2003-1121-Resolution No. 2003-086 Recorded 7/29/2003COUNTY OFFICIAL
TES
REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKDS YJ �YO�-1311
COMMISSIONERS' JOURNAL �1/Zg�Z4a3 l�;Z�;�S PM
LEG UNSEL 2003-1121 11111111111111
2003
ror Kecoramg Scamp uniy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
portion of Groff Road located in 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. 2003-086
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for
vacation of a public road known as a portion of Groff Road, located in the E %2 NE'/4 SW 1/4, Section 16,
Township 18 South, Range 13 East of the WM 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 a portion of Groff Road described in Exhibit "A", attached hereto and by this reference incorporated
herein, because it appears the road is 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 j - day of z.(� , 2003.
ATTEST:
Recording Secretary
PAGE 1 OF 2 - RESOLUTION NO. 2003-086
BOARD OFSOUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
ENNIS R. DUKE,
TOM DEWOLF, COWISSIONER
MI AEL M DALY, C MISSIONER
EXHIBIT "A"
Vacation of a Portion of Ward (Groff) Road Shown on Partition Plat 1991-14
A Parcel of land lying in the E '/z NE '/4 SW '/ of Section 16, Township 18 South,
Range 13 East of the Willamette Meridian, Deschutes County, Oregon and being
more particularly described as follows:
That portion of Ward Road (also known as Groff Road) shown on Partition Plat
1991-14 filed in Partition Plat Cabinet 1 Page 94 of the Deschutes County Clerk's
Office (and also filed at the Deschutes County Surveyor's Office as CSO4298)
lying westerly of the line labeled "FUTURE VACATION LINE" on said plat.
EXCEPTING THEREFROM the nnrtion Ivinn within the ,ntlthpriv 30.00 feet of
Parcel 2 and the northerly 30.00 feet of Parcel 1 of said Partition Plat. These
expected portions are to be retained as right-of-way for Superior Court.
The area to be vacated is shown on the attached map titled "Exhibit "A" Sketch.
Vacation of a portion of Ward (Groff) Road on PP1991-14" 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 261989
I
MICHAEL BERRY
2390
RENEWAL DATE: 1'2'-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.)
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ROAD DEPARTMENT
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ENGINEER'S REPORT
TO: Board of County Commissioners
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department Girl
DATE: July 22, 2003
SUBJECT: Vacation of a portion of Groff Road
This report is made pursuant to ORS 368.351, concerning the vacation of property without a public
hearing. A county governing body may make a determination about a vacation of property without a
public hearing if.
(1) The county road official files with the county governing body a written report that contains
the county road official's assessment that any vacation of public property is in the public
interest; and
(2) The proceedings for a vacation were initiated by a petition that contains acknowledged
signatures of 100 percent of the property owners abutting any public property to be vacated.
Background:
In January and February of 2003, Deschutes County Road crews realigned (straightened) and widened
Groff Road north of Rickard Road to allow for continued maintenance by Deschutes County. As a result
of the realignment, a portion of the existing right-of-way for Groff Road is no longer needed in the area
where the existing roadway was routed around rock outcroppings. See attached vicinity map for the
location of these areas.
The Road Department initiated this vacation by notifying the adjacent landowners, Michael and Jill
Blume and Michael and Pamela Williams to see if they were interested in signing the petition to start the
vacation. All property owners were in favor of the vacation.
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:
Quality Services Performed with Pride
Avion Water: Response dated 7/2/03 from Dave Tolve, "Avion Water Co. Inc. has an 8" main line and
appurtances located in the area to be vacated. We would require a 20' wide easement to
be reserved."
Central Electric: Response from Judy Barnes, "Central Electric has existing facilities located on this
property. We would like to reserve a utility easement."
Central Oregon Irrigation District: No Response
Pacific Power: No Response
Qwest Communications: Response dated 7/10/2003 from Florence M. Mott, Manager, ROW, Oregon,
"Wanda, Qwest Corporation has facilities along the west side of Groff Road which would be the East side
of this parcel. We must retain our utility rights, Thank you."
Deschutes County Community Development Department: Cathy Tilton, CDD, had the following
questions concerning the vacation:
1. On PP 1991-14, (related to MP -90-46) shows Ward Rd. Did this portion of Ward Rd. get
renamed Groff Rd? Groff Road is listed in our road list as going from Supreme Ct. south past
Rickard. It appears that the plat was in error as to listing the name as Ward Road.
2. Is Superior Ct. now a road dedicated to the public? Superior Ct. was dedicated to the public on PP
1991-14
Rick Isham, 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 Road Department has verified that a petition under ORS 368.341 has initiated proceedings for
this vacation and contains the acknowledged signatures of the owners of 100 percent of the
property abutting the proposed vacation.
2. The right-of-way is no longer needed for public roadway purposes
3. A utility easement does have to be retained on the right-of-way being vacated.
4. The vacation will allow 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. The Road
Department recommends that the Board approve the vacation of the parcels as described in the attached
Order No. 2003-080 subject to the following conditions:
The vacated property shall vest in the rightful owner holding title according to law pursuant to
ORS 368.366 (1)(c).
2. A utility easement does have to be retained on the vacated property
3. No opposition to the vacation is reported to the County prior to or during the public hearing.
400 0 400 800
The inbrmation on this map wes derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation ofthis
map, butt Is provided "as is-. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
DESCHUTES COUNTY
ROAD DEPARTMENT
GIS DIVISION
f �- ;nhn i:ntiaresn. 3tS Yaeciaiist