1991-35769-Order No. 91-127 Recorded 11/7/199135769
BEFORE THE BOARD OF`'COUNTY COMMISSIONERS
I_ _ _ PEVIEWED
j
0108 00'78
Of DESCHU?ROVQT 9&5GON
An Order Setting a Date for * "r Y SUE PENH0LLiJ
a Public Hearing to Consider * COUNTY CLERK
the Vacation of a portion of
Tumalo Reservoir Market Road,
located in Deschutes County,
Oregon.
ORDER NO. 91-127
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 a portion of Tumalo Reservoir Market 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 Tumalo Reservoir
Market Road be accepted and hereby approved.
Section 2. That on Wednesday, December 18, 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
proposed vacation shall be notified by Certified Mail, return receipt
requested, at least 30 days prior to said hearing.
KEY NCHED
1 - ORDER NO. 91-127
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0108 00'79
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.
DATED this _ day of , 1991.
A2ET
ecor
2
2 - ORDER NO. 91-127
BOARD OF C UNTY COMMISSIONERS
OF DESCH S COUNTY, OREGON
T ROOP, MMISSI NEP ,,
YPf SD \ --7 -I N, COMMISS
DICK MAUDLIN, CHAIRMAN
M.-
EXHIBIT "A"
VACATION DESCRIPTION FOR A PORTION OF TUMALO RESERVOIR ROAD
A parcel of land, located in the E 1/2, N 1/2, NE 1/4,
NE 1/4 of Section 1 of Township 17 South, Range 11 East
W.M., Deschutes County, Oregon being more particularly
described as follows:
Commencing at the #5 Iron Rod that marks the SE corner
of said E 1/2, N 1/2, NE 1/4, NE 1/4 of Section 1; thence
North 890 55' 20" West 20.58 feet to a yellow plastic cap
stamped SCE & S on #5 rebar; thence North 000 05' 32" West
419.67 feet along the westerly right of way of Tumalo
Reservoir Market Road to the POINT OF BEGINNING; thence
330.02 feet along the arc of a 210.49 radius curve to the
left, the long chord of which bears North 450 00' 32" West
297.24 feet; thence South 890 55' 32" East 169.88 feet along
the present day southerly right-of-way of Tumalo Reservoir
Road; thence 56.75 feet along the arc of a 270.49 foot
radius curve to the right, the long chord of which bears
South 450 00' 31" East 56.65 feet; thence South 000 051 32"
East 169.88 feet along the westerly right of way of Tumalo
Reservoir Road to the Point of Beginning. Contains 0.20
Acres more or less.
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 0081
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 DECEMBER 18, 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
portion of Tumalo Reservoir Market
vacated.
a Petition requesting that a
Road located in Deschutes County be
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
DESCHUT S COU TY OREGON
DICK MAU LIN, Chairman
PUBLISHED: November 27, 1991 and December 6, 1991
POSTED: November 27, 1991
MAILED: November 10, 1991
0108 0082
ENGINEER'S REPORT FOR PUBLIC ROAD VACATION
DATE: OCTOBER 29, 1991
TO: BOARD OF COUNTY COMMISSIONERS
FROM: DESCHUTES COUNTY ENGINEER
SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A
PORTION OF TUMALO RESERVOIR MARKET ROAD, DESCHUTES
COUNTY, OREGON.
1. Property proposed for vacation is owned by the
public and is used for the following: The roadway
was abandoned following the realignment of the
Tumalo Reservoir Road and Baily Road intersection.
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 it is no
longer needed for roadway purposes and can be placed
on the tax rolls.
4. The following other pertinent facts were considered
in making this report: U.S. West Communications and
Tumalo Irrigation District have facilities lying
within the proposed vacation, a reservation for
utility easements is included in the vacation.
TOM BLUST, COUNTY ENGINEER