2000-65-Order No. 2000-016 Recorded 2/3/2000VOL: CJ2000 PAGE: 65
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-65 * Vol -Page Printed: 02/04/2000 09:17:22
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:
Feb. 3, 2000; 1:00 p.m.
Order (CJ)
NUMBER OF PAGES: 17
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY NCH Q
F 042000
REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C UNT ,
&�N--
LEGAL COUNSEL
An Order Vacating the Alley lying in 00 FEB -3 PM is 00
Block 9 and Block 16 in Laidlaw
Subdivision, located in Tumalo in MARY SU- PE.,% OLLOW
Deschutes County, Oregon COUNTY CLERK
ORDER NO. 2000-016
WHEREAS, proceedings for vacating the Alley in Block 9 and Block 16 in Laidlaw
Subdivision located in Tumalo in Deschutes County, Oregon, were initiated by a petition
filed by owners of property abutting said alley 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 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.
ORDER NO. 2000-016 - PAGE 1
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(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 this �Pt day of u , 2000.
ATTEST:
45WWIA& ,y
Recording Secretary
STATE OF OREGON
County of Deschutes
)SS.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
DA L.,StlVEAKINGEN, CHAIR
S R. LAKE, VICE.CIMAIR
Before me, a Notary Public, personally appeared LINDA L. SWEARINGEN, DENNIS
R. LUKE, and TOM DEWOLF the above-named Board of County Commissioners of
Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of
Deschutes County, Oregon.
DATED this `� day 2000.
&Ak& LOFFICIAL SEAL
BONNIE BAKER
NOTARY PUBLIC -OREGON
COMMISSION NO. 321026
MY COMMISSION EXPIRES FEB. 23 2003
ORDER NO. 2000-016 - PAGE 2
lFa�-e- f;'1'V_kz1t1
NOTARY PUBLIC FOR OON
My Commission Expires: Z5 Z�G 3
PETITION FOR VACATION OF PUBLIC ROAD
To: Honorable Board of County Commissioners
December 6,1999... LETTER OF INFORMATION:
These notary statements were all sent out at the same time with this complete
information...
All responses are enclosed with this petition in the order of their return:
finally here is a response from everyone.
Please note this last letter that is a part of this collection:
Ownership information only:
Suzanne Van Uitert, et al
2419 NE Ravenwood Drive
Bend, Oregon 97701
Legal description:
Laidlaw (Tumalo)
Lot 7-8-9 Block 9
These three lots are owned by the Mooers Family... all four members are listed
alphabetically:
Marion J. Cantrell
James S. Mooers
Suzanne Van Uitert
Karen V. Walker
The first three owners have agreed to pay this petition filing fee $500.00 and
Karen V. walker has chosen not to participate.
This response from Karen Walker is, as always; she does not choose
to participate... (four Additional letters of request were mailed and a telephone
request was made November 24,1999).
Indeed, over the years, we have come to consider her the very silent
absentee property owner...
Sincerely,
Marion J. Cantrell
itert
Van
_/ Z'
OFFICIALSEAL
KATIE RAMSEY
NOTARY PUBLIC- OREGON
COMMISSION NO. 326246
MY COMMISSION EXPIRES AUG 15, 2003
EXHIBIT "A"
Page 1 of 11
March 4,1999
NOTARIZED DOCUMENT ENCLOSED:
I wrote this accurate landscape description of the street and alleys we propose to
vacate... I asked the Deschutes County Road Vacating Personnel to check it!
NOTE: The first sentence (4th Street from West line of Wood Ave. to the East It of
StrichlerAve.) is no longer a valid request as the Laidlaw Water District has
Declared its inter ion _to beep their 4th Street access.
You are being_ presented with the Counties word choice (map location)... And,
the agreed method of keeping the integrity of our original petition circulated by me.
(The first sentence would have a simple blue pen line drawn through it.)
As property owners adjacent to this alley crossing the last block of 4th Street
(referred to by this vacating petition) you need to present this Notarized `Petition for
Vacation of a Public Road' to a Notary of your choice. (Your bank may offer this service
free to its customers.) Your signature and address and date must be affixed to this docu-
ment only in the presence of a commissioned notary of your state.
Please, mail this back to me as quickly as possible: Marion Judith Cantrell
63037 Terry Drive
Bend, Oregon 97701
Thank you...
P.S. The Mooers family has agreed to pay the $500.00 Vacation Petition Fee.
EXHIBIT "A"
Page 2 of 11
TO: THE HONORABLE1 ,BOARD OF COUNTY COMM SSIONERS �p n
z Abad!
We, the undersigned, respectfully request the following described
road be vacated. 4th St. of ter Wood Ave. crossing & dead end at
Description of road to be vacated • irrigation ditch & Hwy 20 embankment+ alley
crossing this dead end of 4th St. & existing 1 block to end at Sth St. embankment & ditch + the
same alley crossing 4th St. A extending I blockto dead end at'- TumAlo School; property.
Located in (Block 9 & Block 16) Laidlaw (Tumalo) Deschutes County.
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
( -*7a.v/
We, the undersigned, respectfully request the following described
road be vacated.'�p
Description of road to be vacated: All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo) Deschutes County.
wvSi` //r/cv� +60 eG 57`' /i4 t I'i:
y .��re �T ,i',o� `��ooc11 ✓e nue 4e v SYr/cT1e.- Avoive
e j o c /t' (a � }l,r' Cv'51 d'v e P 44 r(94 G f
. w y. � ♦lea i3e„dl S,rlws 11.9�1,t.4Y ,
/N Pill., o T �wrCl I4�
1 UPJ ?ES CO`
Road `
(0 Z Department
i
GARY JUDD, P.E.
Traffic Egirwer
61150 SE. 27th Sc. Bend. OR. 97702
11A'O of 104 3,13•x(
Ur`JTES c0` Road I
0 1j Department I`
DICK JOHNSON
Management Analyst
(541) 388.6581 • FAX (541) 388.2719 i 61150 S.E. 27th St. • Bend. OR, 97702 I
Cell. (541) 480.90121 • E -Mail: garyjedescMRes.org ! (5411388.6581 • Fax (541) 388-2719
3�
�,.+a�l d�ak,jCco.dEsttiwzse�.oy.�,g //
(W4.ivm fires. D..% r:rj'F A/6/4? F-16-5. Dc-� y"Or .CC
Gam, C �4V
EXHIBIT A”
Page 3 of 11
I
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated. {�
4th -Street LRRa iR � �•IOOQ 7!•
Description of road to be vacated: ,r, All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo ) Deschutes County.
DATED this _Vkq day of .yu(s1 , 19
I certify that this is the true and original petition circulated by me.
SIGNATURE
(v'a03'
OFFICIALSEAL ADDRESS 01
Aro-,-'M OTARY PUBLIG OREGON
jj WOOWpg5bMj '%� �31,100Z
res
STATE OF OREGON,
` as.
County of.. .mgt-.�w. �-5•..... .
............ ;t�
da of. �O`r`� 19.".,
BE IT REMEMBERED, That on this. y -. - -• - �•�-- � - -••--� •--� --
before me, the undersigned a Notary Public in and for said County and State, personally appeared the within
named.Y`1�.i� t : 0 ,.... bh....�. ... .... ... .......-..........................................................................
.............................................................................................................................. .
............ .............................................................. _.
known to me to be the identical individual described in and who executed the within instrument an
acknowledged to me that Sin e— executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hgnd and affixed
my official seal the day and year last above written.
�0 FICIAL SEAL
JANICE L CLARK Ow.� ..............
NOTARY PUSUG OREGON
.... ........ ....................
CO MMISSIONNO.W201 Notary Public for Oregon.
WCOYM18p IWKSMAY31,2002 M mission expires....`.'' °c 1. .1... .........
Lm;�'�
EXHIBIT "A 6.214 oneoal wo
Pape 4 of 11 ----. ---
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated.
Description of road to be vacated: All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo) Deschutes County.
DATED this day of 19
NAME ADDRESS �A94
RICKI&XdRISP
N0: d2-ZSa2-2 - il.
I certify that this is the true and original petition circulated by me.
SIGNATURE
OFFICIALSEAL DRES
JANICE L CLARK �c1l �� —/ �j 72
AA,,77w���� L�
lwla�-
COYYIi810NN0.311201 T FPHl1N
We0WW SIONE70MKAY31,2N2
STATE OF OREGON,
County of...pc�w�-e S
BE IT REMEMBERED, That on this, daya-r__
before me, the undersigned, a Notary Publi in and for said Count and State . 1991,
Y , personally appeared the within
named ....LLC.a.Y�...��.w�`..�1.....-...`\................................ ...........
.........................
known to me to be the ide�ti 1 individual described in and who executed the within instrument ......an.d
..........
acknowledged to me that . executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the de and year last above written.
OFFICIALSEAL Y Y
JANICE L CLARK
NOTARY. SLID ORE0011Y . ...r..
... ..........................
COYY ION NO.311201 Notary Publ'c for Oregon.
L
COIIYIBSION RES W4Y 31,2002 M mmission expires....
EXHIBIT "X 6.214 CREOON soo
- - __-- Pape 5 of 11
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated. AU
-*-- i s Flt a • �
Description of road to be vacated: _'"� -; " All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo) Deschutes County.
ff
DATED this d day of � �;� 19 �.
4DDR
ii ,IF? 70
�u of bC
d.J
A.8 -Z J�6 FOe61t-i& c)A1 TNfi.S D9445
I certify that this is the true and original petition circulated by me.
Z -.L "'nit
SIGNATURE p
jAMIICIALI RK ADDRESS
E _
NCE LC
ARY PUBLIC- 7 /_
euwn�cuuo ''^J�
:h saa�EEcwY3l,soo2
STATE OF OREGON,
33.
County of.. .... � '�{.�!v a �tg
BE IT REMEMBERED, That on this. day of. ��!
before me, the undersigned, a Notarp Public i and for said Count and State 19�
y , personally appeared the within
.w.d. �.. �......_.... ...........
_..... ..... _ ...... ..............
...
known to me to be the identical individual described in and who executed the within instrumen.t... a'ndnd
acknowledged to me that S- . executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed
_ my official seat the day and year r last above written.
11 esz=wpFFICIALSEALJD
JANN:E L CLARK
NOTARYPUBUC-OREGONTie
..................................COMMISSIONNO.W201
wC04 EI�IIlEBYAY�1,2-002 y Publicfor Oregon.1►f mmipires..`�!'ll`.3
EXHIBIT "A 0414 aNEGM &W
Pape a of 11
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated. AkJ
4th West *'--*_-_a -0-
Description of road to be vacated: 'he X—R-st 3-1-Fle of Str4ekler Ave All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw Tilmalo Deschutes County.
..0
DATED this .= day of 19
'9
"DRESS
4"A
I certify that this is the true and original petition circulated by me.
SIGNATURE
6 &&A
AML OFFFICIALSEAL ADDRESS
IALSEAL
:r
-001=M JAMIC',CE L =CLARK
• NOTARYOUK'f- OREGON
NYCONMEMSMAY33280
STATE OF OREGON,
County
BE IT REMEMBERED, That on this. day of. .'Y'4\. A7. -I C-'* . . .........................
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within
...... ........ ............ . . ................. .... ... ............... .................. ............ ......................
.. .... .. .. ..... . ..... ... .. .......... .... . -.-I.- ............ ............ ..... ........... ...... .... I ....... ..
known to me to be the identical individual described in and who executed the within instrument and
acknowledged to me that executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my h-%nd and affixed
my official seal the day and year last above written.
OFPICIALSE- L
JANICELCLARK
ff NOT VBUC'0REG0N
" ' ...Oregon.-''
............
COMISIONNO31I!i YY":YMISSgM voINotary Ub -..................................................
;or.
�Jyommission expires..
EXHIBrr"A7 0414 OREOM &W
Paps 7 Of 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of el V e- s I C1♦E ss.
On becenc\�w 23 M9, before me, se.Kaf e (. No+QIy f uhl c.,
Date Name and Title of Officer (e.g., 'Jarle Doe, Notary Publi ")
personally appeared
❑ personally known to me
`roved to me on the basis of satisfactory
//evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
—, A, , &Mz�
Place Notary Seal Above Signature of ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached D-ument
Title or Type of Document: �0-01'013 For Vara {t o13 &' a 4lic 6a d
Document Date: 12 3 _9 9 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed py SigneS !,
CCorSi er'sName* ►'Qi1 IIQIl11Q LL�IJc. Qin
Individual Top of thumb here
orate Officer — Title(s):
P
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402
EXHIBIT"A7
Page 8 of 11
Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated.t; from We b
�l�V
Description of road to be vacated: All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo) Deschutes County.
Z%§ DATED this ;ad day of 19 QQ
rn oopp
uiV
co NAME ADDRESS
D"in 0 cc
J Z N—za(-
(onod Ave ._ �uf Cx
0LLI
(a,
g STATE OF
County of )ss.
8 BE IT REMEMBERED, That on this I* day of 1 qt�
Before me, the unders�i ed, a Notary Public in� and f�r said ounty and State, personally appeared the
i within named 1(O�r7� j% !;,
known to me to be the idend individual described m and who executed the within instrument and
acknowledged to me that executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my o utl seal a da d last above written.
��=y� Si
Notary Public for Oregon.
My commission expiresQt� QDi�
I certify that this is the t>�!,bkMj iginal petition circulated by me.
r:
zi tlSTATE OF OREGON, N
County of._D-._.�+-�a-S
j W.
BE IT REMEMBERED, That on this 44 day o1D c q
before me, the undersigned, a Notary Public in and for said County and State, 19.11 "
named. ��(1-fi.0v� �a;t� �'o-��Y t�\ personally appeared the within
...................
known to me to be the identical individual. described in and who executed the within instrument and
acknowledged to me that . 'J �n,l executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my 1tRnd and affixed
l OFFICIALSEAL my official seal the da an year last above written.
j LUIVromJANICE L CLARK
NOTARj PUBLIGUREGON ..
COMMISSION NO.311201 - - --
............................................
MY%QYWSSIONE70'IRESIIAY31,4002 Notary Public for Oregon,
ommission expires......_.
EXHIBIT'A' S
Page 9 of 11 to-su OFtEWN &W
OFFiCIALSEAL
coo SIGNATURE
HOTARYPUBLIG REO GON
COMMISSION N0.311401 a,� o'' A
h'�IMIB61oNEId'NtEsk7Y31.2o02 0_«� ADDRESS
-tri
?
.Open
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated. by
.k" 4th Rt- _ __t F_ _ V__
_
_ line a tkK Ate...
Description of road to be vacated: All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the.
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo) Deschutes County.
DATED this _�� day of 19 ctcl
NAME ADDRESS
�v
R/ vIR tbn -i oOOT q-c-101
--0FFICIAL-6Et4! G
NOTARYY Pu
PUEtLIC-0REOON a
MMz
MY COMMISSION EXPIRES QCT 13. toot
I certify that this is the true and original petition circulated me.
au�&A - 66L��
SIGNATURE
OFFICIAL SEAL ZLU2:4eQ'
ADDRESS
JANICE L CLARK _
NOTARYPUBLIC OREGON
!AMMISSIONu;
WcoYipli1011ERRESMAY71,2002
STATE OF OREGON,
County of.-
BE
f..
BE IT REMEMBERED, That on this.- day of.`.�.0'-re'� 194.,
.__.................. .
before me, the undersigned, a Notary Publiq in and for said County and State, personally appeared the within
named ..............................................
...........................................
......................................... ................... -.................................................................................................. .....................................
...... I .... .._ ............ ...... . ... .. . .... . .......... ............. _... ........... .......... ..... ................ .............
known to me to be the identical individual described in and who executed the within instrument and
acknowledged to me that executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written.
OFFICIALBE CLARK �Q
40TARt PUBLIC REGON ........... ..Z J
L.wy�
COMYISSIONNO.J11201 Notary Public for Oregon.
OVIOISO NEMSYN11.2002 My,, C mmission expires. �7 . .'::�...3�.,.z
EXHIBIT "A" o-214 OREGON wo
Fuge 10 Of 11
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated. �'4�L
Description of road to be vacated: aha n"s* 3i nia of ot; ; -k3 ar. A All of the
alley in Block 16 lying outside of the right of way of the Bend Sisters Hwy. 20. All of the
alley in Block 9 lying South of the line of lot 3, Block 9 in plat of Laidlaw.
Located in Laidlaw ( Tumalo ) , Deschutes County.
DATED this Z`( day of &,, e. -i 6 e.— 19 ff
NAME ADDRESS
6Y427' 4A06 C( 441 "e- Se,,d. o/<y??off
nn I
STATE OF OREGON,
County of Deschutes cc �/�jJ
Be It Remembered, That on this..�'dav oLg .' . , 141.,before me, the undersigned, a Notary Public in and for
said County and State, personally appearthewpin ed
...............ta�.l
...... ...........
..................
..................................................................................................................................................................................................
........................................................................
Jm-mvn to me to be the identical individual decribed in and who executed the within instrument and acknowledged to me
thaL-j(1rY executed the same freely and voluntarily.
IN TESTIMONY WHEROF, I have hereunto set
my hand and affuted my official seal the day
_ anlipsar 1= above ' n.
l OFFICIAL SEAL
4 .......... RICHARD N KEEBLE
.... .... ......................... ................
N tary Public for Oreo NOTARY PUBLIC -OREGON
Oregon,—/)
COMMISSION NO. 319784
My Commission e -Vires ......�MY COMMISSION EXPIRES FEB. 15, 2003
BE IT REMEMBERED, That on this.. day
before me, the undersigned a No ary Public,['n and for said County and State, personally appeared the within
named �J�(�j\ p . O .n .. L!S-v�� Y e \\
V-.....` ................................... .......1.......................................................................................
.......................................................................................................................................................................................................
__ .... ....... . .. . ..... .. ...... I... .... ........... ........... ... ..........._.... ............ ...... ... ...... ....
known to me to be the identical individual described in and who executed the within instrument and
acknowledged to me that 5V.� executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
My official seat the day and year last above written.
FICIAL SEAL
J ICELCLARK
NOTARY PUBLIC- OREGON ....................- ........... _.
COMMISSION N0.311201 Notary Public foz Oregon.
R '- E10+AlE6MAY31,2002 C mmission expires... 1�
EXHIBIT "A" uau ORE00N wo
Pape 11 of 11
MEMORANDUM
TO: Board of Commissioners
FROM: Dick Johnson, Management Analyst
DATE: January 18, 2000
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
SUBJECT: Engineer's Report on the vacation of a portion of alley in Tumalo
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' 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 signed by all of the property owners having
property adjacent to the portion of the alley being proposed for vacation. The alley lies
within Block 9 and Block 16 in the Laidlow Subdivision, located in Tumalo in Deschutes
County, Oregon. The alley to be vacated is further described as running in a north -south
direction between Wood Avenue to the east and Highway 20 to the west. The alley is
made up of two segments with the southern segment bound by 5th Street on the south and
4`h Street on the north. The northern segment is bound by 4th Street on the south and the
Tumalo Elementary School site to the north. The location of the alley is shown on the
map attached as Exhibit "I".
The original plat of the Townsite of Laidlaw (Tumalo) was recorded and filed in Cabinet
A, Page 38 of the plat records in the office of the County Clerk, Deschutes County
Oregon. There are no roadway improvements in either segment of the alley.
Quality Services Performed with Pride
EXHIBIT "B"
Page 2 of 3
Discussion
The proposed vacation lies within the boundaries of the Tumalo Rural Service Center
(RSC). The section of alley proposed for vacation lies within Blocks 9 and 16 in the
Laidlaw Subdivision located in the rural community of Tumalo. The property adjoining
the alley is zoned Rural Service Residential Medium Density (RSRM). The Tumalo
Elementary School occupies the land to the north. The land to the east is vacant north of
4th Street and is occupied by two houses between 4th and 5th Street. The land to the south
is the right-of-way of Highway 20. The land to the west of the alley both north and south
of 4th Street is vacant. The alley itself is vacant and has never been open to traffic as far
as we have been able to determine. The petitioners represent all of the private property
owners plus the school property abutting the section of alley proposed in this vacation.
From evidence on the ground, no above ground or overhead utilities exist within this
section of alley. 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 response area as follows:
Bend Cable Communications: No response.
Laidlaw Water Co. No response.
Tumalo Irrigation District: -Elmer G. Mc Daniels responded: "Tumalo irrigation
District does not have property in Block 9 or 16. Laidlaw Water District or Tumalo
Town Ditch Co. may have an open ditch in this area."
Pacific Power and Light: No response.
US West Communications: No response.
Bend Fire Department: The fire department responded with the following note: "Where
this vacation is located has no affect on existing fire lane access to the school. No
additional comments."
Deschutes County Property Management: James Bonnarens responded: " No interest
at this time."
Community Development: No response.
County Legal Counsel: No response.
Findings:
EXHIBIT "B"
Page 3 of 3
Based on preliminary responses and the Department's research of the proposed vacation,
the Road Department makes the following findings:
The alley right-of-way proposed for vacation was dedicated to the public as part of
the original plat of the Townsite of Laidlaw (Tumalo) recorded and filed in Cabinet
A, Page 38 of the plat records in the office of the County Clerk, Deschutes County,
Oregon.
2. There are no roadway improvements in either segment of the alley. The alley is a
"paper street" in that it does not actually exist on the ground.
3. The alley is not being used as an access to any private or public property.
4. This alley right-of-way does not provide access to the abutting properties as these
properties have frontage on and take access from other public streets.
5. The petition for the vacation of this alley was signed by 100% of the property owners
having properties abutting the alley.
Recommendation: The Road Department recommends that these two segments of alley
in blocks 9 and 16 in the Laidlaw Subdivision, located in Tumalo in Deschutes County,
Oregon.
1. A reservation for utility easements shall be retained upon this parcel for any possible
future utility facilities.
2. The vacated property shall vest with the abutting property owners in accordance with
ORS 368.366.
EXHIBIT "C"
Vacation of the Alleys in Blocks 9 and 16 of the Townsite of Laidlaw (Tumalo)
Parcel 1
All of the alley in Block 9 lying south of the south line of lot 3 as
shown on the official plat of the Townsite of Laidlaw recorded and
filed in Cabinet A, Page 38 of the plat records in the office of the
County Clerk, Deschutes County, Oregon.
Parcel 2
All of the alley in Block 16 as shown on the official plat of the
Townsite of Laidlaw recorded and filed in Cabinet A, Page 38 of
the plat records in the office of the County Clerk, Deschutes
County, Oregon EXCEPT FOR that portion lying within the right-of-
way of the Bend -Sisters Highway (Highway 20).
SUBJECT TO the reservation of a utilities easement in and upon all of the
property; for the purposes 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, its agents, licensees and permittees;
forever.
PwwessiONAL
REGISTERED
t.ANO _Si;RVEYOR
OR EGVO0
MICHAEL J. BEPRY
JULY 26, 1989
2390
RcneLvw
\\ROADSRV\AcadData\DATA\WORD\MJB\VACATE\Ally BLK 9&16-Wmalo.DOC
1/10/00
mjb
