1997-00865-Resolution No. 97-001 Recorded 1/9/19979'7-00865
REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COUNTY GON
A Resolution Initiatingthe Vacation of a portion of a LEG COUNSEL
60 foot Public Right of Way located in Township 16 South, 47 I,.1 ., ,� Q.
Range 11 East Section 34 in Deschutes County, Oregon, -
Describing the Property Proposed to be Vacated, the _ - -
Reasons for the Vacation, and requesting that the County _
Engineer file a Report.
RESOLUTION NO. 97-001
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned
for vacation of a public road known as a portion of a 60 foot Public Right of Way, located in Township
16 South, Range 11 East Section 34 in Deschutes County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest
to consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County,
Oregon, to vacate a portion of a 60 foot Public Right of Way, located in Township 16 South, Range
11 East Section 34 described in Exhibit "A", attached hereto and by this reference incorporated
herein, because it appears the road is no longer needed for public use, and will not be needed in the
future.
Section 2. That the County Engineer shall file an Engineer's Report with the Board of
Commissioners, describing the ownership and uses of property to be vacated, and whether the
vacation would be in the public interest, within fourteen (14) days of the date of this Resolution.
DATED this9?z!- day of , 1997.
AT
R cording Secretary
1 - RESOLUTION NO. 97-001
BOARD OF COUNTY COMMISSIONERS
0 DESCHUTES COUNTY, OREGON
uh,V& 11RD01,
NANC PE HLANGEIN, CO ISSIONER
ROYERT L. NIPPER..COWSSIONER
DA L. SWEAIR�N, COMMISSIONE4yP �yCHEC
141CROFILMED
T"— jAPJY 1997
JAN 1 ei1997
0156-0894
EXHIBIT "A"
VACATION DESCRIPTION
A sixty foot wide strip of land lying in the South 1/2, NE 1/4, SW 1/4 of
Section 34, Township 16 South, Range 11 East of the Willamette
Meridian, Deschutes County, Oregon, more particularly described as:
That sixty foot wide strip of land dedicated on Major Partition Number
MJP-78-57, signed by the Board of County Commissioners on
February 14, 1978, lying west of the westerly right of way of Pinehurst
Road.
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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0156®0896
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: Dick Johnson, Management Analyst
DATE: January 2, 1997
SUBJECT: Engineer's Report, vacation of an unnamed right-of-way located on the west side of
Pinehurst Road north of Tumalo Reservoir Road and south of Walton Road in Section 34: T.16
S. , R 11 E. , W.M.
Background:
Deschutes County received a petition (attached as "Exhibit B") signed by all the abutting
property owners, requesting the vacation of a public road right-of-way. The requested vacation
is for a sixty foot wide strip of land dedicated on major partition MJP-78-57, signed by Board of
County Commissioners on February 14, 1978, lying west of the westerly right-of-way of
Pinehurst Road. A legal description of the right-of-way parcel to be vacated is attached as
"Exhibit A".
The partitioner, JoAnn Outhyse, owns the abutting property on the south side of the proposed
road vacation. The partitioner is requesting this vacation because she believes this sixty -foot
right-of-way is unimproved, unused and remains in its natural landscape of Juniper trees, brush
and rock. With the dedication of an additional thirty-foot right-of-way along the north boundary
of Mike and Ann Wiens property ( TAX LOT #00805), Steve and Holly Engquist would remain
with a sixty -foot access to their TAX LOT #00801 for access needed if permitted, to partition
their ten -acre parcel in the future.
Discussion:
The proposed vacation is being done in conjunction with the dedication of a 30 foot wide right-
of-way to the north of this vacation and parallel to this vacation on the west side of Pinehurst
Road. (Land Use File # RD -96-2) The Road Dedication to the north, proposed by Mike and Ann
Wiens (RD -96-2), is being done concurrently with this vacation and if approved will provide
both access and legal frontage to TAX LOT #00801 owned by Steve and Holly Engquist located
at the west end of the sixty -foot wide right-of-way being proposed for vacation.
From evidence on the ground, electric power lines are located within the road right-of-way
proposed to be vacated. The Central Electric Cooperative, Inc. therefor requests a 60 foot wide
Quality Services Performed with Pride
0155-0$91
public utility easement (PUE) within the road right-of-way proposed for vacation be reserved to
maintain their facilities.
The Department of Public Works mailed preliminary notices of the proposed vacation to the
affected utilities and agencies. Their responses are as follows:
U.S. West Communications: R. Payne responded: " Need easement for existing Line serving
T.L. 801."
Central Electric Cooperative, Inc.: Scott Whipple, Engineering Services Manager responded:
"Thank you for the opportunity to comment on the request to vacate a 60 foot right-of-way in
Section 34: T. 16 S., R. 11 E., W.M. CEC currently maintains electric power lines within the
proposed road vacation area.
Please Reserve a 60 foot public utility easement (PUE) within the location of the road right-of-
way proposed to be vacated. The reservation of a PUE's will assist CEC and other utilities in
maintaining existing and future services in that vicinity,
Please give me a telephone call at 548-6679 if you have any questions."
Deschutes County Community Development: Heidi Kennedy, Assistant Planner with CDD
responded:
"See County Planning Division File RD962. I have passed on this notice to Paul Blikstad. Paul
is the planner working on this file."
Findings•
Based on preliminary responses, and the Department's research of the proposed vacation, the
Engineer makes the following findings:
1. The sixty foot wide right-of-way was obtained as part of MAJOR PARTITION MJP-78-57,
approved February 14, 1979 dedicating said sixty -foot right-of-way requested to be vacated.
Prior to this, MAJOR PARTITION MJP-78-25 was approved on June 9, 1978 dedicating a thirty
foot right-of-way which, in conjunction with the additional thirty feet of access proposed under
RD -96-2, allows access to TAX LOT #00801 to the west owned by Steve and Holly Engquist.
2. An application for a Road Dedication to dedicate a 30 -foot wide strip of land as a public road
right-of-way (File No. RD062-2) is being considered concurrently with this vacation. This thirty
foot road right-of-way dedication coupled with the earlier thirty foot right-of-way made under
MJP-78-25 will provide a sixty foot wide right-of-way serving Tax Lots 806, 807 and 801 in
Section 34, T 16, R 11. (See the enclosed map.)
3. There are power and telephone lines located within the existing road right-of-way proposed
for vacation, thus a utility easement needs to be reserved on the vacated public road right-of-way
parcel.
4. Tax Lot 804 owned by Joe and JoAnn Outhyse and Tax Lot 805 owned by Mike and Ann
Wiens have legal frontage on Pinehurst Road and have no need for the public road right-of-way
0156-0898
being proposed for vacation. Tax Lot 801 owned by Steve and Holly Engquist will have access
to the road being dedicated under RD -96-2.
5. The sixty -foot wide right-of-way is unimproved, unused and remains in its natural landscape
of Juniper trees, brush and rock.
6. Surrounding zoning: all of the land bordering and surrounding the road right-of-way segment
to be vacated is zoned Exclusive Farm Use, Terrebonne, Redmond, Bend (EFUTRB).
7. It appears that the process is adequate to amend the major partition and that a land use process
is not necessary to affect the vacation of this dedicated right-of-way. The vacation process
requires adequate findings, notice and a hearing per ORS Chapter 368. Furthermore, ORS
Chapters 92 and 368 both seem to anticipate that the vacation process will be used to change the
configuration of platted property.
8. The owners of the three parcels abutting this right-of-way are all in favor of and in agreement
with this proposed road vacation.
9. DCC 17.36.180 A, states: "Each lot or parcel shall abut upon a public road for at least fifty
feet, except for lots or parcels fronting the bulb of a cul-de-sac, then the minimum frontage shall
be thirty feet." The proposed vacation would leave both tax lots 804 and 805 with frontage on
Pinehurst Road with tax lot 801 having legal access on the road right-of-way being dedicated
under RD -96-2. The frontage of any other lot would not be affected by the vacation.
10. Per ORS 368.366, vacated property shall vest the owner of the land abutting the vacated
property by extension of the person's abutting property boundaries to the center of the vacated
property.
Recommendation:
The County Engineer recommends that the vacation of the segment of unnamed road located
west of the westerly edge of Pinehurst Road dedicated on Major Partition Number MJP-78-57,
signed by the Board of County Commissioners on February 14, 1978. It is recommended that
notice of the public hearing required under ORS 368.346, be mailed to the owner of the parcels
abutting this unnamed public road.
It is the Engineer's assessment that the proposed vacation is in the public interest. The vacation
of this public 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 the Engineer's assessment that the proposed vacation would affect utilities and an utility
easement is to be reserved over the parcel of land being vacated as public right-of-way.
It is the Engineer's assessment that the proposed vacation be made in conjunction and concurrent
with the approval of RD -96-2 to ensure legal access to the property owned by Steve and Holly
Engquist, TL#00801, said property would otherwise not have legal frontage on a public road
right-of-way. The vacation shall not be granted unless the road dedication proposed under RD -
96 -2 is also approved.
0156-0899
The vacated property shall vest with the abutting property owners in accordance with ORS
368.366.
4 • • 0155-0900
EXHIBIT "B11
October 25, 1996
Deschutes County Department of Public Works
61150 S.E. 27th Street
Bend, Oregon 97702
Mr. Tom Blust - County Engineer
The following property owners request a vacation of a sixty -foot dedicated right-of-way, which encumbers
their three parcels.
In conjunction with this vacation of right-of-way, the owners of TAX MAP 16-11-3400 TAX LOT 00805,
have applied to Deschutes County Planning (ATTN: Mr. Paul Blikstad), for a thirty-foot dedicated public
right-of-way along the north six hundred thirty-foot boundary on their tax lots.
1) Description of property proposed to be vacated:
Sixty -foot dedicated right-of-way as part of MAJOR PARTITION MJP-78-57, which divides
parcel #1 and parcel #3, giving a proposed access to parcel #2. Legal description: TAX MAP
16-11-3400 TAX LOTS #00801, #00804 and #00805.
2) Reasons for request of vacation:
MAJOR PARTITION MJP-78-57 was approved February 14, 1979 dedicating said sixty -foot
right-of-way requested to be vacated. Prior to this, MAJOR PARTITION MJP-78-25 was
approved on June 9, 1978 dedicating a thirty-foot right-of-way which allows access to TAX LOT
#00801.
Steve and Holly Engquist benefit by both dedicated right-of-ways, but access their property (TAX
LOT #00801) on the thirty-foot surfaced and improved right-of-way dedicated as part of MAJOR
PARTITION MJP-78-25.
The sixty -foot right-of-way that the vacation is being requested of is unimproved, unused and
remains in its natural landscape of Juniper trees, brush, and rock. With the dedication of an
additional thirty-foot right-of-way along the north boundary of Mike and Ann Wiens property
(TAX LOT #00805), Steve and Holly Engquist would remain with a sixty -foot access to their
TAX LOT #00801 for access needed, if permitted, to partition their ten -acre parcel in the future.
3) Names and address of all persons holding recorded interests, constructed improvements, and owning
any real property abutting public property proposed to vacated:
Steve and Holly Engquist
18353 Pinehurst Road
Bend, OR 97701
Mike and Ann Wiens
18349 Pinehurst Road
Bend, OR 97701
TAX MAP #16-11-3400
TAX MAP #16-11-3400
TAX LOT #00801
TAX LOT #00805
Joe and JoAnn Outhyse
18331 Pinehurst Road TAX MAP #16-I1-3400 TAX LOT #00804
Bend, OR 97701
All part of MAJOR PARTITION MJP-78-57 (Parcels #1, 2, and 3)
0156-0901
This petition is for the vacation of said sixty -foot right-of-way only, and not a part of any
subdivision, partitioning plan or re -division.
Upon the vacation of said sixty -foot public right-of-way, it is requested of Deschutes County to
create a utility easement to benefit tax lot #00801 for existing and future utilities.
Enclosed is a check in the amount of $500.00, submitted by Joe and JoAnne Outhyse as a filing
fee requirement of Deschutes County for this petition.
The owners of the properties described above request that Deschutes County Public Works and
Planning Departments address the vacation of said sixty -foot right-of-way and the dedication of a
new thirty-foot right-of-way in a manner where a decision may be reached and acknowledged by
all parties at the same time.
4) Signature of all property owners requesting vacation:
Steve Engquist
-4&
Holly Engqui
Mike Wiens
Ann Wiens
D
Joe hyse
�/2 2& )
JOuthyse
Notary:
Date: // " C - '?6"
Date:
Date: &— 41 - %
Date: //- (J-9&
Date: 11-G-96
Date: Z - G -
0356-°0902
STATE OF OREGON, County of Deschutes: ss.
The foregoing instrument was acknowledged before me this /1-1ay of
1996:by STEVE ENGQUIST
OFFICIAL SEAL `
JANET L REDDING
NOTARY PUBLIC -OREGON tary Public for Oregon �T
COMMISSION NO. 048,922 LX4y Commission Expires: /vo d 3,
MY COMMISSION EXPIRES NOV. 13, 1999
STATE OF OREGON, County of Deschutes: ss.
The foregoing instrument was acknowledged before me this �'<day of
1996 bV HOLLY ENGQUIST
OFFICIAL SEAL
JANET L REDDlNGey,
ary Public for Oregon
NOTARY PUBLIC -OREGON Commission Expires: A-6 v 3 9
COMMISSION NO. 048.W2
MY COMMISSION EXP!RES NOV. 13, 1999
STATE OF OREGON, County of Deschutes: ss.
The foregoing instrument was acknowledged before me this day of �/n l�
1996 b MIKE WIENS
OFFICIAL SEAL
JANET L REDDING
NOTARY PUBLIC -OREGON Mary Public for Oregon�0 ✓ /
COMMISSION NO.048922 M Commission Expires: J ! /
MY CO!l,SivIISSION EXPIRES NOV. 13, 195!9
STATE OF OREGON, County of Deschutes: ss. ,!�
The foregoing instrument was acknowledged before me this /Q'=tiay of
1996 by ANN WIENS
OFFICIAL SEAL
JANET L REDDING
NOTARY PUBLIC -OREGON o ry Public for Oregon q
COMMISSION NO. 048922
�% v � �� � 9
MY COMM!SSION EXPIRES NOV. 13, 1999 y Commission Expires: %
STATE OF OREGON, County of Deschutes: ss.
The foregoing instrument was acknowledged before me this/ of AI n i, ,
1996 by^JOE OUTHYSE
OFFICIAL SEAL
JANET L REDDING
NOTARY PUBLIC -OREGON tary Public forVOregon
COMMISSION NO. 048922 p n
MY COMMISSION EXPIRES NOV. 13, 1999 My Commission Expires: /110 Iv . / / 7
STATE OF OREGON, County of Deschutes: ss.
The foregoing instrument was acknowledged before me this X, JX day of 1VQ L .
1996 by JOANN OUTHYSE
OFFICIAL SEAL
JANET L REDDING a Public for Oregon
NOTARY PUBLIC -OREGON �' „/D v- �� / G
COMMISSION NO. 048922 y Commission Expires: /v ,
MY COMMISSION EXPIRES NOV. 13, 1999