1997-29166-Order No. 97-121 Recorded 8/7/1997REVIEWED
BEFORE fHE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT-�(T
GON
97-29166 LEGAL COUNSEL
An Order accepting and approving the Engineer's Report
on the vacation of a portion of Hood Street located in Sisters,
Deschutes County, Oregon, setting a date for a public hearing,
and providing for public notice of said hearing.
0160V? -2069
ORDER NO. 97-121
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 97-110 dated on August 6, 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 a portion of Hood Street, Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, September 24, 1997, at 10:00 a. m. at Black Butte Ranch,
The Abbott Room, 13635 Hawks Beard, Black Butte Ranch, Oregon 97759, 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 368.4 1 to 368.426.
DATED this __�_ day of d A 1997. KEYr 0-IZJ
4 s�97
AT T:
1, A � LLI-d��
Recording Secretary
1 - ORDER NO. 97-121
••: •• •
7%,00 -
LLNDA L. SWEXftIftGtN, COMMISSIONER
ES
0 -2070
162
Department of Public Works
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
reffy
JUMIRUTI
TO: Board of County Commissioners
FROM: Dick Johnson, Management Analyst, Road Department
DATE: July 29, 1997
SUBJECT: Engineer's Report, Vacation of a portion of Hood Avenue (Formerly Hood Street)
public road right-of-way within the Urban Growth Boundary of Sisters.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public
road right-of-way.
Background:
Deschutes County reviewed a petition (attached as " Exhibit I") from Dorro Sokol, Alexander
Albertine, Bernadette Albertine, Jerry L. Taylor and Janet E. Taylor requesting the vacation of a
public road right -of way. The requested vacation is for a portion of Hood Avenue located on the
west side of Sisters west of Pine Street extending west to Oregon Highway 242. The legal
description of the proposed public right-of-way vacation is attached as "Exhibit 2". A map
showing the location, ownership, and zoning are attached as "Exhibit 3."
The petitioners, own the abutting property on both sides of the proposed road vacation. The
right-of-way for Hood Avenue was originally created under MP -80-103. (Note: We can find no
record of this right-of-way dedication ever being recorded, however, the petitioners want to go
through the vacation process to insure that there is no doubt that this originally intended right-of-
way was indeed vacated and does not exist in any manner.) The land use application is for a
partial replat of MP -80-103 and vacation of right-of-way for a portion of Hood Street. Mr. Steve
Ghehey has submitted a tentative plat, TP -97-876, New Sisters Village, see "Exhibit 3" which
places the west end of Hood Avenue into a new alignment in this area in conformance with a
plan amendment, PA -97-3 which has been approved by the City of Sisters City Council and the
Deschutes County Commissioners.
Discussion:
The proposed vacation lies within the Sisters Urban Growth Boundary and the recently approved
New Sisters Village Tentative Plat being proposed by Steve McGhehey. The property on both
sides of this short segment of right-of-way is owned by the applicants applying for the vacation.
The proposed vacation of this segment of Hood Avenue is bound by an existing segment of
Hood Avenue on the south and Highway 242 on the north.
Quality Services Performed with Pride
016094-2071
From evidence on the ground, there are no electrical power or telephone facilities located within
this portion of undeveloped public right-of-way. The County has not received any comments
' from any public utility regarding this proposed vacation. There is no sign that this right-of-way
has ever been used as a road. This right-of-way is not needed within the proposed New Sisters
Village Subdivision.
Hood Avenue was classified as an arterial and has just been classified as a collector under the
approval of the recently approved Plan Amendment (PA -97-3). This Plan Amendment also
revises the location of Hood Avenue which allows for the vacation of the segment of Hood
Avenue as requested by the partitioner.
Hood Avenue is classified as a collector which requires a right-of-way of 60 feet. However, the
right-of-way of Hood Avenue is 80 feet wide for the portion of Hood Avenue being vacated and
the new alignment of Hood Avenue traveling through the New Sisters Village Subdivision. The
right-of-way is being kept at 80 feet to allow for the location of a landscaped center median
within the street.
The Road Department 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 and Light: No response.
City of Sisters Planning Director: No response.
Deschutes County Department of Community Development: Heidi Kennedy responded:
Deschutes County Planning Division is in full support of this proposed vacation. Any questions
please call.
City of Sisters Fire Department: No response.
City of Sisters Water Department: No response.
Deschutes County Property Management: Jim Bonarens responded:
Property Management has no interest in the attached property. Thank you for your time.
County Legal Counsel: Bruce White responded:
County should consider making the vacation conditional on dedication of new realigned right-of-
way.
Findings:
Based on preliminary responses, and the staff's research of the proposed vacation, the Road
Department Staff makes the following findings:
1. The right-of-way of Hood Avenue proposed for vacation was dedicated to the public under
MP -80-103. The land use application is for a partial replat of MP -80-103 and vacation of right-
of-way for a portion of Hood Avenue. A new alignment of Hood Avenue, replacing the section
of street to be vacated, was created with the approval of TP -97-876.
0162-04072
2%, The new right-of-way of Hood Avenue created under TP -97-876 is in compliance with the
alignment of Hood Avenue shown in the recently adopted plan amendment, PA -97-3, which has
been approved by the City of Sisters City Council and the Deschutes County Commissioners.
3. Hood Avenue is classified as an urban collector by the Sisters Transportation Plan and the
vacation of a portion of its right-of-way and realignment of it allows this collector to function as
it is classified.
4. Land adjoining the section of Hood Avenue proposed for vacation is zoned CG Commercial
General and won't change due to the act of vacation.
5. No above ground or under ground utilities appear to be located within the proposed vacation.
6. This right-of-way does not provide access to any parcels other than the abutting properties.
7. 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 of the bulb of a cul-de-sac, then the minimum frontage
shall be thirty feet." The proposed vacation and realignment of Hood Avenue will not leave any
parcel which fails to meet this frontage requirement.
8. Per ORS 368.366, vacated property shall vest in 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 Road Department Director recommends that the vacation of a segment of Hood
Avenue on the west side of Sisters west of Pine Street extending west to Oregon Highway 242 be
vacated. It is recommended that notice of the public hearing required under ORS 368.346 be
mailed the the owners of parcels abutting Hood Avenue.
It is the staff'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 be on the tax rolls.
It is also the staff's assessment that the proposed vacation does not affect any utilities and is not
needed for any future utility facilities. Future utilities can be located within the new alignment of
Hood Avenue. The staff recommends that the right-of-way be vacated without a reservation for
utility easements.
The vacated property shall vest in accordance with ORS 368.366.
Please see "Exhibit 4" which was received from the petitioners' attorney on August 4, 1997 after
the Engineer's Report was submitted to the Board of County Commissioners for review.
"Exhibit 4" notes that the new owners of tax lot 708 are Alva and Sharon Anderson and that the
new road alignment for Hood Avenue was approved under PA -97-3. "Exhibit 4" also notes that
the right-of-way for Hood Avenue is owned by Pine Meadow Ranch, Inc.
EXHIBIT 111"
Pine Meadow Ranch, Inc. 0162-20"13
PO Box 969
Sisters, Oregon 97759
Alexander and Bernadette Albertine
1700 6th Street
Columbia City, Oregon 97018
Jerry L. and Janet E. Taylor
18615 Pinehurst Road
Bend, Oregon 97701
All of the above owners approve of the requested vacation, as evidenced by their signature of the
petition requesting that the land be vacated and their signature of letters to the Deschutes County
Planning Division requesting that the right-of-way be vacated and awarded to the lots shown on
subdivision tentative plan that include the right-of-way or to Pine Meadow Ranch, Inc. if the
subdivision application is not approved at the time that the vacation petition is approved. Copies
of the letters to the Deschutes County Planning Division are attached to this document in support
of the petition for vacation.
(f) Signatures, acknowledged by a person authorized to take acknowledgments of
deeds, of either owners of 60 percent of the land abutting the property proposed to be
vacated or 60 percent of the owners of land abutting the property proposed to be vacated;
and
The signatures of 100 percent of the owners of abutting land have signed the petition. An
acknowledgment of each signature was attached to the petition.
(g) If the petition is for vacation of property that will be redivided in any manner, a
subdivision plan or partitioning plan showing the proposed redivision.
The Applicant has submitted a copy of the proposed subdivision to demonstrate how the property
will be redivided.
Page 2 of 2 -- Vacation Information
PINE MEADOW RANCH, INC.
PO BOX 969
SISTERS, OREGON 97759
June j_q, 1996
DESCHUTES COUNTY PLANNING DIVISION
COMMUNITY DEVELOPMENT DEPARTMENT
1130 NW HARRIMAN
BEND, OREGON 97701
0162-2074
Re: Application to Replat MP -80-103 and Vacate Undedicated Portion of Hood Street
Created by MP -80-103
Pine Meadow Ranch, Inc. is the legal owner of Tax Lots 700, 701, 702, 705 and 706, Deschutes
County Tax Assessor's Map 15-10-8. I, Dorro C. Sokol, President of Pine Meadow Ranch, Inc.
hereby authorize Steve McGhehey and PMR Dev Co L.L.C. to sign the above referenced
applications on behalf of Pine Meadow Ranch, Inc. and to file said applications with Deschutes
County.
I further request that the portion of the undedicated right-of-way for Hood Street created by MP -
80 -103, known as Tax Lot 700, Deschutes County Tax Assessor's Map 15-10-8 and not included
within the right-of-way shown on the proposed replat, be vacated concurrently with the requested
replat so that ownership of the vacated portion will accrue to the owner of the newly created lots
that are platted over the vacated right-of-way. In the event that the vacation is approved prior to
approval of the subdivision application, I request that the property be granted; in its entirety, to
Pine Meadow Ranch, Inc. or its successors or assigns.
Sincerely,
Q"YNR a e Q --112L . 2S
Dorro C. Sokol, President
sApmesignatur.hr
JERRY L. AND JANET E. TAYLOR
18615 PINEHURST ROAD
BEND, OR 97701
DESCHUTES COUNTY PLANNING DIVISION
COMMUNITY DEVELOPMENT DEPARTMENT
1130 NW HARRIMAN
BEND, OREGON 97701
V-
0162-2013
Re: Application to Replat MP -80-103 and Vacate Undedicated Portion of Hood Street
Created by MP -80-103
We, Jerry L. and Janet E. Taylor, are the legal owners of Tax Lot 708, Deschutes County Tax
Assessor's Map 15-10-8. We hereby authorize Steve McGhehey and PMR Dev Co L.L.C. to
sign the above referenced applications on its behalf and to file said applications with Deschutes
County.
We further request that the entire undedicated right-of-way for Hood Street created by MP -80-
103, known as Tax Lot 700, Deschutes County Tax Assessor's Map 15-10-8 and not included
within the right-of-way shown on the proposed replat, be vacated concurrently with the requested
replat so that ownership of the vacated portion will accrue to the owner of the newly created lots
that are platted over the vacated right-of-way. In the event that the vacation is approved prior to
approval of the subdivision application, we request that the property be granted, in its entirety, to
Pine Meadow Ranch, Inc., its successors and assigns.
ane E.Taylor
s:pmAstg►atur.irr
4!� -i 7-
Date
,/ 1�7, q�
Date
0162-2076
ALEXANDER AND BERNADETTE ALBERTINE
1700 6TH STREET
COLUMBIA CITY, OR 97018
DESCHUTES COUNTY PLANNING DIVISION
COMMUNITY DEVELOPMENT DEPARTMENT
1130 NW HARRIMAN
BEND, OREGON 97701
re: Application to Replat MP -80-103 and Vacate Undedicated Portion of Hood Street
Created by MP -80-103
We, Alexander Albertine and Bernadette Albertine, are the legal owners of Tax Lots 703 and
704, Deschutes County Tax Assessor's Map 15-10-8. We hereby authorize Steve McGhehey and
PMR Dev Co L.L.C. to sign the above referenced applications on its behalf and to file said
applications with Deschutes County.
We further request that the entire undedicated right-of-way for Hood Street created by MP -80-
103, known as Tax Lot 700, Deschutes County Tax Assessor's Map 15-10-8 and not included
within the right-of-way shown on the proposed replat, be vacated concurrently with the requested
replat so that ownership of the vacated portion will accrue to the owner of the newly created lots
that are platted over the vacated right-of-way. In the event that the vacation is approved prior to
approval of the subdivision application, we request that the property be granted, in its entirety, to
Pine Meadow Ranch, Inc., its successors and assigns.
Sincerely,
Alexander Albertine Date
Bernadette Albertine Date
s:\pnuWpatm.1tr
C 6?�F 0 4
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated.
Description of road to be vacated: ?1 -portion of the nla ted but
undedicated Hood Street Tocated between Pine Street,,and Highway 242
described on the attached Exhibit
Located in the Sisters Urban area Deschutes' County_
GATED this day of 19 96
NAME
Dorro Sokol, President
Pine Meadow Ranrh� In,.
/ s/
Alexander Albertine
/s/
Bernadette Albertine
/s/
Jerr L. - ayl'or
anet]E. Taylor
ADDRESS
�® _ O
R 97759
Map 15-10-8
Tax Lots 700, -7 9 7-
1700 6th Street,.Columbia City, OR
P_4an 15-10-8 Tax
Lots 703 & 704
1700 6th St. Columbia City, OR 9701
-_�A 1S-lid-S� Tax Tnt� '7n'� 7nd
18615 Pinehurst Rd., Bend, OR 97701
MA 15-10-R --Tax Tnf7nR
18615 Pinehurst Rd., Bend, OR 97701
Mazy 15-10-8 '"ax Lo 70
I certify that this is the true and original petition circulated by me.
SIGNATURE
ADDRESS
1tLtNHONE
FORM: DPW - VAC 2 EAS, 11 ('F 3
01621-2,0178
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMM SSIONERS
We, the undersigned, respectfully request the following described
road be vacated.
Descri Ption of road to be vacated: 71 nort i on of the ^la ted but
undedicated Hood Street 106ated between Pine Street a d Hi hway 242
described on the attached Exhibit I
Located in the Sisters Urban area Deschutes County.
DATED this day of 19 97
NAME
Dorro Sokol, President
Pi p w
/s/��.,
Alexander Albertine
Bernadette Albertine
/S/
Jerry L. •Tayl'or
/s/
Janet E. Taylor
ADDRESS
PO Box 969, SiatarG' nR 977G�
flap 15-10-8
Tax Lots 700, 701 70 705, 7n6
1700 6th Street, Columbia City, OR
Man 15-10-8 Tax Lo G 703 & 71)4
1700 6th St. Columbia City, OR 970
MaJ2 1 —lei �� Tax Tntc 703 c 2nd
18615 Pinehurst _Rd., Bend, OP, 9770_
113 1 S-1 n-R� Tax rnt-7nR
18615 Pinehurst Rd., Bend, OR 97701
Man 15-10-8 Tax Lo TO
I certify that this is the true and original petition circulated by me.
SIGNATURE
AOORESS
ItLEPHONE
FORM: DPW - VAC 2
State of Oregon ) ss.
County of Deschutes )
This instrument, entitled Petition for Vacation of a
June 24 1996 by Alexander Albertine.
OFFICIAL SEAL My
CABIN E. HU,50RRANDT
P4 NARY PU�WU*AEGON
COMMISsION N0.'23550
s PAY COMMISSION EXPIRES APRIL 7, 1907
-- --- -- tea,
State of Oregon ) ss.
County of Deschutes )
0162-2019
Road, was acknowledged before me on
')tate of Orgon
expires: 4' 77q- W
This instrument, entitled Petition for Vacation of a Public Road, was acknowledged before me on
June, 1996 by Bernadette Albertine.
NAA -
No , State of Oregon
My co issio expires-T20
xpires: T2
pmrlacknow.doc
OFFICIAL SEAL
CABIN E. Hi G"L+6,ANDT
NOTARY PUCLE-WEGON
COMMISSION NO. 023559
? PAY COMMISSION EXPIRES APRIL 7, 1997
Page 2 - Signatures Acknowledgement
0162-2080
ACKNOWLEDGMENT OF SIGNATURES ON PETITION
FOR VACATION OF A PORTION OF HOOD STREET
LOCATED WITHIN SISTERS URBAN AREA
State of Oregon ) ss.
County of Deschutes )
This instrument, entitled Petition for Vacation of a Public Road, was acknowledged before me on
June_L46 1996 by Dorro C. Sokol as President of Pine Meadow Ranch, Inc.
OFFICIALSEAL
TAMIE A YAROSEVICH
NOTARY PUBLIC-OREQON
COMMISSION NO, 042Eow"Y"21, 10
0jg
State of Oregon ) ss.
County of Deschutes )
I'M
This instrument, entitled Petition for Vacation of a Public Road, was acknowledged before me on
June /:&4 , 1996 by Jerry L. Taylor.
OFFICIAL SEAL
TAMIE A YAROSEVICH
NOTARY PUBLIC -OREGON
COMMISSION NO. 042532
*Qxnm1sft E0w MARCH 21,1999
State of Oregon ) ss.
County of Deschutes )
Notary Public -'Stgqof Oregon
My commission a ires: b rel, nu
This instrument, entitled Petition for Vacation of a Public Road, was acknowledged before me on
June 1ltb,, 1996 by Janet E. Taylor.
Cst`I=ICTAL SEAL,
TAMIE A YAROSEVICH
NOTARY PUBLIC -OREGON
COMMISSION NO.042532
1N G>f1Y1118 W E>pkW MARCH 21,1998
Page 1 - Signatures Acknowledgement
Notary Public-- Sta f Oregon
My commission exp es: 117mcA dl /, ?9
0162-2081
EXHIBIT "2"
LEGAL DESCRIPTION FOR THE
VACATION OF A PORTION OF HOOD AVENUE
(FORMERLY HOOD STREET)
The vacation of right-of-way across a parcel of land situated in the Northeast
Quarter of the Northeast Quarter of Section 8, Township 15 South, Range 10
East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at a 5/8" iron rod on the south right-of-way of the McKenzie Highway,
which bears S 000 06'42" E, 30.00 feet and S 890 53' 18" W, 905.42 feet from
the northeast corner of said Section 8; thence S 420 10' 55" W, 50.50 feet to a
5/8" iron rod; thence along the arc of a 778.51 foot radius curve to the left (chord
bears S 680 57' 47" E, 561.76 feet), 574.72 feet to an iron rod on the north right-
of-way of Hood Street; thence S 890 53' 18" W, 361.89 feet; thence along the arc
of a 858.51 foot curve to the right (chord bears N 520 04' 08" W, 389.50 feet),
392.92 feet to a 5/8" iron rod on the south right-of-way of the McKenzie Highway;
thence N 890 53' 18" E, 178.70 feet to the Point of Beginning.
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EXHIBIT 114"
LIZ RANCHER, ATTORNEY RECEMED
25 NW Minnesota Avenue, Suite 5
Bend, Oregon 97701 AUG 9 4 097
541-385-3067
Fax: 541-385-3076 DESCHUTES CO
IROAD DEPT
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: 541-388-2719
To: DICK JOHNSON
Of. DESCHUTES COUNTY ROAD DEPARTMENT
From: Liz Fancher
Client/Matter: Vacation of Hood Avenue - Agenda Request
Date: August 1, 1997
June 29, 1997 Letter to Dick Johnson from Liz Fancher I 1
Petition for Vacation - consent by Alva & Sharon Anderson 1 1
COMMENTS: Enclosed is a copy of the signature page of the consent to annexation for Hood
Avenue signed by Alva and Sharon Anderson, the new owners of Tax Lot 708. I mailed this
information to your office at the end of June, 1997 so the original should be found in your files.
Please include this information with the vacation materials which will be considered by the
Board on August 6, 1997.
Thank you for sending me a copy of the paperwork regarding the vacation application that will
be sent to the Board of Commissioners. Would you please advise the Board of the following
1. The Andersons are now the owner of Tax Lot 708 (rather than the Taylors) and
have consented to the vacation.
2. Findings #1 and 2 of your July 29, 1997 memorandum mention that the new
alignment of Hood Avenue was created with the approval of TP -97-876. The
subdivision is, however, still pending and has not yet created the new right-of-
way. The gist of your finding is, however, correct but the realignment was
approved in PA -97-3, the plan amendment which revised the comprehensive
* NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US
IMMEDIATELY AT 541-385-3067.
0-16 21; -20, 8 4
plan map and transportation element of the Sisters urban area comprehensive
plan. This action was implemented by the Board on June 25, 1997 by adoption
of Ordinance No. 97-042 and 97-043.
3. The right-of-way for Hood Avenue is owned by Pine Meadow Ranch, Inc. The
effect of the vacation should be to leave that property in the ownership of the
ranch, as requested by the abutting owners. ORS 368.366 provides as follows:
(1) When a county governing body vacates public property under
ORS 368.326 to 368.366, the vacated property shall vest as follows:
(a) If the county holds title to the property in fee, the property shall
vest in the county.
(b) If the property vacated is a public square the property shall vest
in the county.
(c) Unless otherwise described in paragraph (a) or (b) of this
subsection, the vacated property shall vest in the rightful owner holding
title according to law.
(d) Except as otherwise provided in this subsection, the vacated
property shall vest in 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.
Finding #8 which says that ORS 368.366 requires that the vacated property shall
vest in the owner of the abutting land is not correct in this case. This is because
ORS 368.366 allocates land to abutting owners only if land does not vest in the
"rightful owner holding title according to law" or the county.
In discussions with Bruce White and Tom Blust, it was agreed that the no
decision would be made by the County about the vesting of ownership. This
agreement was reached because Bruce White did not wish to have the County
get involved in determining the proper ownership of property. This approach is
acceptable to my client and the property owners.
I believe that if the County awards the property to adjoining property owners
that it will be making an improper determination and award of ownership of the
Hood Avenue right-of-way area and, therefore, request that the County not take
such an action. I will gladly furnish the County with a copy of a title report
which show ownership being vested in Pine Meadow Ranch, Inc. The
Albertines, Taylors and Andersons have no legal claim to this property.
Further, the request for vacation includes a request that the property be granted
to Pine Meadow Ranch, Inc.
01620-400085
Thank you for your help with this matter. Please call me if you need additional information from
my office regarding the vacation application or wish to discuss this matter over the telephone.
Please add these comments to the record of the vacation matter.
Original will follow by US Mail.
Cc: Bruce White, County Counsel's Office
016,9-4-2086
LIZ FANCHER, ATTORNEY
June 29, 1997
DICK JOHNSON
DESCHUTES COUNTY ROAD DEPARTMENT
61 150 SE 27TH STREET
BEND, OREGON 97702
Re: Vacation of Hood Avenue (formerly Hood Street)
Enclosed is a copy of a consent to vacation from Alva and Sharon Anderson. On Friday, June 27,
1997, the Andersons purchased Tax Lot 708 from Jerry and Janet Taylor. If you need additional
signatures or the form of the vacation petition is not correct, please advise me of that fact at
your earliest convenience. I will be out of the office from July 1 through July I It" so letters
would be the best form of communication.
Please proceed to process the vacation petition and provide me with copies of all notices and
documents you generate regarding this process. Thank you for your anticipated cooperation.
Sincerely,
Liz Fancher
enc.
Cc: S. McGhehey
D. Sokol
25 NW Minnesota Avenue, Suite 5
Bend, Oregon 97701
541-385-3067
Fax: 541-385-3076
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described road be vacated.
Description of road to be vacated: A portion of the platted but undedicated Hood Street
(now Hood Avenue) located between Pine Street and Highway 242 described on the attached
Exhibit 1).
Located in the Sisters urban area, Deschutes County, Oregon.
DATED this "1 A41 day of , 1997.
NAME
Alva W. Anderson
Sharon E. Anderson
State of Oregon
County of Deschutes
ss.
ADDRESS
PO Box 1827
Sisters, Oregon 97759
PO Box 1827
Sisters, Oregon 97759
This instrument, entitled Petition for Vacation of a Public Road, was acknowledged before me on
J Vw- 2 , 1997 by Alva W. Anderson.
OFFICIAL L%^
DANA A KINTZ /
NOTARY IJ REQON NOTARY PUBLIC for the State of
COMMISSSIONN NO. N0.059783 Oregon
MY COMMISSION EXPIRES NOV, 99, 2006 My commission expires: I(- z8 - o 0
State of Oregon
County of Deschutes
ss.
This instrument, entitled Petition for Vacation of a Public Road, was acknowledged before me on
.. :j 21 "" , 1997 by Sharon E. Anderson.
OFFI7AK
EAL NOT Y PUBLIC for the State Oregon
0 COMMISSION NO. DANTZNOTARY POREQON My commission expires: /l 2 - o
MY COMMISSION EXPIV. 28, 2000
LIZ PANCHER, ATTORNEY
25 NW Minnesota Avenue, Suite 5
Bend, Oregon 97701
541-385-3067
Fax: 541-385-3076
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: 541-383-0496
To: BRUCE WHITE
Of. DESCHUTES COUNTY LEGAL COUNSEL
From: Liz Fancher
Client/Matter: VACATION OF HOOD AVENUE
Date: August 1, 1997
Copy of fax and attachments sent to Dick Johnson re 5
Vacation of Hood Avenue
COMMENTS: Please include this information in the record of the vacation application. Please
advise if my understanding of your position is not accurate. I believe that ORS 368.366 operates,
on its own, to grant the property to Pine Meadow Ranch, Inc. and that no finding regarding the
effect of the vacation is required in the order of vacation. Please let me know if you disagree
with this analysis. Thank you for your continued cooperation in addressing this matter.
Original will follow by US Mail.
* NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US
IMMEDIATELY AT 541-385-3067.
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EXHIBIT "B"-��
LEGAL DESCRIPTION FOR THE
VACATION OF A PORTION OF HOOD AVENUE
(FORMERLY HOOD STREET)
The vacation of right-of-way across a parcel of land situated in the Northeast
Quarter of the Northeast Quarter of Section 8, Township 15 South, Range 10
East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at a 5/8" iron rod on the south right-of-way of the McKenzie Highway,
which bears S 000 06'42" E, 30.00 feet and S 890 53' 18" W, 905.42 feet from
the northeast corner of said Section 8; thence S 420 10' 55" W, 50.50 feet to a
5/8" iron rod; thence along the arc of a 778.51 foot radius curve to the left (chord
bears S 680 57' 47" E, 561.76 feet), 574.72 feet to an iron rod on the north right-
of-way of Hood Street; thence S 890 53' 18" W, 361.89 feet; thence along the arc
of a 858.51 foot curve to the right (chord bears N 520 04' 08" W, 389.50 feet),
392.92 feet to a 5/8" iron rod on the south right-of-way of the McKenzie Highway;
thence N 890 53' 18" E, 178.70 feet to the Point of Beginning.
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EXHIBIT "C"
CERTIFIED MAIL
�F"''9
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 SEPTEMBER 24, 1997, AT 10:00 A.M. AT BLACK BUTTE
RANCH, ABBOTT ROOM, 13635 HAWKS BEARD, BLACK BUTTE RANCH, 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 a
portion of Hood Street 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.
OARD OF COUNTY COMMISSIONERS
ESCHUT COUNTY, OREGON
NANCY' OP SCHLANGEN, Ch
PUBLISHED: September 4,1997 and September 14, 1997
POSTED: September 4, 1997
MAILED: August 25, 1997