29-415-Resolution Recorded 12/6/19781
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VOL 2� ME 415
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter of Vacation of
O.B. Riley Road (Old Dalles ) RE'SOLUTIO*;
California Highway) Located )
East of U.S. Highway 97 in Bend, )
Oregon )
This matter coming before the Board of County Commissioners on
the petition of Ken A. Detroit, of Bend, Deschutes County, Oregon,
at a duly noticed public hearing on December 6, 1978, and good cause
appearing therefor, it appearing to be in the best interest of the public,
IT IS HEREBY RESOLWED THAT effective upon the occurrence of each and every
condition stated below, the following described county road right of way
is vacated: r
That portion of the O.B. Riley Road (the Old Dalles-California
Highway) located in the SE14 of Section 20, the SW14 of Section 21,
the NWS of Section 28, and the NES of Section 29, Township 17 South,
Range 12 East of Willamette Meridian, Deschutes County, Oregon
lying northerly of the northerly right of way line of the Swalley
Canal and easterly of the easterly right of way line of U.S. Highway
97; SUBJECT TO: all existing easements appurtenant or in gross,
all rights of way and all permitted uses by utilities in place on
the vacated right of way.
As conditions precedent to the vacation described above, the owners of
all lands abutting the above-described right of way to be vacated, or
their heirs, assigns and successors in interest shall:
1. Reference, save and replace the section corner monument common to the
sections lying within the vacated right of way;
2. Improve and reconstruct all that portion of O.B. Riley Road (also known
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VOL 29 FACE 416
1 as the Old Dalles-California Highway) lying easterly of U.S. Highway 97
2 not described above to Urban Local Standards as described in Deschutes
3 County Standard Specifications for Design and Construction (SSDS), as
4 adopted June 27, 1978.
5 3. Replace, reconstruct, improve or replace with a suitable culvert
6 crossing the existing Deschutes County Bridge No. A-008-02, also known
7 as 0. B. Riley 2, lying at approximately engineer station 11-00 on 0. B.
8 Riley Road, to the following standards:
9 (a) Dimensions shall be sufficient to allow crossing of the
10 Swalley Irrigation Canal by the portion of 0. B. Riley Road described
11 in condition 2 above without deviation from the standards required in
12 said condition for the newly improved road.
13 (b) The load capacity shall meet or exceed the HS 20 loading
14 standard promulgated by the American Association of State Highway and
15 Transportation Officials (AASHTO).
16 (c) All crossings of the Swalley Irrigation Canal shall have the
17 prior written approval of the Swalley Irrigation District, or its successors
Z 18 in interest in the Swalley Irrigation Canal.
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U) 4.19 4. Construct and dedicate to the public a new road adjacent to the
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�V)Fr-v northerly boundary of the proposed Boyd Center, as shown on the site plan
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�OZSaid new road shall be constructed to Urban Local Standards as set forth in
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SSDC, and provide access to the lands lying between the Burlington
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Northern Railway right of way and the Swalley Irrigation Canal lying east
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of said Boyd Center.
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VOL 29 FACE 417
1 5. Construct a crossing of the Swalley Irrigation Canal in connection with
2 the new roadway to be constructed, as described in Condition 4 above, to
3 the same standards as set forth in condition 3 above.
4 6. Comply with Oregon State Highway Division Standards regarding Road
5 Approach Permits in respect to all improvements constructed within
6 State Highway Division right of way.
7 7. Grant easements satisfactory to all utilities presently having permits
8 to install and maintain utilities within the right of way to be vacated
9 pursuant to this resolution, sufficient to continue all existing uses
10 presently made of the said right of way. This condition shall inure to the
11 benefit of the owners or users of each of said utilities.
12 8. Defend and hold Deschutes County harmless from any action or claim,
13 even if false or fraudulent, arising directly or indirectly from the
14 vacation of the right of way provided for herein.
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16 PROVIDED, HOWEVER, THAT in lieu of performing the construction required
17 in conditions 2 through 5 hereof,said owners may as a condition precedent
Z 18 to the vacation described above, file with Deschutes County a bond to assure
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�0)��� through 5 hereof, for such sum as is by the County Road Department deems sufficient
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mo}wZ to cover the cost of said construction, improvements, and expenses incidental
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000ZLU thereto. Such bond shall be executed by a surety satisfactory to the Board
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Dof County Commissioners and shall be approved by the County Counsel as to form.
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o Conditions 2 through 5 hereof shall be fully satisfied prior to opening the
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25 Boyd Center, or any part thereof for business.
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VOL 29 FACE 418
1 Nothing in this order relieves the owners abutting the right of way to be
2 vacated from any obligation imposed by law to obtain permits, comply with
3 any law or regulation, or receive approvals from any government agency
4 or body.
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et Nothing in this order prohibits the owners abutting the right of way
r to be vacated from petitioning the Board of Commissioners to waive
8 any of the conditions hereof and to release the bond provided for herein
8 should such waiver later appear to bu in the public interest.
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DATED: December 6d 1978
BOARD OF COUNTY COMMISSIONERS
Commissioner
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Page 4
BOARD OF COUNTY COMMISSIONERS
Commissioner