1997-40160-Resolution No. 97-134 Recorded 10/23/199797-40160 0163`073L)REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES 3OUNTY, REGON I
r
A' Resolution Initiating the Vacation of a portion LE C7UNS'E
of the right of way of the Tumalo-Cline Falls
Highway located in Deschutes County, Oregon,
Describing the Property Proposed to be
Vacated, the Reasons for the Vacation, and
requesting that the County Engineer file a Report.
RESOLUTION NO. 97-134
97 OCT 23 PH 1: 35
C0UkTY, rLERK
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 the right of way of the Tumalo-Cline Falls Highway
located 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 the right of way of the Tumalo-Cline Falls Highway located in
Deschutes County, Oregon 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 -2a day of LCL&lz, 1997.
A ST:
Recording Secretary
1 - RESOLUTION NO. 97-134
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUKY, OREGON
HLANG�, CHAI
ROBF.,,T L. NIPPFAR, COMK08SIONER
DA L. SWEAPIN'6E-W, COMMISSIONER
""'CRO?! ED
I
NOV 0 5 1997
7C-T,19
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PACIFIC
155 N.E. Revere
Bend, Oregon 97701
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
0163=0'734
All that j,roperty being a portion of the northeast quarter of Section 14, Township 15 South,
Range 12 East, Willamette Meridian; Deschutes County, Oregon, described as follows:
v
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
KENNETH_ A. FISHER
05260206.leg
(541) 388-4255 Fax (541) 388-4229 Planning - Engineering - Surveying - Landscape Architecture
AREA TO BE DEDICATED BY
♦ THE STATE OF OREGON
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AREA TO BE DED
"OOOOOBY EAGLE CRES 'CATED
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MEMORANDUM
TO: Board of County Commissioners
of 63�-0736
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 1"). 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
0163-0737
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.
Findings:
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`738
3. The vacated property shall vest with the abutting property owner in accordance
wifh ORS 368.366.