1995-44155-Order No. 95-176 Recorded 12/21/1995BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCF U,ThQCOOUAh OREGON
An Order accepting and approving the Engineer's REVIEWED
Report on the vacation of a portion of Frontage Road J�w�
located in Deschutes County , Oregon, setting a date for LEGAL COUNSEL
a public hearing, and providing for public notice of said
hearing. Y'
ORDER NO. 95-176
WHEREAS, the Board of County Commissioners of Deschutes County, Ore n, Ftltiated the
vacation by Resolution Number 95-156 dated on December 20, 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
road known as a portion of Frontage Road, Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, January 31, 1996, 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,,,2o day of 4, 1995.
A ES
Recording Secretary
1 - ORDER NO. 95-176
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
RY H. SLAJGHTER, CHAIRMAN
NAN PE CHUANG N, COMMISSIONER
ROBtRT L. NIPPER, CO ISSIONE _
J/,;CKONLIAECa E' E
OEC 2 9iDE �' 95
EXHIBIT "A"
0148-1681
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: December 5, 1995
61150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
SUBJECT: Engineer's Report
Vacation of a portion of Frontage Road in Section 6, T. 18 S., R. 12 E., W.M.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of
public property.
Background:
In the process of acquiring public road right-of-way for Mt. Washington Drive, Mountaineer
Way, and West Ridge Avenue, Deschutes County agreed to initiate the vacation of a portion
of Frontage Road that would no longer be needed for road purposes. A map of the proposed
vacation is attached as Exhibit "1" and a legal description of the proposed vacation is
attached as Exhibit "2". The portion of Frontage Road proposed to be vacated was abandon
as a roadway ( the public Works Department removed the pavement and placed berms at both
ends of the abandon section) after Mt. Washington Dr., Mountaineer Way and West Ridge
Ave. were constructed.
The aforementioned right-of-way acquisitions were deeded by the Bend La Pine School
District and Brooks Resources Corporation to the County by warranty deed (Deschutes
County Official Records Vol. 269, Page 897 and Vol. 269, Page 917). These warranty deeds
show the true consideration for the conveyance as "other considerations". These "other
considerations" included the County's agreement to vacate the abandon portion of Frontage
Road. The intent of this agreement is evidenced by the following documents: November 1,
1991 letter from Brooks Resources Corp. to Larry Rice, April 16, 1992 agreement letter from
Broken Top, and a May 15, 1992 letter from George Read (then County Planning Director) to
David Evans and Associates. These documents are attached as Exhibit "3".
Discussion:
The Department of Public Works mailed preliminary notices of the proposed vacation to the
affected agencies. Their responses are as follows:
ODOT: Mark DeVoney, Region Planner - Per the understanding reached at our meeting
yesterday (11-1-1995), the Oregon Department of Transportation (ODOT) withdraws its
objection (ie., 12/12/94 letter) to the proposed vacation of the former West Ridge Avenue
alignment in the southwest quadrant of the Century Drive / Mt. Washington Drive
intersection. ODOT was not aware of the agreement which had been reached in previous
negotiations with Brooks Resources and the School District.
Quality Services Performed with Pride
Engineer's Report
Page 2 0148`1682
However, as also discussed at our meeting, ODOT does recommend that a small portion of
public ROW be retained in order to allow for a 55' side (from Century Drive centerline) strip
of ROW along the west side of Century Drive. All parties at the meeting (Brooks Resources,
School District, County) agreed that this was reasonable and in the public's best interest.
City of Bend: John Hossick, Planning - Looks like part of this is in the City. The City
would need to vacate that portion.
Dan Graber, Public Works - Provide City of Bend with 20' exclusive waterline easement, 10'
each side of water line with access to all valves and hydrants or relocate water line as
approved by the Fire Marshall and City of Bend Engineering Department.
Bend Fire Department: John Niendorf, Fire Marshall - No fire department related problems
with this vacation proposal.
U.S. West Communications: Bob Payne: U.S. West presently has 2 - 4" conduits buried
joint with Bend Cable TV along the eastern half of the road the full length of the vacation
area. US West would request an easement be continued for access for construction and
maintenance along this route.
Pacific Power and Light: 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: Should this be retained for
future right-of-way or bike lanes?
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 a public
road by the Board of County Commissioners per the plat of West Ridge Subdivision recorded
on December 28, 1978 in the Deschutes County Plat records Cabinet B, Page 557.
2. A portion of the proposed vacation lies within the city limits of the City of Bend (see map
Exhibit "1"). ORS 368.361 (Intergovernmental Vacation Proceedings) outlines the
procedures for the vacation of public property that is under the jurisdiction of a county but
lying within the limits of a city. ORS 368.362 (3) states: "Notwithstanding ORS 368.326, a
county governing body may vacate property that is under the jurisdiction of the county and
that is entirely within the limits of a city if that city, by resolution or order, concurs in the
findings of the county governing body in the vacation proceedings."
3. This public property does not provide access to any other public lands, rivers, or streams.
4. The City of Bend, US West Communications and Bend TV Cable all appear to have
utility facilities lying within this proposed vacation.
5. This parcel is not currently being used for access to any of the adjoining land.
Engineer's Report
Page 3
Recommendation:
0148-1683
It is the Engineer's assessment that it is in the public interest to complete the proposed
vacation. The improvements in safety and the development of an effective transportation
system, made possible by the dedication of road right-of-way by Brooks Resources and the
Bend La Pine School District, were tied to the County's agreement to vacate the portions of
right-of-way no longer needed.
If this vacation is approved by the Board, the Engineer recommends the following criteria be
met:
1. A utility easement shall be reserved upon the vacated parcel for the existing utility
facilities.
2. Public road right-of-way shall be retained to allow for a 55' right-of-way width from the
centerline of Century Drive, per the recommendations of ODOT. The proposed vacation
description has been written to meet this recommendation.
3. The County's vacation proceeding's be presented to the City of Bend for their
consideration of concurrence, by resolution or order.
4. The vacated property shall vest with the abutting property per ORS 368.366
V„ U
FD. PK NAIL 6r
SHINER, IN RCCK
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269-R-0914
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N 78'36'50-E 40.00
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S78'36'50'W 40.00
EXHIBIT 46111 0148-1654
PROPOSED FRONTAGE ROAD VACATION
1/2" IRON PIPE BEARS
N80'40'14'E 1.79
269-R-0891
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23'17'27'
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91'48'37'
91'31'52'
105'13'29'
105'07'03'
4.58'13'
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38'59'23'
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172'36'42'
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47.25'39'
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PARCEL R12
PROPOSED
VACATION
BEND LAPINE SCHOOL DIST.
PARCEL R13
35.88'
W 1/16 CORNER S68'55'09"E 5.13 6FOUNL 3. 3R
SYNF 8939'OS�E t344.38> C
1344.32 : CMEC 1982 1,
$89'42'44-E 2608.79 7
CL
FRONTAGE ROAD VACATI 0148-1685
ON
PARCEL R12 REVISED
A parcel in the southeast quarter of the southwest quarter of Section 6, Township
18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, fully
described as follows:
Commencing at the brass cap at the southwest corner of said Section 6; thence
North 00030'37"East 1473.87 feet along the west line of said Section 6 to the
southwest corner of that tract described in Volume 342, Page 219 of the
Deschutes County Deed Records; thence North 77°03'55"East 355.26 feet along
the south line of said tract; thence leaving said south line 170.83 feet along the arc
of a 1060.00 foot radius curve left (the long chord of which bears South 59°27'06"
East 170.64 feet); thence South 64°04'07"East 841.53 feet to the west line of said
southeast quarter; thence North 86°53'42"East 236.93 feet; thence South 64°04'07"
East 172.05 feet; thence 128.15 feet along the arc of a 1255.00 foot radius curve
right (the long chord of which bears South 61 `08'36"East 128.09 feet); thence
South 07°41'28"West 104.93 feet; thence 204.53 feet along the arc of a 1160.00
foot radius curve right (the long chord of which bears South 51 °03'04"East 204.26
feet); thence South 46°00'00"East 124.01 feet to the right-of-way of Frontage
Road; thence 24.34 feet along the arc of a 45.77 foot radius curve right (the Iong
chord of which bears South 77°44'50"West 24.05 feet); thence 32.87 feet along the
arc of a 45.77 foot radius curve right (the long chord of which bears North
66°26'34"West 32.17 feet) to a 5/8" iron rod; thence North 46001'22"West 11.25
feet to a 5/8" iron rod; thence 72.01 feet along the arc of a 39.21 foot radius curve
left (the long chord of which bears South 81 °17'35"West 62.31 feet) to a 5/8" iron
rod; thence 19.86 feet along the arc of a 1439.99 foot radius curve right (the long
chord of which bears South 29°04'33"West 19.86 feet) to the point of beginning;
thence continuing along said Frontage Road right-of-way 183.38 feet along the arc
of a 1439.99 foot radius curve right (the long chord of which bears South 33°07'09"
West 183.26 feet) to the north line of that tract of land conveyed to the
Administrative. School District No. 1 recorded in Volume 242, Page 21 of the
Deschutes County Deed Records; thence leaving said right-of-way South 89°42'44"
East 73.82 feet to the opposite right-of-way of said Frontage Road; thence leaving
said north line 121.29 feet along the arc of a 1499.99 foot radius curve left (the
long chord of which bears North 32*46'28"East 121.25 feet) to a 5/8" iron rod;
thence 10.23 feet along the arc of a 15.03 foot radius • curve right (the long chord
of which bears North 46°29'07"East 10.03 feet); thence North 46°00'00"West
64.78 feet to the point of beginning. Contains 9453 square feet, 0.22 acres.
DAVIDIrl/ANS ANDASSOCWM INC.
E.NGINFERS. SURVEYORS. PLkNNERS. UNDSCAPE ARCHITECTS
OFFICES IN OREGON. WASHINGTO`:L\DCAUFOR. A
709 N.W. FALL STREET. SLTFE 102
BEND 0RFrovo'-nm_r-»
REG1STFPFD
PROFESSIONAL
LAND SURVEYOR
C_ April 21, 1992
OREGON Zwpf2\chdkhd11r12jcp
JULY 18. 1980
JERRY C. POWELL
1919
E)0Y1,61r .�
P4. 2 of 2 0148®1086
VACATION OF A PORTION OF FRONTAGE ROAD
(REVISED PARCEL R13)
A parcel of land in the southeast 1/4 of the southwest 1/4 of Section 6, Township 18 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows:
Commencing at the brass cap monumenting the southwest corner of said Section 6; thence along the west
line of said Section 6 N 00°30'37" E 1473.87 feet to the southwest corner of that tract of land described in
Volume 342, Page 219 of Deschutes County Deed Records; thence N 77°03'55" E 355.26 feet along the
south line of said tract; thence leaving said tract 170.83 feet along the arc of a 1060.00 foot radius curve to
the left, the long chord of which bears S 59°27'06" E 170.64 feet; thence S 64°04'07" E 841.53 feet to the
west line of said southeast quarter; thence N 86°53'42" E 236.93 feet; thence S 64'04'17" E 172.05 feet;
thence 128.15 feet along the arc of a 1255.00 foot radius curve to the right, the long chord of which bears
S61008'36" E 128.09 feet; thence S 07°41'28" W 104.93 feet; thence 204.53 along the arc of a 1160.00
foot radius curve right, the long chord of which bears S 51°03'04" E 204.26 feet; thence S46°00'00"E
124.01 feet to the right-of-way of Frontage Road; thence 24.34 feet along the arc of a 45.77 foot radius
curve to the right, the long chord of which bears S 77°44'50" W 24.05 feet; thence 32.87 feet along the arc
of a 45.77 foot radius curve to the right, the long chord of which bears N 66°26'34"W 32.17 feet to a 5/8
inch iron rod; thence N 46°01'22" W 11.25 feet to a 5/8 inch iron rod; thence 72.01 feet along the arc of a
39.21 foot radius curve left, the long chord of which bears S 81 ° 17'35" W 62.31 feet to a 5/8 inch iron rod;
thence 203.25 feet along the arc of a 1439.99 foot radius curve to the right, the long chord of which bears
S 32043'27" W 203.25 feet to the north line of that tract of land conveyed to the Administrative School
District No. 1 recorded in Volume 242, Page 21 of Deschutes County Deed Records and the Point of
Beginning; thence continuing along said Frontage Road right-of-way 30.03 feet along the arc of a 1439.99
foot radius curve right, the long chord of which bears S 37°21'54" W 30.03; thence 49.69 feet along the
arc of a nontangent 480.00 foot radius curve right, the long chord of which bears S 43'32'10" W 49.66
feet; thence S 43'39'10" W 37.57 feet; thence 231.64 feet along the arc of an 880.00 foot radius curve to
the left, the long chord of which bears S 36°06'43" W 230.97 feet to the easterly right-of-way line of West
Ridge Avenue as surveyed by David Evans and Associates on the survey filed in the Deschutes County
Surveyors office as CS 11553; thence leaving said Fronatage Road right-of-way and along said West Ridge
right-of-way 98.30 feet along the arc of a nontangent 305.00 foot radius curve to the right, the long chord
of which bears S 04°18'37" E 97.88 feet to a line 55.00 feet from and parallel to the centerline of Century
Drive (also known as the Cascade Lakes Highway); thence leaving said West Ridge right-of-way and along
said 55.00 foot parallel line 338.39 along the arc of a nontangent 1009.93 foot radius curve to the right, the
long chord of which bears N 34°35'50" E 336.81 feet; thence leaving said 55.00 foot parallel line
S45°48' 15"E 10.00 feet to the 45.00 foot westerly right-of-way line of Century Drive; thence along said
45.00 foot westerly right-of-way line 55.21 feet along the arc of a nontangent 540.00 radius curve to the
left, the long chord of which bears N 43°14'20" E 55.19 feet; thence 75.18 feet along the arc of a 1499.99
foot radius curve left, the long chord of which bears N 36°31'36" E 75.17 feet to the north line of the
Administrative School District No. 1 property; thence leaving said westerly right-of-way and along said
north line of the Administrative School District No. 1 property N 89°42'44" W 73.82 feet to the Point of
beginning. Containing 21,626 sq.ft. (0.50 acres) more or less.
C'..ttx', D1Y,CwuAll.% also K I 3-VACIGI.
autoead file: .l:',adcadtl`•.cn il`,p.mjb savc'.tiontasre.dt+
11/12/95 nub
3rooks Resources Corporation
16 N.E. Greenwood
osc Office Box 6119
end, Oregon 97708.6119
;03) 382-1662
November 1, 1991
EXHIBIT "Y'
Pg. 1 of 8
Mr. Larry Rice
Deschutes County Public Works Director
61150 S E 27th
Bend, OR 97702
RE: Broker. Top/Mt. Washington Drive
Dear Larry:
0148-168,
Confirming our discussions on October 30, 1991, Brooks Resources
Corporation (BRC) will agree to the new proposed alignment under
the following conditions:
1. The subgrade for Mt. Washington Drive will be constructed to
City of Bend standards (591) from Century Drive to the western
boundary of BRC property.' The paving and shoulders will be
constructed as ap*)roved by the County.
2. The roads to Cascade Junior High and West Ridge will be
constructed, including the cul-de-sac, as shown on Exhibit 2 of
David Evans Proposed Ultimate Configuration dated October 24,
1991, to the same or better standards than presently exist.
3. That portion of West Ridge Avenue outside the new alignment
on BRC property shall be vacated and the asphalt removed.
4. The subgrade on access roads at points 2 and 3 shown on
David Evans drawing.dated October 29, 1991 shall be constructed
to grade to provide access to our land and the City of Bend and
Deschutes County shall agree to access points 1, 2, 3 and 4.
5. Broker, Top will dedicate the road across its land to access
point 4 and Bend Metropolitan Parks and Recreation District will
dedicate the road across its land to access point 2.
Page Two
6. BHC will agree to dedicate the new bike path easement over
the southerly portion of its land adjacent to Century Drive
provided the new bike path easement is built as approved by the
school district and the asphalt on the old path removed within
one year.
7. We have reached an appropriate agreement with the Bend
Metropolitan Parks & Recreation District to trade land based oa
Broken Top's revised alignment of Mount Washington Drive.
Sincerely,
Paul H. Buchanan
Vice President and Broker
cc: Dave Alden ✓
Dick Johnson
,john Hossick
Mike Wilson
John Rexford
Jim Bussard
Mike Hollern
Ernie Drapela
PHB6/118
i
5033884752 DESCHUTES COUNTY
BROKEN TOP LIMITED PARTNERSHIP
April 16, 1992
Jim Bussard
15 SW Colorado
Bend, OR 97702
Re: Right of Way for Mt. Washington Drive
Dear Jim:
658 P14 MAY 05 192 13:14
0148-1689
EXIUBIT C
The purpose of this letter is to formalize the agreements of the various parties in
interest concerning the construction of Mt. Washington Drive and various other
improvements between Century Drive and the southern boundary of property owned by
Broken Top Limited Partnership. Those parties are the following:
a) Broken Top Limited Partnership ("Broken Top");
b) Brooks Resources Corporation ("Brooks");
c) Bend Metro Park and Recreation District ("Parks");
d) Deschutes County (the "County");
e) The City of Bend (the "City"); and
f) Bend LaPine Public Schools (the "School District.")
The agreements of each party are summarized as follows:
1. Broken Top will do all of the following:
a) Construct Mt. Washington Drive from Century Drive to the
southern boundary of Broken Top's property as shown on
Exhibit "A", with pavement to one side of the centerline of the
right of way in order to accommodate future construction;
b)
C)
Grant to Brooks title to the land needed for Brooks Access No.
4, as shown on the attached Exhibit "B";
Provide rough grading at Brooks Access No. 2 and Brooks
Access No. 3, as shown on the attached Exhibit "B", adequate
to permit a four wheel drive vehicle to reach. Brooks' land
adjacent to these access points from. the completed Mt.
Washington Drive roadway with a graded slope not to exceed
1.2%;
5033884752 DESCHUTES COUNTY
Jim Bussard
April 16, 1992
Page 2
658 P15 MAY 05 '92 13:14
0.48-1690
d) Construct a 24 wide asphalt road, without curbs or sidewalks,
from Mt. Washingcon Drive to Cascade Jr. High. School over
the land identified as Parcels R6 and R8 on Exhibit "A";
e) Construct a 24 foot wide asphalt road, without curbs or side-
walks, from the school access road to the existing West Ridge
Avenue over the land identified as Parcel R9 on E.xbibit "A";
Pay the cost of . design of a new alignment for the existing
bicycle path to Cascade Jr. High School from Century Drive;
and
g) Raise no objection now or in the future to any request by
Brooks to rezone Brooks' land identified as Lot No. 1.8-12-06-
102 from its current zoning designation to a Commercial
designation.
The obligations described in subparagraphs a), c), d), and e) above shall be
completed prior to April 1, 1993.
2. Brook will do all of the following:
a) Convey title to the land described as Parcels R 1, R3 and R4 on
Exhibit "A" to the County for street and underground utility
purposes to accommodate Mt. Washington Drive, such
conveyance to be in the form of Exhibit "C';
b) Convey 'to the County easements needed to accommodate
slopes of cut and fill areas adjacent to Mt. Washington Drive,
such easements to be over the land described as Parcels E2, E3,
E4 and E6 on Exhibit "A";
c) Convey to Brokers Top title to the land described as Parcel R10
as shown on the attached Exhibit "A" for street and
underground utility purposes;
d) Convey to the County title to the land described as Parcel R6
on. Exhibit "N' to accommodate the new road to be constructed
5033884752 DESCHUTES COUNTY
Jinx Bussard
April 16, 1992
Page 3
658 P16 MAY 05 192 13:15
0148-1691
by Broken Top from Mt. Washington Drive to Cascade Jr. High
School, such conveyance to be in the form'of Exhibit "C"; and
P-) Convey to the County as easement for a bicycle path over the
land described as Parcel Bl on the attached Exhibit "A".
3. Parks will grant to the County title to the land described as parcels R2 and
R7 on the attached Exhibit "A" for street and underground utility purposes. Parks will also
grant to the County easements needed to accommodate slopes of cut and fill areas adjacent
to Mt. Washington. Drive, such easement to be over the land described as Parcel El on the
attached Exhibit "A".
4. The County will vacate the existing right of way for that portion of West Ridge
Avenue to be abandoned, effective upon completion of construction of the new alignment
of West Ridge Avenue, and will promptly remove the existing asphalt paving from such
vacated right of way. The area to be abandoned is shown as Parcels R12 and R13 on the
attached Exhibit "A". The County agrees to the access points shown on Exhibit "B", subject
to compliance with County design standards and planning regulations.
5. The Ci1y will make no requirement of Brooks now or at any time in the future
to reconstruct either the school access road described in Section 1(d) above or any portion
of West Ridge Avenue to City standards, whether in connection with development by Brooks
of its land adjacent to Mt. Washington Drive or otherwise, except to the extent of any
portion of such roads which passes through Brooks' property. The City also agrees to the
access points shown on Exhibit 'B", subject to compliance with City design standards and
planning regulations.
G. The School District will convey to the County the land described as Parcels
R8 and R9 on Exhibit "A" for street and underground utility use. The School District will
also complete construction of the realigned bicycle path and remove the asphalt from
portions of the existing path which are to be abandoned, all at its own expense. If the
School District fails to complete such construction prior to July 31, 1993, then Parcel B1 as
described on Exhibit "A" will be reconveyed to Brooks promptly upon written request.
7. C�seneral Provisions
a) If any of the parties institutes any suit or action to collect the
amounts due hereunder or to enforce the remedies herein
provided, the prevailing party shall be entitled to recover such
5833884752 DESCHUTES COUNTY
Jim Bussard
April 16, 1992
Page 4
658 P17 NRY 85 '92 13:15
sum of money as the court may adjudge reasonable as
attorneys' fees in such suit or action, including any appeal taken
by any party in such suit or action.
b) The agreements of each of the parties to the terms described in.
this letter were and are made in consideration of the
agreements of each and all of the other parties to such terms.
None of the parties to this agreement shall be bound to its
terms until it has been executed by all parties where indicated
below.
c) Each party may enforce the agreement of any other party only
if and to the extent that such agreement would be of direct
benefit to the party seeking enforcement, and not otherwise.
Broken Top has signed this letter to evidence its agreement as described above. By
copy of this letter, Brooks and all of the other parties are requested to join in formalizing
the agreement by signing a copy of this letter and returning it to the undersigned. Copies
of the fii.Ll agreement, with signatures of all parties, will be distributed to all parties when
all signatures have been obtained.
Sincerely, t
S aron L, Criswell
THE UNDERSIGNED HAVE EXECI) MD THIS LETTER AGREEMENT AS
EVIDENCE OF THEIR AGREEMENT TO ALL OF THE TERMS STATED ABOVE:
BROKEN TOP LIMITED PARTNERSHIP
By: Cascae Hi ne.
By' -t
Title: fce Y -"r di�*?`'
Date:�7`
• • ,tri(B B y. ;,�. . Affl,",
•
Date.
Deschutes County
By:
Title:
Bend Metro Parks and Recreation District
By:
Title: _
Date:
City of Bend
By:
Title:
Date:
Bend L.aPine School District
By:
Title:
0148-1693 ixp
/ r
,NCommunity Development Department ^,01
Administration Bldg. - 1130 N.W. Harriman - Bend, Oregon - 97701
(503) 388-6575
May 15, 1992 Planning Division
Building Safety Division
Environmental Health Division
Dave Alden
David Evans and Associates
709 NW Wall, Suite 102
Bend, Oregon 97701
RE: Right -of -Way for Mt. Washington Drive and Attached
Agreement
Dear Dave:
I am returning this agreement. It is the opinion of the
County Planning Division that we cannot enter into an
agreement of this type. The agreement potentially binds the
County to future land use applicants and road way vacations
governed by County regulations which require quasi-judicial
decisions.
Particular problems with the agreement include:
1. Page 3, Number 4 - includes an agreement for the County
to vacate right-of-way. Vacation of right-of-way is
governed by the Deschutes County Code and requires
notice and finding by the Board of County Commissioners.
The County has agreed to initiate the vacation of
Westridge Avenue. Beyond that the County cannot
speculate on the outcome of the vacation process.
2. The subdivision and master plan modification approvals
have not yet been granted by County Hearings Officer.
This decision will specify the terms of the development.
When the land use decision becomes final it serves as
the County's agreement.
3. Development Agreements for all of the improvements are
required as part of the subdivision process. A
Development Agreement formalizes the County's agreement
for the approval. Development Agreement's must be
signed by the property owners and the Board of County
Right -of -Way for Mt. Washington and Attached Agreement
May 15, 1992
Page 1
9148-1694
Commissioners. The Planning Director has no authority
to sign such agreements.
4. On Page 2(g) the subject agreement contains a clause on
objections to future re -zoning. The County must remain
neutral in any potential re -zoning. Re -zoning requires
land use decisions which are quasi-judicial in nature.
Signature of this agreement could be construed to bias
the future outcome of land use decisions.
5. Number 7 on Pages 3 & 4 - consists of legal agreements
between parties. Such agreements must be made by the
parties and the Board of County Commissioners.
I realize this may cause problems with the agreement between
Broken Top, Brooks Resources, Bdnd Metro Parks and Recreation
District and Bend-LaPine Public Schools. I see is no reason
why these agreements cannot be made between these parties.
It is my understanding that the City of Bend has expressed
similar concerns to those expressed in this letter. I am
sorry that I can't be more facilitating on this issue.
If you or anyone else has any questions regarding this matter
please do not hesitate to contact me at your convenience.
Sincerely,
DESCHUTES COUNTY PLANNING DIVISION
George J. Read, Planning Director
GJR/mjz
cc: Broken Top Limited Partnership
Jim Bussard
Larry Rice
John Hossick
Right -of -Way for Mt. Washington and Attached Agreement
May 15, 1992
Page 2
Ex tf 16 1 T ,. E„
R,. I Cx X, 0148-1695
FRONTAGE ROAD VACATION
PARCEL R12 REVISED
A parcel in the southeast quarter of the southwest quarter of Section 6, Township
18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, fully
described as follows:
Commencing at the brass cap at the southwest corner of said Section 6; thence
North 00'30'37"East 1473.87 feet along the west line of said Section 6 to the
southwest corner of that tract described in Volume 342, Page 219 of the
Deschutes County Deed Records; thence North 77°03'55"East 355.26 feet along
the south line of said tract; thence leaving said south line 170.83 feet along the arc
of a 1060.00 foot radius curve left (the long chord of which bears South 59°27'06"
East 170.64 feet); thence South 64°04'07"East 841.53 feet to the west line of said
southeast quarter; thence North 86°53'42"East 236.93 feet; thence South 64'04'07"
East 172.05 feet; thence 128.15 feet along the arc of a 1255.00 foot radius curve
right (the long chord of which bears South 61°08'36"East 128.09 feet); thence
South 07°41'28"West 104.93 feet; thence 204.53 feet along the arc of a 1160.00
foot radius curve right (the long chord of which bears South 51 °03'04"East 204.26
feet); thence South 46°00'00"East 124.01 feet to the right-of-way of Frontage
Road; thence 24.34 feet along the arc of a 45.77 foot radius curve right (the long
chord of which bears South 77°44'50"West 24.05 feet); thence 32.87 feet along the
arc of a 45.77 foot radius curve right (the long chord of which bears North
66026'34"West 32.17 feet) to a 5/8" iron rod; thence North 46'01'22"West 11.25
feet to a 5/8" iron rod; thence 72.01 feet along the arc of a 39.21 foot radius curve
left (the long chord of which bears South 81°17'35"West 62.31 feet) to a 5/8"iron
rod; thence 19.86 feet along the arc of a 1439.99 foot radius curve right (the long
chord of which bears South 29004'33"West 19.86 feet) to the point of beginning;
thence continuing along said Frontage Road right-of-way 183.38 feet along the arc
of a 1439.99 foot radius curve right (the long chord of which bears South 33°07'09"
West 183.26 feet) to the north line of that tract of land conveyed to the
Administrative. School District No. 1 recorded in Volume 242, Page 21 of the
Deschutes County Deed Records; thence leaving said right-of-way South 89°42'44"
East 73.82 feet to the opposite right-of-way of said Frontage Road; thence leaving
said north line 121.29 feet along the arc of a 1499.99 foot radius curve left (the
long chord of which bears North 32046'28"East 121.25 feet) to a 5/8" iron rod;
thence 10.23 feet along the arc of a 15.03 foot radius - curve right (the long chord
of which bears North 46°29'07"East 10.03 feet); thence North 46°00'00"West
64.78 feet to the point of beginning. Contains 9453 square feet, 0.22 acres.
REGKTFpED
PROFESS;ONAL
LAND SURVEYOR
C� April 21, 1992
OREGON 21wpf1khdkhd11ri2jcp
DAVID MRS ANDASSOC M M. JULY 18. 1980
.JERRY C. POWVELL
E\GINTERS. SURVEYORS. PLkN'1\ERS. UNDSGIPE ARCHFIECrS 1 9 1 9
OFFICES IN OREGON. WASHL\GTO` -Z C -M IFORNIA
-09 \.W. WALLSTREET.SLTFE 102
BEND nRFrovo--m_7-ii
ACmla/T .�6 •r
PG. 2 CF 2 0148-1696
VACATION OF A PORTION OF FRONTAGE ROAD
(REVISED PARCEL R13)
A parcel of land in the southeast 1/4 of the southwest 1/4 of Section 6, Township 18 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows:
Commencing at the brass cap monumenting the southwest corner of said Section 6; thence along the west
line of said Section 6 N 00°30'37" E 1473.87 feet to the southwest corner of that tract of land described in
Volume 342, Page 219 of Deschutes County Deed Records; thence N 77°03'55" E 355.26 feet along the
south line of said tract; thence leaving said tract 170.83 feet along the arc of a 1060.00 foot radius curve to
the left, the long chord of which bears S 59°27'06" E 170.64 feet; thence S 64°04'07" E 841.53 feet to the
west line of said southeast quarter; thence N 86°53'42" E 236.93 feet; thence S 64'04'17" E 172.05 feet;
thence 128.15 feet along the arc of a 1255.00 foot radius curve to the right, the long chord of which bears
S61008'36" E 128.09 feet; thence S 07°41'28" W 104.93 feet; thence 204.53 along the arc of a 1160.00
foot radius curve right, the long chord of which bears S 51003'04" E 204.26 feet; thence S46°00'00"E
124.01 feet to the right-of-way of Frontage Road; thence 24.34 feet along the arc of a 45.77 foot radius
curve to the right, the long chord of which bears S 77°44'50" W 24.05 feet; thence 32.87 feet along the arc
of a 45.77 foot radius curve to the right, the long chord of which bears N 66°26'34"W 32.17 feet to a 5/8
inch iron rod; thence N 46°01'22" W 11.25 feet to a 5/8 inch iron rod; thence 72.01 feet along the arc of a
39.21 foot radius curve left, the long chord of which bears S 81017'35" W 62.31 feet to a 5/8 inch iron rod;
thence 203.25 feet along the arc of a 1439.99 foot radius curve to the right, the long chord of which bears
S 32°43'27" W 203.25 feet to the north line of that tract of land conveyed to the Administrative School
District No. 1 recorded in Volume 242, Page 21 of Deschutes County Deed Records and the Point of
Beginning; thence continuing along said Frontage Road right-of-way 30.03 feet along the arc of a 1439.99
foot radius curve right, the long chord of which bears S 37021'54" W 30.03; thence 49.69 feet along the
arc of a nontangent 480.00 foot radius curve right, the long chord of which bears S 43'32'10" W 49.66
feet; thence S 43°39' 10" W 37.57 feet; thence 231.64 feet along the arc of an 880.00 foot radius curve to
the left, the long chord of which bears S 36°06'43" W 230.97 feet to the easterly right-of-way line of West
Ridge Avenue as surveyed by David Evans and Associates on the survey filed in the Deschutes County
Surveyors office as CSI 1553; thence leaving said Fronatage Road right-of-way and along said West Ridge
right-of-way 98.30 feet along the arc of a nontangent 305.00 foot radius curve to the right, the long chord
of which bears S 04°18'37" E 97.88 feet to a line 55.00 feet from and parallel to the centerline of Century
Drive (also known as the Cascade Lakes Highway); thence leaving said West Ridge right-of-way and along
said 55.00 foot parallel line 338.39 along the arc of a nontangent 1009.93 foot radius curve to the right, the
long chord of which bears N 34°35'50" E 336.81 feet; thence leaving said 55.00 foot parallel line
S45°48' 15"E 10.00 feet to the 45.00 foot westerly right-of-way line of Century Drive; thence along said
45.00 foot westerly right-of-way line 55.21 feet along the arc of a nontangent 540.00 radius curve to the
left, the long chord of which bears N 43014'20" E 55.19 feet; thence 75.18 feet along the arc of a 1499.99
foot radius curve left, the long chord of which bears N 36°31'36" E 75.17 feet to the north line of the
Administrative School District No. 1 property; thence leaving said westerly right-of-way and along said
north line of the Administrative School District No. 1 property N 89°42'44" W 73.82 feet to the Point of
beginning. Containing 21,626 sq.ft. (0.50 acres) more or less.
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EXHIBIT "C"
CERTIFIED MAIL 0148-'169 i
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 JANUARY 31, 1996, 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.
NOTICE TO MORTGAGEE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO
THE PURCHASER.
Deschutes County has initiated the vacation of a portion of Frontage Road, located
southwest of the intersection of Century Drive and Mt. Washington Drive in Bend.
NOTE:
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
CHUTE COUNTY OREGON
1711A r7l n xz" V- ;A1 I d'- 1 1 -r'
lroxy
NANCY P E SCHLANGEN, Acting Chair
PUBLISHED: January 11, 1996 and January 21, 1996
POSTED: January 11, 1996
MAILED: December 31, 1995