2002-23-Resolution No. 2002-001 Recorded 1/8/2002REV D
LEG COUNSEL
DESCHUTES COUNTY ICIAL
YJ 2002-23
COMMISSIONERS' JOURNAL 01/08/2002 04;13;06 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating 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, 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. 2002-001
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 Tetherow Bridge Loop located in Section 36, Township 14
South, Range 12 East of the Willamette Meridian 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 Tetherow Bridge Loop 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 L day of 2002.
B�OARDOF COUNTY COMMISSIONERS
OF DESCHUXS COUNT y, OREGON
ATTEST:
Recording Secretary
1 - RESOLUTION NO. 2002-001
TOM UEWPLF, CHAT
•?
IS R. LUKE, COMMISSIONER
�.�
EXHIBIT "A"
POVEY & ASSOCIATES -LAND SURVEYORS PAGE 1 OF 2
\ 1 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.1W.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 SEI/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
N54039'30"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.
REGISTEfiED
PROFESSIONAL
D SU VEY®R
JULY 74G99' 8�y
1997-35\C01-127\VACATED2.WPS RDBW R'POVGT
1652 -
EXHIBIT "A"
PAGE 2 OF 2
ROAD VACATION SURVEY FOR
FRANK NEIL CHASE
OF A PORTION OF TETHEROW BRIDGE LOOP,
IN PARTITION PLAT 1995-21, LOCATED IN THE SE1/4 OF
SECTION 36, T.14S., R.12E., W. M.
A/8129,cc
774.1-70,
Lo
PARCEL 1
14'1'�5-1�/"
14,8 7'
G N49°15'33"E
61.81'
REGISTERED
PROFESSIONAL
AND, SURVEYOR
GREG N
IULY 14, 1978
ROBERT R. POVEY
1652
Renewal Date: 12/31/02
LEGEND.
2v' ® MONUMENT PER CS 12242
0 1/2" PIPE/CAP (CS 13249)
NO MONUMENT
NOT TO SCALE
F- RD. VACATION, APX. 0.15
ACRES (6420 S.F.)
�v
CIL P.1. PER
-� C.S. 00222
= 95.24'
' 3
300'
60.00'
Q:
4—
r�
N
0
4
N
rn
PARCEL 2
SCALE:
G'o. iZ 1"=100'
N28°46'04"W
282.47' \
NOTE. MEASUREMENTS ARE AS PER
PP -1995-21 (CS 12242 )
M97-35\c07-227,OWG
m
PARCEL 1
' 3
300'
60.00'
Q:
4—
r�
N
0
4
N
rn
PARCEL 2
SCALE:
G'o. iZ 1"=100'
N28°46'04"W
282.47' \
NOTE. MEASUREMENTS ARE AS PER
PP -1995-21 (CS 12242 )
M97-35\c07-227,OWG
Vacation of a portion of Tetherow Bridge Loop
The infomlation on this map was derived from dgital databases an
Deschutes County's G.I,S. Care was taken in the creation ofthis
map, but it is provided 'as is'. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
WP DESCHUTES COUNTY
ROAD DEPARTMENT
GIS DIVISION
John Anderson, GIS Specialist
Phoao:(541) 35&5587,email: iohn@duchm a.019
61150 &E. 27th St, Hand, 88, 97702
Area to Vaca
County Road
'Other Roads
Taxlots
® Rivers
ES
2�
Road Department
61150 S.E. 27th St., Bend, OR 97702
Engineer's Report (541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department 61 ---
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 14123613000701. 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
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 CEC'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).
Vacation of a portion of Tetherow Bridge Loop
The infommtion on this mm map was derived frodgtal databases on
Deschutes Countyrs G.I.S. Care was taken in the creation ofthis
map, but k is provided "as is'. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in ft dgltal
data or the underlying records. There are no warranties, express or
implied, indudng the warranty of mercherdahility or fitness for a
particular purpose, accomparryirg this product However, notification
of curry errors will be appreciated.
U DESCHUT'ES COUNTY
ROAD DEPARTMENT
61S DMSlON
John Axdersao, GIS Specialist
Phnna: 1541138&3501,mad: john@1asdwtw.m8
31158 S.F. 271h St_ Sano oR 37732
c:\data\arcview\roaddept\george\tetherovAvacation.apr
EXHIBIT "1"
Page 1 of 1
December 5, 2001
Area to Vacate
County Roads
/ Other Roads
Taxiots
® Rivers