2000-104-Order No. 2000-027 Recorded 2/25/2000VOL: CJ2000 PAGE: 104
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-104 * Vol -Page Printed: 03/06/2000 08:17:41
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:
NUMBER OF PAGES:
Feb. 25, 2000; 10:03 a.m.
Order (CJ)
T.
Lv� 0,., 0,-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY�HEC
LIAR - 5 2000
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
REVI ED
v
z�
An Order accepting and approving the County Road Official's Report
on the vacation of a portion of Central Avenue, located in Hillman
Subdivision (Terrebonne), Deschutes County, Oregon, setting a date
for a public hearing, and providing for public notice of said hearing.Ln
ORDER NO. 2000 - 027
P.
C=)
WHEREAS, the Board of County Commissioners of Deschutes County, Orega`,-Pitied the
vacation by Resolution Number 2000-012 dated on February 23, 2000; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County,
Oregon, the County Road Official has submitted a report on the proposed vacation pursuant to ORS
368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road known as
a portion of Central Avenue, located in Hillman Subdivision (Terrebonne) Exhibit "A", attached hereto
and by this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, April 5, 2000, at 10:00 a.m. at the Deschutes County,
Deschutes County Commissioner's Hearings Room, Administration Building, 1130 NW Harriman,
Bend, Oregon 97701, the Board will hold a hearing to determine whether vacation of the subject
property, described in Exhibit "B", attached hereto and by this reference incorporated herein, is in the
public interest.
Section 3. Notice of said hearing shall be provided by posting and publication in a form that
substantially conforms with Exhibit "C", attached hereto and by this reference incorporated herein,
pursuant to ORS 368.346(3) and 368.401 to 368.426.
� r
DATED thizWday of " l/ , 2000.
ATTEST:
Recording Secretary
1 - ORDER NO. 2000-027
BOARD OF COUNTY COMMISSIONERS
OF D.�S9(' UTES, GOATY, OREGON
DA L RINGEN, CHAIR
y S R. LUKE, COMMI,Sj51ONER
TOM DEWOLF,
NER
,-TES
i
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
DATE: February 16, 2000
SUBJECT: Engineer's Report — Vacation of a portion of Central Avenue in Terrebonne.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Background:
Deschutes County received a petition (attached as "Exhibit I") from Johannes and
Kathryn Knies, Gilbert and Virginia Falk, Russell C and Dori Chamberlain, James E.
Strimiska requesting the vacation of a public right-of-way. The requested vacation is for
a portion of Central Avenue located between 2nd Street and 4`h Street in the Hillman
(Terrebonne) Subdivision. The legal description of the proposed public right-of-way is
(attached as "Exhibit 2"). A map showing the location of the vacation and ownership of
the land adjoining the proposed vacation is (attached as "Exhibit 3").
The partitioners own the abutting property on both the north side and south side of the
portion of Central Avenue proposed for vacation. The partitioners are requesting this
vacation due to the steep slope of the ground and the right-of-way is not a proposed street
on the Terrebonne Rural Service Center Pedestrian, Bicycle and Local Street Plan. They
also want the vacation to allow adjoining property owners to maintain and make use of
the land. The petitioner's four properties would all retain access to and frontage on
public right-of-way.
Discussion
The portion of Central Avenue proposed for vacation lies within the Hillman
(Terrebonne) Subdivision between 2nd and 4`h Streets on the west side of the community
of Terrebonne. The property to be vacated on both sides of this portion of Central Avenue
is owned by the petitioners requesting approval of the vacation.
EXHIBIT W
PAGE 1 OF 3
Based on a visit to the site, there are no overhead electrical power or telephone facilities
located within this portion of undeveloped public road right-of-way. The Terrebonne
Water District does have water lines buried within the right-of-way of Central Avenue
according to correspondence we received from the water district. There is no indication
that the general public has ever used this portion of right-of-way as a road. The right-of-
way, especially between 3`d Street and 4` Street is very steep and exceeds the amount of
slope that would ever be allowed for a road by Deschutes County.
Central Avenue is classified as a local street by the Deschutes County Transportation
Plan. It has a right-of-way width of 60 feet.
The Deschutes County Road Department mailed preliminary notices of the proposed
vacation to the potentially affected utilities and agencies. Their responses are as follows:
Bend Cable Communications: No response.
Terrebonne Water District: Extensive Comments see the attached letter from the Water
District.
C.O.I. Irrigation District: No response.
Pacific Power and Light: No response.
U.S. West Communications: No response.
Redmond Fire Department: No response.
Larry Garibay, Deputy Sheriff. No response.
Property Management: No response.
Community Development: No response.
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 right-of-way proposed for vacation was dedicated to the public for road purposes
on the original Hillman (Terrebonne) plat.
2. There is no overhead power lines or telephone line located within the right-of-way
proposed for vacation.
EXHIBIT "A"
PAGE 2OF3
3. There is a water line owned by the Terrebonne Water district buried within the right-
of-way that needs to be within an easement for the water district if this right-of-way is
vacated.
4. The four properties adjoining the right-of-way to be vacated all have access to and
have a frontage on public road right-of-ways.
5. The owners of the four parcels abutting the right-of-way are all in favor of and in
agreement with this proposed road vacation.
6. The property adjoining the right-of-way proposed for vacation is zoned RSRM, Rural
Service Residential -M by the Deschutes County Zoning Map of Terrebonne.
7. The land within the right-of-way proposed for vacation is too steep for a street to be
constructed that would meet county standards for maximum allowable grade.
8. The right-of-way proposed for vacation is not shown as a proposed street by the
Terrebonne Rural service Center Pedestrian, Bicycle and Local Street Plan.
9. DCC 17.36.180 A states: "Each lot or parcel shall abut upon a public road for at least
fifty feet, except for lots or parcels fronting the bulb of a cul-de-sac, then the
minimum frontage shall be thirty feet." The proposed vacation will leave all four
abutting parcels with at leas fifty feet of frontage on a public street.
10. 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 the vacated property.
Recommendation
The Road Department recommends that the vacation of the section of Central Avenue
between 2°a Street and 4th street located within Hillman (Terrebonne) be vacated subject
to a utility easement being maintained to protect the interests of the Terrebonne Water
District.
It is in the Road department's assessment that the proposed vacation is in the public
interest. The vacation of the public right-of-way will allow for better use of this land
since it is not needed for public road purposes and will return to the tax rolls.
The vacated property shall vest with the abutting property owners in accordance with
ORS 368.366.
EXHIBIT "A"
PAGE 3OF3
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.
t-nDescription of road to be vacated: C'rR+��- �v�Nul✓ $"?��'�'� '4�
Located in -, Deschutes County.
Reason for road vacation request: I✓ ��V .1-A *0 0T'4
DATED this day of
NAME ADDRESS
STATE OF OREGON )
ss.
County of )
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of nr+sp6-"— , in the year 19�, before me, a Notary Public, personally
On this_ day 5-�- ISKA personally known to
appeared s
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 hand d cial seal
OFFICIAL SEAL
PATRICIA L YANCEY Notary Public for reg,On.
OMMISSI BL N0OREGO My Commission expir
*WCOMMIZONOMESFER 9.2003
EXHIBIT "1"
PAGE 1 OF 7
STATE OF OREGON
County of
ss. •�
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:
STATE OF OREGON )
ss.
County of )
On this day of ' , in the year 19 ,:before me, a Notary Public, personally
appoared personally known to
me (or proved to me on the basis of satisfactorydvidence) to;be the•person(s.) whose names) is(are)
subscribed to this insthument, and acknowledged that he (she, they) executed it.
' WITNESS my hand and. official seat
Notary Public for Oregon. j }
My Commission expires:
STATE OF OREGON )
j ss.
County of. )
'Ori tFiis' day of, An 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:
1 CERTIFY THAT THIS IS THE TRUE AND O GINAL PETITIION CIRCULATED BY ME.
NATURE
0-io 9w ERryuht 0.,9\!-. OR
-
ADDRESS
TELEPHONE:
EXHIBIT -1 -
PAGE 2 OF 7
XHIBIT-1"PAGE2OF7
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: Ce1�c�L. 1��'F-Nuti✓ '8�?t�s'.E.�'a +��� �T
Located in �ac�{` "—Z -j t , Deschutes County.
Reason for road vacation request: - � f- '>!E Gem—O U&'AAA 13OTY4
T— _a..c .eDAt 1 fAV1Cf C -4n l
T"o
C Lo r
Q
DATED this day of 319 --
NAME 19 --
STATE OFA
) ss.
County ofj t,&�
On this .LL day of
appeared
me (or proved 6 me on the
subscribed to this instrumei
At -%..ow 0rbzoX%J-%u t,
ADDRESS n
nC too 2�1 k %'pPp Ctivz�e,
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7 , in the year 19a, before me, a Notary Public, personally
k �n personally known to
Isis of satisfactory evidence) to be the person(s) whose name(s) is(are)
and acknowledged that he (she, t
they) executed i.
---d t
My Commission expires:
EXHIBIT "1"
PAGE 3 OF 7
STATE OF OREGON )
ss.
County of )
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:
STATE OF OREGON
ss.
County of
On this ' day of , in the year 19 , before me, a Notary Public, personally
appeared personally known to
me (or proved to me ole the basis otsatisfactory 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:
STATE OF OREGON )
ss.
County of. )
'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 names) 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 PE (TION CIRCULATED Y ME.
S NATURE
f & & d &--*7, &T, -rte
ADDRESS
TELEPHONE: (�D7 )�a� " 3-3-"7
EXHIBIT "1"
PAGE 4 OF 7
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: Aawur.- -s&nor -o Zyt Ay -m t4T'4
Located in I-r't4 Deschutes County.
Reason for road vacation request: _ rol-V �a0T'4
. — —7--- 0 At _\f A Vt C P C-Tur,
DATED this day of , 19
NAME ADDRESS
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STATE OF OREGON )
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County of)
'To
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2 "avo cam, 2S , I LLtj*
On this a of _ in the.year 19�, before me, a Notary Public, personally
appeared G� personally known to
me (or proved to me on the asis 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.
WITN my han fficial sea
OFFICIALSEAL Notary Public for Oregon r
D�
BARON HIaML My Commission expires:
NOTI�►KRY PUBLIG R MON
*COMMISSION NO. 30`1543
MY OOMM18810N EXPIRKA MAY 29, 209` 1
EXHIBIT "1"
PAGE 5 OF 7
STATE OF OREGON )
) ss.
County of )
On this' 1,9, a of , in the year 199f, before me, a Notary Public, personally
appeared personally known to
me (or proved to me on tho5asis of satisfactory evidence) to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that she, they) executed it.
'.OFFIC�At f L
WITN my hand an cial seal
(*8 - o HA EL
NOTARY PUBLIC -OREGON
COMMISSION NO.301543 otary Public for Oregon.
MY COMMISSION EXPIRESMAYZ9,2001 My Commission expires:
STATE OF OREGON
SS.
County of
On this day of , ih the year, 19 , before me, a Notary Public, personally
:appeared personally known to
me (or proved to me on the basis of satisfactory dvidence) 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:
STATE OF OREGON )
ss.
County of. )
'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.
S r
V ` Y
SIGNATURE
ADDRESS
TELEPHONE:
EXHIBIT "1"
PAGE 6 OF 7
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: C'f'�L- �`-N��- �"���"�';Zv� '��
S
Located in un:!" Deschutes County.
-- t�p.p 'L E iZo
Reason for road vacation request: SJ ut, _ � _ ^ A UA 15 0-r A^
'T'o A" a w
DATED this _ day of
NAME ADDRESS
�oe1 t7 0 �► eX ��l �, Ey�7E 47710
C
STATE OF OREGON )
ss.
County of S )
a
Notary personally
On this � day of in th year ,before me, a Nota Public, p Y
personally known to
appeared
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is(are)
subscribed to this instrument, and acknowledged that he (s they) executed it.
WITNESS n nd tial seal,
OFFICIAL SEAL Notary Public for Oregon.
PAULA E WARRINGTON My Commission expires:
NOTARY PUBLIC -OREGON
' COMMISSION NO.307077
MY COMMISSION EXPIRES NOV 23, 2001
EXHIBIT "1"
PAGE 7 OF 7
EXHIBIT "2"
Vacation of Portions of Central Avenue in Hillman (Terrebonne)
Central Avenue Vacation
Two portions of Central Avenue lying in the NW% SW% of Section 16,
Township 14 South, Range 13 East, Willamette Meridian, as shown on the
official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat
records in the office of the County Clerk, Deschutes County, Oregon, being more
particularly described as follows:
Parcel 1 -That portion of Central Avenue lying between the east
right of way line of 2nd Street and the west right of way line of 3rd
Street as shown on said plat of Hillman.
Parcel 2 -That portion of Central Avenue lying between the east
right of way line of 3`d Street and the west right of way line of 4h
Street as shown on said plat of Hillman.
PROFESSIONAL
REGISTERED
LAND $, iRVEYOR
OC4GON "
MICHAEL. J. MIRY
JULY '•5, 1989
2390
Rene"( N4c:12--31-1
Zt?....8i3`,'" c.:a!1;.?24r:1t.?;4'E',1h'i:iZf.?'vA13„ i.'{:FF rxrirs(-...-E 3- .o.`.:e'�•^.:ail �i;-if;3.!!!;..
t w1:00
m:�
Central Ave. Vacation
500 0 500 1000 Feet
State Highway
County Road
Vacation Area
0 Parcels
N
January 31, 2000
Ducarms COUNTY
ROBED DEPARTMENT
CIS DIVISION
John Andems, 618 SpoeitNct
Phew 1541) 300-0501, roil jand3@dK baeary
61150 8F. 27th St. BnL OR 97702
The infbrmation on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided'as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, inducing the warranty of merchantability or i"itness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
EXHIBIT "3"
y
97
1
c:ldata\arcviewkoaddept\dick\terrebonne\vacation
Feb 03 00 10:47a Doug McLaughlin [5411 548-0635 P.1
kK93
FROM
SUBJECT:
PRELIMINARY VACATION NOTICE
ALL UTILITIES AND MUNICIPALITIES
DESCHUTES COUNTY ENGINEER
VACATION OF A PORTION OF CENTRAL AVENUE BETWEEN
2ND STREET AND a STREET
Deschutes County has received a Petition to Vacate the property described in Exhibit
"A", attached hereto.
NOTE:
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.
If you currently have any facilities located on this property, have a possible future interest in
this property, or wish to comment on the proposed vacation, please complete this form and
RETURN TO: The Road Department, Attn: Wanda Callahan, 61150 SE 27th Street,
Bend, Oregon 97702, within fourteen (14) days. FAX NUMBER: (541) 388-2719
DATED this 1st day of February, 2000.
Terrebonne Water District
Doug McLaughlin
P.O. Box 31
Terrebonne, OR 97760
•1
- 1
1-
-•-11-
►•u-
..
- 1
...-
-
1-
Terrebonne Water District
Doug McLaughlin
P.O. Box 31
Terrebonne, OR 97760
EXHIBIT "B"
Vacation of Portions of Central Avenue in Hillman (Terrebonne)
Central Avenue Vacation
Two portions of Central Avenue lying in the NW% SW% of Section 16,
Township 14 South, Range 13 East, Willamette Meridian, as shown on the
official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat
records in the office of the County Clerk, Deschutes County, Oregon, being more
particularly described as follows:
Parcel 1 -That portion of Central Avenue lying between the east
right of way line of 2nd Street and the west right of way line of 3rd
Street as shown on said plat of Hillman.
Parcel 2 -That portion of Central Avenue lying between the east
right of way line of 3`d Street and the west right of way line of 4cn
Street as shown on said plat of Hillman.
PROFESSIONAL
REGISTERED
LAND `j! IRVEYOR
OC4GON
MICHAEL J. Bc2RY
JULY 75, 1989
2390
RGne"l Da4c-.171- 31-0 J
'�',�2�%%:iJ<;��.quad?z4�J?;:l'��:,�%��:�L?�sr•.fti��;:;£.'<'>:FF:xea4r3;.,:i.i's_;.o,'.'?�:::31s?�as:; Ef;3.rJ:r:
tiJ;s;p
ma:
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON APRIL 5, 2000, AT 10:00 A.M. IN THE DESCHUTES COUNTY
BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 NW
HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING
DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD.
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of Central Avenue, located in Hillman Subdivision (Terrebonne) located in Deschutes
County be vacated.
NOTE:
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.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street, Bend,
Oregon, (541) 388-6581.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Chair
PUBLISHED: Bulletin — March 16 and 26, 2000
Spokesman — March 15 and 22, 2000
POSTED: March 16, 2000
MAILED: March 6, 2000