2002-1197-Order No. 2002-123 Recorded 9/25/2002R.EVIEWE
LEGAL COUNSEL
COUNTY OFFICIALMARYHSUE SPENHOLLOW, COUNTYRCLERKS YV 2002-1197
COMMISSIONERS' JOURNAL ,
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VNI GI AW& vq .18 , 05 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 Cook Avenue
between 8th and 9th Streets located in
Laidlaw Subdivision, Deschutes County,
Oregon, setting a date for a public
hearing, and providing for public notice
of said hearing.
ORDER NO. 2002 — 123
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2002-077 dated on September 25, 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 Cook Avenue between 8th and 9th Streets located in Laidlaw Subdivision, Exhibit "A",
attached hereto and by this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Monday, November 4, 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. 2002-123
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 DESCHUTES, COUNTY, OREGON
TOM D OLF, CHAIR
ATTEST: .0. 1 -IL
DIE NNIS R. LUK, C N
Recording Secretary a4 W4
/A .
2 - ORDER NO. 2002-123
MISSIONER
MICHAEL M. DALY, OOMMISSIONER
TES
p: "r'""F' Road Department
AA
ENGINEER'S REPORT
TO: Board of County Commissioners
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department 6#,
DATE: September 17, 2002
SUBJECT: Vacation of Cook Avenue between 8th and 9th Street
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road
right-of-way.
Background:
As a result of the realignment of Cook Avenue in Tumalo, a portion of the existing right-of-way at the
intersection of Cook Avenue and Highway 20 was not needed for roadway purposes. As part of the Cook
Avenue/OB Riley relocation project, the Road Department worked with the neighboring property owners,
Joel Gisler (161231D000301) and Lorene Collins (161231D000302) to provide access to the Collins
property which would be safer than reconnecting the Collins property access to Cook Avenue in the
vicinity of the intersection with Highway 20. The two property owners worked together to provide a 30
foot easement along the east side of the Gisler property (161231D000301) to allow the Collins property
(161231D000302) to access 8th Street versus Cook Avenue. See attached Exhibit "1" for driveway
location. The property owners requested that Deschutes County vacate the right-of-way on the west side
of their property in exchange for the easement provided. The boundaries of the proposed vacation were
set 30 feet from the west property line of the Gisler property to replace the 30 feet he provided for the
easement.
This vacation was originally sent out on July 29, 2002 with a larger parcel of property to be vacated.
ODOT had concerns on the amount of right-of-way that was being vacated. The Road Department met
several times with ODOT and came up with a configuration that was acceptable to all parties involved.
As a result of the reconfiguration, the vacation had to be sent out again for review by all affected agencies
and property owners.
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the area to
determine if there was any interest in maintaining a utility easement. The following are the utilities
notified and their response to the vacation:
Exhibit "A"
Page 1 of 5
Quality Services Performed with Pride
PacifiCorp: Response dated 8/9/2002 from Robert Coates, New Connections Manager for Central
Oregon, "Pacific Power currently has power lines in this area and has an interest in
keeping the utility easement. I have enclosed for your review a drawing that shows where
Pacific Power lines are located."
Bend Cable: No Response
Central Electric: No Response
Cascade Natural Gas: No Response
Qwest Communications: Response dated 8/9/02 from Florence Mott, Manager, ROW, "Qwest
Corporation has facilities in area to be vacated. It is imperative that our easement rights be retained."
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Tumalo Town District: No Response
Bend Fire Department: Response dated 8/30/02 from Mike Skeels, "No fire related issues regarding this
vacation"
City of Bend: No Response
Kevin Harrison, Deschutes County Community Development Department: No Response
Rick Isham: No Response
Oregon Department of Transportation: No concerns after reconfiguration of original area to be
vacated.
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road
Department makes the following findings:
1. This right-of-way is no longer needed by the public for travel and does not provide access to any
parcels of land.
2. A utility easement does have to be retained on the vacated portion of Cook Avenue.
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. The Road Department
Exhibit "A"
Page 2 of 5
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. 2002-105 subject to the
following conditions:
1. A utility easement does have to be retained on the vacated property
2. No opposition to the vacation is reported to the County prior to or during the public hearing.
3. The Road Department recommends that the parcels vest as shown on Exhibit "2"
Exhibit "A"
Page 3 of 5
*
EXHIBIT "11"
Page 1 of 1
EXHIBIT "B"
Vacation of a Portion of Cook Avenue Between 8th and 9th Streets
in the Plat of Laidlaw (Tumalo)
Two portions of Cook Avenue as platted in the 1904 plat of Laidlaw in Section 31,
Township 16 South, Range 12 East of the Willamette Meridian, Deschutes
County, Oregon, and being more particularly described as follows:
PARCEL 1
The easterly 30.00 feet of Cook Avenue lying south of the north right-of-
way line of 8th Street and north of the prolongation of the north line of Lot
4, Block 33.
PARCEL 2
Commencing at the southwest corner of Lot 5, Block 33, the Point of
Beginning; thence along the east right-of-way line of Cook Avenue
N00005'02"W 100 feet more or less to the northwest corner of Lot 4, Block
33; thence leaving said right-of-way line and along the westerly
prolongation of the north line of said Lot 4 S89058"34"W 30.00 feet; thence
leaving said north line S16°46'42"E 104.4 feet more or less to the Point of
Beginning. The basis of bearing for this description is the west right-of-
way line of Cook Avenue as shown on the Lot Line Adjustment LL -01-94
by the Deschutes County Road Department filed as CS14828 in the
Deschutes County Surveyor's Office.
SUBJECT TO the reservation of a utilities easement in and upon all of the
property; for the purposes of continuing, constructing, installing, maintaining,
repairing, reconstructing, replacing, enlarging and altering; wires, poles, pipes,
lines, structures, casings supports, equipment, facilities and appurtenances; al
the present and in the future; necessary or convenient; to Deschutes County, a
political subdivision of the State of Oregon, its agents, licensees and permittees;
forever.
J:\LDD2\Projects\w488-00\doc\FI NAL-DEEDS\Cook-Vacate-North-fi nal.doc
8/22/2002 11:37 AM mjb
Exhibit "2"
Vacation of a portion of Cook Ave Page 1of
20
This portion to vest with
Taxlot 161231 D00030
N
W E
S
This Portion to vest with
Taxlot 161231 D000302
200 0 200 Feet
NE 1/4, Sec 31,
T16S, R12E, wm.
The info... !on on this mep was derived tram di jtal databases on
Deschutes County's G.I.S. Care was taken in the creation ofthis
prep, but it is provided "as is". Deschutes Courtly cannot accept any
responsibility for errors, omissions, or posibcnal accuracy or the digital
data or the underlying records. There are no warranties, express or
implied, including thewammly of merchantability or fitness for a
particular purpose, aocomparrying this product. However, notification
of any errors will be appreciated.
161231D000301
161231 D000302
VACATION LOCATION
DESCHUPES COUNTY
ROAD DEPARTMENT z
GIS DII SIOA July 22, 2002
John Ands.on, GIS SpacieAst
Ph ... :1541i7000501..ma1 Iuhx.Rd dmt�..tg
131150 S E. 27th St- Hand, UR. 37702 - -
Exhibit "A"
Page 1 of 5
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S89'58'34"W
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9TH ST (VACATED)
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RIGHT-OF-WAY LINE PARCEL 1 = 4,500 SQ.FT. +/-
APPROX. PROPERTY LINE PARCEL 2 = 1,500 SQ.FT. +/-
- — — — — - APPROX LOT LINE
/ PORTION OF COOK AVE. TO BE VACATED
�mmmm�mmmm�mmmm�mmmm�mmmm
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0 50 100
SCALE: 1 50'
VACATION OF A PORTION OF COOK AVE. BETWEEN 8TH & 9TH
STREETS IN THE PLAT OF LAIDLAW TUMALO
DESCHUTES COUNTY ROAD DEPARTMENT ISCAi 17- 50' DRAWN BY, M.J.B. I DATE 8/22/02 SHEET
1150 S.E. 27TH STREET, BEND, OR. 97702 F 488-00\dwg\LL-ADJ\COOK-VACATE-NORTH.DWG 1 OF 1
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 NOVEMBER 4, 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.
NOTI
In response to a petition by londowr�ers, Deschutes County initiated the vacation of a
portion of Cook Avenue between 8 and 9 Streets located in Laidlaw Subdivision, 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 — October 15, 2002 and October 25, 2002
POSTED: October 15, 2002
MAILED: October 4, 2002