1998-51990-Order No. 98-151 Recorded 10/30/1998;.;
98-51990
519 0727
98-489'72
169 - 2432
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
98 OCT 30
An Order Vacating a 12 foot Public UtilityEasement lying
een lots 8
d 9 in
Block 4 of Somerset SuSubdivision, CG(/f�TY
Phase One CLERK
located in Deschutes County, Oregon
ORDER NO. 98-151
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 "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.
'CHE
ORDER NO. 98-151 - PAGE 1
o�. cis
MICROFILMED 1".0
Nov
Nov 1999 .,,
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169 „ 2433
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 A8 day of 6!/-, , 1998.
EST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOA5D OF COUNTY COMMISSIONERS
O SCHUTK,--1�OUN*, OREGON
Will, I Fl 9, -'M'
I B _V. off, .' I L
ROOERT L. NIPPEWCOMMISSIONER
DA L. SWEARINGEN, COMMISSIONER
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 28 day of
ORDER NO. 98-151 - PAGE 2
My Commission Expires: 4— 18 -0l
OFFICIAL SEAL
ANFIA MUTCNIE
NOTARY PUBLIC -OREGON
fr COMMISSION NO. 061517
MY COMMISSION EXPIRES APRIL 18, 2001
519 0729
EXHIBIT "A"6 2434
PETITION FOR VACATION OF A
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.
Ckb;1�'6' SEE EXHIBIT "A" ATTACHED
Description ofto be vacated:
Located in the recorded Somerset, , Deschutes County.
�� Line has been adjusted. New Foundation now falls
Reason for amd vacation request:
over pre-existing easement. (Easement is not in use at this time)
DATED this a3 day of 11990'.
STATE OF OREGON )
ss.
County ofL�S� )
ADDRESS
r
On this_2,3, day of , in the year 19_,, before me, a Notary Public, ersonally known to
appeared
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.
WIT ESS my ha o Ici�sea!_.
KOFFICIAL SEAL Ota Public for gon.
GLEE SNYDER rY
NOTARY PUBLIC - OREGON My Commission expires: /O-.2 rD
MISSION NO. 306461
MISSION EXPIRES OCT 2, 2001
Page 1 of 2
519 0730
16q - Z435
STATE OF OREGON )
ss.
County ofC�� )
On this 9,4fhday of + - , in the year 19 �`� , before me, a Notary Public, personally
appeared Rn1000- CQ le, OAxA- -1b,�ri C 1 w Kaa h Co I e 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.
OFFICIAL SEAL WITN my hand d official seal
CHRISTY CHANG
COMMIPUBLIC
SION NO. 048938 Notary Public for regon.
. WCOMMI8 MEMP SNOV.14,1101 My Commission expires:
STATE OF OREGON
ss.
County of
On this day of , in the year 19before 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:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Page 1 of 2
JTEsc O. 519 0731
ENGINEER'S REPORT
Exhibit "B"
TO: Board of County Commissioners
169 ~ 2436
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: October 21, 1998
SUBJECT: Road Department Report
Vacation of a Public Utility Easement Within
Somerset, Phase One
This report is made pursuant to ORS 368.351(1), concerning the vacation of property
without a public hearing. A county governing body may make a determination about a
vacation of property without a public hearing 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 a vacation were initiated by a petition that contains
acknowledged signatures of 100 percent of the property owners abutting any
public property to be vacated.
Background:
Deschutes County received a petition from Robert and Patricia Cole and P. Fernald
requesting the vacation of a utility easement being 12 feet in width, lying 6 feet on each
side of the common line between lots 8 and 9, Block 4, in the recorded plat of Somerset,
Phase One, Deschutes County, Oregon.
The original property line between lots 8 and 9, Block 4, in the recorded plat of Somerset;
Phase One was adjusted at an earlier date. The utility easement that was located astride
the original property line between the adjoining lots was not relocated to follow the new
adjusted lot line. A new foundation on lot 8 falls over this pre-existing easement on lot 8
owned by Mr. and Mrs. Cole. The petitioners wish to correct this earlier oversight as the
easement cuts through their properties rather than running along their common property
line. One of the petitioners, Robert Cole, contacted the various utilities and discovered
Quality.Services Performed with Pride
519 0732
169 m 2437
that they had no need for the easement. Thus, the petitioners decided to proceed with the
vacation of the utility easement rather than move it over to the new readjusted common
lot line between their two properties.
Discussion:
The Road Department mailed out notices to all the utilities serving the area to determine
if there was any interest in maintaining a utility easement. No response has been
received, thus, we've concluded that the utility easement may be vacated. The utilities
notified of the utility vacation request were: Arnold Irrigation District, Cascade Natural
Gas, Avion Water Co., Inc., Central Electric Cooperative, and US West Communications.
A field trip to the site showed no above ground facilities in the area of the easement. Mr.
Cole, one of the petitioners for this utility easement vacation has checked with all of the
concerned utilities and they reconfirmed with him that they do not need the easement and
aren't opposed to the proposed vacation of the easement.
Findings:
It is the Engineer's assessment that this vacation is in the public interest as the reservation
for a utility easement not needed across the applicant's properties. The vacation of the
unused utility easement will allow for the development of this land as planned by Mr.
Cole in the construction of his home on lot 8.
The Road Department has verified that a petition under ORS 368.341 has initiated
proceedings for this vacation and contains the acknowledged signatures of the owners of
100 percent of the property abutting the proposed vacation.
Recommendation:
It is the Engineer's recommendation that the Board approve the vacation of the reserved
easement as described in the attached Order No. 98-151.
The vacated property shall vest with the rightful owner holding title according to law, in
accordance with ORS 368.366.
EXHIBIT "C"
UTILITY EASEMENT DESCRIPTION
FOR VACATION PURPOSES
A utility easement being 12 feet in width, lying 6 feet on each side of the common
line between lots 8 and 9, Block 4, in the recorded plat of Somerset, Phase One,
Deschutes County, Oregon, said easement being described as follows:
Beginning at the Northeast corner of said Lot 8; thence South 000 25' 41" East a
distance of 428.49 + feet to the southeast corner of said Lot 8, the point of
terminus of this description.
PROFES-SfONAL
REGISTERED
LAND SURVEYOR
ORVG O N
MICHAEL J. BERRY
1ULY 26, 1989
2390
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