2005-203-Order No. 2005-011 Recorded 3/17/2005REVIEVD NANCYUBLANKCOUNTY ENSNIP~~COUNTY CLERKDS ICJ ~~OJ'~03
P
COMMISSIONERS' JOURNAL 03/17/2005 11;30;44 AM
LEGAL COUNSEL IIIIIIIIII~IIIIIIIIIIIIIIIIIIII
2005-203
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of
Hutchinson Way located in Ranchette
View Estates in Deschutes County,
Oregon,
ORDER NO. 2005-011
WHEREAS, proceedings for vacating a portion of Hutchinson Way located in
Ranchette View Estates 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. 2005-011 Document Reproduces Poorly
(Archived)
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.
DATED this 16 'day of dA Ok--- , 2005.
ATTEST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
Before me, a Notary Public, personally appeared TOM DEWOLF, MICHAEL M.
DALY and DENNIS R. LUKE the above-named Board of County Commissioners of
Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of
Deschutes County, Oregon.
-01 DATED this day of ~74Q/C CA , 2005.
OFFICIAL SEAL
BONNIE BAKER
NOTARY PUBLIC-OREGOt
COMMISSION NO. 36421..
MY COMMISSION EXPIRES FEB. 23 2007
Page 2 of 2 - ORDER NO. 2005-011
BOARD OF COUNTY COMMISSIONERS
NOTARY PUBLIC FOR O GON
My Commission Expires: 17 ad
OF DESCH TES, OU TY, OREGON
TOM EWOLF, A
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF 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: 5ee Iesev-, w7►o,,.)
Located in R ~Ul w I574q)~P, , Deschutes County.
Reason for road vacation request: 1~oa~ RQA--'5 ca V1 4O CPe 6
~o 0 'hs t',N arouu>D ra ter-- `+1~ z.~ Cieac~-eW
Y-O". ae S-- o-a 'n a. n' ip w , L ( P► ~sev ve u.. are bl - - `F 1 r ~~L7v
DATED this Mticday of 1.70yek. ~~r , 200-19~_.
NAME
r N rA"-L l am, sa~1
ADDRESS CITY
~b SLo 66'-- , I 4L t.
STATE ZIP
STATE OF OREGON
ss.
County of 7en~-~e q )
On this 26day of NQVP-MlQeir , in the year 200 , before me, a Notary Public, personally
appeared CrY1Z - 14L4dAin5a-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 (sh they) executed it.
WITNS my fiftd and official seal
OFFICIA~ SEAL
AG1
i
PUBL C_
NOTARY OREGON
COMMISSION NO .A357541
(\4Y COMMISSION FX?IRES AAAY )7 2006
a.
Road Vacation Summary - Page 4
0z q_19
Exhibit "A"
1 of 2
r\
STATE OF OREGON
County of
ss.
On this day of in the year 20_, before me, a Notary Public, personally
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: _
STATE OF OREGON
County of
ss.
On this day of , in the year 20_, before me, a Notary Public, personally
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:.
STATE OF OREGON
County of
ss.
On this day of in the year /-0 , before me, a Notary Pudic, pe►suiidny
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 CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
S ATURE
ADDRESS
TELEPHONE: rJ~ I S-18.41
Road Vacation Summary - Page 5
Exhibit "A"
2 of 2
~CC_-
ENGINEER'S REPORT
TO: Board of County Commissioners
Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: March 3, 2005
SUBJECT: Vacation of a portion of Hutchinson Way
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:
Hutchinson Way is located off of SW 58th Street west of Redmond, Oregon (See attached vicinity map,
Exhibit 1). This road was created through the platting of Ranchette View Estates in 1980. The road was
never constructed as a part of the land use process as the owner of the property continued to farm the
parcel. Ernest Hutchinson, the owner of all the parcels affected by this vacation approached the Road
Department in August 2004 to discuss constructing Hutchinson Way to allow him to sell the lots. Mr.
Hutchinson's plan was to construct a cul-de-sac on this road and vacate the remainder of the right-of-way
between the cul-de-sac and the east end of the property. He has dedicated the necessary right-of-way for
the cul-de-sac which was recorded with Deschutes County on 2/24/05 therefore the remainder of the
right-of-way as shown on Exhibit "A" of Order No. 2005-011 can be vacated.
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:
EXHIBIT "B"
Quality Services Performed with Pride Page 1 of 2
Bend Cable: No Response
Cascade Natural Gas: No Response
Central Electric: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
Qwest Communications: Phone conversation with Florence Mott, right-of-way manager, on 3/3/05
indicated that they had no facilities in the area being vacated and no easement was required.
Redmond Fire Department: No Response
Deschutes County Community Development Department: No Response
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. The property to the east of this
vacation is zoned EFU therefore the road will not be extended to the east from its present location.
3. A utility easement does not 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. 2005-011 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
EXHIBIT "B°
Page 2 of 2
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Exhibit "1"
Document Reprodi., Page 1 of 1
Document Reproduces Poorly (Archived`
(Archived)
BUD HUTCHINSON
STREET VACATION
EXHIBIT "C"
Paqe 1 of 2
A Street Vacation of Hutchinson Way, adjoining Lot 4, Block 1, and Lot 3, Block 2, Ranchette
View Estates, located in the Southwest One-Quarter of the Northeast One-Quarter (SW 1/4 NE
1/4) of Section Twenty-Five (25), Township Fifteen (15) South, Range Twelve (12) East,
Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows:
Beginning at the Southwest corner of said Lot 4, Block 1, said point lying on the
North right-of-way line of Hutchinson Way; thence along the South line of said
Lot 4 North 89°52'46" East 39.77 feet to the TRUE POINT OF BEGINNING of
said street vacation; thence along said South line North 89°52'46" East 264.81
feet to a point on the East line of said Lot 4; thence leaving said South line along
the East line of said Ranchette View Estates South 00° 18'04" West 30.00 feet to a
point on the centerline of Hutchinson Way; thence leaving said East plat line and
along said centerline South 89°52'46" West 254.59 feet; thence leaving said
centerline along an arc of a 50.00 foot radius curve to the left 32.18 feet, the chord
of which bears North 18°33'20" West 31.62 feet to the TRUE POINT OF
BEGINNING of street vacation, containing 7,737 square feet, more or less.
Beg1 ning at the Northwest corner or said Lot 3, Block 2, said point lying on the
South right-of-way line of Hutchinson Way; thence along the North line of said
Lot 3 North 89°52'46" East 137.23 feet to the TRUE POINT OF BEGINNING of
said street vacation; thence leaving said North line along an arc of a 50.00 foot
radius curve to the left 32.18 feet, the chord of which bears North 18°18'52" East
31.62 feet to a point on the centerline of Hutchinson Way; thence along said
centerline North 89°52'46" East 254.59 feet to a point on the East line of
Ranchette View Estates; thence leaving said centerline and along said East plat
line South 00°18'04" West 30.00 feet to a point on the North line of said Lot 3;
thence along said North line South 89°52'46" West 264.37 feet to the TRUE
POINT OF BEGINNING of street vacation, containing 7,730 square feet, more or
less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 22, 1977
JAMES R. TYE
1104
,EJeF'VQ-s 6-30 -0(
STREET VACATION EXHIBIT "C"
Paqe 2 of 2
LOT 4, BLOCK 1, AND LOT 3, BLOCK 2, RANCHETTE VIEW
ESTATES, LOCATED IN THE SW 1/4 NE 1/4 OF SECTION 25,
TOWNSHIP 15 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN,
CITY OF REDMOND, DESCHUTES COUNTY, OREGON
B L 0 C K 1 1
LOT 3
LINE TABLE
LINE
BEARING
LENGTH
L1
N89'52'46"E
39.77'
L2
S00'18'04"W
30.00'
L3
SO0'18'04"W
30.00'
LOT q 7,737 S.F. Street Vacation
2
Southwest Corner of Lot 4, Block 1 ~
O
z
L1 N89'52146"E 264.81
Old Right-of-way Line
HUTCHINSON
WAY ~N
- N8952'46"€
137.23'
7.730 S.F. Street Vacation
New Right-of-way Line Existing 1.00 foot Reserve Strip
Northwest Corner of Lot 3, Block 2
LOT 3 B L O C K 2
CURVE TABLE
CURVE RADIUS LENGTH CHORD BEARING DELTA
SCALE: 1 60'
DATE: 11-05-04
WO#: 6141=DED
OWNER:
BUD HUTCHINSON
1514 S.W. HIGHLAND AVENUE
REDMOND, OREGON 97756
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY ZZ 1@77
JAMES R. TYE
1104
EXPIRES 6-30-06
N
poi` at-) t3
CiNt i rS
Document Reproduces Poorly
(Archived)