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1986-09125-Order No. 86-046 Recorded 5/14/198686- 9125 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Order Setting a Date For a Public Hearing to Consider the Vacation of a Portion of O. B. Riley Road, Located in * �.itY 1S jg86 Sections 28 and 29, Township 17 South, Range 12, East of the Willamette Meridian, Deschutes County, Oregon. ORDER NO. 86-046 REVIEWED LEGAL COUNSEL � COUNTY, OREGON / F^j/i ,i of Y {tV�._ l..J?J �✓ WHEREAS, the Deschutes County Engineer has presented the Board of County Commissioners of Deschutes County, Oregon, an Engineer's Report, marked Exhibit "C", attached hereto and by this reference incorporated herein, on the proposed vacation of a portion of 0. B. Riley 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 4, 1986, at 10:00 a.m. at the Deschutes County Courthouse Annex, Bend, Oregon 97701, the Board will hold a hearing to determine whether the above de- scribed public property, further described in Exhibits "A" and "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, return 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 "D", 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. 86-046 VOL 71 FA,,E834 DATED this - ,,G day of lw-Ny1986. BOARD OF COUNTY COMMISSIONERS OF CH S COUNTY REGON L S B ISTOW PRA TE, Chair ATTEST: LAURE �EA TUTTLE, Commissioner .Ao - �1 Reco ding Secretary D K UDL N, Commissioner 2 - ORDER NO. 86-046 PARCED B1 & B:; va 71 FACE 835 County to vacate parcel B1 and B3 to Frank R. Gilchrist, ves_ie A. Swarens and Mary Geale= Ernst. Description: A parcel of land lta ing in the Northeast quarter of the Northeast Ouarter (NE 1J4, NE !a ,! of Sect -ion 29 , Township 17 South, Range 12 East of the Willamette Meridian, Deschutes C_unlj-, , Oregon and in the Northwest Quarter of the Northwest Quarter (NW -a, NIN 4" of Section 28, Township_ 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Commencing at the Northwest corner of said Section 28; thence South 000 19' 07" best along the West line of said Section 28, 676.71 feet to a point on the Easterly right of way line of O.H. Riley Read beim the Point of He•^ii nliig; thence alcri•g said road right of way line, 38.37 feat along the arc of a 550.8° foot radius curve to the right, the chord of which bears South 340 11'0' 24" West 38.36 feet; thence continuing along said road right, of 4r'ny, vu X11 ..�':1 v riCs-.r 3L. vvileiiC Said" XCad ri71:+ -_ a'a_ii __a-- ___T _._____y 1.._ __z __ a _._•__ torr VAL 23" Nest 44.;38 =eat :,o a point on -Vhe as+derly right o= way AD U.S. Highway 37; thence along the Easterly right of vay of U.S. Highway 97, on a spiral curve to the right, the chord of which bears north 090 41' 39" West 154.73 feet to a point, on the Northwesterly right of way line of 00.2. Riley Road; thence along said O.B. Riley road right of way, 47.00 feet along the arc of a 20.00 foot radius curve to the left the chord of which bears South 770 19' 57" East 36.91 feet; thence continuing along said right of way line North 360 29' 5811 East 10,.63 feet; thence continuing along said right of way line 305. G3:� feet along the arc of a 490.89 foot radius curve to the left the chord of which bears North 180 39' 57" East 300.72 feet; thence 66.25 feet along the arc of a 470.00 foot radius curve to the right, the chord of which bears South 720 07' 04" 66.20 feet; thence 19.65 feet along the arc of a 20.00 foot radius curve to the lett, the chord of which bears South 590 33' 52" East 13.01 feet; thence South 860 19' 39" East 6.55 feet; thence 42.00 feet along the arc of 470.00 foot radius curve to the right the chord of which bears South G2^ 35' 19" East 41.99 feet; thence South 08°0' 2711 Es=' - 43.70 feet; thence 126.14 fat along the arc of a 100.00 foot radius curve to the left, the cord of which nears South 53° snr 57" West 117.94 feet to a point on the Easterly right of" way 1=ne of O.B. Riley road; thence along =_aid road right of clay, 14O.98 feet along the arc of a 550.89 foot radius curve to the right, the chord of which bears South 250 10' 49" 'Nest 1'=0.59 feet to the Point of Beginning. EXHIBIT "A" Vol 7 pbnF 836 ' Subject to: A waterline easement. to the Cite of Bend within tie existing right of way of O.B. Riley Road adjacent to the easterly right of way of the Danes -California Highway in the NE i9 NE vd Section 29 Township 17 South, Range 12 East t4 . Pd . This easement is 20 feet in widths, 10 feet on either side of the following described centerline: Commencing at the northeast cornu- of Section 29; thence South 00° 19' 07" West along the easterly section line, 825.9+9 feet; thence North 900 00' 00" blest, 85.80 feet to a point on the easterly right of way of the Dal -les -California Highway being at the southerly beginning of a property line curve on the southeast corner of the intersection of O.E. Riley Road; thence along the arc of the 55 foot radius curve right, .98.58 feet (the long chord bears North 090 01' 46" East, 87.74 feet) to the point of beginning of this centerline description; thence North 690 26' 07" West, 5.97 feet; thence North 020 42' 22" West, 45.65 feet; thence North 330 35' 00" West, 30.61 feet to the easterly right of way of the Dalles-California Highway and the terminus of this description. A telephone conduit easement to Pacific Northwest Bell within the existing right of way of"' O.B. Riley Road more particularly r011 - - i�t13Y veY i 14N'i4, ?''14i.4) CJI 6 ec v1Gs.0 aT1U viiia i'v•,..i .rise='_.'% 'guar'ler CS the Northeast Quarter (NENr NV!4) of Section �,9, all in Tcwnship 7 South, Range 12 East of the s?1113r,,ette Meridian, Deschutes County, Oregon, said stria of 'Land being five (5) feet in width, the centerline of which is described as follows: Commencing at the Northwest corner of said Section 28; thence South: 000 19' 07" West along the West line of said Section 28, ' r southerly right-of-way line of tale 8:... J5 Ecco. to 3 L)oln� on the sou'.,; er y rl h` new alignment of Addison Avenue; thence along said southerly right-of-way line 42.79 feet along the arc of a 470.00 foot radius curve to the right, the chord of which bears South 760 37' 23" East 42.78 feet to the Point of Beginning; thence South 000 50 East 6�_ 23 f _et; thence Soup=h -.c Wast 1u5.49 feet; thence South 3210 i2t 35" We=t _s.n feet; thence South 290 : +. __ 91n: .r " rest 57. 37 feet; thence South cn0 1West 90 South .680 r " r 5 ^ .^ J J a point n the feet; leT1Ce n 5 7 ] `� Meat . s� fees' to o easterly righit-cf-wav line of U.S. HighU;a_� 97, being the terminus of this centerline description. EXHIBIT "A" CONTINUED Vol 71 PAGE 8J 7 PARCEL B2 County to vacate B2 to Sylma Company, and cc -partnership consisting of Maurie and Sylvia Jaccb_. Des-cription: n parcel of land, being a the of C.B. Riley Road, lying in the Northwest Quarter of the Northwest Quarter ( NII I Fe4 , T''., N U4) of Section 25, Township 17 South, Range 12 East of the E;illamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Commencing at the Northwest corner of said Section 28; thence South 000 19' 07" West along the West line of said Section 28, 676.71 feet to a point on the Easterly right of way line of O.B. Riley Road; thence along said right of way line, 350.76 feet along the arc of a 550.88 foot radius curve to the 'Left, the chord of whichbears North Z40 16' 15" Fast 344. S6 feet to the Point of Beginning; thence continuing along said right of wag, Line 142.44 feet along the arc of a 550,95 foot radius curve to L%_= —i1-.— ,•.a � L.. —+L L.3 .� Ti. r1L A A i1 a7,r l _.r4 SII Ta!a=} 1 1'} T'4 __ v� r + r if ii i va a.r 3i 11vi .il 1 — u 4 vL' z. —r 1 1,2 . _ a East 113.94 feet; thence South 12- -10' iib" gest 17.31- fee thence 27.12 feet along the arc of a 530.00 foot radius curve to the right, the chord of which bears South 720 37' 16" East 27..._ feet to the Paint of Beginning. Subject to: k waterline easement to t -he City of Bend covering the entire area of the parcel described above. EXHIBIT "B" "• ` ES EXHIBIT "C" 1 T ^` c vu FAt 838 � hL`t DESCHUTES COUNTY -� .✓ DEPARTMENT OF PUBLIC WORKS 61150 SE 27TH STREET ❑-( BEND, OREGON 97702 AAA � � (503) 388-6581 GENERAL SERVICES (503) 388-6531 ENGINEERING ENGINEER'S REPORT FOR PUBLIC ROAD VACATION April 17, 1986 TO: BOARD OF COUNTY COMMISSIONERS FROM: DESCHUTES COUNTY ENGINEER SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A PORTION OF O.B. RILEY ROAD DESCHUTES COUNTY, OREGON CONSISTING OF TWO PARCELS. 1. Property proposed for vacation is owned by the Public and was used for the access to M. Jacobs Furniture Company and the Bend River Mail from Highway 97 until the new connection was reconstructed south of Izzy's Pizza Parlor. The old route still has underground utilities located within the right of way. 2. It is the Engineer's assessment that the proposed vacation is in the public interest because: This right of way is no longer needed by the public due to road relocation. If and when the road is vacated, parcel B1 and B3 in the attached description (Exhibit "A") should be vested to Frank R. Gilchrist, Leslie A. Swarens and Mary Geales Ernst. Parcel B2 (Exhibit "B") should be vested to Sylma Company, a co -partnership consisting of Maurie Jacobs and Sylvia Jacobs. 3. The following other pertinent facts were considered in making this report: SUBJECT TO the reservation of utilities easements in and upon all of the property as described on Exhibit "A" and B,1 COUNTY ENGINEER voL 71 PAGE 839 _CMun -I-, to vacvacater�arce" 31 and B3 o tFr ank R. G i I ohr i st , Les I i E, V A . S w a r e n s ani N'I a r y G e a I e= _-- r n Bt Descripticn: 7 an -2n, in the Nor thsast Quarter =f the "ort%*- east u a r 4, e r 4 N'E "A INE Ser: T';i on 29 , T;�nsh i p South,Rar e Z "mo==t of tI-le Meridian, 2_1 e a c, h u t e s C o u n 1 y Orei7on a In the "ort hwest Qluarter of the Northwest u a r t s r ;.A4 2 8 TOr.4,,nsh i L� 17 South , Range 1-27, Eas t of +--.he 'N i ll amette N:erid-1 zn, em schl -_1 t =_ s C- oz u n t y Oregon, being more particularly �escxribed as n..7 - h .-, I I W - � Section I a t Nor"wes' =ner -f said Section 28; thence E o 11 t-1-1 "D 10C, Ir,, f 0.est- alon'q the N'est li_7e of sm-i'd Section 29, E 7 LF I f s e t +D o a roin1 on the Easterlv E �_11, of �,,ay llne of Foad teing the Poin't of EPeginning: thence alon- salt road nE, 33.37 feet -3ong 'he arc a 550.82 f-_-+-. radios curve to the right, the Chord of �p h JL c h hears E0. u t h 240 3, 0 2 'P41 e s t Z 3G fe-e-D; thence continuing along said road right c -f a 7 r 0 a _ n -r7 a" .1 - 7 South -0 'L Z _F P_ " W e s t� 3 2 . 0 LZ f S �e t h e n c e c o -,-I t i n - - L = lo n g said road right of way, 45 - EG feet along the arc of a 5ff.00 foot YTS, ill us c,,-, r e o thE lef t , the --hord -of" which bears South 1 '20 42 3 .4 e. -5t '-'`±.38 feet to a point, +on the Easterly right of wav of T -hway e r I y r ig h t o f -7 a y o f 1, . 3 Hi P7; thencs along the Eas�_, 44ghw­ry 97, on a spiral curve to the right, the chord =f which r s 1 01' -1) r t h 09c 41 33" Wlest 15L.73 feet to a point -on the o r t hw e s e rigrZ_-h t Cf way 'Line of 3. RJ ear R- ad; thence -along t -ad ri,,7ht `--If wav 471-00 feet along the ;---r-:: --f a I I.E. R�"ey F- - If 00 fnot radius curve to the left the chord of which hears C C:., u t 11-L 770 -31 =-If 1 Ea=t 36 31 flet; thence continuin7 alonq said r L,7 -It 0 -ff way line North 360 29 c7R" past. 4 0 feet.; thence cc) :1 t i n u i n -9 a I o- a -7 .aid right o f w -a y line 305.63 feet along the arc foot- radius curve to the left the chord of which hears 1-Torth IBO 39' 57" East 300.7/2 feet; thence ES.25 feet along the arc of -a 470-00 foot radius curve to the right, the chord of which '-'ear= Sout-h 7210 071 0411 66.20 feet; thence 19.68 feet, along the arc of a 20.00 foot radius curve to the left, the chord of wh Ch bears South 53,D :pni =,711 East 108.01 feet; thence South 861 13 39" East 6.55 feet--; thence 42.00 feet along the arc of 470.00 - foot radius cur7 ' e to the right the chord of which hears South 620 35' 19" East 41.99 feet; thence South 080 4_0' 2"" East 43.710 feet; thence 126.14 fet along the arc of A 100.00 foot radius curve to the left the cDrd of which hears South 530 53 net5 tient 117.94 feet t o a _point o n +D h e Easterly r 17 ht Cf way lire of 0.3. Riley Road; thence along said road right of way, 140.98 -;-eet among the arc of a 540.83 foot radius curve to the right, t h e chord of which hears Lo'ut'h '- Z57 0 10' 43" West 1. 0. fest to the F,:int c-1 Ss-innin,7. EXHIBIT "A" City VOL 71 PA,,, 840 }-0: waterI i ne easement to the _ Cit c =-:GTy d within +.ii tF+ t ,a.: ist__la s itih+ Of way of C.B. tii_ty -d]ac•ent to the easter✓.", ight _� fiat° _f t ie �a1 _es-'�ai if _=ilia Hii�iit::.a„ i file NE '74 1`(E � �et•ion 23 Township 7South, Range 12 East N'.M. This easement is Z0 fe='t its wid+Lr 10 feet on e vh; e suede of -t he f 1:s n: descr?',e= ceanter-ine: e v aL LL _o -the }' a -k_ - E; _f � �i •2 '3 thence _, i•:1L _�11;i;itZ n ink _ v!:e lS__ �s,f corner �f �_= S _; + 011ry i ^ X711l le eas`sr =a i•y:.0 inner 825. =_3 feet then+=e i4s.lth 30 n 00" Wes -5.'-0 Yam ' s 'West, j� a L'>>=lilt on jJt:e east- r'; right f wa7 _ t D-1 � �L-_ F � :.r t, h t -• �-.-- - t;h =.y .;1 this :.��1:C_- �:.i =Til�.� r;igttd:C.1 L�*:'il;y a ..,e _outherly his -inning of a pror=rt7Y 1__,= c'_=-,.= on t-hs+=':],t;^e=a=.:.. _-✓:ter ^F i.,h«� ill}=�'�s er :i 'n of ��.B i�ii•=tr-__`,a!r t:ienC �1_t_4 'he a OF tii= 5'� f'__t radius curve right, _::j.52' fret: .the` long chord 1Mo _ 0,J. 4n L'C .:r J . I`-1 f=*_'�� 'ori C' '!_!i�i!St Lit h'='ginn. iTi g of this centarline description; "he -ice North E90 261 +} R U !11 :'e_1 i CT�RfhN0.2�n i �, t E5 fEe`•_ i t' _+_c e _-o.r`.h 3� nr111 T�.:!P_t,j .z %j, n1 'rC-_t. __ the ,=asT,Pr�.V r1�311t of 4v a" ;f the Hi-7hwav and the term=nu=. Of thi i s a _ ___.S: i`tZ :jn. tele- . st_ nµ conduit easement to P3_ifi� Northwest Bel,the e;{inti n: right Cf w a v ^f 0.E. R i I s y Road '�'- a more p=-riculrly de—rioel _ o_1G6 - v A suit s land _ying in vise ivrtht•=est QL'artet.`f }he Mor-' we_t 4TT_i i,- 5TT i : ` t'.Northeast the 's�'�.ar*._:er � :�fv;:w _:}ii'iu ! �� �evt'iil11 uo �rld thT= `i v��lu�ter of Nort least _�''att9t I NEV4, _EI,,411 -- Section.;� r all in o7:?ilshi-D South, Ranke 1�East <tf the rillamette Meridian, 1"Deschute_ 'l-ounty, Oregon, said strip of land being five (5) feet in width, *he sn er_ine, :of v-.hich is described as foil ws: CotmmencinQ at the Northwest- -orner of said tie+_' --{"lion 29; thence r + h p 1 r r R IT } .t_ t_ ,- i- r r .t.. Z ;you •j =' lies ' a_on. tate West Line said Se,_a33 Z 1.0n v, J 7::. ?5 fejt. }.o - Co int on the th r right-of-way F-, t ne C Cale _ h �ou•�,.erl_T r-yt.t-oma ��a� li,�_ f new aIi-jnment of Addison nt-enue; thence along said southerly '' f -.. - i 3 feet along .,he arc .:f a 47/0.00 r oil, right-of-way �, � ne .•2, +-_:�. radius Curve to the right, the chord of which 1--e-ars- South 760 371 L?n East 4-2 .79 feet to the Print of Beginning; thence South000 qr qr" East rOr. 3^ feet; thence South 190 43r L4u 'NeE.t, i4b.46 feet; thence South 3211 32 36I West 95.30 feat; thence South Lg o 32' ^"3n v'l'FSt 57.37 fee -t.; thence South 511:' 4J, 41" West 112.90 n.10 feet; thence South e8r F7• II t n n » }- r _ 19 nest •�.�� feet t� a point on the easterly right-cf-way line of J.S. Highway 97, being the terminus of this center'ine descri-otion. EXHIBIT "A" CONTINUED P&kRICEL 2 County to vacate BZ7 to Syrlma Company _onsi=_yiny of Maurie and lvia 3acob_.. D ription: VOL 71 FACE 841 and co -partnership `• `ar=el of :.and, bsi_ig a portion of O.B. Filey Road, ly-ing in she Crvc_ lea ua et _ _:i._ Horth -•e Quarter ;4, 1`t T" Q4} of Sec-tiC.-n i'o 7ns liL� South, t'�anq'3 1 J _ast of sii? 'tjiame? Le Meridian, Deschutes County, Oregon, beim more particularly desariled as Commencing at the Northwest corner of said Section 28; thence _ .pit .3 G 9 ' n'7u r ..s is li �� _`_�! v, West a�r�ri7 't,I'ie E^ae=_43 liiiC o sais SaotiCn 23, ?-_ a pr,i n =Ii the asterl ri71-it of Ui.ay lsine �r O.B. R -i eRoad; t iencs along said right o_ wad' line, 7i feet n gi th a arc -,f 89 fo-ot radius curve to the ft, the _Por~ of which he-ars North 140 16' 15" East 344.86 fest to the Foint _'i Beg '=nniIng ; 1ha-n--e continuing along said riyhu of way n L4 +Y' :zi;.' '± feet a_on•y the aro! of a cc;_'. _;a foot radius curve to t, �e _n '_ -t i-.- r- of 'v�L h xx 99 n n2' �v :: tv a •s n .t .. _ may_, ti:'.='CtC�_t _ .. li<�h he !'1 .rlrth ? 1 f.G 1C V{lest i�L `JY f eed Viia`nce 115 - 28 ._.t" l .t.l- �r 00 n.L �-,radius 77.�,. f e �� along e arc .1 a 2� �� . f _ Cui''�ie t.n the ri�ht, the chord of whiz'- hears S_�uth 03° C�=' i::v„ ,T_.a=+ ii. �� f_ t t1 �-. a n� n i :� +s n. 9�, feet; �e ; ti enoe Solt ..h 1G 4-0 b est 1 ; e thence 27. 122 feet along the arc of a 530. .`V foot radius curve to the right, the Chord of which hears South . Z O 1: 71 15" East 27 . : feet to the Fs -int of Beginning. Sub j e^t. 'do: A waterl in_e easement to the Ci t y of Bend cover in'7 the entire area of the parcel described above. EXHIBIT "B" EXHIBIT "D" VOL 71 Pnr 2 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 COMMIS- SIONERS WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JUNE 4, 1986, AT 10:00 A.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 O. B. Riley 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. PUBLISHED in the "Bulletin": POSTED: May 12, 1986 MAILED: May 2, 1986 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON LOIS BRISTOW PRANTE, Chair May 15, and May 25, 1986