1997-37459-Resolution No. 97-131 Recorded 10/8/199797-37459 ®163 D64 6
REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CDU
IYU)IRWON., r_
jGAL COUNSEL
A Resolution Initiating the Vacation of a portion of
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Hunnell Road located in Sections 16, 20 and 21 in
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Township 17 South, Range 12 E., W.M. in Deschutes
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County, Oregon, Describing the Property Proposed to
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be Vacated, the Reasons for the Vacation, and
requesting that the County Engineer file a Report.CD
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RESOLUTION NO. 97-131
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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 Hunnell Road located in Sections 16, 20 and 21 in
Township 17 South, Range 12 E., W.M. 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 Hunnell Road located in Sections 16, 20 and 21 in Township 17
South, Range 12 E., W.M. 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 this day of 1997.
B ARD OF COUNTY COMMISSIONERS
O DESCH TES COUNTY, OREGON
NANCY PE CHLANg N, CHAT
AT
Recording Secretary
NDA L.
1 - RESOLUTION NO. 97-131
L. NIP
INGEN, COMMISSIONEF
OCT 1
lA1C,WALMED
�JCT 15,1997
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EXHIBIT "A"
0163-064'7
Vacation of a Portion of the 1914 W.X. Hunnell Road
A portion of the 1914 W.X. Hunnell Road lying within Sections 16, 17,
20, and 21
T.17 S., R. 12 E., W.M., Deschutes County, Oregon and being more
particularly described as follows:
All of that portion of the 1914 W.X. Hunnell Road as
established July 2, 1914 in the Crook County
Commissioners Journal Book 5 Page 255, lying between
the north line of Section 16, T.17 S., R. 12 E., WM. and
the terminus of said alignment 33 links west of the corner
of sections 20-21-28-29 T.17 S., R. 12 E., W.M.
NORTH';LINE SEC. 16! 0163-0648
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HATCHED AREA = PORTION
Future Hunnell Extension L—•I-II
OF 1914 W.X. HUNNELL ROAD
TO BE VACATED.
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GRAPHIC SCALE
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LOCATED IN SECTIONS 16,20,& 21
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T.17 S.,R.12 E.,W.M.
DESCHUTES COUNTY, OREGON
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SOUTH LINE SEC.20
T.17 S.,R.12 E.,W.M.20
TERMINUS OF
HUNNEL ROAD
THE 1914 W.X. HUNNELLROAD
PROPOSED VACATION OF A PORTION OF
DESCHUTES COUNTY ROAD DEPARTMENT JSCALEo 1"-1/4 MWN BY, M.BERRYDATE-
1150 S.E. 27TH STREET, BEND, OR. 97702FI EErJI\..\PAM_SAV \W3 8-01\W a Y. WG
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0163-0649
Department of Public Works
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
TO: Board of Commissioners
MEMORANDUM
FROM: Dick Johnson, Management Analyst
DATE: September 23, 1997
SUBJECT: Vacation of a portion of the 1914 W.X. Hunnell Road lying within Sections 16, 17,
20 and 21 in T.17 S., R. 12 E., W.M., Deschutes County, Oregon.
Background:
Deschutes County initiated the vacation of this public road right-of-way originally created in
1914. The requested is for a portion of the 1914 W.X. Hunnell Road lying within Sections 16,
17, 20, and 21 in T. 17 S., R. 12 E., W.M., Deschutes County, Oregon. (See Exhibit "A"
attached as the legal description of the public road right-of-way to be vacated.) A map of the
public road right-of-way to be vacated is attached as Exhibit `B".
The County initiated this vacation for the purpose of eliminating any confusion about this old
right-of-way which does not actually exist on the ground for most of its length. In fact, many
property owners, such the owners of the properties proposed for the two shopping centers on the
west side of Highway 97 between Robal Lane and Cooley Road were not even aware of the
existence of this old right-of-way on their property.
Discussion:
The proposed vacation of the 1914 W.X. Hunnell Road does clean up a situation of having an old
road right-of-way that doesn't actually exist on the ground removed from maps and deeds. No
actual road was ever constructed or will ever be built on this 1914 right-of-way. The old 1914
W.X. Hunnell Road, although never built, does cross a number of modern actual roads and
streets in the northern part of present day Bend. In fact, the old right-of-way generally runs
parallel to and crosses back in forth over the modern-day Highway 97.
Utility lines cross the 1914 W.X. Hunnell Road right-of-way at a number of locations but are
provided for in established road right-of-ways or utility easements. Thus, the vacation of this old
public road right-of-way will not affect public utilities.
The Deschutes County Road Department mailed preliminary notices of the proposed vacation to
utilities and agencies that could possibly be affected by the vacation. Their responses are as
follows:
Quality Services Performed with Pride
0163-0650
Bend Cable Communications: No response.
Cascade Natural Gas: No response.
Central Electric Cooperative: No response:
City of Bend: Jack Wanichek responded on September 12, 1997 that the vacation was okay
with regards to City water and sewer.
C.O.I. Irrigation District: No response.
Pacific Gas Transmission Company: No response.
Pacific Power & Light: No response.
U.S. West Communications: No response.
Bend Fire Department: No response.
Deschutes County Department of Community Development: No response.
Deschutes County Legal Counsel: No Comment
Property Management Deschutes County: Jim Bonarens responded on September 11, 1997:
"Deschutes County does not have any real property that would be adversely affected by this
vacation. Thank you."
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 in 1914
as the 1914 W.X. Hunnell Road when Deschutes County was a part of Crook County.
2. This portion of 1914 W.X. Hunnell Road was never developed as a road and in fact later
roads, streets and highways have been dedicated and developed that cross over its right-of-way.
3. There do not appear to be any utilities lying within the proposed vacation and none of the
utility companies have responded to the vacation notice.
4. This right-of-way does not provide access to any parcels of land. Land parcels that it does
cross all have access to public roads.
5. The vacation of this old road right-of-way will remove a potential cloud over the deeds of all
the properties it crosses. The developers of the proposed shopping centers on Highway 97 south
of Cooley Road were not even aware that the right-of-way of W.X. Hunnell Road crossed their
property.
0163-0651
6. Per ORS 368.366, vacated property shall vest in the owner of the land abutting the vacated
property by the person's abutting properties to the center of the vacated.
Recommendation:
If, following the public hearing, the Board approved the vacation, the Engineer recommends the
following conditions:
1. No reservation for utility easements shall be retained upon this vacated right-of-way for
utility facilities.
2. The vacated property shall vest with the abutting property owner in accordance with ORS
368.366.
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EXHIBIT "A"
0
0163-GS52
Vacation of a Portion of the 1914 W.X. Hunnell Road
A portion of the 1914 W.X. Hunnell Road lying within Sections 16, 17,
20, and 21
T.17 S., R. 12 E., W.M., Deschutes County, Oregon and being more
particularly described as follows:
All of that portion of the 1914 W.X. Hunnell Road as
established July 2, 1914 in the Crook County
Commissioners Journal Book 5 Page 255, lying between
the north line of Section 16, T.17 S., R. 12 E., _WM. and
the terminus of said alignment 33 links west of the corner
of sections 20-21-28-29 T.17 S., R. 12 E., W.M.
0163-0653
HATCHED AREA = PORTION
OF 1914 W.X. HUNNELL ROAD
TO BE VACATED.
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GRAPHIC SCALE
1320 0 660 1320
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1 inch = 1/4 MILE
SEC. 20
.d SEC.
21
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LOCATED IN SECTIONS 16,20A 21
T.17 S.,R.12 E.Y.M.,
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DESCHUTES COUNTY, OREGON
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SOUTH LINE SEC.20
T.17 S.,R.12 E.,W.M.
TERMINUS OF 1914
HUNNEL ROAD
THE 1914 W.X. HUNNELLROAD
PROPOSED VACATION OF A PORTION OF
DESCHUTES COUNTY ROAD DEPARTMENT ISCALEi 1'-1/4 OMWN BYE M.BERRY I DATEi
1150 S.E. 27TH STREET, BEND, OR. 97702 FILEiJ,\,.\ AAM_SAV \W3%i-01\W'38SVY, WG
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