1994-34737-Resolution No. 94-089 Recorded 9/1/1994EV�...
94-34'73
BEFORE THE BOARD OF COUNTY COMMISSIONE S OF DESCHUTES
A Resolution Accepting a Petition 94 SEP ' i AM 10: 22
to Vacate a portion of 11th Street
located in Hillman Subdivision, * COUNTY C►
Terrebonne, in Deschutes County, Oregon,
Declaring the Deschutes County Board of
Commissioner's intent to Vacate SaidnR-
Road, Describing the Property Proposed * �'`7 Co' v5
to be Vacated, the Reasons for the
Vacation, and Referring the Petition to
the Engineer for a Report.
RESOLUTION NO. 94-089
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, was petitioned to vacate a portion of 11th Street located in
Hillman Subdivision, Terrebonne, 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 11th
Street 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. I--,%
DATED this day of 1994.
BOARD OF COUNTY COMMISSIONERS
OF ESCHUTES COUNTY, OREGON
LAA
ANCY SC LANGEN, HAIR
A ES
TOM HR00 CO SSIONER
Recording Secr tary �, , ./
BARRY H./SLAUGI' ER, COMMISSIONER
1 - RESOLUTION NO. 94-089
�� r 2 7994 ``
0137-0086
EXHIBIT "A"
VACATION DESCRIPTION
A PORTION OF 11TH STREET
IN HILLMAN (TERREBONNE)
A parcel of land situated within the boundaries of "Hillman"
- a subdivision plat recorded in Crook County on November
23, 1909 and also being a portion of the SW 1/4 NE 1/4 of
Section 16 of Township 14 South, Range 13 E.W.M., Deschutes
County, Oregon and being more particularly described as
follows:
That portion of 11th Street as shown on the said plat of
Hillman, which lies north of the northerly right-of-way
line of "H" Avenue.
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.
7o'
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PROPOSED RIGHT-OF-WAY VACATION
A PORTION OF 1 1 TH STREET
SW 1 /4 NE 1 /4 SEC. 16, T. 14 S., R. 13 E., W.M.
DESCHUTES COUNTY, OREGON
Dolores J. Eide
10
Harvey Duncan
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0137-0087
PROPOSED VACATION
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— — Terrebonne Congregation - —
_ _ Jehovahs Witness, Inc.
— — (Robert L. Haight)
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PROPOSED RIGHT-OF-WAY VACATION
A PORTION OF 11 TH STREET
SW 1 /4 NE 1 /4 SEC. 16, T. 14 S., R. 13 E., W. M
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Department of Public Works
❑ ` P
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: August 16, 1994
SUBJECT: Engineer's Report relating to the vacation of a portion of 11th Street in Terrebonne.
This report is made pursuant to ORS 368.346, regarding the vacation of a public road
right-of-way.
Background:
The Department of Public Works received a petition from Harvey Duncan, Dolores J.
Eide and Robert L. Haight requesting the vacation of a portion of 11th Street in LaPine
(see attached map).
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 Redmond Fire Department.
Based on preliminary responses, and the Department's research of the proposed vacation,
we have prepared the following report:
1. Property proposed for vacation was dedicated to the public as a road right-of-way,
per the plat of Hillman (Terrebonne) dated November 23, 1909. This was a part
of Crook County at the time of platting.
2. This right-of-way does not provide access to any public lands, rivers, or streams.
3. U.S. West Communications and the Terrebonne Water District both have facilities
lying within the right-of-way proposed for vacation.
4. This right-of-way appears to have never been used for roadway purposes. The
right-of-way is not needed for access to any of the properties in the area. All
parcels abutting the proposed vacation will maintain legal access to a dedicated
public road right-of-way.
Quality Services Performed with Pride
Engineer's Report
Page 2
Olt) -'0090
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.
6. The vacated property shall vest in the owner of the land abutting the vacated
property by extension of the person's abutting property boundaries to the center of
the vacated property (per ORS 368.366).
Recommendation:
The Department recommends approval of this vacation, subject to the reservation of a
utilities easement for the existing facilities.