1995-01135-Order No. 94-170 Recorded 12/15/19941, 95-01136
363 -0675
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
REVIEW
An order Vacating a portion of *
Crow Road (a.k.a. Brookswood
Boulevard Road, located in
Section 24, Township 18 South,
0137-.1737 LE COUNSEL
Range 11 East, W.M., in Deschutes *
�...
County, Oregon
95-01135
ORDER NO. 94-170 r
WHEREAS, certain property owners
have filed a petition,.
of which is attached hereto as Exhibit
"A" and by this re�en6&
incorporated herein, with the Board
of County Commissions d
Deschutes County, Oregon requesting the vacation of a porti'oj�_;o
Crow Road, described in Exhibit "B"
attached hereto 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 Crow
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 property vacated in Section 1, shall vest
in the owner of the abutting land, as provided in ORS 368.366.
Section 3. That the Deschutes County Surveyor is directed to
mark the plat, if any, as provided in ORS 271.230.
Section 4. That this Order shall be recorded with the
Deschutes County Clerk and copies shall be filed with the Deschutes
County Surveyor and County Assess
DATED this �� day of 1994.
BOA D OF COUNTY COMMISSIONERS?pr,
0 DES�CpHUTE, COUNTY, OREGON
Af
NAN2 POP SC LANGEN, CHAIR
A ES KEY U C'IiE;L,
TO OOP, Ci O�11S S I ONEgL / JAN 1 1 1995
Recording Secreta y
BARRY H. gLAUGHTER, COMMISSIONER
0137-1738
EXHIBIT "B"
That portion of the old Crow Road right-of-way described in
Deschutes County Deed Records Volume 342 Page 2998.
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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0006
363 " 0678 0137-1740
Department of Public Works
61 150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
EXHIBIT "C"
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: December 7, 1994
SUBJECT: Engineer's Report
Vacation of a portion of Crow Road (aka. Brookswood Blvd.)
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)
£
(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 Eugene Amy, requesting the vacation of
a portion of road right-of-way located at the intersection of Baker Road and
Brookswood Boulevard (previously known as Crow Road). Mr. Amy is the sole
abutting property owner since this parcel is bounded on the other sides by public
road right-of-way.
The parcel proposed for vacation was part of a property exchange, initiated by
Deschutes County, for the acquisition of right-of-way for the Brookswood extension
project. A public hearing was held on September 1, 1993 for the exchange of the
property and the Board signed Order 93-181 approving the exchange.
The deeds for the exchange were recorded on June 16, 1994. The property acquired
by the County was subsequently dedicated to the public as road right-of-way by a
Declaration of Dedication deed recorded on August 4, 1994.
Quality Services Performed with Pride
Engineer's Report 0137-1741
Page 363 - 0679
There was the understanding at the time of the exchange agreement that the property
would be vacated. The property that was deeded to Mr. Amy has not been vacated,
thus the request to vacate the right-of-way at this time.
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 was in fact traded as part of a
property exchange to acquire other needed road right-of-way.
The vacated property shall vest with the abutting property owner in accordance with
ORS 368.366.
363 '! 0680
STATE OF OREGON )
COUNTY OF DESCHUTES ) SS.
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:
BY. DEPUTY
NO. FEE �.
DESCHUTES COUNTY OFFICIAL RECORDS