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1990-09821-Order No. 90-042 Recorded 4/12/1990REVI"_:WLED go -()982,L 8 7 3 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUN Y CM19RRL An Order Setting a Date for a Public Hearing to Consider the Vacation of N.W. Poplar Avenue (Formerly Nickernut) located in the Plat of Hidden Valley Mobile Estates No. I, located in Deschutes County, Oregon V.ICROMWEV M,Ay ORDER NO. 90-042 WHEREAS, the Deschutes County Engineer has presented the Board of County Commissioners of Deschutes County, Oregon, an Engineer's Report on the proposed vacation of N.W. Poplar Avenue (Formerly Nickernut) located in the Plat of Hidden Valley Mobile Estates No. I, 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 the Engineer's Report relating to the vacation o a certain dedicated public road known as a Portion of N.W. Poplar be accepted and hereby approved. Section 2. That on Wednesday, May 23, 1990 at 10:00 a.m. at the Deschutes County Courthouse Administrative Building, Bend, Oregon 97701, the Board will hold a hearing to determine whether the above-described public property, described in Exhibit "A", attached hereto and by this reference incorporated herein, should be vacated. Section 3. 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 4. 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 5. All public utilities and municipalities affected by th, proposed vacation shall be notified by Certified Mail, return receipt requested, at least 30 days prior to said hearing. Section 6. Notice of the hearing, in substantially the form marke( Exhibit "B", attached hereto and by this reference incorporated herein of such hearing shall be published at least twenty (20) days before, and within ten (10) days of the date of said hearing. 1 - ORDER NO. 90-042 0 V.ICROMWEV M,Ay ORDER NO. 90-042 WHEREAS, the Deschutes County Engineer has presented the Board of County Commissioners of Deschutes County, Oregon, an Engineer's Report on the proposed vacation of N.W. Poplar Avenue (Formerly Nickernut) located in the Plat of Hidden Valley Mobile Estates No. I, 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 the Engineer's Report relating to the vacation o a certain dedicated public road known as a Portion of N.W. Poplar be accepted and hereby approved. Section 2. That on Wednesday, May 23, 1990 at 10:00 a.m. at the Deschutes County Courthouse Administrative Building, Bend, Oregon 97701, the Board will hold a hearing to determine whether the above-described public property, described in Exhibit "A", attached hereto and by this reference incorporated herein, should be vacated. Section 3. 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 4. 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 5. All public utilities and municipalities affected by th, proposed vacation shall be notified by Certified Mail, return receipt requested, at least 30 days prior to said hearing. Section 6. Notice of the hearing, in substantially the form marke( Exhibit "B", attached hereto and by this reference incorporated herein of such hearing shall be published at least twenty (20) days before, and within ten (10) days of the date of said hearing. 1 - ORDER NO. 90-042 5 DATED this day of I'll-a7d 1990. S ATTE RecoMing Secretary 2 - ORDER NO. 90-042 1 0 0 - 1874 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON E EXHIBIT "A" *1 0 fit - 1875 That portion of N.W. Poplar Avenue (Formerly Nickernut) lying between the westerly right of way line of N.W. 38th Street and the westerly boundary line of the Plat of Hidden valley mobile Estates No. I as recorded in Cabinet A, Page 340 in the office of the County Clerk, Deschutes County, Oregon. 44 1 V j 00 - 1876 EXHIBIT "B" 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 HOLi A PUBLIC HEARING ON WEDNESDAY, MAY 23, 1990, AT 10:00 A.M. IN THE DESCHUTES COUNTY COURTHOUSE ADMINISTRATIVE BUILDING, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEA' 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 N.W. Poplar Avenue (Formerly Nickernut) located in the Plat of Hidden Valley Mobile Estates No. I, located in Deschutes County be vacated. Persons interested in obtaining more detailed information or a map of the proposed vacation may contact the Deschutes County Public Works Department, 61150 S.E. 27th Street, Bend, Oregon, (503) 388-6581. ORS 368.326 to 368.366 provides authority for road vacation. BOARD OF OUNTY COMMISSIONERS DESCHUTE COUNTY, OREGON TOM THROOP, Chairman PUBLISHED: May 3, 1990 and may 13, 1990 The Bulletin may 2, 1990 and may 9, 1990 The Redmond Spokesman POSTED: May 3, 1990 MAILED: April 23, 1990 .Ar 10 0 - 18 7 7 ENGINEER'S REPORT FOR PUBLIC ROAD VACATION DATE: APRIL 3, 1990 TO: BOARD OF COUNTY COMMISSIONERS FROM: DESCHUTES COUNTY ENGINEER SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A PORTION OF N.W. POPLAR AVENUE (FORMERLY NICKERNUT) LOCATED IN THE PLAT OF HIDDEN VALLEY MOBILE ESTATES NO. I, DESCHUTES COUNTY, OREGON. Property proposed for vacation is owned by the public and has not been used for road purposes. 2. It is the Engineer's assessment that the proposed vacation is in the public interest because: The right of way is not needed and can be incorporated into the adjoining lots and property taxes can be assessed. 3. The following other pertinent facts were considered in making this report: The utility companies do not have any facilities in the right of way so a reservation for utility easement is not necessary. DAVE HOERNING