1995-18030-Order No. 95-064 Recorded 5/25/19959t'-18030
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
9,5_17899
PREVIEWED
An Order accepting and approving the Engineer's
r/ -,L 4 e� 9 -
Report on the vacation of all the Alley in Block 26 of LEG COUNS
Laidlaw Subdivision, Deschutes County, Oregon,
setting a date for a public hearing, and providing for
public notice of said hearing.
0146-
1496
ORDER NO. 95-064
F; --�
WHEREAS, the Board of County Commissioners of Deschutes County, Orego' n, initiated the
vacation by Resolution Number 95-051 dated on May 24,1995; 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
right-of-way known as all of the Alley in Block 26 in the official plat of Laidlaw, Exhibit "A", attached
hereto and by this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, July 5, 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 day of 1995. EYP HED
0111
�- -y BOARD OF COUNTY COMMISSIONERSf�
OF D SCHUTES,F(�JNTY, OREGON
BA Y H. LA G TER, IAIIRlVIAN
d�-
o,
NAN OP C ANGE , COMM IONER
Recording Y Secretar "CJ
AEi�
ROB49RT L. NIPPER, COMMI S IONER
Re-recorded to attach a signed Exhibit C to document ;V44
CHEc
previously recorded in Book 146 Page 1496. 1995
1 - ORDER NO. 95-052 :j 1 '.15
�JTES CO
�u �A
EXHIBIT "A" 0146-1497
0146-150"7
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer ;�
DATE: May 18, 1995
SUBJECT: Engineer's Report
Vacation of Alley in Blk. 26 Laidlaw (Tumalo)
61 150 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 1") from John and
Kathleen Milem, requesting the vacation of a public road right-of-way being a 20
foot wide alley in Block 26 of Laidlaw (Tumalo). The legal description of the alley
to be vacated is attached as "Exhibit 2".
The Milem's own all of the property which abuts the proposed vacation (see
attached map "Exhibit 3"). The petitioners are requesting this vacation because the
alley has never been used as a roadway, is not needed for public access, and they
would like the right-of-way to be combined with their property 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
Tumalo Irrigation Co.: No Response
U.S. West Communications: No response
Pacific Power and Light: No response
Central Electric Cooperative: No response.
Deschutes County Community Development:
Planning (Dale Van Valkenburg) - Petitioner should be made aware that lots 1-6
are currently separate legal lots of record. Once the vacation is complete, lots 1-
12 will be only one lot of record.
Deschutes County Property Management: No response
Quality Services Performed with Pride
'Engineer's Report
Page 2
Laidlaw Water District: No response
0146-1508
0146-1498
The legal description of the proposed vacation, which was attached to the
preliminary notice, contained the County's standard blanket reservation for a utility
easement on the entire parcel. After receiving responses from the preliminary
notice, the property owner expressed a concern about the ability to develop this
parcel, with the blanket easement on it. Although there had been no indication from
the utility companies that they had facilities impacted by the proposed vacation, it
was felt that a further investigation was necessary.
The Department requested a utility locate through the "one -call" underground utility
locating service. No utilities were identified on this parcel through this process. We
also made a thorough field search of the parcel and found no evidence of any
existing utilities.
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 the "Townsite of Laidlaw", recorded with the Crook
County clerk on August 31, 1904.
2. This right-of-way does not provide access to any public lands, rivers, or streams.
3. There is no evidence of any utility facility lying within the proposed vacation.
4. This right-of-way does not provide access to any parcels other than the abutting
property.
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 this right-of-way will allow for better use of this parcel of land since
it is not needed for public road purposes.
It is also the Engineer's assessment that the proposed vacation does not affect any
utilities and is not needed for any future utility facilities. The Engineer recommends
that the right-of-way be vacated without a reservation for utility easements.
If vacated, the property shall vest with the abutting property owner in accordance
with ORS 368.366.
0146-1509
EXHIBIT "1"
0146-1499
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: 20 foot allev that lies hetween
Lot 1 - 6 and 7 - 12, -B.1_ock 26, Laidlaw, Tax Serial No. 133523, 133520
Located in 'humato
Deschutes* County_
DATED this 6 day of March lg 95
NAME ADDRESS
ate: Alt adioi_ni.n nronert is owned b aoplicant
� v Y (see enclosed map),
i.e. Lots 1 - 12, Block 26, Laidlaw.
John and Kathleen Milem 1972 NE 3rd #334, Bend, OR 97701
I certify that this is the true and originzl petition circulated by me_
AL.
SIG ,ATURE �l
1972 NE 3rd #334, Bend, OR 97701
ADOR�SS
503/382-3929
TELEPHONE
FORM: DPW - VAC 2
0146-1500
0146-151®
EXHIBIT "2"
The 20 foot Alley that lies between Lots 1 through 6 and Lots 7 through 12
running between Sixth Street and Seventh Street in Block 26 located in
Section 31 of Township 16 South, Range 12 East as shown on the official
plat of Laidlaw.
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EXHIBIT "3"
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EXHIBIT "B"
The 20 foot Alley that lies between Lots 1 through 6 and Lots 7 through 12
running between Sixth Street and Seventh Street in Block 26 located in
Section 31 of Township 16 South, Range 12 East as shown on the official
plat of Laidlaw.
0146-1513
• EXHIBIT "C"
0146-1503
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 JULY 5, 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.
In response to a petition by landowners, Deschutes County initiated the vacation of all of
the Alley in Block 26 in the official plat of Laidlaw (Tumalo) Subdivision located in Deschutes
County.
The County Engineer has filed a report with the Board of County Commissioners
recommending the vacation of the aforementioned road right-of-way. This report also
recommends that the right-of-way be vacated without a reservation for utility easements.
NOTE:
In contrast to the County's past policy, a utility easement will not be reserved on vacated
public road right-of-way parcels unless there is physical evidence of an existing utility on the
parcel, or a utility company provides evidence of an existing facility, or there is a specific request
from a utility company to retain an easement for a planned future facility.
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: June 15, 1995 and June 25, 1995
POSTED: June 15, 1995
MAILED: June 5, 1995
• EXHIBIT "C" 0146-15-5
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 JULY 5, 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.
In response to a petition by landowners, Deschutes County initiated the vacation of all of
the Alley in Block 26 in the official plat of Laidlaw (Tumalo) Subdivision located in Deschutes
County.
The County Engineer has filed a report with the Board of County Commissioners
recommending the vacation of the aforementioned road right-of-way. This report also
recommends that the right-of-way be vacated without a reservation for utility easements.
NOTE:
In contrast to the County's past policy, a utility easement will not be reserved on vacated
public road right-of-way parcels unless there is physical evidence of an existing utility on the
parcel, or a utility company provides evidence of an existing facility, or there is a specific request
from a utility company to retain an easement for a planned future facility.
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
4
BARRY H. SLAUGHTER, Chairman
PUBLISHED: June 15, 1995 and June 25, 1995
POSTED: June 15, 1995
MAILED: June 5, 1995