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1993-37102-Order No. 93-185 Recorded 10/14/1993RLVUL `U INSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT S3 01AYAMk-EWN �`ARY IS rENHCLLOWL An Order Vacating a portion CQUNTy CLERK of Cypress Street and Lodgepole Drive, located in Deschutes County, Oregon. —37 o ORDER NO. 93-185 0128-0231 WHEREAS, a petition requesting a vacation of a portion of Cypress Street and Lodgepole Drive, described in Exhibit "A", attached hereto and by this reference incorporated herein, was filed with the Board of County Commissioners of Deschutes County, Oregon, on August 18, 1993; and WHEREAS, the Board of County Commissioners declared its intent to vacate said Road by Resolution No. 93-078, dated August 18, 1993; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, a hearing was held on September 29, 1993 ,to consider the proposed vacation; and 1e WHEREAS, the Board finds that it is in the public interest to vacate the public property; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the property, described in Exhibit "A", is hereby vacated. Section 2. That the Deschutes County Surveyor is directed to mark the plat, if any, as provided in ORS 271.230. Section 3. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be filed with the Deschutes County Surveyor and County Assessor. -��auHJAEA ,.Y.,. r ;�'y2PC R -A � 1993 i 0128.0232 Section 4. That the property vacated in Section 1 shall vest in the owner of the land abutting the vacated property, as described in Exhibit "B", attached hereto and by this reference incorporated herein. DATED this 1,3t'h day of 1993. A E T: Recording Secretary STATE OF OREGON SS. County of Deschutes BOARD OF COUNTY COMMISSIONERS OF DESC TES COUNTY, OREGON TOM THROOP,ICHAIR NANCY POPE SC ANGEN, COMMISSIONER BARRY A. SLAUGHTEP,, COMMISSIONER Before me, a Notary Public, personally appeared TOM THROOP, NANCY POPE SCHLANGEN and BARRY H. SLAUGHTER, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf ^ Deschutes County, Oregon. DATED this i31M day of 1993. OFFICIAL SEAL ANITA MUTCHIE NOTARY PUBLIC -OREGON NOTARY PUBLIC FOR OREGON COMMISSION 140. 023846 My Commission Expires: MY COMMISSION EXPIRES APRIL 18, 1997 �M� U1?8-0233. EXHIBIT "A" A Portion Of Cvuress Street: A portion of Cypress Street situated in the SW 1/4 of the NE 1/4 of Section 18 of Township 18 South, Range 12 F,gjt W.M., Deschutes County, Oregon and being a public road as dedicated on the Plat of Waywest Properties as recorded in Plat Cabinet A Page 159 in the Deschutes County Clerk's Office, said portion of Cypress Street described as follows: Commencing at the northwest corner of Tract 8 of said Waywest Properties; thence North 890 44' 40" East 723.63 feet upon the centerline of said Cypress Street to the POINT OF BEGINNING; thence 30.29 feet upon the arc of a 280.00 foot radius curve to the left, the long chord of which bears North 080 04' 55" West 30.28 feet to a point on thee' =rth right of way line of Cypress Street; thence North 890 44' 40" East 245.80 feet upon the north right of way line of Cypress Street; thence 64.34 feet upon the arc of a 50.00 foot radius curve to the left; the long chord of which bears South 000 15' 20" East 60.00 feet to a point on the south right of way line of Cypress Street; thence South 890 44' 40" West 240.81 feet upon the south right of way line of Cypress Street; thence 30.02 feet upon the arc of a 280.00 foot radius curve to the left, the long chord of which bears North 010 54' 38" West 30.01 feet to the Point of,Beginning and terminus of this description. Containing 14,123 square feet (0.32 acre) more or less. 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. Portion Of Lodgepole Drive and Cypress Street: A portion of Lodgepole Drive and Cypress Street situated in the SW 1/4 of the NE 1/4 of Section 18 of Township 18 South, Range 12 East W.M., Deschutes County, Oregon and being public roads as dedicated on the Plat of Waywest Properties as recorded in Plat Cabinet A Page 159 in the Deschutes County Clerk's Office, said portions of Lodgepole Drive and Cypress Street being more particularly described as follows: ,01280234 Commencing a the northwest corner of Tract 8 of said'Waywest Properties; thence North 890 44' 40" East 663.37 feet upon the centerline of said Cypress Street to the POINT OF, BEGINNING; thence 30.04 feet upon the arc of a 220.00 foot radius curve to the right, the long chord of which bears South 020 21' 50" East 30.02 feet to a point on the south right of way line of Cypress Street; thence South 890 44' 40" West 182.58 feet upon the south right of way line of Cypress Street to the intersection with the east right of way line of Lodgepole Drive; thence South 001 32' 20" West 440.26 feet upon the east right of way line of Lodgepole Drive; thence 353.30 feet upon the arc of a 1030.00 foot radius curve to the left, the long chord of which bears South 100 21' 55" West 351.57 feet to a point on the west right of way line of Lodgepole Drive; thence North 000 32' 20" East 785.84 feet upon the west right of way line of Lodgepole Drive to the intersection with the south right of way line of Cypress Street; thence South 890 44' 40111,West 193.89 feet upon the south right of way line of Cypress Street; thence 283.06 feet upon the arc of a 590.00 foot radius curve to the left, the long chord of which bears North 650 26' 05" East 280.35 feet to a point on the east right of way line of Lodgepole Drive; thence South 000 32' 20" West 55.42 feet upon the east right of way line of Lodgepole Drive to the intersection with the north right of way line of Cypress Street;. thence North 890 44' 40" East 175.36 feet upon the north line of Cypress Street; thence 30.48 feet upon the arc of a 220.00 foot radius curve to the right, the long cord of which bears South 100 14' 4�" East 30.46 feet to the Point of Beginning and terminus of this description. Containing 55,541 square feet (1.275 acres) more or less. 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. A Portion Of Lodgepole Drive and Lot 11 of Waywest Properties: A portion of Lodgepole Drive and Lot 11 of Waywest Properties which is a recorded subdivision recorded in Plat Cabinet A Page 159 in the Deschutes County Clerk's Office, said portions being more particularly described as follows: 0128-0235 Commencing at the northwest corner of Lot 8 of said Waywest Properties; thence North 890 44' 40" East 452.30 feet upon the centerline of Cypress Street to the intersection with the centerline of Lodgepole Drive; thence North 000 32' 20" East 164.80 feet upon the centerline of Lodgepole Drive to the POINT OF BEGINNING; thence North 501 53' 57" East 94.38 feet; thence North 390 06' 03" West 60.03 feet; thence 193.72 feet upon the arc of a 280.00 foot radius curve to the right; the long chord of which bears North 190 16' 52" West 189.88 feet to a point on the west right of way line of Lodgepole Drive; thence South 000 32' 20" West 309.44 feet upon the west right of way line of Lodgepole Drive; thence 19.53 feet upon the arc of a 510.00 foot radius curve to the left, the long chord of which bears North 510 59' 47" East 19.53 feet; thence North 500 53' 57" East 19.12 feet to the Point of Beginning and terminus of this description. Contains 11,864 square feet (0.27 acre) more or less. M 0128.0236 Exhibit "B" The following described portion of that property vacated in Section 1 of this Order, shall vest in that property described in Warranty Deed, Volume 320 Page 583 of the Deschutes County Deed Records: PARCEL A- Commencing at the N.W. corner of Tract 8 as shown on the plat of Waywest Properties as recorded in Cabinet A Page 159 in the office of the Deschutes County Clerk, said point being on the centerline of Cypress Street; thence N89°44'40"E 452.30 feet along the centerline of Cypress Street to a point on the centerline of Lodgepole Drive as shown on said plat, said point being the True Point of Beginning; thence, leaving the centerline of Cypress Street, along said centerline of Lodgepole Drive NO°32'20"E 63.21 feet to a point on the South right-of-way line of Brookswood Blvd. as surveyed by the Deschutes County Public Works Dept. in 1993; thence, leaving said centerline of Lodgepole Drive, along said South right-of-way line of Brookswood Blvd. 37.58 feet along the arc of a 590.00 foot radius non -tangent curve to the left, the long chord of which bears N53°30'56"E 37.58 feet to a point on the East right-of-way line of Lodgepole Drive as shown on said plat; thence, leaving said South right-of-way line of Brookswood Blvd., along said East right-of-way line SO°32'20"W 55.42 feet to a point on the North right-of-way line of Cypress Street; thence, leaving said East right-of-way line, along the North right-of-way line of Cypress Street N89°44'40"E 175.36 feet to a point on the West right-of-way line of the new alignment of Lodgepole Drive as surveyed by the Deschutes County Public Works Dept. in 1993; thence, leaving said North right-of-way line of Cypress Street, along said West right-of-way line of the new alignment of Lodgepole Drive 30.48 feet along the arc of a 220.00 foot radius non -tangent curve to the right, the long chord of which bears S 10° 14'43 "E 30.46 feet to a point on the centerline of Cypress Street; thence, leaving said West right-of-way line of the New alignment of Lodgepole Drive, along the centerline of Cypress Street S89044'40"W 211.07 feet to the True Point of Beginning. PARCEL B- Commencing at the N.W. corner of Tract 8 as shown on the plat of Waywest Properties as recorded in Cabinet A Page 159 in the office of the Deschutes County Clerk, said point being on the centerline of Cypress Street; thence N89°44'40"E 723.63 feet along the centerline of Cypress Street to a point on the East right-of-way line of the new alignment of Lodgepole Drive as surveyed by the Deschutes County Public Works Dept. in 1993, said point being the True Point of Beginning; thence, leaving the centerline of Cypress Street, along said East right-of-way line of the new alignment of Lodgepole Drive 30.29 feet along the arc of a 280.00 foot radius non -tangent curve to the left, the long chord of which bears N8°04'55"W 30.28 feet to a point on the North right-of-way line of Cypress Street; thence, leaving said East right-of-way line of the new alignment of Lodgepole Drive, along said North right-of-way line of Cypress Street N89°44'40"E 245.80 to a point on the bulb of a 50 foot radius cul-de-sac as surveyed by the Deschutes County Public Works Dept. in 1993; thence, leaving said North right-of-way line of Cypress Street, along the bulb of said cul-de-sac 32.17 feet along the arc of a 50.00 foot radius non -tangent curve to the left, the long chord of which bears S18°10'38"W 31.62 feet to a point on the centerline of Cypress Street; thence, leaving said cul-de-sac bulb, along said centerline of Cypress Street S89°44'40"W 231.68 feet to the True Point of Beginning. 0;287'0237 Exhibit "B" The following dgscribed portion of that property vacated in Section 1 of this Order, shall vest in that property described in Warranty Deed, Volume 197 Page 2106 of the Deschutes `County Official Records: Commencing at the N.W. corner of Tract 8 as shown on the plat of Waywest Properties as recorded in Cabinet A Page 159 in the office of the Deschutes County Clerk, said Ooint being on the centerline of Cypress Street; thence N89°44'40"E 452.30 feet along the centerline of Cypress Street to its intersection with the centerline of Lodgepole Drive as shown on said plat; thence, leaving the centerline of Cypress Street, along the centerline of Lodgepole Drive NO°32'20"E 164.80 feet to a point on the North right-of-way line of Brookswood Blvd. as surveyed by the Deschutes County Public Works Dept. during 1993, being the True Point of Beginning; thence, leaving said centerline of Lodgepole Drive, along the North right-of-way line of Brookswood Blvd. N50°53'57"E 94.38 feet to a point on the West right-of-way line of the new alignment of Lodgepole Drive as surveyed by the Deschutes County Road Dept. in 1993; thence, leaving said North right-of-way line of Brookswood Blvd., along said West right-of-way line of the new alignment of Lodgepole Drive 'N39°06'03"W 60.03 feet; thence 20.52 feet along the arc of a 280.00 foot radius non -tangent curve to the right, the long chord of which bears N37°00'04"W 20.52 feet to a point on the Easterly extension of the North line of that parcel described in Volume 197, Page 2106 of Deschutes County Official Records; thence, leaving said West right-of-way line of the new alignment of Lodgepole Drive, along said Easterly extension of said North parcel line S89 °43'07 "W 51.88 feet to a point on the West right-of-way line of Lodgepole Drive as shown on said plat; thence, along said West right-of-way line of Lodgepole Drive SO°32'20"W 146.34 feet to a point on the North right-of-way line of Brookswood Blvd.; thence, leaving said West right-of-way line of Lodgepole Drive, along said North right-of-way line of Brookswood Blvd. 19.53 feet along,the arc of a 510.00 foot radius non -tangent curve to the left, the long chord of which bears N 51'59'47" E 19.53 feet; thence N 50°53'57" E 19.12 feet to the True Point of Beginning. 0128-:"0238 Exhibit "B" The following described portion of that property vacated in Section 1 of this Order, shall vest in that property described in Warranty Deed, Volume 197 Page 2108 of the Deschutes County Official Records: Commencing at the N.W. corner of Tract 8 as shown on the plat of Waywest Properties as recorded in Cabinet A Page 159 in the office of the Deschutes County Clerk, saidpoint being on the centerline of Cypress Street; thence N89°44'40"E 452.30 feet along the centerline,,of Cypress Street to a point on the centerline of Lodgepole Drive as shown on said plat; thence, leaving said centerline of Cypress Street, along said centerline of Lodgepole Drive NO°32'20"E 287.20 feet to a point on the Easterly extension of the South line of that parcel described in Volume 197, Page 2108 of Deschutes County Official Records, being the True Point of Beginning; thence, leaving said centerline of Lodgepole Drive, along said Easterly extension of said South parcel line N89°43'07"E 21.88 feet to a point on the West right-of-way line of the new alignment of Lodgepole Drive as surveyed by the Deschutes County Public Works Dept. in 1993; thence, leaving said Easterly extension of said South parcel line, along said West right-of-way line of the new alignment of Lodgepole Drive 173.19 feet along the arc of a 280.00 foot radius non -tangent curve to the right, the long chord of which bears N17010'52"W 170.44 feet to its intersection with the West right-of-way line of Lodgepole Drive as shown on said plat; thence, along said West right-of-way line of Lodgepole Drive as shown on said plat SO°32'20"W 163.10 feet to a point on said Easterly extension of said South parcel line; thence, leaving said West right-of-way, along said Easterly extension of said South parcel line N89°43'07"E 30.00 feet to the True Point of Beginning. t,. 0128-0239 Exhibit "B" The following described portion of that property vacated in Section 1 of this Order, shall vest in that property described in Warranty Deed, Volume 315 Page 152 of the Deschutes County Deed Records: ' PARCEL A- Commencing at the N.W. corner of Tract 8 as shown on the plat ofaywest Properties as recorded in Cabinet A Page 159 in office of the Deschutes County Clerk; said h6int being on the centerline of Cypress Street; thence N89°44'40"E 723.63 feet along the centerline of Cypress Street to a point on the East right-of-way line of the new alignment of Lodgepole Drive as surveyed by the Deschutes County Public Works Dept. in 1993, being the True Point of Beginning; thence, continuing along said centerline of Cypress Street, N89°44'40"E 231.68 feet to a point on the bulb of a 50 foot radius cul-de-sac as surveyed by the Deschutes County Public Works Dept. in 1993; thence, leaving the centerline of Cypress Street, along said cul-de-sac bulb 32.17 feet along the arc of a 50.00 foot radius non -tangent curve to the right, the long chord of which bears S18°41'19"E 31.62 feet to a point on the South right-of-way line of Cypress Street; thence, along said South right-of-way line S89°44'40"W 240.82 feet to a point on the East right-of-way line of the new alignment of Lodgepole Drive; thence, leaving said South right-of-way line, along said East right-of-way line 30.02 feet along the arc of a 280.00 foot radius non -tangent curve to the left, the long chord of which bears N1°54'38"W 30.01 feet to the True Point of Beginning. 'r PARCEL B- Commencing at the N.W. corner'of Tract 8 as shown on the plat of Waywest Properties as recorded in Cabinet A Page 159 in office of the Deschutes County Clerk, said point being on the centerline of Cypress Street; thence N89°44'40"E 452.30 feet along the centerlineof Cypress Street to its intersection with the centerline of Lodgepole Drive as shown on said plat, said"pomt being the True Point of Beginning; thence N89°44'40"E 211.07 feet to a point on the West right-of-way line of the new alignment of Lodgepole Drive as surveyed by the Deschutes County Public Works Dept. in 1993; thence, leaving the centerline of Cypress Street, along said West right-of-way line 30.04 feet along the arc of a 220.00 foot radius non -tangent curve to the right, the long chord of which bears S2°21'50"E 30.02 feet to a point on the South right-of-way line of Cypress Street; thence, along said South right-of-way line S89°44'40"W 182.58 feet to a point on the East right-of-way line of Lodgepole Drive as shown on said plat; thence, leaving said South right-of-way line, along the East right-of-way line SO°32'20"W 440.26 feet to a point on the West right-of-way line of the said new alignment of Lodgepole Drive; thence, leaving said East right-of-way line, along said West right-of-way line 353.30 feet along the arc of a 1,030.00 foot radius non -tangent curve to the left, the long chord of which bears S10021'55"W 351.57 feet to a point on the West right-of-way line of Lodgepole Drive as shown on said plat; thence, along said West right-of-way line NO°32'20"E 785.84 feet to a point on the South right-of-way line of Cypress Street; thence, leaving said West right-of-way line, along said South right-of-way line S89°44'40"W 193.89 feet to a point on the South right-of-way line of Brookswood Blvd. as surveyrd by the Deschutes County' Public Works Dept. in 1993; thence, leaving the South right-of-way line of Cypress Street, along said South right-of-way line of Brookswood Blvd. 245.47 feet along the arc of a 590.00 foot radius non -tangent curve to the left, the long chord of which bears N67 ° 15' 34"E 243.71 feet to a point on the centerline of Lodgepole Drive as shown on said plat; thence, leaving said South right-of-way line of Brookswood Blvd., along said centerline of Lodgepole Drive SO°32'20"W 63.21 feet to the True Point of Beginning. 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