1993-05571-Resolution No. 93-002 Recorded 2/11/1993BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
REVIEWED`�
LEG COHSEL
DESCHUTES COUNTY, OREGON
A Resolution Accepting a Petition * ►�y
to Vacate a portion of Blue Eagle * � ,
Road located in Vandevert Acres
South Subdivision Deschutes County,
Oregon, Declaring the Deschutes * �,
County Board of Commissioner's *?
intent to Vacate Said Road *'
Describing the Property Proposed to * `r
be Vacated, the Reasons for the
Vacation, and Referring the Petition
to the Engineer for a Report. * r i4
93-05571
RESOLUTION NO. 93-002
WHEREAS, Tracy Libby, Secretary for Vandevert Acres South
Homeowners Association, petitioned the Board of County Commissioners of
Deschutes County, Oregon, to vacate a portion of Blue Eagle Road,
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 portion of Blue
Eagle Road 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 /01)., day of� 1993.
BOARD OF COUNTY COMMISSIONERS Kai NC�iE
OF �DE� TES COUNTY, OREGON
ATTEST:
C�k�-mac►�7'f7f-.0 ANCY PO S N, COMM SSIONER
Recording Secretary
B. 10
H. SLAUGHTER, COMMISSIONER
1 - RESOLUTION NO. 93-002 "'''
EXHIBIT "A"
LEGAL DESCRIPTION FOR THE VACATION OF
A PORTION OF BLUE EAGLE ROAD
A portion of Blue Eagle Road as shown on the plat of
Vandevert Acres South as filed in Plat Cabinet B, Page 530
in the Deschutes County Clerk's Office and being more
particularly described as follows:
Beginning at the northwest corner of Lot 1 Block 19 of said
Vandevert Acres South; thence South 000 30' 10" West 150.00
upon the west line of said Lot 1; thence continuing
southerly upon the projection of said west line to the
south boundary of said Vandevert Acres South; thence North
890 55' 17" West 60.00 feet to an intersection with the
southerly prolongation of the east line of Lot 1 Block 20 of
said Vandevert Acres South; thence North 00° 30' 10" East
upon the southerly prolongation of said east line to the
southeast corner of said Lot 1 Block 20; thence North 00°
30' 10" East 150.00 feet to the northeast corner of said Lot
1 Block 20; thence South 89° 29' 50" East 60.00 feet to the
northwest corner of said Lot 1 Block 19 being the terminus
of this description.
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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TO:
FROM:
DATE:
TEs c
Y t tic) r-
71 Department of
A ki� A Public Works
61150 S.E. 27th St. / Bend, OR 97702 / (503) 388-6581
FAX (503) 388-2719
MEMORANDUM
Board of County Commissioners
Tom Blust, County Engineer
February 2, 1993
M
SUBJECT: Engineer's Report relating to the vacation of a portion of Blue Eagle Road.
The Department of Public Works received a petition, from several residents within
the Vandevert Acres South Subdivision, requesting the vacation of a portion Blue
Eagle Road lying within Vandevert Acres South.
All of the roads within Vandevert Acres South were originally private roads under
the ownership of the Vandevert Acres South Homeowners Association. All of Blue
Eagle Road lying within Vandevert Acres South was dedicated to the public by the
Homeowners Association on August 26, 1992, to enable the Vandevert Acres
Special Road District to legally maintain the road. Apparently the intention of the
Homeowners Association at that time was to only dedicate Blue Eagle Road from
Old Wood road to Guelfi Road and not to dedicate the portion lying_ south of
Guelfi Road, since there is not an improved road in this portion of right-of-way.
The
The homeowner's request for the vacation is intended to rectify this situation, and
enable the Homeowners Association to maintain some control over the access to
the roads within the subdivision.
The Department mailed preliminary notices of the proposed vacation to the area
residents, local utility companies, Forest Service, Deschutes County Community
Development Department, Deschutes County Property Management Specialist, and
the LaPine Rural Fire Protection District.
Based on the Departments research of the proposed vacation, the staff has
prepared the following:
1. Property proposed for vacation has been dedicated and to the public and
accepted by the County as a public road right-of-way. This portion of
right-of-way is vacant land and is not currently being used for road purposes.
2. It appears that this property does provide access to public lands under the
jurisdiction of the U.S. Forest Service.
Engineer's Report
Page 2
3. It is the Engineer's recommendation that the Board deny the vacation as this
public right-of-way does provide access to public lands and provides a
secondary access for emergencies. As an alternate to the vacation, the
Department would recommend that the Board consider granting a gate
permit for this portion of road. The gate permit would enable the
Homeowners Association to install and maintain a gate to control access to
the roads within the subdivision.
4. The following other pertinent facts were considered in making this report:
Mid -State Electric Cooperative, Inc. would like to retain an easement for
their facilities across this right-of-way in the event that it is vacated.