2005-969-Order No. 2005-035 Recorded 8/2/2005DESCHUTES COUNTY OFFICIAL RECORDS CJ X005■969
ZVIM NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 08/02/2005 04:52:31 PM
OA LEGAL LouNSEL
2005-9119
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of Right of
Way of an Unnamed Street off of Cattle ORDER NO. 2005-035
Drive located in Indian Ford Ranch
Homes Subdivision, in Deschutes
County, Oregon,
WHEREAS, proceedings for vacating a portion of Right of Way of an Unnamed
Street off of Cattle Drive located in Indian Ford Ranch Homes Subdivision 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. 2005-035
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
owners of the land abutting the vacated property, as described in Exhibit "D", attached
hereto and by this reference incorporated herein.
Section 5. That a utility easement shall be reserved upon the vacated parcel for
existing utility facilities.
Section 6. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 7. 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 day of '2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
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.
DATED this day of , 2005.
NOTARY PUBLIC FOR OR G 13 ?~db
My Commission Expires:
Page 2 of 2 - ORDER NO. 2005-035
OFFICIAL SEAL
BONNIE BAKER g .
NOTARY PUBLIC OREGOP ,
COMMISSION NO. 36421.
TMYCOMMISSIO~~ xpIRES FEB. 23 2007
TOM DEWOLF, CHAIR,
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: PC) vCFj O N 6!- R~gWr !D:~ W A y LOcAT91
OSr a+ C ATTIE !7ItiV AsL_ iW T't►F- 0640 Fond
nrhF- S U b d *1 V I S ~ 0
Located in-r&A iA N ryL4 N Ne 11 ~Deschutes County.
S~bd~v~Sio,J
Reason for road vacation request: T 17 i s P O R31 O N e-~ x.19 T DT LA)A Y
WAS 0 I►2 Ai0rt► lly cssF-d Iby TO d.; A 0 M,9 AcL00 WA I U&- Co_
1 A)& iS N0 toOel ER t44-C-A 91 AY 7T1h IF,"- A CAT of Q~ ThIS P6FTi1oN 04-Th s
li.lithTef wAy W t it e4-TUaLo+ Th'S PORTS ov e4 -rhF-oujhro4 woy 'j'0 T'hF Txoeolls,
DATED this 3'D TL' day of Su o d- , 20 0Sr .
n y NAME
Ire o✓ 1~1~4✓~ i
ADDRESS
P. 6, i3k i& 16 d2J-0j7i,-aA4 S, s 6k'1
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CITY STATE ZIP
A~ 977J j
OR 9 -7
Of? L7Zffl
STATE OF OREGON )
ss.
County of~2 )
On this r=day of , in the year 20 , before me, a Notary Public, personally
appeared teL t 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.
OFFICIAL SEAL WI ESS my hand _and official seal
TRACY I POYNOR
NOTARY PUBLIC- OREGON Notary PublAc for Oreg
COMMISSION NOA382538 M Commission expires: ZCDg
#my COMMISSION EXPIRES JUL 08 2008 y
Exhibit "A"
Road Vacation Summary - Page 4 Page of 2
STATE OF O
County of
ss.
On this d of , in the year 20, before me, a Notary Public, personally
appeared personally
known to me r prov d to m on e b is of satisfactory evidence) to be the person(s) whose
n q`;Pg1 & to is in trument, and knowledg that he (she, they) executed it.
MARI9ETH MATTSON W ESS y and fficial seal
NOTARY PUSUC-OREQON
COMMISSION NO. 36W Wbtbr~ Public for regon
MY COMMISSION EXPIRES JAN. 27, 2006 7
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 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:.
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
00~P A~
SIGNATURE
P0, Qox ! 6 CO pp _ .q,
16 0.2 S C 0+T r 16 D& PU J is I cns q?7J 1
ADDRESS
TELEPHONE: Sy9 - & e 2.3
Exhibit "A"
Road Vacation Summary - Page 5 Page 2 of 2
TES &rA%AA
Road Department
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: July 26, 2005
SUBJECT: Vacation of a portion of a right-of-way located in the Indian Ford Ranch Homes Subdivision
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:
Lee Nielson, owner of tax lotl410270002900, approached the Road Department about vacating a portion
of a right-of-way that is located off of Cattle Drive in the Indian Ford Ranch Homes Subdivision. This
right-of-way was created to provide access to tax lots 1410270002800, 1410270002700 and
1410270002600 and to also provide the right-of-way necessary for the local water company, Indian
Meadow Water Company to site their water tank. Mr. Nielson stated that the water tank is abandoned and
no longer needed by the water company. He was in the process of purchasing the property where the tank
is located when they realized that the tank was sited on the public right-of-way versus private property. A
site visit on July 1, 2005 did show the tank was no longer in use and there was no evidence of other
utilities in the right-of-way to be vacated. There is a driveway access to tax lot 1410270002800 owned
by Greg Sieglitz. This access was taken into account on how the property will vest after the vacation is
complete (see Exhibit D). During the July 1 site visit, I met with Fred Ast who is doing the survey for
Mr. Nielson and he showed that the final configuration of the lots will allow Mr. Sieglitz access to his lot.
Both Mr. Neilson and Mr. Sieglitz have signed the petition and since they are the only property owners
fronting the right-of-way to be vacated, this can be a 100% vacation without a public hearing. All the
property owners that use this right-of-way will be notified by certified mail of the vacation proceedings.
EXHIBIT "B"
PAGE 1 OF 3
Quality Services Performed with Pride
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:
Cascade Natural Gas: No Response
Central Electric: No Response
Cline Butte Utilities: No Response
COI Irrigation: No Response
Indian Meadows Water District: Response from William H. Duehren, President of Indian Meadow
Water Company, "The Indian Meadow Water Company has active service lines running
to and thru the proposed land to be vacated. We, therefore, insist that the County include
a provision in it's vacation of right-of-way agreement a provision providing the Indian
Meadow Water Company a permanent easement, regardless of current or future
ownership thru the property in question, to service those lines. The current property
owner to which the property is to be vacated has agreed to permit the Indian Meadow
Water Company access, see attached letter, however we will need access regardless of
ownership. "
♦ The letter referenced by Mr. Duehren is attached to this Engineers Report as
Exhibit "I".
PacifiCorp: No Response
Qwest Communications: No Response
Squaw Creek Irrigation: No Response
Cloverdale Fire Department: No Response
City of Bend: No Response
Deschutes County Community Development Department: No Response
Deschutes County Legal Department: No Response
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road
Department makes the following findings:
EXHIBIT "B"
PAGE 2OF3
This portion of the right-of-way is no longer needed by the Indian Meadows Water District for
their water system system reservoir but is needed for maintenance of their service lines, therefore
A utility easement does have to be retained on the vacated portion of the right-of-way.
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. 2005-035 subject to the following conditions:
1. The Road Department recommends that the parcels vest as shown on Exhibit "D"
2. A utility easement does have to be retained on the vacated property
3. No opposition to the vacation is reported to the County prior to signature of Order No. 2005-065.
EXHIBIT "B"
PAGE 3OF3
D. Lee and Sharon K Nielson
16025 Cattle Dr. Rd
Sisters, OR 97759
July 3, 2005
We, the undersigned grant access to the abandoned water reservoir on Cattle
Drive Road for maintenance of water lines.
. We grant this access to the Indian Meadow Water Company and it's
designated contracters.
Signed,
D. Lee Nielson
J) M"L,-
Sharon K. Nielson
1~17~ *'~qe -X~
Exhibit "1"
Page 1 of 1
LEGAL DESCRIPTION
VACATION OF A PORTION OF RIGHT-OF-WAY
A portion of right-of-way of an unnamed street adjacent to Lot 2 and Lot 13, Block 3,
Indian Ford Ranch Homes, a subdivision of record situated in the Southwest Quarter of
Section 27, Township 14 South, Range 10 East, Willamette Meridian, Deschutes County,
Oregon; being more particularly described as follows:
Beginning at a 5/8" iron rod at the southwest corner of said Lot 2, on the northeasterly
line of said Lot 13; thence, on the boundary of said Lot 2, N 57°00'00"E, 127.70 feet to a
point; thence S 33°00'00"E, 48.78 feet to a point; thence, leaving said boundary, S
57°00'00"W, 185.37 feet to a point on the boundary of said Lot 13; thence, on said
boundary, N 22039'46"E, 69.82 feet to a 5/8" iron rod; thence N 32°56'30"W, 9.40 feet
to the point of beginning.
Containing 7365 Square Feet, more or less
EGISTEPROFESS10 T41)4 `
LAND SURVEY 9
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Exhibit "C"
Page 1 of 3
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Exhibit "C"
Page 2of3
Indian Ford Ranch Homes Vacation
Vacation of a portion of
Right-of-Way in the Indian Ford
Ranch Homes Subdivision
Locator Map
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SISTERS -
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0 200 400 800 1,200 1,600 Feet
Legend
® July 5, 2005
Exhibit "C"
Page 3of3
-p Deschutes County Road Department
Crewed
er:
r John Anderson, GIS Specialist
LLLL fr': Phone f541) 322-7 1 02
Emaii donna@co.dezcnutes.ocus
-dress GI SOO-27th St
Bend, OR X7702
Taxlots
Area to be vacated
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
P:\HrcG I S_Projects\Va cations
EXHIBIT
Legal Description
Lot 13, Block 3 Vesting of Vacated Right-of-Way
The vacated right-of-way to vest with Lot 13, Block 3 Indian Ford Ranch Homes
Deschutes County, Oregon, is described as follows:
Beginning at a 5/8" iron rod at the southwest corner of Lot 2 of said Block 3, on the
northeasterly line of said Lot 13; thence S 87°27'27"E, 83.92 feet to a 5/8" iron rod;
thence S 57°00'00"W, 125.95 feet to a 5/8" iron rod on the boundary of said Lot 13;
thence, on said boundary, N 22°39'46"E, 69.82 feet to a 5/8" iron rod; thence
N32°56'30"W, 9.40 feet to the point of beginning.
Legal Description
Lot 2, Block 3 Vesting of Vacated Right-of-Way
The vacated right-of-way to vest with Lot 2, Block 3 Indian Ford Ranch Homes
Deschutes County, Oregon, is described as follows:
Beginning at a 5/8" iron rod at the southwest corner of said Lot 2, on the northeasterly
line of Lot 13, of said Block 3; thence, on the boundary of said Lot 2, N57°00'00"E,
127.70 feet to a point; thence S33°00'00"E, 48.78 feet to a point; thence, leaving said
boundary, S57°00'00"W, 59.42 feet to a 5/8" iron road; thence N87°27'27"W, 83.92 feet
to the point of beginning.
Exhibit "D"
Page 1 of 2
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