2002-1151-Order No. 2002-113 Recorded 8/28/2002COUNTY OFFICIAL
MARYHSUE SPENNOLLOW, COUNTYRCLERKS
COMMISSIONERS' JOURNAL 08/28/2002 Q3:19:01 PM
REVIEWED 111111111111111111111111111111111
LEG EL 20020011511
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 that
portion of Huntington Ranch Road lying within
Section 16, Township 16 South, Range 13 East,
W.M located in, Deschutes County, Oregon,
setting a date for a public hearing, and providing.
for public notice of said hearing
ORDER NO. 2002 — 113
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2002-078 dated on August 28, 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
that portion of Huntington Ranch Road lying within Section 16, Township 16 South, Range 13 East,
W.M located in, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, October 9, 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. 2002-113
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 DESCHUT-F-S, Cou. qrY, OREGON
TOM bEWOLY, CHAIR
ATTEST:
r17� 6"8' R. LUKE -,—COMMISSIONER
Recording Secretary 's
MICHAEL M. DALY, COMMISSIONER
2 - ORDER NO. 2002-113
ES c0
ILIAA
;
Engineer's Report
TO: Board of County Commissioners
Road Department
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department ,.;,.-..o'
DATE: August 20, 2002
SUBJECT: Vacation of Huntington Ranch Road lying within Sec. 16, T16S, R13E
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Tlicnnccinn
Dcschutcs County received a petition from High Desert Development Partnership, LLC
to vacate the portion of Huntington Ranch Road lying within Sec. 16, T16S, R13E.,
which is the location of The Resort at Pronjzhom. The Resort at Pronzhorn received
conceptual master plan (CMP) approval under Deschutes County File CU -00-118.
Approval Condition No. 38, in the Appeal Document dated June 13, 2001, states "the
applicant may petition for the vacation of that portion of the Huntington Wagon Road
that exists on the subject property." The vacation of this right-of-way cleans up the title
on the property and will allow the development to lay out the interior access roads.
Road research done by the Deschutes County Road Department could not find any
definitive road establishment information on the Huntington Ranch Road in this location
or any establishment of Huntington Ranch Road as a public road by the Wasco, Crook 01-
Deschutes
rDeschutes County commissioners. As a result of this research, this vacation will vacate
any and all public interest and road right-of-ways lying within the legal description for
this vacation
Deschutes County has a number of right-of-ways located within the vicinity of the
Resort, namely Morrill Road, Horner Road, McGrath Road and the Bend -Prineville
wagon road arnonv ntherc, Tb P vacation of thio cPgment of right-n_f-quay will not
adversely affect Deschutes County. See Exhibit No. 1 for the location of these right-of-
ways.
Tl�o lJ �n 1 flo�nr+mo+�t l���ilorl olio min �+�r +�ti o f tl�o .. o a +i�.�
ll +. +11 -CC-+oA
111V 1\V ULL LViJ U1 t111V11t 111tL11VLL �rV11111111U1,' 11V t1VVJ V1 tlltJ i/1Vi.JV JVLL Y�al�atl VtV tlll. Ulll'V tIJLL
utilities and agencies. Their responses are as follows:
Exhibit "A"
Page 1 of 4
?�!t!lZt?/ '3(?s•7Ji(!'c ?�yrfOYt!ZC'L VZth? ZGL'
Avion Water: No response.
Cascade Natural Gas: No response.
Central Electric Co-op: No response.
COI irrigation: No response.
Mid -State Electric: No response.
Pacific Power: No response.
PGT: No response.
Qwest: Response dated 8/9/02 from Florence Mott, Manager, ROW, "Qwest has no
facilities here."
Bend Fire Department: Response dated 8/14/2002 from Mike Skeels, "No comments.
This property is located outside the boundaries of Deschutes County Rural Fire
Protection District No. 2."
Redmond Fire Department: No response
Deschutes County Community Development Department: No response
Deschutes County Legal Department: No response
Bureau of Land Management: No response
Findings.•
Based upon preliminary responses, and the Department's research of the proposed
vacation, the Road Department makes the following findings:
1. There has been no information found indicating the right-of-way proposed for
vacation was ever established as a public right-of-way therefore this vacation will
vacate any and all public interest and road right-of-ways lying within the legal
description for this vacation
2. Based on information provided by utility companies, a utility easement will not need
to reserved.
3. This portion of Huntington Ranch Road was never constructed and open for traffic
and is not on the Counties Transportation System plan.
Exhibit "A"
Page 2 of 4
4. Recommendation;
It is the Road Department's assessment that this right-of-way is not needed for roadway
purposes and will not be needed in the future. Vacation of this right-of-way will clean up
the title on the property and will allow the development to lay out the interior access
roads.
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. 2002-113 subject to the following conditions:
1. A reservation of a utility easement is not required
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 3 of 4
Is
7, 1
w IN
<
Li
Vm--Z-Llo 3H- Q
OG
Mi
16
"IS R129 -
Is is t9
Exhibit "A"
Page 4 of 4
o
g
� {
8
o
C1
-1
Is
7, 1
w IN
<
Li
Vm--Z-Llo 3H- Q
OG
Mi
16
"IS R129 -
Is is t9
Exhibit "A"
Page 4 of 4
o
g
� {
Is
7, 1
w IN
<
Li
Vm--Z-Llo 3H- Q
OG
Mi
16
"IS R129 -
Is is t9
Exhibit "A"
Page 4 of 4
IMAMIIQ
Vacation of a Portion of the Huntington Ranch Wagon Road within
Section 16, T1 6S, R! 3E
All of that portion of the Huntington Wagon Road, as shown on the 1880 GLO
Plat, lying within Section 16 of Township 16 South, Range 13 East, W.M.,
Deschutes County, Oregon.
SUBJECT TO the reservation of utilities easements to be determined upon
receipt of comments during the vacation notification procedure.
REGISTERED
f
PROFESSIONAL 6
f LAND SURVEYOR I
JULY 26; 1989
MICHAEL J. BERRY
rsr's3s'—t; r.' t r:.•.�r�. a n�r�a t rt ;,
�6ika�esa-ti�idr9i ;e. i:.iu 3i .--
J:\DATA\WORD\Legal-Descripitions\VACATE\Huntington Ranch legal.doc
8/1/2002 12:44 PM
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 OCTOBER 9, 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.
NOTICE TO MORTGAGEE. LIENHOLDER. VENDOR O
In response to a petition by landowners, Deschutes County initiated the vacation of that
portion of Huntington Ranch Road lying within Section 16, Township 16 South, Range 13 East,
W.M. 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 — September 19 and September 29, 2002
Spokesman — September 18 and September 25, 2002
POSTED: September 19, 2002
MAILED: September 9, 2002