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1993-18028-Order No. 93-143 Recorded 6/3/1993LA REVIIFVV 0126-1123 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT:j5 OREGON An Order Setting a Date for * t a Public Hearing to Consider the Vacation of a portion of O'Neil Market Road (aka. North *: Canal Boulevard), located in * 1. Deschutes County, Oregon 93-tP028 �' ORDER NO. 93-143 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 O'Neil Market Road (aka. North Canal Boulevard), 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 O'Neil Market Road (aka. North Canal Boulevard) be accepted and hereby approved. Section 2. That on Wednesday, July 14, 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. 93-143 JU -31993 0126-1124 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 1993. A ES Recording Secretary 2 - ORDER NO. 93-143 BOARD 0}l COUNTY COMMISSIONERS OF DEVJUTES COUNTY, OREGON HROOP IR NA*Y POPE PCHLANGEN, COMMISSITER BARRY 9. SLAUGHTER, COMMISSIONER 1 0126-1125 EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE OLD O'NEIL MARKET ROAD IN THE NW 1/4 OF THE SW 1/4 OF SECTION 34 T. 14 S., R. 13 E., W.M. That portion the 24° curve right from Engineers station 0+00 to Engineers station 3+75.9, as shown on the 1923 Deschutes County map of the O'Neil Market Road, lying between the easterly right of way of North Canal Boulevard (formerly the Terrebonne-Redmond Section of The Dalles-California Highway as located on Oregon State Highway Division Drawing 2B18-5 and accepted by Deschutes County on September 1, 1937 by Order of Acceptance, Deschutes County Commissioners Journal Volume 3, Page 343) and the southerly right of way of the present day O'Neil Highway as recorded July 20,1909 in the Crook County Commissioners Journal 4, Page 321, "Order Establishing the J.F. Ellinger Change of County Road". All in the NW 1/4 SW 1/4, Section 34 T.14 S., R. 13 E., W.M. 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. 0126-1126 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, JULY 14, 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, 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 O'Neil Market Road (aka. North Canal Boulevard) 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 TOM THROOP, Chair PUBLISHED: June 23, 1993 and July 3, 1993 POSTED: June 23, 1993 MAILED: June 14, 1993