2005-1400-Order No. 2005-141 Recorded 12/13/20054 REV
EGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
111111[ I 111111111111111 I I III
CLERKDS CJ SHOO
RECOR 2100
12/13/2005 03;22;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 a portion of the A. W. Willard
Road, Deschutes County, Oregon, setting
a date for a public hearing, and providing
for public notice of said hearing.
ORDER NO. 2005-141
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, initiated the vacation by Resolution Number 2005-138 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 a portion of the A. W. Willard Road, Exhibit "A", attached
hereto and by this reference incorporated herein, is hereby accepted and hereby
approved.
Section 2. That on Wednesday, January 25, 2006, Deschutes County
Services Center, 1300 NW Wall Street, Bend, Oregon 97701, at the 10:00 a.m.
Board meeting, 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. 2005-141
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 a Qw-be '2005.
ATTEST:
f yd~
Recording Secretary
COMMISSIONER
Page 2 of 2 - Order No. 2005-141
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
~JTES c0
0 ~~C
TO
FROM
Engineer's Report
Board of County Commissioners
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
George Kolb, County Engineer, Deschutes County Road Department
DATE: December 7, 2005
SUBJECT: Vacation of a portion of Willard Road
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 Central Oregon Irrigation District (COID) and Henry and
Nan Lewis to vacate a portion of the 1914 Willard Road right-of-way located near Alfalfa (see Exhibit 61"
for map). The reason for the vacation is that the existing paved portion of Willard Road is located south and
completely outside of the original right-of-way that was established in 1914. What this created is a strip of
land owned by COID between the 1914 right-of-way and the actual paved surface of Willard Road that in
effect prevents Henry Lewis from accessing the pavement without having to cross COID property. This
vacation is the first step towards resolving this problem. The steps are as follows:
1. Vacation of a portion of the 1914 Willard Road right-of-way lying outside of a line drawn parallel to
cmd 30 feet from the centerline of the existing pavement of Willard Road.
2. Dedication of right-of-way by COID of any of their property lying 30 feet either side of the
centerline of the existing pavement of Willard Road. This 30 feet will eventually overlap with the
1914 dedication and will create a new 60 foot right-of-way located on the centerline of the existing
pavement. The dedication will be accepted by the Board of County Commissioners on the same day
the public hearing is held on the vacation providing there is no opposition to the vacation.
3. i~ lot line adjustment will be necessary between Henry Lewis and COID as a result of a portion of
the vacated 1914 right-of-way will vest with COID and will need to be transferred to Henry Lewis to
prevent his property from being landlocked from Willard Road.
I have attached as Exhibit "2", four 11 x 17 drawings showing what is being vacated, dedicated and lot line
adjusted.
This process was presented to the COID Board of Directors on November 9, 2004 and they approved a
motion at that meeting to proceed with the vacation/dedication/lot line process required to clear up the
problem.
Exhibit °A"
Page 1 of 3
Quality Services Performed with Pride
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: "This is -in CEC service territory." 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 facilities on south side of Willard Road.
Vacation appears to be on north side so we would have no objection" Florence M. Mott, Manager, right-of-
way, Oregon.
Deschutes County Community Development: Response dated 11/23/05, "The proposed vacation of
Willard Road appears to have no affect on prior land use decisions. A recently approved two-parcel partition
involving tax lot 17-14-26, tax lots 400 and 402 (MP-04-21/PP 2005-49) required a 30 foot road dedication.
However, the proposed vacation of Willard Road does not appear to affect this required road dedication. The
other affected tax maps shown on the road vacation map do not have prior land use decisions that would
conflict with the vacation of the portion of Willard Road identified on the map. Note: the road vacation map
does not appear to identify tax lot 17-14-26-401, a small sliver-shaped 0.6 acre parcel owned by Central
Oregon Irrigation District." Cathy White, Associate Planner.
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 established for road purposes in Crook County on 1/10/1914
2. There: is no need to retain a utility easement.
3. This 'vacation is one step in the process to clear up access issues between Henry Lewis and COID and
also establishes the right-of-way along the centerline of the existing road which is where is would be if
the County did a legalization of this road.
Exhibit "A"
Page 2 of 3
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.
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. 2006-002
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).
Exhibit "A"
Page 3 of 3
Vacatir of a portion of Willar -)Rd
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-HORSELL RD
i Location of Vacation
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Legend
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County Roads
by Classification
Exhibit "1"
Forest Highway
-
2005
Printed: November 4
-Rural Arterial
Rural Collecloa
Page 1 of 1
,
- Rural Local
The information an this map was derived from digital databases on
'
Deschutes County Road Department
S
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Hi
Deschutes County
s G.I.S. Care was taken in the creation of this
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ary
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map, but it is provided "es is". Deschutes County cannot accept any
t , ...n
a,
Urban Arterial
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responsibility for ertors, omissions, or positional accuracy in the digital
1 John Mderson. GIs Specialist
- urban C lleda,
data or the underlying records. There are no warranties, express or
i
LCOL Iry_,~ Phone: 154 1) 322-7102
orus
des!hute:
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implied,
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articular accompanying this product. However, notification
p purpose,
Address 611505E 27th
2
~ Bend, OR 57702
Tartlets
of any errors will be appreciated.
P: 1ArcGIS_Projects\Road Department\Willard Rd
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EXHIBIT "B"
PAGE 1 OF 3
ROAD VACATION
A.W. WILLARD ROAD
That portion of A.W. Willard Road as established 1-10-1914, recorded in Crook County
Commissioner's Journal Volume 5, page 191, located in the Southeast one-quarter of the
Southwest one-quarter of Section 23 and in the Northeast one-quarter of the Northwest
one-quarter of Section 26, Township 17 South, Range 14 East, of the Willamette
Meridian, in Deschutes County, Oregon, being more particularly described as follows:
Beginning at the one-quarter corner common to Sections 23 and 26, thence
South 00°14'01" East 16.09 feet; thence North 87°15'12" West 255.93
feet; thence 12.44 feet along the arc of a 970.00 foot radius curve right, the
chord of which bears North 86°53'09" West 12.44 feet; thence North
86°31'06" West 456.36 feet; thence North 00°20'44" West 25.20 feet;
thence South 87°38'45" East 724.28 feet; thence South 00°00'34" West
20.02 feet to the point of beginning.
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EXHIBIT
"B"
D
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PAGE 2 OF 3
Legend
County Roads
by Classification
F.-1 H,gt,way
Rural Anenal
Rural coil-.
Rural Local
Secontlary Highway
Urban Anenal
Urban collector
- Urban Local
canals
Tazlols
Vacatir i of a portion of Willar ' Rd
0
2,000 4,000 6,000
to Feet
8,000
EXHIBIT "B"
PAGF 3 OF 3
The information on this map was derived from dgital 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 cigital
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.
Printed: November 4, 2005
Deschutes County Roid Deprirtment
I L'
John Anderson, GIS Specialist
(11 ~I~i~l' _,~y Phone (`411%22-710_'
I~I~i~i-1 Ea,1 Ern iunn~c<o oeschutes or m
Adtlr?s: f;l I M H 271h ;t
4 fiend, OR 97702
P:WrcGIS_Projects\Road Department\Willard Rd
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 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED T1
THE PURCHASER.
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of the A. W. Willard Road in the Alfalfa area, in Deschutes County, Oregon 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
PUBLI,;HED: Bulletin - January 5 and 15, 2006
Spokesman - January 4 and January 11, 2006
POSTED: January 5, 2006
MAILED: December 26, 2005