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1998-57923-Order No. 98-168 Recorded 12/4/1998.:f z .7 - 0377 5Z4 • 98-•57923 � BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COU -1--f,24 U I 98-54721 An Order Vacating a, portion of 15th Street 98 DEC _3 PH 1: (formerly known as E.A. Knotts County Road) in Deschutes County, Oregon. MAr Y SUE- PENHOi_LOW .COUNTY CLERK ORDER NO. 98-168 WHEREAS, proceedings for vacating a portion of 15th Street (formerly known �s E.A. Knotts County Road) in Deschutes County, Oregon, were initiated by a Detitim filed by owners of property abutting said road pursuant to ORS 368.341(1) (c); �(�rd,' c WHEREAS, said petition meets the requirements of ORS 368.341(3); and �- WHEREAS, said petition contains the acknowledged signatures of owner, lit percent of property abutting the property proposed to be vacated and indic to sh m owners' approval of said vacation; and c„ o� 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 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 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. 1 nw;!n 1AICROF1LMEQ ORDER NO. 98-168 - PAGE 1 DE 2 1998 DEC3 � 1998 170 - 0378 5?,4 - 2146 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. BOARD OF COUNTY COMMISSIONERS OF DESCHUT�COUNIJY, OREGON NAN ST: Recording Secretary L STATE OF OREGON ) )SS. County of Deschutes ) RT L. NIPPER, N, CHAIR SSIONER 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 A5 day of : '1998. NOTARY PUBLIC FOR O My Commission Expires: 4--1,Q -01 zmb OFFICIAL SEAL ANITA MUTCHIE ! NOTARY PUBLIC -OREGON COMMISSION NO. 061517 MY COMMISSION EXPIRES APRIL. 18, 2001 ORDER NO. 98-168 - PAGE 2 EXHIBIT "A" 524 - 2147 17® - 0379 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: Pt QOr ) on ©-t' 15 Located in 59- cr, )S 16 , Deschutes County. T 1$S K 12 a Reason for road vacation request: T ri 19*1 -7 11 4x c Q n %&. -,dor c6dl -�- DATED this It] ] h day of ►�1_PL STATE OF OREGON ss. County of ADDRESS J "P2_ CITY STATE ZIP .? O S OS MIT %n Rd Be (* t�2 3a n 2 0 Y�Ur h etd OR 9I-702 6 On thisday of , in the year 1d?, before me, a Notary Public, personally appeared 714 jJA7?])d4,aa --M& WQQ 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. TNESS.my h d nd pfficial seal OFFICIAL SEAL DIANE E SULLIVAN otary Public for—Oregon. y" NOTARY PUBLIC -OREGON ✓' My Commission expires: COMMISSION No. 036194 MY COMMISSION EXPIRES AUGUST21,1998 Page tof 2 STATE OF OREGON ss. County of 170 - 0330 524 - 2148 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. STATE OF OREGON ss. County of WITNESS my hand and official seal Notary Public for Oregon. My Commission expires:. 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 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 Notary Public for Oregon. My Commission expires: I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. JVD K. SIGNATURE 0 Q; d u I f -C 102 ADDRESS Q d P q-7-70( TELEPHONE: SLi I - 3 8 pJ " -Z Page 1 of 2 0 TEsc70 �° 0381 $24 2 4' O� Road Department F:+ y.+ A TO FROM: DATE EXHIBIT "B" MEMORANDUM Board of County Commissioners 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 Dick Johnson, Management Analyst, Deschutes County Road Department November 16, 1998 SUBJECT: Engineer's Report Vacation of a portion of 15th Street (E.A. Knotts Road) 1998 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 without a public hearing if: (1) The county 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 the J.L. Ward Company, Jan Ward and Josele Ward, requesting the vacation of portion of 15th Street, formerly known as E. A. Knotts Road located south of Ferguson Road and north of Knott Road. The petitioner is the sole property owner abutting the proposed right-of-way vacation. The location of the area proposed for vacation is shown on the map attached as Exhibit "C". The landowners, Jan and Jody Ward, deeded land for a realigned 80 foot right-of-way in 1977 in exchange for the vacation of the old E. A. Knotts Road, now named SE 15th Street, lying outside the 80 foot right-of-way. The vacation did not occur in 1977 for whatever reasons. The earlier failure to vacate this right-of-way has been brought to our attention by Mr. Bateman, representing the petitioner, J. L. Ward Company, and we have been requested to proceed with this right-of-way vacation. Discussion: Quality Services Performed with Pride ��a � Z15� 170 °� 0382 The portion of road right-of-way proposed for vacation lies within the Bend UGB, Urban Growth Boundary. Although operational jurisdiction of this road has been turned over to the City of Bend, Deschutes County still has responsibility under State Statute for road vacations within the unincorporated urban area. The property adjoining the right-of-way proposed for vacation is zoned RS, Urban Standard Residential. No road improvements exist within the right-of-way area proposed for vacation. From evidence on the ground, no above ground exist within the right-of-way section proposed for vacation. There also was no evidence of underground utilities within this section of right-of-way. The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Bend Cable: No response. Cascade Natural Gas: No response. Avion Water Company: No response. Central Oregon Irrigation District: No response. Pacific Power & Light: No response. US West Communications: No response. City of Bend: No response. Bend Fire Department: No response. Deschutes County Legal Counsel: No response. Deschutes County Community Development: No response. Recommendation: It is the Road Department's assessment that the proposed vacation is in the public interest. This property is not needed for roadway purposes since the road was constructed in the alignment established in the 1977 dedication. There are no utilities lying within the proposed vacation. The Engineer recommends that this right-of-way be vacated without a reservation for utilities. The vacated property shall vest with the abutting property owner in accordance with ORS 368.366. EXHIBIT "C" 524 - 2151 170 - 0333 DAVID EVANS AND ASSOCIATES, log NW Wall Street Suite ioz Description of Knotts Road Right -Of -Way Bend, Oregon 9970 To Be Vacated Tel: 541.389.7614 Fax: 541.389.7623 That portion of the E.A. Knotts County Road in Deschutes County, Oregon, whose final order establishing said road was recorded on May 9, 1913 in Crook County Commissioners Journal, Volume 5, Page 102, lying within the following described property; Parcel One: That portion of the southeast quarter of the southeast quarter of Section 9 in Township 18 South and Range 12 East of the Willamette Meridian, lying south of the southerly boundary of the plat of NOTTINGHAM SQUARE FIRST ADDITION, and lying outside of the right-of-way conveyed to Deschutes County in Volume 249 Page 751 through 754, deed records, Deschutes County. Parcel Two: That portion of Sections 15 and 16 in Township 18 South and Range 12 East of the Willamette Meridian, excepting the southerly 30 feet, lying outside of the right-of-way conveyed to Deschutes County in Volume 249, Page 751 through Page 754, Volume 253, Page 92 through 95, Volume 255, Page 927 through 929 and Volume 255, Page 930 through 934, deed records Deschutes County. [REGISTERED PROFESSIONAL 11 LAND SURVEYOR OREGON AVID K. BATEMAN t06a 12.31'°16 8/13/98 o:\jlwx0036\vacat1on.doc Or+tstanding Professionals ...Outstanding QunlitySITIAIR 0- Proposed 15th St. Vacation 524 215 2 e.\cWa\arcWemAroaMepNdi"dteenth\vacaticn.apr 1?® - 0335 5 2 4 21,5 STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) I, MARY SUE PENHOLLOW, COUNTY CLERK AND RECORDER OF CONVEYANCES, IN AND FOR SAID COUNTY, DO HEREBY CERTIFTHAT HE WITHIN INSTRUMENT WAS RECORDED THIS DAY: 8 DEC -3 PM MASSY St`+� �'E Nil RKY BY.M 7 DEPUTY N0. 9S.54727 FEE lore DESCHUTES COUNTY OFFICIAL ORDS