1994-09072-Resolution No. 94-016 Recorded 3/3/1994BEFORE
I REW
VI ED
I
94-090'72 LEG COUNSEL
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THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Accepting a Petition
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to Vacate a portion of Tomahawk Avenue
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. 94-016
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0128-1'7"78
WHEREAS, Jim LaDuke petitioned the Board of County Commissioners of
Deschutes County, Oregon, to vacate a portion of Tomahawk Avenue,
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 Tomahawk Avenue
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 ��� 1994.
A E T:
Recording Secretary
1 - RESOLUTION NO. 94-016
BOARD OF COUNTY COMMIISIONERS
OFf DESCHUTEF--9,OUNTY, REGON
05
EN;
THROOPI, COMMISSIONER
1
COMMISSIONER
NcHED
4 1994
0128-1779
EXHIBIT "A"
That portion of S.W. Tomahawk Avenue as shown on the
official plat of Long Butte Tracts recorded and filed in
Cabinet B, Page 504 of the plat records in the office of
the County Clerk,Deschutes County, Oregon, lying North of
the easterly projection of the South property line of Tract
7, Block 1 of Long Butte Tracts and West of the Westerly
75' Right of Way line of the Dalles California Highway as
shown on Oregon Department of Transportation Right of Way
Drawing 9B-33-3.
16-12-12 T.L. 115
TRACT 7, BLOCK 1
LONG BUTTE TRACTS
S.W. CORNER TRACT 7
S
0128-1'80
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PORTION OF TOMAHAWK AVE.
TO BE VACATED
AREA - 5654.23 SQ.FT.
OR 0.13 AC.
S.W. TOMAHAWK AVE.
16-12-12 T.L. 102
i SO.
N 89'44'33 E
7 /
/
S.W. Tomahawk Ave.
go Proposed Area To Be Vacated
DESCHUTES COUNTY SCALE, 1"=100' DRAWN BY, M.J.B. SHEET
DEPARTMENT OF PUBLIC WORKS FILE= daveh,oln 1 OF 1
61150 S.E. 27TH STREET, BEND, OR. 97702 DATE, 2/9/94 VIFW, tomahawk
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4128-1781
Department of Public Works
61150 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: February 22, 1994
SUBJECT: Engineer's Report relating to the vacation of a portion of Tomahawk Avenue.
Back -around:
The Department of Public Works received a petition from Jim LaDuke requesting the
vacation of a portion of Tomahawk Avenue.
The Department of Public Works mailed preliminary notices of the proposed vacation
to the local utility companies, Deschutes County Community Development
Department, Deschutes County Property Management Specialist, and the Bend and
Redmond Fire Districts.
Based on preliminary responses, and the Department's research of the proposed
vacation, we have prepared the following report:
1. Property proposed for vacation has been dedicated to the public and accepted by
the County as a public road right-of-way, as shown on the plat of Long Butte
Tracts Subdivision.
2. This right-of-way does not provide access to any public lands, rivers, or
streams.
3. There appear to be no utilities lying within this road right-of-way.
4. The easterly end of Tomahawk Ave. was realigned during ODOT's recent
reconstruction of Hwy. 97 (see attached letter form ODOT). The portion of
right-of-way proposed for vacation is no longer needed for roadway purposes
because of this realignment.
Quality Services Performed with Pride
Engineer's Report
Page 2
0128-1'782
5. It is the Engineer's assessment that the proposed vacation is in the public
interest as this road right-of-way is no longer needed and will return this
property to better use.
5. The vesting of the vacated right-of-way shall be with the owner of Tract 7 of
Long Butte Tracts Subdivision, as shown on the attached map.
Recommendation:
The Department recommends approval of this vacation.