1997-40159-Order No. 97-148 Recorded 10/23/199797-40159 0163-072REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES 0UNTY, OREGON
G C:?'JNSZL
An Order accepting and approving the Engineer's Report
on the vacation of a portion of the right of way of the 97 OCT 23 PH !: 34
Tumalo-Cline Falls Highway located in Deschutes County,
Oregon, setting a date for a public hearing, and providing for Y SUE t=E*QLLOWy
public notice of said hearing. 0UNTY CLERK
ORDER NO. 97-148
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 97-134 dated on October 22, 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 the right of way of the Tumalo-Cline Falls Highway located in Deschutes
County, Oregon Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, December 3, 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 a?� day of ��;�f , 1997.
A T:
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Recording Secretary
1 - ORDER NO. 97-148
BQARD OF COUNTY COMMISSIONERS
0 DESCH"S, COUNTY, OREGON
Ell 24 114
ROB4 T L. NIPPE , C MMES LONER
NDA L. SWEARING.EN, COMMISSI9-P�F
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EXHIBIT "A"
MEMORANDUM
TO: Board of County Commissioners
0163=0727
Department of Public Works
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: Dick Johnson, Management Analyst, Deschutes County Road Department
DATE: October 15, 1997
SUBJECT: Engineer's Report: Vacation of a portion of the Cline Falls Highway
located on the south side of Highway 126, north of Eagle Crest and west of the
Deschutes River.
This report is made pursuant to ORS 368.326 through 368.366, concerning the
vacation of public road right-of-way.
Background:
Deschutes County initiated the vacation of a section of a portion of the Cline Falls
Highway (See the attached map, "Exhibit I"). The vacation is being requested
because a portion of the Cline Falls Highway is being realigned to provide a new
grade separated intersection with Highway 126. The vacation is also being requested
to honor the request of the Bureau of Land Management (BLM) to return this
property back to the BLM to consolidate their property in the area which lies on either
side of the property to be vacated. The vacation would also allow the consolidation of
property owned by the Central Oregon Irrigation District that also straddles both sides
of the road being vacated.
Discussion:
The proposed vacation lies on the south side of Highway 126, on the west side of
Deschutes River, and to the north and east of Eagle Crest Resort. The property to be
vacated was a county maintained road owned by Deschutes County that is no longer
needed as a public roadway. Deschutes County, the owner of the property to be
vacated, and the two adjoining property owners, the BLM and COI are all agreeable
to the vacation.
From evidence on the ground, there appear to be utilities with the public road right-
of-way proposed for vacation. Based upon visual observation in the field and upon a
response the Road Department received from one of the utilities, a utility easement
should be retained over the land to be vacated as a road right-of-way.
Quality Services Performed with Pride
0163-0728
The Road Department mailed preliminary notices of the proposed vacation to the
affected utilities and agencies. These responses are as follows:
Cascade Natural Gas: No response.
Falcon Cable TV: Randy Williams responded on September 29, 1997: "Falcon
Cable TV has buried and overhead cables that run thru this area and we have no plans
at this time to vacate this right-of-way."
Central Electric Cooperative: No response.
Pacific Gas Transmission Co. No response.
Pacific Power and Light: No response.
U. S. Communications: No response.
Findingg
Based on preliminary responses, and the Department's research of the proposed
vacation, the Road Department makes the following findings:
1. The right-of-way proposed for vacation, the Cline Falls Highway, has been used
as a county maintained rural collector road for many years.
2. The right-of-way is no longer needed as a public roadway as a new section of road
was constructed to the west to provide a grade separated road connection to Highway
126.
3. Two public entities, the Bureau of Land Management and Central Oregon
Irrigation District, own the land on both sides of the land to be vacated and would be
able to consolidate their property with the vacation of this right-of-way.
4. Utilities are located within the right-of-way and thus a utility easement should be
maintained over the property being vacated.
5. This right-of-way does not provide access to any parcels other than the abutting
properties.
6. 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.
If following the public hearing, the Board approves the vacation, the Engineer
recommends the following conditions:
2. A reservation for utility easements shall be retained upon this parcel for the
existing utility facilities.
0163-0'729
3. The vacated property shall vest with the abutting property owner in accordance
with ORS 368.366.
•J•
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PACIFIC
155 N.E. Revere
Bend, Oregon 97701
EXHIBIT "B"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
0163-0'731
All that 11roperty being a portion of the northeast quarter of Section 14, Township 15 South,
Range 12 Fast, Willamette Meridian; Deschutes County, Oregon, described as follows:
That portion of the right-of-way of the Tumalo-Cline Falls Highway (as shown on that right-of-
way map on file with the Oregon Department of Transportation as 7B-31-3) lying southerly of
the south right-of-way of the Redmond -Sisters Highway, and lying northeasterly of the northeast
right-of-way line of the realigned Tumalo-Cline Falls Highway (said realigned right-of-way
being 60.00 feet wide and centered about the constructed roadway as it exists at the time of
recordation of this document).
PROFESSIONAL
JANUARY 21. 1997
CENNETH_ A. FISHER
05260206.leg
(541) 388-4255 Fax (541) 388-4229 Planning - Engineering *Surveying -Landscape Architecture
EXHIBIT "C" 0163-0732
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 DECEMBER 3, 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
REQU
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of the right of way of the Tumalo-Cline Falls Highway located in Deschutes County,
Oregon 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.
BO RD OF C TY COMMISSIONERS
D SCHUTES C NTY, REGON
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NANCY F 0 E S, HLANGEN, Chai i
PUBLISHED: November 13, 1997 and November 23, 1997
POSTED: November 13, 1997
MAILED: November 3, 1997