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40-369-Resolution No. 81-071 Recorded 9/16/198140 face BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring Proceedings ) to Vacate the Road Known as a ) Portion of Highland Avenue (Kendan ) Road); Requiring the Roadmaster to ) F L E Report his Opinion as to Whether ) or not the Road Should be Vacated; ) Setting a Date for a Hearing on ) E 1981 the Report; and Giving Notice. ) ROSEMARY PATTERSON RESOLUTION N0. 81-071 DESCHUTES COUNTY CLERK WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, has received a petition to vacate a portion of Highland Avenue (Kendan Road); and it appearing that said road is useless as a part of the general road system of Deschutes County, and that the public will be benefitted by its vacation; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That proceedings be commenced to vacate a portion of Highland Avenue (Kendan Road), described as follows: All that portion of Kendan Road as established on the 15th day of August, 1979, lying between Deschutes County Engineer's Station 4+00 and Station 13+12.27 of the East-West leg of said Kendan Road, being more particularly described as follows: Beginning at the Northeast corner of Lot 22 of the unrecorded plat of Highland Estates (a survey in the East Half of Section 30, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, by Richard Graue, dated January 12, 1972), said Northeast corner of Lot 22 bears North 89° 40' 17" West 1581.50 feet and North 622.17 feet from the South one -sixteenth corner common to said Section 30 and Section 29 of said Township and Range; thence, South 890 51' 30" East 933.99 feet along the North line of Lot 23 and Lot 24 of said plat; thence North 35' 51' 00" West 74.16 feet; thence North 89' 51' 30" West 890.56 feet; thence, South 60.00 feet to the point of beginning. RESOLUTION NO. 81-071, PAGE 1 VOL �I AGE B 0 Section 2. That the Roadmaster is hereby directed to examine the road and make a report, giving his opinion as to whether the road should be reduced in width or vacated, whether the road is or has been in use, whether it is advisable to preserve the road for the general road system in the future, reduced in width, or whether the public will be benefitted by the vacation, and all other facts that are of importance to the county court, including the amount of unpaid assessments and how said assessments will be satisfied if the road is vacated. This report shall be filed on or before Wednesday, September 23, 1981, with the County Clerk and the Board of County Commissioners. Section 3. That a hearing on the report shall be held on Wednesday, October 28, 1981, at 10:00 a.m. in the Deschutes County Courthouse Annex, Bend, Oregon. The Roadmaster shall mail to each person owning property immediately adjoining the road or any portion thereof to be vacated, and to each person holding a recorded license, franchise, easement, or permit in the road to be vacated, the Notice of Hearing, marked Exhibit "A," attached hereto and by this reference incorporated herein, and a copy of his report, by certified mail, return receipt requested, on or before September 23, 1981. Section 4. That the Notice of Hearing and Roadmaster's Report shall be posted in three public places in the vicinity of the road to be vacated, on September 23, 1981. DATED this - day of 1981. BOARD OF COUNTY COMMISSIONERS OFCHUTES COUN Y, OREGON CQl c.. Dace-� _ .11 er sioner ATTEST: SUSAN STONEMAN Recording Secretary RESOLUTION NO. 81-071, PAGE 2 EXHIBIT "A" NOTICE OF ROAD VACATION HEARING VOL 40 PAGE371 On Wednesday, October 28, 1981, the Board of County Commissioners of Deschutes County, Oregon, will hold a hearing on the proposed vacation or reduction in width of a portion of Highland Avenue (Kendan Road), described as follows: All that portion of Kendan Road as established on the 15th day of August, 1979, lying between Deschutes County Engineer's Station 4+00 and Station 13+12.27 of the East-West leg of said Kendan Road, being more particularly described as follows: Beginning at the Northeast corner of Lot 22 of the unrecorded plat of Highland Estates (a survey in the East Half of Section 30, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, by Richard Graue, dated January 12, 1972), said Northeast corner of Lot 22 bears North 890 40' 17" West 1581.50 feet and North 622.17 feet from the South one - sixteenth corner common to said Section 30 and Section 29 of said Township and Range; thence, South 89° 51' 30" East 933.99 feet along the North line of Lot 23 and Lot 24 of said plat; thence North 35° 51' 00" West 74.16 feet; thence North 89° 51' 30" West 890.56 feet; thence, South 60.00 feet to the point of beginning. at 10:00 a.m. in the Deschutes County Courthouse Annex, Bend, Oregon. Any interested person may appear and comment or make objections to the vacation or reduction in width of the road. DATED this 23rd day of September, 1981.