1997-08609-Order No. 97-033 Recorded 3/13/199797-08609 2 8 2REVIEW
97-0-0156-2090
LEG ..:�uNs'EL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C ,
An Order Vacating a Portion of the H.A. Johnson Road in Deschutes County, Oregon
CD
o»
ORDER NO. 97-033
WHEREAS, proceedings for vacating a Portion of the H.A. Johnson
Deschutes County, Oregon, were initiated by a petition filed by owners of plierir�,
abutting said Road 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 pursuant to ORS 368.346(1), the County Road Official has prepared
and filed with the Board a written report pertaining to the vacation; and
WHEREAS, said report contains the County Road Official'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 in Exhibit "A" as Exhibit "1"
and by this reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Road Official's written report, attached as Exhibit "A"
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.
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.
ORDER NO. 97-033 - PAGE 1
i93
440 - 2822
0156-2091
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 12 day of ,� A /Q/`t�/,c� 1997.
kRD OF COUNTY COMMISSIONERS
DESCHIjfTl2-,$, COUI`4TY, OREGON '-,
MUPAMZ ' j8l
RAERT L. ..
Recording - -
LINDA L. SWCARiM
STATE OF OREGON )
)SS.
County of Deschutes )
GEN, CHAIR
it 1 1
ISSIONER
N, COMMISSIONER
Before me, a Notary Public, personally appeared NANCY POPE SCHLANGEN,
ROBERT L. NIPPER, and LINDA L. SWEARINGEN, the above-named Board of County
Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument
on behalf of Deschutes County, Oregon.
DATED this /.Z day of
ORDER NO. 97-033 - PAGE 2
My Commission Expires: 4— /8-97
OFFICIAL SEAL
ANITA MUTCHIE
'• NOTARY PUBLIC -OREGON
COMMISSION NO. 023846
MY COMMISSION EXPIRES APRIL 18, 1997
44U - 2823
0156-2092
Department of Public Works
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
EXHIBIT "A"
MEMORANDUM
TO: Board of County Commissioners
FROM: George Kolb, Assistant County Engineer —
DATE: Friday, March 07, 1997
SUBJECT: Engineer's Report
Vacation of a portion of the H.A. Johnson Road
This report is made pursuant to ORS 368.351(1), concerning the vacation of road
right-of-way 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 proceedings 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 (attached as Exhibit "1") from Crown Pacific
Limited and Jerry and Christine Moore requesting the vacation of a portion of the
road right-of-way of Johnson Road located north of Shevlin Park. Crown Pacific
and the Moore's are the sole abutting property owners along this section of Johnson
Road
The parcel proposed for vacation is a portion of the H.A. Johnson Road established
January 9, 1913 in Crook County Commissioners Journal 5 page 104. A map and
description of the parcel to be vacated are attached to the petition (Exhibit "1"). In
this area the existing paved Johnson Road does not fall within the original 40' right-
of-way. In the course of partitioning Tax Lot 17-11-23-00-400 Crown Pacific
discovered this situation and approached Deschutes County about resolving this
problem by dedicating a 60' foot right-of-way centered on the existing paved road
and vacating the portions of the 1913 alignment falling outside of the new
dedications.
The new dedication deeds from Crown Pacific and the Moore's were signed and
notarized and will be accepted by the Board of County Commissioners on the same
J:\DATA\WORD\MJB\VACATE\JHNS-ER.DOC
02/11/97 2:34 PM
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Quality Services Performed with Pride
440 2824
Page
Engineer's Report 0156-2093
day as the proposed vacation. There was the understanding at the time of the signing
of these dedications that the 1913 portion of Johnson Road running through these
properties would be vacated.
Discussion:
The Department of Public Works mailed preliminary notices of the proposed
vacation to the affected utilities and agencies. Their responses are as follows:
Bend Fire Department: No Response
U.S. West Communications: "No comment." -Bob Payne
Pacific Power and Light: No Response
Central Electric Cooperative: No Response
Avion Water Co.: No Response
Deschutes County Legal Council: No Response
Deschutes County Community Development: No Response
Deschutes County Property Management: "We currently do not have any facilities
on this property and do not foresee any future interest." -Brad Chalfant
The legal description of the proposed vacation, which was attached to the
preliminary notice, contained the County's standard blanket reservation for a utility
easement on the entire parcel.
The Department requested a utility locate through the "one -call" underground utility
locating service. No utilities were identified on this parcel through this process. We
also made a thorough field search of the parcel and found no evidence of any existing
utilities.
Recommendation:
It is the Engineer's assessment that the proposed vacation is in the public interest
contingent upon the acceptance of the Crown Pacific and Moore dedication deeds.
This portion of the 1913 right-of-way is not needed for roadway purposes due to the
fact that the roads new dedications are centered on the existing paved roadway and
the 1913 alignment has no practical use.
The vacated property shall vest with the abutting property owner in accordance with
ORS 368.366.
J: \DATA\WORD\MJB\VACATE\JHNS-ER. DOC
02/11/97 2:34 PM
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40 44U '- 2$2i5
FYI -11817-"/ ` 0156 -20"
PETITION FOR VACATION OF A PUBLIC ROAD
To: The Deschutes County Board of Commissioners
We, the undersigned, 100% owners of the abutting properties described below, respectfully
request the following described road to be vacated:
All of the 1913 A.H. Johnson Road as established in the Crook County Commissioners
Journal Book 5 Page 104 in the SE 1/4 NEIA and the SW 1/4 of Section 23, T.17 S.,
R. I I E., W.M., lying outside of the right-of-way to be dedicated and recorded prior to
vacation by Crown Pacific and Jerry N. Moore and Christine W. Moore.
The reason for this petition for vacation is, that the existing paved Johnson Road does not fall
within the established 1913, 40' right-of-way.
Dated this 16-6k day of F_f b(UG rV , 19E
CROWN PACIFIC LIMITED PARTNERSHIP,
a Delaware limited partnership
By: CROWN PACIFIC MANAGEMENT LIMITED
ARTNYJE SHIP, its General Partner
Roger L. Drage, 'Se'ciletary
805 SW Industrial Way
Bend, OR 97702
J ry N. Moore, an individual
6 050 Johnson Rd
Bend, OR 97701
istine W. Moore, an individual
63050 Johnson Rd
Bend, OR 97701
STATE OF OU -400 )
)SS.
COUNTY OF MULTNOM1qfI )
44U - 2826
0156-2095
This instrument was acknowledged before me on F4moa N I g ,19 q' -
by CROWN PACIFIC LIMITED PARTNERSHIP, a Delaware limited partnership
by CROWN PACIFIC MANAGEMENT LIMITED PARTNERSHIP, its General Partner
by ROGER L. KRAGE, Secretary. " A. &vJJ
OFFICIAL SEAL Notary Public for 601bA
=s RESA R. COAELL My Commission Expires: 04/1514 $
NOTARY PUC! -IC -OREGON
COMMISS10A NO.0 , CC$
h^Y COMMISS!0N E:7„E-3 F,� �. 1" 1998
STATE OF OREGON )
)SS.
COUNTY OF DESCHUTES )
This instrument was acknowledged before me on 31 as
by JERRY N. MOORE. n
Lin
oFFlcu►L SEAL Notary Public for r� i o G n h
TAMARA L HORN
'LOTARY PUBLIC -OREGON My Commission Expires:!1 ILL
OMMISSION NO.050922
MISSION EXPIRES FEB 01, 2000
�`
STATE OF OREGON )
)SS.
COUNTY OF DESCHUTES )
This instrument was acknowledged before me on o7 I a , 19 q
by CHRISTINE W. MOORE. r�
qV
Notary Public for (C
My Commission Expires:
OFFICIAL SEAL
TAMARA L. No
NOTARY PUBLIC -OREGON
COMMISSION NO.050922
MY COMMISSION EXPIRES FEB 01. 2000
.. 440 2827
0156-2096
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. , AHEXM1T H,4ROAD
0156-205'14
LOCATED IN: WI/2 SECTION 23, T17S, R11E, W.M., DESCHUTES COUNTY, OREGON
NW 1/16 1 , I
CORNER I I CN -116
---CORN/ER
TL o TL
400 401
I CENTERLINE OF13.
1913 ALIGNMENT
(40' R/W)
SHADED AREA= AREA TO BE VACATED:
PORTION OF 40'RIGHT-OF-WAY OF 1913
H.A. JOHNSON ROAD LYING OUTSIDE OF
CROWN PACFIC &MOORE DEDICATIONS. 30
AG` o�
04
CENTERLINE OF y'
1913 ALIGNMENT 6
(b, i i
FND 5/8- IR
W/PLASTIC CAP
STAMPED "OMAN
FOR CW 1/16
TL
2100
tQAG1F�G�
L12
`CENTERLINE OF
EXISTING JOHNSON
ROAD
HATCHED AREA=60.00' RIGHT-OF-WAY TO
BE DEDICATED BY CROWN PACFIC &
MOORES (CENTERED ON EXISTING PAVED
ROADWAY).
CENTER 1/4
CORNER
I" = 300'
PREPARED BY
IN mok
SURVEYORS, ENGINEERS
k PLANNERS
A
HICKMAN, WILLUMS do ASSOCIATES, INC
805 SW INDUSTRIAL WAY, SUITE 10, BEND. OR 97702-1093
PHONE (541) 389-9351 FAX (541) 388-5416
V
U L1
#
RADIUS
DELTA
LENGTH
CH -BEARING
REGISTERED
TANGENT
W I
I
C1
556.62'
UNE TABLE
105.39'
S06'15'50"W
PROFESSIONAL
52.85'
'N
TL
C2
> BEARING
DISTANCE
104.45'
LAND SURVEYOR
104.32'
52.35'
1
0 I
L1
S89'55'02"E
61.13'
283.72'
N23'43'38" E
281.23'
144.42'
to
b
L2
N89'09'36" W
60.00'
117.86'
N33'25'40" E
117.79'
59.00'
z
L3
L4
N29'56'49" E
N01'51'52"E
230.75'
96.57'
J
254.87'
N15'54'21"E
252.32'
old
] /4
L5
L6
N89'54'22"E
SO1'51'S2"W
30.02'
2604'57"
OREGON
JULY 19, 1
266.88'
INE
I
(
C7
97.59'
0657'43"
DAVID R. WILLIAMS
LI
S3S25'40"W
121:43'
60.83'
SIAL /�
L8
N89'55'02"W
30.53'
2.7.49'19"
2686
S23'59'52"W
262.14'
I
L1
S01'51'52"W
98.62'
EXPIRES: 30 JUNE, 1998
284.28'
S15!54'21"W
281.44'
145.05'
L122
N89'55'02"W
30.59'
1030.00'
06'57'43"
125.15'
S33'25'40"W
125.08'
L13
S89'55'02"E
188.65'
C14
556.62'
25'13'15"
245.02'
S2417'54"W
L14
S89'55'02"E
219.18'
(O
C15
M
M
104.91
N0657'48"E
104'.77'
52.60'
CORNER I
I
N
N
I
CURVE TABLE
#
RADIUS
DELTA
LENGTH
CH -BEARING
DISTANCE
TANGENT
W I
3 I
C1
556.62'
10'50'53"
105.39'
S06'15'50"W
105.23'
52.85'
'N
N
C2
616.62'
09'42'19"
104.45'
N05'41'34"E
104.32'
52.35'
0
0 I
C3
616.62'
26'21'49"
283.72'
N23'43'38" E
281.23'
144.42'
to
b
C4
970.00'
06'57'43"
117.86'
N33'25'40" E
117.79'
59.00'
z
C5
520.00'
28'04'57"
254.87'
N15'54'21"E
252.32'
130.05'
OI
C6
550.00'
2604'57"
269.57'
S15'54'21"W
266.88'
137.55'
I
(
C7
1000.00'
0657'43"
121.51'
S3S25'40"W
121:43'
60.83'
C8
586.62'
2.7.49'19"
264.38'
S23'59'52"W
262.14'
134.47'
OI
C12
580.00'
2904'57"
284.28'
S15!54'21"W
281.44'
145.05'
C13
1030.00'
06'57'43"
125.15'
S33'25'40"W
125.08'
62.65'
C14
556.62'
25'13'15"
245.02'
S2417'54"W
243.04'
124.52'
SW 1/16
(O
C15
586.62'
10'14'49"
104.91
N0657'48"E
104'.77'
52.60'
CORNER I
I
BEGIN A.H. JOHNSON RD
U-SREVOR-WK
10-
SE) /4 SIAL) /4
0
44U 2929
EXHIBIT "B"
Vacation of a Portion of the 1913 A.H. Johnson Road
All of the 1913 A.H. Johnson Road as established January 9, 1913 in the
Crook County Commisioneers Journal Book 5 Page 104 lying in the SE
1/4 NE 1/4 and the SW 1/4 of Section 23, T.17 S.,R. 11 E., W.M., and
lying outside of the right-of-way described in the attached Exhibits `B-1",
"B-2",and "B-3"
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\JHNSNVAC.LGL
03/07/97 10:47 AM
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H.A. JOHNSON ROAD
MOORE PORTION
Exhibit `B-1"
Moore Right -of -Way Dedication
PROPERTY DESCRIPTION
440 - 2330
0156-2099
A parcel of land containing 1.043 Acres, more or less, located in a portion of the Southeast
One -Quarter of the Northwest One -Quarter (SEI/4 NW1/4) of Section 23, Township 17 South,
Range 11 East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at the intersection of the east -west centerline of said Section 23 and the
centerline of H.A. Johnson Road which bears South 890 55' 02" East a distance of
219.18 feet from a 5/8" iron rod with a plastic cap stamped "OMAN" marking the
Center -West One -Sixteenth Corner of said Section 23; thence along said centerline
the following three curves and three courses:
around a 586.62 foot radius curve right 264.38 feet (chord bears North 230 29'
52" East, 262.14 feet);
North 360 54' 32" East a distance of 530.72 feet;
around a 1000.00 foot radius curve left 121.51 feet (chord bears North 330 25'
40" East, 121.43 feet);
North 290 56' 49" East a distance of 230.75 feet;
around a 550.00 foot radius curve left 269.57 feet (chord bears North 150 54'
21" East, 266.88 feet); -
North 010 51' 52" East a distance of 97.59 feet to the northerly boundary line
of said Southeast One -Quarter of the Northwest One -Quarter (SEI/4 NW1/4) of
said Section 23;
thence along said northerly boundary line North 890 54'220 East a distance of 30.02
feet to the easterly right-of-way line of said H.A. Johnson Road; thence along said
easterly right-ofway line the following three courses and three curves:
South 010 51' 52" West a distance of 98.62 feet,
around a 580.00 foot radius curve right 284.28 feet (chord bears South 150 54'
21" West, 281.44 feet);
South 290 56' 49" West a distance of 230.75 feet;
around a 1030.00 foot radius curve right 125.15 feet (chord bears South 330
25' 40" West, 125:08 feet);
South 360 54' 32" West a distance of 530..72 feet;
around a 556.62 foot radius curve left 245.02 feet (chord bears South 240 17'
54" West, 243.04 feet) to said east -west centerline of said Section 23;
thence along said east -west centerline North 890 55'020 West a distance of 30.59 feet
to the "Point of Beginning", the terminus of this description.
SUBJECT To: All easements, restrictions and rights-of-way of record and those common and
apparent on the land.
440 - 2831
Exhibit «B-2» 0156-2100
Crown Pacific Right -of -Way Dedication (17-11-23 TL 400)
H.A. JOHNSON ROAD
CROWN PACIFIC NORTH PORTION
PROPERTY DESCRIPTION
A parcel of land containing 1.043 Acres, more or less, located in a portion of the Southeast
One -(quarter of the Northwest One -Quarter (SEI/4 NW1/4) of Section 23, Township 17 South,
Range 11 East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at the intersection of the east -west centerline of said Section 23 and the
westerly right-of-way line of H.A. Johnson Road which bears South 890 55' 02" East
a distance of 188.65 feet from a 5/8" iron rod with a plastic cap stamped "OMAN"
marking the Center -West One -Sixteenth Corner of said Section 23; thence along said
westerly right-of-way line the following three curves and three courses:
around a 616.62 foot radius curve right 283.72 feet (chord bears North 23° 43'
38" East, 281.23 feet);
North 360 54' 32" East a distance of 530.72 feet,
around a 970.00 foot radius curve left 117.86 feet (chord bears North 330 25'
40" East, 117.79 feet);
North 290 56'49a East a distance of 230.75 feet,
around a"520.00 foot radius curve left 254.87 feet (chord bears North 150 54'
21" East, 257.32 feet);
North 010 51' 52" East a distance of 96.57 feet to the northerly boundary line
of said Southeast One -Quarter of the Northwest One -Quarter (SE1/4 NW1/4) of
said Section 23;
thence along said northerly boundary line North 890 54'22" East a distance of 30.02
feet to the centerline of said H.A. Johnson Road; thence along said centerline the
following three courses and three curves:
South 010 51' 52" West a distance of 97.59 feet;
around a 550.00 foot radius curve right 269.57 feet (chord bears South 150 54'
21 " West 266.88 feet);
South 29 56' 49" West a distance of 230.75 feet;
around a 1000.00 foot radius curve right 121.51 feet (chord bears South 330
25'400 West, 121.43 feet);
South 360 54' 32" West a distance of 530.72 feet,
around a 586.62 foot radius curve left 264.38 feet (chord bears South 230 59'
52" West, 262.14 feet) to said eastwest centerline of said Section 23;
thence along said east -west centerline North 890 55'02" West a distance of 30.53 feet
to the "Point of Beginning", the terminus of this description.
SUBJECT TO: All easements, restrictions and rights-of-way of record and those common and
apparent on the land.
44U - 2332
Exhibit "B-3" 0156-2101
Crown Pacific Right -of -Way Dedication (17-11-23 TL 1900)
H.A. JOHNSON ROAD
CROWN PACIFIC SOUTH PORTION
PROPERTY DESCRIPTION
A parcel of land containing 1.897 Acres, more or less, located in a portion of the Northeast
One -Quarter of the Southwest One -Quarter and a portion of the Southeast One -Quarter of
the Southwest One -Quarter (NE1/4 SWI/4 & SE1/4 SW1/4) of Section 23, Township 17 South,
Range 11 East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at the intersection of the east -west centerline of said. Section 23 and the
westerly right-of-way line of H.A. Johnson Road which bears South 890 55' 02" East
a distance of 188.65 feet from a 5/8" iron rod with a plastic cap stamped "OMAN"
marking the Center -West One -Sixteenth Corner of said Section 23; thence continuing
along. said east -west centerline South 890 5502N East a distance of 61.13 feet to the
easterly right-of-way line of said H.A. Johnson Road; thence along said easterly right-
of-way line the following one curve and one course:
around a 556.62 foot radius curve left 105.39 feet (chord begrs South 060 15'
50" West, 105.23 feet) to a point of curvature which bears North 850 26' 26"
East a distance of 0.54 feet from a 5/8" Iron rod with a plastic cap stamped
"OMe N.
South 000 50' 24" West a distance of 1272.31 feet to a 5/8" iron rod with a
Plastic cap stamped "OMAN" marking the easterly terminus of Shevlin Park
Road;
thence along said terminus of said Shevlin Park Road North 890 09' 36" West a
distance of 60.00 feet to a 5/8" iron rod with a plastic cap stamped "OMAN" marking
the westerly terminus of said Shevlin Park Road on the westerly right-of-way line of
A.H. Johnson Road; thence along said westerly right-of-way line the following one
course and one curve:
North 000 50' 24" East a distance of 1272.31 feet to a 5/8" iron rod with a
plastic cap stamped "OMAN";
around a 616.62 foot radius curve right 104.45 feet (chord bears North 050 41'
34" East, 104.32 feet) to the "Point of Beginning", the terminus of this
description.
SUBJECT TO: All easements, restrictions and rights -of way of record and those common and
apparent on the land.
44U 2833
0156-`102
STATE OF OREGON )
COUNTY OF DESCHUTES ) SS.
I, 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:
97 MAR 1 b, AM 8.40
{� 0 ( tt
.
} _. hf iil. L4.. f.
COUNTY CLERK
f
BY. DEPUTY
NO. 9 ).A.
FEE x�
DESCHUTES COUNTY OFFICIAL RECORDS