2000-1062-Resolution No. 2000-082 Recorded 12/19/2000VOL: CJ2000 PAGE: 1062
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-1062 * Vol -Page Printed: 12/21/2000 16:30:12
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:
Dec. 19, 2000; 2:11 p.m.
Resolution (CJ)
NUMBER OF PAGES: 12
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY N HED
DE 12000
MICROFILMED
OEC 2 2000
------------
-
REVIEWED
J
• lid �
AL CAASEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of portions of 8th Street, a *
n
portion of Bruce Avenue and a portion of the Alley in Block 27 *
located in Laidlaw Subdivision in Deschutes County, Oregon, *
a
Describing the Property Proposed to be Vacated, the Reasons *
for the Vacation, and requesting that the County Road Official *
file a Report.
z,
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ry
RESOLUTION NO. 2000-082
WHEREAS, the owners of land abutting the Proposed right-of-way to be vacated, petitioned
for vacation of a public road known as portions of 8 `' Street, a portion of Bruce Avenue and a portion
of the Alley in Block 27, located in Laidlaw Subdivision 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 portions of 8th Street, a portion of Bruce Avenue and a portion of the Alley in Block
27, located in Laidlaw Subdivision 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 JIL—day of '2000.
AT EST:
TL
Recording Secretary
1 - RESOLUTION NO. 2000-082
BOARD OF COUNTY CO MISSIONERS
OF DESQHUTES COU Y, OREGON
L.
, CHAIR
DENNIS R. LUKE, COMMISSIONER
TOM DEWOLF, COMWfSSIONER
• 0
Proposed Road Vacations of Portions of 8th Street, Bruce Avenue, and the Alley
in Block 27, in the 1904 Plat of Laidlaw (Tumalo)
Three parcels of land in the 1904 plat of Laidlaw in Section 31, Township 16 South,
Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more
particularly described as follows:
Parcel 1 -Portion of Alley in Block 27
A portion of the alley in Block 27, being more particularly described as follows:
Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the
pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36;
thence N00004'14"W a distance of 60.00 feet to the southwest corner of Lot 6,
Block 27; thence along the south line of said Lot 6 N89058'34"E a distance of
105.07 feet to the southeast corner of said lot 6, the Point of Beginning; thence
along the west right-of-way line of said alley N00004'06"W a distance of 290.24
feet; thence leaving said west line 20.94 feet along the arc of a non -tangent
curve to the right with a radius of 141.14 feet and a long chord which bears
N72054'37"E a distance of 20.92 feet to the east right-of-way line of said alley;
thence along said east line S00004'06"E a distance of 296.38 feet to the
southwest corner of Lot 7, Block 27; thence leaving said east line and along the
north right-of-way line of 8th Street S89°58'34"W a distance of 20.00 feet to the
Point of Beginning. Containing 5,872 square feet (0.135 acres) more or less.
Parcel 2 - Portion of 8th Street
-- A -portion --of 8`h-Street-tying--west-of-the--west-right-of=way-line-of-Wood-Avenu
being more particularly described as follows:
Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the
pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36;
thence along the south right-of-way line of said 8th Street N89°58' 34"E a
distance of 37.68 feet to the Point of Beginning; thence leaving said south line
N06°09'46"W a distance of 60.35 feet to the north right-of-way line of said 8th
Street; thence along said north line N89058'34"E a distance of 199.04 feet to the
west right-of-way line of Wood Avenue; thence leaving said north line and along
said west line S00°04'15"E 60.00 feet to said south line of 8th Street; thence
leaving said west line and along said south line S89°58'34"W a distance of
192.64 feet to the Point of Beginning. Containing 11,750 square feet (0.270
acres) more or less.
Parcel 3 - Portions of 8th Street and Bruce Avenue
Those portions of 8th Street and Bruce Avenue lying east of the east right-of-way
line of Wood Avenue; westerly of the southwesterly right-of-way line of Highway
20 (said right-of-way line being 50.00 feet from the highway centerline per the
O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's
Office); and north of the north lines of Blocks 35 and 36. Containing 21,655
square feet (0.497 acres) more or less.
PROFF
'tF,GI STERrn
EXHIBIT "A"
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VACATION
PARCEL 1:
PORTION OF
ALLEY
FUTURE DEDICATION FOR
EXISTING BAILEYROAD
(PROPOSED RIGHT OF WAY
LINE IS 30' FROM EXISTING
BAILEY ROAD PAVEMENT
CENTERLINE)
VACATION
PARCEL 2:
--F_OR-i1ONt3F
8th ST.
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_............... _.a _.. _ _ _ . ------
AY
BAL
_..._...--. v___ ......................_._.__.__
IF
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> 06000 PARCEL PARCEL 3Y
`� U.SJta BUaHNELU � •�, �
v> BUc N HOLLEI' �`t ` -- PORTIONS OF !
HnL. o° ` 8th ST. & _...- _. _..... i _...._
} ar,' 16-12-31A0- BRUCE AVE
I ! 06100
BUSHNELU
`w FIOLLEY
.X) -130500 k
S COUNTY 16-12-3100-
00501
I BUSHNELLi
HOLLEY
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16-12-31 UO-OU400
HAP TAYLOR
PROPOSED ROAD VAC TIONS OF PORTIONS OF 8TH ST.,
BRUCE AVENUE, AND THE A'
DESCHUTES COUNTY ROAD DEPARTMENT
1150 S.E. 27TH STREET, BEND, OR. 97702
-:Y IN BLOCK 27 IN THE PLAT OF LAIDLAW (TUMALO)
-E: 1"-200' DRAWN BY:M.J.B. I DATE: 11/8/00 SHEET
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16-'12-31 DO -
00402
BUSHNELL!
HOLL.EY
16-12-31 UO-OU400
HAP TAYLOR
PROPOSED ROAD VAC TIONS OF PORTIONS OF 8TH ST.,
BRUCE AVENUE, AND THE A'
DESCHUTES COUNTY ROAD DEPARTMENT
1150 S.E. 27TH STREET, BEND, OR. 97702
-:Y IN BLOCK 27 IN THE PLAT OF LAIDLAW (TUMALO)
-E: 1"-200' DRAWN BY:M.J.B. I DATE: 11/8/00 SHEET
J:\SDSK\PROJ\w488-OD\dwg\W4UB-UVERVILW.DWLi- 1 OF 1
Proposed Road Vacations in Tumalo
(Locator Map)
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Proposed Vacation
/
BEND
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10000 0 10000 20000 Feet
/V state Highway
County Road
Road Centerline November 29, 2000
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Unincorporated S s of NRTM�
Community �o nmap
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Pgoga� (50ll :lf'&fi!iN1, email' iagna(wdaeahulne.ar0
City61150 S.1 27th 91, HOW, 11R, 67102
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: Ya Szy-ee 2 hi. io-
-JA hl
Located in 7^u zz , Deschutes County.
Reason for road vacation request: (f Aes nl,'&Z9%-ca
DATED this _ day of 0M(3LYL , Um
PRINT NAME
'fol'bi 8V5tt,)Ec.L_
Ukrtrur
STATE OF OREGON )
ss.
County of 0 Ps c�a u W s )
IGNATURE
ADDRESS CITY STATE ZIP
(yw� w.NuMzo 13ew aL 9-))0/
G Yb17 0-IAJ4 W 778%
On this d day of 0 c b�.- , in the year 3°O?before me, a Notary Public, personally appeared
h •4 ,, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the p s n(s) whose name(s) is(are) subscribed to this
instru he, they) executed it.
DEBBIE P BL ILE WITNESS my hand and official seal
NOTARYPU3LIC-ORE GON ( G-z�u-, _
COMMISSION N0.332865 Notary Public for Oregon.
MYCOMYISSION EXPIRES MAR 27, 2004
My Commission expires: 3 -a.77 -ayz K
Page 1 of 2
Exhibit 1"
Page 1 of 2
--------------------
--------------------------
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
STATE OF OREGON
ss.
County of
Notary Public for Oregon.
My Commission expires: _
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 Pbblic for -Oregon.
My Commission expires:
STATE OF OREGON ) ?
ss. `' J
;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 O
TITIO C CULATED BY ME.
,TURF _
'TELEPHONE:
Page 1 of 2
Exhibit "1"
Page 2of2
Proposed Road Vacations of Portions of 8th Street, Bruce Avenue, and the Alley
in Block 27, in the 1904 Plat of Laidlaw (Tumalo)
Three parcels of land in the 1904 plat of
Range 12 East of the Willamette Meridian,
particularly described as follows:
Laidlaw in Section 31, Township 16 South,
Deschutes County, Oregon, and being more
Parcel 1 -Portion of Alley in Block 27
A portion of the alley in Block 27, being more particularly described as follows:
Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the
pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36;
thence N00004'14"W a distance of 60.00 feet to the southwest corner of Lot 6,
Block 27; thence along the south line of said Lot 6 N89058'34"E a distance of
105.07 feet to the southeast corner of said lot 6, the Point of Beginning; thence
along the west right-of-way line of said alley N00°04'06"W a distance of 290.24
feet; thence leaving said west line 20.94 feet along the arc of a non -tangent
curve to the right with a radius of 141.14 feet and a long chord which bears
N72°54'37"E a distance of 20.92 feet to the east right-of-way line of said alley;
thence along said east line S00004'06"E a distance of 296.38 feet to the
southwest corner of Lot 7, Block 27; thence leaving said east line and along the
north right-of-way line of 8th Street S89058'34"W a distance of 20.00 feet to the
Point of Beginning. Containing 5,872 square feet (0.135 acres) more or less.
Parcel 2 - Portion of 8th Street
------- A-portion--of-8-"treet-lying-west-of-the-west-right-of"way-line-of--Wood Avenue,---------- - --
being more particularly described as follows:
Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the
pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36;
thence along the south right-of-way line of said 8th Street N89058' 34"E: a
distance of 37.68 feet to the Point of Beginning; thence leaving said south line
N06009'46"W a distance of 60.35 feet to the north right-of-way line of said 8th
Street; thence along said north line N8905834"E a distance of 199.04 feet to the
west right-of-way line of Wood Avenue; thence leaving said north line and along
said west line S00004'15"E 60.00 feet to said south line of 8th Street; thence
leaving said west line and along said south line S89°58'34"W a distance of
192.64 feet to the Point of Beginning. Containing 11,750 square feet (0.270
acres) more or less.
Parcel 3 - Portions of 8th Street and Bruce Avenue
Those portions of 8th Street and Bruce. Avenue lying east of the east right-of-way
line of Wood Avenue; westerly of the southwesterly right-of-way line of Highway
20 (said right-of-way line being 50.00 feet from the highway centerline per the
O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's
Office); and north of the north lines of Blocks 35 and 36. Containing 21,655
square feet (0.497 acres) more or less.
PROF'F:S10MAL
f- tFGIS TFP. F n
Exhibit "2"�(�� Z!�M
Page 1 of 1 0 RLV U o "o �-
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VACATION
PARCEL I:
PORTION OF
ALLEY
FUTURE DEDICATION FOR
EXISTING BAILEY ROAD
(PROPOSED RIGHT OF WAY
LINE IS 30' FROM EXISTING
BAILEY ROAD PAVEMENT
CENTERLINE)
VACATION
PARCEL 2:
----P_i2%.'TION- QF— -
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BAILEY 7th STO
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/ w 16-12-31Aa m I VACATION
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`4� 0590031AU1 , BUSHNELL/ '` j PARCEL 3:
as�oa � `•,
BUSHNELP , HOLLEY �`� ` -- — PORTIONS OF :
O
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HOLLEY , I �O 8th ST 8,
16-12-31A0- \ BRUCE AVE __ .............
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06100 i
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Sth ST.
8th ST.
16-1z-31o0.005cwrS k
I DESCHUTES COUNTY 16-12-3100-
00501
BUSHNELL,
HOLLEY 16-12-3100- 4
00402
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16-12-3100-00400
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1,) i Exhibit "T'
Page 1 of 1
PROPOSED ROAD VACATIONS OF PORTIONS OF 8TH ST.,
BRUCE AVENUE, AND THE ALLEY IN BLOCK 27 IN THE PLAT OF LAIDLAW
DESCHUTES COUNTY ROAD DEPARTMENT SCALE: 1"-200' DRAWN BY:M.J.8. DATE: 11/8/00
1150 S.E. 27TH STREET, BEND, OR. 977021 cn c: ,:\,n. icy a .I\w4 -n \Nwn\W4RR- v _ v1 w.nw
TUMALO)
SHEET
1 OF 1
Proposed Road Vacations in Tumalo
(Locator Map)
I i
'-
20 4
97 _ ;
Proposed Vacation
rLU
_N Nit.
BEND
10000 0 10000 20000 Feet
State Highway
County Road
Road Centerline November 29, 2000
Rivers N
— Tu m a t o W E ;. DEScflUPEs couRTY
Unincorporated S O o DEPNaTMEU
Community J°6a A1�ad
�mo, °I8 Spa°`t
Exhibit "4„ No. f540:10FGsol, 0, jnh"(ddxerhimra.erq
City 57750 S.E 2 to Ft, OH, O7702
Page 1 of 1
ES C�
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1�rC
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: December 5, 2000
SUBJECT: Engineers Report — vacation of a portion of 8th Street, Bruce Avenue; and an
alley in Tumalo.
Backaround•
Deschutes County received a petition (attached as "Exhibit 1) from John Bushnell and
Robert Holley requesting the vacation of a public road right-of-way. The requested
vacation is for a portion of 8th Street, Bruce Avenue and an alley located on the west side
of Highway 20 in Tumalo. 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 411
.
The petitioners, John Bushnell and Robert Holley own all of the property adjoining the
Vht -of -way being proposed for vacation except for some property on the south side of
Street that is owned by Deschutes County. The petitioners are requesting the vacation
because right-of-way is needed to consolidate their property into one large property that
will allow better use of their land.
Discussion:
The proposed vacation lies within the boundaries of the Tumalo Rural Service Center
(RSC). The section of 8th Street, Bruce Avenue and the alley proposed for vacation lies
on the west side of Highway 20 adjacent to and partially within blocks 27 and 28 of the
township of Tumalo. The property is zoned Rural Service Center (RSC). The petitioner's
property is partially occupied by the Tumalo Feed Mill Restaurant with land to the north
and east across Highway 20 being composed of the rural community of Tumalo. 'Land to
the south is part of sand and gravel operation while land to the west across Bailey Road is
a vacant hillside.
The portions of 8th Street, Bruce Avenue and alley that are being proposed for vacation
are all "paper streets" having not been improved for travel. The Tumalo Feed Mill
Quality Services Performed with Pride
Restaurant located on the petitioner's property takes its access off Bailey Road and does
not need any of the right-of-way proposed for vacation for access to the business. The
vacation of the right-of-way does make it easier for the business to expand on the site in
the future and to also enlarge or relocate its sanitary drainfield if necessary in the future.
A small building housing a real estate office does extend into the right-of-way of 8th
Street.
The petitioners represent all of the private properties abutting the sections of road right-
of-way proposed in this road vacation.
A visit to the site did not show there to be any overhead utilities in the road right-of-way
to be vacated, thus, there is no need to retain a utility easement where the right-of-way for
8`h Street and Bruce Avenue now exists. The retention of a utility easement where the
alley proposed for vacation does not appear to be necessary as the right-of-way for Bailey
Road is just to the west and the right-of-way for Wood Avenue is just to the east thereby
providing land for any future utilities.
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:
Bend Cable Communications: No response.
Tumalo Irrigation District: No response.
Central Electric Cooperative: No response.
US West Communications: No response.
Bend Fire Department: No response.
Deschutes County Property Management: No response.
Deschutes County Community Development Department: No response.
Deschutes County Legal 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
in the 1904 plat of Laidlow in Section 31, Township 16 South, Range 12 East of the
Willamette Meridian, Deschutes County, Oregon.
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.
3. The portions of 8th Street, Bruce Avenue and the alley proposed for vacation are all
classified as rural local streets by the Deschutes County Transportation Plan. These
right-of-ways are all "paper streets" that are not being used for street purposes. In
fact a building used as a real estate office is located partially within the right-of-way
of 8th Street. No building uses any of the right-of-way to be vacated for access.
4. The vacation of this portion of 8th Street and Bruce Avenue eliminates any future
possibility of a difficult odd angled intersection with Highway 20.
5. Utilities do not exist in the right-of-way to be vacated, thus, utility easements will not
have to be reserved where the right-of-way was located.
6. Surrounding zoning: The land adjoining the right-of-way to be vacated to the north
and east is zoned Rural Service Center (RSC). The land adjoining the right of- way to .
the south is zoned Rural Service Residential — Medium (RSRM and Surface Mining
(SM). The land to the west of Bailey Hill Road is zoned Rural Service Residential -5
(RSR -5).
7. The vacation of this section of 8th Street, Bruce Avenue and the alley running parallel
to Bailey Avenue and Wood Avenue will not leave any property without access. The
property owned by the applicants has access to and frontage on Highway 20, Wood
Avenue and Bailey Road. The county owned property fronting the portion of 8th
Street to be vacated has access to and frontage on both Bailey Road and. Wood
Avenue.
8. The portion of the right-of-way of Wood Avenue bisecting the applicant's property is
not being vacated because it provides access to property to the south of this area.
9. The property shall vest in the rightful owner holding title according to law pursuant to
ORS 368.366 (1) (c).
10. Recommendation:
Deschutes 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 8th Street,
Bruce Avenue and an alley north of 8th Street between 8th Street and Bailey Road would
not leave any land parcels without legal frontage on a public road.
Per ORS 368.346 Deschutes County finds the proposed vacation to be in the public
interest by returning the land to the tax rolls and allowing the adjoining private property
owners to better utilize their property.