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2000-598-Resolution No. 2000-23 Recorded 3/24/2000VOL: CJ2000 PAGE: 598 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2000-598 * Vol -Page Printed: 04/05/2000 08:56:29 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: Mar. 24, 2000; 8:04 a.m. Resolution (CJ) NUMBER OF PAGES: 4 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEW -5 HED AP 2000 REVIEWED �Wo LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 00 MAR 24 AM 8: ob A Resolution of Intent to Vacate a Portion of an Easement offered for Dedication to the Public. RESOLUTION NO. 2000-23 MAIRY SUE r cNHOLLOW COUNTY CI,.ERK WHEREAS, under Resolution No. 2000-001 and upon the application of Eric Weber and Blake Weber, the Board of County Commissioners initiated the vacation of a portion of an easement offered for dedication to the public to facilitate clearing title to certain property to be developed as Lynwood Acres; and WHEREAS, the County Engineer's office has recommended approval of the requested vacation, upon the satisfaction of certain conditions relating to secondary fire access and alternative access to neighboring properties; and WHEREAS, appropriate notice has been given to affected utilities and property owners; and WHEREAS, the Board has taken oral and written testimony from staff and the affected parties regarding the proposed vacation and determined that subject to fulfillment of the conditions set forth herein that it is in the public interest to vacate the subject "easement"; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That upon the satisfaction of the following conditions, the Board of County Commissioners will enter on order vacating that portion of the public right-of-way described in Exhibit A and depicted in Exhibit B: (a) The subject portion of right-of-way is accepted by the Board of County Commissioners for the purposes of proceeding with the proposed vacation; (b) W.D. and Jane M. Loomis, owners of adjacent property to the north, have given their written consent to the proposed vacation and forwarded that consent to the County or placed such consent in an escrow along with the replacement easement referred to below; (c) A replacement easement has been signed by the Loomises and the owners of the Lynwood Acres open space and has been placed in escrow; and PAGE I - RESOLUTION NO. 2000-023 - (3/22/2000) (d) The land use decision in CU -99-43 and TP -99-902 concerning Lynwood Acres has been modified to change the emergency alternative fire access and egress relied upon in granting the approval to allow the alternative access to loop through the Lynwood Acres open space. DATED this may of March, 2000. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON C-KNDA L. SWEARIN , Chair 51�1 ,10 ATTEST: JffNf14N R. LUKE, Vi e Char Y� Recording Secretary TOM DEWOLF, Commis er PAGE 2 - RESOLUTION NO. 2000-023 - (3/22/2000) EXHIBIT "A" TO RESOLUTION 2000-23 A portion of ROAD 1., as described in Volume 134 Page 12 of the deed records of Deschutes County and more particularly described as follows: A strip of land 60 feet in width, the centerline of which is described as follows: Commencing at the Northwest corner of Section 24, Township 14 South, Range 10 East of the Willamette Meridian, Deschutes County, Oregon; thence South 89 degrees 20' East along the North line of said Section a distance of 665.0 feet to the point of beginning of said center line; thence South 0 degrees 06' 30" West to a point on the North fine of the South Half of the Northwest Quarter of the Southwest Quarter of said Section 24, and there terminating. The east and west lines of said 60 foot strip being lengthened or shortened so as to make the points of terminus of the East and West lines thereof, the North line of said Section 24 and said North line of the South Half of the Northwest Quarter of the Southwest Quarter of said Section 24. Page I - EXHIBIT " A" TO RESOLUTION 2000-23 Vacation o4lasement Requestedby Blake Weber TOT 141021 000100 60' Easement--,,-, TOT 14102 000101 j TAXL 141024 - N 0010 W E S 600 0 600 Feet January 03, 2000 DESCHUTES COUNTY ROAD DEPARTMENT GIS DIVISION JWm Aaderun, 018 Sp Mist Ron: 1541190&8501, smd: MosQdssduses sry 81150 SF. 27th St, Bsud, OR 07702 The information on this map was dwWd from dgital databases on Deschubes County's O.I.S. Caro was taken in the creation of this map, but k isprovided las Is'. Deschutes County cannot accept any rospondbMty for errors, omissions, or poo ional accuracy In 01e dgkal data or the undwMng records. Then aro no warranties, wq"ss or implied, including the warranty of ..m dlw tsbiRy or fitness for ■ Particular Purpose. accompanying #ft proWd. However, notilication of any errors will be appreciated. c:\dah\arcvtewyowWeptlpick�ynber Locator Map Exhibit `B"