2002-1032-Order No. 2002-090 Recorded 7/10/2002REVIEWED
L UNSEL
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2002•!032
MARY SUE PENHOLLOW, COUNTY CLERK
COMMISSIONERS' JOURNAL 07/10/2002 03:27:19 PM
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 "A" Avenue, between
NE 1St Street and 18th Street, located in the Hillman Subdivision, *
Deschutes County, Oregon, setting a date for a public hearing, *
and providing for public notice of said hearing.
ORDER NO. 2002 — 090
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2002-066 dated on July 10, 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 "A" Avenue, between NE 1St Street and 18th Street, located in the Hillman Subdivision,
Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted and
hereby approved.
Section 2. That on Wednesday, August 21, 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. 2002-090
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.
r
61
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY./OREGON
ATTEST:
Recording Secretary
MISSIONER
2 - ORDER NO. 2002-090
HJT E s c0
EXHIBIT "A"
Road Department
61 150 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: July 3, 2002
SUBJECT: Vacation of a portion of A Avenue between 18th Street and 1St Street
(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 and Shon Day to have the
portion of A Avenue between 181h Street and 1" Street vacated. The Abbas' own the two lots on
the north side of A Avenue and Shon Day owns the lot on the south side of A Avenue. .
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 and 19th Street to the north was just vacated by the Board in Order 2002-043.
This vacation came about as a result of testimony by Janice Day at the public hearing for the
vacation of 19th Street held on May 8, 2002. I had originally been contacted by Mrs. Day
concerning the vacation of A Avenue. She had stated that when she bought the property, she
was informed by the realtor that the County would be willing to vacate A Avenue. Mrs. Day
needed the extra 30 feet of right-of-way from the vacation to allow her to access the back of her
property to build and access a barn. A field visit to the Days' property did show that access to
the back of their property would be very difficult without the vacation as a result of the lot
having only 100 feet of frontage on 1St Street. Jack Abbas had also wanted to include the
vacation of A Avenue along with 19th Street. I had explained to both parties that I did not want
to vacate A Avenue because it technically land locks a parcel of property created by Jack Abbas.
The parcel that is land locked is 141316DD00417 as shown on attached Exhibit 1. On paper it
has frontage on 18th Street but because of the existing rim rock, access from 18th Street is not
possible. At this public hearing I was directed to find a solution and I informed the Board of
Commissioners that I felt A Avenue could be vacated if the following occurred:
Quality Services Performed with Pride
1. The Abbas' sign a "Property Owners Consent to Vacate Road which will Deprive Lots
Rights of Access". According to ORS 368.331, "Limitation on use of vacation
proceedings to eliminate access", a County governing body shall not vacate public lands
under ORS 368.326 to 368.366 if the vacation would deprive an owner of a recorded
property right of access necessary for the exercise of that property right unless the county
governing body has the consent of the owner. Jack and Janet Abbas have signed the
consent form which is attached as Exhibit 2 to this engineers report.
2. The Abba's provide documentation of a recorded easement providing access to the land
locked parcel. The easement has been signed and recorded and is attached as Exhibit 3 to
this engineer report.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Terrebonne Water Company: On 6/10/02 I spoke with Terrebonne Water Company
concerning the vacations that are occurring between the rim rock and 1" Street. They did not
have a concern with the vacations occurring in this area because they were not sure how they
would be able to serve the lots. They felt the lots would eventually be served by private wells.
Pacific Power and Light: No response.
Central Electric Co-op: No response.
COI Irrigation: No response.
Qwest Communications: Response dated 6/21/02, "Wanda: Qwest Corporation does not have
facilities within the proposed vacation area, per our engineer for that area, Craig Redelings."
Florence M. Mott, Manager, right-of-way, Oregon.
Pacific Gas and Transmission: No response
Redmond Fire Department: No response.
Deschutes County Community Development: Response dated 6/21/2002, "Planning is aware
of this proposed vacation. It will not affect any transportation facility in Terrebonne." Paul
Blikstad, Associate Planner.
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 A Avenue.
3. This portion of A Avenue was never open for traffic and vacation of this right-of-way will
reduce the number of accesses on 1St Street which is classified as a County Collector.
4. The petitioners wish to consolidate their property.
5. The Abba's have signed the "Property Owners Consent to Vacate Road which will Deprive
Lots Rights of Access".
6. An easement has been created and recorded providing access to the lot that is land locked by
this vacation.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it
returns the right-of-ways to the tax roles and allows the property owners to better utilize their
properties. This property is not needed for roadway purposes and will not be needed in the
future. Vacation of this right-of-way will reduce the number of accesses on 1St Street which is
classified as a County Collector.
The Road Department recommends that the Board review the attached material and make their
decision on whether to 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 A Avenue.
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).
200 0 �Iuu 4w reet
Section 14, Township Q South. Range i6 tam . WI
,I
Portion to be Vacated
Other Roads
N.v,'Count• Roads
, Railroad
Taxlots
Printed: June 24, 2002
The information on this map was derived from dgital databases on
Deschutes County's G.I.S. Care was taken in the tread on ofthis
map, but it is provided xcv
'as is'. �ehutes Crrty cannot accept any
responsibility for enors, omissions, or positional accuracy in the digital
data or the underlying retards. There are nowarranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose. accompanying this product. However, notification
of arty errors will be appreciated.
DESCHit ifs Co4Ja'\ 1 I
ROAD M PART? UNT
fiIS DIVISION
'`5 •rr,' moi. - dc:uf71
{
EXHIBIT "'I" c^data \arcviewV caddapt \geergelsmithrock\a ave. apr
Page 1 of 1
Property Owners Consent to Vacate Road Which Nvill Deprive Lots Rights of Access
We Jack and Janet Abbas are the owners of Tax Lot 141316DD00417 in Deschutes County
Oregon. This tax lot is comprised of Lots 1-8 & 25-32 Block 163 of Hillman. The proposed
vacation of A Avenue will deprive the following lots within the aforementioned Tax Lot
141316DD00417 access to a public road and effectively make these lots land locked:
Lots 1-8 Block 163
Lots 25-32 Block 163
According to chapter 368.331 of the 1997 Oregon Revised Statutes.-
"368.331
tatutes:
"368.331 Limitation on use of vacation proceedings to eliminate access. A county governing
body shall not vacate public lands under ORS 368.326 to 368.366 if the vacation would deprive
an owner of a recorded property right of access necessary for the exercise of that property right
unless the county governing body has the consent of the owner. [1981 c.153 s.35]"
I hereby give the County Commissioners consent to proceed with this road vacation.
DATED this, � day of
a
STATE OF OREGON
County of Deschutes
20 C:
SS.
The foregoing instrument was acknowledged before me by � _-P V �.�,; � �• _
this / '�2_�—day of �.r,_ 20�
NOTARY PUBLIC FOR OREGON
urP:L�4L7CN4L4 Y� MY COMMISSION EXPIRES:
1l3Pv��G�tdf01S5 e
NOTAR`r PUBLEG.- Q EG�e N
Ctiti?�TS�i�J �a(1 352143
`= F?l`C0;k11X c:nV rVirl tis :ynu 25 =1 ern
Exhibit "2"
Page 1 of 1
C:`Do(:Urnents and Scuings\KC)IMMy [Doc umcnts\\VORD`,Vacatiuns`:\venLIC A hindluclad p;uCCIAOC
MARY SUE COUNTY OFFICIAL CYRCLERRKs kVAZ•30914
ill.Ili i l l IL11
a oil 111111111 ill ill ill $61,00
RECO ZD AND RETURN TO: 070075 06,06/2002 03.40:23 PM
D-5AS Cmtxl St,mw3 TRACY
S35.00 $13.00 $10.00 $5.00
- EASEMENT
SATE: Q):I€ r) , 2002.
l_)
GRANTORS: Jack ".J1i. Abbas and Janet E. Abbas, husbamdl and wife
Jack W. Abbas and Janet E. Abbas, husband and wife
GRANTEES:
A.
RECITALS
vrai dors own the r Eu! pr ope.iy described on the, attached Exhibit and
hereinafter referred to as the "Burdened Property."
G'antees own the adjoining real property described on the attached
Exhibit "B" and hereinafter referred to as the "Benefited Property."
G. It is the intent of the parties to this Easement Agreement to create and
bind themselves, their heirs. successors and assigns to a perpetual, non-
exclusive Easement Agreement for the purpose of providing access and
utiiities to the Benefited Property.
NOW, THEREFORE, in consideration of the mutual benefits all parties will derive
from this Easenent Agreement, the parties agree as follows:
AGREEMENT
1. Giant of Easement Grantors hereby grant to Grantees a permanent,
non-2xciusit..e easement 20 feet in width as more particularly described in E :hibit C and
L- ,, �� 4,.,.. nh Gvhibit n :nr a--r--ss, under and along the
sal4.i -n on ti e iiia -P att2Cheu bas ,_n,,,v,t ..,n, 0�..,, a...,r..�.., C: r
Burdened Property d=cCrihnari in Exhibit A. The easement Shull he apptirterlerlt to and
benefit the Benefited Property described in Exhibit B, including any subdivision,
partitiioning Cr relocating of let lines- within thra Benefited Pronetty.
2. Use of Easement: ! ise cf the easement shall be for vehicular and
pedestrian ingress and egress, including the construction of a roadway, and for the
location of above or belcvv ground utility lines, including but not limited to water, sewer,
g25y telephone, electricity and Labi�.
.
3. Duration. of Easement- This non-e:ciusive Easement Agreement shall
be perpetuai and shall run with the land.
EAS ErnEN'T
Page 1
Exhibit "3"
Page 1 of 7
'7-4Pk--
I �\ �"d�D OCs`,.1111LL4or,as\Easemer,c.�oc
4. Bindiino Effect. on Successor Interests: The terms, conditions ana
- previsions of this Easement Agreement shall run with the Burdened Property and the
Benefited Property anal shall exterld to, be binding upon and inure to the been it of the
heirs, successor, personal representa=L ves and assigns of the parties,
5. Attorney Fees: If suit or action is instituted to declare yr enforce any
p..,
;+vision of this Easement Agreernent, tl�e prevailing party shall be entitled to recover
reasonable attorney fees from the losing party at arbitration, as well as In the trial and
all aocellate courts, in addition to any other recovery and costs. The attorney fee award
shall include a reasonable amount in connection with enforcement of the judgMent.
&. Waiver: The failure by either party at any time to require strict
performance of any provision of this Easement Agreement shall not be a waiver of or
prejudice the right to subsequently enforce that provision or any other provision of this
Easement Agreement,
7. Entire Agreement: This Easement Agreement is the final and complete
agreement of the parties. There are no promises, terms, conditions or obligations other
than those contained in this Easement Agreement. All prior and contemporaneous
negotiations and agreements between the parties, verbal and written, are repiaced by
this Easement Agreement and are of no further force or effect.
DATED AND SIGNED this .5_ day of _. ,Ice r 2002
GRANTORS
_�kk�V,bbas jiff et E. Abbas
STATE_ OF OREGON )
Ss.
County of Deschutes )
P ;"SOnai"d aaceared the above-named L.. Janet E. Abbas,
,.,t__..t __.l .:t,_ �. .•7 I I .-Innd +.•„� �r1re1. CITY /'I ir,c+rt invent tl.: 'nG 1" � olt lrlfa iy 8C4
ai C a0K IV'vVleii l�.'GU U+u Ivi g�:u +�
before me this ;5' _ day of =— '2002.
A
jOFFICIAL. SEAL
�• JANEL M GILLiHAPi t , Public for Oregon
NOTARY RUHLiC-OREGON � V"
j COIvi�ViiS^ivN NO. 348996
J_ MY COMMISSION EXPIRES AUG. i5, =cs 1
Fersor:aVy appeared the above-narn>rd Jack W. Abbas and acknowledged the
foregoing instrument to be his voiuntary act before me this 5" day of June, 2002.
` OFFICIAL SEAL r
JEANINE M SORIANC
NOTARY PU„ LIC-OREGCN (!
GOMhFiSSION NO. 34;;??7 !�
EASE�c��n�Issl°�r-�n;ss;. MAS. e. res �
Page
i�dtary Pub.iic for io/egon
Exhibit "Y
Page 2 of 7
I:':4�1PDOCSiTiv!,_`✓=.boas\Easemznt.doc
GRAN?EES
WW.bbasEt E. Abbas
STATE E OF OREGON
i SS.
County of Deschutes )
Perscnally appeared the above-named Ja ' +--zanet E. Abbas.
hu4kmi fe-i . nd acknowledged the foregoing instrument to be44 volUntary act
before me this day of `ice —, 2Gi72.
OFFICIAL SEAL �� U!?� Public fcr Oregon
JANEL M GI REG
NOTARY PUBO . O rtc
COtiMISSION NO. 348995
MY CCMMISSICN EXPIRES AUG. 18, 2005 Y
Persora!ly appeared the above-named Jack W. Abbas and acknowledged the
foregoing instrument to be his vcluntarY act before me this li day of June, 2002.
OFFICIAL SEAL
JEANINE M SORIANO ✓., Notary Public for,Oregon
NOTARY r'U�LIC OREGON
COMMISSION NO. 343707
M COMP✓tISSION EXPIRES ,MAR. B 2005
EASEAAFNT:\IAIPDG,S';ThALlAbbas'Easement.00c
Page 3
Exhibit "3"
Page 3 of 7
EXHIBIT A
(the Burdened Property'
The south 10 feet of Lots 9 and 24 of Block 177 of the plat of Hillman as recorded
on August 8, 1918 in the office of the DeschutesCounty Clerk in plat cabinet A,
page 83, and the north 10 feet of Lots 8 and 25 of Block 177 of said plat of
Hillman.
Together with a 20 foot wide strip of land located within the portion of 19`" Street
vacated per Order No. 2002-043 as recorded on May 9, 2002 in Volume 2002,
Paae 25668 of Deschutes County Official Records, lying 10 feet on each side o;
the followina described centerline:
Bec7inning at the southwest corner of said Lot 9 thence North
39°4.9'04" ✓i%est a distance of 30.00 feet; thence South 89°5357"
West a distance of 30.00 feet to the southeast corner of Lot 24 of
Block 163 of said plat of Hillman, the terminus of this centerline
description.
Exhibit "3"
Page 4 of 7
EXHIBIT B
(the Benefited Property)
Lots 1-32 of Block 163 of the plat of Hill pan as recorded on August 8, 1918 in
the office of the Des&utes County C?erk in Mat cabinet A, page 83.
Exhibit "Y
Page 5 of 7
Exhibit C
Access and Utility Easement
A 20 foot wide strip of land 'located in a portion of the Southeast One-quarter of
the Scuthea.,st One-quarter (SE'+14 SEI of Section V. Township 14 South,
Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more
particularly des cribed as follows:
The south 10 feet of Lots 9 and 24 of Bloch 177 of the plat of Hillman as recorded
on :august 08, 1913 it the office of the Deschutes County Clerk in plat cabinet A,
page 83, and the north 10 feet of Lots 3 and 25 of Block 177 of said plat of
Hillman.
Together with: A 20 foot wide strip of land located within the portion of 19th
Street vacated per Order No. 2062-043 as recorded on May 09, 2002 in volume
2002, page 25666 of Deschutes County Official Records, lying 10 feet on each
side of the following described centerline:
Beginning at the southwest corner of said Lot 9 thence North 89°49'04" West a
distance of 30.00 feet to a point on the centerline of said vacated portion of 19th
Street; thence leaving said centerline South 89'53"57" West a distance of 30.00
feet to the southeast corner of Lot 24 of Bloch: 163 of said plat of Hillman, the
ter r"int;s of this centerline description.
Subiect to: All easements. restrictons and rights-of-way of record and those
common and apparent on the land.
See attached map entitled "EXHIBIT D", hereby incorporated by reverence
PEiEr�YA. LEY "
j4 _-
0
1C{�L�KLIDA E:
May 29, 2002
S:1L.and P�ojecislTarrebonr,e-Ab�as� �wg,020: ;3\docslPnva;e Access and Utility Easement.doc
Pace h of h
Exhibit "3"
Page 6 of 7
18th STREET
Dj
........ ..... ..... . .....
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now_ Exhibit "3"
Page 7 of 7
EXHIBIT "B"
Vacation of a Portion of A Avenue Between 18th Street
and NE 1st Street in the Plat of Hillman (Terrebonne)
That portion of A Avenue in Terrebonne 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, lying east of the east right-of-way line
of 18th Street and west of the west right-of-way line of NE 1st Street as shown on
said plat of Hillman.
SUBJECT TO the reservation of utilities easements to be determined upon
receipt of comments during the vacation notification procedure.
REGISTERED
PROFESSIONAL
.AND SURVEYOR
JULY 2-6,19-19
MICHAEL J. BERRY
RENEWAL DATE: 121311
J:\DATA\WORD\Legal-Descripitions\VACATE\A-Ave-between-18th&1 st(Hillman).doc
6/14/2002 9:26 AM
mjb
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 AUGUST 21, 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, Descoutes County initiated the vacation of a
portion of "A" Avenue, between NE 1St Street and 18t Street, located in the Hillman Subdivision 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 —August 1, 2002 and August 11, 2002
Spokesman — July 31, 2002 and August 7, 2002
POSTED: August 1, 2002
MAILED: July 22, 2002