1996-24164-Order No. 96-067 Recorded 6/26/199696-24164
96-2325'7
LEGAL CQUNS
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Public Utility Easement * 414 0569
within Waywest Properties (Lodgepole Drive
and Cypress Street), in Deschutes County, Oregon * 0154-21
ORDER NO. 96-067
WHEREAS, proceedings for vacating a Public Utility Easement in Deschutes
County, Oregon, were initiated by a petition filed by owners of property abutting said
Public Utility Easement pursuant to ORS 368.341(1) (c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said
owners' approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Engineer has prepared and filed with the Board a written report
pertaining to the vacation; and
WHEREAS, said report contains the County Engineer's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Engineer's written report, attached as Exhibit "C" and by
this reference incorporated herein, is hereby accepted and approved.
Section 3. That the property, described in Exhibit "B" attached hereto and by this
reference incorporated herein, is hereby vacated.
rj.tiCF,0F;;MED K C:P
ORDER NO. 96-067 - PAGE 1 JUL i € 15�� L 96
4
414 - 0570
Section 4. That the property, vacated in section 3 herein shall vest with the rightful
owner holding title according to law, in accordance with ORS 368.366.
Section 5. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 6. 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 day of , 1996.
T:
223&,jreX�
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
OFAD OHUTOYW , C UN M , OREGON S
NGEN, CHAIR
GH R, COMMISSIONER
ROBERT 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 A. day of
ORDER NO. 96-067 - PAGE 2
1996.
NOTARY PUBLIC FOR"OREGON
My Commission Expires: 4-19-e97
AMA O � HgE
OMNOTARY FLUA ON
AN NO. 023048
�eY aFOL fg. M
EXHIBIT "A"
Fox Hills
PROPERTY.• formerly known as Pinebnook
541/385-3303
April 16, 1996
Mr. Tom Blust
Deschutes County
61150 SE 27th Avenue
Bend, OR 97701
re: Request To Release Unnecessary Easements
In Vacated Portions Of Lodgepole & Cypress
Dear Mr. Blust:
0154-2'762
414 - 0571
ADMINISTRATION:
P.O.B. 69253
PotUand, OR 97201
503223.6333
Pax 452-4323
We have found these easements, which were created by reservation in the process of vacating Lodgepole
and Cypress, to be an unnecessary hardship upon our property and thus hereby request their release save
only that portion necessary to accommodate two utility lines.
One utility line is owned by Avion Water and runs south of the former centerline of vacated Cypress. The
other is an overhead power line which runs parallel to the water line but about 5' further south. I
understand that a typical waterline easement is 20' wide; it would be our hope to narrow the existing
easement in this area to the minimum reasonable width.
There are no utilities in the vacated portion of Lodgepole.
We have asked our engineers, Hickman Williams & Associates (Mr. John Kahlie @ 389-9351), to write
the legal description for this request.
Meanwhile, enclosed is our check in the amount of $500.00 to process this request. Please advise me of
any other information you may need or forms that I must provide.
Sincerely,.
PINEB OOK JOINT VENTURE
Jeffrey L. Payne, managinpartner
STATEOPOREGON )
) ss
County ofMultnomah)
Personally appeared before me the above named Jeffrey L. Payne, acknowledged the foregoing instrument to be his voluntary act and
deed
Before me:
ary Public for Oregon 2 o �%
My commission expires: % -1 vim- - ( V
OFFICIAL SEAL
JANICE L. CLARK
NOT A14Y Ptipi 1,C ORE
10 4
�I�•..�..J�Ar�fiJ�•.11�
�.1�'iTlf f• fl:� �. .f: ..
0154-2763
414 -° 0572
Exhibit "B".
Descrittion of Utility Easement
to be `Vacated
That utility easement reservation set forth in Volume 128, Page 231, Official Records,
Deschutes County, Oregon
Excepting therefrom:
A 20.00 foot wide strip of land, located in a portion of Tract 8, Waywest Properties (CS
10411) in Section 8, Township 18 South, Range 12 East, Willamette Meridian, Deschutes
County, Oregon, being more particularly described as follow:
The South 20.00 feet of Cypress Street as shown on the plat of Waywest Properties (CS
10411) which lies between the Easterly right-of-way line of Brookswood Boulevard and
the Westerly right-of-way line of Lodgepole Drive as shown on the plat of Right of Way
Map of a Portion of Lodgepole Drive (CS 11990), and the South 20.00 feet of Cypress
Street as shown on the plat of Waywest Properties (CS 10411) which lies between the
Easterly right-of-way line of Lodgepole Drive and the cul-de-sac bulb at the West end of
Cypress Street as shown on the plat of Right of Way Map of a Portion of Lodgepole
Drive (CS 11990).
20 foot wide utility easement
to remain.
) 1A':*"c,',r).'i.C;S'i7,','�r;I, f...' S a'Ji: u 354.0' ,(YfX=EVA.CJ..(JL
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: June 8, 1995
SUBJECT: Engineer's Report
Vacation of a Public Utility Easement Within
Waywest Properties (Lodgepole Drive & Cypress Street)
This report is made pursuant to ORS 368.351(1), concerning the vacation of property
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 proceeding 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 Fox Hills (Pinebrook Joint Venture), requesting
the vacation of that certain utility easement reservation set forth in Volume 128, Page 231,
Official Records, Deschutes County Oregon, lying within Waywest Properties.
The road right-of-way for the old alignment of Lodgepole Drive and Cypress Street was
vacated on October 13, 1993 by order of the Board of Commissioners, Order No. 93-185,
recorded in Volume 128, Page 231, Official Records. The vacation order reserved a blanket
easement upon the vacated parcel for utility purposes.
Fox Hills subsequently acquired the property containing the vacated right-of-way and has
received tentative approval for a mobile home development (CU -95-19). The blanket utility
easement places an encumbrance on the property that poses problems for the proposed
development, hence the owners request to vacate the reserved easement.
Avion Water and Pacific Power and Light both have utility facilities lying within the
original reserved easement. Fox Hills, in their petition, has requested that the blanket
easement be reduced to only that easement required by the existing facilities.
Quality Services Performed with Pride
Engineer's Report
Page 2
Discussion:
4 b154 u� 64
'7 5
The Department of Public Works reviewed the proposed vacation with the developer's
engineer, Hickman Williams and Associates. A thorough field search and a request to the
"one call" utility locate verified that the only utilities with facilities in the existing reserved
easement are Avion Water and P.P.&L.. All other utility facilities serving the proposed
development and surrounding area lie within the dedicated road right-of-ways.
Both Avion Water and P.P.&L. have submitted letters stating their requirements for utility
easements for their facilities. The proposed reduced easement, along with the dedicated
road right-of-ways, will provide adequate room for all existing utilities as well as future
utility expansion requirements.
Findings:
It is the Engineer's assessment that this vacation is in the public interest as the reservation
for a utility easement is only needed along a narrow strip of land. The vacation of the
unused utility easement will allow for the development of this land as tentatively approved
through the County's land use process.
The Engineer has verified that proceedings for this vacation have been initiated by a
petition under ORS 368.341 that contains the acknowledged signature of the owner of 100
percent of the property abutting the proposed vacation.
Recommendation:
It is the Engineer's recommendation that the Board approve the vacation of the reserved
easement as described in the attached Order No. 96-067.
The vacated property shall vest with the rightful owner holding title according to law, in
accordance with ORS 368.366.
.. ,
0154-2766
STATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
1, 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:
i r,:_
iL+-RK
DEPUTY
NO. FEE_--
DESCHUTES COUNTY OFFICIAL RECORDS \