2005-579-Order No. 2005-013 Recorded 3/28/2005REVIE ~~D
LEGAL OUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
RECORDS
CLERK Q 1005.519
03/28/2005 03;44;58 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of Tholstrup
Road located in Deschutes County,
Oregon,
ORDER NO. 2005-013
WHEREAS, proceedings for vacating a portion of Tholstrup 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. 2005-(
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 29 - day of CJ , 2005.
BOARD OF COUNTY
OF DESCHUkES, CC
TOM DEWOLF,
ATTEST: 'XM440' A/W
M HAE . D LY,
.2
Recording Secretary
D NNIS R. LUKE, C
STATE OF OREGON )
)SS.
County of Deschutes )
MMISSIONERS
FY, OREGON
MMISSIONER
MISSIONER
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.
DATED this day of WL&A , 2005.
OFFICIAL SEAL
BONNIE BAKER
NOTARY PUBLIC-OREGO!
COMMISSION NO.36421-
MY COMMISSION ..XPiRES FEB. 23 2007
~j
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 2 of 2 - ORDER NO. 2005-(
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: a
Located in
Reason for road vacation request:
Deschutes County.
I .L if
a
OV ~fc'6vA
DATED this --t'j day of Jb,MCp p c k , 20Q5-.
~y/ ADDRESS
G~ ~~ANAME
STATE OF OREGON
County of
ss.
CITY STATE ZIP
aF q ~ 70
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:
Road Vacation Summary - Page 4
Exhibit "A"
Page 1 of 3
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
ss.
County of
On this / /44day of Ja A u-ct ti , in the year 20 (}5, before me, a Notary Public, personally
appeared )et r r Sd1° G- 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.
_ WITNES y andand officio seal
OFFICIAL SEAL
WANDACALLAHAN Notary Public for Oregon.
[!NOTARY
PUSUC-OREGON
ISg I,IO, » My Commission expires: - 2 0 - Z d c
MMISSION EXPIRES JAN. 20, 2005
I CERTIFY THAT THIS IS THE TRUE AND QRIIGINAL PETITIOA CIRCULATED BY ME.
SIG 7`I'URE
ADDRESS,
TELEPHONE: t~
Exhibit °A"
Page2of3
Road Vacation Summary - Page 5
Community
Development
Department
i CYNTHIA SMIDT
~j Assistant Planner
IQ c.i
117 NVV Lafayette • Bend, Oregon, 97701
(541) 3173150 • FAX: (541) 385-1764
E-mail: cynthiasr'co.deschutes.ocus
http://www.co/. deschutes.or.us,/ oddi
October 15, 2004
Jack Owen
55661 Big River Drive
Bend, Oregon 97707
RE: Lot line adjustment, LL-04-29
Dear Mr. Owen:
1617 ]gp~ O
2
rv
The Deschutes County Planning Division has reviewed your application for a lot line adjustment.
The application consists of two separate adjustments correlating to one another. The first
property line adjustment consists of a lot consolidation between tax lots 20-11-00-2600 and
2690, as well as a parcel not yet identified with a tax lot account number by the Deschutes
County Assessor. This unnumbered tax lot is referred to as `Parcel X in this decision'. The
second property line adjustment uses the above listed consolidated lots and adjusts a shared
property line with a lot to the south, tax lot 20-11-30A-1700.
A lot line adjustment as defined by Section 17.08.540 of Title 17 of the Deschutes County Code,
Subdivision and Partition Ordinance is:
"An adjustment of a property line by the relocation of a common boundary where
an additional unit of land is not created and where the existing unit of land
reduced in size by the adjustment complies with any applicable zoning
ordinance."
The zoning for these lots is Rural Residential (RR10). Tax lot 2600 and 1700 are also within the
Flood Plain (FP) zone. In addition, the subject properties are within the Landscape
Management Combining (LM) and the Wildlife Area Combining (WA) zones. All restrictions for
this zone still apply to the subject properties.
a-tiacGr.~wt 1
' According to the County Road Department, this parcel was formerly a portion of a County road right-of-
way. This old road, Tholstrup Road, was established in the early 1900's by Order of the County Court
(currently known as the Board of County Commissioners). Tholstrup Road has been reconfigured and
replaced with the current South Century Drive. The applicant, Jack Owen, acquired the property, subject
to road right-of-way vacation, as it is not necessary for the South Century Drive road right-of-way. If
vacated, the property would then return to the original property owner, Opportunity Foundation of Central
Oregon. In this case, Mr. Owen has purchased this parcel from the Opportunity Foundation, conveyed to
him in a Warranty Deed dated September 3, 2004 and recorded with the Deschutes County Clerk's Off
(Document No. 2004-53635). to to
)unity Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Exhlblt A
_ Page-3-of 3
~0- c
07
l Road Department
7'0~7/ 61150 SE 27th St. • Bend, Oregon 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: March 15, 2005
SUBJECT: Vacation of Tholstrup Road
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:
Jack Owen approached the Road Department on the possibility of vacating a portion of Tholstrup Road on his
property which is located in the southeast corner of the intersection of Lazy River Drive and South Century
Drive (see attached Exhibit 1). Jack owns tax lots 2011000002600, 2011000002690 and 2011000002700 and
was thinking of doing a lot line adjustment to clear up several conflicts on these properties. Research by the
Road Department indicated that this right-of-way was established in 1910 with a realignment of the right-of-
way occurring in 1913. These right-of-ways are no longer needed for road purposes and can be vacated.
At this time, Mr. Owen is in the process of doing a lot line consolidation (LL-04-29) on his properties and one
of the conditions of the lot line adjustment is, "The applicant shall vacate the Tholstrup Road right-of-way with
the County Road Department and submit to the Planning Division documentation indicating such vacation."
Vacation of this right-of-way will satisfy this condition and clear up title and allow Mr. Owen to better utilize
his 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
Mid-State Electric: No Response
Quality Services Performed with Pride
Exhibit "B"
Page 1 of 2
Qwest Communications: Initial response from Florence Mott, dated 3/3/05 stated, "Qwest has cable on the
south side of South Century Drive so we do object. Our rights must be retained. " Subsequent conversation
with Bob Kitchen, local contact for Qwest, on 3/14/05 indicated that they did have cable in the right-of-way of
South Century Drive but that it did not go onto the private property. They also have a cable going down Lazy
River Drive serving the properties to the south. Bob felt that an easement would not have to be retained on the
property as long as there was no effect to the right-of-way on South Century Drive
La Pine Fire Department: No Response
Deschutes County Community Development Department: Response from Chris Smoyer, Community
Development Department, "Recommend approval. See comment & lot line decision from Cyndi Smidt."
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. 2005-013
subject to the following conditions:
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 2of2
IV. /
2
Exhibit "1"
Page 1 of 1
Exhibit "C"
Page 1 of 2
THOLSTRUP ROAD VACATION LEGAL DESCRIPTION
All of that portion of the H. G. Tholstrup Road as established on September 8, 1910 in
Crook County Commissioner's Journal 4 Page 464 together with all of that portion of
the H. G. Tholstrup Road Change as established on July 22, 1931 in Deschutes County
Commissioner's Journal 2 Page 568 lying within the following described of land:
That portion of the Northeast Quarter of Section 30 and the Southeast Quarter of
Section 19, Township 20 South, Range 11 East, W.M., Deschutes County, Oregon,
described as follows:
Beginning at the Northwest corner of Lot 1, Block 3, Plat of LAZY RIVER WEST thence
along the west line of said lot 1, SO' 52'W for 25.00 ft.; thence N890 26' 41"E for
201.00 ft.; thence SOO 33' 18"E for 40.00 ft.; thence N89° 26'41"E for 169.00 ft.; thence
NO' 33' 18"W for 64.99 ft.; thence N89° 31' 10"E for 138.24 ft.; thence NO' 8' 16"E for
285.32 ft to the beginning point of a curve to the Left on the South line of South
Century Drive having a radius of 532.96 ft. from which the radius point bears S22° 22'
33"E, thence Left along said curve for an arc length of 78.15 ft., said curve having a
chord bearing of S630 25'24"W for 78.08 ft.; thence N31 ° 25'40"W for 10.00 ft.;
thence to the beginning point of a curve to the Left having a radius of 542.96 ft. from
which the radius point bears S31 ° 15'50"E, thence Left along said curve for an arc
length of 50.04 ft., said curve having a chord bearing of S560 5'46"W for 50.02 ft.;
thence S530 27'22"W for 144.38 ft.; thence to the beginning point of a curve to the
Right having a radius of 602.96 ft. from which the radius point bears N36° 37' 51"W,
thence Right along said curve for an arc length of 161.91 ft., said curve having a chord
bearing of S61 ° 3'44"W for 161.43 ft.; thence to the beginning point of a curve to the
Right having a radius of 795.13 ft. from which the radius point bears N21 ° 4' 53"W,
thence Right along said curve for an arc length of 139.57 ft., said curve having a chord
bearing of S730 56'50"W for 139.39 ft.; thence SOO 52'W for 33.14 ft., to the True Point
of Beginnings.
AND ALSO INCLUDING
Lot 1, Block 3, Plat of Lazy River West
SUBJECT TO the reservation of a utilities easement in and upon all of the property; for
the purposes of continuing, constructing, installing, maintaining, repairing,
reconstructing, replacing, enlarging and altering; wires, poles, pipes, lines, structures,
casings supports, equipment, facilities and appurtenances; at the present and in the
future; necessary or convenient; to Deschutes County, a political subdivision of the
State of Oregon, its agents, licensees and permittees; forever.
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