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2005-1086-Order No. 2005-076 Recorded 9/28/2005COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS ICJ ~Q{IJ'~~86 COMMISSIONERS' JOURNAL 1111111111111111111111111111111 09/28/2005 08 , 51.26 AM 2005-1084 DESCHUTES COUNTY CLERK CERTIFICATE PAGE -r V:- <-:; " i- < This page must be included if document is re-recorded. Do Not remove from original document. DESCHUTES COUNTY OFFICIAL RECORDS 2005-65;12 REVIE NANCY BLANKENSHIP, COUNTY CLERK LEGAL COUNSEL 1111111111111111111111111111111111111111111111111 NO FEE 1339200500d B41201160167 09/27/2005 03:52;33 PM D-V Cnts1 Stn=2 SUEBO This is a no fee document For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order vacating a portion of Rock Springs Road located in Bear Springs Acres Subdivision in Deschutes County, * ORDER NO. 2005-076 Oregon, WHEREAS, proceedings for vacating a portion of Rock Springs Road located in Bear Springs Acres 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. 2005-076 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, Tax Lot 1611330000802, 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 Z&~--day of '2005. BOARD OF COUNTY COMMISSIONERS OF DESCHYTES, COUNT/', OREGON TOM DEWOLF, CHA ATTEST: 6RULU: Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) NI[CF~AEL DALY, OMMISSIONER D NNIS R. LUKE,-COMMISSIONER 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. ,//A_ DATED this C,-U day of ,U '2005. 0 OFFICIAL SEAL BONNIE BAKER NOTARY PUBLIC-OREGOP COMMISSION NO. 36421 ` MY COMMISSION EXPIRES FEB. 23 2007 d NOTARY PUBLIC FOR ORE ON My Commission Expires: Z3 24~ Page 2 of 2 - ORDER NO. 2005-076 i ,.wv r►► vt+vv t,. vaucn, vo. aoaa IvePL, r"A nu, DgL3mei iv F' ' Exhibit „A» Page 1 of 8 PETn'110N FOR VACATION OF A PUBLIC ROAD ! E CF UTL:;S TO' THE DESCHUTES COUNTY BOARD OF COMMISSIONERS - - ```'-r' We. the undersigned (holding recorded interest or abutting the Proposed id varrtents oonstruced on the proposed property for vacation resPB~Y or awning bed road be vacated. psctfutty request the foliowing "ption of read to be v acatea• L SQ I ! //0 O. A -.e Located In 7" Yipx ~,t , ,t , Deschutes County. v for road vacation request: -e, N~ a) el -tj ! c ~z ice F. i DATED this . u day of NA ADDRESS CITY ST. StA~ OF OREGON D t deY Of In the 20 %S," -241Lz; _ before me, a Notary Public. Personally I P red 11^ ( rr. 5 personally known to proved tome on the basis of satisfactory ev nae) to be the Person(s) whose name(s) Is(are) ub bed to this instrument SIM acknowledged that the (she. they) exactAed it. ~N E m hand rttl My lpet seal r4ry Public for Orsigm, OFFICIAL SEAL Commission expires: 7 Z C~l~ KATHERINE I3 HEMMEN NOTARY PUBLIC-OREGON COMMISSION NO. 384045 MY COMMISSION EXPIRES SEPT. 7, 2008 Road Vacation Summary - Page 4 P/C 30Vd `9G Z~ so-I-Ond `0980 Ve6 zea z I 4 C ~ i II i y E ,j is I: t 4 h I I: `CNI CWT :AS 1N35 sill i I l iI -zuub m ui ;.uu rn Vesch, V0, Koad uepi, rnn nV# : V41JWc to , , Exhibit "A" Page 2 of 8 OF OREGON ) SS. County of ) On this day of , in tfut year 20 before roe, a Notary Public, personally appeared personally krxiwn 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 adcnowtedged that he (she, May) executed it. WITNESS my hend'and official seal Notary Public for Oregon. My Commission expires: STATE OF OREGON County of GS. ) mn this day of in the year 20 , before roe, 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 ~=t he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission esquires. STATE OF OREGON County of ) ) On this day of J n the year 2Q_, Wore Ire, a Notary Public, personally i rrrennally known to me (or proved to me on the basis of satisfactory evidence) to be the peen(s) whose name(s) is(are) subscribed to this instrument„ and acknowledged Brat he (she, they) executed it. WITNESS my han4and official seal Notary Public for Otr w_, My Commission expires. CERTIFY THAT THIS IS THE TRUE AND ME. ADDRESS TELEPHONE: -A Road Vacat►on Summary - Page B I' i f 77 ~i i i::q. G/z 30yd `SV zi so- [-env `•0990 VEo ze8 `ONI DO :A8 iN3S i --v in' ur•vv Ili vacua vo. noao'wept, py~ r D'1 ! 3iSbG,lN1 t! r Exhibit «A., Y_ ' rW/ry Page 3 of 8 P. ~ F ~J -1-0 2005 r PETITION FOR VACA7ION OF A PUBLIC ROAD TO' THE DESCHUTES COUNTY BOARD OF COMMISSIONERS , 1`-fir We. tha undersigned (holding recorded interest or abutting the pr+nposed x vements constructed an the propoGed properly for vacation res p"°~~' or owning > bed roald be vested. PIh+ request the following i 3 ription of road to be vacated: ~ ~ sa Located in _l~~~t~ ~ / tad ►n~~q~ Deschutes Courdy. , {!s f for road vacation request: -e K Gsz E a DATED this day of 20 ! f NAME ADDRESS CITY ST ~F ZI -3 S -7 c, 71cs i A~ OF OREGON ) I' ? ss. Uf~l [lt V en L(-4 v i C 5 l ND, i i ' I t ~ day of . In the year 20L,,_S, before me, a Notary public, personally rZvok-c r'1 T [ parsvrtalty known to coved tome on the basis of satisfactory evidence) to be the person(a) whose name(s) ls(are) MCI to thls instrument and acknowledged that tie (she. they) axeauted ft. Vv 6,33 harl¢ and t I seal ~GIAL ON R SCHOLZ Notary Public for Oroom . VOTAaR`, PUBLIC-OREGON Ibly Commission mq*es: f b- )cu I N0,391266 MYCOMMIScInF; APRIL 6, 2009 1J17d Road vacation Summary - Page 4 `9v: z1 5o-~-0nv `0980 re6 zee i. r •`~)NI W I I I i r t ' n 0 0 :AS 1N3S II-an t-Kf Ui;uu rn vesch, vo, Koad ve-pi, rim nV, U4I% C 1!G i t i I I 6F OREGON ) ) SS. County of i1t'~c iS ) On this lrjN day ofy appeared "t : . ~f Lx i_A -N known to me (or oroved to me on the I 1'40 ~AR.V PUBLIC-OREGON COP Wig SION N0. 391266 MY COMMISS TON EX,r'i,6~ S APRIL 6, 2009 2009 STATE OF OREGON ) ) 65. County of ) Exhibit "A° Page 4 of 8 , in the year 20_IL5 before nv, a Notary Public, personally personally asis of satisfactory evidence) to be the person(s) whose iment, and adawwledged that he (she, May) executed It. WI ESS !1nd'and I seal Notary Pu Tic far Oregon. My Commission expires: _A.V 9_: t_ (n [t dCbC1 mn this day of in the year 20__, before ma, a Notary Public, personally appeared personally known to me (or proved to me on the basis of saiisfaMry eviderxm) to be the person(s) whose name(s) is(are) subscribed to this instrument, and ackarowtadged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon, My Commission expires; STATE OF OREGON ) D bounty of On this day of , in the year 20L_, Wore ire, a Notary Public, personally aonwmred personalty known to met (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, Ow) executed it. WITNESS my hand. and officW seal Notary Public for Or*gor,<, My Commission expires: 1 CERTIFY THAT THIS IS THE TRUE AND ME, SIGNATURE ~ 76 ADDRESS TELEPHONE: Road Vacation Summery - Page S I ~I i X173 is V/Z 30vd !sv:zE 50-i-Dnv `•0980 VE8 ZE8 `ONI 0N0 A9 1N3S AY-27-2005 FR.I 01:H IM Desch Co,. Road dept, Exhibit "A" Page 5 of 8 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 vements constructed on the proposed property for vacation), respectfully request the following bed road be vacated. r? iption of road to be vacated: f h r7 J r~ o R~Gt s~ ;~~-lwf~c h~~%cu f x /mot %IOC~ -I j j ( t2it2d ~C~ Desch Located in t for road vacation request: Iti LL CS i r"1 G County. U t~j D Se S DATED this 2~day of i , 20_LS . ~2~ - lh Gt I ~ i ~ t 1 a .-k iZo t_ + D ° ~o S NAME STATE OF GREGON -76565,s ss. ~ounty of 1'Y7,c-77f~jpry~- -i ) ADDRESS CITY STATE ZIP -tx l 1 S ,F(t W, y) Loy YU? ~i S ~0 C [,t tiUc7 e,,ck &,voP CG el a iio j 4 SS CO«, ya ~lQ 0n this 2-")"'day of -r in the year 21) 6~3, before me, a Notary Public, personally appeared J;"i-lA personally known to ne (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) >ubscribed to this instrument, and acknowledged that he (she, they) executed it, WITN-Em j~fia d an-0-official seal Notary Pu . ExFs My Commission expires: Fct 2r 2~r JUAN ANTONIO MADRID, JR. Notary Public ' STATE OF TEXAS y 4 fi My comm. Exp. Feb. 15, 2009 Road Vacation Summary - Page 4 CCS Z 0 MAY-27-2005 FRI 01:00 PM Desch, oa t Exhibit "A" Page 6of8 Ewes STATE OF-6REGUN ss. County of On this Z9 ''day of _T Al , in the year 20 before me, a Notary Public, personally appeared 12pr,4,c 2`c 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. WITNE`SS my ha`n-d d~offcial seal JUAN ANTONIO MADRID, JR Notary Public tary-12ubh Vista s~~i STATE OF TEXAS Commission expires, 1z-FA;,--1 15, •ao My comm. Exp. Feb. 15, 2003 STATE OF OREGO 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 20before me, a Notary Public, personally --%earer+ personally rr 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.- _ 1 CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. 3 GNATURE ADDRESS / f yy 'TELEPHONE:JC. `r X Road Vacation Summary - Page 5 I -V 4 rbj us-vu 1 L vtfuutt, vv. rtvaa &rep&. PHA i4u, D4I3ouI Id Exhibit "A" Page 7of8 PETITION FOR VACATION OF A PUBLIC ROAD TO' THE DESCHUTl*S COUNTY WARD OF COMMISSIONERS We. the undersigned (holding recorded interest or abutting the pnA)osed i vernents constructed an the o imPerty or owning d bed road be vacated. posed properly for vacation), respwtfully n9gUe5t the following ption of road to be vacated: G iAkell ~ ° ~ ~ % S(J GCXfC~JI• ~L(. i~7/1 e / n ,C i . 1 Located in ..~y1 Deschutes County. i for road vacation request: _ ,9_-e6A4K, A?j a 4 I- Y1 r, i i DATED this day of 20Ls-,~ NAME ADDRESS CITY ST. ZI 'I r / 1 i I. f StA~f OF OREGON ) { COU0 i clay of r In the year 21 " before me, a Notary Public, persanatly f ` PP ( r. . , f y 1 il , Personally known to Wooed to rtie on the basis or ~tistactory evidence) to be the whose name(s) ls(are) b i .u ed to this instrument and acknowledged that he (she. they) executed ft i . WITNE!kS my i and I$nd official seal Notary Public for Oregon-'!; _ OFFICIAL SEAL MkY Commission e~j>fg5: SHARON A MITCHEL ; 1 i L NOTARY PUBLIC - OREGON COMMISSION NO. 359122 MY COMM I ISSION EXPIRES JUNE 30. 2006 ? Road Vacation Summary - Page 4 r V/6 3 9Vd !9v:ZE 50-i-unv `•0980 -VS6 uu !9N I 90 :A8 1N3S ~1!#Y n-aw l-Kt Ui;uu rn ueech, lio, Koad UEIp;, rnA Mh ; v91%MC i 10 , Exhibit "A" Page 8 of 8 Si OF OREGON ) as. County of On this day of I• i 4 r Jn_ the year 20 before me, a Wary Public, personally appeared V -I personalty j known to me (or proved to me on the basis cT satisfactory evidence) to be the person(s) whose j name(s) is(are) subscribed to this instrument, and aoicnowledged that he (sM, #wy) executed it. WITNESS my hs and. 1 seiat 4t L%i Notary Public for Oregon. OFFICIAL SEAL My Commission expires: = E SHARON A MITCHELL NOTARY PUBLIC - QREGON SION N0.1359122 ( MY COMMISSION EXPIRES JUNE 30. 948 Coun y i On this day of in the year 20 before me, a Notary Public, personalty appeared personally kknown to me (or proved to me on the basins of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument„ and acknowledged #W he (she, they) executed it. WITNESS my hand and of k ial seal Notary Public for Oregon. My Commission expires: STATE OF OREGON ) sg County of - ) On this day of , in the year 20L_, before Cite. a Notary Public, personally sanrv~mr~d Dersonalty rr - known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) V+ Iose name(s) is(are) subscribed to this Instrument, and acknowledged that he (she, they) executed it. WITNESS my hand. and otficiW seal Notary Public for Oregon, My Commission expires: { f CERTIFY THAT THIS IS THE TRUE AND 0R1G1L PETITIQhI CIR6yTF.i iY ME. SIGNATURE 76 ADDRESS (-G~ TELEPHONE: f / ` e I ~/Z" dJyd Road Vacation Summary - Page 3 Sig ZE 50-I.-unv !0980 VE6 ZE8 i i f ii I' 1 ~tis 1NdS `ONI SWO -rGL TO: Board of County Commissioners ENGINEER'S REPORT Road 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: September 21, 2005 SUBJECT: Vacation of a portion of Rock Springs 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: Barbara Sands, owner of tax lot 1611330000802, approached the Road Department to discuss the vacation of a portion of Rock Springs Road located along the east boundary of her property as shown on Exhibit 1. The reasoning behind the vacation was that she did not want the owners of the property to the north, Kelly Ausland and Elizabeth Smith, tax lot 1611330000801, to build a road in the right-of-way to access their property. I explained to Barbara that a vacation can not be done if it denies access to a parcel unless the owners of the parcel agree and sign the necessary forms. Barbara then worked with Kelly Ausland and they came up with a solution that involves both parties doing a lot line adjustment creating a flag lot for the Ausland property which would be located on the west boundary of the Sand's property allowing access to the cul-de-sac bulb on Rock Springs Court. This lot line adjustment, LL-05-60, has been started (see Exhibit 2) and the finalization and recording of this lot line adjustment will be required prior to signature of Order No. 2005-076. 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: Bend Cable: No Response Quality Services Performed with Pride Exhibit "B" Page 2 of 5 Cascade Gas: No Response Central Oregon Irrigation District: Response dated 8/30/05, "no comment - COID " Central Electric: No Response COI Irrigation: No Response Pacific Power: No Response Qwest Corporation: Response dated 8/30/2005 from Florence Mott, Manager, ROW-OR, Qwest has no objection to proposed vacation. " Squaw Creek Irrigation: No Response Swalley Irrigation: No Response Tumalo Irrigation: No Response Tumalo Town District: No Response Bend Fire Department: No Response Cloverdale Fire Department: No Response Deschutes County Community Development Department: "How is access/road frontage proposed to be maintained for 161133 tax lot 801. " I left a message with Paul Blikstad on 9/7/05 explained the lot line adjustment will provide frontage to a public right-of-way. County Legal Counsel: No Response Bureau of Land Management: No Response United States Forest Service: 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 Exhibit "B" Pap. 3 of 5 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. 5. The vacated property will vest entirely with tax lot 1611330000802. Recommendation; It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right-of-way 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 parcel as described in the attached Order No. 2005 - 076 subject to the following conditions: 1. The vacated property shall vest in the rightful owner holding title according to law, tax lot 1611330000802, 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 or during the public hearing. 4. Signature of Order No. 2005-076 will not occur until LL-05-60 is recorded with the Deschutes County Clerk. Portion of Rock Springs Road Vacation Exhibit "B" Page 4 of 5 Portion of Rock Springs Road to be Vacated Locator Map Y 0 z O 0 200 400 800 1,200 1,600 Feet 14 Cb August 14, 2005 Exhibit "1" Page 1 of 1 Legend = Taxlots .P Deschutes County Road Department c- d By: I John Anderson, GIS Specialist LLLL t'y~ Phone:(541)322-7102 LLLL le► Email:johnaOco.deschutes.or.us L- Address. GI 150 SE 27th St Bend, OR 97702 The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the aeation ofthis map, but it is provided "as is". Deschutes County cannot accept any responsibility for eras, 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 fibless for a particular purpose, accompanying this product. However, notification of any errors will be appreciated. txniait Page 5 of 5 m a =I U \ O O a a N U ~I V I Z p 6 W V c+ dl a 0 0 Z ° Z -0 a Q a p Z F o o J F m 6 it Z, O ~ 000N w ZWU'M Z'Z{ M O~Ooj Z a o- -z '0 oa<F~ wz _ o j mm<ma L, mmo s O _ w~"w~ a O° O J WI~~ X JZa 0: m YW 4~~J1~ a a a aJJF n°° X Y Z W J~ I W W W W J d W Z W U a aZaV O ~K K Z ZW;W Owd'W ono mWd ZZ =m Waaaa wam UZ am o~ o J s r ~ I O z ~v0 ~ N f it o' I ~ JY o rv Z a Z Li N M I a o I ~ o N w 3 0 I ZS I ~~II li I _ Z Z mJ 7Z30 O NN.. J.. I I ~gno DppO °z ~wz "od~JQ N M Z Z a Z U Z X Z OD 03 O m 2 3 0 Oamm oo=va,m~ v°i n m ~n °iN ca.~VOi°a! I / I ' I _Z Z Z < a I F- Z Vt LL' F Z 3 OJ w w O / a¢ } Q F 3 0 in cr O as I QU)= N W Z O o a'1 ~ / S °o C Q Z m CC Q at CE O 0° ow I J Q Oa^ Vl x O w 00 N K j X wa I V1 H« a j J X Z e Q ;5 'L I O o JQ mM 'd Z J = w WM U U M F- F 02 I UN J o U o I - - - - / ,96'ZZ£l 3 „LZ,S£.69 5 ,l4'l99 r ,04 ,94169 - - - - / ,O£ / --~S I I I 0 / ' o m I I / as - N a a v~ _ 0 o n z I ~ I W z eI to F- w wEm z vl m= 0 ow p~ir o ~ ^7 ma F 3 g I 041 Iwo X ww a N~ uoa I ro In= H as o20 i~ O 1100 o ~ I ~o' to xo I i m ~ N VII I VI W X I _ O I I °a ZZ I I ipN n Wm❑ ,96099 3 „54,54.69 N (13AY110) '10 SJNIadS N0Oa I I I I 7 EXHIBIT "2" EXHIBIT T" Page 1 of 1 ROCK SPRINGS ROAD ROAD VACATION A portion of Rock Springs Road as dedicated in the plat of Bear Springs Acres, filed as CS05274, in the Deschutes County Surveyor's office, Oregon, on July 19, 1979, located in the Northwest one-quarter of the Southeast one-quarter of Section 33, Township 16 South, Range 11 East, of the Willamette Meridian, in Deschutes County, Oregon, being more particularly described as follows: All that portion of Rock Springs Road lying north of a line 50 feet north of the westerly prolongation of the South line of that parcel of land described as Parcel 1 in Warranty Deed conveyed to George I. Szabo and Kimberly K. Szabo, recorded December 3, 2004, in Book 2004, page 72354.