1996-15906-Order No. 96-017 Recorded 4/25/1996BEFORE THE BOARD OF
R EV, ,ED
96-35906 LEGAL UNSEL
COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a portion of
Frontage Road, located in
Deschutes County, Oregon.
96-1490'7
ORDER NO. 96-017
0154--1569
40"? • 0573
WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the
vacation of a portion of Frontage Road by Resolution Number 95-002 dated December 20, 1995; and
WHEREAS, the Board of County Commissioners requested the County Engineer to prepare a
report relating to the vacation; and
WHEREAS, the Board of County Commissioners accepted and approved the Engineer's
report and as required by ORS 368.346 set a public hearing at 10:00 a.m. on January 31, 1996 by
Order Number 95-003 dated December 20, 1995; and
WHEREAS, notice of hearing was given in accordance with ORS 368.346(3) and 368.401 to
368.426; and
WHEREAS, the Board of County Commissioners held said hearing to consider matters
presented under ORS 368.346; and
WHEREAS, the Board of County Commissioners finds that it is in the public interest to vacate
the public property; and
WHEREAS, in accordance with ORS 368.361(3), the City of Bend Council, at their March 20,
1996 meeting, unanimously concurred with the Deschutes County findings for the vacation of
Frontage Road. The minutes of said meeting are included as Exhibit "B", attached hereto and by this
reference incorporated herein; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the property, described in Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby vacated.
KEY U C 'EC
/4"CROf1LMED W
CriAY 0 1996
MAY 15 1996
1 - ORDER NO. 96-017
41017 » 0574
Section 2. That the property, vacated in Section 1, shall vest in the owner of the land
abutting the vacated property as follows: Parcel R12, of said Exhibit "A", shall vest with Brooks
Resources Corporation and Parcel R13, of said Exhibit "A", shall vest with the Bend-LaPine School
District.
Section 3. That a utility easement shall be reserved upon the vacated parcel for existing
utility facilities. This easement is described in said Exhibit "A".
Section 4. That the Deschutes County Surveyor is directed to mark the plat, if any, as
provided in ORS 271.230.
Section 5. That this Order shall be recorded with the Deschutes County Clerk, and copies
shall be filed with the Deschutes County Surveyor and County Assessor.
A T:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
�, • •REGON
`'x`11 .�` ` • •
s
RO,9ERT L. NIPPER, COMMISSIONER
Before me, a Notary Public, personally appeared NANCY POPE SCHLANGEN, BARRY H.
SLAUGHTER 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 :;? 4/ day of
2 - ORDER NO. 96-017
My Commission Expires: -4- l8 - 7*7
OFFICK UAL
AIiiRYA MWCHIE
NOTARY PUBLIC -OREGON
C'OUANGM W. 023846
MY 0DM0 EX~ APRIL /8, 1997
EXHIBIT "A"
Page 1 of 4
FRONTAGE ROAD VACATION
PARCEL R12 REVISED
401 • 0575
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 0030'37"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 77003'55"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"Ea.st 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
66°26'34"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 29°04133"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.
REG1cTnca
PROFESS:ONAL
LAND SURVEYOR
C:--1 AD- April 21, 1992
OREG7N ZwpfZchd%chd11r12.jcp
DAM EVA�NS ANDASSOCIAlE� INC. JULY 18. 1980
ENG1\EERS. SURVEYORS. PLI.\NERS. L�.\DSCIPEARCHCIECiS JERRY C_ Pn�vELL
1919
OFFICES 1V OREGON. WASHL\GTO\ k\U CWFOfWA
.09 \.W. u'AU MEET; SUE 102
EXHIBIT "A'
Page 2 of 4
VACATION OF A PORTION OF FRONTAGE ROAD
(REVISED PARCEL R13)
0154-1572
407 • 0576
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 comer 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 Iong 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 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°06143" 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
Ion- 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. I property N 89042'44" W 73.82 feet to the Point of
beginning. Containing 21,626 sq.ft. (0.50 acres) more or less.
13 -VA(. -61.
autocad tile: l:';adcud<f:civil•.p.mjb_saaeifront�ge.d��'g
12/12";95 ntjh
0154-1573
EXHIBIT "A"
Page 3of4 40"? » 0577
SUBJECT TO the reservation of a utilities easement in and upon all of the
property; for the purposes of continuing, constructing, installing, maintaining,
repairing, reconstructing, replacing, enlarging and altering; wires, poles, pipes,
lines, structures, casings supports, equipment, facilities and appurtenances; at
the present and in the future; necessary or convenient; to Deschutes County, a
political subdivision of the State of Oregon, its agents, licensees and permittees;
forever.
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228 �u�'�'T 13„ RECEIVED
407 • 0579
03-20-96
APR 11 1996
B. Consider a resolution annexing lots 20, 24, 41, 55, 62, 77, 83, 99, 110, 134, 144,
150, 157, 176, 178, 189, 196, 255, 256 and 277 of Broken Top. DESCHUTES CO
Upon roll call vote. Resolution No. 2162 annexing Broken Top lots to the City of Bend was adopAD DEPT
unanimously.
10. CONSIDER PILOT BUTTE LAND/EASEMENT TRADE. 0154-1575
Mr. Patterson showed the affected trade parcels on the monitor. They will receive state land and
easements in exchange for City property. The City will build a water reservoir on the traded parcel as
well as transmission lines. The State will build some offices and a parking area to serve the park and
develop a trailhead. He was requesting permission to sign a letter of intent to exchange property which
he outlined. They had wanted to retain some road easement but the State doesn't want to agree to that
and they can work around that. Councilor Hogan asked if they would still have a connection through
to Purcell. Mr. Gellner said there would be a connection to the subdivision to the north but not a
connector through street.
Councilor Woodward moved and Councilor Johannsen seconded a motion to authorize the City Manager
to sign the letter of intent. The motion carried unanimously.
11. CONSIDER THE FIRST READING OF A PROPOSED ORDINANCE AMENDING THE
BEND CODE RELATING TO THE CONDUCT OF ELECTIONS FOR THE CITY OF
BEND.
Mr. Marceau explained they had prepared an amendment to the Bend Code that would require a person
to get a signature petition with 150 signatures to run for City office which has been the City's policy
in the past. This is a departure from state law which requires that the number of signatures by 1 % of
the voting electorate in the last election.
In title only, Mr. Patterson conducted the first reading of the proposed ordinance.
12. RECEIVE REPORT ON PROPOSED TRAFFIC IMPACT ANALYSIS REQUIREMENT
BY CITY ON LAND USE PROPOSALS.
Mr. Patterson explained that this will allow the City to hire traffic consultants and charge a fee for
doing so when a traffic analysis is required for a proposed development. Mr. Marceau outlined what
the procedure would be.
Councilor Hogan moved and Councilor Chitwood seconded_a motion to refer this vrovosed modification
of the Land Use Procedures ordinance to the Planning Commission. The motion carried unanimously.
13. CONSIDER CONCURRENCE OF DESCHUTES COUNTY FINDINGS FOR THE
VACATION OF FRONTAGE ROAD.
Community Development Director Deborah McMahon explained that Deschutes County is asking for
concurrence on the vacation of Frontage Road which she showed on the monitor. This is a road parallel
to Century Drive and had provided access to West Ridge subdivision and Cascade Jr. High. There have
been changes in the road access, and because the developer had given land for this purpose, Deschutes
County had agreed to initiate the vacation proceeding. The County has approved the vacation and is
seeking City concurrence. This is a road under County jurisdiction within the City limits. The land is
zoned RS and the intended future use of the vacated land is not known. Councilor Hogan stated that
when this was first proposed they talked about convenience commercial. Access to this land will not
come from Century Drive.
Councilor DeWolf moved and Councilor Hogan seconded a motion of concurrence with Deschutes
County on the vacation of Frontage Road. The motion carried unanimously.
14. CONSIDER ENDORSEMENT OF DESCHUTES COUNTY ORDINANCE RELATED TO
COUNTY OWNED PROPERTY.
4
ao? »a5so
O 15Ll ' 15-7 S (OAL j
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:
06 APIR 25 X1-3 9: Qi
L
BY.y
N0. 96-14 017 FEE �.
DESCHUTES COUNTY OFFICIAL RECORDS