1991-09170-Order No. 91-048 Recorded 4/8/1991A
REVIEWED
91-()9170 COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Setting a Date for * 0106 0718
a Public Hearing to Consider * ,.,
the Vacation of a portion of the
C.B. Swalley Road located in * V, Vic�i ti
Deschutes County, Oregonco
*.G;
ORDER NO. 91-048
WHEREAS, the Deschutes County Engineer has presented the �B0'ar�? of
County Commissioners of Deschutes County, Oregon, an Engineer's", eport
on the proposed vacation of a portion of the C.B. Swalley 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 the Engineer's Report relating to the vacation of
a certain dedicated public road known as a portion of the C.B. Swalley
Road be accepted and hereby approved.
Section 2. That on Wednesday, May 15, 1991, at 10:00 a.m. at the
Deschutes County Juvenile Justice Center, Conference Room "A", 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 the
propose 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 marked
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. 91-048
,; Er, - r,
E
0106 0`19
DATED this day of _ 1991.
BOARD OF COUNTY COMMISSIONERS
OF DESCHgTES COUNTY, OREGON
-4i
T M THROOP COMMIS IONER
A T ST A
NANCi Y�O E ANGELA, COMMIS��
Recording Secretary i_
2 - ORDER NO. 91-048
,-CHAI
0106 0'720
EXHIBIT "A"
VACATION DESCRIPTION
A Portion of the C.B. Swalley Road
A portion of the C.B. Swalley Road as established by order of
the Crook County Commissioners and recorded in Commissioners'
,journal Book #5, page 242 dated May 9, 1914 and described in
the Surveyor's Road Record Book, pages 366-368 on file at the
Deschutes County Public Works Department being 60 feet in
width and more particularly described as follows:
That portion of the C.B. Swalley situated in the West 1/2 of
the Northwest 1/4 of Section 21, the Northeast 1/4 of the
Northeast 1/4 of Section 20 and the South 1/2 of Section 17,
all being in Township 16 South, Range 12 East, Willamette
Meridian Deschutes County, Oregon.
0106 0'721
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 HOLD
A PUBLIC HEARING ON MAY 15, 1991, AT 10:00 A.M. IN THE DESCHUTES COUNTY
JUVENILE JUSTICE CENTER, CONFERENCE ROOM "A", 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
the C.B. Swalley Road 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 COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
'46CK MAUDLIN, Chairman
PUBLISHED: April 25, 1991 and May 5, 1991
POSTED: April 25, 1991
MAILED: April 15, 1991
0106 0'22
ENGINEER'S REPORT FOR PUBLIC ROAD VACATION
DATE: MARCH 26, 1991
TO: BOARD OF COUNTY COMMISSIONERS
FROM: DESCHUTES COUNTY ENGINEER
SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A
PORTION OF THE C.B. SWALLEY ROAD LOCATED IN W 1/2
NW 1/4 SECTION 21; NE 1/4 NE 1/4 SECTION 20 AND S
1/2 SECTION 17 ALL IN TOWNSHIP 16 SOUTH, RANGE 12
EAST, DESCHUTES COUNTY, OREGON.
1. Property proposed for vacation is owned by Deschutes
County as a sixty foot public right of way and is
not being utilized as a road right of way.
2. it is the Engineer's assessment that the proposed
vacation is in the public interest as the portion of
alignment being vacated is not used and crosses
several parcels of private land.
3. The following other pertinent facts were considered
in making this report: This vacation will remove
any cloud on the private parcels title.
DAVE HOERNING, COUN ENGINEER