1997-37460-Order No. 97-143 Recorded 10/8/199797-37460 0163-06541
REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
OIWN_ 44-GON
LEGAL COUNSEL
An Order accepting and approving the Engineer's Report
C:,
on the vacation of a portion of Hunnell Road located in
00
Sections 16, 20 and 21 in Township 17 South, Range 12 E.,
--4r
W.M., Deschutes County, Oregon, setting a date for a
public hearing, and providing for public notice of said hearing.
CD W
ORDER NO. 97-143
CO
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 97-131 dated on October 1, 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 Hunnell Road located in Sections 16, 20 and 21 in Township 17 South,
Range 12 E., W.M., Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, November 12, 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 ( day of iii AA4t, 2 1997.
AT T:
Recording Secretary
1 - ORDER NO. 97-143
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DA L. SWEARINGEN, COMMISSIONER
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EXHIBIT "A" 0163-0655
Department of Public Works
61150 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=0056
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."
'ndin
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.
0103-0657
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.
0.1.63-0658
EXHIBIT "A"
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.
EXHIBIT "B"
NORTH' ZINE + SE .16'
L17 :�tI3:.1.2...E�
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17
Future Hunnell Extension ( if
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BAL
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SOUTH LINE SEC.
20
T.17 S.,R.12 E.,W.M. !m :, {( �� �•
TERMINUS OF 1914
HUNNEL ROAD
0163-0559
HATCHED AREA = PORTION
OF 1914 W.X. HUNNELL ROAD
TO BE VACATED.
GRAPHIC SCALE
1320 0 660 1320
I inch = 1/4 MILE
LOCATED IN SECTIONS 16,20,& 21
T.17 S.,R.12 E.,W.M.
DESCHUTES COUNTY, OREGON
THE 1914 W.X• HUNNELLROA►D
PROPOSED VACATION OF A PORTION OF
HUTES COUNTY ROAD DEPARTMENT ISCALE, V-1/4 BQ►WN BY-M.BERRY
S.E..27TH STREET, BEND, DR. 97702 FILF,J,' _ _ ix _ a_ Y_ 1
DATEe
SHEET
1 OF
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SEC, 2 i
SOUTH LINE SEC.
20
T.17 S.,R.12 E.,W.M. !m :, {( �� �•
TERMINUS OF 1914
HUNNEL ROAD
0163-0559
HATCHED AREA = PORTION
OF 1914 W.X. HUNNELL ROAD
TO BE VACATED.
GRAPHIC SCALE
1320 0 660 1320
I inch = 1/4 MILE
LOCATED IN SECTIONS 16,20,& 21
T.17 S.,R.12 E.,W.M.
DESCHUTES COUNTY, OREGON
THE 1914 W.X• HUNNELLROA►D
PROPOSED VACATION OF A PORTION OF
HUTES COUNTY ROAD DEPARTMENT ISCALE, V-1/4 BQ►WN BY-M.BERRY
S.E..27TH STREET, BEND, DR. 97702 FILF,J,' _ _ ix _ a_ Y_ 1
DATEe
SHEET
1 OF
0103-0660
EXHIBIT "B"
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.
EXHIBIT "C" 0163-0661
CERTIFIED MAIL
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 NOVEMBER 12, 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 a
portion of Hunnell Road located in Sections 16, 20 and 21 in Township 17 South, Range 12 E.,
W.M. located in Deschutes County be vacated.
i[all I ZF
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 CO MISSIONERS
ESCHUTEOUNTY, REGON
�Q. �-
NANCY P PES HLANGEN, Chair
PUBLISHED: October 23, 1997 and November 2, 1997
POSTED: October 23, 1997
MAILED: October 13, 1997