1996-41263-Order No. 96-112 Recorded 10/31/1996�lC`vi.:Y0r.0
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COUN EGON
9F-410263 r
An Order accepting and approving the Engineer's
Report on the vacation of a portion of Baretlmay Lane, C". '
Deschutes County, Oregon, setting a date for a public
hearing, and providing for public notice of said hearing. _ ;i C ..
ORDER NO. 96-112
fill
WHEREAS, the Board of County Commissioners of Deschutes`6kM 01` gon, initiated the
vacation by Resolution Number 96-134 dated on October 30, 1996; 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 Bartelmay Lane, Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, December 11, 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 30 day of L!&A�e } , 1996.
BOARD OF COUNTY COMMISSIONERS
OV DESCHUTES, COUNTY, OREGON
NANQY PQ1?E SQKANGEN, CHAIR
A T: r%-
BARI
Recording Secretary
G
ROB
1 - ORDER NO. 95-052
LAUGHTE . COMMISSIONER
L. NIPPER, COMWSAIONER
14iCROFILMED
NOV 9 2,1996
NE
1996
J-� ESC EXHIBIT "A.. Gr
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:. Department of Public Works
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: October 23, 1996
SUBJECT: Engineer's Report
Vacation of Bartlemay Lane
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Background:
Deschutes County received a petition (attached as "Exhibit I") from the abutting
property owners, requesting the vacation of a public road right-of-way being a portion
of Bartlemay Lane. The legal description of the portion of Bartlemay Lane to be
vacated is attached as "Exhibit 2".
The petition received by the County meets the requirements of ORS 368.341 relating to
the initiation of vacation proceedings by the owner(s) of property abutting public
property. The portion of Bartlemay Lane proposed to be vacated is abutted by four (4)
parcels of land in separate ownership. The petition contains the acknowledged
signatures of three of the four abutting property owners. The fourth abutting parcel is
owned by Deschutes County.
The reasons for requesting this vacation, as stated by the petitioners are:
1) The right-of-way appears to have been created to provide access to a piece of
County owned land that would otherwise be landlocked. Access to the County's land
does not require a public right-of-way along private property over the entire north
boundary of the County's property.
2) The right-of-way creates a potential adverse impact on adjacent property owners,
with no benefit to the County.
3) Neither the State, nor the County Property Manager objects to the proposed
vacation.
Discussion:
The Department of Public Works mailed preliminary notices of the proposed vacation
to the affected utilities and agencies. Their responses are as follows:
Cloverdale Fire Department: No response
Quality Services Performed with Pride
Engineer's Report
Page 2
Bend Cable Communications: No response
U.S. West Communications: No response
Central Electric Cooperative: No response.
Deschutes County Community Development:
Planning (Kevin Harrison) - Road right-of-way does not show up on Assessor's
map. Removal of right-of-way limits ability to divide tax lot.
Deschutes County Property Management:
(5-15-96 memo from Brad Chalfant) - You will recall that we previously discussed a
requested vacation of right of way along the south line of tax lot #304. This right of
way provides access to the County property identified as 151012-00-00600. My
concerns had been two fold. You may recall that my primary concern related to
adequate access to the County owned real property. While I have not inspected this
right of way or the County property (access road is not built), the map would
indicate that the County property will be adequately served as long as any vacation
is limited to the right of way across tax lot #304.
My second concern dealt with the policy implication of vacating a right of way that
could serve as access to multiple properties, and eliminate several access points onto
the highway. However, based upon our conversation, ODOT does not seem to have
much interest in limiting direct access to the highway. Mike Mansker showed me a
copy of the land use decision. If in fact, neither ODOT nor CDD have any
objections to the proposed vacation, then I would see no reason to build this road
across tax lot #304.
(10-2-96 response to preliminary notice) - Property Management has no objection to
the requested vacation so long as access is maintained to the County owned real
property to the south (15-10-12-00-00600).
Oregon Department of Transportation:
T.L. 304 and 400 have permitted access points to state highway with no reason to
cancel. T.L. 300 and 302 can access state highway from easement existing and in
use along T.L. easterly property lines. ODOT has no comment on proposed
vacation as there will be no impact on state highway system.
Findings
Based on preliminary responses, and the Department's research of the proposed
vacation, the Engineer makes the following findings:
1. The right-of-way proposed for vacation was dedicated to the public for road
purposes on the original plat of Major Partition No. 77-1, signed by the Board of
County Commissioners on September 27, 1977. As noted by the Community
Development Department, the current tax assessors map is in error and does not show
this right of way. Also, it should be noted that the 60 foot wide strip of land connecting
Bartlemay Lane to Hwy. 126 is shown as a tax lot (T.L. 300) when in fact it is a
dedicated public road right of way.
Engineer's Report
Page 3
o1�s-CO�:1
2. There are no improvements within the proposed vacation. It appears that this right
of way has never been used for roadway purposes.
3. All of the properties abutting the proposed vacation are zoned EFU and also fall
within a SMIA zone (see attached Exhibit "Y).
4. This right-of-way does provide access to public land. Deschutes County is currently
in ownership of tax lot 600, which abuts to the south of the proposed vacation. This
parcel will still retain legal access to Bartlemay Lane since the proposal would only
vacate a portion of the frontage.
5. There is no evidence of any utility facility lying within the proposed vacation.
6. This right-of-way does not provide access to any parcels other than the abutting
property. This vacation would eliminate a potential access to tax lot 400. Tax lot 400
does have a legal access on Hwy. 126 per ODOT. The owners of tax lot 400 are in
agreement with the proposed vacation and have signed the petition. It would appear
that any future development of tax lot 400 could be accommodated with their current
access to Hwy. 126. Access to tax lot 304 would still be possible from the end of
Bartlemay Lane. Tax lot 304 also has a legal access on Hwy. 126 per ODOT.
7. Per ORS 368.366, the vacated property shall vest in the rightful owner holding title
according to law. Since the original 30 foot wide dedication came entirely from tax lot
304, the entire parcel, if vacated shall revert to tax lot 304.
Recommendation:
It is the Engineer's assessment that the proposed vacation is in the public interest. The
vacation of this right-of-way will allow for better use of this parcel of land since it is
not needed for public road purposes and will return the land to the tax rolls.
It is also the Engineer's assessment that the proposed vacation does not affect any
utilities and is not needed for any future utility facilities. The Engineer recommends
that the right-of-way be vacated without a reservation for utility easements.
If vacated, the property shall vest with the owner property with underlying title (tax lot
304) in accordance with ORS 368.366.
EXHIBIT 1 01TS—C IC,,
P.O. Box 1376
Sisters, OR 97759
July 20, 1996
Department of Public Works
Attn: Tom Blust
61150 S.E. 27th Street
Bend, OR 97702
Mr. Blust:
We, the owners of property adjacent to a public right of way as described below, wish to have the
west approximately 660 feet of said public right of way abon?oned, such that said right of way
will end at the east boundary line of tax lot 304 of tax map 151012.
Subject right of way is now described as "a lane 30 feet in width along the south edge of the
W1/2,NW1/4,NE1/4 and along the south edge of the NE 1/4, NW 1/4 of section 12, 1155,
R10E,WM, and known as Bartlemay Lane".
The reasons for requesting this vacation are as follows:
1) The right of way appears to have been created to provide access to a piece of County
owned land that would otherwise be landlocked. Access to the County's land does not require a
public right of way along private property over the entire north boundary of the County's
property.
2) The right of way creates a potential adverse impact on adjacent property owners, with
no benefit to the County.
3) Neither the State, nor the County Property Manager objects to the proposed vacation
(see attached correspondence).
There are no improvements on the subject right of way.
The names of persons holding recorded interest in adjacent private property are attach6d, as
provided by the Department of Public Works.
Thank you!
Jamil{. Gragg, Trustee, TM 151'012,
Michael J. Mansker, TL304
page 2
01536-0028
Sisters, OR
July 20, 1996
Charles H. Bartlemay, TL 302
Micki Bartlemay, TL 302
Juanita J. Bartlemay, TL 302
Attatchments
OFFICIAL SEAL
NOTARY PUBLIC r- OREGON
COMMISSION NO. 034546
MY COMMISSION EXPIRES MAY 9, 1998
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sown to me to be the idenliul irdividual.E described in and who executed the within instrument and
cknowledged to me that ......._...._.._. ..executed the same freely and voluntarily.
IN TESTIMON HEREOF, I have hereunto set my hand and affixed
1 mY official seal the year l a ve writte
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pl11qlt-S1; IpYblie for Oregon
My commission expires ..-C�._.�..�._....
STATEOF OREGON,
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BE IT REMEMBERED, That on this �!L! _ _. day of ...I'r•.C�i`P / (/
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before me, the undersigned, a Notary p� to and for the State of Ore ,personally appeared the within
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acknowledged to me that -�_...exaarted the same freely voluntarily.
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Notary Public for Oregon
My commission expires .// // ��7--�•--�•y�-
STATE OF OREGON, 1
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named the undersigned, a Notary Public in and for the State of Oregon, personally. appeared the within
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known to me to 6e the identical individual described in and who executed the within instrument and
sciuwwledged to me that _i ..,,,Cured the some freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written.
Notary Public for Oregon
My commission expires .... _....... ...... _
0156-0029
EXHIBIT 2
LEGAL DESCRIPTION FOR THE VACATION OF
A PORTION OF BARTLEMAY LANE PUBLIC RIGHT OF WAY
The South 30 feet of the West one-half, Northeast one-quarter Northwest one-
quarter of Section 12, Township 15 South, Range 10 East W. M. Deschutes
County, Oregon.
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EXHIBIT "B"
LEGAL DESCRIPTION FOR THE VACATION OF
A PORTION OF BARTLEMAY LANE PUBLIC RIGHT OF WAY
The South 30 feet of the West one-half, Northeast one-quarter Northwest one-
quarter of Section 12, Township 15 South, Range 10 East W. M. Deschutes
County, Oregon.
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C UN Y, ORE30N
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON DECEMBER 11, 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 MORT
REQUIRES THAT IF YOU
THE PURCHASER.
it
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of Bartelmay Lane located in Deschutes County be vacated.
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, (541) 388-6581.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
NANCY POPE SCHLANGEN, Chair
PUBLISHED: November 21, 1996 and December 1, 1996
POSTED: November 21, 1996
MAILED: November 11, 1996