2002-193-Order No. 2002-042 Recorded 3/28/2002DESCHUTES COUNTY OFFICIAL RECORDS CJ 2001'193
MARY SUE PENHOLLOW, COUNTY CLERK
REVIEWED COMMISSIONERS' JOURNAL 0311812002 03:40:44 PM
LE SEL
For Recording Stamp only
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 portion of 19th Street
located in Hillman Subdivision in Terrebonne, Deschutes
County, Oregon, setting a date for a public hearing, and
providing for public notice of said hearing.
ORDER NO. 2002 - 042
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2002-011 dated on March 27, 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 19th Street located in Hillman Subdivision in Terrebonne,
Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, May 8, 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. 2002-042
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' - day of 2002.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHU S, C U , OREGON
TOM DE LF, CHAR-5r
15ENNIS R. LUKE, COMMISSIONER
MICHAEL M. DALY, COMMISSIONER
2 - ORDER NO. 2002-042
OJT ES
c0
p'° fr'` 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 Department6
DATE: March 12, 2002
SUBJECT: Vacation of a portion of 19th Street between "A" Avenue and "B" Avenue
(Terrebonne)
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 Jack and Janet Abbas to have the portion of 19th
Street between "A" Avenue and "B" Avenue vacated. The Abba's own all six lots that border
19th Street and are in the process of reconfiguring the existing six lots.
I made a field trip out to the site and found there are no roadway improvements located in this
right-of-way and it has never been open to traffic as far as we have been able to determine.
There are no above ground utilities evident on the right-of-way. 19th Street to the south was
vacated in 1997.
The applicant's have requested the vacation of this right-of-way to allow them to better utilize
the existing lots through a lot line configuration. The properties will still have access to a public
right-of-way, specifically "A" Avenue to the south, "B" Avenue to the north and 1St Street to the
east.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Terrebonne Water Company: No response.
Pacific Power and Light: No response.
Central Electric Co-op: No response.
EXHIBIT "A"
PAGE 1 OF 2
Quality Services Performed with Pride
Qwest Communications: "Qwest Corporation does not have any interest in vacation property
referenced above." Florence Mott, Manager ROW, 3-11-02
Pacific Gas and Transmission: 3/7/02 - Received a phone call from Robert Lattimer with PGE
indicating they were not affected by the vacation and did not have any opposition to it.
Redmond Fire Department: No response.
Deschutes County Community Development: Response dated March 1, 2002, "No problem
from Planning Standpoint."
Deschutes County Legal Counsel: 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 the official plat
of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office of the
County Clerk, Deschutes County, Oregon
2. A utility easement does not have to be retained on the vacated portion of 19th Street.
3. This portion of 19th Street was never constructed and open for traffic.
4. The petitioners wish to consolidate their property and not have it bisected by a public road
right-of-way.
5. None of the adjoining property owned by the petitioners uses this right-of-way for access.
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. 2002-043 subject to the following conditions:
1. A utility easement does not have to be retained on the vacated portion of 19th Street.
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).
EXHIBIT "A"
PAGE 2OF2
EXHIBIT "B"
Vacation of a Portion of 19th Street Between A Avenue
and B Avenue in the Plat of Hillman (Terrebonne)
That portion of 19th Street lying north of the north right-of-way of "A" Avenue as
shown on the official plat of Hillman recorded and filed in Cabinet A, Page 77 of
the plat records in the office of the County Clerk, Deschutes County, Oregon and
southerly of the south right-of-way line of "B" Avenue as shown on said plat of
Hillman.
LAND S J'RWE YOR
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MICHAEL J. BERRY
,RENEWAL DATE: 12/31/j.)
J:\DATA\WORD\MJB\VACATE\19th between A&B(Hillman).doc
3/13/2002 2:11 PM mjb
Vacation o a Portion of "19th Street"
Terrebonne
Location of Vacation
200 0 200 400 Feet
Section 14, Township 13 South, Range 16 East, \tvm
W Portion to be Vacated
~ ~Other Roads
//County Roads
Railroad
Taxiots
Printed: March 1, 2002
The information on this map was derived from dgital databases on
Deschutes Coumys G.I.S. Care was taken in the creabar of this
map, but it is prm6ded'msle. Deschutes County cannot accept any
responsibiNty for errors, ornisslons, or positional accuracy in the digital
data or the underlying records. There are nowarran ies, express or
N implied, inducing thewerranty of merchantability or fib!ess for a
particular purpose, accompanying this product. However, notification
of arty errors will be appreciated.
DiESCHUTES COUNTY
ROAD DEPARTMENT
GIS DIVISION
John Anderson, GIS Specialist
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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 MAY 8, 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 19 Street, located in Hillman Subdivision in Terrebonne 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, 97702. Telephone (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 - April 18, 2002 and April 28, 2002
The Spokesman - April 17, 2002 and April 24, 2002
POSTED: April 18, 2002
MAILED: April 8, 2002