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1994-34263-Order No. 94-124 Recorded 8/18/199494-34253 . ,....,_,,.R I,EWED.,-..._. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, RtGON An Order Vacating a portion of the *COUNSEL Old Brooks -Scanlon Logging Road, LEW COUNSEL - located in Section 8, Township 18 South, Range 12 East, W.M. , in Deschutes * �� [j �"� U 18 6 County, Oregon 94-32397 ORDER NO. 94-124 WHEREAS, certain property owners have filed a petition, arcogy of which is attached hereto as Exhibit "A" and by this reference'L," incorporated herein, with the Board of County Commissioners ©tr=Desthutes County, Oregon requesting the vacation of a portion of theO1,Y C10Brooks-Scanlon Logging Road, described in Exhibit "B" attach�d,her!Oto and by this reference incorporated herein; and WHEREAS, the signatories to that petition constitute 100 percent of the owners of property abutting said portion of the Old Brooks -Scanlon Logging Road; and WHEREAS, the County Road Official has filed with the Board of County Commissioners a written report, attached hereto as Exhibit "C" and by this reference incorporated herein, stating that the proposed vacation is in the public interest; and WHEREAS, the Board finds that it is in the public interest to vacate the public property; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the property, described in Exhibit "B", attached hereto and by this reference incorporated herein, 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. r� DATED this 17 day of 1994. A T: Recording Secretary ORDER NO. 94-124 BOARD OF C UNTY COMMISSIONERS OF D SCHUT S 7NT , OR ON NANCY CHL GEN, CRAIR if I TOM JTjWOOP, LOMMIOVONER BARRY H. S AUGHTER, C MMISSI JJ Vii. i9� Yj r N o 7 "�:� _ ufMWESTLAND PROPERTIES (503) 389-6978 FAX(503) 389-2486 1070 N.W Bond St., Suite 203 • Bend OR 9-701 311-4 - 0187 June 24, 1994 ®135-2091 Mr. Tom Blust County Engineer Deschutes County 61150 SE 27th Street Bend, Oregon 97702 Re: Petition to vacate Dear Tom: This letter will act as a formal petition to have Deschutes County vacate the old Brooks -Scanlon Logging Road in between Powers Road and the Central Oregon Irrigation Canal (see attached map). I am in the process of obtaining the property that lies in between Brookswood Blvd. and the Logging Road from Deschutes County (I am working with Brad Chalfant in the property management division), so I will own the property on both sides of the Logging Road easement that I am requesting to have vacated. Enclosed is a check for $500.00 for the fee required. Thank you for your prompt attention to this matter. Sincerely, Elkhorn Estates, Ltd. James R. Olson, President JAO Elkhorn, Inc., General Partner Enclosure '1 0136--2092 3a-4 -0188 Exhibit "B" old Brooks -Scanlon Logging Road Right -of -Way To Be Vacated A parcel of land located in the W. 1/2 of Section 8, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon, more particularly described as follows: Beginning at the West 1/4 corner of said Section 8; thence, .along the West line of said Section 8, SO°47'01"W 322.30 feet to a point on the centerline of Powers Road; thence, leaving said West section line and along the centerline of Powers Road, S88055'03"E 544.45 feet; thence, leaving the centerline of Powers Road, N07°29'22"E 15.09 feet to a point at the intersection of the Northerly 15.0 foot right-of-way line of Powers Road with the Westerly 30.0 foot right-of-way line of Brookswood Boulevard; thence, along said Northerly 15.0 foot right-of-way line of Powers Road, N88°55103"W 10.06 feet to a point normal to and 40.00 feet Westerly of the centerline of Brookswood Boulevard, said point being the True Point of Beginning; thence, along a line parallel to and 40.00 feet Westerly of the centerline of Brookswood Boulevard, N07029122"E 170.73 feet to a point on the Easterly right-of-way line of the old Brooks -Scanlon Logging Road quitclaimed to Deschutes County per Quitclaim Deed, Volume 243 Page 443 of Deschutes County Deed Records; thence, along said Easterly right-of-way line of the old Brooks -Scanlon logging road, NO3039'37"W 424.40 feet; thence 251.70 feet along the arc of a 543.69 foot radius curve to the right, the long chord of which bears N09036'07"E 249.45 feet; thence N22051'52"E 274.85 feet to a point normal to and 40.00 feet Westerly of the centerline of Brookswood Boulevard; thence, leaving said Easterly right-of-way line of the old Brooks -Scanlon logging road and along a line parallel to and 40.00 feet Westerly of the centerline of Brookswood Boulevard, N07°29'22"E 226.30 feet to a point on the Westerly right-of-way line of said old Brooks -Scanlon logging road; thence, along the Westerly right-of-way line of the old Brooks -Scanlon logging road, S22°51'52"W 493.05 feet; thence 279.47 feet along the arc of a 603.69 foot radius curve to the left, the long chord of which bears S09036'0711W 276.98 feet; thence S03039137"E 589.66 feet to a point on the Northerly 15.0 foot right-of-way line of Powers road; thence, leaving said Westerly right-of-way line of the old Brooks -Scanlon logging road and along said Northerly 15.0 foot right-of-way line of Powers road, S88055103"E 27.08 feet to the True Point of Beginning. Together with: 0136-2093 34-4 - 01.89 A parcel of land located in the W. 1/2 of Section 8, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon, more particularly described as follows: Beginning at the West 1/4 corner of said Section 8; thence, along the West line of said Section 8, SO°47101"W 322.30 feet to a point on the centerline of Powers Road; thence, leaving said West section line and along the centerline of Powers Road, S880551030E 544.45 feet; thence, leaving the centerline of Powers Road, S07°29122"W 15.09 feet to a point at the intersection of the Southerly 15.0 foot right-of-way line of Powers Road with the Westerly 30.0 foot right-of-way line of Brookswood Boulevard; thence, along said Southerly 15.0 foot right-of-way line of Powers Road, N88°55'03"W 10.06 feet to a point normal to and 40.00 feet Westerly of the centerline of Brookswood Boulevard, said point being the True Point of Beginning; thence, leaving said Southerly 15.0 foot right-of-way line of Powers Road and along a line parallel to and 40.00 feet Westerly of the centerline of Brookswood Boulevard, S070291220W 113.35 feet to a point on the Westerly right-of-way line of the old Brooks -Scanlon Logging Road quitclaimed to Deschutes County per Quitclaim Deed, Volume 243 Page 443 of Deschutes County Deed Records, thence, along said Westerly right-of-way line of the old Brooks -Scanlon logging road, 37.79 feet along the arc of a 925.37 foot radius non -tangent curve to the left, the long chord of which bears NO2029125"E 37.79 feet; thence NO3039137"W 75.18 feat to a point on the Southerly 15.0 foot right-of-way line of Powers Road; thence, leaving said Westerly right-of-way line of the old Brooks -Scanlon Logging Road, and along the Southerly 15.0 foot right-of-way line of Powers Road, S88055103"E 21.22 feet to the True Point of Beginning. Contains 72,852 Sq. Ft. or 1.67 Acres. 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. 0136-209 W � I N� I ' 1 3 � I � 1 y � � I 1 I I o � I LOT 12 I I ' T. 2900 I ' I DESCH I ESORUiES I I I COUNTY ® ® 1 IParcel 1 I Contains 71,691 Sq. Ft. or 1.65 Acres. I I I I I I 1 IQI Elkhorn Estates!wl r�� o (q/�>e ISI I /4 CORNER n4 W 1 ✓✓✓���/// I SECTION 8 m I T.18S., R.12E. ' W.M. I 1 I II I 1 I,' 'll 1 I P.O.B. Parcel 1 5 8855'03 ----� _ 544.45' S 88'55'03" E 21.22' 15.00' 8855'03" W 0.06' N 07-2922--E -- 5.09' _ POWERS ROAD S 07'29'22' W — -- 15- —__— -- i I N 88'55'03' W 1D.Dfi' l I � P.O.B. Parcel 2 I_ -4o.00' Parcel 2 IContains 1,161 Sq. Ft. or 0.03 Acres. I I 1 I I �I I I A PORTION OF THE OLD BROOKS—SCANLON LOGGING ROAD R.O.W. ADJACENT TO LOTS 12 & 13 OF BLAKELY HEIGHTS— CS 5802 DESCHUTES COUNTY SCALE, 1"=200'1 DRAWN BY1 P.A.M. SHEET DEPARTMENT OF PUBLIC WORKS I FILE BRKSWD,DW6 1 OF 1 61150 S.E. 27TH STREET, BEND, OR, 97702 IDATE:7/6/94 VIEW: EffhO R oDQDo , CURVE DATA .fi CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA qqq . O 603.69' 279.47' 142.29 276.98' S 09'3607 W 26.31 N C B 543.69 251.70 128.14 249.45 N 09'36 '07" E 26'31 29 I C 925.37' 37.79' 18.90' 37.79' N 02'29'25' W 02'20 24'40.00' W � I N� I ' 1 3 � I � 1 y � � I 1 I I o � I LOT 12 I I ' T. 2900 I ' I DESCH I ESORUiES I I I COUNTY ® ® 1 IParcel 1 I Contains 71,691 Sq. Ft. or 1.65 Acres. I I I I I I 1 IQI Elkhorn Estates!wl r�� o (q/�>e ISI I /4 CORNER n4 W 1 ✓✓✓���/// I SECTION 8 m I T.18S., R.12E. ' W.M. I 1 I II I 1 I,' 'll 1 I P.O.B. Parcel 1 5 8855'03 ----� _ 544.45' S 88'55'03" E 21.22' 15.00' 8855'03" W 0.06' N 07-2922--E -- 5.09' _ POWERS ROAD S 07'29'22' W — -- 15- —__— -- i I N 88'55'03' W 1D.Dfi' l I � P.O.B. Parcel 2 I_ -4o.00' Parcel 2 IContains 1,161 Sq. Ft. or 0.03 Acres. I I 1 I I �I I I A PORTION OF THE OLD BROOKS—SCANLON LOGGING ROAD R.O.W. ADJACENT TO LOTS 12 & 13 OF BLAKELY HEIGHTS— CS 5802 DESCHUTES COUNTY SCALE, 1"=200'1 DRAWN BY1 P.A.M. SHEET DEPARTMENT OF PUBLIC WORKS I FILE BRKSWD,DW6 1 OF 1 61150 S.E. 27TH STREET, BEND, OR, 97702 IDATE:7/6/94 VIEW: EXHIBIT "C" 349, - 0 1 9 1 MEMORANDUM TO: Board of County Commissioners FROM: Tom Blust, County Engineer DATE: August 2, 1994 SUBJECT: Engineer's Report Vacation of Brooks -Scanlon Road Right-of-way This report is made pursuant to ORS 368.351(1), concerning the vacation of road right-of-way without a public hearing. A County governing body may make a determination about a vacation of property without a public hearing if: (1) The county road official files with the county governing body a written report that contains the county road official's assessment that any vacation of public property is in the public interest; and (2) the proceeding for vacation were initiated by a petition that contains acknowledged signatures of 100 percent of the property owners abutting any public property proposed to be vacated. Background: Deschutes County received a petition from Elkhorn Estates, Ltd. requesting the vacation of the Old Brooks -Scanlon logging road between Powers Road and the Central Oregon Irrigation Canal (see attached map). This petition represents 100 percent of the abutting owners, other than Deschutes County, which owns the parcel abutting the easterly side of the proposed vacation. Elkhorn Estates' purpose for the vacation request is to consolidate properties lying west of Brookswood Boulevard with Elkhorn Estates properties for a future subdivision development. The property proposed for vacation, along with the abutting county parcel, is part of a proposed trade currently being negotiated between Elkhorn Estates and the County by Brad Chalfant, the County's Property Manager. Discussion: 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, Bend Fire Department, and City of Bend Public Works Department. Engineer's Report Page 2 0136- 3 49 1* ff Based on preliminary responses, and the Department's research of the proposed vacation we have prepared the following report: 1. The property proposed for vacation was deeded to Deschutes County by Brooks Resources Corporation in 1976. This property was subsequently dedicated as road right-of-way by the BOCC in 1989. 2. This right-of-way does not provide access to any public lands, rivers, or streams. 3. Avion Water Company is the only utility with facilities lying within the proposed right-of-way vacation. 4. This right-of-way is not being used for roadway purposes and is not needed for future roadway development. 5. Per ORS 368.366(1)(a), the vacated property shall vest in the County, since the County holds title to the property in fee. Recommendation: It is the Engineer's assessment that the proposed vacation is in the public interest. This property is not needed for roadway purposes and can be better utilized by combining with the abutting County owned parcel as part of a land trade between Deschutes County and Elkhorn Estates. A utility easement will be retained for Avion Water's facilities. STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) I, MARY SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS RECORDED THIS DAY: 94 f� 1 DEPUTY BY. 94-323917 --,' NO.----- - FEE- ------- DESCHUTES COUNTY OFFICIAL RECORDS