1995-30708-Resolution No. 95-122 Recorded 8/31/1995REVIEWED
9 -00'106 R�Xj
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT , C=am`
A Resolution of Intent to Vacate a Portion of _'j u 5
Cypress Street located in Section 18, Township
18 South Range 12 East, W.M., in Deschutes }*,.'` 7`'
County, Oregon. * "�'NTY
e ' it •p a., ,
RESOLUTION NO. 95-122
WHEREAS, in the process of acquiring a certain piece of
property for the Brookswood Boulevard right of the County has
agreed to vacate a portion of Cypress Street, described in Exhibit
"A" attached hereto and by this reference incorporated herein; and
WHEREAS, said portion of the Cypress Street right of way is
not necessary for the Brookswood Boulevard right of way; and
WHEREAS, the owner of the property being acquired has filed
with the Board of County Commissioners a petition requesting said
vacation (a copy of which is attached hereto as Exhibit "B") and
said petitioner constitutes 100 percent of the owners of property
abutting said portion of Cypress Street; 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 the Board
adopts his findings as its own; and
WHEREAS, the vacation is contingent upon the County's receipt
and recording of Petitioner's deed for a portion of the Brookswood
Boulevard right of way; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That by executing this resolution the Board
signifies it's intent to vacate the property described in Exhibit
"A" upon recording of that certain deed from petitioner for a
portion of his property falling within the Brookswood Boulevard
right of way, a copy of which i attached hereto as Exhibit "D."
DATED this ,-30 day of I A , 1995.
BOARD OF COUNTY COMMISSIONERS
OF D CHUTES C , O�jR�IEGON
BAW H./SLAUGHTER,/Chairman
A E T: N C P SC LAN EN, mmissioner
Recording Secre ary R019EAT L. NIPPER, Co ioner
i+,IC;p��LMED
.C:1117--1`1 G3
Legal Description for the portion of Tax Lot #400 Of 18-12-18BB to be
Vacated by Deschutes County
A parcel of land located In the NW 1/4 of the NW 1/4 of Section 18, Township 18
South, Range 12 East, W.M_, Deschutes County, Oregon, also being a portion of Tract 18
of Way West Properties, more particularly described. as follows:
Commencing at the SW comer of said Tract 18 as sham on the plat of Way West
Properties (CS 11398); thence, along the West line of said Tract 18, N 01' 11'W E 40.01
feet; thence, leaving said West fine, S 89' 44' 05" E 279.02 feet to the True Point of
Beginning, thence S 89.44' 05" E 60.00 feet; thence 64.35 feet along the aro of a 50.00
foot radius non -tangent curve to the left, the long chord of which bears N 89' 44' 05" W
60.00 feet, to the True Point of Beginning.
EXHIBIT A i -b
Page __
0147-1 04
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Petition Seeking Vacation of Certain
Described Property in Deschutes County.
Pursuant to ORS 368.341, the undersigned respectfully petitions the Board of County
Commissioners for Deschutes County, Oregon, to vacate certain described property located in Deschutes
County, as further described herein.
1. I am the owner of certain property described in Exhibit "A," attached hereto and by this
reference incorporated herein (hereinafter referred to as "the Property").
2. The tract to be vacated is that portion of the cul-de-sac bulb of the Cypress Street right-of-
way, as is described in Exhibit "B," attached hereto and by this reference incorporated herein, that extends
outside the right-of-way width for the proposed Brookswood Boulevard. Said tract abuts the Property.
3. The reason for this vacation is that the County has proposed road improvements for a
through street arterial along the southern border of the Property. The cul-de-sac previously planned for
Cypress Street is to be replaced by the new proposed through street, and the tract to be vacated lies
outside the right-of-way for the proposed through street arterial and is no longer needed.
4. There are no other persons holding any recorded interest in the property to be vacated.
5. There are no improvements located on the property to be vacated.
6. By signing this vacation petition, I si 'fy my approval of the requested vacation.
DATED this day of 1 1995.
STATE OF OREGON )
ss.
County of-WAa4_i?- _mA4 )
The foregoing instrument was acknowledged before me by Jeffrey F. Dulcich this //day of
1995.
OFFICIAL SEAL
LINDA W. CRIST
NOTARY PUBLIC -OREGON
COMMISSION NO 025714
MYCOMIAISS!01" ":' r�ilr= 31597
Notary Public for Oregon
My Commission Expires: k y L�
EXHIBIT �_ ec�ivlr�;� `�? 12,L
Page__A___.,_
i1�'1 1 -j 1' Uj
Exhibit A
That portion of Tract Eighteen (18) of WAYWEST PROPERTIES,
Deschutes County, Oregon, described as follows:
Beginning at the Northwest corner of said Tract 18; thence North
89°26133" East, 610.69 feet; thence South 0020' West, 720.00 feet
to the South line of said Tract 18; thence South 89°26133" West
along the Southerly line of said Tract 18, 612.45 feet to the
Southwest corner of said Tract 18; thence North 00°28104" East
along the Westerly line of said Tract 18, 720.00 feet to the point
of beginning.
data\vacate.pet
EXHIBIT 42IL5 RS-ttiZ
Page Zr
0147-1706
Legal Description for the portion of Tax Lot #400 Of 18-12-188B to be
Vacated by Deschutes County
Exhibit B
A parcel of land located in the NW 1/4 of the NW 1/4 of Section 18, Township 18
South, Range 12 East. W.M.. Deschutes County, Oregon, also being a portion of Tract 18
of Way West Properties more particularly described. as follows:
Commencing at the SW comer of said Tract 18 as shown on the plat of Way West
Properties (CS 11398); thence, along the West line of said Tract 18, N 01" 11' 55" E 40.01
feet; thence, leaving said West One, S 89" 44' 05" E 279.02 feet to the True Point of
Beginning; thence S 89' 44'060 E 60.00 feet; thence 64.35 feet along the aro of a 50.00
foot radius non-tangent curve to the left, the long chord of which bears N 89' 44' 05" W
60.00 feet, to the True Point of Beginning.
EXHIBIT
Page....---._---------
0147-1707
Department of Public Works
61150 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: August 25, 1995
SUBJECT: Engineer's Report
Vacation of a portion of Cypress Street (aka. Brookswood Blvd.)
This report is made pursuant to ORS 368.35 1(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) 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:
In the process of acquiring public road right-of-way for the construction of
Brookswood Boulevard, Deschutes County made an agreement to vacate a portion
Cypress Street in exchange for the needed right-of-way parcel. Subsequently the
abutting property owner, Jeffrey Dulcich, filed a petition (attached as "Exhibit I")
with the County requesting the said vacation.
Findings:
1. Property proposed for vacation was dedicated to the public and accepted by the
County as a public road right-of-way as shown on the official plat of Waywest
Properties recorded in the Deschutes County Deed Records on May 13, 1968 in Plat
Cabinet A, Page 159. The parcel proposed for vacation is shown on the attached
map and described in Exhibit "B" of the petition.
2. Jeffrey Dulcich is owner of 100 percent of the property abutting the right-of-way
proposed to be vacated. There are no others persons holding any recorded interest in
the abutting property. C 4..o LAZ�
EXHIBIT
Quality Services Performed with Pride Page I
0147--1708
Engineer's Report
Page 2
3. The right-of-way proposed for vacation does not provide access to any parcels
other than Dulcich's.
4. The right-of-way to be vacated was previously planned for a cul-de-sac at the end
of Cypress Street. Cypress has since become a through arterial street (Brookswood
Blvd.) and the right-of-way to be vacated lies outside the right-of-way needed for
the arterial.
5. There are no improvements or utility facilities lying within the proposed
vacation.
Recommendation:
It is the Engineer's assessment that the proposed vacation is in the public interest.
This property is no longer needed for roadway purposes and was in fact agreed to be
vacated as part of an exchange to acquire other needed road right-of-way.
The vacated property shall vest with the abutting property owner, Jeffrey Dulcich, in
accordance with ORS 368.366.
EXHIBIT < O -
Page Z
Aft.
'BARGAIN AND SALE DEED 0147-1709
Jeffrey F. Dulcich, Grantor, conveys to Deschutes County, a
political subdivision of the State of Oregon, Grantee, the
following described real property:
A parcel of land located in the NW 1/4 of the NW 1/4 of
Section 18, Township 18 South, Range 12 East, W.M.,
Deschutes County, Oregon, also being a portion of Tract 18
of Way West Properties more particularly described as
follows:
Beginning at the southwest corner of said Tract 18; thence
South 89' 44, 05" East 259.67 feet along the South line of
said Tract 18 to a point on the right-of-way line of Cypress
Street; thence, leaving said South line along, said
right-of-way line 46.36 feet along the arc of a 50.00 foot
radius non -tangent curve to the right the long chord of
which bears North 44° 44. 05" West 14.14 feet; thence,
leaving said right-of-way line North 890 441 05" West 279.02
feet to a point on the West line of said Tract 18; thence,
along said West line South 01' 11' 55" West 40.01 feet to
the True Point of Beginning.
SUBJECT TO: All right of ways, easements and encumbrances
common and apparent on the land.
This instrument will not allow use of the property described
in this instrument in violation of applicable land use laws and
regulations. Before signing or accepting this instrument, the
person acquiring fee title to the property should check with the
appropriate city or county planning department to verify approved
uses.
The true consideration for this conveyance is $4,480.00.
DATED this day of , 1993.
Jeffrey F. Dulcich
STATE OF OREGON )
) ss.
County of Clackamas )
The foregoing instrument was acknowledged before me by
Jeffrey F. Dulcich this day of , 1993.
Notary Public for Oregon
My Commission Expires:
EXHIBIT
Page
1 - BARGAIN AND SALE DEED
0147-1710
ACCEPTANCE OF BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the State of
Oregon, accepts the Bargain and Sale Deed to that certain real
property herein described, as heretofore conveyed to Deschutes
County, on this day of , 1993.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM THROOP, CHAIR
ATTEST:
NANCY POPE SCHLANGEN, COMMISSIONER
Recording Secretary
BARRY H. SLAUGHTER, COMMISSIONER
STATE OF OREGON )
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared TOM THROOP,
NANCY POPE SCHLANGEN and BARRY H. SLAUGHTER, the above-named Board of
County Commissioners of Deschutes County, Oregon, and acknowledged
the foregoing instrument on behalf of Deschutes County, Oregon.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
EXHIBIT
Page_
2 - BARGAIN AND SALE DEED