2004-1117-Order No. 2004-064 Recorded 8/24/2004*REV1 ED
LEGAL COUNSEL
DESCHUTES
COUNTY CLERKDS CJ 200401111
NANCY
COMMISSIONERS' JOURNAL 08/24/2004 03;46;15 PM
1111111111111111111111111 III III
2004-1117
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating the Alley between Ash
Street and First Street, located in La
Pine, in Deschutes County, Oregon, ORDER NO. 2004-064
*
WHEREAS, proceedings for vacating the Alley between Ash Street and First Street,
located in La Pine, 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. 2004-064
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(1)(c).
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.
rV
DATED this 0~" "-day of , 2004.
ATTEST:
G4L')"
Recording Secretary
STATE OF OREGON
County of Deschutes
)SS.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
MICHCHAIR
DE NIE, CO ISSIONER
TOM EWOLF, COM SSIONER
Before me, a Notary Public, personally appeared MICHAEL M. DALY,
DENNIS R. LUKE, and TOM DEWOLF the above-named Board of County Commissioners
of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of
Deschutes County, Oregon.
DATED this 6j d y of , 2004.
OFFICIAL SEAL
BONNIE BAKER
i, NOTARY PUBLIC-OREGO
COMMISSION NO.36421. `
MY COMMISSION EXPIRES FEB. 23 2007
Page 2 of 2 - ORDER NO. 2004-064
NOTARY PUBLIC FOR OREGON
My Commission Expires:e Z30 7007
EXHIBIT "A"
r.
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
RECEIVED
JUL ~ 291` 4
DESCHUTES CO
ROAD DEPT
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.
Reason for roMacation request: 11-e e r. e c~li c C,. C11 - k,~7
(11A),1 (KN-oahl cr l _ iIU Q- -Fr`:e _ 11 rA C,-2a-P/, I
DATED this day of-A 1 ;2 st , 20 .
STATE OF OREGON )
ss.
County of DzD )
,2AD,,DRESS CITY STATE ZIP
PO x 214aS L•CtfIK,2 OF_ 77BI
54 Au - As A-bo-LLp-
On this da of in the year 200; before me a Notary Public, personally
appeared G /Yl e S S rlC~ Cc personally known
me (or proved to me on the basis of satisfactory evide ce) to be e person(s) whose name(s) i re)
subscribed to this instrument, and acknowledged that he (she, hey executed it.
WITNE y hand and i5~~bal
T ~7 F F1ca" No ary Public for gon.
v P,0 L My Commission expires: &2E
vrra AL SEAL
NICOLE L POWELL
NQTARY PUBLIC-OREGON
'`AMISS10N N0
;t,,. .377505
Road Vacation Summary - Page 4
Located in La R Y~-z . , Deschutes County.
TES
1; EXHIBIT "B"
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 3B8-2719
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: August 16, 2004
SUBJECT: Vacation of an alley located between Ash Street and First Street in La Pine, Oregon.
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:
James and Kasey Hayes submitted a petition to the Road Department for the vacation of an alley located
between Ash Street and First Street in La Pine, Oregon. This alley bisects property owned by the Hayes's
and they are planning on building a home on the property along with the septic system. The location of
the alley does not allow them to build the house in the location they desire.
A site visit was conducted and there is no road located in the right-of-way at this time and there is no need
for one in the future. The right-of-way for the alley is only 15 feet in width. There were no utilities
visible on alley right-of-way. Vacation of this alley will allow the applicants 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:
Crestview Cable: No Response
Exhibit "B"
Page 1 of 2
Quality Services Performed with Pride
Mid-State Electric: No Response
PGT: No Response
Qwest Communications: No Response
La Pine Sewer District: No Response
La Pine Water District: No Response
La Pine Fire Department: No Response
Deschutes County Community Development Department: Response dated 8/3/04, "1 recommend
approval. "
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 as there are no existing utilities on this right-of-
way.
3. 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. The Road
Department recommends that the Board approve the vacation of the alley as described in the attached
Order No. 2004-064 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 signature of Order 2004 - 064.
Exhibit "B"
Page 2 of 2
EXHIBIT "C"
A parcel of land in the Southwest % of the Southeast'/ (SW Y4 SE Y4) of Section
10, Township 22 South, Range 10 East of the Willamette Meridian, Deschutes
County, Oregon, being more particularly described as follows:
All of the alley in Block 3 as shown on the official plat of the "First
Addition to La Pine" recorded and filed in Cabinet A, Page 56 of the
plat records in the office of the County Clerk, Deschutes County,
lying south of the south right-of-way line of Ash Street and north of
the north right-of-way line of First Street.
REGISTERED
PROFESSIONAL
AND SURVEYOR
JULY 26, 1909
MICHAEL J. BERRY
RENEWAL DATE: 12131/ O5
J:\DATA\WORD\Legal-Descripitions\VACATE\Ally BLK 3 First Add to La Pine 22-10-1 ODC-IgLDOC
8/16/2004
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