1997-06483-Order No. 97-004 Recorded 2/20/1997REV WED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COU T GON
An Order accepting and approving the Engineer's ! r.t. COttNIM
Report on the vacation of all of the Alley in Block 19
lying between 5th and 6th Streets located in Laidlaw
Subdivision (Tumalo), Deschutes County, Oregon, _r
setting a date for a public hearing, and providing for 97-06483
public notice of said hearing.
ORDER NO. 97-004
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 97-003 dated on February 19, 1997; 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 all of the Alley in Block 19 lying between 5th and 6th Streets located in Laidlaw
Subdivision (Tumalo), Exhibit "A", attached hereto and by this reference incorporated herein, is
hereby accepted and hereby approved.
Section 2. That on Wednesday, April 2, 1997, 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 J day of , 1997.
B ARD OF COUNTY CO MISSIONERS
+VDESCHUT�X COUWY, OREGON
0 • .A, . -!
A7 "f
RO FL. NIPPE ��� . • •
Recording Secretary
DA L. SWEARING
1 - ORDER NO. 97-004
N,, COMMISSIONER
FEY ZZ 1997
MEMORANDUM 61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer 12�
DATE: February 20, 1997
SUBJECT: Engineer's Report, Vacation of an alley between Fifth Street and Sixth Street west
of Cook Avenue within the Community of Tumalo (Laidlaw Plat).
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 an abutting property owner,
requesting the vacation of a public road right-of-way being a portion of Fifth Street and Cook
Avenue at their intersection and a nearby alley located in the middle of block 19. Additional
research showed that the land originally thought to be public right -of- way at Fifth and Cook
Avenue is actually owned in fee simple by Deschutes County and will have to be deeded outright
to or sold to the adjoining property owner who is requesting the vacation of the alley and wants
to obtain this parcel of land. The legal description of the alley to be vacated is attached as
"Exhibit 2".
The petition received by Deschutes County meets the requirements of ORS 368.341 relating to
the initiation of vacation proceedings by the owner of property abutting public property. The
alley proposed to be vacated is abutted by a five parcels of land owned by two property owners.
The petition contains the acknowledged signature of the owner of four of the five tax lots and the
majority of property abutting the alley. The owner of tax lot 4300 is owned by a second party
who has not signed the petition for vacation.
The reason for requesting this vacation, as stated by the petitioner is:
1) The previous owners of the Tumalo Store and the present owner have had the use of the alley
and the corner of 5th Street and Cook Avenue for many years. The steel posts and chain fence
located within the triangular shaped parcel have been in place at least 30 years.
Other reasons for this vacation are:
2) The alley right-of-way has not been used for public access to the properties of the two
owners of property on block 19.
Quality Services Performed with Pride
156-1809
3) The county owned triangular shaped parcel creates a potential adverse impact on the adjacent
property owner with no benefit to the County.
4). This property, if vacated, will go onto the county tax rolls.
Discussion:
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: No response.
Pacific Power: No response.
Tumalo Irrigation District: No response.
Laidlaw Water District: No response.
Bend Cable Communications: No response.
Bend Fire Department: No response.
Community Development: No response.
Address Coordinator, Community Development: No response.
Property Management: Jim Bonnarens, Field Analyst responded: "We have no objections
with the vacation of property stated above. The county does not own any land adjacent to or near
this property. Thank you for your concern." (Note: Mr. Bonnarens had no way of knowing that
the triangular shaped parcel was county owned property rather than public right-of-way.)
County Legal Counsel: Bruce White responded: "No comments."
Findings.
•
Based on preliminary responses, and the Department's research of the proposed vacation and
land sale, the Engineer makes the following findings:
1. The alley right-of-way proposed for vacation was dedicated to the public for road purposes on
the original plat of Laidlaw filed with the Crook County Court on August 8, 1904. (Deschutes
County was split off from Crook County and created as a separate county on December 13,
1916.) The triangular shaped property on the corner was deeded to Deschutes County on
February 21, 1927. This parcel was not dedicated as public right-of-way and is owned in fee by
Deschutes County.
2. There are no improvements within the alley proposed for vacation. There is no way to drive
the length of this alley between Fifth and Sixth Streets due to the location of the Tumalo
Recycling Depot within the right-of-way of the alley.
0156-1810
3. The five tax lots located on block 19 all have legal frontage on and access to either Fifth
Street, Sixth Street, Cook Avenue or Bruce Street. Thus, the vacation of the alley will not leave
any parcel without legal frontage or access to a public road.
4. There is no evidence of any utility facility lying within the alley right-of-way proposed for
vacation.
5. Per ORS 368.366, the vacated property shall vest in the rightful owner holding title according
to law. The land within the alley, if vacated shall revert back to tax lots 4200 4201, 4300, 4400
and 4500 along their frontages on the alley out to the centerline of the alley.
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 of the alley does not affect any
utilities and is not needed for any future utility facilities within the alley.
If the alley is vacated, the property shall vest with the owner properties with underlying title (tax
lots 4200, 4201, 4300, 4400, and 4500) in accordance with ORS 368.366.
- 0155-1811 AU—
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THC HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated.
Description of road to be vacated: �A'j R90TInti1
�n
X19 . ��i DLAI� ;
Located in*A4,5104V
�S ��i� '/\fn Deschutes' County.
DATED this ay of �J°�h1 , 19
NAME
ADDRESS
I certify that this is the true and origins ti tion circ
by me .
State of Oregon, County of Deschutes:
SIGNAT
The foregoing instrument was acknowledged 6� (� �3 �a A(
before me this 18th day of December 1996 ADDRESS
by JAS IVY. .2 �? 3 �.3p
TELEPHONEV J
Notary Publi r regon
OFFICIAL SEAL
DEBORAH L. HERSHEY
FORM: ti : NOTARY PUBLIC OREGON
DPW - VAC 2 COMMISSION NO.021639
MY COMMISSION EXPIRES JAN. 27, 1997
4155-1812
Project #296-96 11-05-96
295. DES
LLM
EXHIBIT "A"
DESCRIPTION
All that portion of Block 19, Laidlaw, being bound by Sixth Street (Cline Falls County Highway #373), Fifth Street,
Cook Avenue (Cline Falls County Highway #373) and Bruce Avenue
to be
VACATED
Being a portion of the West one-half of the Northeast one-quarter (W1/2 NE1/4) of Section 31, Township 16 South,
Range 12 East, Willamette Meridian, Deschutes County, Oregon described as follows;
All that portion of Block 19, Townsite of LAIDLAW, the official plat of which is recorded in the Deschutes County Clerk's
office, further described as follows;
A portion of Lot 24 of said Block 19, Beginning at a point on the south boundary of said Lot 24, which point is located
37.24 feet West from the Southeast corner of said Lot, the following five (5) bearings and distances:
1. Thence East 37.24 feet to the Southeast corner of said Lot;
2. Thence North 25 feet to the Northeast corner of said Lot;
3. Thence West 100 feet to the Northwest corner of said Lot;
4. Thence South 0.3 feet;
5. Thence in a Southeasterly direction on a curve to the right, the said curve having a radius of 113.2 feet for a distance
of 68.49 feet to the Point of Beginning.
Also, a portion of Lot 23 of said Block 19, Beginning at a point on the south boundary of said Lot 23, which is located
14.28 feet West from the Southeast corner of said Lot, the following (4) bearings and distances:
1. Thence East 14.28 feet to the Southeast corner of said Lot;
2. Thence North 25 feet to the Northeast corner of said Lot;
3. Thence West 37.24 feet along the north boundary of Lot 23 to a point;
4. Thence in a Southeasterly direction on a curve to the right, said curve having a radius of 113.2 feet for a distance of
34.08 feet to the Point of Beginning.
Also, a portion of Lot 22 of said Block 19, Beginning at a point on the north boundary of Lot 22, which point is located
14.28 feet West from the Northeast corner of said Lot, the following (4) bearings and distances:
1. Thence East 14.28 feet to the Northeast corner of said Lot;
2. Thence South 25 feet to the Southeast corner of said Lot;
3. Thence West 7.14 feet along the south boundary of said Lot;
4. Thence in a Northwesterly to the Point of Beginning.
Also, a portion of Lot 21 of said Block 19, Beginning at a point on the north boundary of said Lot 21, which point is
located 7.14 feet West from the Northeast corner of said Lot, the following three (3) bearings and distances:
1. Thence East 7.14 feet to the Northeast corner of said Lot;
2. Thence South 25 feet to the Southeast corner of said Lot;
3. Thence Northwesterly to the Point of Beginning.
REGISTERED
Also, the alley as platted on the aforesaid Block 19, Township of Laidlaw official plat. PROFESSIONAL
[-LAND SURVEYOR
See attached EXHIBIT "A-1" i
Prepared By The Firm Of JULY ss, 1"1
LINDA LEEMILLER �c
MILLER LAND SURVEYING COMPANY 25131
Bend, Oregon
Renewal Date 12-31-06
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EXHIBIT "2"
Vacation of the Alley in Block 19 of the Townsite of Laidlaw (Tumalo)
All of the alley in Block 19 as shown on the official plat of the Townsite of
Laidlaw recorded and filed in Cabinet A, Page 38 of the plat records in the
office of the County Clerk, Deschutes County, Oregon.
SUBJECT TO the reservation of a utilities easement in and upon all of the property; for
the purpose 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, it's
agents, licensees and permittees; forever.
J:\DATA\WORD\MJB\VACATE\Bl9ALYLL.DOC
2/21/97
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EXHIBIT "8 0x.56-1816
Vacation of the Alley in Block 19 of the Townsite of Laidlaw (Tumalo)
All of the alley in Block 19 as shown on the official plat of the Townsite of
Laidlaw recorded and filed in Cabinet A, Page 38 of the plat records in the
office of the County Clerk, Deschutes County, Oregon.
SUBJECT TO the reservation of a utilities easement in and upon all of the property; for
the purpose 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, it's
agents, licensees and permittees; forever.
J:\DATA\WORDuMJB\VACATE\B19ALYLL.DOC
2/21/97
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EXHIBIT "C"
CERTIFIED MAIL 0156-1817
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON APRIL 2, 1997, 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.
In response to a petition by landowners, Deschutes County initiated the vacation of all of
the Alley in Block 19 lying between 5th and 6th Streets within Laidlaw Subdivision (Tumalo)
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.
B ARD OF OUNTY COMMISSIONERS
SCHUTE UNTY REGON
NANCY PO EH LANGEN, Chair
PUBLISHED: March 13 and March 23, 1997
POSTED: March 13, 1997
MAILED: March.3, 1997