1995-36518-Order No. 95-136 Recorded 10/19/1995REVIEWED
95-36518
LEGAC'COUNSd
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the Engineer's Report 15 0 I P1 Al ?: 18
on the vacation of public property lying in the Northwest 1/4 ; 4
of the Northwest 1/4 (NW 1/4, NW 1/4) of Section
Twenty -Two (22) Township Seventeen (17) South, Range
Twelve East, of the Willamette Meridian, Deschutes County,
Oregon, setting a date for a public hearing, and providing for
public notice of said hearing. 0148-033"t
ORDER NO. 95-136
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 95-123 dated on October 18, 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 Exhibit "A", attached hereto and by this reference
incorporated herein, relating to the vacation of certain dedicated public property described in Exhibit "B"
attached hereto and by this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, November 29, 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 /9 day of �o.11/li�, '1995.
Q 91995
ATT
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF WSCHUTES, QQL;NTY, OREGON
RY H. SLAUQNTER, CHAA)RMA
NANC POP 5'CH LIGE -COMMISSIOrJER
RO ERT L. NIPPER, CO S TONER
1 - ORDER NO. 95-052 }.-
J-�ES C
M AA
0
EXHIBIT "A"
4148-0x38
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: October 4, 1995
SUBJECT: Engineer's Report
Vacation of Public Property in 17-12-22
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 property.
Background:
Deschutes County received a petition (attached as Exhibit "I") from Patrick Gisler,
Scott Oakley, and Pat Bauer requesting the vacation of an 80 foot wide, 1240 foot
long parcel of dedicated public land lying in the NW 1/4 of the NW 1/4 of Section
22, Township 17 South, Range 12 East, WM, Deschutes County, Oregon. The
petitioners represent two of the three parcels of private land abutting the described
parcel.
The parcel of land proposed to be vacated was originally conveyed by Pat Gisler and
Scott Oakley to Deschutes County by a statutory Bargain and sale deed on April 19,
1990. The intent of the grantors and Deschutes County was for the parcel to be
dedicated as public road right-of-way.
Following the conveyance of this parcel to the County but prior to dedication to the
public, the projected location of Empire Blvd. changed pursuant to a Transportation
Plan amendment on March 7, 1994 so that the granted parcel was no longer needed
for roadway purposes. To facilitate the new location of Empire Blvd. under the
amended Transportation Plan, Pat Gisler and Scott Oakley conveyed by Warrenty
Deed, dated April 11, 1994, an additional parcel of land to Deschutes County as
road right of way. The additional parcel was conveyed with the expectation that the
originally granted parcel would be returned to the grantors.
The Deschutes County Department of Public Works assured the grantors, by letter
dated April 6, 1994, that the County would initiate the vacation of the originally
granted parcel. However, said parcel could not be vacated and returned to the
grantors without first dedicating it to the public as was originally anticipateds when
the parcel was conveyed to the County. Subsequently, this parcel was dedicated and
accepted by the County as public property by that deed recorded on July 20, 1995 at
Volume 370, Page 976 of the Deschutes County Deed Records, a copy of which is
attached as Exhibit "2". Said deed outlines the reasoning for the dedication and the
intention of the County to initiate the vacation of the parcel.
Quality Services Performed with Pride
Engineer's Report
Page 2
4148-0.`??q
The public property proposed for vacation is described and shown on the map in the
attached Exhibit "3".
Discussion:
The Department of Public Works mailed preliminary notices of the proposed
vacation to the affected agencies. Their responses are as follows:
City of Bend: Mike Wilson: No problem for City of Bend.
Bend Fire Department: No response.
Avion Water: David Tolve: Avion has no facilities in the area to be vacated.
We do not have any future interest in this property.
U.S. West Communications: Bob Payne: No comment.
Pacific Power and Light: No response.
Central Electric Cooperative: No response.
Central Oregon Irrigation Co.: No response.
Cascade Natural Gas: No response.
Bend TV Cable Co.: No response.
Deschutes County Community Development: No response.
Deschutes County Property Management: Brad Chalfant: No comment.
Findings•
Based on preliminary responses and the Department's research of the proposed
vacation the Engineer makes the following findings:
1. The parcel proposed for vacation was dedicated to the public and accepted as
public property by the Board of County Commissioners per that deed recorded at
Volume 370, Page 976 of the Deschutes County Deed Records.
2. This public property does not provide access to any other public lands, rivers, or
streams.
3. There appear to be no utilities lying within this proposed vacation.
4. This parcel is not currently being used for access to any of the adjoining land.
5. Prior to the dedication of this parcel on July 20, 1995, the parcel was County
owned land and, therefore, did not provide legal access to any of the adjoining
property.
Engineer's Report
Page 3
Recommendation:
0148-0340
It is the Engineer's assessment that it is in the public interest to complete the
proposed vacation so that the County does not unfairly benefit at the expense of
members of the public who have sought to facilitate effective transportation
planning in Deschutes County (refer to Declaration Dedication, Vol. 379, Pg. 976).
The Engineer further recommends that the vacated property vest with the parent
parcel from which it was originally deeded.
EXHIBIT 6`1" 0148-0341
Scott Oakley
PO Box 5633
Bend, Ore. 97708
To: Deschutes County Public Works
re: vacating right-of-way
I request the 80' x 1240' r.o.w. that lies west of NE 18th and south of the
northerly property line of Section 22, Township 17 Range 12 EWM be vacated.
The reason for this vacation is that the location of Empire Blvd has been moved
to the south 1240' (1/4 mile) and the r.o.w. is no longer needed.
P4 -r QA I- e c C%2 p 7 ? c1 /
ev, r U
A)E 045c.l-Pe
tJ t l` ")"ve
I30Nj�,) �. 9770 /
Z
Sincerly,
S c oT /I-41 QIICL-e �J
Xi2a/d,
/,512
S c vzz OA if `ty
le
f �-v 6*5/c5/elm
(Jo Box .s"L33
3� oR ) 770r
v
County of Deschu e
v
/-' yv
Personally appeared before me and stated
that this was signed by my own act and deed.
NOTARY
' STATE OF OREGON, County of Deschutes)ss.
This instrument was acknowledged before me
on July 20, 1995, by Patrick M. Gisler and
Scott H. Oakley.
-Notary Public for Oregon
my/commission expires (22.25--
OOFICIAL SEAL
ALYCE M TARSEN
NOTARY PUSIJC•OREGON
COMMISSION NO. 040609
MY COMMISSION EXPIRES JAN. 251989
0148-0342
Scott Oakley
PO Box 5633
Bend, Ore. 97708
To: Deschutes County Public Works
re: vacating right-of-way
I request the 80' x 1240' r.o.w. that lies west of NE 18th and south of the
northerly property line of Section 22, Township 17 Range 12 EWM be vacated.
The reason for this vacation is that the location of E.npire Blvd has been moved
to the south 1240' (1/4 mile) and the r.o.w. is no longar needed.
PA -r QAU e
ev' I UAC/are- -, 7," /8 � -4
lah
alD/ A46 04SCW
q770,
9�41101165
Sincerly,
?t}T EArc E!Z
S c. O VZ OA JC
poBox ,L33
oA 7770r .�
County of Deschute
Personally appeared before me and stated
that this was signed by my own act and deed.
NOTARY
(f OFFICIAL SEAL
CHRISTY CHANG
''c_` NOTARY PUBLIC - OREGON
COMMISS!ON NO. 0?0259
• M J.SIV:, C.:-.: :K.. Off. ZQ. 1 r.
I
EXIMIT ('6219 -t:%
pG. I of 2 1_3_L9-
REVIEW 0
DECLARATION OF DEDICATION LEGAL COUN$ )
WHEREAS, to facilitate the extension of Empire Blvd. under
the Transportation Plan, Pat Gisler and Scott Oakley conveyed by
Statutory Bargain and Sale Deed recorded at Volume 208, Page 1968
of the County deed records, a copy of which is attached as
Exhibit A, in exchange for one dollar ($1), an eighty foot wide
pard -1 of land to Deschutes County as road right of way; anejr� � ...0 ^ Z �
U
W11FRE.AS, tfs,- intent of the grantors and Deschutes County, a
fur the parcel' to be dedicated as public road right of way; and N
WHEREAS, following conveyance of said parcel to the Count"yy
but prior to dedication to the public, the projected location bf
Empire Blvd. changed pursuant to a Transportation Plan amendment
of March 7th, 1994 so that the granted parcel was no longer
needed for roadway purposes; and c)
WHEREAS, to facilitate the new location of Empire Blvd. -�
tinder the amended Transportation Plan, Pat Gisler and Scott
Oakley conveyed by Warranty Deed recorded at Volume 336, Page
2074 of the County deed records, a copy of which is attached as
Exhi!ait B, in exchange for "OTHER CONSIDERATIONS", an additional
parcel of land to Deschutes County as road right of way; and
WHEREAS, the additional parcel was conveyed with the
expectation that the originally granted parcel would be returned
to the grantors; and
WHEREAS, "OTHER CONSIDERATIONS" for the conveyance described
in Exhibit B included the return of the originally granted
parcel; and
WHEREAS, the Deschutes County Public Works Department
assured the grantors, by letter dated April 6, 1994, attached as
Exhibit C, that the County would initiate the vacation of the
originally granted parcel; and
WHEREAS, said parcel cannot be vacated and returned to the
grantors without first dedicating it to the public as was
originally anticipated when the parcel was conveyed to Deschutes
County; and
WHEREAS, the Public Works Department has determined that it
is in the public interest to complete the process of dedication
so that the County does not unfairly benefit at the expense of
members of the public who have sought to facilitate effective
transportation planning in Deschutes County; now, therefore,
Deschutes County, a political subdivision of the state of
Oregon does hereby dedicate the following described real property
to the public:
THE Northerly EIGHTY FEET of the Northwest quarter (NW1/4)
OCT -17-95 TUE 03:13 PM DESCHUTES CO PUB WORKS
FAX NO. 503 388 2719 P.01/01
379 - 0977
0148
of of the Northwest quarter (NW1/4) of Section twenty-two (2Q)34,
)
Lf Township seventeen (17) South, Range twelve (12) East of
the Willamette Meridian, Deschutes Coui.ty, Oregon.
DATED this i f day of L —, 1995.
J
BOARD'OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
STATE OF OREGON )
SS.
County of Deschutes )
Before me, a Notary Public, personally appeared BARRY
SLAUGHTER, NANCY POPE SMANORN and ROBERT 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 , 1995
t4 VA�1H
Wyk m), 023W Notary Public for Oregon
1OWN UVION A0"L 16. 1991 My Commission Expires:
2 - DECLARATION OF DEDICATION
(dost -it' Fax Note 7671
L)310/10_y;;1
/pages►
To AW
From aM
Co./Dopt. "f
Co. �(J�
Phone #
Phone 0
Fax #
Fax #
Nam
? i9 _ U978
ACCEPTANCE 0148-031,45
z5
DeschuLes County, a political subdivision of the State of
Oregon, actinq by end through its Board of County
C- mri Hs i r.ner 4, dn.•t+ h4-r#hy accept. t h- f or -1-i nvt elodieat i cn as
i-blir- property putHunnt Lu ORS 92.014.
t AT'F:U t h In �{�l day of-"�J— , 1995.
BOARD OF COUNTY COMMISSIONERS
OF gtSCHUTESf CW TY, OREGON
BARRY H.;SLAUGHTER,,Cnairmrn
ATTZS a :
NANC`- P SCHLANGEN, Co' issioner
Recording Secretary ROBERT L. NIPPER, Commi oner
STATE OF OREGON )
ss.
County of Deschutes )
Before me, a Notary Public, personally appeared BARRY
SLAUGHTER, NANCY POPE SCHLANGEN and ROBERT NIPPER, the above-
named Board of County Commissioners of Deschutes County, Oregon,
and acknowledged the foregoir; instrument on behalf of Deschutes
County, Oregon.
DATED this Iq day of , 1995
_ AJMff IfIJTCi1K ` `;
NOTARY NO. 02360 Notary Public for Oregon
Mr COM 119300 EXAIIflS AML 1e. 1991 My Commission Expires: 4-
3 - DECLARATION OF DEDICATION
11
M
0148-0J 46
EXHIBIT "Y'
FLs' . 1 oa
VACATION OF DEDICATED PUBLIC PROPERTY
LEGAL DESCRIPTION
A parcel of land lying in the northwest 1/4 of the northwest 1/4 (NW1/4, NW 1/4) of
Section twenty-two (22), Township seventeen (17) South, Range twelve (12) East, of the
Willamette Meridian, Deschutes County, Oregon, described as follows:
That portion of the dedicated public property, described in the declaration of dedication
recorded in Vol. 379, Page 976 of the Deschutes County Deed Records, lying west of the
westerly right-of-way line of 18th Street as said right-of-way is described in that deed
recorded in Vol. 336, Page 2074 of the Deschutes County Deed Records.
rm
EXHIBIT "B"
VACATION OF DEDICATED PUBLIC PROPERTY
LEGAL DESCRIPTION
A parcel of land lying in the Northwest 1/4 of the Northwest 1/4 (NW 1/4, NW 1/4) of Section
Twenty -Two (22) Township Seventeen (17) South, Range Twelve East, of the Willamette
Meridian, Deschutes County, Oregon described as follows:
That portion of the dedicated public property, described in the declaration of dedication
recorded in Volume 379, Page 976 of the Deschutes County Deed Records, lying west of the
westerly right of way line of 18th Street as said right-of-way is described in that deed recorded
in Volume 336, Page 2074 of the Deschutes County Deed Records.
EXHIBIT "C"
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 NOVEMBER 29, 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.
VENDOR OR SE
IN
In response to a petition by landowners, Deschutes County initiated the vacation of a
parcel of land lying in the Northwest 1/4 of the Northwest 1/4 (NW 1/4, NW 1/4) of Section
Twenty -Two (22) Township Seventeen (17) South, Range Twelve East, of the Willamette
Meridian, recorded in Volume 379, Page 976 of the Deschutes County Deed Records, lying west
of the westerly right of way line of 18th Street as said right-of-way is described in that deed
recorded in Volume 336, Page 2074 of the Deschutes County Deed Records in Deschutes
County, Oregon;
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
�(l
BARRY H. SLAUGHTER` Chairman
PUBLISHED: November 9, 1995 and November 19, 1995
POSTED: November 9, 1995
MAILED: October 30, 1995