Pursuant to ORS 368.016, 368.031 and 368.036, Clatsop County
has jurisdiction and authority over all dedicated public ways within
the unincorporated area of Clatsop County. ORS 92.175, 92.014(2),
and 93.808 provide that land dedicated as a public way by a dedication
or donation document must be accepted by the County. The Board intends
by this chapter to authorize the County Surveyor and Director of Public
Works, together or individually, to accept on behalf of the Board
of County Commissioners of Clatsop County all offers of dedication
of public right-of-ways made pursuant to ORS 92.014(2) and ORS 93.808
when such acceptance would in their judgment be in the best interest
of the traveling public and Clatsop County, and further, are susceptible
to economical maintenance and regulation.
(Ord. 93-12 § 3; Ord. 01-12; Ord.
21-01 § 4)
All requests to dedicate or donate real property to Clatsop
County for Road purposes shall be on forms provided by the County
Surveyor and/or the Director of Public Works and contain such information
as such County officers may determine is necessary for their review
of the proposed dedication or donation.
(Ord. 93-12 § 3; Ord. 21-01 § 4)
A. The County Surveyor and/or Director of Public Works shall review all requests submitted pursuant to Section
12.20.020 to determine whether such requests are in compliance with applicable state and County laws and regulations and further to determine whether acceptance would, in their sole judgment, be in the best interest of the traveling public and Clatsop County and, further, are capable of being maintained and regulated by Clatsop County in an efficient and economical manner. Upon such determination, the County Surveyor and/or the Director of Public Works shall cause the donating party to execute a deed of dedication and thereafter execute an acceptance of dedication thereon, all in a form satisfactory to them, which act shall constitute formal acceptance by Clatsop County of the dedicated or donated property without the need of any further action by the Clatsop County Board of Commissioners.
B. Upon execution of the deed and acceptance described in subsection
A of this section, the same shall be recorded in Clatsop County deed records.
(Ord. 93-12 § 4; Ord. 21-01 § 4)