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2003-1501-Order No. 2003-120 Recorded 12/31/2003D ESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKEN COMMISSIONERSSHJOURNALNTY CLERK CJ 1003'501 1T/31/Z003 1T;38;36 PM 11111111111111111111111111 2003- is01 DESCHUTES COUNTY CLERK CERTIFICATE PAGE -r r_ - This page must be included if document is re-recorded. Do Not remove from original document. REVIEWED LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS 2003-88217 NANCY BLANKENSHIP, COUNTY CLERK 11111111111111111 NO FEE 002328722003008 12/30/2003 04:20:29 PM D-V Cntcl Stn=2 PAT This is a no fee document For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order vacating portion of the J.C. Thorp Road and a portion of the Dayton Road located in Deschutes County, * ORDER NO. 2003-120 Oregon. WHEREAS, proceedings for vacating portion of the J.C. Thorp Road and a portion of the Dayton Road located in Deschutes County, Oregon, were initiated by a petition filed by owners of property abutting said road and trails pursuant to ORS 368.341(1) (c); and WHEREAS, said petition meets the requirements of ORS 368.341(3); and WHEREAS, said petition contains the acknowledged signatures of owners of 100 percent of property abutting the property proposed to be vacated and indicates said owners' approval of said vacation; and WHEREAS, as requested by the Board of County Commissioners pursuant to ORS 368.346(1), the County Road Official has prepared and filed with the Board a written report pertaining to the vacation; and WHEREAS, said report contains the County Road Official's assessment that the proposed vacation is in the public interest; and WHEREAS, the Board of County Commissioners finds that the proposed vacation is in the public interest; now, therefore THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1 That the petition filed by the owners of 100 percent of the property abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this reference incorporated herein, is hereby accepted and approved. Section 2. That the County Road Official's written report, attached as Exhibit "B" and by this reference incorporated herein, is hereby accepted and approved. Page 1 of 2 - ORDER NO. 2003-120 0-f- Section 3. That the property, described in Exhibit "C" attached hereto and by this reference incorporated herein, is hereby vacated. Section 4. That the property, vacated in Section 3 herein shall vest with the rightful owner holding title according to law, in accordance with ORS 368.366(2). Section 5. That the Deschutes County Surveyor is directed to mark the plat as provided in ORS 271.230. Section 6. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be filed with the Deschutes County Surveyor and County Assessor. DATED this Z"-q day of ~k✓~V , 2003. ATTEST: qwxk~ Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) BOARD OF COUNTY COMMISSIONERS OF DESC ES, COUNTY, OREGON sZ. DENNIS R. LUK , C AIR L - TOM DEWOLF, COMMISSIONER Z_ ~ I ~ " MIC AEL M. DALY, MMISSIONER Before me, a Notary Public, personally appeared DENNIS R. LUKE, TIBM RE-10-1 -01-F and MICHAEL M. DALY the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of OFFICIAL SEAL BONNIE BAKER ;L NOTARY PUBLIC-OREGON COMMISSION NO. 364212 MY COMMISSION EXPIRES FEB. 23 2007 Page 2 of 2 - ORDER NO. 2003-120 (A- i'CiLLA-- .2003. NOTARY PUBLIC FOR OREGON My Commission Expires: 2~`l~ Exhibit "A" Page 1 of 2 PETITION FOR VACATION OF A PUBLIC ROAD TQ: T riE GESCriUTES COUNTY 80ARD Or COMMISSIONERS We, the undersigned (holding recorded interest or abutting the proposed property or owning improvements constructed on the proposed property for vacation;, respectfully request the following described road be vacated. Description of road to be vacated: 1"4pyi vDaA e si A/ 1q / 1q 2 I 0ev' Lei-NI a Ic rkorr2 'fvcuk esfi it 190aer 14C 311 Located in t"i~Yfi}~~+~ ~If ;~Dfl3 3 Deschutes County. uxr~ 1!~-it 23 --a t5 Reason for road vacation request: CcvvtN caul cAev - S•}~Je-. e?CTe:1Jz DIX,., +6" V'o&?,c~1 , nAT'-'1 +h;.. ").4N t. r ~ L 1- vr, i L-L-1 L, II J <c.y uay UI V r( 10r/e r , LU (1,) 4T,i r \r"" ~ T~ ' F v l-« vv N ss. County of tl-`,C :5 1 ADDRESS 010i? L puck Ad WS 6 ~'.3vLy (j- 4' +.r--1 J CITY Lae iA _qTATF 71P Or? -017D I L Z. k-:n this day of in the year ',-20=' before me, a Notary Public, !?erson?IIv a viJ:,ar cd . y ' ~iri v _ •a q ,y? - ' j Jersol )ally "n-won '.o Ille i'or proved iG me on the basis or satlsfkton/ evidence) to hp the nercnn(s) whose namoic) ic(are1 iuL iucu io 1113 instrument, and aCi-ulUWIeCIgeCI that the (She, tjREV) eXeCUted it. ✓ HLiSt!{! l 4Rl E ~ I iiv r ~unlssiOn ~Xpires: i NOTARY 9AZ - L~OREGON U]~ COMMISSION NO, 364504 UU)) M111MMISSIQN XPIRS }AO8, 20 11 DOCUMENT POOR OIJAI-Mll Road %ucation ,--~ummar: - p4ge AT TIME OF f. Exhibit "A" Page 2 of 2 STATE OF OREGON ) ) ss. County of (f, 11 j-1., T On this _day of , i - in the year 20 % before me, a Notary Public, personally appeared personally known to me (Or proven to me on 'the iDacie of catic;artpni avirianCal in ba the nArcnn(cl ;e;nCgn names is are)• subscribed to this instrument, and acknowledged that he (she, they) executed it. OFFICIAL SEAL WITNESS my hand and official sea! SHELBY J SMITH f NOTARY PUBLIC-OREGON COMMISSION NO. 362130 Notary 'Public=for;©regon. MY COMMISSION EXPIRES NOV. 1, 2006 My Commission expires: STATE OF OREGON County of ss. On thic daw `nf i the year 2vbefore me, a Notai, Pubic, personally appeared r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: _ STATE OF OREGON County of ss. On this day of in the year 20_, before me, a Nota y Pubic, perscnally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: ; i"fa i -,E . e~VeNL:Klvli~t- L'`_' 3I @ ?C~ ~.IIaZiVLre! iP~( ~iIIE. 'i 1~-.r,i'~..-. RE DOCUMENT POOR QUALITY Jv`gr' i ~IM AT TIME OF RECORDING. DOCUMENT PG(~ E__-HONE: AT TIME OF Roaa % .cation -~ummari - Page (U r-!:vExhibit "g» Page 1 of 2 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 DATE: December 15, 2003 SUBJECT: Vacation of Dayton Road and J.C. Thorp Road between Couch Market Road and U.S. Highway 20 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: Lee and Karen Lucas, owners of tax lot 1611230000524, approached Deschutes County about vacating the portions of Dayton Road and J.C. Thorp Road located on their property between Couch Market Road and U.S. Highway 20. The Lucas's were in the process of partitioning their property (MP-03-9) when their surveyor discovered the existence of these right-of-ways on their property. It was decided to wait until the partition was recorded to start the vacation process. The Lucas's also got their neighbors to the north, Nancy and Victor Vernon, tax lot 1611230000515, to sign the petition since a portion of these roads are also on their property. Since all property owners fronting the right-of-ways have signed the petition, this will be considered a 100% vacation and no public hearing will be required. Dayton Road was established in 1921 per Deschutes County Commissioners Journal 1 Page 392 and the J.C. Thorp Road was established in 1909 per Crook County Commissioners Journal 4 Page 321. These right-of- ways have never been developed for public use and because of their close proximity to Couch Market Road and Highway 20, will never be needed for public transportation. Vacation of these right-of-ways will clear up title and allow them to better utilize their property. 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: Central Electric: No Response Quality Services Performed with Pride Exhibit "B" Page 2 of 2 Central Oregon Irrigation District: No Response Pacific Power: No Response Qwest Communications: Response dated 12/9/03 from Florence Mott, Manager, ROW, "Engineer Joe Dairy advised Qwest has no known facilities in the area of the proposed vacation and therefore does not need to retain any easement rights." Tumalo Irrigation: No Response Deschutes County Community Development Department: Response from Paul Blikstad, Community Development Department, "This makes total sense and would be consistent with the recently completed partition on this property." 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. A utility easement does not have to be retained. 3. The vacation allows the applicants to better utilize their property and clears up the title to 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. 2003-120 subject to the following conditions: 1. 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 not 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. EXHIBIT "C" Vacation of Portions of Dayton & Thorp Roads Portions of the 1909 J.C. Thorp Road as established per Crook County Commissioners' Journal 4 Page 321 and the 1921 Dayton Road as established per Deschutes County Commissioners' Journal 1 Page 392 lying in the Southeast Quarter (SE 1/4 ) of Section 23, Township 16 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon and being more particularly described as follows: Those portions of said Thorp and Dayton Roads lying north of the north right-of-way line of Couch Market Road and south of the southwesterly right-of-way line of Highway 20. The area to be vacated is shown on the attached map titled "Exhibit "A" Sketch. Vacation of a portion of Thorp and Dayton Roads" 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 depending upon the replies received from utility and irrigation companies.) J:\DATA\WORD\Legal-Descripitions\VACATE\DAYTON&THORP 16-11-23(PP2003-63+)-Igl.doc 11/24/2003 9:29 AM MJB Exhibit "A" Sketch 500 0 500 1000 Tax1ot#1: 1611230000524 Lee and Karen Lucas 19100 Couch Market Rd Bend, OR 97701 Taxlot #2: 1611230000515 Victor and Nancy Vernon PO Box 6974 Bend, OR 97708 December 5, 2003 Legacy Roads 'Thorp, I.C. Dayton State Highway County Roads Taxlots The infomration on this mapwas derived from digital databases on Deschutes County's G.I.S. Care was taken in the creation of this map, but it is provided 'as is'. Deschutes County cannot accept any responsibility for errors, omissions, or positional accuraty 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. c:ldata\a rcvi ew\ roa d d ep t\ge org a\da yton-th o rp DF,.SCHUTFS COUNTY l- 1?OAD DEPAItTMF-NT " a GIS DIVISION Juan A--., &IS Spoaalnl r . A 1!:11111 W AI I...... +.l. inlinxla.hn,xlia nix IN ".1111._'I11, Ft. 1411u1. Iil !111112