2001-439-Order No. 2001-044 Recorded 5/24/2001VOL: CJ2001 PAGE: 439
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-439 * Vol -Page Printed: 06/01/2001 15:41:13
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:
NUMBER OF PAGES:
May. 24, 2001; 12:04 p.m.
Order (CJ)
Ice
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY NCH D
JU - 12001
RE ED
iEG OUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUhIT' , 05EGON
t� c'
An Order Vacating a Public Utility
Easement located in The Ridge at
Eagle Crest in Deschutes County,
Oregon. ;gym
ORDER NO. 2001-044
WHEREAS, proceedings for vacating a Public Utility Easement located in The Ridge
at Eagle Crest in Deschutes County, Oregon, were initiated by a petition filed by owners
of property abutting said Public Utility Easement pursuant to ORS 368.341(1) (c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said
owners' approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Road Official has prepared and filed with the Board a written
report pertaining to the vacation; and
WHEREAS, said report contains the County Road Official's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1 That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Road Official's written report, attached as Exhibit "B"
and by this reference incorporated herein, is hereby accepted and approved.
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That the property, vacated in section 3 herein shall vest with the
rightful owner holding title according to law, in accordance with ORS 368.366(2).
ORDER NO.2001-044 - PAGE 1
Section 5. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 6. That this Order shall be recorded with the Deschutes County Clerk,
and copies shall be filed with the Deschutes County Surveyor and County Assessor.
DATED this 2a��_ay of , 2001.
ATTEST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
TOM OLF, CHAIR_-,,,�r
DENNIS R. LUKE, CO MISSIONER
M CHAE M. DAL , COMMISSIONER
Before me, a Notary Public, personally appeared TOM DEWOLF, DENNIS R. LUKE,
and MICHAEL M. DALY the above-named Board of County Commissioners of Deschutes
County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes
County, Oregon.
DATED this ✓day of '��1( , 2001.
NOTARY PUBLIC FOR O ON
OFFICIAL SEAL My Commission Expires: Z�}d3
BONNIE BAKER
NOTARY PUBLIC -OREGON
COMMISSION NO. 321026
'Y COMMISSION EXPIRES FEB. 23 2003
ORDER NO.2001-044 - PAGE 2
PETITION FOR VACATION OF A PUBLIC UTILITY EASEMENT
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 public utility
easement be vacated.
Description of public utility easement to be vacated: see attached legal description and exhibit map
Located in Ridge at Eagle Crest 25 , Deschutes County.
Reason for public utility easement vacation request: due to a reconfiguration of lots at the time of final platting
a public utility easement was inadvertently left in place on Lot 1 ] 6. This public utility easement is not required due
to an open space to the north of Lot 116 being available for any utility extensions that may be required in the future.
The 10 foot wide public utility easement now on Lot 116 is not being used for any utilities and there are not any
plans for utilities to be placed on this easement in the future.
DATED this 19 day of March , 2001
PRINT NAME S URE DDRESS CITY STATE ZIP
PAUL A. WHITAKER ���.O. BOX 638 REDMOND OREGON 97756
Jerol E. Andres P.O. Box 1215 REDMOND OREGON 97756
Mark Kaupp 63090 Sherman Rd. BFND ORuGOU 97701
Al Gonzalez 11 P.O. Box 846 RFnMnun OREGON 97756
)9A0r4&a.D QFC 9 �a�9
STATE OF OREGON
6,X11
County of Deschutes )
On da of -t � , in the year 20 0 I before me, a Notary Public, personally appeared
$�LLL LkXL 6-1U..tZ personally known to me (or proved to me on the
basis of satisfactory—evidence
evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and
acknowledged that�iehe, they) executed it.
W S d of�al
,,r�'
OFFICIALSEAD330653 Notary Public for Oregon.
GINA M TI 0M Commission Expires: Z C
NOTARY PUBLIC - OY P
COMMISSION NO.
MY COMMISSION EXPIRES MA
EXHIBIT "A"
Pt-ut-easement.doc Page 1 of 3
STATE OF OREGON
SS.
County of yl� g2s— )
On this Qt' day of in the year 200 \ , before me, a Notary Public, personally appeared
E n 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.
STATE OF OREGON
SS.
County of ,c E56S z--' 3 )
WITNESSED my hand and official seal
Notary Public for Oregon.
My commission expires:
On this , --rbi day of in the year 20CO k , before me, a Notary Public, personally appeared
personally known to me (or proved to me on the
_ _basis of satisfactory _ev_iden)_t__be the person(s) name(s) is(are)._subscribed tc this__instrument,_and._—_
acknowledged that he (she, they) executed it.
r
STATE OF OREGON
SS.
County of� ,t -o )
WITNESSED my hada and .offici seal
NI I '
Notary Public for Oregon.
My commission expires:
On this q44> day f i , in the year 20 0 , before me, a Notary Public, personally appeared
AG �-�C3--v\Ziae-7— 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.
OFFICIAL SEAL
TAMMY K WANKER
NOTARY PUBLIC - OREGON
r COMMISSION NO. 313656
MY COMMISSION EXPIRES JUNE 17, 2002
W NESSED my hand and f i ial seat
Notary Public for egon.
My Commission Expires: Q Z
EXHIBIT "A"
Pt-ut-easement.doc Page 2 of 3
STATE OF OREGON
SS.
County of /VtQLT"Na/VNAIIf )
On this 1 g day of a P P- I L , in the year 20 U ! , before me, a Notary Public, personally appeared
'Lo4---'U M . A 0'1"t— 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.
OFFICIAL SEAL
KAREN L DAY
NOTARY PUBLIC -OREGON u -
COMMISSION NO. 317665
MY COMMISSION !--`CPIRES NOV. 2, 2002
STATE OF OREGON
SS.
County of
WED my hand an o icial seal M4-'� - . A'/z2�'
Notary lic for Oregon.
My commission expires: 1 j 1 z 1 zcriZ
On this day of , in the year 20 , 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.
WITNESSED my hand and official seal
Notary Public for Oregon.
My Commission Expires:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINS PETIT0LATED BY ME.
SIGNATURE
Q 2.0 sw Et KA(4 DR,UE, '96.,Ja . 02 4T70 Z
ADDRESS
TELEPHONE: 38$— 4ZES
EXHIBIT "A"
Pt-ut-easement.doc Page 3 of 3
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: May 16, 2001
SUBJECT: Vacation of a Public Utility Easement Within Ridge at Eagle Crest 25, Lot 116
This report is made pursuant to ORS 368.351, concerning the vacation of property without a
public hearing. A county governing body may make a determination about a vacation of
property without a public hearing if:
(1) The county road official files with the county governing body a written report that
contains the county road official's assessment that any vacation of public property is
in the public interest; and
(2) The proceeding for a vacation were initiated by a petition that contains
acknowledged signatures of 100 percent of the property owners abutting any public
property to be vacated.
Back rte:
Deschutes County received a petition from Paul A. Whitaker, Jerol E. Andres, Mark Kaupp, Al
Gonzalez and Florence Mott requesting the vacation of a utility easement being a 10 foot wide
strip of land on the northwesterly boundary of Lot 116, Ridge at Eagle Crest 25, excepting the
Northeasterly 5 feet of said strip along and parallel with Victoria Falls Drive.
Due to a reconfiguration of lots at the time of final platting, a public utility easment was
inadvertently left in place on Lot 116. This public utility easement is not required due to an open
space to the north of Lot 116 being available for any utility extensions that may be required in
the future. The 10 foot wide public utility easement now on Lot 116 is not being used for any
utililities and there are not any plans for utilities to be placed on this easment in the future.
Discussion:
The Road Department mailed out notices to all the utilities serving the area to determine if there
was any interest in maintaining a utility easement. No response has been received, thus we've
EXHIBIT "B"
PAGE 1. OF 2
Quality Services Perfonned with Pride
concluded that the utility easement may be vacated. The utilities notified of the utility vacation
request were: Bend Cable, Falcon Cable, Cascade Natural Gas, PGT, Qwest Corporation,
Central Electric Cooperative, Mid -State Electric, Pacific Power, US West Communications and
Cline Butte Utilities.
Findings:
It is the Engineer's assessment that this vacation is in the public interest as the reservation for a
utility easement not needed across this property.
The Road Department has verified that a petition under ORS 368.341 has initiated proceedings
for this vacation and contains the acknowledged signatures of the owners of 100 percent of the
property abutting the proposed vacation.
Recommendation:
It is the Engineer's recommendation that the Board approve the vacation of the reserved
easement as described in the attached Order No. 2001-044.
The vacated property shall vest in the rightful owner holding title according to law pursuant to
ORS 368.366 (1)(c).
EXHIBIT "B"
PAGE 2OF2
PACIFIC
920 S.W. Emkay Dr., suite c-100 EXHIBIT "C"
Bend, Oregon 97702
PUBLIC UTILITY EASEMENT
VACATION
A 10.00 foot wide strip of land located in the northwest one-quarter of the southwest one-
quarter of Section 14, Township 15 South, Range 12 East, Willamette Meridian,
Deschutes County, Oregon, being more particularly described as follows;
A 10.00 foot wide strip of land being the northwesterly 10.00 feet of Lot 116, Ridge at
Eagle Crest 25.
Excepting the northeasterly 5.00 feet of said strip along and parallel with Victoria Falls
Drive.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
W, 16to
OREGON
Jtli.Y 19, 1994
BRIAN W. REEVES j
RENEWAL OATS: l'L-00-•02
16870301 \word\It 1 16vac.doc
(541) 388-4255 Fax (541) 388-4229 Planning - Engineering - Surveying - Landscape Architecture
SCALE 1"=50'
95 /
i
TAX LOT 151214CB-2600
EAGLE CREST INC.
P-.o.--BOX-1215----------- --- -- -- � -- iy - -- - ��- - --- - —
REDMOND, OR
94
TAX LOT 151214C-100
EAGLE CREST INC_
P.O. BOX 1215
REDMOND, OR
PUBLIC UTILITY EASEMENT
TO BE VACATED
p
\
�\ X01
StR \ F
-� 116 \\
TAX LOT 151214CB-4100
C -CORP INC.
P.O. BOX 638
ti REDMOND, OR 11�`LI`
70. 0
0.
��.
115
</5' PUBLIC UTILITY
\� EASEMENT - TYPICAL
\
\
\
\
\
\
TAX LOT 151214C6-4000 \
FRANK NICKEL
ADRIENNE NICKEL
1035 VICTORIA FALLS
REDMOND. OR i
77
DA TE BY REVISION CHK
C -CORP
Ridge at Eagle Creat 25, tot 116
920 Ernkay, suite C-100 EXHIBIT MAP
Bend, Oregon 97702-1041 EASEMENT VACATION
DRAWN BY 13 WR (541)388-4255
CHECKED: BWR (541)388-4229 Fax DESCHUTES COUNTY
APPROVED: BWR whpaclfic.com SCALE: PROJECT NO. FILE NAME:
>� �` al 1 "=50' 02.1687.0301 srec25p1. d wg
Planners•Eogi.eam-Surveyors•Landscape drehltecta _._
0
0
a
OREGON o
W
Q
J
\
w
z
.4
(�
4�0 "
- — — — —� --
2
� Nr,
�o >
f§o
3o «.
2m#m
sr\{
)`
� Nr,
�o >