1985-10403-Order No. 85-069 Recorded 5/16/1985, _ 1
VOL 64 PAGE
85"30403 _)
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO
to rr, k'�"-1'! 16 !,1 9� 20
P7..
An Order Setting a Date For a * ,,
Public Hearing to Consider
r
the Vacation of a Portion of
Old Burgess Road, Located in
Section 35, Township 21 South,*
Range 10, East of the Willam-
ette Meridian, Deschutes
County, Oregon.
ORDER NO. 85-069
3`Ay COUNSEL
, OREGON
WHEREAS, the Deschutes County Engineer has presented the
Board of County Commissioners of Deschutes County, Oregon, an
Engineer's Report, marked Exhibit "A", attached hereto and by
this reference incorporated herein, on the proposed vacation of a
portion of Old Burgess Road, located in Deschutes County, Oregon,
recommending vacation of said road; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That on Wednesday, June 26, 1985, at 7:30 p.m.
at the Deschutes County Couthouse Annex, Bend, Oregon 97701, the
Board will hold a hearing to determine whether the above de-
scribed public property, further described in Exhibit "B",
attached hereto and by this reference incorporated herein, should
be vacated.
Section 2. Notice of said hearing shall be posted in no
less than three (3) places, including the property proposed to be
vacated, or property within the vicinity of the property proposed
to be vacated. This notice shall be posted at least 20 days
prior to the hearing. Said notices must be visible from traveled
public roads.
Section 3. Property owners of record abutting the property
proposed to be vacated shall be notified by Certified Mail, re-
turn receipt requested, at least 30 days prior to said hearing.
Section 4. All public utilities and municipalities affected
by the proposed vacation shall be notified by Certified Mail,
return receipt requested, at least 30 days prior to said hearing.
Section 5. Notice of the hearing, in substantially the form
marked Exhibit "C", attached hereto and by this reference incor-
porated herein, shall be published at least twenty (20) days
before, and within ten (10) days of the date of said hearing.
1 - ORDER NO. 85-069
VOL
. a
DATED this �aday of , 1985.
BO D OF COUNTY COMMISSIONERS
OF SCHUTES C•QUNTY, OREGON
ATTEST:
Recoding Secretary
2 - ORDER NO. 85-069
. „TUTTLE, C"irman
64 pAcE 279
OIS BRISTOW PRANTE, Commissioner
DICK MAUDLIN, Commissioner
TO:
FROM:
DATE:
JT E S C EXHIBIT
F E E R C I V D
131985
❑ AAA <
"All
DESCHUTES COUNTY
DEPARTMENT OF PUBLIC WORKS 6� fAGF�S`sQ�1
61150 SE 27TH STREET VOL
BEND, OREGON 97702
(503) 388-6581 GENERAL SERVICES
(503) 388-6591 ENGINEERING
ENGINEER'S REPORT FOR PUBLIC ROAD VACATION
DANT WADE, LEGAL ASSISTANT
DAVE HOERNING, COUNTY ENGINEER
MAY 10, 1985
SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A PORTION OF
OLD BURGESS ROAD RIGHT OF WAY LOCATED IN SECTION 34,
TOWNSHIP 21 SOUTH, RANGE 11 EAST, W.M., DESCHUTES COUNTY,
OREGON.
1. Property proposed for vacation is owned by Deschutes County and
is used for the following: The parcel is excess rightof way
after road was realigned.
2. It is the Engineer's assessment that the proposed vacation is
in the public interest because: The property is outside the new
right of way and is not needed by the County.
3. The following other pertinent facts were considered in making
this report: This small parcel was inadvertently overlooked
when original vacation of the Old portion of Burgess Road was
vacated October 1, 1980.
DAVE HOERNING, COUN ENGINEER
VOL 64 FACE 281
EXHIBIT "B"
That portion of the Old Burgess Road as existing and shown on the
plat of Ahern Acres, lying in the Southwest Quarter of Section
35, Township 21 South, Range 10 East of the Willamette Meridian,
Deschutes County, Oregon, and described as follows:
Commencing at the Southwest corner of said Section 35; thence
South 890 44' 34" East 1225.78 feet to the West 1/16 corner of
said Section 35; thence North 790 25' 55" West 422.18 feet to the
Point of Beginning being on the Northerly right of way of Burgess
Road; thence South 880 22' 40" West 14.42 feet along the Norther-
ly right of way of Burgess Road to a non -tangent curve point;
thence 74.83 feet along the arc of a 5759.58 radius curve left to
a non -tangent curve point (the chord of which bears South 88° 56'
04" West 74.83 feet); thence South 880 40' 14" West 131.54 feet
to a point on the Northerly right of way of Burgess Road which is
also the Southwest corner of Lot 4 Block 2, Ahern Acres; thence
North 850 51' 41" East 104.58 feet along the South line of Ahern
Acres, thence North 850 34' 41" East 116.78 feet along the South
line of Ahern Acres to a point on the westerly right of way of
River Pine Road; thence South 11.70 feet to the Point of
Beginning.
. VOL 64 FACE 282
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 WEDNESDAY, JUNE 26, 1985, AT 7:30
P.M. IN THE COURTHOUSE ANNEX, 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 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST
PROMPTLY BE FORWARDED TO THE PURCHASER.
Deschutes County has received a Petition requesting that a
portion of Old Burgess Road be vacated.
Persons interested in obtaining more detailed information or
a map of the proposed vacation may contact the Deschutes County
Public Works Deaprtment, 61150 S. E. 27th Street, Bend, Oregon
97702, (503) 388-6581.
ORS 368.326 to 368.426 provides authority for road vacation.
BOA D OF COUNTY COMMISSIONERS
OF bZsCHUTES COUNTY, OREGON
LAVRENCE A. TUTTLE, Chairman
PUBLISHED in the "Bulletin": May 29, and June 19, 1985
POSTED: June 6, 1985
MAILED: May 24, 1985