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1996-16558-Order No. 96-001 Recorded 5/2/1996REVIEWED 96-15813 96--16558 , LEGAL 6UNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 408 4 0115 An Order Vacating a portion of Big Buck Road, located in Deschutes 54 —1653 County, Oregon. Pv 11,�- ORDER NO. 96-001 WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation of a portion of Big Buck Road by Resolution Number 95-073 dated November 22, 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 3, 1996 by Order Number 95-099 dated November 22, 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 continued said hearing to February 14, 1996 in order to hear additional testimony; and WHEREAS, the Board of County Commissioners 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: Section 1. That the property, described in Exhibit "A", attached hereto and by this reference incorporated herein, is hereby vacated. Section .2. That the property, vacated in Section 1, shall vest in the owner of the land abutting the vacated property pursuant to ORS 368.366 (1)(d). 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". 1 - ORDER NO. 96-001 tA1CROF1LMED K D _fyy1996 �- 3UN j7 MAY D 61996 408 w 0116 Section 4. That the Deschutes County Surveyor is directed to mark the plat, if any, as provided in ORS 271.230. U154--1654 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. BOARD OF COUNTY COMMISSIONERS OF,ESCHUI(E"'a COUNTY, OREGON NAN4Y PO E_SC N'GEN, CHAIR �I t,J A77,f BARR . SLAUGHTEFk, C MMISSIONER Recording Secretary RO RT L. NIPPER, COM S IONER STATE OF OREGON ) )SS. County of Deschutes ) 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 I day of 2 - ORDER NO. 96-001 My Commission Expires: 4— /8-97 �4 1 408 - 0117 0154-1655 EXHIBIT "A" VACATION OF A PORTION OF BIG BUCK ROAD A portion of Big Buck Road lying within Lots 5 & 8, Block 1 of the official plat of Fremont Canyon filed on April 26, 1978 located in Cabinet B Page 445 of the Plat Records in the office of the County Clerk, Deschutes County, Oregon, being more particularly described as follows: Commencing at the Southeast corner of said Lot 8, Block 1; thence N 000 48'29" E 30.00 feet along the east property line of said Lot 8 to the north 30 foot right-of-way line of Big Buck Road; thence leaving said east line N 890 24'03" W 80.22 feet along said north right-of-way line to the Point of Beginning; thence N 89° 24' 03" W 1219.04 feet to the west property line of said Lot 8; thence leaving said north right-of-way line and along said west line of Lot 8 S 00158'59" W 30.00 feet to the southwest corner of said Lot 8; thence S 000 58'59" W 30.00 feet along the west property line of said Lot 5, Block 1 to the south 30.00 foot right-of-way line of Big Buck Road; thence leaving said west line S 890 24' 03" E 1219.66 feet along said south right-of-way line; thence leaving said south right-of-way line 32.21 feet along the arc of a 50.00 foot radius non -tangent curve to the right, the long chord of which N 180 01' 27" W 31.66 feet to a point on the east - west property line between said Lots 5 & 8; thence leaving said property line 32.14 feet along the arc of a 50.00 foot radius curve to the right, the long chord of which bears N 180 50'46" E 31.59 feet to the Point of Beginning. Containing 72,750 square feet (1.67 acres) more or less. 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. 0 w z � 0 W V) w o u N o N o -co 0 I w z 0 0 0 J oo z z Q o �- z z 0 9 101 INITI — 5 101 ANIT w zo q W U Li Ln O N O N o� O m= N N U O U ICY � 0 :�iQv 0,00 �l II II z-r� m z aim 0 � 00 0 z u z U 3w3 I w, _j a E> Lr) w � Z O U U) W W \� z L) V 07 0� � O 0 M z Q \ V5 LO Ln �? ,00.09 J N II zo w N Q _ -J w m �z m u Q o ca � oo _ o a W z O� J OO N� zVl uOCD j� U� a W r�O �� z3q Nm (n 7uw O Ji z �Q �N LL -D -w Ln o WW �L,G� 8 10-1 =3Nl l'M 9 10� IINITAA z O DoF- u �- Www CZ Q > <w w� Q 3 o Ln o o Ln o L o 0 C() 0 o oC)o `n 0 O .0 0 o cn (n J U� 408 •0119, STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) I, MART SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS RECORDED THIS DAT: BY. M DEPUTY No. 96-15813 FEE DESCHUTES COUNTY OFFICIAL RE ORDS