2001-494-Resolution No. 2001-035 Recorded 6/21/2001-----------------------
-----------------
VOL: CJ2001 PAGE: 494
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2001-494 * Vol -Page Printed: 06/29/2001 15:46:18
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:
Jun. 21, 2001; 9:23 a.m.
Resolution (CJ)
NUMBER OF PAGES: 8
KEYP��HE�
SUN 15 ZOo1
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
Os A00110 y'?y
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCH
A Resolution Initiating the Vacation of a portion
of the 1926 Nichols Market Road (now known
as Tumalo Road) located 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. 2001-035
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WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned
for vacation of a public road known as a portion of the 1926 Nichols Market Road (now known as
Tumalo Road) located 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 portion of the 1926 Nichols Market Road (now known as Tumalo Road) located
in Deschutes County, Oregon, 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.
DATED this day of QL , 2001.
ATTEST:
K&Mucc'�-
Recording Secretary
1 - RESOLUTION NO. 2001-035
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM Dr:$NOLF, CHAIR
DLNNIS R. LUKE, COMMISSIONER
MIGHA(EL M. DALY. OOMMISSIONER
EXHIBIT "All
Vacation of a Portion of the 1926 Nichols Market Road (Tumalo Road)
A portion of the 1926 Nichols Market Road (now known as Tumalo Road) as established
on November 12, 1926 in Deschutes County Commissioner's Journal 2, Page 122 lying
in the SE 1/4 NW 1/4 and the NE 1/4 SW 1/4 of Section 27, Township 16 South, Range
12 East of the Willamette Meridian, Deschutes County, Oregon, and being more
particularly described as follows:
Commencing at the brass disk monumenting the East 1/4 corner of said
Section 27; thence along the east line of said Section 27 N00006'39"W a
distance of 34.61 feet to the northerly 30.00 foot right-of-way line of the 1926
Nichols Market Road (now known as Tumalo Road); thence leaving said
section line and along said northerly right-of-way line 51.48 feet along the arc
of a non -tangent curve to the left with a radius of 12,893.89 feet and a long
chord which bears N89045'53"W a distance of 51.48 feet; thence N89°52'44'W
a distance of 101,92 feet to the point of Beginning; thence N89052'44"W a
distance of 407.73 feet to the southerly projection of the east right-of-way line
Of 78th Street as shown on the plat of "First Addition to Whispering Pines
Estates"; thence.leaving said north right-of-way line and'.along said east right-
of-way Ione S00°01'51 "E a distance of 60.00 feet to the southerly 30.00 foot
right-of-way line of the 1926 Nichols Market Road; thence leaving said east
right-of-way line and along said southerly right-of-way line S89052'44"E 'a
distance of 294.12 feet; thence leaving said southerly right-of-way line 29.41
feet along the are of a non -tangent curve to the right with a radius of 290.00
feet and a long chord which bears N62°14'50"E a distance of 128.34 feet to the
Point of Beginning. Containing 20,439 square feet (0.469 acres) more or less.
Bearings are based on the Central Oregon Coordinate System as shown on.
the 1999 right-of-way retracement survey of Nichols Market Road tiled as
"CS13522" in the office of.the Deschutes County Surveyor.
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.
PROFESSIONAL
MCHAM.'WJW
REMVACUM 19131101
J:1LDD2\Projects\W376SVY\DbCWeeds-ph1\Tumalo Road Vacation-Igl.doc
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MEYER,LOUELLA (MIRRA) IN TRUST
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PORTLAND OR 97219
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CLACKAMAS OR 97015
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MEYER,LOUELLA (MIRRA) IN TRUST
8224 SW 2ND
PORTLAND OR 97219
EAST 1/4
CORNER
SEC, 27
TUMALO ROAD
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(1926 NICHOLS MKT. RD.)
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Proposed vacation is located in
the SE 1/4 NW 1/4 and the NE 1/4
SW 1/4 of Section 27, Township
16 South, Range 12 East of the
Willamette Meridian, Deschutes
County, Oregon
PROPOSED VACATION OF A PORTION OF THE
1926'NICHOLS MARKET ROAD NOW KNOW AS TUMALO ROAD
DESCHUTES COUNTY ROAD DEPARTMENTSCALES 1"200' DRAWN BY-M.J.B. DATE 3/2/01
1150 S.E. 27TH STREET, BEND, DR. 9770 cr, - ,., v 11v nv .. „o., .,., 1 :.._.. _..__.:_...
SHEET
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Location of Proposed Vacation
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May 22, 2001
Information
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map, but itis provided •as Is". Deachutes County cannot accept any `� ROAD DEPARTMENT
Major Roads responsibility for off=.orissions,orpositional accuracy inQ»digital
data or the underlying records. Then tie no warranties, express or HIS DIVISION
State Highway Implied, Indudingthewarronty ofinerchantaNlky ortYneas for a J.b. AW— 6rs 5r.6.14l
pardcularpurpose, accompanying this producL However,notillcation r na,ec;:n, .,aioeau= dQ
City of any errors wird he appreciated.
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Information
Vacation Location D sehutes Cou � thisG.I.S.Care
waste kon In the
acs on ..
ntys .I.S. Cero wastaken h the ereatlan otthk �� DESCHUT£S COUNTY
map, but itis provided •as Is". Deachutes County cannot accept any `� ROAD DEPARTMENT
Major Roads responsibility for off=.orissions,orpositional accuracy inQ»digital
data or the underlying records. Then tie no warranties, express or HIS DIVISION
State Highway Implied, Indudingthewarronty ofinerchantaNlky ortYneas for a J.b. AW— 6rs 5r.6.14l
pardcularpurpose, accompanying this producL However,notillcation r na,ec;:n, .,aioeau= dQ
City of any errors wird he appreciated.
c:\data\arcview\roaddept\george\tumalord
TES
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 6++io4--"
DATE: June 13, 2001
SUBJECT: Vacation of a Portion of the 1926 Nichols Market Road (Tumalo Road)
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)
f
(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 proceedings 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.
Backwound:
ound:
Deschutes County is the petitioner on this vacation because of an agreement with a property
owner brought about by the construction of Deschutes Junction Phase I. Mirra LouElla Meyer is
a property owner on Nichols Market Road and was affected by the realignment of Nichols
Market Road. Because of the realignment, Ms. Meyer felt that her property would be adversely
affected by the headlights of traffic turning onto Nichols Market Road traveling east to Highway
97. In the attached letter dated July 28, 1998, the County agreed to several mitigating measures,
one of which was to initiate the vacation proceeding for the unused right-of-way created by the
realignment of Nichols Market Road.
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the
area to determine if there was any interest in maintaining a utility easement. The following are
the utilities notified and their response to the vacation:
Quality Services Performed with Pride
Bend Cable: No response
Avion Water: "Avion Water Co., Inc. presently has a 10" water line within the area to be
vacated. Please reserve a 20 -foot wide easement running the entire length of the
North property line of the area to be vacated. Questions? Contact Mark Kerns or
Dave Tolve; 382-5342."
COI Irrigation: No response
Pacific Power: "Pacific Power has one utility pole in the proposed vacation and has utility wire
overhang along the entire proposed vacation. Pacific Power requests that the
easement be retained for these mentioned facilities."
Qwest Communications: "Qwest is requesting to retain easement in the area of vacation due to
existing buried facilities along Tumalo Road at 78th St. Sec 27; T16S;
RUE; Tax Lot 01200"
Long Butte Water: No response
Swalley Irrigation District: No response
Bend Fire Department: "The fire department has no comments at this time."
Cloverdale Fire Department: No response
Redmond Fire Department: "No comment — out of fire district."
Jim Bonnarens, Deschutes County Property Manager: "No comment or interest in this
vacation."
Rick Isham, Deschutes County Legal Department: No response
Kevin Harrison, Deschutes County Community Development Department: 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 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.
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
Avion Water Company, Pacific Power and Qwest Communications.
3. This portion of roadway was obliterated as part of the Deschutes Junction Phase I
realignment of Nichols Market Road and is no longer available for public travel.
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. 2001-061 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).
r -"J ,� Road Department
.moi A A_44�.�
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
July 28, 1998
Mirra LouElla Meyer
8244 SW Second Avenue
Portland, OR 97219
Re: Tumalo Road / Hwy. 97 Overcrossing Project
Dear Ms. Meyer:
Enclosed are copies of the construction plans for 78th Street and Tumalo Road; a parcel
map of property to be deeded to you; and a map showing existing and potential access
locations for your properties.
All of the road construction fronting your property will be within the existing road right
of way. It appears that your existing fences are very close to the right of way line, so
your fence and anything behind your fence (trees, landscaping, etc.) should not be
disturbed during construction.
As we discussed, the County will deed the 0.95 acres of land (shown on the enclosed
parcel map) to you in lieu of any mitigation measures for possible impacts to your
property caused by the realignment of Tumalo Road. The County will be responsible for
the lot line adjustment, right of way vacation, recording of deeds, and surveying
necessary to transfer title of the property to you.
Please do not hesitate to give me a call if you have further questions.
Sincerely,
;� . —2 Lo�p—
Tom Blust
Director,
Deschutes County Road Department
Enclosure: maps
Quality, Services Performed with Pride