1999-123-Order No. 99-022 Recorded 3/11/1999VOL: CJ1999 PAGE: 123
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Mar. 11, 1999; 3:23 p.m.
Order (CJ)
NUMBER OF PAGES: 11
MtCROflIt�ED
MARY SUE PENHOLLOW
APR 0{ 11999
DESCHUTES COUNTY CLERK
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MAC999
C,T /999- la3- /
VOL: 1999 PAGE: 14475
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
RECEIPT NO:
DOCUMENT TYPE:
FEE PAID:
Mar. 24, 1999; 10:49 a.m.
3733
Vacation (Road)
NUMBER OF PAGES: 10
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
*1999-14475 *Vol -Page 03/24/1999 10:50:27
17
REVIEWED `_�
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE @6tfid`'��Et''01V
LEGAL C�OUNSTL
An Order Vacating a portion of the 1913
J.S. McVey Road, located in Section 6, * 99 MAR I I PIS 3: 23
Township 14 South, Range 13 East, W.M
in Deschutes County, Oregon MARY S:�E i`iJi,ICLLC'N
COUNTY CLERK
ORDER NO. 99-022
WHEREAS, proceedings for vacating a portion of the 1913 J.S. McVey Road in
Deschutes County, were initiated by a petition filed by owners of property abutting said road
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 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 Off'icial'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.
ORDER NO. 99-022 - PAGE 1 of 2
9�-IVV7,5--�
Section 4. That the property, vacated in Section 2 herein shall vest with Parcel 3 of
Partition Plat 1994-27, in accordance with ORS 368.366(2).
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 thisy - day of '1999.
ATTEST:
Recording Secretary
STATE OF OREGON
�SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
Before me, a Notary Public, personally appeared a�"'^^ 1 C\A/r �I,tPCRYQC-"'Ti<, T. N. DEWOLF
and DENNIS R. LUKE, the above-named Board of County Commissioners of Deschutes County,
Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
ORDER NO. 99-022 - PAGE 2 of 2
EXHIBIT "A"
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: A portion of the 1913 J.S. McVey Road as established on January 13,
1913 in Crook County Commissioner's Journal Book 5 Page 549 lying within the SE 1/4 of Section 6,
Township 14 South, Range 13 East, W.M., Deschutes County, Oregon, and being more particularly
described as follows:
That portion of said 1913 J.S. McVey Road lying north of the northerly right-of-way line
of NW Ice Avenue and east of the easterly right-of-way line of NW 43 d Street as shown
on Detail "B" on sheet 2 of Partition Plat number 1994-27 (MP -92-40) filed in Plat
Cabinet 1 page 361 of the Deschutes County Clerk's Office.
Reason for road vacation request: When right-of-way was acquired during road realignment, County agreed
to vacate old right-of-way.
DATED this 9th day of February '1999. .
ADDRESS
CITY STATE ZIP
STATE OF OREGON
ss.
County of Deschutes
On this 9th day of February , in the year 1999; before me, a Notary Public, personally appeared
Stephen Abbey 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
M A WESTCOTT
NOTARY PUBLIC -OREGON
lot COMMISSION NO. 312580 .
MYMMISSION EXPIRES JUNE 28, 2002
WITNESS my hand and official seal
711 II &A110
Notary Public for Oregon,
My Commission expires: 06-28-02
Page 1 of 2
STATE OF OREGON
SS.
County of Deschutes
9y- /YyZs t`
On this Stn day of _February , in the year 1999, before me, a Notary Public, personally appeared
Tina Abbey 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)
OFFICIAL SEAL
M A WESTCOTT WITNESS my hand and official seal
NOTARY PUBLIC -OREGON j�11[d, A L
COMMISSION NO. 312560 Nota Public for Oregon.
MY COMMISSION EXPIRES JUNE 28, 2002 Notary g
----- My Commission expires: 06-28-02
I CERTIFY THAT THIS IS THE TRUE AND ORIGINA PETITION C RCCULATED BY ME.
SIGNATURE
�l
ADDRESS J
TELEPH0NEI,-LIE 0
Page 1 of 2
�y - / �z,�l 7-F - 5 -
EXHIBIT NB"
.{ Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 - FAX (541) 3BB-2719
MEMORANDUM
TO: Board of County Commissioners
FROM: Dick Johnson, Management Analyst
DATE: February 12, 1999
SUBJECT: Engineer's Report
The Vacation of a portion of the 1913 J. S. McVey Road in Deschutes
County Oregon was initiated by Steve and Tina Abbey.
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 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 Steve and Tina Abbey requesting the vacation
of a portion of the 1913 J. S. McVey Road. The segment of roadroposed for vacation
lies immediately north and east of the intersection of NW 43r Street and NW Ice
Avenue. The petitioners are the sole property owners abutting the proposed right-of-way
vacation. The general. location of the 1913 J. S. Mc Vey Road is shown on the map
attached as Exhibit "I".
The segment of J. S. McVey road proposed for vacation was established on January 13,
1913 in Crook County Commissioner's Journal Book 5 Page 549 lying within the SE '/4
of Section 6, Township 14 South Range 13 East, W. M., Deschutes Oregon, and being
more particularly described as follows:
Quality. Services Performed with Pride
That portion of said 1913 J.S. McVey Road lying north of the northerly right-of-
way line of NW Ice Avenue and east of the easterly right-of-way line of NW Ice
Avenue and east of the easterly right-of-way line of NW 43rd street as shown on
Detail `B" on sheet 2 of Partition Plat number 1994-27 (MP -92-40) filed in Plat
Cabinet 1 page 361 of the Deschutes county Clerk's Office.
SUBJECT TO the reservation of a utilities easement in and upon all of the property, for
the purpose 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, it's
agents, licensees and permittees; forever.
The applicant's have requested the vacation of this right-of-way because it severs a small
portion of their property from the remainder of their property. The small segment of
right-of-way .proposed for vacation has not been utilized for roadway purposes and
Deschutes County has no need for the right-of-way for transportation uses.
Discussion:
The proposed right-of-way to vacated lies within an area zoned Exclusive Farm Use,
Terrebonne (EFUTE). The small parcel of land owned by the petitioners lying west and
south of the right-of-way proposed for vacation is rocky and not in agricultural use. The
petitioner's land that is located to the east and north of the right-of-way proposed for
vacation are the petitioners actively farmed irrigated land. The petitioners desire to
consolidate their property and not have it bisected by this old right-of-way.
The Road Department mailed preliminary notices of the proposed vacation tothe affected
utilities and agencies. Their responses are as follows:
Pacific Gas Transmission Co. No response.
Central Electric Cooperative: No response.
Pacific Power and Light: No response.
U. S. West Communications: No response.
North Unit Canal: No response.
Redmond Fire District: No response.
Deschutes County Property Management: Jim Bonarens responded that Deschutes
County property Management had no interest in the proposed vacation of that portion of
the 1913 J. S. McVey Road.
V�- 1,H17-5
Deschutes County Community Development: No response
Findines•
Based upon preliminary responses, and the Department's research of the proposed
vacation, the Road Department makes the following findings:
1. The right-of-way proposed for vacation was dedicated for road purposes on January
13, 1913 in Crook County Commissioner's Journal Book 5 Page 549 lying within the
SE '/4 of Section6, Township 14, South, Range 13 East, W. M., Deschutes County
Oregon.
2. A utility easement needs to be reserved in and upon all of the property for the purpose
of providing for any existing utilities and any future utilities at this location.
3. This portion of the 1913 J.S. McVey Road was never constructed and open for traffic.
4. The petitioners were not originally aware that the right-of-way for the 1913 J.S.
McVey Road existed. (They first became aware of the right-of-way when they
partitioned their property in Partition Plat 1994-27.)
5. The petitioners wish to consolidate their property and not have it bisected by a public
road right-of-way.
6. The property adjoining this right-of-way is zoned EFUTB (Exclusive Farm Land in
the Terrebonne Subzone.
7. All of the property adjoining this property to the north and east is in agricultural use
while the property to the south and west is rocky ground that is fallow.
8 None of the adjoining property owned by the. petitioners uses this right-of-way for
access and they take access from NW Ice Avenue on which they have legal access.
9 The 1913 J.S. McVey Road would have been classified as a rural local road on the
Deschutes County Transportation Plan, if it had been shown on any of our local maps.
10 Per ORS 368.366, vacated property shall vest in the owner of the land abutting the
vacated property by extension of the persons' abutting property boundaries to the
center of the vacated property.
11. That the portion of the 1913 J.S. McVey Road to be vacated shall vest with Parcel 3
of Partition Plat 1994-27 in accordance with ORS 368.366 (2).
ff- 1�1,1-17-5-- f
Recommendation:
It is the Engineer's assessment that the vacation of this public road right-of-way in the
public interest. The Road Department recommended that the Board approve the vacation
of this public right-of-way as described in the attached Order No. 99-022.
That the property, vacated in the Order herein shall vest with Parcel 3 of Partition Plat
1994-27, in accordance with ORS 368.366(2).
EXHIBIT "C"
Vacation of a Portion of the 1913 J.S. McVey Road
A portion of the 1913 J. S. McVey Road as established on January 13, 1913 in Crook
County Commissioner's Journal Book 5 Page 549 lying within the SE 1/4 of Section 6,
Township 14 South, Range 13 East, W.M., Deschutes County, Oregon, and being more
particularly described as follows:
That portion of said 1913 J.S. McVey Road lying north of the northerly
right-of-way line of NW Ice Avenue and east of the easterly right-of-way
line of NW 43rd Street as shown on Detail "B" on sheet 2 of Partition Plat
number 1994-27 (MP -92-40) filed in Plat Cabinet 1 page 361 of the
Deschutes County Clerk's Office.
SUBJECT TO the reservation of a utilities easement in and upon all of the property; for
the purpose 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, it's
agents, licensees and permittees; forever.
PROFESSIONAL
REGISTERED
LAND SURVEYOR
OREGON
MICHAEL J. BERRY
JULY 26, 1989
2390
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J:\DATA\WORD\MJB\VACATE\movey-vaoate-lgl.doo
01/13/99 1:23 PM
mjb
1000 0 1000 2000 Feet
County Line
River
Section Line
County Road
Vacation
[� Parcels February 25, 1999
m DESCHUTES COUNTY
ROAD DEPARTMENT
I fi1S DIVISION
John Ambrwn, 018 IMbiist
Pow: (541) 36&8581, imk i0maNdmAn eig
81150 81, 27th Ift. G" 0R 0770
Vicinity Map