2002-1198-Order No. 2002-124 Recorded 9/25/2002REVIEWED
LE SEL
COUNTY OFFICIALMARYHSUE SPENHOLLOW, COUNTYRCLERKS yJ 2002.1198
COMMISSIONERS' JOURNAL
20020011982
09/Z5/0UZ UC z§:13 PM
For Recoraing 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 "C" Avenue, a portion *
of "B" Avenue and a portion of 19th Street located in the
Hillman Subdivision (Terrebonne), Deschutes County, Oregon,
setting a date for a public hearing, and providing for public
notice of said hearing.
ORDER NO. 2002 — 124
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2002-087 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 "C" Avenue, a portion of "B" Avenue and a portion of 19th Street located in the Hillman
Subdivision (Terrebonne), Exhibit "A", attached hereto and by this reference incorporated herein, is
hereby accepted and hereby approved.
Section 2. That on Wednesday, November 13, 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. 2002-124
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�ay of�1-- , 2002.
ATTEST:
Recording Secretary
2 - ORDER NO. 2002-124
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
TOM DE , CHAIR
DE NIS R.,LUKE, COMMISSIONER
MICHAEL M!DALY, CQK/IMISSIONER
ES
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 Department 6::.—
DATE: September 17, 2002
SUBJECT: Vacation of a portion of 191h Street between "C" Avenue and "B" Avenue, and
also "C" Avenue and `B" Avenue between 18th St. and 1St St. (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, Ike Abbas and Mike
Walker, Greenway Terrace, LLC. to have the portion of 19th Street between "C" Avenue and `B"
Avenue and also "C" Avenue and "B" Avenue between 18th St. and 1St St. vacated. The Abbas's
and Greenway Terrace, LLC. own all six lots that border this vacation. Greenway Terrace, LLC
is in the process of reconfiguring the existing lots to better utilize the property.
I made a field trip out to the site and found there are no roadway improvements located in these
right-of-ways and they have 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.
I explained to Mike Walker, Greenway Terrace, LLC that the vacation will physically land lock
parcel 141316DD00101 and 141316DD00101 as shown on attached Exhibit 1. On paper, both
lots have frontage on 18th Street but because of the existing rim rock, access from 181h Street is
not possible. For this vacation to proceed, the following will have to occur:
1. The owner of tax lot 141316DD00101, Greenway Terrace, LLC 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. Mike Walker, Manager for Greenway Terrace, LLC has signed the document
attached as Exhibit "2".
Exhibit "A"
Page 1 of 8
Quality Services Performed with Pride
2. The owner of tax lot 141316DD00400, Jack and Janet 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 document attached as Exhibit "3".
3. Greenway Terrace, LLC provide documentation of a recorded easement providing access
to tax lot 141316DD00101. The easement has been signed and recorded and is attached
as Exhibit "4" to this engineer report. An easement for tax lot 141316DD00400 was
recorded as part of the vacation of 19th Street to the south.
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 1st Street to the east either by direct frontage or use of the easement.
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 dated 9/12/02 from Doug McLaughlin: "The
Terrebonne Water District currently has a water pipeline in the "C" Avenue easement from 19th
Street west (see map). Due to the age of this line, there is no record of exact location of pipe in
the right-of-way on our maps — the line can be located on site. The District would like to reserve
an easement the length of "C" Ave. for a future pipeline to reach NE Is' Street. This easement
could be near the center of "C" Ave. if this is better functionally."
Pacific Power and Light: No response.
Central Electric Co-op: No response.
COI Irrigation: No response.
Qwest Communications: No response
Pacific Gas and Transmission: No response
Redmond Fire Department: No response.
Deschutes County Community Development: No response
Deschutes County Legal Counsel: No response
Exhibit "A"
Page 2 of 8
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 have to be retained on the vacated right-of-ways.
3. These streets were 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. 2002-125 subject to the following conditions:
1. A utility easement does have to be retained on the vacated right-of-ways.
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 8
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 infix on on this map was derived frau dgaal databases on
Deschutes County's G.I.S. Caro was taken in the creation ofthis
map, butt is prwided "as is'. Deschutes County canna accept any
responsibility fa errors, or issions, or positional accuracy in the digl}al
data or Ute undadying recadc. There are no warrartfes, ezprona a
cupped, including the warranty of nrrchantability or fitness for a
N
particular purpose, acconparrying this proArd. However, notification
of any arras -AD be appaciaW.
. DESCIIUTU COUNTY
ROAD DEPARTMENT
_
6IS DIVISION
John Arslsrsan, GIS 3peciafist
EXHIBIT "1„
Phox.,',";'.";S111, 1-6: tnhnaWt [hnIDs.rtd
!11 hnSL? Ins St,Brd1113 III A)2
Page 1 of 1
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Exhibit "A"
Page 4 of 8
FRX - FAX NO. : 5419233699 Jun. 27 2002 12:07PM P2
Property Owners Consent to Vacate Road Whicb will Deprive Lotus Rights of Access
Greenway Terrace LLC owns Tax Lot 141316DD00101 in Deschutes County Oregon. This tax lot
is comprised of Lots 1-16 & 17-32 Block 164 of Hillman. The proposed vacation of B Avenue and
C Avenue will deprive the following lots within the aforementioned Tax Lot 1413161)D00101
access to a public road and effectively make these lots land locked:
Lots 1-16 Block 164
Lots 17-32 Block 164
According to chapter 366.331 of the 1997 Oregon Revised Statutes:
11368.339 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.163 s.351"
I hereby give the County Commissioners consent to proceed with this road vacation
STATE OF OREGON
SS.
County of Deschutes
200Ca
The foregoing InpiNument was acknowledged before me by
this :�9
�(0 day of , 20,0.1
r
NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES;
EXHIBIT "2"
Page 1 of 1
Exhibit "A"
Page 5 of 8
CADocuments and SettinplKOMMy Docume uMORDWacationaAmike walker Ludlockcd prrcel.doe
FR4 ^M :
FAX N0. : 5419233699 Jun. 27 2002 12:07PM P3
Property Owners Consent to Vacate Road Which will Deprive Lots Rights of Access
We Jack and Janet Abbas are the owners of Tax Lot 1413160DO0400 In Deschutes County
Oregon. This tax lot is comprised of Lots 9-18 & 17-24 Block 163 of Hillman. The proposed
vacation of B Avenue will deprive the following lots within the aforementioned Tax Lot
141316DD00400 access to a public road and effectively make these lots land locked:
Lots 9-16 Block 163
Lots 17-24 Block 163
According to chapter 368.331 of the 1997 Oregon Revised Statutes:
"368.331 Limitation on use of vacation proceedings to eliminate access. A county governing
body shelf 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.163 s.35]"
I hereby give the County Commissioners consent to proceed with this road vacatlon.
DATED thiso?5"�'*day of 20 6;,
/ � awK Abbas
STATE OF OREGON
County of Deschutes
SS.
The foregoingAstrumertt was acknowledged before me by
thisy�'� day of \,)�
jovi
OFFMAL AL., NOTARY PUBLIC FOR OREGON
PAULA E WARRIi� &ON MY COMMISSION EXPIRES:
[#:IXnyNOTARY PMUC- ail 0111
COCOld3> Ns I NO. S8Zi48
Exhibit "3"
Page 1 of 1
Exhibit "A"
Page 6 of 8
(::Documents and $cttings\KolbWTy DocumcntS\W0RD\Y2wti0ns\0 AvenUC landlocked lurecl.doc
FROt^ FRX N0. : 5419233699 Rug. 15 2002 10:26RM P2
i111Z'-�! -02
13-1!9 F2, TAWLEY E CLARK ATTY ID • t -941 .648.4 PACE 2/3
�ASSMEI�iT
DATE:
GRAN CHL- GREMMAY TRACE, LLC
GRANI'ELF: (MENWAY TERRACE. LLC
REMALS
iiout;tt " by Amwf the m an A. t um8or owns the Test m perw dcaeabed a Bloob 164 ad 176 in to Tbwaaits
&=--kxkbW cdy No kbOOy of fTi bum Ad&= to Desches Cotmty, oftgaro, h==fw mb=W to U file
is accepted for the =XH110n of ' W4wd PmpcW and "Benefitted Pmp=W
title or for the validity. s eglenoy,
or 060 of IRIS domment B The Gran ft is flit iam ical paW as &C GrAMM
C Itis the mtsat ofthe PUt =to alit Ea$=mt AS+o=M to cieata and bind
tbcmaalvea, tbek heim suCCC m sad MAPS to a ptgmmat, nen. mclus ve
T�►i fOr the PMPOW OfPmamm and utiftes mw the B.IeW
1! Pzopauy to thb Bm fined Pmpaty.
1'10Wi- 7=RMRL in CoWde ad m oftbo ==A benefits ga perem will aed7a
Iiom this Easement AWM=t, the Dw Wpm a8 lb M -L
•GREEMENi'
1- �iAI `]ieseser� C>seattox hereby � � C a.P poo-
cmclwive east 30 fee in width as more particularly deoaibo&
A 30 fnot wide strip of land iocabed is s portiue ofthe Sam Onequarter of ... . .
thesmmbamom M- 114 -SE 114)ofSeetioa 16, iowm> * 14 South,,..'
I3 W �Y,', •beitigmare'; ..
Rsgga isasc, t7iaccetts Meaidisa, Deaohtuas +: :• .':.;' .
particaJarly dascn'bed as fn{bws;
Tae South I S fi�.x of Lam 9 sad 24 and tbel�ioeth l5 filet ofT.ots 8 sad 25 ia' .:. • '. �: ' • , ti . '; ' '
.. B1ock I?bot tiillatan Adriitiaa to Dm�lses Cowaty, Zheg�tt . _, . � .. ... .. _ ..
Tortber wide a S* of l=d 30 feet in wilt and apprU&m6ely 60 fad m lrngth,
located withal 9tt; }tdtioa of l9m Sheet vacated pet' Order Iia 2002-043 as
reowded at M>•,i` 09, 2002 in voimne 2002, pegs 25665 of Des h= Coaw
OMCW =D da, Lying 15 SW on CB& Ade offt fa mbg drfttribo ceutedira.,
Big at the southwest Of ,W4 lot .9, thence ]!Forth $9'53MW West a
distance of X0 fm to a poem on the censRjh�s of said vamted portion of I96
8erx:~ tbeatx said oalterlitta South 29°53'57" We0 a dismtce of 30.00
fee: To the $0*thM comer OfE474 of Block 164 of amd pint of Hs73 n= tax
iermitstis of this � d
an. ares. a=m ttadw old akmg the Bmdaaed pmpesty_ 3'be ememene shah be 11to
the Benefitted Pmpcny.
Z � Use ot't9tr; aes�lcffi shall he farvaad Qcdessisn
ia®oess earl � ir;einti�g the cansQuetiac of s taa3way, sad for Thte iocotoit of above of
babw wound uttliry rs, Wit; but w liaaited to water, sewer. Bas. WgAwoc, docuicdy
cad cable.
perlat$i and 311MH iva W, h thriaad..:. _DESCNUTES;: 000NTY QFFiCIiie. RECORDS — — —
MARY SUk PENHOLLOW, COUNTY CLERK 1002.433
Exhibit "4" ff
Page 1 of 2
L111L"MIlllillllifill
Exhibit «A„ Q-�s Cht=s . Strimll
imp
510.00 $1i.00 310.00 $s,pO
Page 7 of 8 '��rd g,mtmnto
t$ C1RL�RON A+�tr� exec+
FROM FRX NO. : 5419233699 'Rug. 15 2002 10:27RN P3
AUS -01-02 13.30 FR. oTAHLEV E CLARK ATYY IG.1,641440a4 PAGE 3/3
a. BUIMffiort ON SnMEW 7b4Mds: 'IU tetms, conditions and provisions of
Us Fasemcm Age=cm abaft ram with the Bwd=d Avpaty and the BeadWtd Prapetty and
shalt e23eai. to, be balding upon and !num to tho bent& of tha bear. smosoM pardael
txem— and aasigms of the petits.
I Aa amim EtM If suit oz action is ioslituted to detd:ire or ett£oaoe xoy proviaiott
of Chia F,asa:neut Agfa memt, the peaveyling pady sbtlll be ea*led tort am rmomble womey
foes from the Ios�=& petty at alt wmdan, as w*U as in ft teal and aII gVUM Dorms, in addition
to aw oiha tocomy and coats. The attoxr ey fee a ud shall kcIU& a unroll me amom in
eotoncetion with cnfoet emmt of the jm*==
6- WVIVW, 'li o Eugm by eftw pW at any time to xtquict: sNct pufotmaaoc of
eery p<tn'itiCa of this Eaaememt Agtae�t snail not be a giver afor pmju� the � m
eubse�oeady atfiateo that provisiotz or any o9rcr ptvvssiva of this Faneineat Agremnea.
7. Lite F�aement AqmMW is the &d amd coz*ft
samm3 at of to Deltic& "We sm W W=sea, terms, canditxeps or oftanoa3 other thea
those aaetaimd is this Fsmmun! AZ=19Z AU pdw aW c=amp0rm=6w m9odsbm md
apaazteats betwcm the parsec; vribtd and Rzit�y are zep�a by this Bamemenr Ageeeaieat sad
tttete ace no Racal *RW or eifm t
AATM AND SIGi� tion day of ,� ,
GRANTOR:
c—=WT
Ar - bar
STATE OF ORZCON
Co my of Dasej,u
On 64 day ofLlra 4I+dama J wamet, appealed be= tae ink
wed fma be is the msax&�ng noember o£Cane MW T . LLC, and the==dsd the
a: the volnntar+ act of said T. Z to be his voizatry =and deed.
Notary c for �
11. PERsusoN
11p:0 0 e m KIM PUBLIC- OREMN
ctumisslommmcvvg P 4
Exhibit "4"
Page 2 of 2
Exhibit "A"
Page 8 of 8
EXHIBIT "B"
Vacation of Portions of 19th Street, "B" Avenue and "C" Avenue in the Plat of
Hillman (Terrebonne)
Portions of 19th Street, "B" Avenue and "C" 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:
19th Street
That portion of 19th Street lying north of the north right of way line of "B"
Avenue and south of the south right of way line of "C" Avenue.
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; at 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.
"B" Avenue
That portion of "B" Avenue lying east of the east right of way line of 18th
Street and west of the west right-of-way line of East Street (now known
as "NE 1St Street").
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; at 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.
"C" Avenue
That portion of "C" Avenue lying east of the east right of way line of 18th
Street and west of the west right-of-way line of East Street (now know as
"NE 1St Street").
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; at 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.
PROFESSIONAL
.AND SURVEYnF
JULY 26, 1989
MICHAEL J. BERRY
RENE �; ®rtT
L:}A i;l`a 't.?KI)',L:e tai-L:}c i ri�7iti«ns.4',1C::1"1 Ls14t -B- Tl -13- , . L hi11man-BL.K165-166-171)-Ig( dnc
91,
mjb
Terrebonne
Location of Vacation
200 0 200 400 Feet
Section 14, Township 13 South, Range 16 East, won
Portions to be Vacated
Other Roads
county Roads
Railroad Printed: June 25, 2002
Taxlots
The information on this map was derived from digital databases an
Deschutes Cowdys O.I.S. Care was taken in the creation ofthis
map, but it is provided "as is'. Deschutes County cannot accept any
responsibility fa MOR, ornlssiom, or positional aearacy in the digital
data or the underlying retards. There are no warranties, express or
knelled Inducing thewerrerdy of merchantability or (cines for a
N particular purpose, a=ompanying this prorl ct. However, notification
of any errors will be appreciated.
ul
DESCHUTES COUNTY
x ROAD DEPARTMENT
WS DIVISION
John AWorsan, MS epecklist
PAcae: I5.11110013!i01. email: iahna�tkse4mras.or0
01190 tit. 2711, St., Bard. Aft, 61102
c:Wata\arcviewVoaddept\georgelsmithrocklarea 1.apr
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 13, 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 OR SELLER: ORS C
IRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FOI
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of "C" Avenue, a portion of "B" Avenue and a portion of 19th Street located in the Hillman
Subdivision (Terrebonne) in Deschutes County be vacated.
►[91
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 17 and 27, 2002
Spokesman — October 16 and 23, 2002
POSTED: October 17, 2002
MAILED: October 7, 2002