2005-1399-Order No. 2005-140 Recorded 12/13/2005REVI ED_
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LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
I
,Ell 111 II 1111111111
CLERKRECORDS CJ 2001.1100
1111311005 03;11;18 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the
County Road Official's Report on the
vacation of "E" Avenue between 2nd
Street and 3~d Street located in
Terrebonne, Deschutes County, Oregon,
setting a date for a public hearing, and
providing for public notice of said hearing.
ORDER NO. 2005-140
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2005-137 dated on December 14, 2005; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes
County, Oregon, the County Road Official has submitted a report on the proposed vacation
pursuant to ORS 368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road
known as "E" Avenue between 2nd Street and 3rd Street, Exhibit "A", attached hereto and by
this reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, January 25, 2006, at 10:00 a.m. at the Deschutes
County Commissioner's Hearings Room, Deschutes County Services Center, 1300 NW Wall
Street, Bend, Oregon 97701, the Board will hold a hearing to determine whether vacation of
the subject property, described in Exhibit "B", attached hereto and by this reference
incorporated herein, is in the public interest.
PAGE 1 OF 2- ORDER No. 2005-140
Section 3. Notice of said hearing shall be provided by posting and publication in a
form that substantially conforms with Exhibit "C", attached hereto and by this reference
incorporated herein, pursuant to ORS 368.346(3) and 368.401 to 368.426.
DATED this day of , 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
mionA21- M` QO)zY, VICF,/CHAIR
ATTEST:
IS R. LUKE, COMMISSIONER
Recording Secretary
PACE 2 of 2- ORDER No. 2005-140
TO:
FROM:
DATE:
SUBJECT
%T'ES
Engineer's Report
Board of County Commissioners
Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 3BB-2719
George Kolb, County Engineer, Deschutes County Road Department
December 7, 2005
Vacation of a portion of E Avenue between 2"d Street and 3`d Street (Terrebonne)
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-
of-way.
Discussion:
Deschutes County received a petition signed by Eddie and Gerry Soto, Timothy Hitson and Tim and Peggy
Krost to have the portion of E Avenue between 2"d Street and 3`d Street vacated (see Exhibit "I" for map).
The Soto's own the two lots on the north side of E Avenue and Timothy Hitson and Tim and Peggy Krost
each own a lot on the south side of E Avenue. The main reason for the vacation is vandalism of the property
that is occurring from people driving on the right-of-way for E Avenue located on the top of the rim. The
original request of the property owners was to vacate all of E Avenue between 2"d Street and 4th Street but
during the site visit and subsequent discussion with the Terrebonne Water Company, it was decided to vacate
only the portion of E Avenue between 2"d Street and 3rd Street and then the property owners would apply for
a gate permit to limit vehicular traffic on the portion of E Avenue between 3`d Street and 4th Street. In review
of the applicable gate permit criteria, this situation would qualify for a gate and in doing so, we would not be
vacating a right-of-way that may be needed for future utility installation. Discussion with Terrebonne Water
Company verified that they would be in agreement with the vacation of the 30 foot portion but wanted to
retain the 60 foot right-of-way.
This portion of E Avenue is only 30 feet wide as a result of a vacation done in 1998. The 30 foot remnant
was left out of the original vacation because this portion of E Ave. is shown on Map D3, Planned Pedestrian
Improvements of the Terrebonne Rural Community Amendment of the Deschutes County Comprehensive
Plan as a proposed pedestrian trail. In looking at this area during the site visit with Steve .Jorgensen,
Deschutes County's Senior Transportation Planner, it was agreed that as a result of the steepness of the
terrain, it is very unlikely that a trail would ever be built in this location and Steve did not have a problem
with the vacation. Because it is shown on the Deschutes County Comprehensive Plan, the Planning
Department will have to do a plan amendment to show the removal of this portion of the plan. This vacation
will be contingent upon the completion of the plan amendment by them. The Board will approve the
vacation but signature of the Order vacating the road will be contingent on the completion of the plan
amendment.
Quality Services Performed with Pride
Exhibit °A"
Page 1 of 3
The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and
agencies. Their responses are as follows:
Cascade Natural Gas: No response
Central Electric Co-op: No response.
COI Irrigation: "No comment"
Pacific Power and Light: Response received 11/18/05: "Pacific Power has no issues." Robert G. Coates,
Operations Manager, 328 NE Webster, Bend, Oregon 97701
Pacific Gas and Transmission: No response
Qwest Communications: Response dated 11/23/05, "Qwest has no facilities in this location. No objection
to vacation" Florence M. Mott, Manager, right-of-way, Oregon.
Terrebonne Water Company: No written response but I talked several times with Doug McLaughlin
concerning this vacation and he is not opposed to it.
Redmond Fire Department: No response.
Deschutes County Community Development: No response
Deschutes 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 right-of-way proposed for vacation was dedicated for road purposes on the official plat of Hillman
recorded and filed in Cabinet A, Page 77 of the plat records in the office of the County Clerk, Deschutes
County, Oregon
2. There is no need to retain a utility easement.
3. The petitioners wish to consolidate 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. This property
is not needed for public purposes and will not be needed in the future.
Exhibit "A"
Page 2 of 3
The Road Department recommends that the Board review the attached material and make their decision on
whether to approve the vacation of this public right-of-way as described in the attached Order No. 2006-001
subject to the following conditions:
1. No opposition to the vacation is reported to the County prior to or during the public hearing.
2. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS
368.366 (1)(c).
3. Signature of Order No. 2006-001 will not occur until completion of the plan amendment by the
County Planning Department.
Exhibit "A"
Page 3 of 3
Vacation of CA portion of "E" Ave in zrrebonne
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Exhibit "1"
Page 1 of 1
Printed: November 4, 2005
Legend
The information on this map was derived from digital databases on
Deschutes County Road Department
Deschutes County's G.I.S. Care was taken in the creation of this
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John Anderson. GIS Sc-~~I
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data or the underlying records. There are no warranties, express or
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P:\ArcGIS_Projects\Vacations\E Ave
POVEY C SSOCIATES-LAND SURVEYG..o
\ i REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1652 and 2039
PARTNERSHIP I.D. #93-0738184
P.O. BOX 131 -OFFICE 338 S.W. 7th - REDMOND, OREGON 97756 - (541) 548-6778
Fax(541)548-0478
Description
DONIEL SOTO
Townsite of Hillman
located in NW1/4 SW1/4 of Section 16, T.14S., R.13E., W.M.
E AVENUE VACATION
Description of the vacation of a 30-foot wide parcel of land
adjacent to an existing roadway vacation by County Ordinance
No. 1998-85, situate in that portion of "E Avenue" lying
between the East line of 2nd Street and the East line of 3rd
Street, Townsite of Hillman (Terrebonne, Oregon), a
subdivision of the Northwest Quarter of the Southwest
Quarter (NW1/4 SW1/4) of Section 16, Township 14 South,
Range 13 East of the Willamette Meridian, Deschutes County,
Oregon, more particularly described as follows:
Commencing at the SW corner of Block 24, Townsite of
Hillman, the Initial Point;
thence South along the East line of 112nd Street" - 15 feet
to the true POINT OF BEGINNING;
thence East along the South line of the North 15 feet of "E
Avenue" - 230 feet to the centerline of 113rd Street";
thence East along the South line of the North 15 feet of "E
Avenue" - 30 feet to the East line of 113rd Street";
thence South along the East line of 113nd Street" - 30 feet;
thence West along the North line of the South 15 feet of "E
Avenue" - 30 feet to the centerline of 113rd Street";
thence West along the North line of the South 15 feet of 11E
Avenue" - 230 feet to the East line of 112nd Street";
thence North along the East line of 112nd Street" - 30 feet
to the true POINT OF BEGINNING.
The same containing approximately 0.18 land acres, subject
to all existing easements and rights-of-way over and across
the above described land.
REGISTERED
PROF SEONAL
CIO
PAGE 1 DESCRIPTION
OREGO&!
JULY 14,1978
ROBERT R. POVEY
9652
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EXHIBIT "B" Printed: November 4, 2005
PAI;F R OF R
Legend The information on this mapwas derived from digital databases on Deschutes County Pond Dep trtment
Deschutes County's G.I.S. Care was taken in the creation of this ~N
map, but it is provided "as is". Deschutes County cannot accept any x
Canals responsibility for errors, omissions, or r
ly positional atarety in the digital John Anderson, GIs Specialist
TaxIOtS date or the underlying records. There are no warranties, express or LLLL vnone ls4il3zz-noz
implied, including the warranty of merchantability or fitness fa a I~LLL~ I emz onna@co drm res or us
151
particular purpose, accompanying this product. However, notification Address vi d, se znn :c
of any errors will be appreciated. Bend, OR 97702
P:\ArcGIS_Projects\Vacations\E Ave
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON JANUARY 25, 2006, AT THE DESCHUTES COUNTY
SERVICES CENTER, 1300 NW WALL STREET, BEND, OREGON 97701, AT 10:00 A.M. ON
THE PROPOSED ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED
PERSONS MAY APPEAR AND BE HEARD.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 21
RES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED'
In response tp a petition by landowners, Deschutes County initiated the vacation of "E"
Avenue between 2" Street and 3rd Street located in Terrebonne, Oregon in Deschutes County be
vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of an existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street, Bend,
Oregon, (541) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
MIKE M. DALY, Vice Chair
PUBLISHED: Bulletin - January 5 and 15, 2006
Spokesman - January 4 and January 11, 2006
POSTED: January 5, 2006
MAILED: December 26, 2005