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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. I SET Z" GAL IIWM PIPE. L N Oq°56'32"E ��132G2a fU�I.56'32"E • 301.5q 301.55 301.55 Igyp' 301.5q 301.59 � Z LDT BLOCK 16 g °oJ D UI z 13 LOCK IQ Z LDT 2 BLOCK M f , p, -' n o ON Y r e �A LDT 1 D W LW g ,l4'. l 0..' _. LOT N LOT 1 ° 301 b2 --lo c LOT Z 0 Lw LOT 1 �o 301. !02 o � o D L, -4 m o m � IU 2A * 2-q' 50" W 301.56 301.56 _ '501.50 '501.50 O U, 0 N 09.29' SO' W MiTdi►iNNO N aq°Zq' SO" W X50'1.62 301.5q 301.59 aLOCX 19) 8 -5SO Z LDT BLOCK 16 g °oJ D UI W a o LDT 2 301.67 LDT 1 D W °o� 0_ _. m 301 b2 0 0 301. !02 N 0q° 2q'50" W X50'1.62 Z aLOCX 19) 8 -5SO 8 LOT 1 LDT LDS - 3 0 g °oJ g o 0 rn N 89.29' 50"W �o LOT Ll o O� rn 301.6T N Oq•29' fo0'3: -501.62 �! FIUD 5/e," I itORJ R U,gPROF SWoa p I E I w LAz N 89029'50" W 301.50 -5015% C BLOCK. 15 Z W N W U1 W O 0 q LnIS 2 � LOT 1 L D 80 o. a _ X501. Sb n 301.Sb GRJa& ROAD N 6q° 29' SO" W 301.513 301.Sb IP FLLOGIC 17 8 0L I4W LOT 2 8 LOT 1 8 LDS - 3 0 8 LOT 1 g o 0 301.67 W 0_ _. 0 0 o° o � IU 2A * 2-q' 50" W w 6q • 2q' S0' W I.69 I4W LOT 2 8 0 6 , g o 301.67 W BLOCIL 20 LOT- 1 r I Al S9 ° 55'17" W i CDAARADIU 301.5q LDT L4 301.5 q SUELFI IU 0q• W o D LOT 2 Do W 6LOCK. 19 �� 1 o D 8 ♦ N 6q • 55' 17" W 603. 'S 1/--I CORNER OF N 0q° 55'1'7"W L (-526-S9SECTION ZD FAID PA" IPDNJ PIPE p i� 61 LA E Vito COKNEK -/ SET SECS. 20+Zq FUD 5/4b" LROU ROD SCALE 1 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.