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1992-26847-Order No. 92-082 Recorded 8/13/1992REVIEWED 92-2684'7 92-26702 LEa, , CcUNSEEL `2 s f ' BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES� 6&lggT OREGON An Order Setting a Date for�# I i��;S a Public Hearing to Consider 273 - 1347 the Vacation of a portion of 11th Street (Terrebonne), located in Deschutes County, Oregon * 4110-.0316 ORDER NO. 92-082 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 11th Street (Terrebonne), 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 11th Street be accepted and hereby approved. Section 2. That on Wednesday, September 23, 1992, 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. tAiC-,GFiLMED '. C H ED 1 - ORDER NO. 92-082 d,oUNIy FILA. 1348 0119-031`7 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 , 1992. BOARD OF COUNTY COMMISSIONERS OF DESCH TES COUNTY, OREGON M HR00 COMMIS IONER TE T: fi-A-NCY , PLV ffLANGEN, COMMISPI ER Recording Secretary IN," CIHAI 2 - ORDER NO. 92-082 EXHIBIT "A" VACATION DESCRIPTION A PORTION OF 11TH STREET IN HILLMAN (TERREBONNE) 273 . 1349 0119-0318 A parcel of land situated within the boundaries of "Hillman" - a subdivision plat recorded in Crook County on November 23, 1909 and also being a portion of the -SW 1/4 NE 1/4 of Section 16 of Township 14 South, Range 13 E.W.M., Deschutes County, Oregon and being more particularly described as follows: That portion of 11th Street as shown on the said plat of Hillman, which lies easterly of the Old Dalles-California Highway and lies between "F" and "G" Avenues, together with that portion of "G" Avenue as shown on the said plat of Hillman, which lies between the northwest corner of Block 102 of Hillman and the southwest corner of Block 101 of Hillman and lies easterly of the Old Dalles California Highway. 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. 273 - 1350 0119-0319 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 SEPTEMBER 23, 1992, 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 11th Street (Terrebonne) 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 DESCHU ES COUNTY, OREGON CK MAUDLIN, hairman PUBLISHED: September 3, 1992 & September 13, 1992 POSTED: September 3, 1992 MAILED: August 24, 1992 273 1351 0119-0320 ENGINEER'S REPORT FOR PUBLIC ROAD VACATION DATE: August 4, 1992 TO: BOARD OF COUNTY COMMISSIONERS FROM: DESCHUTES COUNTY ENGINEER SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A PORTION OF 11TH STREET IN TERREBONNE, DESCHUTES COUNTY, OREGON. 1. Property proposed for vacation is owned by Deschutes County and is used for the following: This portion of right of way is not being used for roadway purposes, and since 11th Street to the North, and "G" Street to the South have both been previously vacated, this right of way has no potential future use. 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 not needed for road purposes and can be put back on the County's tax rolls. 4. The following other pertinent facts were considered in making this report: Central Electric Cooperative, Terrebonne Water District, and U.S. West Communications have facilities lying within the proposed vacation. A utility easement will be reserved through this property for these facilities. TOM BLUST, C UNTY ENGINEER 273 1352 0119-0321 STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) 1, MARY SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT HE WITHIN INSTRUMENT WAS RECORDED THIS DAY BY DEPUTY 2-26702 FEE- DESCHUTES COUNTY OFFICIAL RECORDS