1998-19693-Order No. 98-063 Recorded 5/7/1998REVIEWED
-2147
0157
BEFORE TF;E'BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COL N6L
492 -- 2294
An Order Vacating a portion of Tetherow Bridge '' a'
Loop located in Section 36, Township 14 South,
Range 12 East W.M. in Deschutes County, Oregon
ORDER NO. 98-063
n
CD
WHEREAS, proceedings for vacating a Public Utility Easement in Deschutes
County, Oregon, were initiated by a petition filed by owners of property abutting said
Public Utility Easement pursuant to ORS 368.341(1) (c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said
owners' approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Engineer has prepared and filed with the Board a written report
pertaining to the vacation; and
WHEREAS, said report contains the County Engineer's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Engineer's written report, attached as Exhibit "C" and by
this reference incorporated herein, is hereby accepted and approved.
Section 3. That the property, described in Exhibit "B" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That the property, vacated in section 3 herein shall vest with the rightful
owner holding title according to law, in accordance with ORS 368.366.
1S�u6� i1i::..sw
ORDER NO. 98-063 - PAGE 1 MlCROF1L7VjE� ,
PdlAa 2 19 9
MAY 1,� 1998
492 - 2295
0167.2148
Section 5. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 6. That this Order shall be recorded with the Deschutes County Clerk, and
copies shall be filed with the Deschutes County Surveyor and County Assessor.
DATED this a_ day of , 1998.
A ST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF ESCHU S, CO TY, OREGON
NCY PE l-ILANGEN, CH
n
ROBIYERJ L. NIPPER, CO MISSIONER
LINDA L. SWEARIWItN, COMMISSIONER
Before me, a Notary Public, personally appeared NANCY POPE SCHLANGEN,
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.
DATED this�2 _ day of
ORDER NO. 98-063 - PAGE 2
My Commission Expires: 4-16-01
OFFICIAL SEAL
ANffNOTARY PUBLIC -OREGON
FMI$SIO EXPIRES A gIL�18, 2001
EXHIBIT "A" 492 2296
PETITION FOR VACATION OF A PUBLIC ROAD 0167-2149
2149
We, the undersigned, 100% owners of the abutting properties described below, respectfully
request the following described road to be vacated.-
Portion
acated.
Portion of SE114 Section 36, T.14S., R. 12E., W.M. VACATION of a portion of
TETHEROW BRIDGE LOOP
Description of a parcel of land situate in a portion of Tetherow Bridge Loop as dedicated by
Deschutes County Partition Plat Number PP -1995-21, a minor land partition located in the
SEI14 of Section 36, Township 14 South, Range 12 East of the Willamette Meridian Deschutes
County Oregon, more particularly described as follows:
Commencing at a 314 "pipe monumenting the most Westerly corner of Parcel 2 of Deschutes
County Partition Plat Number PP -1995-21, the Initial Point as well as the true POINT OF
BEGINNING; thence 203.63 feet along the arc a 280. 00foot radius curve (concave West) of
the West line of said Parcel 2, forming a central angle of 41040106" and a long chord bearing
Sj3o49,27„E -15.17 feet to a 3/4"pipe; thence 51205924"E along said West line -101.52 feet
to a 112" pipe; thence N2649,25,'W along the new right-of-way of Tetherow Bridge Loop -
191.71 feet to the POINT OF BEGINNING.
The same containing approximately 0. 14 land acres (6043 square feet), subject to all existing
easements and rights-of-way over and across the above described parcel of land.
The reason for this petition for the vacation is to allow for construction of a single family
residence without encroachment of the existing setbacks, and is in conjunction with a like
dedication.
Lois Ann Summers, an individual
63480 Deschutes Market Road
Bend, Or n 97701
Frank Neil Chase, 1 i ividual
7/ 1,FNION44 7265 Falcon Crest Drive
Redmond, Oregon 97756
STATE OF OREGON )
ss.
County of Deschutes )
The foregoing instrument was acknowledged before me by Lois Ann Summers and Frank Neil
Chase this 23rd day of March, 1998
�,•:.1 �. `fes � M •• /
C
Notary Public for Oregon
My Commission Expires: -& (C)g
s- EXHIBIT "B" 492 2297
POVEY & ASSOCIATES - LAND SURVEYORS 0157-2150
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1652 and 2039
PARTNERSHIP I.D. #9"736164
P.O. BOX 131 •OFFICE 338 S.W. 7th • REDMOND, OREGON 97756 • (541) 548-6778
Fax (541) 548-0478
Description
Neil Chase - Lois Summers
portion of SE1/4 Section 36, T.14S.,R.12E.,W.M.
VACATION of a portion of TETHEROW BRIDGE LOOP
Description of a parcel of land situate in a portion of
Tetherow Bridge Loop as dedicated by Deschutes County
Partition Plat Number PP -1995-21, a minor land partition
located in the SEI/4 of Section 36, Township 14 South, Range
12 East of the Willamette Meridian, Deschutes County,
Oregon, more particularly described as follows:
Commencing at a 3/4" pipe monumenting the most Westerly
corner of Parcel 2 of Deschutes County Partition Plat Number
PP -1995-21, the Initial Point as well as the true POINT OF
BEGINNING; thence 203.63 feet along the arc a 280.00 foot
radius curve (concave West) of the West line of said Parcel
2, forming a central angle of 41040106" and a long chord
bearing S3304912711E - 199.17 feet to a 3/4" pipe; thence
S1205912411E along said West line - 101.52 feet to a 1/2"
pipe; thence N26 49125"W along the new right-of-way of
Tetherow Bridge Loop - 191.71 feet to the POINT OF
BEGINNING.
The same containing approximately 0.14 land acres (6043
square feet), subject to all existing easements and rights-
of-way over and across the above described parcel of land.
lie,
f/ 3-/8 998
r OREGO,
JULY 14, 1978
R08ERT R. POVEY
Ke n ews :
X97-35\S99-24\VACATB.WPS
- EXHIBIT"B" 492 - 2298
0157-2151
ROAD REALIGNMENT, DEDICATION AND VACATION SURVEY FOR
FRANK NEIL CHASE AND LOIS SUMMERS
LOCATED IN PARCELS 1 AND 2 OF PARTITION PLAT 1995-21
A PARTITION LOCATED IN THE SE1/4 OF
SECTION 36, T.14S., R.12E., W. M.
d'
rn
0
0
0
co
N8129'23p, W
174.;70, srI9.
PARCEL 1 , ��\oo.
h off.
s�
V lfl \ 0
O
VACATE
14,57'
0.14 AC.
N �\ o N ��N 6043 S.F.
�� tw
25'
DEDICATION ti
0.13 A C.
5490 S.F. N M
Lo- N, Nom- 6 D'
co
> > P
PARCEL 1
30' 30'
60.00'
Lo c
Lo
0
Lo
N
N
m
Ful
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 14, 1978
ROBERT R. POVEY
Renewal Date: 12/31/98
LEGEND:
• MONTMENT PER CS 12242
O SET 1/2" PIPE/ CAP
NO MONUMENT
sem,Is
ti NOT TO SCALE
PARCEL 2
a-
Z"s
r' SCALE:
1"=100,
N28'46'04"W \
282.47'
m
N
� NOTE: MEASUREMENTS ARE AS PER
PP -1995-21 (CS 12242)
M97-35\ 598-24.DWG
EXHIBIT "C"
MEMORANDUM
TO: Board of County Commissioners
492 ® 2299
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 - FAX (541) 388-2719
FROM: Dick Johnson, Management Analyst, Deschutes County Road Department
DATE: April 20, 1998
SUBJECT: Road Department Report - Vacation of a portion of Tethrow Bridge Loop
This report is made pursuant to ORS 368.351 (1), concerning the vacation of public road right-
of-way without a public hearing. A County governing body may make a determination about a
vacation of property if:
(1) The county road official files with the county governing body a written report that contains
the county road official's assessment that any vacation of public property is in the public interest;
and
(2) The proceedings for vacation were initiated by a petition that contains acknowledged
signatures of 100 percent of the property owners abutting any public property proposed to be
vacated.
Background:
Deschutes County received a petition from Lois Ann Summers requesting the vacation of a
portion of Tethrow Bridge Loop. Tethrow Bridge Loop is located on the west side of the
Deschutes River northwest of Redmond. The portion of road to be vacated is located in the SE
1/4 Section 36, T.14S., R12E., W.M. The petitioner is the sole owner of the property abutting
the proposed right-of-way vacation. The location of the area of Tethrow Bridge Loop is shown
on the map attached as Exhibit "I".
The property is described as a parcel of land situated in a portion of Tethrow Bridge Loop as
dedicated by Deschutes County Partition Plat Number PP -1995-21, a minor land partition located
in the SE 1/4 of Section 36, Township 14 South, Range 12 East of the Willamette Meridian
Deschutes County Oregon.
Page 1 of 3 - Engineer Report Tethrow Bridge Loo
Quality Services Perpormed with Pride
'" f EXHIBIT "C" 4 9 2 2 3 0®"
Due to a change in the Oregon Law in 1993, a replat no longer serves to vacate a public road
(ORS 92.185 (5)). Therefore, a separate administrative procedure is required to vacate any
unneeded dedications within the replatted area. The proposed vacation would serve to allow for
the construction of a single family residence without encroachment of the existing setbacks, and
is in conjunction with a like dedication which keeps Tethrow Bridge Loop with a right-of-way of
60 feet in width. The area to be vacated contains .14 acre (6043 square feet) while the area to be
dedicated on the east side of the street contains .13 acre (5490 square feet).
Referrals:
Kevin Harrison, Senior Planner with the Deschutes County Planning Division of the Community
Development Department made the following comment: "Applicant needs to apply to the
Planning Division for a road dedication application, fee is $250.00. Please contact Planning
Division for review."
Note: The Road Department researched this matter and believes this proposed vacation falls
under the definition of a minor dedication as set forth in Chapter 17.52. ROAD
DEDICATIONS Section 17.52.010. Purpose, which reads: "The purpose of this section is to
establish procedures for the dedication of more than minor amounts of road right of way to the
public where the dedication will not be reviewed as part of another land use application. Minor
amounts of road right of way means rights of way no greater than those required for
modernization, traffic safety improvement, maintenance or repair of an existing road or street.
This section applies to road dedications which occur outside of urban growth boundaries in
Deschutes County. This section requires that road dedications be reviewed for consistency with
the Transportation Policies for new roads or major road modifications of the Comprehensive
Plan. (Rod. 95-0212, 1995)" Therefore, the Road Department does not believe the petitioner
needs to apply for a road dedication as the amount on land involved is very small and merely
balances out the amount of land being vacated on the other side of the road.
The Central Electric Cooperative submitted the following comment: "Central Electric
Cooperative, Inc. (CEC) will require that the described area to be vacated be maintained as a
Public Utility Easement due to the fact that CEC has existing underground high voltage cable
within that area."
James Bonnarens of the Deschutes County Department of Property Management made the
following comment: " Deschutes County owns the property across the river to the Northwest of
the proposed vacation. At this time, Property and Facilities Management had no concerns."
It is the Road Department's assessment that this vacation is in the public interest as the
reservation for a utility easement requested by CEC will not interfere with the house proposed
for construction by the petitioner as the easement will be within the front yard setback of the
petitioner's parcel.
Page 2 of 3 - Engineer Report Tethrow Bridge Loop
402 Q 2301
EXHIBIT "C"
0157-2154
/ —2154
Tethrow Bridge Loop will retain a right of way width of 60 feet as the vacation is being made in
conjunction with a like dedication of right-of-way on the west side of the road.
The Road Department has verified that proceedings for this vacation have been initiated by a
petition under ORS 368.341 that contains the acknowledged signature of the owner of 100
percent of the property abutting the proposed vacation.
91MMMI-TTIM Me
It is the Road Department's recommendation that the Board approve the vacation of the .14 acre
(6043 square feet) portion of Tethrow Bridge Loop on the east side of the road subject to a
utility easement being maintained over the area vacated and the concurrent dedication of .13 acre
(5490 square feet) parcel of property on the west side of the road to maintain the 60 foot wide
road right-of-way.
The vacated property shall vest with the rightful owner holding title according to law, in
accordance with ORS 368.366.
Page 3 of 3 - Engineer Report Tethrow Bridge Loop
STATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
1, MARY SUE PENHOLLOW, COUNTY CLERK AND
RECORDER OF CONVEYANCES, IN AND FOR SAID
COUNTY, 00 INEREBY CERTIFY THAT HE WITHIN
INSTRUMENT WAS RECORDED THIS DAY
98 tihR ' --8 N 2.56
OI.L0V
(Y Cl CR.
DEPUTY
BY.
N0. Qa–?9353 FEE
DESCHUTES COUNTY OFFICIAL RECORDS