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1992-37599-Order No. 92-114 Recorded 11/4/1992RE11 1E L COJN54L 923'7599 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTi1, R GON r - An Order Setting a Date for a Public Hearing to Consider the Vacation of Sisemore Road and Ponderosa Cascade Drive, * 0119-1on located in Deschutes County, Oregon. ORDER NO. 92-114 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 Sisemore Road and Ponderosa Cascade Drive, located in Deschutes County, Oregon, recommending denial of the 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 certain dedicated public roads known as a portion of Sisemore Road and Ponderosa Cascade Drive, be accepted. Section 2. That on Wednesday, December 9, 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. 1 - ORDER NO. 92-114 0119-1296 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. AT ST O� R16bording Secret y 2 - ORDER NO. 92-114 BOARD OF CPUNTY COMMISSIONERS OF DESCWS COUNTY, OREGON TOM THR OOP, COMMISSIONER A-V- & t /j, /- � NANCY]�/' POP� SCH ((,L,ANGEN, COMMISSIONER -'e' EXHIBIT "A" Sisemore Road That portion of Sisemore Road shown on Cascade as platted on the official plat A, Page 577 of the plat records in the Clerk, Deschutes County, Oregon, south the southern right of way line of Varco area on Exhibit "B" shows this area. 0119-129'7 the plat of Ponderosa recorded in Cabinet Office of the County of the projection of Road. The hatched Ponderosa Cascade Drive That portion of Ponderosa Cascade Drive shown on the plat of Ponderosa Cascade as platted on the official plat recorded in Cabinet A, Page 577 of the plat records in the Office of the County Clerk, Deschutes County, Oregon, east of the projection of the eastern boundary of the common area coincident with the eastern boundary of Block 1 of Ponderosa Cascade. The cross hatched area on Exhibit "B" shows this area. 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. 0119-1298 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 9, 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 Sisemore Road and Ponderosa Cascade Drive 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 DICK MAUDLIN, Chairman PUBLISHED: November 19, 1992 and November 29, 1992 POSTED: November 19; 1992 MAILED: November 9, 1992 0119-1299 ENGINEER'S REPORT FOR PUBLIC ROAD VACATION DATE: OCTOBER 21, 1992 TO: BOARD OF COUNTY COMMISSIONERS FROM: DESCHUTES COUNTY ENGINEER SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A PORTION OF SISEMORE ROAD AND PONDEROSA CASCADE DRIVE, DESCHUTES COUNTY, OREGON. The Ponderosa Cascade Homeowners Association and Ed Adams (owner of the parcel of land to the east of Ponderosa Cascade) petitioned the County to vacate a portion of Sisemore Road and Ponderosa Cascade Drive. The Public Works Department sent out preliminary vacation notices to all utilities in the area, the Community Development Department and the County Property Management Specialist. Based upon the preliminary notification response and the Department's review of the proposed vacation, the staff has prepared the following report: 1. Property proposed for vacation is owned by the Public and is used for the following: There is an existing cinder road within the right of way as shown on the attached map. This road continues across private property and connects to Sisemore Road. 2. It appears this property does not provide access to public lands, rivers, streams or natural features. The County Property Management Specialist reviewed the proposed vacation, and found no abutting public lands, and no loss of public resources created by the vacation. 3. It is the Engineer's assessment that the proposed vacation is not in the public interest: At the time that Ponderosa Cascade Subdivision was platted, in 1972, the developer was required by the County to dedicate right of way for the future realignment of Sisemore Road. This alignment still makes sense as it provides a direct route to Highway 20, connecting Sisemore Road to Gist Road. Additional right of way would have to be acquired across private land to complete this connection. Sisemore Road also provides a second access for the residents within Ponderosa Cascade Subdivision. 0119-1300 These roads provide logical access for possible future development in the surrounding area. By vacating these roads, the County would be limiting the future options for transportation system development in this area. The County Planning Department has verbally indicated that they are in concurrence with the Public Works assessment of this vacation. 4. The following other pertinent facts this report: Central Electric Co-op Systems both have utility facilities proposed vacation, and would require retained across the property if this STAFF RECOMMENDATION: DENY REQUEST TOM BLUST, COUNTY ENGINEER were considered in making and Sun Mountain Water lying within the an easement to be is vacated.