1993-03836-Resolution No. 93-003 Recorded 2/4/199393.03836 _r "
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE
REVi vw D
-OREGON
A Resolution Accepting a
Petition to Vacate a portion of * o�2Q...����
A Dedicated Public Right of Way * V v `3
Lying Within Lot 22 of Blakely
Heights Subdivision located in
Deschutes County, Oregon,
Declaring the Deschutes County * -,
Board of Commissioner's intent to
Vacate Said Road, Describing the * a
Property Proposed to be Vacated,
the Reasons for the Vacation, and
Referring the Petition to the
Engineer for a Report.
RESOLUTION NO. 93-003
WHEREAS, Craig Stone, David W. Truslow, William Bundy and Marjorie
Uber petitioned the Board of County Commissioners of Deschutes County,
Oregon, to vacate a portion of a Dedicated Public Right of Way Lying
Within Lot 22 of Blakely Heights Subdivision, located in Deschutes
County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be
in the public interest to consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That it is the intent of the Board of County
Commissioners of Deschutes County, Oregon, to vacate a Dedicated Public
Right of Way Lying Within Lot 22 of Blakely Heights Subdivision
described in Exhibit "A", attached hereto and by this reference
incorporated herein, because it appears the road is no longer needed for
public use, and will not be needed in the future.
Section 2. That the County Engineer shall file an Engineer's
Report with the Board of Commissioners, describing the ownership and
uses of property to be vacated, and whether the vacation would be in the
public interest, within fourteen (14) days of the date of this
Resolution.
DATED this 3-.rk day of , 1993.
BOARD OF COUNTY COMMISSIONERS KEY CHER
OF DE UTES COUNTY, OREGONr
FE.55 ;993
ATTEST:
Recording Secretary
B. H. SLAUGHTER, COMMISSIONER
1 - RESOLUTION NO. 93-003
0120-0642
EXHIBIT "A"
Description of road right-of-way to be vacated:
That certain real property dedicated for public roadway
purposes on March 16, 1978, recorded in Volume 269, Page
692, filed in the official records of the County Clerks
Office, Deschutes County Oregon, said property described as
follows:
The Easterly 25.56 feet of the Westerly 334.20 feet of Tract
22, Blakely Heights, Deschutes County, Oregon.
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.
602
606
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0120 -0643 -
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01?9"0644
ENGINEER'S REPORT FOR PUBLIC ROAD VACATI
DATE: JANUARY 26t 1993
TO: BOARD OF COUNTY COMMISSIONERS
FROM: DESCHUTES COUNTY ENGINEER
SUBJECT: ENGINEER'S REPORT RELATING TO THE VACATION OF A
DEDICATED PUBLIC RIGHT OF WAY LYING WITHIN LOT 22
OF BLAKELY HEIGHTS SUBDIVISION, DESCHUTES COUNTY,
OREGON.
The department of Public Works received a petition, from the abutting
property owners, to vacate the public road right of way as described on
the attachment. This vacation was initiated by Wal-Mart Stores, Inc.
as a part of their planned store construction project on this site.
The Department sent out preliminary notices to the Community
Development Department and all utilities in the area. 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 Deschutes
County and is used for the following: There is an
existing dirt road within the right of way serving
several parcels lying south of Blakely Road.
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 only if these
parcels are consolidated under one ownership as
proposed by Wal-Mart. Final action on this vacation
should not occur until Wal-Mart Stores, Inc. has
purchased the parcels and the land use application
for the proposed store has been approved.
4. The following other pertinent facts were considered
in making this report: Arnold Irrigation District
has facilities lying within the proposed right of
way vacation. An easement will be retained for
these facilities and Wal-Mart shall meet all of
Arnold Irrigation Districts requirements for piping
and/or relocation of their facilities.
The Department of Public Works recommends the Board of County
Commissioners approval of this vacation if the conditions, outlined
in Items 3 and 4 above, are met.
"� le��
TOM BLUST, COUNTY ENGINEER