1986-24982-Order No. 86-087 Recorded 12/10/1986BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An order Setting a Date For a
Public Hearing to Consider
the Vacation of an Easement KEYpUNCHED
Located in Section 28, Town- 1966
ship 16 South, Range 11 East
of the Willamette meridian,
Deschutes County, Oregon.
VOL
ORDER NO. 86-087
COUNSEL
71
80PAGE 880
WHEREAS, the Circuit Court of the State of Oregon has
remanded the denial of the vacation of a certain easement to the
Board of County Commissioners of Deschutes County, Oregon; and
WHEREAS, the Deschutes County Engineer has presented the
Board with an amended Engineer's Report, marked Exhibit "A",
attached hereto and by this reference incorporated herein, on the
proposed vacation of an easement located in Deschutes County,
Oregon, recommending vacation of said easement; and
WHEREAS, the amended Engineer's Report is in conformance
with the Order of the Circuit Court; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That on Wednesday, January 21, 1987, at 10:00
a.m. at the Deschutes County Couthouse Annex, Bend, Oregon 97701,
the Board will hold a hearing to determine whether the above
described public property, further described in Exhibit ffBff,
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.
1 - ORDER NO. 86-087
a
VOL S&AGE 881
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.
DATED this 1CL-�6-�day of �Uft)Lk& _) , 1986.
BOARD OF COUNTY COMMISSIONERS
OF SCHUTES' COUNT -,
X� OREGON
B STOI
4 STOW PRANTE, Chair
A��TEST: 4
Recording'S'earetary
2 - ORDER NO. 86-087
A C
ssioner
-41 .
, uommissioner
EXHIBIT "A"
DESCHUTES COUNTY
C91 DEPARTMENT OF PUBLIC WORKS
61150 SE 27TH STREET
0AA'i BEND, OREGON 97702
/ (503) 388-6581 GENERAL SERVICES
V40OFFP,'
(503) 388-6591 ENGINEERING
VOL � WAGE 882
M E M 0 R A N D U M
TO: Board of County Commissioners
FROM: Dave Hoerning, County Engineer,�7kW
DATE: November 10, 1986
SUBJECT: Amended Engineer's Report of Vacation of
Easement over Phillip Chase Property
BACKGROUND:
On May 23, 1975, Deschutes County entered into an easement
agreement with Mr. and Mrs. Phillip Chase on the NW 1/4 of the
NE 1/4 of Section 28, Township 16, Range 11 East Willamette
Meridian. This agreement was made in consideration of the
vacation of a public road located on the NE 1/4 of the NW 1/4
of said Section 28 which was also owned by the Chases. The
agreement was made to provide access to the 40 acre parcel of
property lying southerly of the Chase property which was shown
in the ownership of the State of Oregon. However, it has now
been determined that this 40 acre parcel is under the ownership
of the Bureau of Land Management and is a part of the overall
160 acres owned by the B.L.M. in Section 28.
DISCUSSION AND RECOMMENDATION:
The intent was to provide access to a parcel that appeared to
be isolated. Therefore, the easement which was reserved in the
Agreement of May 23, 1975 between Deschutes County and Mr. and
Mrs. Phillip Chase is no longer needed. It is the
recommendation of this department, that the County vacate the
offer of dedication and nullify the Easement Agreement of May
23, 1975.
DH: wr
EXHIBIT "B"
VOL - S&AGE883
A strip of land fifty (50) feet in width running
the length of the easterly boundary of the NW1/4
of the NE1/4 of Section 28 Township 16 South,
Range 11 East of the Willamette Meridian,
Deschutes County, Oregon7 and
2. A strip of land fifty (50) feet in width running
the length of the southerly boundary of the NW 1/4
of the NE1/4 of Section 28 Township 16 South,
Range 11 East of the Willamette Meridian,
Deschutes County, Oregon; and
3. A strip of land fifty (50) feet in length and
fifty (50) feet in width located in the Southeast
corner of the NE1/4 of the NW1/4 of Section 28
Township 16 South, Range 11 East of the Willamette
Meridian, Deschutes County, Oregon.
-7
EXHIBIT NCN VOL . 80nac SM
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, JANUARY 21,
1987, 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 an
easement located in the Northwest Quarter of the Northeast
Quarter of Section 28, Township 16 South, Range 11 East of the
Willamette Meridian, Deschutes County, Oregon 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.
BOARD OF COUNTY COMMISSIONERS
OF DE -S COUNTY, PIEGON
X��'7 C7, -"j 7t�' �' -
6, -"LOTS BPr_STOW _PR__A_N_T_E,__C_'bair
PUBLISHED in the ffBulletin":
POSTED: December 31, 1986
MAILED: December 19, 1986
December 31, 1986 and January 11,
1987