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1995-21553-Order No. 95-101 Recorded 6/22/1995EVIEWED LEGAf COUN BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 95-21473 An Order Vacating a Public Utility Easement within the Old Brooks -Scanlon Logging Road, located in Section 8, Township 18 South, Range 12 East, W.M., in Deschutes County, Oregon ORDER NO. 95-101 376 258 WHEREAS, certain property owners have filed a petition, a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein, with the Board of County Commissioners of Deschutes County, Oregon requesting the vacation of a Public Utility Easement within the Old Brooks -Scanlon Logging 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 Public Utility Easement; 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 Public Utility Easement, described in Exhibit "B", attached hereto and by this reference incorporated herein, is hereby vacated. Section 2. That the Deschutes County Surveyor is directed to mark the plat, if any, as provided in ORS 271.230. ORDER NO. 95-101 - Page 1 KEYPUNCHEI) IN 2 21995 I1�q1; 014'7-0154 376 2539 Section 3. That this Order shall be recorded with the Deschutes County Clerk and copies shall be filed with the Deschutes County Surveyor and County Assessor. DATED this day of Liolza.. 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON BARRY H. LAUGHTER, CHAIRMAN I111.�1i�i:�/� `� JAW/ 09AW NANCY �� . IS§(ON ER ROBERTRecording Secretary r NIPPER,COMMISSIONER STATE OF OREGON ss. County of Deschutes ) Before me, a Notary Public, personally appeared BARRY H. SLAUGHTER, NANCY POPE SCHLANGEN, AND ROBERT L. NIPPER, the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this �( day of OFFiCK UAL AWA WWCNIE WARY PUB.GC-ORMN COMMISM NO. 02380 My OWMI UPM AFWL 16, 1997 ORDER NO. 95-101 - Page 2 5. Notary Public for Oregbn p My Commission Expires: -4— 19-97 % .hiAY-19-95 FRI 11:40 DESCHUTES COUNTY FAX NO, 503 388 4752 P,03 C(Dy FED Lr BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS APPLICANT ) PETITION TO VACATE RESER VATIONS IN FAVOR OF THE ELKHORN ESTATES LEM1TED, ) PUBLIC WITHIN THE OLD BROODS a limited partnership ) SCANLON LOGGING ROAD 376 ?510 1 _ The Petitioner is Elkhorn Estates Limited, a limited partnership, by and through JAO Elkhorn, Inc., general partner and its president, Jaynes R Olson. 0147— `0- fto 2. The request is to vacate that certain reservation set forth in Volume 349, Page 189, A a Records, Deschutes County, Oregon, as it lies within a portion of the Old Brooks Scanlon Logging Road which was vacated. The reservation is attached hereto as Exhibit "A" and by this reference incorporated herein. 3. The Petitioner is requesting that these reservations be vacated for the reasons that a portion of the Old Brooks Scanlon Logging Road has previously been vacated by order of the Commissioners, Order No. 94-124 recorded in Volume 349, Page 186, Official Records, Deschutes County, Oregon, a copy of which is attached hereto as Exhibit "B", and by this reference incorporated herein, but the reservations refexenced above were not removed as part of that vacation and continue to encumber the property. 4. The Petitioner is the sole owner of the property encumbered by the reservations. 5. The name and address of all persons holding any interest in the recorded real property proposed to be vacated are as follows: Elkhorn Estates, Limited, c/o Jim Olson, 1070 NW Bond Street, #203, Bend, OR 97701 6. There are no improvements constructed on the property encumbered by the easements in favor of the public proposed to be vacated. 1 - PETITION TO VACATE ROAD (rslAsonol1.001) Raley &vent Lovhim Lunch Jarvis ® Re A.T 1.'W 40 N.W. C;reenwood P.O. Box 1131 Bend, Oregon 97709-1151 (503) 382-4331 Fax (503) 389-3386 MAY, -19-95 FRI 11:41 DESCHUTES COUNTY FAX NO. 503 388 4752 P104 3:76 1541 7. This petition is signed and acknowledged by the owner of 100 percent of the land abutting the property that is encumbered by the reservations as set forth above proposed to be vacated. 8. If the reservations are vacated, it will not result in any redivision in any manner. DATED this % 9 day of May, 1995. ELKHORN ESTATES, LIMITED 0147-01 6 JAMES R. OLSON, General Partner and President STATE OF OREGON, County of Deschutes, ss: The foregoing instrument was acknowledged before me this 11, day of May, 1995, by JAMES R OLSON, General Partner and President of ELKHORN ESTATES, LIMITED, a limited partnership, on behalf of said partnership. i , ! 1h Notary Pubfic%bt rego CFIAL SEAL My ComnionEn r�s: ' l ' NOTARY FOLIC-NE00N GO��MiSSiOM PJo_ X23559 idY C©hiMISS10N EXPIRES APRIL 7, 1997 2 - PETITION TO VACATE ROAD (rsl:oisonoi 1.001) Kuley &y itt LovhenL ckt jarm ® Re A�R7P�W ATl 40 :V, W. Greenwood P.Q. Box 1151 &xnd, Oregon 977N-1151 (503) 382-4331 R-(503)389-3356 MAY -19-95 FRI 11:41 DESCHUTES COUNTY FAX NO. 503 388 4752 7 - a t a 9 l peel a2 !.AW "r �. _/2 at 3nCC=an a. a :5 sour tarsen 3 Vic• a.:L• . 3ea�aCd :aanry• . ^ewcsesa -h. 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L::;.p�; !`..ae =1il.a .s:!'•s atra.i.l `ar •�Ceeded •.t.:s. 3' ^•aacsltC� ? =,vn '_'.arx iaG :�glos �sl:. se •� '�l.:� -.e =as�at.ss CSC/ 31s"�Yer CY gj .%$same=. 7 /i. -1 3p�11 :P , =4fa3ss Olt V=j mg MR • 3.1itAY 3. r 9 ocam .317aq - 3TZ= S..•i2S94t .216 178£ ?OS .Vd 98=30 !N.! .Q/yZ/YO 014'7-0159 EXHIBIT "B" That certain reservation set forth in Volume 349, Page 189, Official Records, Deschutes County Oregon, as it lies within a portion of the Old Brooks Scanlon Logging Road. 376 -2515 E&NUR CURVE DATA r 147--01.60 aR�E RADIUS LENc7N TANGENT I CNDRDSEAMNC DELTA I 603.89 279.4 142.29 27.98 S 09380 W 26'31 29 54].69 251.70 18.14 249.45 N D9'360 E 267129 9 Y 7,7 7.79'N W 0210 24 1 �O.aO' I Si I r i Q�oo� � jlj 1612069 I I T.L2290 DESCMTES muNtr Parcel 1 Contains 71.691 Sq. Ft. or 1.65 Acres. f I , CI Elkhorn EstatesK 517 ✓off �� quo I�, i oj I / E W 1/4 CORNER x4✓ V I SECTION 8 J T.18S., R.12E. W.X. I 1 ' s I + I + 8hl I " i 1 P.O.B. Parcel 1 I I I 6655'OY W - � I 27.OS 10729'2Y _ E --�--� ua9'_ -- LV ERS ROAD 1100' 5 e�03' E 21.12 s 071912' W 150-0* 1109' Yet 66'Wor W E ^ P.O.B. Parcel 2 a I 1 .6.66' IParcel 2 1 iI Contains 1,161 Sq. Ft. or 0.03 Acres. 111 A PORTION OF THE OLD BROOKS—SCANLON LOGGING ROAD R.O.W. ADJACENT TO LOTS 12 & 13 OF BLAKELY HEIGHTS— ICS 5802 DEPARTMENT DESCHUTEUNTY S WORKS IDATE:7/6/94 SCALE 1"=200'I FIRLE• BRKSWD.DWGIISHOFT61150 S.E. 27TH STREET, BEND, OR. 97702 VIEW1 JT E s c EXHIBIT «C„ 376 2546 W k ��i s De artm�i1,11� Wor 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 /e DATE: June 8, 1995 SUBJECT: Engineer's Report Vacation of a Public Utility Easement Within The Old Brooks Scanlon Logging Road This report is made pursuant to ORS 368.351(1), concerning the vacation of property 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 Elkhorn Estates, Limited, requesting the vacation of that certain reservation set forth in Volume 349, Page 189, Official Records, Deschutes County Oregon, lying within a portion of the Old Brooks Scanlon Logging Road. The road right-of-way on this portion of the Old Brooks Scanlon Logging Road was vacated by order of the Board of Commissioners, Order No. 94-124 recorded in Volume 349, Page 186, Official Records, however a reservation for utility purposes was retained on the parcel. Elkhorn Estates, Limited, has subsequently subdivided this property (Elkhorn Estates Phase 1,2, & 3, recorded on May 5, 1995 in cabinet D, page 119 plat records). This encumbrance on the property has presented problems for the owner, Elkhorn Estates, Limited, in obtaining building permits and potentially in the sale of the parcels, hence their request to vacate the reserved easement. 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 Quality Services Performed with Pride F 0147-0162 Engineer's Report Page 376 ., 2547 U.S. West Communications: O.K. Pacific Power and Light: No response Central Electric Cooperative: No response. Deschutes County Community Development: No response. Deschutes County Property Management: No response Avion Water company: Avion does not have any facility in the old Brooks - Scanlon right-of-way. Avion has no future interest in this property City of Bend Water Department: City of Bend Water Division has no facilities within the proposed vacated area. Community Development: No response. Property Management: No response. Roats Water System: No response. Arnold irrigation District: No response. Bend TV Cable Co.: No response. The Department also reviewed the proposed vacation in the field with the developer's engineer. All of the utility facilities serving the subdivision lie within the newly platted road right-of-ways. There appeared to be no utility facilities affected by the proposed vacation. Findings: It is the Engineer's assessment that this vacation is in the public interest as the reservation for a utility easement is not needed for existing or future utility facilities, and the vacation will allow for the planned use of this land. The Engineer has verified that proceedings for this vacation have been initiated by a petition under ORS 368.341 that contains the acknowledged signature of the owner of 100 percent of the property abutting the proposed vacation. Recommendation: It is the Engineer's recommendation that the Board approve the vacation of the reserved easement as described in the attached Order No. 95-101. The vacated property shall vest with the abutting property owner in accordance with ORS 368.366. t6 - 2548 0147-01(;3 STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) 1, MARY SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT HE WITHIN INSTRUMENT WAS RECORDED THIS DAY 95 JUN 9-2 'AM 10= 14 N0. _ ------ f DESCHUTES COUNTY OFFICIAL RECORDS