1995-09627-Order No. 95-052 Recorded 3/29/1995REV EWED
• BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C1,.JU ,
LEG L COUNSE!
An Order accepting and approving the Engineer's
Report on the vacation of a portion of Rocking Horse
Road in River Bend Estates Subdivision, Deschutes
County, Oregon, setting a date for a public hearing,
and orovidina for public notice of said hearina.
94 "U�)bZ'i
ORDER NO. 95-052
0138-084'7
WHEREAS, the Board of County Commissioners of Deschutes County,
vacation by Resolution Number 95-048 dated on March 29, 1995; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County,
Oregon, the County Engineer has submitted a report on the proposed vacation pursuant to ORS
368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the Engineer's Report relating to the vacation of a certain dedicated public
road known as a portion of Rocking Horse Road, Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, May 10, 1995, at 10:00 a.m. at the Deschutes County
Juvenile Justice Center, Conference Room "A", Bend, Oregon 97701, the Board will hold a hearing to
determine whether vacation of the subject property, described in Exhibit "B", attached hereto and by
this reference incorporated herein, is in the public interest.
Section 3. Notice of said hearing shall be provided by posting and publication in a form that
substantially conforms with Exhibit "C", attached hereto and by this reference incorporated herein,
pursuant to ORS 368.346(3) and 368.401 to 368.426.
DATED this ?I day of Gb'Ld& , 1995.
BOARD OF COUNTY COMMISSIONERS
OF CHUTES, CPqNTY, OREGON
A�" 1 vlvokt/
AT S MV
NANCY
Recording Secretary v
ROBEA
H. 81-* i HTER, CHAIRMAN
l S iQ 1141
LANGEN, COMMISSIONER
L. NIPPER,
10
M2IJIFI-
91995
IC RM.Ti'LMW
1 - ORDER NO. 95-052
0 15 1995
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EXHIBIT "A"
0138-0848
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: March 23, 1995
SUBJECT: Engineer's Report
Vacation of a portion of Rocking Horse Road
61150 S.E. 27th St., Bend. OR 97702
(503) 388-6581 • FAX (503) 388-2719
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 (attached as "Exhibit I") from Hamid Madani,
requesting the vacation of a public road right-of-way being a portion of Rocking
Horse Road. The legal description of the portion to be vacated is attached as
"Exhibit 2".
Mr. Madani owns both of the parcels which abut the proposed vacation (see
attached map "Exhibit 3"). The petitioner is requesting this vacation because the
roadway within this right-of-way has been abandon and he would like the right-of-
way to be combined with his parcels lying on either side.
Discussion:
The Department of Public Works mailed preliminary notices of the proposed
vacation to the affected utilities and agencies. Their responses are as follows:
Bend Fire Department: No response
Arnold Irrigation District: No Response
Avion Water Company:
We have no facilities located in the area to be vacated.
U.S. West Communications:
Please retain easement for US West Communications existing.buried and aerial
cable on the north side of the road.
Pacific Power and Light:
Pacific Power and Light Company currently has facilities within the existing
roadway. The facility borders Lot 98 and stretches completely along the northern
boundary. We request that a right-of-way be maintained as part of the roadway
vacation that will allow our facilities to remain in their present location.
Quality Services Performed with Pride
Engineer's Report 0138-0&49
Page 2
Central Electric Cooperative: No response.
Cascade Natural Gas: No response.
Bend Cable Communications, Inc.:
Bend Cable has an overhead line going along the north side of this right of way.
We have both coaxial cable and fiber optic cable on this line and it serves all of
Deschutes River Woods. We are not able to remove or relocate this line easily.
We recommend this right of way remain intact indefinitely.
Deschutes County Community Development: No response
Deschutes County Property Management:
No objections.
Oregon Department of Transportation: No response.
Note: this vacation was discussed with ODOT during the planning and
construction phase of their Hwy. 97 project. ODOT had no objections to the
vacation.
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 "River Bend Estates Subdivision", signed by the
Deschutes County, Board of County Commissioners on November 9, 1961.
2. This right-of-way does not provide access to any public lands, rivers, or streams.
3. US West Communications, Pacific Power & Light, and Bend Cable all have
utilities lying within the proposed vacation.
4. Rocking Horse Road was realigned as a part of ODOT's reconstruction project
on Hwy. 97. The portion of Rocking Horse Road within the proposed vacation has
been abandon and is no longer needed for roadway purposes.
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 use of this parcel of land
since it is no longer needed for public road right-of-way.
If this vacation is approved, the Engineer recommends that an easement be reserved
for the existing utility facilities lying within the right-of-way.
If vacated, the property shall vest with the abutting property owner in accordance
with ORS 368.366.
EXHIBIT "1" 138—OSW
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated.
Description of road to be vacated: A 5o v-3cDE 5G^GT(ora _ o�
�RnC1410 C -N o RSt� RO.� 47 -TT 4n->- UP=S I -:-
C-6
SCo t --n ry a c1 s -rcv
c.w u &AT -e . o V -S- a o
Located in Deschutes County.
DATED this 6;T'o day of r:f=-F--�g—u.A.cM'-x' , 19 qS--
NAME
ADDRESS
1�r-it() Mr�vr4ui _ac���lFa TL 4oc�(�$•t2.19� 1�33� y U(l tcl �(�c9 �0f
D 14ADA+j I • OWtiU;R. TL qoo (�S•t2•lq> (03 3 Co F-"7' itt=DJ p2, gl✓t J 0�.4-1
I certify that this is the true and original p ti circul ted by me.
SIGN A URE nn
4r33-'3'6 �% e uIJ •- �'
ADDRESS 4 7 7a1
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TELEPHONE
FORM: DPW - VAC 2
0138-0851
EXHIBIT "2"
PROPOSED VACATION OF A PORTION OF ROCKING HORSE ROAD
A 50 foot wide section of Rocking Horse Road lying west of the westerly right-of-
way of U.S. Highway 97 and that lies between and is contiguous to Lots 98 and
99 of River Bend Estates Subdivision, Deschutes County, Oregon.
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.
0138-0852
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0138-0853
EXHIBIT "B"
PROPOSED VACATION OF A PORTION OF ROCKING HORSE ROAD
A 50 foot wide section of Rocking Horse Road lying west of the westerly right-of-
way of U.S. Highway 97 and that lies between and is contiguous to Lots 98 and
99 of River Bend Estates Subdivision, Deschutes County, Oregon.
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.
EXHIBIT „C„ 0138-0854
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON MAY 10, 1995, AT 10:00 A.M. IN THE DESCHUTES COUNTY
JUVENILE JUSTICE CENTER, CONFERENCE ROOM "A", BEND, OREGON, ON THE
PROPOSED ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED
PERSONS MAY APPEAR AND BE HEARD.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST PROMPTLY BE FORWARDED TO
THE PURCHASER.
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of Rocking Horse Road located in Deschutes County be vacated.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Public Works Department, 61150 S.E. 27th Street,
Bend, Oregon, (503) 388-6581.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
BARRY H. SLAUGHTER, Chairman
PUBLISHED: April 20, 1995 and April 30, 1995
POSTED: April 20, 1995
MAILED: April 10, 1995