1999-755-Resolution No. 99-038 Recorded 6/10/1999VOL: CJ1999 PAGE: 755
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-755 * Vol -Page Printed: 06/16/1999 08:46:22
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Jun. 10, 1999; 12:32 p.m.
Resolution (CJ)
NUMBER OF PAGES: 9
Lv�-t 0., 0,-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KE1,: CHED
JUN
l�1 1999
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE CO(�6
;REGN
A Resolution Initiating the Vacation of all of the 1902 W. T. Davenport
Road located in Section 15, Township 17 South, Range 12 East WM
in Deschutes County, Oregon, Describing the Property Proposed to be RECEIVED
Vacated, the Reasons for the Vacation, and requesting that the County * JUN 10 1999
Road Official file a Report.
DESCHUI ES
RESOLUTION NO. 99-038 COUNTY CLERK
� , 3::), QrL_.._
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned
for vacation of a public road known as all of the 1902 W. T. Davenport Road located in Section 15,
Township 17 South, Range 12 East WM in Deschutes County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest
to consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County,
Oregon, to vacate all of the 1902 W. T. Davenport Road described in Exhibit "A", attached hereto
and by this reference incorporated herein, because it appears the road is no longer needed for public
use, and will not be needed in the future.
Section 2. That the County Road Official shall file a Report with the Board of Commissioners,
describing the ownership and uses of property to be vacated, and whether the vacation would be in
the public interest, within fourteen (14) days of the date of this Resolution.
DATED this day of '1999.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LIN AL.' WEARIN EN, CHAIR
T:
T. N. OLF, C ISSIONER
Recording Secretary _ _
NIS R. LUKE, COMMISSIONER
1 - RESOLUTION NO. 99-038
EXHIBIT "A"
All of the 1902 W.T. Davenport Road as established in the Crook County
Commissioners Journal Book 3, Page 317, located in that tract of land located in
the Northeast one-quarter of Section 15, Township 17 South, Range 12 East of
the Willamette Meridian, Deschutes County, Oregon, said tract of land being more
particularly described as follows:
Beginning at the Northeast corner of said Section 15, thence along the Easterly
line of said Section 15 South 00°10'53" East 1323.27 feet to the North one -
sixteenth corner of said Section 15; thence along said Easterly line of said Section
15 South 00°12'06" East 1323.32 feet to the East one-quarter corner of said
Section 15; thence leaving said Easterly line of said Section 15 South 89042'48"
West 1311.33 feet to the Center East one -sixteenth corner of said Section 15;
thence North 00°19'31" West 231.50 feet to a point on the centerline of the
Central Oregon Irrigation District Pilot Butte Canal and the TRUE POINT OF
BEGINNING; thence along said centerline of the Pilot Butte Canal South
81°49'25" West 621.53 feet; thence continuing along said centerline South
8650'49" West 223.11 feet to a point on the Easterly right of way of Old
Deschutes Road; thence North 11'40'27" West along said Easterly right of way
7.31 feet; thence continuing along said right of way North 12043'25" West 50.27
feet; thence along said right of way 71.09 feet along the arc of a 700.00 foot radius
curve right, the chord of which bears North 09°48'51" West 71.05 feet; thence
North 06'54'18" West along said right of way 691.92 feet; thence along said right
of way 319.25 feet along the arc of a 702.53 foot radius curve right, the chord of
which bears North 06°06'49" East 316.51 feet; thence leaving said Easterly right of
way North 89°42'39" East 702.80 feet; thence North 00° 12'28" West 119.89 feet;
thence North 89°43' 13" East 832.40 feet; thence South 00'15'25" East 59.73 feet
to a point on the centerline of the Pilot Butte Canal; thence along the centerline of
the Pilot Butte Canal through the following courses and distances: thence South
23055'25" 202.75 feet; thence South 00°4942" West 206.20 feet; thence South
62002'45" West 147.31 feet; thence South 49°33'11" West 107.28 feet; thence
South 04°54'50" East 267.21 feet; thence South 20°13'08" West 100.84 feet;
thence South 3905435" West 104.62 feet; thence South 63°23'18" West 276.09
feet to the TRUE POINT OF BEGINNING.
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Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: Board of County Commissioners
FROM: Dick Johnson, Management Analyst, Deschutes County Road Department Y
DATE: May 28, 1999
SUBJECT: Engineer's Report: Vacation of a portion of 1902 Davenport Road
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 Vincent E. Gisler, Brian William Walker and
Barbara B. Rogen, requesting the vacation of portions of the 1902 W. T. Davenport Road
right-of-way located in the 13 lot Old Deschutes Subdivision. The Old Deschutes
Subdivision is located on the east -side of Old Deschutes Road on the north and west sides
of the Pilot Butte Canal. This section of the 1902 W. T. Davenport Road that is proposed
to be vacated is located entirely within the Old Deschutes Subdivision that was approved
by a December 3, 1998 Findings and Decision. The two ends of the section of the 1902
W. T. Davenport Road to be vacated abuts property owned by Brian William Walker and
Barbara B. Rogen and hence the need for these two property owners to sign the petition.
Due to a change in the Oregon Laws 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 vacate an old right-of-way that is located in an area being replatted as a new
subdivision. The 1902 W. T. Davenport Road has never been utilized as a road in this
area and is parallel to the Old Deschutes River Road that has been developed as the
north -south running road serving this area.
Quality Services Performed with Pride
Discussion:
The road right-of-way of the 1902 W. T. Davenport Road proposed for vacation lies
within Section 15, Township 17 South, Range 12 East, WM in Deschutes County. The
property is zoned SR2.5 (Suburban Low -Density 2.5 acre minimum lot size). The land
adjacent to the road right-of-way is undeveloped, being occupied by juniper trees and
brush. The private engineer, Tye Engineering & Surveying, Inc. who is designing the
proposed Old Deschutes Subdivision, discovered the existence of the old 1902 W. T.
Davenport Road right-of-way.
The petitioners represent all of the private properties abutting the section of 1902 W. T.
Davenport Road proposed for vacation.
No public utilities were observed in the area of the 1902 W. T. Davenport Road proposed
for vacation.
The Road Department mailed preliminary notices of the proposed vacation to affected
utilities and agencies. Their responses are as follows:
Avion Water Company: No response.
Cascade Natural Gas Company: No response.
Central Electric Cooperative: No response.
Central Oregon Irrigation: No response.
Pacific Power: No response.
US West Communications: No response.
City of Bend: Jack Wanichek of the Public Works Department responded: "No conflicts"
Bend Fire Department: No response.
Property Management: Jim Bonnarens responded: "Deschutes County has no interest in
the proposed vacation."
Community Development: Damian Syrnyk responded: "The Deschutes County
Planning Division approved a tentative subdivision plan for a 13 -lot residential
subdivision in the SR2.5 Zone through a December 3, 1998 Findings and Decision. This
decision was not appealed and become final on December 14, 1998. A copy is attached.
Please contact me at 385-1709 if I can be of further assistance. Damian Syrnyk, Associate
Planner. File No. TP -98-898."
County Counsel: 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 portion of the 1902 W. T. Davenport Road right-of-way proposed for vacation
has never been utilized as a road.
2. The Old Deschutes Road provides road access to the area that would have been
served by the section of the 1902 W. T. Davenport Road proposed for vacation.
3. There don't appear to be any utilities located within the 1902 W. T. Davenport Road
right-of-way proposed for vacation.
4. The right-of-way proposed for vacation lies within an area being platted as a
subdivision with streets serving the area and thus there no need for the unused 1902
W. T. Davenport Road right-of-way.
5. Surrounding zoning: All of the land bordering and surrounding the road right-of-way
segment to be vacated is zoned SR2.5.
6. The owners of the three parcels abutting this right-of-way are all in favor of and in
agreement with this proposed road vacation.
7. Per ORS 368.366, vacated property shall vest the owner of the land abutting the
vacated property by extension of the person's abutting property boundaries to the
center of vacated property.
Recommendation:
The County has maintained a policy of not vacating land that would leave any parcel
without frontage on a public road. The proposed vacation of this portion of a segment of
the 1902 W. T. Davenport Road does not leave any parcel without legal frontage on a
public road. It is the Road Department's assessment that the proposed vacation is in the
public interest. This right-of-way is not needed for roadway purposes since the nearby
Old Deschutes Road serves the area that the vacated portion of the 1902 W. T. Davenport
Road would have served, had it been developed.
The Road Department therefore recommends the vacation of a portion of the 1902 W. T.
Davenport Road with the following condition:
The vacated property shall vest with the abutting property owner in accordance with ORS
368.366.
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