2001-447-Resolution No. 2001-030 Recorded 5/24/2001VOL: CJ2001 PAGE: 447
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
111111111111111111111111111111111111111111111111111111111111
*02001-447 * Vol -Page Printed: 06/29/2001 10:58:39
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. 24, 2001; 12:04 p.m.
Resolution (CJ)
NUMBER OF PAGES: 6
KEYPUNCHED /3f
JUN 15 2001 6'��
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
f All - Y f 2 ZR
OUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a Public *
Utility Easement located in the Ridge at Eagle *
Crest in Deschutes County, Oregon, Describing * o
the Property Proposed to be Vacated, the * r;
Reasons for the Vacation, and requesting that
the County Road Official file a Report.
RESOLUTION NO. 2001-030
.tom
N
WHEREAS, the owners of land abutting the proposed right-of-way to be vacate11d--pe*ned
for vacation of a public road known as a Public Utility Easement located in The Ridge at -Eagle Crest
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 a public utility easement located in the Ridge at Eagle Crest 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.
a
DATED this � day of , 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DFPWOLF, CHAIR
ATTEST:
DENNIS R. LU
Recording Secretary
MICf9AEL M
1 - RESOLUTION NO. 2001-030
MISSIONER
COMMISSIONER
PACIFIC EXHIBIT "A"
920 S.W. Etnkay Dr., Suite C-100
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. /61e4
OREGON
JULY 19. 1994
BRIAN W. REEVES
2677
RENEWAL DATE. 1'L-00^02
16870301 \word\It 1 16vac.doc
(541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture
TAX LOT 151214CS-2600
EAGLE CREST INC.
—P.0—BOX-1-2-15-
REDMOND, OR
,
95
\ S i
94
TAX LOT 151214C-100
EAGLE CREST INC_
P.O. BOX 1215
REDMOND, OR
4j
CPO
PUBLIC UTILITY EASEMENT f6 \\
TO BE VACATED
moo`TAX LOT 151214CB-4100
\ C -CORP INC.
P.O. BOX 638
y REDMOND, OR
Irp, p
per,
115
DATE I BY I REVISION
920 Emkay, Suite C-100
Bend, Oregon 97702-104
DRAWN BY.- 8WR(541)388-4255
CHECKED: B WR(541)388-4229 Fax
aI.whpacific.com
APPROVED: 8 W
<' 5' PUBLIC UTILITY
\� EASEMENT - TYPICAL
A \
\
TAX LOT 151214CB-4000 \
FRANK NICKEL
ADRIENNE NICKEL
1035 VICTORIA FALLS
REDMOND, OR
77
C -CORP
Ridge at Eagle Creat 25, Lot 116
EXHIBIT MAP
EASEMENT VACATION
DESCHU TES COUNTY
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ENGINEER'S REPORT
TO: Board of County Commissioners
Road Department
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
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.
Background:
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
Quality Services Performed 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).