2002-1067-Order No. 2002-099 Recorded 7/30/2002REVIEWED
L OUNSEL
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS IBJ 2002-1VAR
COMMISSIONERS' JOURNAL
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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 portions of 19th Street,
Central Avenue and 18th Street located in the Hillman
Subdivision in Terrebonne in Deschutes County, Oregon,
setting a date for a public hearing, and providing for public
notice of said hearing.
ORDER NO. 2002 — 099
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2002-072 dated on July 31, 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 certain dedicated public roads known as
portions of 19 Street, Central Avenue and 18th Street located in the Hillman Subdivision in
Terrebonne in Deschutes County, Oregon, described in Exhibit "A", attached hereto and by this
reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, September 11, 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. 2002-099
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.
BOARD OF COUNTY COMMISSIONERS
OF DESCHQTES, COUNTY, Qf2EGON
• EM"dowe
ATTEST:
NIS R. LUKE,
Recording Secretary
MICHAEL'M:
2 - ORDER NO. 2002-099
MISSIONER
MMISSIONER
TO:
FROM:
DATE:
SUBJECT
ES
Exhibit "A"
Page 1 of 3
JA
UY
Board of County Commissioners
Road Department
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
George Kolb, County Engineer, Deschutes County Road Department
July 19, 2002
Vacation of portions of 191h Street, Central Avenue and 181h Street in 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 Ike Abbas and the Terrebonne Assembly of God Church to have
portions of 191h Street, Central Avenue and 18th Street in Terrebonne vacated. Ike Abbas owns four lots that abut the
portions to be vacated. There are also two other properties that abut the vacation. The first is owned by the
Terrebonne Assembly of God Church. The church is located on the top of the rim rock and would not be able to use
18th Street for access to their property. There is a parcel to the west that abuts the right-of-way to be vacated,
141316DA00099, that indicates ownership by the Crook County Investment Co. Assessors' records indicate "No
address on record" for the Crook County Investment Co. Notification of Crook County Investment Co. was discussed
with Rick Isham, County Legal Counsel on September 12, 2001. It was decided that we need to mail notification to
the address shown on the Assessors' information thereby satisfying ORS 368.406 (5) requirement for notification.
The applicant has requested the vacation of this right-of-way to allow him to reconfigure the lots as shown on Exhibit
No. 1 through the partition process and a lot line adjustment.
The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies.
Their responses are as follows:
Terrebonne Water Company: Response from Doug McLaughlin dated 7/23/02: "The Terrebonne Water District has
a water line in the 19th Street easement from "C" Ave. to "E" Ave., and we would like to preserve an easement for this
line."
Pacific Power and Light: Response received 7/17/02: "No conflicts." Robert G. Coates, new Connects Manager, 328
NE Webster, Bend, Oregon 97701
Central Electric Co-op: No response.
COI Irrigation: Response from John Herlocker, Assistant Manager, dated July 12, 2002, "The Central Oregon
Irrigation District has no objection to the above street vacation."
Qwest Communications: Response received 7/24/02 from Florence Mott, Manager ROW, "Qwest has facilities in
area requested to be vacated. These rights need to be preserved in order to serve customers in that area."
Redmond Fire Department: No response.
Quality Services Performed with Pride
Exhibit "A"
Page 2 of 3
Deschutes County Community Development: No Response
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. The portions of 191h Street, Central Avenue and 18th Street have never been open for traffic and vacation of these
rights-of-way will reduce the number of accesses on 1 St Street which is classified as a County Collector.
3. The petitioners wish to consolidate their property.
4. All abutting property owners have signed the vacation petition
5. 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.
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. 2002-099 subject to the
following conditions:
1. No opposition to the vacation is reported to the County prior to or during the public hearing.
2. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS 368.366
(1)(c).
3. A reservation of a utility easement shall be retained on the vacated portion.
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Exhibit "A"
Page 3 of 3
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EXHIBIT "1"
EXHIBIT "B"
PAGE 1 OF 3
A tract of land containing 0.17 acres, more or less, located in a portion of the
Southeast One-quarter of the (SE1/4) of Section 16, Township 14 South, Range
13 East, Willamette Meridian, Deschutes County, Oregon, being more
particularly described as follows:
Beginning at the southwest corner of Block 175 of the plat of Hillman as recorded
on August 08, 1918 in the office of the Deschutes County Clerk in plat cabinet A,
page 83; thence North 00°13'22" West a distance of 200.12 feet along the east
right-of-way line of 19th Street (60.00 foot wide right-of-way lying 30.00 feet on
each side of centerline) to the northwest corner of Lot 8 of Block 175; thence
leaving said east right-of-way line North 89°55'16" West a distance of 10.00 feet;
thence South 00°13'22" East a distance of 49.44 feet; thence 84.20 feet along
the arc of a 60.00 foot radius curve to the right, the chord of which bears South
39058'49" West a distance of 77.46 feet to a point on the west right-of-way line of
19th Street; thence along said west right-of-way line South 00°13'22" East a
distance of 91.22 feet to the southeast corner of Block 165; thence leaving said
west right-of-way line South 89053'35" East a distance of 60.00 feet to the
point of beginning, the terminus of this description.
Subject to: All easements, restrictions and rights-of-way of record and those
common and apparent on the land,
See attached map entitled "EXHIBIT B", hereby incorporated by reference.
14SNfEWAL. ,,DATfE: I 311 o �_
June 21, 2002
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EXHIBIT "B
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EXHIBIT "B"
PAGE 3 OF 3
Vacation of Portions of 18th Street, 19th Street and Central Avenue in the
Plat of Hillman (Terrebonne)
Portions of 18th Street, 19th Street and Central Avenue as shown on the official
plat of "Hillman" in Deschutes County, Oregon, recorded and filed in Cabinet A,
Page 77 of the plat records of the Deschutes County Clerk, and being more
particularly described as follows:
18th Street
That portion of 18th Street lying north of the north right of way line
of "C" Avenue and south of the prolongation of the north right-of-
way line of Central Avenue.
SUBJECT TO the reservation of utilities easements to be determined upon
receipt of comments during the vacation notification procedure.
19th Street
That portion of 19th Street lying north of the north right of way line
of Central Avenue and south of the south right-of-way line of "E"
Avenue.
SUBJECT TO the reservation of utilities easements to be determined upon
receipt of comments during the vacation notification procedure.
Central Avenue
That portion of Central Avenue lying east of the prolongation of the
west right-of-way line of 18th Street and west of the west right-of-
way line of 19th Street.
SUBJECT TO the reservation of utilities easements to be determined upon
receipt of comments during the vacation notification procedure.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 29, 1989
(MICHAEL J. BERRY
;ith
Terrebonne
Location of Vacation
200 0 200 400 Feet
Section 14, Township 13 South, Range 16 East, wm
Portions to be Vacated
Other Roads
County Roads
Railroad Printed: June 25, 2002
Taxlots
The information on this map was derived from digital deffibases on
Deschutes Countys G.I.S. Care was taken in the creation ofthis
map, butt is provided"as is'. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the cigbl
data or the underlying records. Thera are no warrarrties, express or
implied. inducing the warranty of Momhetaabildy or fitness for a
N particular purpose, accompanying this prod ct. However, notification
of arty senors will be appreciated.
DIEsOii>i s OOuIny
ROAD DEPARTMENT
` QIS DIVISION
' Jahn Anderson, GIS Speclamst
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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 SEPTEMBER 11, 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.
101191111
THE PURCHASER.
ER, VENDOR OR SELLER: ORS CHAPTER 215
TICE. IT MUST PROMPTLY BE FORWARDED T1
In respo hse to a petition by landowners, Deschutes County initiated the vacation of
portions of 19 Street, Central Avenue and 18th Street located in the Hillman Subdivision in
Terrebonne in Deschutes County, Oregon, 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 22 and September, 2002
Spokesman — August, 21 and August 28, 2002
POSTED: August 22, 2002
MAILED: August 12, 2002