2003-88-Order No. 2003-012 Recorded 2/13/2003REVIEWED
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DESCHUTES COUNTY OFFICIAL RECORDS CJ Z003'~~
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NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL ' 6'07 PM
2003-000068
02/1312003 02 , 3 ,
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 a
portion of the Frank Ogles Road, Deschutes
County, Oregon, setting a date for a public
hearing, and providing for public notice of
said hearing.
* ORDER NO. 2003-012
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2003-2003 dated on February 12, 2003; 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, HEREBY
ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road known as a
portion of the Frank Ogles Road located in the West One-Half (W '/z) of Section 27, Township 17
South, Range 14 East, Willamette Meridian in Deschutes County, Oregon, Exhibit "A", attached
hereto and by this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, March 26, 2003, 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.
PAGE 1 OF 2- ORDER No. 2003-012
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 l eday of 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
U~V4l~(k-
Recording Secretary
DENNIS R. LUKE, Chair
TOM DEWOLF, Commissioner
MI L DALY, C issioner
PAGE 2 OF 2- ORDER No. 2003-012
ES
Exhibit "A"
LurIl
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 e~;~
DATE: February 4, 2003
SUBJECT: Vacation of a portion of Frank Ogles Road
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 Peter Goodmonson and Central Oregon
Irrigation District (COID) to vacate approximately 1,315 feet of Frank Ogles Road abutting tax
lot 1714270001000, tax lot 1714270001500 and tax lot 1714270001501.
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. There are no above ground utilities evident on
the right-of-way. The portion of Frank Ogles Road from Dodds Road east to the west boundary
of this proposed vacation was vacated on January 6, 1999 through Order 99-001.
One of the applicants, Peter Goodmonson, partitioned the property south of Frank Ogles Road
into two lots with MP-02-7. Access permits were applied for showing access to tax lot 1500
coming off of Frank Ogles Road and access to tax lot 1501 coming off of Walker Road on the
south boundary of the property. Access to tax lot 1501 from Frank Ogles Road would
necessitate the construction of a canal crossing over the COID canal which would be cost
prohibitive. Mr. Goodmonson then approached the County with the possibility of dedicating the
necessary right-of-way for a cul-de-sac bulb in the northeast corner of tax lot 1500 and vacating
the rest of Frank Ogles Road since it is not needed for access and will not be needed for use by
the public. Mr. Goodmonson was informed that if COID signed the petition, we would run it
through the process.
The applicant's have requested the vacation of this right-of-way to allow them to better utilize
their property since it will never connect over to Dodds Road as a result of the 1999 vacation and
is not needed for access to any other parcels.
EXHIBIT "A"
PAGE 1 OF 3
Quality Services Performed with Pride
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Avion Water Company: No response.
Bend Cable: No response.
Cascade Natural Gas: No response.
Central Electric Co-op: No response.
COI Irrigation: Response dated 1/16/03 from John Herlocker, Secretary/Interim Manager, "The
Central Oregon Irrigation District has no objection to this vacation."
Qwest: Response dated 1/28/03 from Florence Mott, right-of-way manager, Qwest, "We have no
facilities in this area."
Deschutes County Community Development: Response dated 1/30/2003 from Cathy Tilton,
CDD, "The Planning Division has the following comments:
• Upon review of the several partitions surrounding that portion of Ogles Road to be vacated,
MP-96-5, MP-98-29, MP-00-21, MP-02-7 (see attachment), only Parcel 1 of MP-02-7, has
access from Ogles Road. As shown on Exhibit A of the attachments to the vacation notice as
well as the recorded plat for MP-02-7 (PP 220-74), and as confirmed with George Kolb of the
Road Department, an existing cul-de-sac terminates and provides access to Parcel 1. Further, the
portion to be vacated as shown on Exhibit A does not affect the cul-de-sac. Based on this
information, we have no objections to the vacation of a portion of Ogles Road, as public access
on Ogles Road will continue to be afforded to Parcel 1.
• Ogles Road also appears to provide public access to tax lot 17-14-27-1000, a nearly 40-acre
parcel owned by the Central Oregon Irrigation District. Staff understands from Mr. Kolb, that
the Road Department has solicited comments from COID regarding the vacation of the proposed
section of Ogles Road.
If you have any questions, please contact Cathy Tilton, 383-6719."
Deschutes County Legal Counsel: No response
Deschutes County Property 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. The right-of-way proposed for vacation was dedicated for road purposes on May 6, 1916 in
Crook County Commissioners Journal Book 5, Page 455.
2. A utility easement does not have to be retained on the vacated portion of Frank Ogles Road.
EXHIBIT "A"
PAGE 2OF3
3. This portion of Frank Ogles Road was never constructed and open for traffic.
4. The petitioners wish to incorporate this right-of-way into their property since it is not needed
for public travel.
5. Property accessed by the Frank Ogles Road right-of-way will still have access from the cul-
de-sac bulb that was dedicated in MP-02-7. The other property that has frontage on the
portion of Frank Ogles Road to be vacated also has frontage on Walker Road along the south
property line and will use this right-of-way for access. COID has access to the property west
of the canal through an easement on the west side of the canal that accesses Walker Road.
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 recommends that the Board approve the vacation of this public
right-of-way as described in the attached Order No. 2003-013 subject to the following
conditions:
1. A utility easement does not have to be retained on the vacated portion of Frank Ogles
Road.
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)(d).
EXHIBIT "A"
PAGE 3OF3
Exhibit "B"
FRANK OGLES ROAD VACATION
LEGAL DESCRIPTION
A parcel of land containing 1.65 acres, more or less, located in a portion of the West
Half (WI/2) of Section 27, Township 17 South, Range 14 East, Willamette Meri
Deschutes County, Oregon, being more particularly described as follows:
Beginning at a 5/8" iron rod with plastic cap marked "DeJarnatt LS2208" monume' ting
the center one-quarter of said Section 27; thence along the north-south center sectio line
of said Section 27, North 00°43'08" West a distance of 30.04 feet; thence leaving said
center section line, 30.00 feet north of and parallel with the east-west center sectio line
of said Section 27, South 87°52'09" East a distance of 1238.49 feet; thence 88.55 feet
along a non-tangent curve to the left with a radius of 50.00 feet, the chord of which ears
South 41°21'17" West a distance of 77.45 feet; thence 30.00 feet south of and p ~allel
with said east-west center section line of said Section 27, North 87°52'09" W st a
distance of 1186.52 feet to said north-south center section line; thence along said W rth-
south center section line, North 00°43'39" West a distance of 30.04 feet to the poi t of
beginning, the terminus of this description.
REGISTERCD
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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 MARCH 26, 2003, 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, Deschutes County initiated the vacation of a
portion of the Frank Ogles Road located in the West One-Half (W Y2) of Section 27, Township 17
South, Range 14 East, Willamette Meridian, 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
DENNIS R. LUKE, Chair
PUBLISHED: Bulletin - March 6, 2003 and March 16, 2003
POSTED: March 6, 2003
MAILED: February 24, 2003