2002-21-Order No. 2002-002 Recorded 1/8/2002REVIEWED
L o, d5 UNSEL
COUNTY OFFICIAL
MARYHSUESPENHOLLOW, COUNTYRCLERKS
COMMISSIONERS' JOURNAL 01/08/2002 04;12;25 PM
ror xecorutuy oL-cmLy %ii11y
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the
County Road Official's Report on the
vacation of a portion of Tetherow Bridge
Loop located in Section 36, Township 14
South, Range 12 East of the Willamette
Meridian, Deschutes County, Oregon,
setting a date for a public hearing, and
providing for public notice of said hearing.
ORDER NO. 2002 - 002
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2002-001 dated on January 9, 2002; 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 Tetherow Bridge Loop located in Section 36, Township 14
South, Range 12 East of the Willamette Meridian, Exhibit "A", attached hereto and by
this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, February 27, 2002, 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.
1 - ORDER NO. 2002-002
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 ~-6 day of , 2002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
TOM -DWOLF, C
ATTEST:
Recording Secretary
D NNIS R. LUKE, COMMISSIONER
.010
f
.'Ooe~
MICHAEL M. DALY, MMISSIONER
2 - ORDER NO. 2002-002
EXHIBIT "A"
PAGE 1 OF 3
2-~
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: December 28, 2001
SUBJECT: Vacation of a portion of Tetherow Bridge Loop
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 Frank N. Chase to vacate a portion of
Tetherow Bridge Loop located at the end of the right-of-way. There is an unimproved
road running from the end of Tetherow Bridge Loop right-of-way up a steep slope to tax
lot 141236D000701. Mr. Chase indicated that this was the original access to his property
before Tetherow Bridge Loop was dedicated and is located on a private easement. This
private easement has been terminated by all parties by document Vol: 2000; Page: 6861.
I made a field trip out to the site to determine if vacation of this portion of right-of-way
would adversely affect the use of the road by the public. Because of the steep grade and
the location of existing buildings on tax lot 141236D000701 owned by Franklin and
Jenette Paulson, I felt that it would be highly unlikely that there would ever be a reason to
extend Tetherow Bridge Loop from its present terminus to the top of the bluff. I did send
out notification to all the residents living on top of the bluff for their comment.
Mr. Chase has requested the vacation to remove the portion of the right-of-way created in
PP 1995-21 from his lot. In January of 2000, Mr. Chase did a lot line adjustment of his
property and as a result of the lot line adjustment; the right-of-way now extends into his
property as shown on the attached Exhibit 1. He would like to have the right-of-way
vacated to better consolidate his lot.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Pacific Power and Light: No response.
Quality Services Performed with Pride
EXHIBIT "A"
PAGE 2OF3
Central Electric Co-op: "Central Electric Cooperative has existing underground high
voltage cables within the area of the vacation request. These cables currently serve the
lots in the area. CEC would need a utility easement covering this area if it were to be
vacated. Please contact Jon Pilling, CEC staking engineer, at 923-7147, if you have any
questions regarding CEO's facilities in the area."
Qwest Communications: Response from Florence Mott, Manager, right-of-way: "Yes,
we do have facilities on the Tetherow Bridge Loop. It is imperative our easement be
retained."
Redmond Fire Department: No response.
Deschutes County Community Development: 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 Partition
Plat No. PP 1995-21.
2. Based on information provided by Central Electric Co-op and Qwest, a utility
easement does need to be reserved over the entire right-of-way
3. This portion of Tetherow Loop Bridge is located at the end of the right-of-way and
would not continue on past the present location to serve any other properties
4. The petitioner wishes to consolidate his property by removal of the right-of-way
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. 2002-002 subject to the
following conditions:
1. A reservation of a utility easement shall be be retained on the vacated portion.
2. No opposition to the vacation is reported to the County prior to or during the
public hearing.
3. The vacated property shall vest in the rightful owner holding title according to
law pursuant to ORS 368.366 (1)(c).
December 5, 2001
Area to Vacate
County Roads
/N /Other Roads
Taxlots
Rivers
500 0 500 1000
The information on this map was derived from digBal databases on
Deschutes County's G.I.S. Care was taken in the creation ofthis
map, but t is provided'as is'. Deschutes County cannot accept any
responsibility for ertors, omissions, or positional accuracy in the digital
date or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, aacontparrying Us product However, notification
of arty errors will be appreciated.
DESCHUTES COUNTY
ROAD DEPARTMENT
&IS DIVISION
Jahn Anderson. GtS Specialist
P 38&8587, email: Inhnepdesdmmamq
SiM1mn:l541! 158 S.E. 271h St. hoed OR 87782
c:\data\a rcv iewAroaddept\george\tethero\nAvacatio n. apr
EXHIBIT "1"
Page 1 of 1
Vacation of a portion of Tetherow Bridge Loop
POVEY & ASSOCIATES-LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1652 and 2039
PARTNERSHIP I.D. #93-0738184
P.O. BOX 131 -OFFICE 338 S.W. 7th - REDMOND, OREGON 97756 - (541) 548-6778
Fax (541) 548-0478
VACATION Description
Neil Chase
in the SE1/4 Section 36, T.14S.,R.12E.,W.M.
portion of TETHEROW BRIDGE LOOP
Description of a parcel of land situate in a portion of
Tetherow Bridge Loop as dedicated by Deschutes County Major
Partition Number MJP 81-13, a major land partition located
in the SE1/4 of Section 36, Township 14 South, Range 12 East
of the Willamette Meridian, Deschutes County, Oregon, more
particularly described as follows:
Commencing at a 3/4" pipe per County Survey No. CS12242
monumenting the most Westerly corner of Parcel 2 of
Deschutes County Partition Plat Number PP-1995-21, the
Initial Point as well as the true POINT OF BEGINNING; thence
N54039130"W along the right-of-way (R/W) of Tetherow Bridge
Loop - 135.57 feet to a 3/4" pipe per CS12242, from which a
1/2" rebar in the centerline of said roadway bears
S0000910711W - 36.72 feet; thence S00009'0711W - 73.41 feet to
a 3/4" pipe per CS12242 on the R/W of said roadway; thence
S54039130"E along said R/W - 78.41 feet to a 1/2" pipe per
CS13249; thence N49015'33"E - 61.81 feet to the POINT OF
BEGINNING.
The same containing approximately 0.15 land acres (6420
square feet), subject to all existing easements and rights-
of-way over and across the above described parcel of land,
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, 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.
M97-35\C0I-227\VACATED2.WPS
REGISTERED
PROFESSIONAL
.JYD SU VEYOR
QRIO
JULY A 197V8
ROBBIT RC. POVEY
162-
EXHIBIT "B"
PAGE 1 OF 2
ROAD VACATION SURVEY FOR
FRANK NEIL CHASE
OF A PORTION OF TETHEROW BRIDGE LOOP,
IN PARTITION PLAT 1995-21, LOCATED IN THE SE114 OF
SECTION 36, T.14S., R.12E., W. M.
REGISTERED
N812923„~ PROFESSIONAL
cri
74 7o S~9s A D S U V EYO R
O R E G N
JULY 14, 1978
PARCEL 1 ROBERT R. POVEY
Q O s. 1 652
Renewal Date: 12/31/02
4s LEGEND:
0 MONUMENT PER CS 12242
0 112" PIPE/CAP (CS 13249)
y sir `~O pd NO MONUMENT
NOT TO SCALE
RD. VACATION, APX. 0.15
N49°15'33"E ACRES (6420 S.F.)
8
61.81'
L 14-,S 7'/
CIL P.1. PER
C.S. 00222 G
95.24'
N
~ Z
CDt C/1 1~ N ~in tS`,
cy7 N Ca N C3,~ C3~ / v'~
60' ° SCALE:
Oo' , t0 N
~ co
m
cal 1 cd
m PARCEL 2
-IL u~
-7 1 \
~ N
PARCEL 1 O
30' ..30'
60.00'
h J J^i
U ~
G~ N
co
N d
D O
4, O
-o
QQ ~ V"
N28°46'04"W
282.47'
NOTE: MEASUREMENTS ARE AS PER
PP-1995-21 (CS 12242)
M97-351,C07-227.DVG
EXHIBIT "B"
PAGE 2OF2
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 FEBRUARY 27, 2002, 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 Tetherow Bridge Loop located in Section 36, Township 14 South, Range 12 East of the
Willamette Meridian in Deschutes County be vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of an existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
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) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
PUBLISHED: Bulletin - February 7 and February 17, 2002
Spokesman - February 6 and February 13, 2002
POSTED: February 7, 2002
MAILED: January 28, 2002