1997-37466-Order No. 97-135 Recorded 10/8/199797-3'7466 0153-Cir'88 REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C DUNTY,
An Order acce tin and a rovin the En ineer's Re ort LEGAL COUNSEL
V 9 pp 9 g p
on the vacation of all of the 30 foot -wide parcel dedicated to
the public for road and utility purposes located in Section 1.6,
Township 17 South, Range 12 East, Willamette Meridian as
recorded by deed in Volume 255 at Page 1673 of the
official records of Deschutes County Deschutes County,
Oregon, setting a date for a public hearing, and providing
for public notice of said hearing.
ORDER NO. 97-135
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WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the vacation
by Resolution Number 97-130 dated on September 24, 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 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 Exhibit "A",
attached hereto and by this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, November 5, 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 1997.
A T:
Recording Secretary
1 - ORDER NO. 97-135
\RD OF COUNTY COMMISSIONERS
DESCHUTECOUNN, OREGON
NCY-reFPI1,SCHLANG EN, QKAIR
RCSBEj `r L. NIPPER, COMMISf(0NER
LINDA L. SWEARINGEN, COMMISSIONER
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OCT 151991
KEY N HED
OC 1 0 1997
ES CO
TO: Board of Commissioners
EXHIBIT "A" 0153-0689
Department of Public Works
MEMORANDUM 61150 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 211)
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
016431- C690
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.
0163-6091
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)
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.
EXUBIT "1"
0163-0692
PETITION FOR VACAT10N 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 1 / 4 , S 16 , T l 7 S , R 12 E Deschutes County.
Reason for road Vacation request: SEE ATTACHED SHEETS
DATED this _ day of _ __L&,, 19
NAME ADDRESS
SALLY JIROWN _ 4 > P-0- BOX 5848 REND, •,OR 97708
ANN MAROE 21655 COYOTE, BEND, OR 97701
EUGENE MAYEA P.O. BOX 63.2 PAHRUMP, NY 89041
STATE OF OREGON }
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COMNOTARY MISSION NO.
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EXPIRES
Page 1 of 2
STATE OF OREGON )
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County of ss.
0163--C693
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 the persons) 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 of ) ss.
On this — day of In the year 19___, before me, a Notary Public, personally
appeared personally kwwn to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is(are)
subscribed to this instnunent, and acknowledged that he (she, they) exec. W it
WITNESS my hand and official seat
Notary Public for Oregon.
My Commission expires:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY MF—
SIGNATURE .
ADDRESS
TELEPHONE:
PageAd 2
. STATE OF OREGON
ss.
Cbunty of )
On this day of . in the year IS before me, a Notary Public, personally
appeared personaily known to
me (or proved to me an the basis of satisfacwry evidence) to be the person(s) whose names) is(are)
subscribed to this instrument. and acknowledged that he (she, they) =em ted it
WITNESS my hand and o ectal seal
Notary Pubic for Oregon.
My Commission expires:
STATE OF OREGON )
ss.
County of )
On this day of . in the year 19^, befere me, a Notary Pub(ic,, 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 offtcal sal
Notary Public for Ot egcn.
My Commission expires:
STATE OF OREGON
County of,s�lnu'k�S ss.
,
On anis _LC day of _jvlm -. in the year 19_, before me, a Notary Public, personally
appeared - A,n rt C . M &r-Egz parzonally known to
me (or proved to me an the basis of satisfacWry evidence) to be the persons) whose n2me(s) is(are)
subscribed to this instrument, and arkwMedged that he (she, they) executed it.
ESS my Id arc oti'ccial seal
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OFFICML D rj public FNEE SANSCommimdon fres: (o I �q 8NOTARY PUBLIC-OR1NY �—��—COMMISSION NO.0MY COMMISSION EXPIRES JUNE
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PE��TMON CIRCULATM BY ME.
SIGNATURE
TELEPHONE:
Page 1 of 2 - -
` PETI" IN FOR VACATION OF A PUSUC ')AD
TO- THE DESCHUTES COUNTY HOARD OF COMMISSIONERS
0163-0395
We. the undersigned (holding rec.,rded interest or abutting the proposed property or owning
improvements constructed on the proposed property for vacation), respectfully request the following
desCabed road be vacated.
Oesciption of road to be vacated: 30.00 FOOT WIDE RIGHT -OF -STAY SOUTH OF COOLEY
ROAD AND OPPOSITE HUNNELL ROAD; ROAD WAS DEDICATED PER INSTRUMENT 90-38150
OF DESCHUTES COUNTY- OFFICIAL RECORDS.
Located in NW 1 / 4 , S 16 , T 17 S , R 12 E , Deschutes County.
I
Reason for road vacation request, Mrs. Maroe acknowledges the above referenced
30 foot right-of-way vacation. However, she does not acknowledge,
or aaree with anv specific alianment of Hunnel Road to or througk
r property.
DATED this aS day of J U 19.
NAME .
SALLY BROWN
ANN MAROE
EUGENE MAYEA
STATE OF OREGON )
Ss.
County of )
ADDREESS
21655 COYOTE, BEND, OR 97701
P.O. BOX 63,2 PAHRUMP, NIV 89041
On this r 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 etre persons) whose name(s) is(are)
subscribed to this instrument, and scimcwledged that he (she, thQy) =ecuted it
WITNESS my hand and cMcW seal
Notary Public for Oregon.
My Cornmismon expires:
Page 1 of 2
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EXHIBIT "B"
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
✓mil �-.�
JANUARY 21, 1997
KENNETH A. FISHER
18110101UM2197a
(541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture • Environmentai4Services
01O""3 -C698
EXHIBIT "C"
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 5, 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.
NOTICE TO MORTGAGEE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215
RES THAT IF YOU RECEIVE THIS NOTICE. IT MUST PROMPTLY BE FORWARDED T1
11ICI=9
In response to a petition by landowners, Deschutes County initiated the vacation of 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 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.
B ARD OF COUNTY C MMISSIONERS
SCHUTE OUNT ,OREGON
NANCY P P CHLANGEN, Chai
PUBLISHED: October 16, 1997 and October 26, 1997
POSTED: October 16, 1997
MAILED: October 6, 1997