2001-418-Order No. 2001-041 Recorded 5/10/2001VOL: CJ2001 PAGE: 418
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-418 * Vol -Page Printed: 05/16/2001 09:40:39
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:
May. 10, 2001; 1:16 p.m.
Order (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY NCH D
M 62001
C J J691 - 4//[)
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Order accepting and approving the County Road
Official's Report on the vacation of a portion of the Alley
in Block 6 Between 2nd and 3rd Streets located in the
Laidlaw Subdivision (Tumalo), Deschutes County,
Oregon, setting a date for a public hearing, and providing
for public notice of said hearing.
ORDER NO. 2001 – 041
R WED
EG COUNSEL
COUNTY_ ORFrnN
01 ILIP 'f fU P14 I• io
_COUNTY CLciri
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2001-028 dated on May 9, 2001; 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 the Alley in Block 6 Between 2nd and 3rd Streets located in the Laidlaw Subdivision
(Tumalo), Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted and
hereby approved.
Section 2. That on Wednesday, June 20, 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 368.346(3) and 368.401 to 368.426.
DATED this ��—day of �; , 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTE&,COUNTY, OREGON
ATTEST:
Recording Secretary
1 - ORDER NO. 2001-041
TOM DVWLF, CHAIR
DENNIS R. LUKE, COMMISSIONER
MICH EL M. DALY, MMISSIONER
OI
�JTEs co
�2
Road Department
Engineer's Report 61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 - FAX (541) 388-2719
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
----
DATE: April 27, 2001
SUBJECT: Vacation of an alley in Block 6 between 2nd and 3rd Streets in Laidlaw
Subdivision (Tumalo)
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Discussion:
Deschutes County received a petition signed by all of the property owners having
property adjacent to the alley being proposed for vacation. The alley lies within Block 6
in the Laidlaw Subdivision, located in Tumalo in Deschutes County, Oregon. The alley
to be vacated is further described as running in a north -south direction between Cook
Avenue to the east and Bruce Avenue to the west. The alley is bound by 3rd Street on the
south and 2nd Street on the north. The location of the alley is shown on the map attached
as Exhibit "1 ".
There are no roadway improvements located in the alley which is vacant and has never
been open to traffic as far as we have been able to determine. From evidence on the
ground, no above ground or overhead utilities exist within this section of alley. There is
an underground irrigation line owned and operated by the Tumalo Town District
Improvement Co. that traversed the property. They are not opposed to the vacation as
long as their easement is retained.
The applicant's have requested the vacation of this alley right-of-way because they were
unaware that the right-of-way existed and there are fences and structures constructed on
the right-of-way The small segment of alley right-of-way proposed for vacation has not
been utilized for roadway purposes and Deschutes County has no need for the right-of-
way for future transportation purposes.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Bend Cable: No response.
EXHIBIT "A"
Paqe 1 of 4
Quality Services Performed with Pride
Laidlaw Water Company: No response.
Squaw Creek Irrigation Company: No response.
Tumalo Irrigation District: No response.
Tumalo Town District Improvement Co.: "4-14-01 Tumalo Town District
Improvement Co. has an irrigation ditch easement across the Belle Peters Property. This
was an open ditch water delivery system that is now buried. See attached map. As long
as this vacation of Alley does not change or restrict the District's ability to deliver water,
we have no negative response. We do not wish to give up our easement across any
properties within our system."
Pacific Power and Light: No response.
Central Electric Co-op: No response.
US West Communications: No response.
Bend Fire Department: No response.
Cloverdale Fire Department: No response.
Deschutes County Property Management: No response.
Deschutes County Community Development: No response.
Deschutes County Legal Counsel: No response
Findings:
Based upon 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 for road purposes on the
official plat of the Townsite of Laidlaw recorded and filed in Cabinet A, Page 38 of
the plat records in the office of the County Clerk, Deschutes County, Oregon
2. A utility easement does need to be reserved upon the property for the purpose of
providing for any existing utilities and any future utilities at this location based on the
response from the Tumalo Town District Improvement Co.
3. This portion of the alley was never constructed and open for traffic.
4. The alleys to the south in blocks 11, 14, 19, 24, and 29 have all been vacated.
EXHIBIT "A"
Page 2 of 4
5. The alley to the north in block 4 has been vacated.
6. The petitioners were not originally aware that the right-of-way for this alley existed.
7. The petitioners wish to consolidate their property and not have it bisected by a public
road right-of-way.
8 None of the adjoining property owned by the petitioners uses this right-of-way for
access.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public
interest. This property is not needed for roadway purposes and will not be needed in the
future. The Road Department recommends that the Board approve the vacation of this
public right-of-way as described in the attached Order No. 2001-041 subject to the
following conditions:
1. A reservation of a utility easement shall be retained upon this parcel for existing
and future utility facilities.
2. The vacated property shall vest in the rightful owner holding title according to
law pursuant to ORS 368.366 (1)(c).
EXHIBIT "A"
Paae 3 of 4
Alley in Block 6 Vacation in Tumalo
Legend
jSchool
/ State Highway
8County Road
AIley.shp
® Deschutes River
0 Taxlot
00 Block #
200 0 200 Feet
NE 1/4, Sec 31,
T16S, R12E, won.
The infonnnabon on this map was derived horn d1W databases an
Deschutes County's G.I.S. Caro was taken in the creation ofthis
map, but it is provided "as W. Deschubes County cannot accept any
responsibility far enols, omissions, or positional accuracy in the dgilal
data or the underlying records. There are no warranties, arpross or
implied, including the warranty of merchantability or fknm for a
particular purpose, accompanying this product. However, nvtificafion
of any errors will be appreciated.
t �a DESCHU ES COUNTY
ROAD DEPARTMENT
WS DIVISION April 11, 2001
John Anderson, GIS Specialist
F'hanu: l5d }! 96H G5�1, emmL ini:naKddgd,ue.;.c:p
011:;0 o.E. 2Tlh wt, Hand, I i. :577iJ2
EXHIBIT "A"
Pane 4 of 4
vACAnon tocanorl, -- ) I'
LO-
Ialrro PTq
I
i
Vacation of the Alley in Block 6 of the Townsite of Laidlaw (Tumalo)
All of the alley in Block 6 as shown on the official plat of the Townsite of
Laidlaw recorded and filed in Cabinet A, Page 38 of the plat records in the
office of the County Clerk, Deschutes County, Oregon
SUBJECT TO the reservation of a utilities easement in and upon all of the property; for
the purpose 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, it's agents, licensees and permittees; forever.
PROFESSIONAL
LAND-61AVEY4F
S /Z -3/-o/
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 JUNE 20, 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 a
portion of the Alley in Block 6 Between 2 and 3 Streets located in the Laidlaw Subdivision
(Tumalo) 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
TOM DEWOLF, Chair
PUBLISHED: Bulletin — May 30, 2001 and June 10, 2001
POSTED: May 30, 2001
MAILED: May 20, 2000