1995-43210-Order No. 95-161 Recorded 12/14/19959 _ gp REVIEWED
9 -43200
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE
An Order Vacating a portion of Snow Creek Lane,
located in Snow Creek Ranch Subdivision, in
Deschutes County, Oregon
ORDER NO. 95-161
393 - 7300
014V V rzn6
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
portion of Snow Creek Lane, described in Exhibit "B" attached hereto and by this
reference incorporated herein; and
WHEREAS, Snow Creek Ranch Subdivision has been replatted with a change in the
location of the Snow Creek Lane road right-of-way; and
WHEREAS, a portion of the Snow Creek Lane road right-of-way dedicated on the
original plat of Snow Creek Ranch Subdivision is not needed for public use; and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of the property abutting said portion of Snow Creek Lane; 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,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, orders as follows:
MICROF LMED
ORDER NO. 95-161 X995 DEC 2 1995
ection That the property, described in Exhibit "B", attached hereto and by this
reference incorporated herein, is hereby vacated.
393 - 2301
Section 2. That the property vacated in Section 1, shall vest in the owner of the
abutting land, as provided in ORS 368.366. 014 8-159-1"
Section 3. That the Deschutes County Surveyor is directed to mark the plat, if any,
as provided in ORS 271.230.
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 / 3 day of !�dzzzm , 1995.
AT:
7" U ) -n -
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF;;;CHUT OUNTY, OREGON
61
BARgY H. tLANHTEFk, rHAIRMAN
NGEN, COMM1,9SIONER
ROBERT L. NIPPER, COMMISSIONER
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.
ORDER NO. 95-161
ExWBIT *A*'
393 - 2302
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Petition Seeking Vacation of Certain 01. 4. 58
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.
f
1. 1 am the owner of certain property described in Exhibit "K, attached hereto and by
this reference incorporated herein (hereinafter referred to as "the Property").
2. The tract to be v Gated is that portion of Snow Creek Lane public road right-of-way
as is described in Exhibit "A", attached hereto and by this reference incorporated herein.
Said tract abuts the property.
3. The reason for this vacation is that Snow Creek Ranch Subdivision has been
replatted with a change in the location of the dedicated road right-of-way and a portion of the
road right-of-way dedicated on the original plat of Snow Creek Ranch is not needed for public
use.
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 thi1s vacation petition, I signify my approval of the requested vacation
DATED this day of-nA,t�( 1995.,
STATE OF OREGON )
)ss.
County of Deschutes )
The foregoing instrument was acknowledged before me by William R. Reed, Jr. this
day of 1995.
WAN
a
WTA
RV t5 K,�, I Ce ON Notary Public for Oregon
M MIONExaI�,E,O Ari 20,199L" �`; My Commissioner Expires:
DEC -05-1995 11:54 FROM COLDWELL BANKER REED BROS TO 3882719 P.02
393 2 303
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Petition Seeking Vacation of Certain 010 8-155
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.
I
1. 1 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 v cated is that portion of Snow Creek Lane public road right-of-way
as is described in Exhibit T", attached hereto and by this reference incorporated herein.
Said tract abuts the property.
3. The reason for this vacation is that Snow Creek Ranch Subdivision has been
replatted with a change in the location of the dedicated road right-of-way and a portion of the
road right-of-way dedicated on the original plat of Snow Creek Ranch is not needed for public
use.
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 signify my approval of the requested vacation
DATED this 1' day of g
. Reed
STATE OF OREGON )
)ss.
County of Deschutes )
The foregoi instru ent was acknowledged before me by. Myron F. Reed this
4 day of , 1995.
OFFICIAL SEAL
ELIZABETH S. RIERSON
NOTARY PUBLIC - OREGON
COMMISSION NO. 022488
MY COMMISSIU. EXPIRES FEB. 28, 1IrT
Notar&ublic for Oregon
My Commissioner Expires:�� -07k /9q7
TOTAL P.02
393 - 2304
PETITION 0148-1600
EXHIBIT "1"
All of Snow Creek Ranch as shown on the original plat recorded on December 1, 1993 in
the Deschutes County Plat Records, Cabinet D, Page 24.
PETITION
EXHIBIT "2"
SNOW CREEK LANE
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
393 -! 2305
0148-1601
All of those portions of the Snow Creek Lane public road right of way as shown on the
plat of Snow Creek Ranch Subdivision, Deschutes County Plat Records, Cabinet D, Page
24, lying outside of the dedication for Snow Creek Lane as shown on the plat of A Replat
of Snow Creek Ranch, Deschutes County Plat Records, Cabinet D, Page 177.
EXHIBIT "B" 0148-1602
SNOW CREEK LANE
RIGHT-OF-WAY VACATION 3 9:3 "' 2 3 Q 6
LEGAL DESCRIPTION
All of those portions of the Snow Creek Lane public road right of way as shown on the
plat of Snow Creek Ranch Subdivision, Deschutes County Plat Records, Cabinet D, Page
24, lying outside of the dedication for Snow Creek Lane as shown on the plat of A Replat
of Snow Creek Ranch, Deschutes County Plat Records, Cabinet D, Page 177.
J�ES C
0A& -C
TO:
FROM:
DATE:
SUBJECT:
EXHIBIT "C" 0148-1'603
393 - 2397
Department of Public Works
MEMORANDUM
Board of County Commissioners
Tom Blust, County Engineer
December 5, 1995
Engineer's Report
Vacation of a portion of Snow Creek Lane
61150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
This report is made pursuant to ORS 368.351(1), concerning the vacation of public 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 proceedings 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 the Snow Creek Ranch developers, William R.
Reed and Myron F. Reed, requesting the vacation of portions of the Snow Creek Lane road
right-of-way located in Snow Creek Ranch Subdivision. Snow Creek Ranch Subdivision is
located between Bend and Sisters and lies just north of Hwy. 20 and east of Fryrear Road.
Snow Creek Lane begins at Fryrear Road and goes easterly for just over 1 mile, where it ends
in a cul-de-sac. The developer is the sole property owner abutting the proposed right-of-way
vacation. The general location of Snow Creek Lane is shown on the map attached as Exhibit
46PI.
The original plat of Snow Creek Ranch was recorded on December 1, 1993 in the Deschutes
County Plat Records, Cabinet D, Page 24. The road improvements (Snow Creek Lane)
required as a part of the plat approval were assured through an improvement agreement with
the County. The actual road construction occurred after the plat had been recorded. During the
construction, some minor alterations in the alignment were made to avoid excessive rock
excavation. Because of the changes in road alignment and some desired property boundary
adjustments, the developers applied for a replat of Snow Creek Ranch, which subsequently
received tentative County approval. The replat of Snow Creek Ranch was approved and
recorded on December 6, 1995 in the Deschutes County Plat Records, Cabinet D, Page 177.
Due to a change in the Oregon Laws in 1993, a replat no longer serves to vacate a public road
(ORS 92.185 (5)). Therefore, a separate administrative procedure is required to vacate any
unneeded dedications within the replatted area. The proposed vacation would serve to vacate
Quality Services Performed with Pride
Engineer's Report 0148-1.604
Page 2
393 - 7308
those areas of road right-of-way shown on the original Snow Creek Ranch plat that lie outside
of the right-of-way dedicated by the replat of Snow Creek Ranch.
Recommendation:
It is the Engineer's assessment that the proposed vacation is in the public interest. This
property is not needed for roadway purposes since the road was constructed along an alignment
different than that shown on the original Snow Creek Ranch plat. The replat of Snow Creek
Ranch dedicated the required right-of-way for the constructed roadway.
There are no utilities lying within the proposed vacation. The Engineer recommends that this
right-of-way be vacated without a reservation for utilities.
The vacated property shall vest with the abutting property owner in accordance with ORS
368.366.
393 23i0
i
STATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
I, MARY SUE PENHOLLOW, COUNTY CLERK AND
RECORDER OF CONVEYANCES, IN AND FOR SAID
COUNTY, DO HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED THIS DAY:
tJ.
t'L .?1.
BY. � 6UTY
NO.9r-4320JD FEE /
DESCHUTES COUNTY OFFICIAL RECORDS