1995-01230-Resolution No. 95-001 Recorded 1/4/199595.01230
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
A Resolution Accepting a Petition
to Vacate portions of public road right
of way located in Hill Crest Subdivision,
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.
REVIEWED
LEGAL COUNSEL
DESCHUTES ,
RESOLUTION NO. 95-001
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, was petitioned to vacate portions of public road right of way
located Hill Crest Subdivision 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 portions of public
road right of way within Hill Crest Subdivision 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 4-t6 day of 1995.
BOARD OF COUNTY COMMISSIONERS KEYBE�
OF DESCHUTES COUNTY, OREGON x-1995
A E S"T
Recording Secretary
1 - RESOLUTION NO. 95-001
I
�•' 1iN COMMISqIONER
ROBIWT L. NIPPER, COMMYSSIONER
r_
RESOLUTION NO. 95-001
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, was petitioned to vacate portions of public road right of way
located Hill Crest Subdivision 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 portions of public
road right of way within Hill Crest Subdivision 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 4-t6 day of 1995.
BOARD OF COUNTY COMMISSIONERS KEYBE�
OF DESCHUTES COUNTY, OREGON x-1995
A E S"T
Recording Secretary
1 - RESOLUTION NO. 95-001
I
�•' 1iN COMMISqIONER
ROBIWT L. NIPPER, COMMYSSIONER
U
0137-1932
PUBLIC RIGHT OF WAY DESCRIPTION
WITHIN HILL CREST SUBDIVISION
15-13-19DA
Vacation of portions of public road right of way within Hill
Crest Subdivision, Deschutes County, Oregon, as shown on
attached Exhibit "A".
EXHIBIT "A"
0137-1933
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Gary Giacci Gary Giacci
Horizon Homes, Inc. Horizon Homes, Inc.I
1250 N.W. 4th 1250 N.W. 4th
Redmond, Oregon 97756 I Redmond, Oregon 97756 o�n�
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EXHIBIT "C"
U13'7-1934
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: December 29, 1994
61150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
SUBJECT: Engineer's Report
Vacation of Public Road Right-of-way within Hill Crest Subdivision
This report is made pursuant to ORS 368.326 through 368.366, concerning the
vacation of public road right-of-way.
Background:
Deschutes County received a petition from Joel Gisler, Pat Gisler, and Gary Giacca
(Horizon Homes, Inc.), requesting the vacation of portions of road right-of-way
located in Hill Crest Subdivision.
The reason for the request is to meet the conditions of approval outlined in the
tentative approval (TP -94-830) for the proposed Summit Subdivision. The proposed
subdivision is a replat of the existing Hill Crest Subdivision, which will result in a
reconfiguration of the existing road right-of-ways.
Discussion:
The Department of Public Works mailed preliminary notices of the proposed
vacation to the affected agencies. Their responses are as follows:
City of Redmond Planning Department: No response.
City of Redmond Public Works Department: Vacation should be contingent
upon the filing of the final plat for Summit Subdivision. The new alignment of
39th Street should line up with Cascade Vista Drive to the south.
U.S. West Communications: No response.
Pacific Power and Light: No response.
Central Electric Cooperative: No response.
Cascade Natural Gas: No response.
Falcon Cable TV: No response.
Deschutes County Community Development: 1. Applicants Pat and Joel
Gisler have received tentative approval for "The Summit" Subdivision, File #TP -
Quality Services Performed with Pride
Engineer's Report
Page 2
0137-1035
94-830. 2. Please refer to area marked in blue on attached map, that should be
part of the road vacation. 3. Please refer to Condition of Approval #1 of the
conditions for file #TP -94-830 (attached).
Deschutes County Property Management: No comment.
Note: The Hearings Officer's Findings and Decision for TP -94-830, dated
November 1, 1994, Condition of Approval #1 states:
"1. All public rights-of-way located within the proposed subdivision that are
included within any lot shown on the subdivision shall be vacated prior to final
platting of the subdivision, according to the procedures set forth in ORS 368.326
- .366. Failure to obtain vacation of these rights-of-way will render this land use
approval null and void, as such vacation is absolutely essential to approval of this
subdivision as numerous lots in the subdivision are platted in areas that are
presently dedicated as public rights-of-way."
Findings:
Based on preliminary responses and the Department's research of the proposed
vacation the Engineer makes the following findings:
1. The right-of-way proposed for vacation was dedicated to the public for road
purposes on the original plat of "Hill Crest", signed by the Board of County
Commissioners on August 4, 1949. The public right-of-ways shown as alleys were
dedicated by a separate dedication deed document.
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 proposed vacation.
4. Portions of this road right-of-way are currently being used for access. There are
no developed (county standards) roads within the right-of-way. The proposed replat
of this subdivision will replace the vacated right-of-way with similar right-of-ways.
5. Per ORS 368.366, 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.
Recommendation:
It is the Engineer's assessment that the proposed vacation is in the public interest.
The vacation of these right-of-ways will allow for better development of the
property with no loss in functionality of the transportation system.
The Engineer recommends that the Board hold the public hearing and make a
decision regarding the vacation of the right-of-ways as shown. The actual Orders
vacating the right-of-way should not be signed until the subdivision plats are signed
by the Board. This subdivision is proposed to be done in three phases. The
vacation Orders should be done on a phase by phase basis (ie. only vacate those
roads necessary for that particular phase).
The vacated property shall vest with the abutting property owner in accordance with
ORS 368.366.