1993-18029-Resolution No. 93-040 Recorded 6/3/1993RESOLUTION NO. 93-040
WHEREAS, Colleen M. Mullaney petitioned the Board of County
Commissioners of Deschutes County, Oregon, to vacate a portion of O'Neil
Market Road (aka. North Canal Boulevard), 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 O'Neil
Market Road (aka. North Canal Boulevard) 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 day of , 1993.
BOAR OF CbUNTY COMMISSIONERS
OF DESCHU S COUNTY, OREGON
TOM
E T: C�
N
Recording Secretary
BARRY H
1 - RESOLUTION NO. 93-040
P, qHAdR
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NGE , COMMISS N
AUGHTE , COMMISSIONER
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31993
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
0126 -1127
A Resolution Accepting a
*
Petition to Vacate a portion of
a portion of O'Neil Market Road
(aka. North Canal Boulevard)
located in Deschutes County, Oregon,
Declaring the Deschutes County
Board of Commissioner's intent to
Vacate Said Road, Describing the
Property Proposed to be Vacated,
the Reasons for the Vacation, and
Referring the Petition to the
Engineer for a Report.
RESOLUTION NO. 93-040
WHEREAS, Colleen M. Mullaney petitioned the Board of County
Commissioners of Deschutes County, Oregon, to vacate a portion of O'Neil
Market Road (aka. North Canal Boulevard), 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 O'Neil
Market Road (aka. North Canal Boulevard) 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 day of , 1993.
BOAR OF CbUNTY COMMISSIONERS
OF DESCHU S COUNTY, OREGON
TOM
E T: C�
N
Recording Secretary
BARRY H
1 - RESOLUTION NO. 93-040
P, qHAdR
a/
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NGE , COMMISS N
AUGHTE , COMMISSIONER
.P"ICRAFItmW P
AUL z !;
ER
KEY
31993
3
0126-1128
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.
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61 150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: May 26, 1993
SUBJECT: Engineer's Report relating to the vacation of a portion of O'Neil Market Road (North
Canal Blvd.)
The Department of Public Works received a petition from Colleen Mullaney
requesting the vacation of a portion O'Neil Market Road (North Canal Boulevard).
Colleen Mullaney is the owner of the property abutting the proposed road
vacation. The reasons stated for requesting this vacation are concerns regarding
the safety of the intersection and she would like to be able to use the land.
The Department mailed preliminary notices of the proposed vacation to local
utility companies, Deschutes County Community Development Department,
Deschutes County Property Management Specialist, the Redmond Fire
Department, ODOT, and the City of Redmond.
Based on the departments research of the proposed vacation, the staff has prepared
the following:
1. Property proposed for vacation is part of the old O'Neil Market Road, which
is a dedicated public road right-of-way. There is currently a paved "fly -by"
lane within this right-of-way.
2. It appears that this property does not provide access to any public lands,
rivers, streams, of natural features.
3. It is the Engineer's assessment that the proposed vacation is in the public
interest as the "fly -by" lane in this right-of-way creates a safety hazard and
needs to be eliminated. The right-of-way will no longer be needed for road
purposes.
0126`1131
Engineer's Report
Page 2
The O'Neil Hwy., which intersects the proposed vacation, is a State Highway
under ODOT's jurisdiction. Both ODOT and the City of Redmond were
contacted regarding the proposed vacation. Both agencies concurred that the
fly -by lane was a hazard and should be removed. Neither agency could
foresee a future need for this right-of-way. There was some concern
expressed by County staff that the future Redmond east side bypass route
might require this right-of-way for an interchange. However, discussions
with ODOT and the City of Redmond confirmed that the proposed bypass
route will not go that far north.
4. The following other pertinent facts were considered in making this report:
P.P.& L. has an existing guy pole and anchor within this right-of-way. An
easement for these facilities will be retained should this right-of-way be
vacated.
Staff Recommendation: approval of vacation.