2000-1063-Order No. 2000-117 Recorded 12/19/2000VOL: CJ2000
PAGE: 1063
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2000-1063 * Vol -Page hinted: 12/21/2000 16:38:17
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.
Order (CJ)
NUMBER OF PAGES: 13
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
K PUN HED
D 2 12000
MICROF MED
DEC 7 2000
REVIEWED
AL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the County Road Official's * 00 DEC 19 PM 2' 11
Report on the vacation of portions of 8th Street, a portion of MAR' Y S0L' HENr10 L 100
Bruce Avenue and a portion of the Alley in Block 27, located in * COUNTY CLERX
Laidlaw Subdivision, Deschutes County, Oregon, setting a date
for a public hearing, and providing for public notice of said hearing.
ORDER NO. 2000 —117
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2000-082 dated on December 13, 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 certain dedicated public road(s) known as
portions of Street, a portion of Bruce Avenue and a portion of the Alley in Block 27, located in Laidlaw
Subdivision, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted
and hereby approved.
Section 2. That on Wednesday, January 24, 2001, 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 368.34(3) and 368.401 to 368.426.
DATED thisl - 'day of , 2000.
ATTEST:
Recording Secretary
1 - ORDER NO. 2000-117
BOARD OF COUNTY COMMI IONERS
OF DFSPHUTEJS, CQUN�YEGON
/; j DA L. SWEARINGEI ! HAIR
n ,/ .
DENNIS R. LUKE, COMMISSJONER
TOM DEWOLF, COMMISSIO
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.
Background:
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 4".
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
Exhibit "A"
Page 1 of 8
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
8th 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.
Exhibit "A"
Page 2 of 8
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 Pian. These
right-of-ways are all "paper streets" that are not being used for street purposes. In
fact a building used as areal 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.
Exhibit "A"
Page 3 of 8
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:
J
n
Located in %ru L" Z fl J , Deschutes County.
Reason for road vacation request: _('�y►s' 17 / r ���-P ,14P�Y /� 5/ Y�'�'�t�
DATED this 3 day of 0M(3WZ— , Uoo
PRINT NAME
`I01m �1/SNjJ�LC-
IWATURE
STATE OF OREGON )
ss.
County of Ps ��ti :jW S )
aj
ADDRESS CITY STATE ZIP
6yog W. Hwy 2p 13 1uD ca 9?)P/
G Y&I1 0-IAJ4 W A2 1776,/
On this _vj_o day of C c b=.- , in the year 2-6
T-9 before me, a Notary Public, personally appeared
h j- 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.
FFICIA SEAL WITNESS my hand and off ial seal
dBBIE LI BLEILEr� �• /c %-l`
NOTARY PUBLIC. OREGON .,.4�i
COMMISSIONNO.MAR27, Notary Public for Oregon.
COM332865
MISSION EXPIRES MAR 27, 2004
My Commission expires: 3 -�77 -azp $!e'
Page 1 of 2
Exhibit "A"
Page 4of8
STATE OF OREGON
County of
s
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 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
r. —
r Notary PbblicforOregon.
My Commission expires: —
t
STATE OF OREGON )
ss. 4 `
;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
I CERTIFY THAT THIS IS THE TRUE AND
Notary Public for Oregon.
My Commission expires: _
,;MATURE
ADDRESS
ULATED BY ME:.
TELEPHONE: Syl 3�Z '2Z02-_
Page 1 of 2
Exhibit "A"
Page 5 of 8
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 8`h 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"treeHying-west-of the-west-right=of=way-line-of�Hood 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 N89°58' 34"E a
distance of 37.68 feet to the Point of Beginning; thence leaving said south Fine
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 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.
RR,OF>v'ri IONAL
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Exhibit "A"
11 j Page 7 of 8
PROPOSED ROAD VACATIONS OF PORTIONS OF 8TH ST.,
BRUCE AVENUE, AND THE ALLEY IN BLOCK 27 IN THE PLAT OF LAIDLAW (TUMALO)
DESCHUTES COUNTY ROAD DEPARTMENT ]SCALE: 1"-200' DRAWN B - �MJ-�..� DATE: 11/8/00 SHEET
1150 S.E. 27TH STREET, BEND, OR. 9770 F ILE.- JA S BSK -\PR0J\w4l38 -00\dwg\ W4VU-U VERVIEW.DWG 1 OF 1
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Exhibit "A"
11 j Page 7 of 8
PROPOSED ROAD VACATIONS OF PORTIONS OF 8TH ST.,
BRUCE AVENUE, AND THE ALLEY IN BLOCK 27 IN THE PLAT OF LAIDLAW (TUMALO)
DESCHUTES COUNTY ROAD DEPARTMENT ]SCALE: 1"-200' DRAWN B - �MJ-�..� DATE: 11/8/00 SHEET
1150 S.E. 27TH STREET, BEND, OR. 9770 F ILE.- JA S BSK -\PR0J\w4l38 -00\dwg\ W4VU-U VERVIEW.DWG 1 OF 1
Proposed Road Vacations in Tumalo
(Locator Map)
State h ig nway
County Road
Road Centerline
Rivers
Tumalo
Unincorporated
Community
City
FEE
November 29, 2000
N
w E DESC11UrES COUNTY
S ROAD DEPARTMENT
GLS DIVISION
John Aabrson, 618 Specialist
Pbw: (5411811&6581, small: InhaeF7tlearhutao.arp
fit 156 S.E. 77A St., 6nnd, 6R, 877117
Exhibit "A"
Page 8 of 8
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Proposed vacation
BEND
w
10000 0
10000 20000
Feet
State h ig nway
County Road
Road Centerline
Rivers
Tumalo
Unincorporated
Community
City
FEE
November 29, 2000
N
w E DESC11UrES COUNTY
S ROAD DEPARTMENT
GLS DIVISION
John Aabrson, 618 Specialist
Pbw: (5411811&6581, small: InhaeF7tlearhutao.arp
fit 156 S.E. 77A St., 6nnd, 6R, 877117
Exhibit "A"
Page 8 of 8
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 N89°58'34"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
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 8t"treeHying-west-of-the-west-right=of=way-tine-of-W-ood-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 8'h
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 S00004'15"E 60.00 feet to said south line of 8th Street; thence
leaving said west line and along said south line S89058'34"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.
PR0FS^SI01r'1AL
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EXHIBIT "B"U(��/,��/`
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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 JANUARY 24, 2001, 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 portions
of 8th Street, a portion of Bruce Avenue and a portion of the Alley in Block 27, located in Laidlaw
Subdivision in Deschutes County be vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of an existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
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) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Chair
PUBLISHED: Bulletin — January 4 and 14, 2001
POSTED: January 4, 2001
MAILED: December 21, 2000
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PROPOSED ROAD VACATIONS OF PORTIONS
BRUCE AVENUE, AND THE ALLEY IN BLOCK 27 IN THE
DESCHUTES COUNTY ROAD DEPARTMENT JSCALE= 1:-:2=
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350 S.E. 27TH STREET, BEND, OR, 9770v-[FILEtJ:\SDSK\PRUJ\w4UB-00\dwg\W4UU
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OF 8TH ST.,
PLAT OF LAIDLAW
I DATE: 11/8/00 1
TUMALO)
SHEET
1 OF 1
Proposed Road Vacations in Tumalo
(Locator Map)
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Proposed Vacation
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Staie Highway
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Road Centerline November 29, 2000
Rivers N
- Tu m a t o w E �"DESCHUTES COUNTY
Unincorporated S ROAD DEPARTMENT
61S DIMION
Community John Andatmo, 019 8wcig(lat
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City 07150 S.F. 27th Ft, Oeed, OR, 07702