-01-o2\ORDER - 10 <br />SMITH <br />
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