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
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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
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' 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
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Located In
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v for road vacation request: -e, N~ a) el -tj
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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
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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
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Exhibit «A., Y_ ' rW/ry
Page 3 of 8
P. ~ F
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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:
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Located in _l~~~t~ ~ / tad ►n~~q~ Deschutes Courdy.
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for road vacation request: -e K
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DATED this day of 20 ! f
NAME ADDRESS CITY ST ~F ZI
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A~ OF OREGON )
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day of . In the year 20L,,_S, before me, a Notary public, personally
rZvok-c r'1 T [ parsvrtalty known to
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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
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VOTAaR`, PUBLIC-OREGON Ibly Commission mq*es: f b- )cu I
N0,391266
MYCOMMIScInF; APRIL 6, 2009
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Road vacation Summary - Page 4
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County of i1t'~c iS )
On this lrjN day ofy
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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 )
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County of
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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
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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~
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( t2it2d ~C~ Desch
Located in
t for road vacation request:
Iti LL CS i r"1 G
County.
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Se S
DATED this 2~day of i , 20_LS .
~2~ - lh Gt I ~ i ~ t
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NAME
STATE OF GREGON -76565,s
ss.
~ounty of 1'Y7,c-77f~jpry~- -i )
ADDRESS CITY STATE ZIP
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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
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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
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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
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DATED this day of
20Ls-,~
NAME ADDRESS CITY
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OF OREGON )
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il , Personally known to
Wooed to rtie on the basis or ~tistactory evidence) to be the
whose name(s) ls(are)
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ed to this instrument and acknowledged that he (she. they) executed
ft
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.
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
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NOTARY PUBLIC - OREGON
COMMISSION NO. 359122
MY COMM
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ISSION EXPIRES JUNE 30. 2006
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Road Vacation Summary - Page 4
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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
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Road Vacation Summary - Page 3
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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
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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
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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.