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2006-554-Order No. 2006-084 Recorded 6/6/2006COUNTY NANCYUBLANKENSHIP,PCOUNTY CLERKS vu 2006-551 COMMISSIONERS' JOURNAL 06/06/2006 04'35'53 PM REV WED LEGAL COUNSEL IN2006,IIII NNINIII~II~I 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 G.W. Horner Road located in Township 16 South, Range 12 EastjW.M. in Deschutes County , Oregon, setting a date for a public hearing, ;and providing for public notice of said hearing. ORDER NO. 2006-084 WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the vacation by Resolution Number 2006-045 dated on May 31, 2006; 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 G.W. Horner Road, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted and hereby approved. Section 2. That on Wednesday, July 12, 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. 2006-084 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 '2006. BOARD OF COUNTY COMMISSIONERS OF DESCHUTE~S COUNTY, OREGON D R. LUKE, ATTEST: Recording Secretary Chair NO, Vice-Chair MICHAEL M. DALY, Commissioner Page 2 of 2 - Order No. 2006-084 Exhibit "A" Page 1 of 3 AV A", 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: May 24, 2006 SUBJECT: Vacation of a portion of the G.W. Horner Road This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of- way. Back round: The following property owners petitioned the Road Department to vacate a portion of the G.W. Horner Road that is located on their respective properties (see attached vicinity map): 1. J.M. and Carol Nelson: tax lot 161226D000104 2. Jack and Adelheid Holt: tax lot 161226A000300 3. Randall and Christina Reid: tax lot 161226A000400 and tax lot 1612000012300 The G.W. Horner Road was established on May 15, 1908 by the Crook County Court per the order recorded in Crook County Commissioners Journal 4 Page 234. This right-of-way has never been developed for public use and will never be needed for public transportation. Vacation of this right-of-way will clear up title and allow them to better utilize their property. Discus-,ion 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: Arnold Irrigation: No Response Avion Water: No Response Cascade Gas: No Response Central Electric: No Response COI Irrigation: No Response Pacific Power: No Response Quality Services Performed with Pride Exhibit "A" Page 2 of 3 PGT: No Response Qwest Corporation: No Response Deschutes County Community Development Department: No Response County Legal Counsel: No Response Bureau of Land Management: 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 signatures of either owners of 60 percent of the land abutting the property proposed to be vacated or 60 percent of the owners of land abutting the property proposed to be vacated; and 2. A utility easement does not have to be retained. 3. The vacation allows the applicants to better utilize their property and clears up the title to 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. The Road Department recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2006-085 subject to the following conditions: 1. The vacated property shall vest in the rightful owner holding title according to law 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. Horner G. W. Vacation / Exhibit "A" Page 3of3 N Q 2Io U I U Al~ I CO 161226A000401 1612000012201 ,Q V'rJ/ East Line of SW 1/4, NW 1/4 Q~ 161226A000400 Section 25 x 161226A000300 -lA 1226D0001 `v 1612000012300 , T r,9 161226D000100 18 S,h 161226D000104 i / S1re tJ MORRILL RD~ n O O ~ Locator Map 0 200 400 600 800 Feet 4 U) W H r 2 May 1, 2006 -P Deschutes County Road Department c..ama BY John Anderson, GIS Specialist LLLL f } Phone (541) 322-7102 LLLLLI[~~. Email.johna@co.deschutes.or.us Address: G 1 150 SE 27th St Bend, OR 97702 Legend = Taxlots 1- Railroad Portion to Vacate 1 I Section Lines 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, includng the warranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated. Exhibit "B" Vacation of a Portion of the 1908 G. W. Horner Road A portion of the 1908 G. W. Horner Road as established on May 14, 1908 in Crook County Commissioner's Journal 4 Page 234 lying within the NW 1/4 of Section 25 and the East 1/2 of Section 26, Township 16 South, Range 12 East, W.M., Deschutes County, Oregon and being more particularly described as follows: That portion of said 1908 G. W. Horner Road lying west of the east line of the SW 1 /4 NW 1 /4 of said Section 25 and northerly and easterly of the northerly right-of-way line of Shasta Street (now known as Morrill Road) as shown on the 1918 "Vacation Plat and Replat of Centralo" as filed in the Deschutes County Surveyor's Office as survey CS06351. REGISTERE® PROFESSIONAL .AND SURVEYOR U( 1_ F JULY ?s,, I C.-I9 MUKC ',U L J. BERRY 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 JULY 12, 2006, AT 10:00 A.M. IN THE DESCHUTES COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, DESCHUTES COUNTY SERVICES CENTER, 1300 NW WALL, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD. REQU RTGAGEE. LIEN CHAPTER 215 In response to a petition by landowners, Deschutes County initiated the vacation of a portion of the G.W. Horner Road located in Township 16 South, Range 12 East W.M. 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 DENNIS R. LUKE, Chair PUBLISHED: Bulletin - June 29 2006 and July 2, 2006 POSTED: June 29, 2006 MAILED: June 12, 2006