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1997-45830-Order No. 97-149 Recorded 12/3/199797-45830 0163-12 REVIEWEV 97-48'75 4-11 - E2610 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTESTY, OREGON 97 DEC -3 PM 2: 35 MM' RY SUE* RENHOLLOW An Order Vacating a portion of the right of COUt4TY CLERK way of the Tumalo-Cline Falls Highway located in Deschutes County, Oregon. ORDER NO. 97-149 WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation of a portion of the right of way of the Tumalo-Cline Falls Highway located in Deschutes County, Oregon by Resolution Number 97-134 dated October 22, 1997; and WHEREAS, the Board of County Commissioners requested the Engineer to prepare a report relating to the vacation; and WHEREAS, the Board of County Commissioners accepted and approved the Engineer's report and as required by ORS 368.346 set a public hearing on December 3, 1997 at 10:00 a.m. on the vacation of a portion of the right of way of the Tumalo-Cline Falls Highway located in Deschutes County, Oregon by Order Number 97-148 dated October 22, 1997; and WHEREAS, notice of hearing was given in accordance with ORS 368.346(3) and 368.401 to 368.426, and WHEREAS, the Board of County Commissioners held said hearing to consider matters presented under ORS 368.346, and WHEREAS, the Board of County Commissioners finds that it is in the public interest to vacate the public property; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the property, described in Exhibit "A", attached hereto and by this reference incorporated herein, is hereby vacated. Section .2. That the property, vacated in Section 1, shall vest in the owner of the land abutting the vacated property pursuant to ORS 368.366 (1)(d). Section 3. That the Deschutes County Surveyor is directed to mark the plat, if any, as provided in ORS 271.230. KEYS GNE� � qtr; 1997 1 - ORDER NO. 97-149 U • e"Nt4 � Mon) [d.i��C�F��hAED A997 0163-1241 471 - 2611 Section 5. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be filed with the Deschutes County Surveyor and County Assessor. BOARD OF COUNTY COMMISSIONERS F DESC ES CO NTY, OREGON In MA NANCY��tjgCHLANIJLW,6 IR A T: ROBE L. NIPP MMISSIONER Recording Secretary INDA L. SWtPAINGEN, COMMISSIONER STATE OF OREGON ) )SS. County of Deschutes ) Before me, a Notary Public, personally appeared NANCY POPE SCHLANGEN, ROBERT L. NIPPER and LINDA L. SWEARINGEN, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. n DATED this j day of 2 - ORDER NO. 97-149 My Commission Expires: -4 1;e a2 00/ OFFICIAL SEAL ANITA MUTCHIE k NOTARY PUBLIC -OREGON COMMISSION NO. 061517 MY COMMISSION EXPIRES APRIL 18, 2001 0103-1242 I PACIFIC 471 M 2 612 155 N.E. Revere Bend, Oregon 97701 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY VACATION All that property being a portion of the northeast quarter of Section 14, Township 15 South, Range 12 East, Willamette Meridian; Deschutes County, Oregon, described as follows: That portion of the right-bf-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). SUBJECT TO the reservation of a utilities easement in and upon all of the property; for the purposes of continuing, constructing, installing, maintaining, repairing, reconstructing, replacing, enlarging and altering; wires, poles, pipes, lines, structures, casings supports, equipment, facilities and appurtenances; at the present and in the future; necessary or convenient; to Deschutes County, a political subdivision of the State of Oregon, its agents, licensees and permittees; forever. PROFESSIONAL 0526M.4 (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying 9 Landscape Architecture &A •1• N FA AI 'r O133w1.44 471 - 2614 oo= zQ= W S � vC czmin pL ~ � � Lo W 3Va� WC, 71 H o .1 _ = s w ►- a u ci W WOW-i� tn� �- �.+ p d v =.a C? i s owl r = D