2001-419-Resolution No. 2001-028 Recorded 5/10/2001VOL: CJ2001
PAGE: 419
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-419 * Vol -Page Printed: 05/16/2001 09:42:46
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.
Resolution (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEYP CH D
SIA 6 2001
G'�d0/ y/ 9
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUf`i,W, OREGON
A Resolution Initiating the Vacation of a portion of
the Alley in Block 6 Between 2nd and 3rd Streets
located in the Laidlaw Subdivision (Tumalo) in
Deschutes County, Oregon, Describing the Property
Proposed to be Vacated, the Reasons for the
Vacation, and requesting that the County Road
Official file a Report.
RESOLUTION NO. 2001-028
07 IlA'E! 10 1 1. 16
COUNTY 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 SURVEYOR
4101
C. fiiFS ATEM
/Z -3/-o/
Allev in Block 6 Vacation in Tumalo
Legend
rSchool
State Highway
County Road
Alley.shp
Deschutes River
C] Taxiot
00 Block #
200 0 200 Feet
NE 1/4, Sec 31,
T16S, R12E, wm.
The inkmi. anon this mep was derived tram dgW dda6ases on
Deschutes Countyk G.I.S. Care wes taken in the creation of this
map, but it is provided "as W. Deschutes County cannot accept any
responsibility far errors, onissians, or positional accuracy in the 60W
data or the undedyiny records. There are no warranties, w press or
implied, inddky the warranty of merchantability orufi0ness or a
paAicular purpose axonponyinptlis product. However, nofificetian
d sy errors wiN be appnaiatad.
MW
DESCHUTES COUNTY
ROAD DEPARTMENT
61S DIMON April 11, 2001
John Ae&rcoe, 613 epseieest
Phm: 15411380,6581, stent WMWWhut..mr
81158 S.E. 27th SL Bend, On, 97702
91
TES
TO:
FROM:
DATE:
SUBJECT:
2�
Road Department
Engineer's Report 61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
Board of County Commissioners
George Kolb, County Engineer, Deschutes County Road Department gr�
April 27, 2001
Vacation of an alley in Block 6 between 2"d 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.
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.
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).
Allev in Block 6 Vacation in Tumalo
Legend
School
State Highway
A
A�/ ",
County Road
V
Alley.shp
Deschutes River
Taxiot
00 Block #
200 0 200 Feet
NE 1/4, Sec 31,
T16S, R12E, wm.
The InIm,,jdal on this map was derived from dj;WdWzbfiMAM; on
Deschutes C4untys G.I.S. Can we& taken in the crembon of this
map, but kisprovidsdlixfe. Deschutes C-ountYcmn0taccept any
respolWbilty for efforj, omissions, or posidaW accurNICY in the 69W
dots or the underlying records. There are no warranties, MI(Iffm Or
implied, indudW the warranty of rrarchaintsbifity or flMss Ibr a
urp- Wing this product. However, r"kaficn
errp A R Ob'=dw.W
DESCHUTES COUNTY
ROAD DEPAIMMENT
GIs I)IM101f April 11, 2001
John AnOmns, 618 SPOdMfist
150 91.271h 81_ 9-L T, qT702