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1998-45606-Order No. 98-112 Recorded 8/31/199898-46000 169 0064 _I WD BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COZ 6 , `J LEAZ� UNSEL 98-45606 An Order Vacating all of Nashua Lane, 98� 3 �� $: Secretariat Drive, Man 0 War Drive and 12 Whirlaway Road as platted in Wild Horse ` ikr;`1` 4i. E r yN 0LL0' ' Meadows Subdivision located in Deschutes C0bNNTw CLE tK County, Oregon ORDER NO. 98-112 WHEREAS, proceedings for vacating all of Nashua Lane, Secretariat Drive, Man 0 War Drive and Whirlaway Road as platted in Wild Horse Meadows Subdivision were initiated by a petition filed by owners of property abutting said roads 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 Road Official has prepared and filed with the Board a written report pertaining to the vacation; and WHEREAS, said report contains the County Road Official's assessment that the proposed vacation is in the public interest; and WHEREAS, the Board of County Commissioners has made a determination about the proposed vacation without a public hearing pursuant to the conditions of ORS 368.351; 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. Uf �GI iED wpuyw. ORDER NO. 98-112 - PAGE 1 3 OcTt41998�� �` ` 516 - 1272 169 -° 0065 Section 2. That the County Road Official's written report, attached as Exhibit "B" and by this reference incorporated herein, is hereby accepted and approved. Section 3. That the property, described in Exhibit "C" 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. 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_day of 1998. :•�-I • i.104 1 • • - MEMO,, jimix V�i�li`%fly• • � �� 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. DATED this �R6 day of ORDER NO. 98-112 - PAGE 2 My Commission Expires- J,_/8-01 OFFICIAL SEAL ANITA MUTCNIE NOTARY PUBLIC -OREGON qr COMMISSION NO. 061517 MY COMMISSION EXPIRES APRIL 18, 2001 EXHIBIT A 16 9 a 0 0 ; 51 - 12 7 Iihn PETITION FOR VACATION OF A PUBLIC ROAD `JUL 9 1999 TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS t;ECE1Vh-.P 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: See attached exhibit A Located in Section 35 T14S RIDE WM , Deschutes County. Reason for road vacation request: Approved tentative plan for GOLF COURSE ESTATES at ASPEN LAKES which replats over WILDHORSE MEADOWS.,and.the srteets described in exhibit A. DATED this 1 day of July , 1998 NAME ADDRESS Aspen Lakes Development LLC 17204 Hwy 126 �iC�G� Sisters, OR 97759 DGF Investment Company 2746 Front St. NE and Faith Family Limited Partnership Salem, OR 97303 1 n STATE OF OREGON �nJ - 40 SS. lu•�.�.cr- u:.. �w�, L gin:• County of MCVr % dV\ ) On this day of •� , in the year 19_�% before me, a Notary Public, personally appearedpersonally known to me to be the person(o whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she; they) executed it. WITNESS my and and official seal OFFICIAL SEAL Notary Public for Oregon. DEBORAH J. ROTH ` \q�. NOTARY PUBLIC - OREGON My Commission expires: -Z► CQMMISSION NO. 040792 MY COMMISSION EXPIRES JAN. 21,1999 Page 1 of 2 169 -- 006 PETITION FOR VACATION OF A PUBLIC ROAD 511274 M 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: Located in _5rebb� - s T) (/ S i� ID Z- , Deschutes County. Reason for road vacation request: Approved tentative plan for GOLF COURSE ESTATES at ASPEN LAKES which replats over WILDHORSE MEADOWS and the streets described in EXHIBIT "A". DATED this day of S v(.t., 19. NAME ADDRESS CITY STATE ZIP n l� l� All ��� C'l� R'a le ar '7770 STATE OF OREGON OFFICIAL SEAL ss. CHERYL REINERTSON NOTARY PUBLIC -ORE GON County of ) COMMISSION N0.307695 MY COMM wort ED(PIRES JAN: 9, 2002 Ont is<k1_!fay of, in the year 19`' ,before me, a Notary Public, personally appeared ton 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. W10F'SS mjy� and official seal Notary' P6filic for Oregon. My Commission expires: the Page 1 of 2 169 OU68 STATE OF OREGON ) ss. County of ��� �> 51 1275 On this _Ls�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 perso whose name Is re) subscribed to this instrument, and acknowledged that he (she, they) executed it. OFFICIAL SF./�L WITNESS d and fficial seal VICKIE A' RU63ELL NOTARY PUBLIC -OREGON Notary P I' for Oregon. COMMISSION NO. 049M MM19SION EXPIRES Nov 19, 1999 My Commission expires: //—/172Lz WMA STATE OF OREGON ) ss. County of ) On thisQ4 day of , in the year 1�, bef re me, a Nota Public, personally appeared 01 rersonally known to me (or proved to a on"the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) su sc i d t . r s rL nowledged that he (she, they) executed it. OFFICIAL SEAL. WTNESELmy harA a ofil 'al seal Dx"NISE L SAILIN i LVA -AA SA r NOTARY PUB! IC -OREGON COMMISSION NO.058818 Notary Public for Oregon. COMMISSION EXPIRES OCT. 24 My Commission expires: _k 17t STATE OF OREGON ) ss. County of _ ) On thi "flay of , in the year 1 ,before me, a Nota PTbli�c,ersonally appeared �p r� Wally known to me (or proved to e o he basis of satisfactory evidence) to be the p rson(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. TNESSmy hand nd fficial eal OFIFICIAL SEAL DENISE L BAILEY Notary Public for Oregon. NOTARY PUBLIC -OREGON M Commission expires: 1 O_� _ COMMISSION NO.05881a Y P Y COMMISSION EXPIRES T, 24 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE 7 R N W WQ { 1 cS u! �•c. 102. e d CR- 2Z`141 ADDRESS TELEPHONE: S41 --a 84^7 d 1 � Page 1 of 2 516 1276 EXHIBIT "A" 169 OU69- DAVID EVANS AND ASSOCIATES, DESCRIPTION OF ROADS TO BE VACATED NASHUA LANE, SECRETARIAT DRIVE, MAN O WAR DRIVE AND WHIRLAWAY ROAD; ALL IN THE PLAT OF WILD HORSE MEADOWS LOCATED IN SECTION 35 OF TOWNSHIP 14 SOUTH AND RANGE 10 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. EXCEPT FOR THAT PORTION OF WHIRLAWAY DRIVE VACATED WITH THE PLAT OF THE RIM AT ASPEN LAKES. REG51STEPtED ELAND OFESSIONAL SURVEYOR K. OREGON AAIt-jo. ..,6 DAVID K. BATEMAN IOU o:\cyrx0004\vacat.doc Outstanding Professionals ... Outstanding Quality EXHIBIT "B" 169 - 0 0 7 0 516 - 1277 MEMORANDUM DATE: August 19, 1998 TO: Board of County Commissioners RE: Road Department Report Vacation of Certain roads as platted within Wild Horse Meadows Subdivision This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of-way. A County governing body may make a determination about a vacation of property without a public hearing, pursuant to ORS 368.351 (1), 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 proceeding 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 requesting the vacation of roads within Wild Horse Meadows (attached as "Exhibit 1") from Aspen Lakes Development LLC, DGF Investment Company and Faith Family Limited Partnership, Matthew Cyrus, Don Abbott, Terrence B. Burke, Peggy Lindsay, Donald Jacobson, KMB Enterprises and Kathy Deggendorfer, Trustee of Gertrude Boyle. These signatures constitute 100 percent of the property abutting the proposed roads to be vacated and indicates said owners' approval of said vacation. David Evans and Associates are in the process of replatting a portion of Wild Horse Meadows and have provided a copy of the phased Tentative Plan for Golf Course Estates at Aspen Lakes for review. Prior to recording Phase 2 of Golf Course Estates at Aspen Lakes, a condition of approval requires the vacation of all of Nashua Lane, Secretariat Drive, Man O War Drive and Whirlaway Road within the Wild Horse Meadows Subdivision. The legal description of the proposed vacation is attached as "Exhibit 2". A map showing the general location of the proposed vacation is shown as "Exhibit 3". "Exhibit 3" also shows the ownership of each affected lot by this vacation. Vacation Report Wild Horse Meadows Page 2 of 3 DISCUSSION: 516 1278 169 -OU71 On July 14, 1998, the Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Pacific Gas Transmission Company: No response Squaw Creek Irrigation: No response Central Electric Cooperative: No response. Pacific Power and Light: No response. US West Communications: No response Cloverdale Fire Department: No response Deschutes County Property Management: Jim Bonnarens response: Deschutes County has no interest in the proposed vacation. Access to County owned parcels will not be affected. Deschutes County Community Development: Paul Blikstad — No response; Kevin Harrison — No response; Ed Pecoraro — No response. Deschutes County Legal Counsel: No response. Bureau of Land Management: — Phil Paterno - No response. U.S. Forest Service: No response. Oregon Department of Fish and Wildlife: 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 public road rights of way proposed for vacation were dedicated to the public and accepted as public road right of way per the official plat of Wild Horse Meadows recorded July 12, 1979. 2. These road rights of way do not provide access to any public lands, rivers, or streams. 169 0072 Vacation Report Wild Horse Meadows Page3of3 51 1279 3. There appear to be no utilities lying within this proposed vacation. Any easement or right of way required for utilities is to be provided for in the replat. 4. These road rights of way are not currently being used for access to any of the adjoining land. 5. It is the assessment of the county road official that the vacation of the public road rights of way described in the attached "Exhibit 2" is in the public interest as it will allow the development of the surrounding property in accordance with the approved land use decision. 6. Pursuant to ORS 368.351 (1), a public hearing is not required since the proceeding for vacation was initiated by a petition containing acknowledged signatures of 100 percent of the property owners abutting the road rights of way proposed to be vacated. RECOMMENDATION: Based on the above findings, the Road Department recommends approval of Order No. 98-112 vacating the described roads within Wild Horse Meadows, contingent upon the filing of the replat of Wild Horse Meadows (Phase 2 of Golf Course Estates at Aspen Lakes). 169 0073 EXHIBIT"'I" 516 °- 1 2 8 0 gomD PETITION FOR VACATION OF A PUBLIC ROAD "JUL-- 9199&1 TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS t;�--CE10%r-.V-' 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: See attached exhibit A Located in Section 35 T14S RIDE WM , Deschutes County. Reason for road vacation request: Approved tentative plan for GOLF COURSE ESTATES at ASPEN LAKES which replats over WILDHORSE MEADOWS:and.the srteets described in exhibit A. DATED this 1 day of July , 1998 NAME ADDRESS Aspen Lakes Development LLC 17204 Hwy 126 Sisters, OR 97759 DGF Investment Company 2746 Front St. NE and Faith Family Limited Partnership Salem, OR 97303 STATE OF OREGON ) "° �"'- cce ss. I,...�- 6� County of d Ma'r'�� ) 1 l�r't'n.�sV.\�• On this G' day of , in the year 19 n, before me, a Notary Public, personally appeared personally known to me to be the person(.4 whose name(a) is(are) subscribed to this instrument, and acknowledged that he (sloe; #tey) executed it. WITNESS my and and official seal OFFICIAL SEAL Notary Public for Oregon. DEBORAH J. ROTH 1 \ NOTARY PUBLIC - OREGON My Commission expires: "� q COMMISSION NO. 040792- MY 40792MY COMMISSION EVIRES JAN. 21,1999 Page 1 of 2 169 -0074 PETITION FOR VACATION OF A PUBLIC ROAD 516 1281 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: SI-ee_ Located in -srcby .- � Ti V S i IDE , Deschutes County. Reason for road vacation request: Approved tentative plan for GOLF COURSE ESTATES at ASPEN LAKES which replats over WILDHORSE MEADOWS and the streets described in EXHIBIT "A". DATED this �_ day of S r,Lc,, 19. NAME ADDRESS CITY STATE ZIP / 5. k�� k I rd"? Cy/,# WrWa le, 1W S&45 dr q773 -q vu STATE OF OREGON OFFICIAL SEAL SS. CHERYI. REINERTSON County Of ,�� NOTARY PUBLIC -OREGON ty ) COMMISSION NO. 307895 MY COMMiS51GN E3(PIRE5 JAN: 9,2W2 Ont iso day of, in the year 19 ,before me, a Notary Public, personally appeared L� ACI:02 r1 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. WI0P'SS m7j and official seal Notary' P lic for Oregon. My Commission expires: Qzk o� a Page 1 of 2 169 - 0075 STATE OF OREGON ) 516 1282 // ) ss. County of 5j�efu r� ) On this -ts±✓day of L , in the year 19 zibefore me, a Notary Public, personally appeared ATT" "�z ci ,r2�-� personally known to me (or proved to me on the basis6f satisfactory evidence) to be the persorg#whose name( Is re) subscribed to this instrument, and acknowledged that he (she, they) executed it. OFFICIAL. s>ral. WITNESS d and fficial seal MWE A WSELL NOTARY PUBLIC -OREGON Notary P I' for Oregon. COMMISSION NO. 049M M�f AI�iLvi498ION EXPIRES NOV. 19, 1999 My Commission expires: STATE OF OREGON ) ss. County of ) On this day of , in the year MIS, bef re me, a Nota P blic, personally appeared 0Iersonally known to me (or proved to Fne on'fhe basis of satisfactory evidence) to be the person(s) whose name(s) is(are) su sc ' ed t is,rs nowledged that he (she, they) executed it. OMCIAL gam, WTNESqmy ha and offi 'al seal DVISE L DAILEY r NOTAF1Y PUBLIC -OREGON COMMISSION NO. 058818 Notary Public for regon. COMMISSION EXPIRES OCT. 24 My Commission expires: STATE OF OREGON ) ss. County of ) On thi "�iay of , in the year 19j , before me, a Nota Publics .ersonally appeared r d -p r� sonally known to me (or proved to e o he basis of satisfactory evidence) to be the p rson(s) whose names) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it TNESS,,my hand nd fficial eal OFFICIAL SIAL DENISE L DAILEY Notary Public for Oregon. NOTARY PUaLCOMMISSION O.OREmON M Commission expires: 1 d��!�CL COMMISSION NO, b58818 Y p Y COMMISSION EXPIREST. 24 I CERTIFY THAT THIS IS THE TRUE AND ORII]GIIN_AL- PETITION CIRCULATED BY ME. 7&.r) SIGNATURE 102, Wo. Ac5 (.t � �� ©p.q�7 ADDRESS TELEPHONE: S41 ••258q^i6 ( Page 1 of 2 169 0016 EXHIBIT "A" 51E; - 1283 DAVID EVANS AND ASSOCIATES, DESCRIPTION OF ROADS TO BE VACATED NASHUA LANE, SECRETARIAT DRIVE, MAN O WAR DRIVE AND WHIRLAWAY ROAD; ALL IN THE PLAT OF WILD HORSE MEADOWS LOCATED IN SECTION 35 OF TOWNSHIP 14 SOUTH AND RANGE 10 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. EXCEPT FOR THAT PORTION OF WHIRLAWAY DRIVE VACATED WITH THE PLAT OF THE RIM AT ASPEN LAKES. }tEGISTERED PROFESSIONAL LAND SURVEYOR' K' �Va OREGON DAVID K. BATEMAN 1055 o:\cyrx0004\vacat.doc Outstanding Professionals ... Outstanding Quality EXHIBIT "2" 169 -- 0077 516 _ 1264 DAVID EVANS AND ASSOCIATES, DESCRIPTION OF ROADS TO BE VACATED NASHUA LANE, SECRETARIAT DRIVE, MAN O WAR DRIVE AND WHIRLAWAY ROAD; ALL IN THE PLAT OF WILD HORSE MEADOWS LOCATED IN SECTION 35 OF TOWNSHIP 14 SOUTH AND RANGE 10 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. EXCEPT FOR THAT PORTION OF WHIRLAWAY DRIVE VACATED WITH THE PLAT OF THE RIM AT ASPEN LAKES. E EOFESSIONAL D SURVEYOR K. OREGON .Alt **.'" DAVID K. BATEMAN 1060 o:\cyrx0004\vacat.doc Outstanding Professionals ... Outstanding Quality b!J UU Wild Horse Meadows Road VacatioA , EXHIBIT "Y y , / y *� k ANDER$ON,LEWIS r ti �` 11 >• li 4 f 1> ,YS f u x JACOBSON,DONALDC(CB) ,vs �,�1 j aFi o r. t: t tg r k? q+' N,R ° h i1. 1. e � \ - 9 � 1 } !' r• 7` m A., �, try rr t � � ,� Ic � N �tv�f 1+Z r e p ray- �r 1 r 4 � W E 1 t # t r q wk p i ht 9s Y� 9�51�1 S AS N ES PM NT LLCM 1 { fi re tr ,t :MRKE,TE NCE B -�a rDEOGENDQRPER,KATIiY, TRUSTEE OF t r 4 ww �•t S K 11`M ' t t r w 1'N'� t at w a at a w C BOYLE,GEfiTRUDE x 1000 0 1000 2000 Feet Note: All affected parcels that are un -labeled are owned by Aspen Lakes Development Section Lines Roads to be Vacated Parcels //County Roads k, 3 Affected Lots 500 Foot Buffer Sec 35, T1 4S, R1 OE, Wm. July 21, 1998 The inion. anon this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the creation ofthis map. Deschutes County cannot accept any responsibility for mars, omissions, or positional accuracy and, therefore, there are no warranties which accompany this product. However, notification of anv errors will be appreciated. D£SCilUTES COUNTY ROAD DEPART F.NT GIS D1MON John Andersen, GIS Specialist Phone: (541) 380 6581, email: john@deschutas.org 81150 S.E. 27th St., Bend, OR, 07702 it 5 s EXHIBIT "C" 169 -- 0079 616 M 1286 DAVID EVANS AND ASSOCIATES, DESCRIPTION OF ROADS TO BE VACATED NASHUA LANE, SECRETARIAT DRIVE, MAN O WAR DRIVE AND WHIRLAWAY ROAD; ALL IN THE PLAT OF WILD HORSE MEADOWS LOCATED IN SECTION 35 OF TOWNSHIP 14 SOUTH AND RANGE 10 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. EXCEPT FOR THAT PORTION OF WHIRLAWAY DRIVE VACATED WITH THE PLAT OF THE RIM AT ASPEN LAKES. pgEGISTEFtED PROF ESStONAL LAND SURVEYOR �4 K. W OREGON A.kv :u. "" QAV10 K. HATEMAN 1064 how 12-3 1-9 9 Outstanding Professionals ... Outstanding Quality I o:\cyrx0004\vacat.doc ccz Z < R a NI 3 W �- r Y z z z < < D N � = N more av = O_WYV O V zlo Wm ~ p dvs3 O O C C z ,=�cz O Y � = % °Lzoe 3WO= r0 of V _ocv_ I o:\cyrx0004\vacat.doc