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2003-1062-Resolution No. 2003-066 Recorded 7/10/2003DESCHUTES REVIEWED NANCY BLANKENSHIP, COUNTY CLERK J��— DS CJ 7003.1061 COMMISSIONERS' JOURNAL 07/10/2003 02;56;14 PM LEGAL COUNSEL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2003-1062 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of portions of "E" Avenue, 18th Street and "C" Avenue located in Terrebonne, Deschutes County, Oregon, Describing the Property Proposed to be vacated, the Reasons for the Vacation, and requesting that the County Road Official file a Report. RESOLUTION NO. 2003-066 WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for vacation of public roads known as portions of "E" Avenue, 18th Street and "C" Avenue, located in Terrebonne in Deschutes County, Oregon; and WHEREAS, the Board of County Commissioners has determined it to be in the public interest to consider such vacation; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to vacate portions of "E" Avenue, 18th Street and "C" Avenue described in Exhibit "A" and Exhibit "B", attached hereto and by this reference incorporated herein, because it appears the roads are no longer needed for public use, and will not be needed in the future. Section 2. That the County Road Official shall file a Report with the Board of Commissioners, describing the ownership and uses of property to be vacated, and whether the vacation would be in the public interest, within fourteen (14) days of the date of this Resolution. DATED this day of , 2003. BOARD OF COUNTY COMMISSIONERS OF DES UTES COUNTY, OREGON DENNIS R. LUKE, CHAIR ATTEST: Recording Secretary PAGE 1 OF 2 – RESOLUTION NO. 2003-066 TOM DEWOLF, COM MI SIONER MTC AEL DA Y, COMMISSIONER Vacation of a Portion of 18th Street and C Avenue in the Plat of Hillman (Terrebonne) That portion of 18th Street and C Avenue as shown on the official plat of Hillman ror-arbnd and filed it Cabinet A Dago 77 of +Ho plot• ror•nrr S it the afore of the 1V 1-41-1A114 IIIVI.� 1 1 V 11 l , i V I I VI LIIV IUL 1VVVIU 11 I V CountyCleric, Deschutes County, Oregon bounded on the south by the centerline of Avenue, on the west by the centerline of 18th Street, on the north by the prolongation of the north line right-of-way line of C Avenue and on the east by the prolongation of the east right-of-way line of 18th Street as shown on said plat and on the attached map titled "Vacation of a Portion of 18th Street and C Avenue" which is hereby incorporated by reference. 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 26, 1989 MICHAEL J. BERRY 2390 RENEWAL DATE: 12-31— (This is a preliminary description of the vacation. The "SUBJECT TO" portion will be modified or removed dependina upon the replies received from utility and irrigation companies.) :IDP.��.1hJCRDILagat Desch ifions0./AC:,.TE`.i8M&C-;?1kk 65 Hillmani.uoc Vacation of a Portion of 18th Street and "C" Avenue 00 0 200 ,00 18th Street County Roads Railroad Taxlots Thai nformation on this map was derived from 6gital databases on Deschutes Countys G.I.S. Care was taken in ft demon of this map. Desdwms County cannot accept emy responsibility for errors, ontissions, a positional accuracy and therefore, them are no warrentieswFdch accomparry this product. Howmve, nOHU tion of any erorswill baappredated. DESCNUTfS COUNTY ROAD DEPARTMEU cls DIMION c:\data\arcview\roaddept\be« y\vacabons EXHIBIT "B" Vacation of a Portion of E Avenue in the Plat of Hillman (Terrebonne) That portion of E Avenue as shown on the official plat of Hillman recorded and flied in Cavinet page 77 of the plat records in the office of the Count" Cleric Deschutes County, Oregon lying east of the east right-of-way line of �9`. Street and west of tiie west right -of -Way 'line of East Street as shown on said plat and on the attached map titled "Vacation of a Portion of E Avenue" which is hereby incorporated by reference. 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 25, 1989 MICHAEL J. BERRY 2390 RENEWAL DATE. 12 -31 - (This is a preliminary description of the vacation. The "SUBJECT TO" portion will be modified or removed depending upon the replies received from utility and irrigation companies.) OtiT, 1'vVCP.0\�agci- ✓esc„o;iions\VACA T E1E .4ve-oetween- ! 9th&Easc(HH1m@n,.aoc Vacation of a Portion of "E" Avenue 00 ..][ tetlllllitllt MMENi s E Avenue County Roads �,'� Railroad '[::::] Taxlots The information on this map was derived from dial databases an ;r DFSCHITIFES COHiYW Deschutes County's G.I.S. Care was taken in the creation of this ROAD DEPARTMENT map. Deschutes County cannot accept any responsibility for errors, 61s DIVLSION omissions, or positional accuracy and, therefore, there are no warrantieswhichaaaparry this product However, notification ofT�r..' any errors will beaooredated __ c:Qia lrcZ.Mroaddept\berry\yac.tions '`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 G-ftvw--- DATE: June 30, 2003 SUBJECT: Vacation of portions of E Avenue, 18th Street and C Avenue (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, Conley Cronin and Mike Walker to have the portions of E Avenue between 19th Street and 1St Street vacated and also a small portion of C Avenue and 18th Street that is adjacent to the Abbas property. I made a field trip out to the site and found there are no roadway improvements located in these right-of-ways and it has never been open to traffic as far as I could determine. Because of the location of the rim rock in relation to E Avenue, there would never be a reason to construct a road in this right-of-way to serve the general public. There are no above ground utilities evident on either of the right-of-ways. The purpose of this vacation is to allow the property owners, Ike Abbas and Conley Cronin to better utilize their property. Concerning the 18th Ave./C Ave. vacation, the portion of 18th Street north of this vacation was vacated on September 11, 2002 by Order 2002-100 and the portion of C Avenue east of this vacation was vacated on November 11, 2002 by Order 2002-125. These vacations left a portion of both right-of-ways located in the southwest corner of Ike Abbas' property. Ike would like this portion vacated to allow him to square up his lot. On the E Avenue vacation, both Ike Abbas and Conley Cronin would like to combine this right-of-way into their properties since it is not feasible to build a road in this right-of-way as a result of the rim rock. This vacation will allow both property owners to better utilize their property. The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Central Electric Co-op: No response. COI Irrigation: No response Pacific Power and Light: No response Quality Services Performed with Pride Qwest Communications: No response Terrebonne Water Company: No response Redmond Fire Department: No response. 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. A utility easement does not have to be retained. 3. These right-of-ways were never open for traffic and will not be needed for public travel in the future 4. The vacation allows the applicants to better utilize their property. 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 the parcels as described in the attached Order No. 2003-071 subject to the following conditions: 1. A utility easement does not have to be retained. 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).