1997-41174-Order No. 97-124 Recorded 10/31/199797-4117-1
BEFORE THE BOARD OF COUNTY COMMISSIONER
An Order accepting and approving the Engineer's
Report on the vacation of portions of Strickler Avenue,
Fifth Street, Sixth Street, The 1913 Bayley Grade
and the Alley in Block 17 of the Townsite of Laidlaw
(Tumalo) Subdivision, Deschutes County, Oregon,
setting a date for a public hearing, and providing for
public notice of said hearing.
S
0163-0910 REVIEWED
OF DESCHUTES OUVY REGON
*
* o 4:-
ORDER NO. 97-124
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 97-119 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
roads known as portions of Strickler Avenue, Fifth Street, Sixth Street, The 1913 Bayley Grade and
the Alley in Block 17 of the Townsite of Laidlaw (Tumalo), 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 3668.401 to 368.426.
DATED this � day of KQC;&" , 1997.
BOARD OF COUNTY COMMISSIONERS
¢f DESCHUT S, OUNTY, REGON
AM,
ROB
l
Recording Secretary
L
1 - ORDER NO. 97-124
HL�NGFN, CHAIR
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rSIONER
INGEN, MMMISSIONER
t�;CnO ED
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EMIBIT "A" 0163-0911
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Dick Johnson, Management Analyst
DATE: September 3, 1997 (Revised 10/24/97)
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 - FAX (541) 388-2719
SUBJECT: Vacation of Portions of Strickler Avenue, Fifth Street, Sixth Street, the 1913 Bayley
Grade and the alley in Block 17 of the townsite of Laidlaw (Tumalo).
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public
road right-of-way.
Background:
Deschutes County received a petition (attached as "Exhibit I"). from Rock E. Caley, requesting
the vacation of a public road right-of-way. The requested vacation is for portions of Strickler
Avenue, Fifth Street, Sixth Street, the 1913 Bayley Grade and the alley in Block of the townsite
of Laidlaw (Tumalo).
The chief petitioner, Rock E. Caley, owns the abutting property adjoining the proposed road
vacation. The petitioner is requesting this vacation because the road right-of-way is not needed
for public access and the road right-of-way divides his property into several small parcels that are
not usable for any practical land usage.
The proposed vacation lies within the Townsite of Laidlaw (Tumalo) on the west side of
Highway 20. The petitioner's properly is made up of a single tax lot (which includes portions of
12 legal lots of record) that is split into three separate parcels by the public right -of way which
the petitioner wishes to vacate in order to consolidate his property into a single parcel. The
consolidation of the petitioner's property into a single parcel will enable the applicant to use the
property in a manner allowed by county zoning regulations.
The petitioner is the sole owner of tax lot 3700 on Assessor's Map 16-12-31-A. The petitioner
represents all of the properties abutting the right-of-way to be vacated except for the property to
the west which is owned by a single owner, Tumalo Irrigation District, and has access to and
frontage on a public road.
From evidence on the ground, there appear to be no utilities within the public road right-of-way
proposed for vacation.
Quality Services Performed with Pride
0163-0912
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. There responses are as follows:
Bend Cable Communications: No response.
Cascade Natural Gas: No response.
Central Electric Coop: No response.
Laidlow Water Company: No response.
Tumalo Irrigation District: No response.
U. S. West Communications: Bob Payne responded that U.S. West had no comments.
Deschutes County Department of Community Development: No response.
Deschutes County Property Management: Jim Bonnarens responded on August 25, 1997:
"Currently, Property Management has no interest in the portions of property proposed to be
vacated. Thank you for your concern."
Bend Fire Department: No response.
Deschutes County Community Development Department: Associate Planner responded on
September 4, 1997:
"The Planning Division has received your request for comments on the proposed vacation of
portions of the Townsite Laidlaw (Tumalo) that was sent to our office on August 22, 1997.
Staff finds that the proposal may negatively impact the tax lot identified as tax lot 3700 on
County Assessor's Map #16-12-31A. Currently, tax lot contains twelve legal separate lots
identified as lots 1 through 12 of block 17 of the Townsite of Laidlaw (Tumalo).
The proposed vacation of portions of the Townsite of Laidlaw (Tumalo) as identified on the
submitted map will limit the amount of public access to the portion of tax lot 3700 located south
of Highway 20. In addition, lots 4 and 5 of block 17 will have no public street access if the
identified streets and alley are vacated.
One solution to the issue of no public street access to lots 4 and 5 would be to vacate lots 1
through 12 in order to create one legal, tax lot. This would allow the tax lot to have access from
Strickler Avenue or the alley located between Strickler Avenue and Highway 20.
Deschutes County Planning Division would not recommend this request as proposed. If you
have any questions regarding this matter, please feel free to contact me at 383-6719."
Response to CDD Comments: None of the originally plotted small lots making up block 17 of
the Townsite Laidlaw are individually buildable due to their small size which in turn caused by
being cut up by the various sections of street and alley right-of-way that the petitioner wishes to
vacate to create a single usable parcel of land.
0163=0913
No vacation of right-of-way is being proposed for that portion of Tax Lot located on the east
side of Highway 20 and thus only portions of the 12 originally platted small lots of block 17 of
the Townsite of Laidlaw are involved in this request for right-of-way vacation which involves a
single tax lot owned by a single property owner. The vacation of the small lots of record making
up the single tax lot will be required as suggested by Heidi Kennedy in that it does eliminate any
question about leaving any parcels without legal access.
Findings.
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 on the
original plat of Laidlaw recorded with the Crook County Clerk (Deschutes County was originally
part of Crook County) on August 31, 1904. The road right-of-ways of both the diagonal portion
of Strickler Ave. and Highway 20 were later dedicated across this plat and created the split in the
applicant's property which resulted in three parcels.
2. It appears that the vacation process coupled with the replating of the original small lots is
adequate to amend the plat. 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.
3. Strickler Road is classified as a rural local Street as are Fifth and Sixth Streets according to
the Deschutes County Transportation Plan. The Plan does not show any arterial or collector
connection through the area of the proposed vacation.
4. Surrounding zoning: The petitioner's property is zoned RSC as is to the south across Sixth
Street and to the east across Highway 20. The land to the north across Fifth Street is zoned
RSRM. The property to the west, owned by the Tumalo Irrigation District, is zoned RSR5.
5. The vacation of the right-of-way requested by the petitioner will not leave any parcel (tax lot
parcel) without legal frontage or access on a public road. (Portions of 12 separate lots originally
platted in block 17 of the Townsite of Laidlaw would be without frontage although the overall
Tax Lot 3700 which is composed of these smaller parcels would have legal access and frontage
on the north end of Stickler Avenue. In any event the petitioner is proceeding with the process of
replating his portion of Block 17 to combine the separate original lots.)
6. There do not appear to be any utilities lying within the proposed vacation.
7. This right-of-way does not provide access to any 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 would leave this parcel with legal access to what will be
the north edge of Strickler Avenue and legal frontage on Highway 20, though not legal access to
0163-0914
the Highway. The parcel will also have access on its south boundary to the southern portion of
Sixth Street (30 feet wide) which is not being vacated.
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.
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 the existing utility
facilities.
2. The vacated property shall vest with the abutting property owner in accordance with ORS
368.366.
3. The vacation of the right-of-way shall be approved subject to the replatting of block 17 to
vacate the original small lots making up the petitioner's property thereby making it a single
parcel.
4. That the replat dedicate right-of-way for a cul-de-sac bulb at the end of Strickler Avenue. (See
the attached map.)
i EXHIBIT "1" 9 0163-0915
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:
cyto cK f7
Located in S4�L 40I-1EP;1� , Deschutes County.
Reason for road vacation request: 14%l , *+jQS J -*AD V AJX> NS
oFP Sy -i ,`a edc-f2
DATED this _6 day of Aazg c157- , 19-1-7.
STATE OF OREGON )
/ // ) ss.
County of i>sc l u � ers )
ADDRESS
is 4�/ sr- �iGy
a-EnJL) AZl 17701
On this bl�4 day of JJ , in the year 19 1 % before me, a Notary Public, personally
appeared - C -014V personally known to
me (or proved to me on the basis of satisfacto evidence) to be the person(t) whose name(s) is(are)
subscribed to this instrument, and acknowledged that h he, they) executed it.
WITNESSy nd a official eat
o�FlgA<.s Notary Public for Oregon.
wANOACAua►NAN My Commission expires: 1-2-6-17a
0W Abs
NOT(OCOu�MJGOR
AM2j
My COMMISSION EXPIRES JAN.
Page 1 of 2
STATE OF OREGON
ss.
County of
• 0163-0916
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 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
STATE OF OREGON
ss.
County of
Notary Public for Oregon.
My Commission expires:.
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 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 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:
I CERTIFY THAT THIS IS THE TRUE AND ORItiTITIO CIRCULATED BY ME.
SP ll 0',
SIGNATUR
ADDRESS
TELEPHONE:
Page 1 of 2
0163-0917
EXHIBIT "B"
Vacation of Portions of Strickler Avenue, Fifth Street, Sixth Street, The 1913 Bayley
Grade, and the Alley in Block 17 of The Townsite of Laidlaw (Tumalo)
All of the roads and alleys in Tumalo in a triangular area lying north of
the southerly right-of-way line of Sixth Street as shown on the official plat
of the Townsite of Laidlaw recorded and filed in Cabinet A5 Page 38 of
the plat records in the office of the County Clerk, Deschutes County,
Oregon; east of the west boundary line of said plat; and west of the
southwesterly 50 foot right-of-way line of the Mckenzie -Bend Highway as
shown on the November 1950 Oregon State Highway Department map
"DRG. NO. 7B-4-13", EXCEPTING THEREFROM the right-of-way for
a 45 foot radius cul-de-sac bulb, the center of which lies 45 feet north of
the southerly right-of-way line of said Sixth Street and 30 feet east of the
west boundary line of said Laidlaw plat and also that portion of Strickler
lying north of the southerly right-of-way line of said Sixth Street and
south of said 45 foot radius cul-de-sac bulb.
EROC=ESSIONAL� �_�k !:�'TFRED _ '`1E:Y0R
O" E G�O N
E
CHAEL J. BERRY
ULY �6, 1939
?390
RencwaI Ua4e: IZ/308
J:\DATA\W ORD\MJB\VACATE\B17-TUM.LGL
10/28/97 10:11 AM
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EXHIBIT "C" 0153"0918
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
REQUIRES THAT IFYOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE F RWARD D TO
THE PURCHASER.
In response to a petition by landowners, Deschutes County initiated the vacation portions of
Strickler Avenue, Fifth Street, Sixth Street, The 1913 Bayley Grade and the Alley in Block 17 of the
Townsite of Laidlaw (Tumalo) located 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 OFC UNTY CO MISSIONERS
SCHUTE C UNTY, REGON
�C
NANCY PO S HLAN EN, Chair
PUBLISHED: October 2, 1997 and October 12, 1997
POSTED: October 2, 1997
MAILED: September 22, 1997