1992-40358-Order No. 92-133 Recorded 11/25/1992) NP -1.1 25 P11 30
BEFORE_ THE BOARD OF COUNTY
A 0 d'6fL8eikting a Date for
a Public Hearing to Consider
the Vacation of a Portion of
Ferguson Road, located in
Deschutes County, Oregon
92-40358
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COMMISSIONERS OF DESCHUTES COUNTY, OREGON
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ORDER NO. 92-133
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 Ferguson 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 Ferguson Road be
accepted and hereby approved.
Section 2. That on Wednesday, January, 6, 1993, 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. 92-133
P CHER
OE 1992
C;TJ
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 .&-th day of Y 1992.
BOARD OF POUNTY COMMISSIONERS
OF DESCHU ES COUNTY, OREGON
TOHROOP,7IS:M
AT S"-'� A � I A C),
NANCYPO E GEN, COffMISSIP9ER
Recording Secretary �• �� /,jj
(ZHAI RMAN
2 - ORDER NO. 92-133
EXHIBIT "A"
0-179-1583
Two parcels of land located in the Southeast 1/4 of the Southeast 1/4
of Section 10, Township 18 South, Range 12 East, Willamette Meridian,
Deschutes County, Oregon, more particularly described as follows:
Parcel #1:
Beginning at a 3" Brass Cap marking the southeasterly section corner of
said Section 10 thence North 44° 46' 52" West, 28.22 feet; thence North
000 20' 48" East, 241.89 feet; thence northerly along the westerly
right-of-way line of 27th Street (80 feet wide) along a curve concave
easterly with a radius of 1472.43 feet through a central angle of 06°
32' 21" an arc distance of 168.05 feet (Chord bears North 05° 50' 16"
West, 167.96 feet) to the TRUE POINT OF BEGINNING of this description;
Thence continuing along said curve through a central angle of 020 36'
54" an arc distance of 67.20 feet (chord bears North 01° 15' 40" West);
thence leaving the said westerly right-of-way line of 27th Street South
61° 59' 04" West, 322.42 feet; Thence along a curve concave westerly
with a radius of 180.00 feet through a central angle of 480 11' 23" an
arc distance of 151.39 feet (chord bears South 37° 53' 23" West 146.97
feet); thence North 610 59' 04" East, 426.34 feet to the westerly
right-of-way line of 27th Street and the TRUE POINT OF BEGINNING.
Containing 0.48 acres more or less.
Parcel #2:
Beginning at a 3" Brass Cap marking the southeasterly section corner of
said Section 10 thence North 440 46' 52" West, 28.22 feet; thence North
000 20' 48" East, 10.00 feet; thence North 890 54' 33" West, 829.28
feet to the TRUE POINT OF BEGINNING of this description;
Thence along a curve concave northerly with a radius of 1975.37 feet
through a central angle of 04° 39' 10" an arc distance of 160.42 feet
(chord bears North 69` 49' 10" East, 160.37 feet); thence along a curve
concave easterly with a radius of 166.53 feet through a central angle
of 46° 00' 51" an arc distance of 133.74 feet (Chord bears North 38°
58' 39" East, 130.17 feet); thence North 61° 58' 59" East 67.33 feet;
thence along a curve concave northerly with a radius of 1915.37 feet
through a central angle of 140 39' 03" an arc distance of 489.77 feet
(chord bears South 690 23' 02" West, 488.44 feet) to the easterly
right-of-way line of Mt. Vista Drive; thence southerly along said right
of way South 120 05' 53" East, 16.27 feet; thence leaving said
right-of-way South 890 54' 33" East 161.90 feet to the TRUE POINT OF
BEGINNING. Containing 0.40 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.
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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 WEDNESDAY, JANUARY 6, 1993, 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,
215 REQUIRES THAT IF YOU
LIENHOLDER, VENDOR OR SELLER:
ECEIVE THIS NOTICE, IT MUST F
FORWARDED TO THE PURCHASER.
ORS CHAPTER
Deschutes County has received a Petition requesting that a
portion of Ferguson 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
DK MAUDLIN, Chairman
PUBLISHED: December 10, 1992 and December 20, 1992
POSTED: December 10, 1992
MAILED: November 30, 1992
ENGINEER'S REPORT FOR PUBLIC ROAD VACATION
DATE: NOVEMBER 16, 1992
TO: BOARD OF COUNTY COMMISSIONERS
FROM: TOM BLUST, DESCHUTES COUNTY ENGINEER
SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A
PORTION OF FERGUSON, DESCHUTES COUNTY, OREGON.
1. Property proposed for vacation is owned by the
public and is used for the following: This portion
of Ferguson Road has been realigned and the
described right of way is no longer needed for
roadway 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 it is no
longer needed for roadway purposes and can be put on
the County tax rolls.
4. The following other pertinent facts were considered
in making this report: U.S. West Communications and
Cascade Natural Gas both have facilities lying
within the proposed vacation and will require a
utility easement to be reserved for their
facilities.
The approval of this vacation is a condition of the
final approval for the Ferguson Court Phase II
Subdivision, which has received tentative approval;
Findings and Decision File: TP -92-765, dated
February 21, 1992.
Both the Public Works Department and the Community
Development Department have reviewed the proposed
vacation, and recommended the approval of the
vacation contingent upon the approval and filing of
the final plat for the said subdivision.