2000-833-Order No. 2000-087 Recorded 8/11/2000VOL: CJ2000 PAGE: 833
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2000-833 * Vol -Page Printed: 08/16/2000 14:33:36
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:
Aug. 11, 2000; 1:28 p.m.
Order (CJ)
NUMBER OF PAGES: 11
L%y� 0., 0,-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
p-jEj)
F 2000
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COUNT REGON
AIL_ COUNSEL
An Order accepting and approving the County Road Official's
Report on the vacation of a portion of Main Street located in
LaPine, Deschutes County , Oregon, setting a date for a public
hearing, and providing for public notice of said hearing.
ORDER NO. 2000 — 087
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2000-042 dated on August 9, 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 Main Street, Exhibit "A", attached hereto and by this reference incorporated herein, is
hereby accepted and hereby approved.
Section 2. That on Wednesday, September 2, 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. 6(3) and 368.401 to 368.426.
DATED this day of , 2000.
BOARD OF COUNTY COMMISSIONERS
OF DES-2HUTES, COUNTY, OREGON
ATTEST:
Recording Secretary
1 - ORDER NO. 2000-087
NDA L, SWEARIRGEN, CHAIR
`15ENNIS R. LU, E, COMMIS IONER
UOMDEWOLF, COMMIS ER
v
2,
/1
►: 4A
EXHIBIT "A"
Page 1 of 4
MEMORANDUM
TO: Board of County Commissioners
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: Dick Johnson, Management Analyst, Deschutes County Road Department
DATE: August 2, 2000
SUBJECT: Engineers Report - vacation of a portion of Main Street in La Pine
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 Michael O. Melcher
and C. Lorin Berry requesting the vacation of a public road right-of-way. The requested
vacation is for a portion of Main Street located north of 3rd Street and west of Huntington
Road. The legal description of the proposed road right-of-way vacation is attached as
"Exhibit 2". A map showing the location and property ownership pattern is attached as
"Exhibit 3". A vicinity map of the area showing the area in relationship to the community
is attached as `Exhibit 4".
The petitioners, Michael O. Melcher and C. Lorin Berry own the abutting property on the
west and east sides of the street right-of-way proposed for vacation. The petitioners are
requesting the vacation because the right-of-way is needed for parking lot to serve the
new bank now under construction adjoining the west side of the right-of-way.
Discussion:
The proposed vacation lies within the boundaries of the La Pine Rural Service Center
(RSC). The section of Main Street proposed for vacation lies along the east side of block
32 of the Township Plat of La Pine. The property is zoned Rural Service Residential
Medium Density (RSR M). The new bank currently under construction occupies the land
to the west; the land to the north is right-of-way of Main Street not being vacated that
provides access to a small house on the west side of the street. The new La Pine Library
is being constructed farther to the north. :Huntington Road occupies the land to the east
with businesses on the east side of the street. The land to the south is occupied by the
intersection of 3rd Street and Huntington Road.
Quality Services Performed with Pride
EXHIBIT "A"
Page 2 of 4
This section of Main Street has a paved surface that is in poor condition and is not used
by the traveling public. The section of Main Street being proposed for vacation will not
cut off access to the houses that will continue to have access on Main Street via 2"d Street
to the west and north.
The petitioners represent all of the private properties abutting the section of Main Street
proposed in this vacation.
There are some utilities within this right-of-way and thus a utility easement will need to
be retained where the right-of-way now exists. A utility easement will not interfere with
the parking lot proposed for the right-of-way being vacated.
The Road Department mailed preliminary notices of the proposed vacation to utilities and
agencies having a potential interest in this proposed vacation. Their responses are as
follows:
Cascade Natural Gas: No response.
Crestview Cable: No response.
Midstate Electric: Bill Heigh, GIS Analyst responded: "We recently received a
Preliminary Vacation Notice for a portion of Main Street in downtown La Pine.
We currently maintain electrical facilities in the portion of Main Street being proposed
for this vacation. We will require an easement from the new owner granting us the right
to maintain our facilities before we can approve this vacation.
I will prepare a description of required easement so that it can be reviewed and executed
by the new owner.
Please let ine know what else we need to do in order to comply with this change in
ownership."
US West Communications: Laura Pawlowski, Design Engineer responded:
"US West (Qwest) has an existing facility (cable and pedestals) on the west side of Main
Street (See attached drawing) We need to maintain an approximate 10' Easement (5' on
each side of cable location)."
La Pine Water District: Kitty Shields, District Secretary responded:
" The La Pine Water District would like to retain an easement on this property for future
water line construction. If more detailed information is needed, please contact the
construction engineer, Richard Nored, HE lnc. at 541-269-1166."
EXHIBIT "A"
Page 3 of 4
La pine Fire District: No response.
Deschutes County Community Development: Paul Blikstad, Associate Planner,
responded: "Site plan approval (SP -00-22) is pending on a portion of this vacated right-
of-way. The site plan is for a bank, and the approval will be contingent upon the
vacation."
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
by order of the county commissioners on April 5, 1972.
2. It appears that the vacation process is adequate for the proposed vacation and that a
land use process is not necessary to effect the vacation of this dedicated right-of-way.
The vacation process requires adequate findings, notice and a hearing per ORS
Chapter 368. Furthermore, ORS Chapters 92 and 368 both seem to anticipate that the
vacation process will be used to change the configuration of platted property.
3. Main Street is classified as a rural local street. The portion of Main Street being
proposed for vacation has a paved surface that is in poor condition and is not used by
the traveling public. Main Street to the north of this proposed vacation is paved and
open to local traffic. The house to the north on the west side of Main Street still
accesses onto Main Street and thence via 2nd Street to the north and west.
4. The right-of-way to be vacated is needed for a portion of the parking lot for the bank
now under construction. No stricture will be built in the right-of-way to be vacated.
5. The Local Street, Bicycle and Pedestrian Plan for La Pine and Wickiup Junction does
not address the need for this section of right-of-way to as a street.
6. The vacation of this right-of-way eliminates any future possibility of the difficult
intersection of Main, Huntington and 3rd Street all coming together at awkward angles
ever being constructed.
7. Utilities do exist in the right-of-way to be vacated so that a utility easement must be
maintained within the area being vacated.
8. Surrounding zoning: The land in all compass directions from this section of Main
Street proposed for vacation is zoned Rural Service Residential Medium (RSRM)
within the La Pine Rural Service Center.
9. This portion of Main Street provides access to tax lot 5900 on Assessor's Map 22 10
15AA. However, this tax lot also has access to and frontage on 3`d Street along its
EXHIBIT "A"
Paqe 4 of 4
southern edge. This portion of Main Street also has frontage on tax lot 300 on
Assessors Map 22 10 14BB but this tax lot has frontage and access on Huntington
Road which actually bisects the lot. See the vicinity snap.
10. The vacation of this portion of Main Street will not leave any property without
access, as the property to the north of Main Street will have access out of the area by
2" d Street as shown on the vicinity map.
11. Per ORS 368.366, vacated property shall vest in 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 County has maintained a policy of not vacating land that would leave any parcel
without legal frontage on a public road. The vacation of this portion of 4`" Street would
not leave any land parcels without legal frontage on a public road.
If, following the public hearing, the Board approved the vacation, the Road Department
recommends the following conditions:
1. A reservation of a utility easement shall be retained upon this parcel for the existing
utility facility facilities.
2. The vacated property shall vest with the abutting property owner in accordance with
ORS 368.366.
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: tt Port1 0 /" a S 02cy zgng -, N S;
s .jo yf'h L Th e synr��
Located in / U ,t2 i ry 2 Deschutes County.
Reason for road vacation request: ro a r_ cm o ela d e,., e Lj�n o,uf
o 5- ldx LIS SgGo 6tj00
DATED this ,2.2 Jday of
NAME ADDRESS
19 1X-' fr% 5 trol���P� Y�/ �cCf/ Sl�l=2f iD� ow40
;
<'y 5y GUcj? iD G n •� �rY� .Ok' 77
STATE OF OREGON )
[/J _ � ) ss.
County of !l dila i -a- )
i
On this day of J , in the year s 6G, before me, a Notary Public, personally
appeared err 1,lr?CL G. 177rLCH,0e personally known to
me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he (she, they) executed it.
WITN S rr�y hander d fficial seal
�L
OFFICIAL SEAL Nota Public for Dr gon.
S. KATHLEEN ZAHNISER My Commission expires:
NOTARY PUBLIC -OREGON
COMMISSION NO. 330839
W COMMISSION EXPIRES FEB. 4, 2004
EXHIBIT "1"
Page 1 of 1
Mike Melcher
June 30, 2000
Job #00037
VJVUJ 1`V. 1 IYY y. J� �GI11� V1�1 J1 0 V I ;JT 1% �V L';ivL
Street Vacation
In Lapine, Oregon
Vacating a portion of Main Street, located in Government Lot 2 in the Northwest
Quarter of the Northwest Quarter of Section 14, Township 22 South, Range 10
East of the Willamette Meridian, Deschutes County, Oregon and more particularly
described as follows:
Beginning at the Northwest corner of said Lot 2, said corner is located on the
West line of Main Street; thence South 00 21' 46" West along the West line of
said Lot 2 a distance of 291.44 feet to the North line of 3rd Street as it presently
exists; thence South 8944'04" East along said North line a distance of 24.97 feet
to the Westerly line of Huntington Road as it presently exists; thence North 14°
03' 53" East along said Westerly line a distance of 147.86 feet to the point of
intersection with the East line of Main Street and the Westerly line of Huntington
Road, said point of intersection is monumented with a 5/8 inch diameter rebar
with yellow plastic cap marked "DEJARNATT L5 2208" as shown per Partition Plot
No. 1990-66 as filed in the Deschutes County Clerk's Office; thence North 00021'
46" East along the East line of said Main Street a distance of 148.37 feet to the
North line of the above-mentioned Government Lot 2; thence South 8945' 41"
West along said North line a distance 60.00 feet to the Point of Beginning.
Containing 0.34 acres more or less.
The "Basis of Bearings" for the above-described land is the North line of
Government Lot 2 as shown per the Partition Plat No. 1990-66 as filed in the
Deschutes County Clerk's Office.
( REf15TERED t
- PR0FES51O;N!;�,;
LAND S1IRVEYnQ
Renews 12/31/01 q &0 � ,Q , k t
OREGON
7ULY. 17, 1986
GARY. L DEJARNATT
2208
EXHIBIT "2"
Page 1 of 1
SCALE /' = 50'
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AS COUNTY SURIEY
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NUMBER /3902
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HWY
_NORTH_ LINE OFOOIERNEMENT LOT 2
REGISTERED
PROFESS IONAL
LAND SURVEYOR
0 R E GN
JULY 17, if
GARY L. DEJARNATT
2208
RENZAr /2i3/i0/
STREET 04C4 TION IMP
11,4C,4 TING 4 PORT/ON OF IW41N
STREET, L OCATED /N GOVERNIYIENT
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lY.M., DESCHUTES COJNTKOREGON.
FOR /Y1/KE MZZ- CHER
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SOUTH LINE OF TI/E
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PREPARED 8 Y:
LA PINE PER SURREY BY
_
SCOTT C. FRESHK'ATERS,
PL S, FOR V&
°
IMESTMENTS, LLC„ FILED
SUR VE
AS COUNTY SURIEY
y
NUMBER /3902
Q63885
HWY
24.97'
_NORTH_ LINE OFOOIERNEMENT LOT 2
REGISTERED
PROFESS IONAL
LAND SURVEYOR
0 R E GN
JULY 17, if
GARY L. DEJARNATT
2208
RENZAr /2i3/i0/
STREET 04C4 TION IMP
11,4C,4 TING 4 PORT/ON OF IW41N
STREET, L OCATED /N GOVERNIYIENT
LOT2/N THE NAV /i4 OF THENIy/i4
OF SEC. /4, T,22 S., R, /O E.,
lY.M., DESCHUTES COJNTKOREGON.
FOR /Y1/KE MZZ- CHER
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3 RD STREET
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3 RD STREET
PREPARED 8 Y:
_
DEJ4RN,4 TT L AND
SUR VE
Q63885
HWY
Na?rH 97
DATE=
BEND, ORE60N 9770/
SHEET /
PHME: 54/-.382-4/92
1108 N G
EXHIBIT "3"
Z
� I I
, S B9°454/ "W _NORTH_L/NE OF OOPERNEMENT LOT 2
60.00' - - - - -
� O �o
SCALE /✓W CORNER
GOK L or,?cz-V
4�
i
V �
REGISTERED
_ g PROFESSIONAL
,� R=
ELAND SURVEYOR
0 R E G OVN
JULY 17, 1986
QF y �R) GARY L. 2Do BARNATT
Q
REWAS
a�
P
SOUP/ L/NE OF IWE o STREET 0,4CATION )WR
Now 7H 5.Gb FEET of LOT 04CA7ING 4 PORT/ON OF /LL411Y
/9, BL OCA' 32, PLAT OF STREET, L OCATED /N GOl/ERN/61ENT
L,4 P/N£ PER 941RWY BY
SOO7T C. cRESHJY4MRS, v L OT 2 /N THE NGY /i4 OF THE NlY /i4
PLS, FOR ✓& OF SEC. /4, T"22 S., R. /O E.,
INPESMENT5, LLC., F/LED lY.M., DESCHUTES COUNTY, OREGON.
AS COUNTY SURliEY c�
NUMBER /.3900
FDR-" MIKE MEL CHER
24.97'
t
g 3 RD STREET
3RD STREET
F-
PREPARED S Y:
DE✓ARNA TT LAND SURVEYS /NC.
Q63885 NA4TH NWY 97 DATE: ✓UNE 30, 2"
BEND, CRE6GW 97701 SHEET / OF /
Mike Melcher
June 30, 2000
Job #00037
EXHIBIT "B"
A
:l K,4—
638185 "d. Hwy. S '382-4192
� L GIa M ri-Y-M
M 1 II JI/V1 L /GA 1J`f�C.
Street Vacation
In Lapine, Oregon
Vacating a portion of Main Street, located in Government Lot 2 in the Northwest
Quarter of the Northwest Quarter of Section 14, Township 22 South, Range 10
East of the Willamette Meridian, Deschutes County, Oregon and more particularly
described as follows:
Beginning at the Northwest corner of said Lot 2, said corner is located on the
West line of Main Street; thence South 00 21'46" West along the West line of
said Lot 2 a distance of 291.44 feet to the North line of 3rd Street as it presently
exists; thence South 8944'04" East along said North line a distance of 24.97 feet
to the Westerly line of Huntington Road as it presently exists; thence North 14°
03' 53" East along said Westerly line a distance of 147.86 feet to the point of
intersection with the East line of Main Street and the Westerly line of Huntington
Road, said point of intersection is monumented with a 5/8 inch diameter rebar
with yellow plastic cap marked "DEJARNATT LS 2208" as shown per Partition Plat
No. 1990-66 as filed in the Deschutes County Clerk's Office; thence North 000,21'
46" East along the East line of said Main Street a distance of 148.37 feet to the
North line of the above-mentioned Government Lot 2; thence South 8945' 41"
West along said North line a distance 60.00 feet to the Point of Beginning.
Containing 0.34 acres more or less.
The "Basis of Bearings" for the above-described land is the North line of
Government Lot 2 as shown per the Partition Plat No. 1990-66 as filed in the
Deschutes County Clerk's Office.
REGISTERED
PROFESSiONIAL
LAND SURVEYOR 1
Renews 12/31/01 Qin S�
d • kf
OREGON
7ULY. 17, 1986
GARY. L DEJARNATT
2208
Y
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 September 20, 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 Main Street, located in LaPine 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 — August 31 and September 10, 2000
POSTED: August 31, 2000
MAILED: August 21, 2000