1997-37465-Resolution No. 97-130 Recorded 10/8/19979'7-374f�, 0163"'061! REVIEWED BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES T=NTROPIE50N A R 1 t' I 't' t' th V f f II f th 30 f t 'd LEGAL COUNSEL esu u ion ni is ing a aca ion o a e o oo -wi e parcel dedicated to the public for road and utility purposes located in Section 16, Township 17 So Willamette Meridian by deed in Volume Deschutes County Official Records in Deschutes County, Oregon, Describing the Property Proposed the Reasons for the Vacation, and requesting Engineer file a Report. South, Range 12 East, v 255 at Page 1673 ofCD to be Vacated, __4M CO that the County rn rn -- 7:r, C) RESOLUTION NO. 97-130 CD 00 ct3 C:), C'7 t W WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for vacation of a public road known as all of the 30 foot -wide parcel dedicated to the public for road and utility purposes located in Section 16, Township 17 South, Range 12 East, Willamette Meridian located in Deschutes County, Oregon as recorded by deed in Volume 255 at Page 1673 of the official records of Deschutes County; 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 all of the 30 foot -wide parcel dedicated to the public for road and utility purposes located in Section 16, Township 17 South, Range 12 East, Willamette Meridian Deschutes County, Oregon as recorded by deed in Volume 255 at Page 1673 of the official records of Deschutes County and 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. AT T: Recording Secretary 1 - RESOLUTION NO. 97-130 BIRD OF COUNTY COISSIONERS DESCHU�COUNT , OREGON SQHLANOEN, CHAIR RO)'ERT L. NIPPER,"Cfi WMISSIONER . LINDA SWEARINGEN, COMMISSION�py CHEc MICROFILMEDOCT 1997 OCT 1.5 1997 : I PACIFIC01636"UO678 155 N.E. Revere Bend, Oregon 97701 EXHIBIT "A" LEGAL DESCRIPTIONS RIGHT-OF-WAY VACATION All that property being a portion of the northwest quarter of Section 16, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: That 30.00 foot -wide parcel dedicated to the public for road and utility purposes by deed in Volume 255 at Page 1673 (Instrument Number 90-38150) of Deschutes County Official Records. Excepting therefrom that portion of said parcel lying within the right-of-way of Cooley Road. Contains 16,105 square feet, more or less. REGISTERED PROFESSIONAL JANUARY 21, 1997 KENNETH A. FISHER 18110101Uct32197a (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services F9 0 JW1/4 SEC. 16 T.17S. R.12E. W.M. L- vo iz) DESCHUTES COUNTY No TH 1 = 0 d too zc o 400 SEE MAP 17 12 09C 1172.01 500 � CJ J 601 19.22 AC 4 �c PARCEL 3 316.83, ROAD 148.97 202 22 203 3.95 AC 2.82 AC 19OAD l'i1G Y7—oF— Y ur7 y TO j3 yi+c�T�a 301 495.80 R'ls 00 1-17 7.8 200 296.46 11236.46_ r 60-;248.70 259.70 NI Na I / I mil 22 1� 286.81 I II 137.71 �, ' too1J 7.205 293.3 22 / 101 710 ti!7 100 0 24 10OA1 \ !00 � 1jo oF' m ti 0.4, i 23 .� 3Q4. s6�' 00 S0Is 709 2.57 ACS' �> PARCEL • 1 s (� h 707 0 53.76 2.48 AC 200.00of VQ Ar \� At. 204.6 v _ 701 0 3.87 AC 1� 37.7544 ~� �9 38.38 `2 08-2.00 8-2•00 a so � So 24 �S 708 7 60 AGS �� .. �JTEs c0 TO: Board of Commissioners 0163-0080 Department of Public Works MEMORANDUM 61 150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 FROM: Dick Johnson, Management Analyst DATE: September 17, 1997 SUBJECT: Vacation of a 30 foot right-of-way south of Cooley Road and opposite to Hunnell Road. This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public right-of-way. Background: Deschutes County received a petition (attached as "Exhibit 1") from Sally B. Brown and Ann C. Maroe requesting the vacation of a public road right-of-way. The requested vacation is for a 30 foot right-of-way south of Cooley Road and opposite to Hunnell Road. A map showing the location of the approximately 16,105 square foot right-of-way to be vacated is attached. (See "Exhibit 2") The petitioners, Sally B. Brown and Ann C. Maroe own the abutting property adjoining the proposed road right-of-way. The petitioners are requesting this vacation because the road right- of-way is not needed for public access and would interfere with the development of this property as a shopping center to be known as the High Desert Village. Discussion: The proposed vacation lies within the northwest corner of Section 16, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County. The petitioner's properties is made up of two tax lots, 202 and 300 on Assessor's Map 17-12-16. The vacation of this right-of-way will allow the consolidation of the two properties owned by the petitioner's and other nearby properties into a single large tract of land to be used for a large planned shopping center. The petitioners own two of the three properties abutting the right-of-way proposed for vacation. The third land parcel abutting the right-of-way is located to the south, tax lot 600, does not use this 30 foot wide right-of-way for access as it has frontage and legal access on Highway 97 to the east. From evidence on the ground, there appear to be no utilities with the public right-of-way proposed for vacation. Quality Services Performed with Pride 0163-0681 The Road Department mailed preliminary notices of the proposed vacation to be affected utilities and agencies. Their responses are as follows: Avion Water Company: No response. Bend Cable Communications: No response. Cascade Natural Gas: No response. Central Electric Coop: No response. City of Bend: No response. C.O. I. Irrigation District: No response. Pacific Gas Transmission Company: No response. Pacific Power and Light: No response. U.S. West Communications: No response. Bend Fire Department: No response. Deschutes County Department of Community Development: Community Development responded on September 17, 1997: "Deschutes County Planning Division has no opposition to this proposal. The existing right-of-way is located on a site where new commercial development has been approved. (County File No. SP -96-58) The Bend Urban Area Transportation Plan has a new location for Hunnell Road south of Cooley Road. This right-of-way is no longer needed. Please direct any questions to Damian Syrnyk 385-1709. 9/17/97." Deschutes County Legal Department: No response. Deschutes County Community Development Department: Jim Bonnarens responded on September 8, 1997: "Deschutes County does not own any properties that would be affected by this vacation. Thank you." Findings: Based on preliminary responses, and the Department's research of the proposed vacation, the County Road Department makes the following findings: 1. The right-of-way proposed for vacation was dedicated to the public for road and utility purposes by deed in Volume 255 at page 1673 (Instrument Number 90-38150) of Deschutes County Official Records. 2. It appears that the vacation process is adequate and that a land use process is not necessary to effect the vacation of this dedicated right-of-way. The vacation process requires adequate findings, notice and a hearing per ORS Chapter 368. Furthermore, ORS Chapters 92 and 368 both seem to anticipate that the vacation process will be used to change the configuration of platted property. Ui63--G82 3. This 30 foot wide road right-of-way does not have a name and is not developed as a passable identifiable road on the ground. 4. Surrounding zoning: The petitioner's property is zoned CH Highway Commercial as is the property to the south. The property to the north, on the north side of Cooley Road UAR10, Urban Area Reserve. 5. The vacation of the right-of-way requested by the petitioner will not leave any parcel (tax lot parcel) without legal frontage of access to a public road. 6. There do no appear to be any utilities lying within the proposed vacation and in fact no response has been received from any utility about this proposed vacation. 7. This right-of-way does not provide access to any land parcels other than the abutting properties. 8. 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 the bulb of a cul-de-sac, then the minimum frontage shall be thirty feet." The proposed vacation does not leave any parcel that would not have a minimum frontage of at least fifty feet. Tax lots 202 and 300 have long frontages on Cooley Road while tax lot 600 has a long frontage on Highway 97. 9. 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. 10. The Bend Urban Area Transportation Plan shows a new location for Hunnell Road south of Cooley Road; thus this right-of-way is no longer needed. 11. This right-of-way is located on a site where a new commercial development has been approved. (County File No. SP -96-58) Recommendation: If following the public hearing, the Board approves the vacation, the Engineer recommends the following conditions: 1. No reservation for utility easements shall be retained upon this parcel for any utility facilities. 2. The vacated property shall vest with the abutting property owner in accordance with ORS 368.366. r, E=XI IBIT "I " U ®C683 PETITION FOR VACATION OF A PUBLIC ROAD TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS We, the undersigned (holding recorded interest or abutting the proposed property or owning improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. Description of road to be vacated: 30.00 FOOT WIDE RIGHT-OF-WAY SOUTH OF COOLEY ROAD AND OPPOSITE HUNNELL ROAD; ROAD WAS DEDICATED PER INSTRUMENT 90-38150 OF DESCHUTES COUNTY•OFPICIAL RECORDS. Located in NW I!4 , S16, T 17S , R 12E Deschutes County. I Reason for road vacation rquest: SEE ATTACHED SHEETS DATED this day of NAME ADDRESS SALLY BROWN - ��.c� _PDX AEND.QR 97708 ANN MAROE EUGENE MAYEA STATE OF OREGON ) } ss. County of s ) 21655 COYOTE, BEND, OR 97701 P.O. BOX 63,2 PAHRUMP, NV 89041 On this l .. day of in the 19 before me, a N appeared y"' 2Z� Notary Public, personally personally known to me (or proved to me on the basis of alttsf dwy evidence) to be the person(s) whose rwne(s) is(are) subscribed to this Instrument, and acknowledged that e. executed it WITN y ha rid official eal OFFICIAL SEAL N PEGGY SPrENCER CoRlRltssiot! e NOTARY PUBLIC -OREGON Wwes: COMMISSION NO. 028476 MY COMMISSION EXPIRES OCT. 3, 1991 ,. , ...' Page 1 of 2 n. i '! n - 1 r__ T 1. _ 1 1 Ill 1 11 1 1 tir . ('1 T 1 r i T T A 1-1 STATE OF OREGON ) ss. County of ) 010°0`84 On this day of , in the year 19 , before me. a Notary Public, personalty appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: STATE OF OREGON ) ss. County of ) On this day of , in the year 19_, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be tate person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires. STATE OF OREGON ) County ofss } On this day of , in the year 19 , before me, a Notary Public, personally appeared personally known to me (or proved to rite on the basis of satisfactory evidence) to be the person(s) whose names) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it WITNESS my hand and official seat Notary Public for Oregon. My Commission expires: 1 CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE ■ w � ADDRESS TELEPHONE: PageAof 2 ... 1 1....-. ...ter,. — 11 — I —'' ' r r T YM 1 u 1 STATE OF OREGON counter of , ss. 016.66685 On tris day of . in the year 18__, before me, a Notary Public, personally appeared personally known to me (or proved to me an the basis of satisfactory evicience) to be the peraon(s) whose name($) is(are) subsoibed to this instrument, and acknowledged that he (she, they)'exemAed it Wl7NESS my hand and cffidal seal Notary Public for Oregon. My Commission expires: STATE OF OREGON ) ss. County of ) On this day of . in the year 19 before me, a Notary Public, personally appeared persanafly known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is(are) subscribed to this insttvment, and acknowledged that he (she, they) executed it WITNESS my hand and cf c!al seal Notary Public for Oregon. My Commission expires: STATE OF OREGON ) County of On this 3.. day of JLdM in the year 19�, before me, a Notary Public, personalty aped 1 ma-pe=nafly known to me (kr proved to me on the basis cf sattsfacWry evidence) to be the persan(s) whose name(s) Ware) subscribed to this instrument, and acknowledged that he (she, they) executed it VWMESSpy d an official seal OFFICIAL SEAL N Public fir0regon. FMME SANS NOTARY PUBUCOREGON My Commission expires. COMMISSION NO. 036M MY COMMISSION EXPIRES JUNE 19, IM I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.. SIGNATURE 6s ADDRESS3'Q��©1Z `� 02 TELEPHONE:�l- Page 1 of 2 - - ` PETT IN FOR VACATION OP A PUBLIC ')AD `�- � 0163-0686 TO- THE DESCHUTES COUNTY BOARD OF COMMISSIONERS We, the undersigned (holciin4 recrded interest or abutting the proposed property or owning improvements constructed on the proposed property for vecation), respectfWly request the following desabed road be vacated. Oescfption of road to be vacated: 30.00 FOOT WIDE RIGHT-OF-WAY SOUTH OF COOLEY ROAD AND OPPOSITE HUNNELL ROAD] ROAD WAS DEDICATED PER INSTRUMENT 90-38150 OF DESCHUTES COUNTY•OFFICIAL RECORDS. Located in NW1/4,S16,T17S,R12E , Deschutes County. I Reason for road vacation request: Mrs. Maroe acknowledges the above referenced 30 foot right-of-way vacation. However, she does not acknowledg or agree with any specific alignment of Hunnel Road to or throug .her property. DATED this as day of JUG,, 'I933. NAME . ADDRESS SALLY BROWN ANN MAROE EUGENE MAYEA STATE OF OREGON ) ss. County of ) 21655 COYOTE, BEND, OR 97701 P.O. BOX 6q2 PAHRUMP, W 89041 On this day of , in the year 19—_, before me, a Notary Public. pemonally appeared pemonaffy known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it WITNESS my hand and official seal Notary Public for Oregcn. My Commission expires: Page 1 of 2 r K o �o s E U vtt c/9 7/ o/v or A 10' w ' ` EXHIBIT 112" NW1 4 SEC, 16 T.17S, R.12E. W.M. 016-8� DESCHUTES. COUNTY 1401KTH d t o o 2 -VO 300 40D ,.- SEE NAP 17 12 09C i 1172.01 600 1� CJ J 601 19.22 AC �C PARCEL 3 LI ROAD ° 31683 . —. 148.97 347.81 /47 1J 202 22 203 200 22 101 3.95 AC 2.82 AC / � 4 � R o AP "' d / 100 / .� �316h'7-17F- u'A i TO $,C 11 296.46 ��•~ 24 vA,64 T� 2598 70 .70 / ...II of "9I / 100A1 �i SII 22 286.81 31 137.71 J 495.80 645.00 a 504.56'00 S 23 .>\ t� 709 a Zc* 7 2.574 ' a t � � a c> PARCEL FffffffffgNffgffmgRmffff - `> 1 a r �b 161.37 a r 107 g 2.48 AC a 200.00 1�17 v 701 a� rO 3.87 AC a r r Q `) 37.75 r� kl- a 1241 8J 00 Is t 30 r SO ti 24 r S a r 708 a`bJ 2.60 Afaa �'l f� foo . _ r