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Yamhill County moves to sell small parcel, grant easement after survey shows county land contains access road
Summary
After a survey showed an access road lies entirely on county property, the Board of Commissioners accepted a bid from the Geneva Hoy Trust and agreed to proceed with a quitclaim and recorded easement that will secure legal access for the Charlton property.
The Yamhill County Board of Commissioners on Jan. 23 accepted a previously awarded bid from the Geneva Hoy Trust and instructed staff to proceed with documents to grant a public easement and record a quitclaim deed to resolve access to a parcel owned by David and Roberta Charlton.
Attorney Michael Gunn told the board that new survey work by Lee McDonald shows the access road used by the Charltons lies “totally within the county property” and that signing the proposed easement would chain together existing rights-of-way so the Charlton property will have an insurable, recorded access route to Quarry Road. Gunn said Teresa Michofsky, trustee of the Geneva Hoy Trust, had signed the easement document submitted to the county.
Gunn said the lack of a recorded easement had scuttled a prior sale to an outside buyer because the title company would not insure access. He urged the board to accept the previously awarded bid and finalize the easement and quitclaim deed so the Charltons could market the property with clear title.
Christian Bernish, speaking for county staff, confirmed the county had accepted the offer from the Geneva Hoy Trust and that completion was contingent on the parties finalizing the easement language and any necessary scrivener's corrections to legal descriptions. Bernish told the board the winning bidders have 10 business days to submit the balance of the bid payment; if the payment is received in time, staff expects to return a board order as soon as the following week.
The board moved to finalize the sale and proceed with staff action; the motion passed. The recorded documents will include the easement exhibit prepared by surveyor Lee McDonald; Gunn noted the county planning department requires a 30-foot-wide easement and that the draft easement contains a maintenance clause that defers to applicable statutes.
The county parcel at issue is identified in materials as parcel 3215AA00400 (county staff packet). Gunn described the parcel’s history dating to early plats of Chehalem Mountain Orchards and said the Charlton family’s house on the accessed parcel was built in 1920 according to assessor records.
Board action will now move to finalize the legal description and recording steps. Gunn said he would follow up with McDonald about the one possible scrivener’s error in a legal description and coordinate with Christian Bernish to complete the process.
Votes and next steps: the board accepted the previously awarded bid from the Geneva Hoy Trust (purchase price stated in staff packet as $16,119), directed staff to proceed with preparing a board order, and noted the buyer must deliver the remaining funds within 10 business days for closing to proceed.
