1991-33098-Order No. 91-132 Recorded 11/5/199191-33091 ''XCC
''BEFORE THEBOARD OF COUNTY COMMISSIONERS OF DESCHUTES C UNTY-,-NAn Order Vacating portions of ^rp�EL�
Vandevert Road, Powell Buttes -
Paulina Creek Road and C.B. Allen * CI
Road, located in Section 17, *^
Township 20 South, Range 11 East, * -a 01
W.M., in Deschutes County, Oregon * �r
f'
ORDER NO. 91-132
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WHEREAS, certain property owners have filed a petition,(,='ai=py
of which is attached hereto as Exhibit "A" and by this reference
incorporated herein, with the Board of County Commissioners of
Deschutes County, Oregon requesting the vacation of portions of
Vandevert Road, Powell Buttes - Paulina Creek Road and C.B. Allen
Road, described in Exhibit "B" attached hereto and by this reference
incorporated herein; and 0108 0063
WHEREAS, the signatories to that petition constitute 100
percent of the owners of property abutting said portion of Vandevert
Road, Powell Buttes - Paulina Creek Road and C.B. Allen Road; and
WHEREAS, the County Road Official has filed with the Board of
County Commissioners a written report, attached hereto as Exhibit
"C" and by this reference incorporated herein, stating that the
proposed vacation is in the public interest; and
WHEREAS, the Board finds that it is in the public interest to
vacate the public property; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the property, described in Exhibit "B",
attached hereto and by this reference incorporated herein, is hereby
vacated.
Section 2. That the Deschutes County Surveyor is directed to
mark the plat, if any, as provided in ORS 271.230.
Section 3. That this Order shall be recorded with the
Deschutes County Clerk and copies shall be filed with the Deschutes
County Surveyor and County Assessor.
DATED this &'01 day of
A EST:
Recording Secretary
KEYP� EU
ORDER NO. 91-132
1991.
BOARD OF OUNTY COMMISSIONERS
NAV
OF DES ES COUNTY, OREGON
T R 0 COMM SS ONER nn
A CY P NG N, CO IONER
7
MA LI , C IRMAN
JE -X#1491 T
0108 0064
October 22, 1991
DESCHUTES COUNTY
PUBLIC WORKS DEPARTMENT
ATTENTION TOM BLUST
61150 SE 27TH AVENUE
BEND OR 97702
Re: South Century Drive / Vandevert Ranch
We are the owners of the property known as Vandevert Ranch
located on South Century Drive at Vandevert Road.
We have received approval for the development of a 21 lot
subdivision known as Vandevert Ranch and tentative plan approval
for Vandevert Ranch Phase I.
One of the conditions of approval was the vacation of a portion
of South Century Drive not contained within the actual right of
way of South Century Drive as shown on the proposed plat.
As the landowners, we hereby request that the Public Works
Department commence vacation proceedings to vacate that portion
of South Century Drive that is not within the right of way of
South Century Drive as shown on the plat of Vandevert Ranch Phase
I as prepared by David Evans & Associates. The description of
the road to be vacated is attached hereto as Exhibit "A", and by
this reference incorporated herein.
Enclosed please find the fee of $500.00 to commence vacation
proceedings.
If you have any questions, please feel free to contact our
surveyor, David Bateman of David Evans & Associates, our
attorney, Robert S. Lovlien, or ourselves.
you for your cooperation.
--o
ES A. GARDN CAROLNER
17600 Vande Road 17600 Vandevert Road
Bend, OR 97707 Bend, OR 97707
0108 0065
STATE OF OREGON, County of Deschutes, ss:
l T e foregoing instrument was acknowledged before me this
day of October, 1991, by JAMES A. GARDNER and CAROL
G DNER. % l t
OFFICIAL SE�,L
DARL. N GRA,;1fi30TH Notary Public for
_ h"19T;SY PU`L'C-0P,1_001N My Commission Expi s
C01",MISSIUN NO. 0100
MY COMMfSSION EXPIP,ES OCT. 8, 1955
The undersigned hereby acknowledge that they have no utilities
within the right of way proposed to be vacated by James A.
Gardner and Carol Gardner, owners of Vandevert Ranch.
MIDSTATE ELECTRIC COOP U. S. WEST
By By
EXHIBIT "B" 0108 0
066
ROAD VACATION DESCRIPTION FOR
VANDEVERT ROAD, POWELL BUTTES - PAULINA CREEK - C.B. ALLEN ROAD
VANDEVERT ROAD:
That portion of Vandevert Road lying within the West 1/2 of the Southwest
1/4 of Section 17, Township 20 South, Range 11 East of the Willamette
Meridian, Deschutes County, Oregon, and lying west of the westerly right of
way line of South Century Drive.
SUBJECT TO the reservation of a utilities easement in and upon all of the
property; for the purposes of continuing, constructing, installing,
maintaining, repairing, reconstructing, replacing, enlarging and altering;
wires, poles, pipes, lines, structures, casings supports, equipment,
facilities and appurtenances; at the present and in the future; necessary
or convenient; to Deschutes County, a political subdivision of the State of
Oregon, its agents, licensees and permittees; forever.
POWELL BUTTES - PAULINA CREEK ROAD:
That portion of the Powell Buttes - Paulina Creek Road lying within the
West 1/2 of the Southwest 1/4 of Section 17, the West 1/2 of the Northwest
1/4 of Section 20, Township 20 South, Range 11 East of the Willamette
Meridian, Deschutes County, Oregon, and lying west of the westerly right of
way line of South Century Drive.
SUBJECT TO the reservation of a utilities easement in and upon all of the
property; for the purposes of continuing, constructing, installing,
maintaining, repairing, reconstructing, replacing, enlarging and altering;
wires, poles, pipes, lines, structures, casings supports, equipment,
facilities and appurtenances; at the present and in the future; necessary
or convenient; to Deschutes County, a political subdivision of the State of
Oregon, its agents, licensees and permittees; forever.
C.B. ALLEN ROAD:
That portion of the C.B. Allen Road lying within the West 1/2 of the
Southwest 1/4 of Section 17, the West 1/2 of the Northwest 1/4 of Section
20, Township 20 South, Range 11 East of the Willamette Meridian, Deschutes
County, Oregon, and lying west of the westerly right of way line of South
Century Drive.
SUBJECT TO the reservation of a utilities easement in and upon all of the
property; for the purposes of continuing, constructing, installing,
maintaining, repairing, reconstructing, replacing, enlarging and altering;
wires, poles, pipes, lines, structures, casings supports, equipment,
facilities and appurtenances; at the present and in the future; necessary
or convenient; to Deschutes County, a political subdivision of the State of
Oregon, its agents, licensees and permittees; forever.
0108 0667
EXHIBIT "C"
ENGINEER'S REPORT FOR PUBLIC ROAD VACATION
DATE: OCTOBER 24, 1991
TO: BOARD OF COUNTY COMMISSIONERS
FROM: DESCHUTES COUNTY ENGINEER
SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A
PORTION OF VANDEVERT ROAD, C.B. ALLEN ROAD, AND
POWELL BUTTES - PAULINA CREEK ROAD, DESCHUTES
COUNTY, OREGON.
1. Property proposed for vacation is owned by the
Public and has been abandoned and is not being used
for road purposes.
2. It appears this property does not provide access to
public lands, rivers, streams or natural features.
3. It is the Engineer's assessment that the proposed
vacation is in the public interest as the right of
way is no longer being used and the property can be
put on the tax rolls.
4. The following other pertinent facts were considered
in making this report: A utility easement has been
reserved across the right of way for existing
facilities.
TOM BLUST, COUNTY ENGINEER
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