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2007-140-Order No. 2007-015 Recorded 3/2/2007DESCHUTES NANCY COUNTY CLERKOS ICJ ~OY~'~~O COMMISSIONERS' JOURNAL 11111111 oil 03/02/2007 09:37:55 AM 2007-140 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book and Page or as Fee Number DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK 2007.17576 REVIE D 1111111111111111111111111111111 IN111111111111111 NO FEE LEGAL o~NSEL 0053217220070032s760130330 0310112007 02;58;23 PM D-V Cntsl Stn=2 JS { This is a no fee document. i For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order vacating a portion of "F" Avenue between 2nd and 3rd Streets * ORDER NO. 2007-015 located in Terrebonne in Deschutes County, Oregon, WHEREAS, proceedings for vacating a portion of "F" Avenue between 2nd and 3`d Streets located in Terrebonne 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. 2007-015 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 in the owner of the land abutting the vacated property by extension of the person's abutting property boundaries to the north boundary of the vacated property. 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 da of y , 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, CO NTY, OREGON IC AEL M. DALY HAIR ATTEST: M UKE, VIC CHAIR Recording Secretary TAM ANEY, MMISSIONER STATE OF OREGON ) )SS. County of Deschutes ) Before me, a Notary Public, personally appeared, MICHAEL M. DALY, :R. WWE-and TAMMY BANEY the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this C4 day of , 2007. N TAY UB IC FOR O GON My Commission Expires: Page 2 of 2 - ORDER NO. 2007-015 I OFFICIAL SEA ELIZABETH OjA NOTARY PUBLICOREGON MY COMMISSION COMMISSION NO 384848 EXPIRES SEPT. 16,2() 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 improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. Description of road to be vacated: Located in Deschutes County. Reason for road vacation request: X 7'~ 66 ge., 6 DATED this _,._-day of NAME STATE OF OREGON ) ss. County of le':5~tvh'5 ) 2Qo~. ADDRESS 4- ` y 4A,-L h c CITY STATE ZIP e-el z7 On this.1-w- day of in the year 20oq, before me, a Notary Public, personally appeared r LJ GJ ; S ~ `.o/ f. 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 m and and official seal Notary Public for Oregon. OFFICIAL SEAL rY BLAKE HENSLEY My Commission expires: NOTARY PUBLIC- OREGON i t*MY COMMISSION NO.372004 COMMISSION EXPIRES AUG 27 2007 Exhibit "A" Page 1 of 3 /©C"9 12,1 i Road Vacation Summary - Page 4 r r. 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 improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. Description of road to be vacated: )r~' qk,3~ 4_6 Located in _ 1~0N wk , Deschutes County. Reason for road vacation request:. r'S `(d a + Yo .1 / 2L- 4 htK L04S &.IV 4- 5fic~r-- ~ ~~rF~ r~~ ~ ~~~~r~es Cof Yoa col ~uts~1~~ ~ ~1 I,~pgssr~~ DATED this Z4 day of 20_i:V__ NAME ADDRESS CITY STATE ZIP 7SZ~ /Ul t) 0~~,„ / ~ )w Og- t 7760 STATE OF OREGON ss. County of -DtC ' -wt D On this U day of bQAp W., in the year 20U P, before me, a Notary Public, personally appeared ~l(1 (T) . -C-- Ct V Ir i `:(`t'1 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. m "dd?iiacill e OFFICIAL SEAL LESLIE M POVEY 'Notary Public for Oregon. NOTARY PUBLIC- OREGON My Commission expires: Qja~Cgufl COMMISSION NO. A389966 MYCOMMISSION EXPIRES FEB 24 2009 Exhibit "A" Page 2of3 Road Vacation Summary - Page 4 l STATE OF OREGON County of Dnchl~cs ss. On this U day of (X- nbc r , in the year 20 M before me, a Notary Public, personally appeared LD-UY L. MV YIS) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names is ar~_s s ' trument, an acknowledged that he she, they) executed it. OFFICIAL SEAL T m• hand ~an~ i S LESLIE M POVEY NOTARY PUBLIC- OREGON COMMISSION NO.A389966 Notary Public for Oregon #my COMMISSION EXPIRES FEB 24 2002 My Commission expires: ~9 q p~ STATE OF OREGON County of ss. On this day of in the year 20before 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 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: _ I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE ADDRESS TELEPHONE: Exhibit "A" Page 3 of 3 Road Vacation Summary - Page 5 ,-T ES 2A Road Department 61150 SE 27th St. • Bend, Oregon 97702 (5411 388-6581 • FAX (541) 388-2719 ENGINEER'S REPORT TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: February 13, 2007 SUBJECT: Vacation of a portion of F Ave in Terrebonne, Oregon 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: The Road Department was contacted by property owners Orlie Williams and John Harrison concerning the vacation of a portion of F Ave in Terrebonne, Oregon. Because of the rim rock, there is no possibility of a road ever being constructed in this location. Mr. Williams has a structure located within the current right-of-way and would like to vacate a portion of the right-of-way to allow his building to remain in its current location. Mr. Harrison agreed to the vacation to allow him to get more usable property since a majority of his property is located within the rim area. When the vacation was originally proposed, the parties wanted to vacate the entire 60 feet but in discussions with Terrebonne Water Company, it was discovered that there is a water line in the north half of the right-of-way so they opposed the vacation unless it was scaled down to delete the portion where they are located. The property owners and the Road Department agreed that this was a good solution and the vacation was allowed to proceed. Discussinn- 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 EXHIBIT "B" PAGE 1 OF 3 Quality Services Performed with Pride Cascade Natural Gas: No Response Central Electric Co-op: No Response Central Oregon Irrigation District: No Response Pacific Power: In the original application where the entire 60 feet was proposed to be vacated, Pacific Power requested an easement be retained for their facilities. After the vacation was revised to leave the northerly 25 feet as public right-of-way, Pacific Power did not request an easement and did not have any comments on the second utility comment submittal. PGT: No Response Qwest Communications: In the original application where the entire 60 feet was proposed to be vacated, Qwest requested an easement be retained for their facilities. After the vacation was revised to leave the northerly 25 feet as public right-of-way, Qwest did not request an easement and did not have any comments on the second utility comment submittal. Terrebonne Domestic Water District: Response from Doug McLaughlin, Manager, "The Terrebonne Domestic Water District has a pipeline in the north 25' of "F" Avenue but we have no facilities in the southern 35' portion." Redmond Fire Department: Response dated 1/10/07 from J. Meyer, "No Comments". Deschutes County Community Development Department: Response from Kevin Harrison, Principal Planner, CDD, "Looks ok to us. Topographically, this road doesn't appear to be warranted or possible." Mark Amberg, 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 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 portion of right-of-way being vacated is no longer needed for public roadway purposes 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. EXHIBIT "B" PAGE 2OF3 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. 2007-015 subject to the following conditions: 1. The vacated property shall vest according to Section 4, Order no. 2007-015 2. A utility easement does not have to be retained on the vacated property EXHIBIT "B" PAGE 3OF3 POVEY & ASSOCIATES-LAND SURVEYORS \ 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 EXHIBIT "C" Description ORLIE WILLIAMS located in the "Plat of Hillman" (Terrebonne, Oregon), a subdivision in West 1/2 of Section 16, T.14S.,R.13E.,W.M. 35-FOOT WIDE "F" AVENUE VACATION Description of a tract of land situate in the "Plat of Hillman", a subdivision located in the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) and the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 16, Township 14 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Commencing at a 1/2" rebar monumenting the Southeast corner of Lot 11, Block 1, John and Pauline Forster's Replat of Hillman, the Initial Point; thence S18o0615711E along the prolongation of the East line of said Lot 11 - 26.31 feet to the North line of the South 35 feet of "F" Avenue and to the true POINT OF BEGINNING; thence S1800615711E along the prolongation of the East line of said Lot 11 - 36.83 feet to the North line of Block 24, Plat of Hillman, from which a 1/2" rebar monumenting the Northeast corner of said Block 24 bears S89°58'29"E - 32.59 feet; thence N8905812911W along the North line of said block - approximately 167.41 feet to the NW cornerr of Lot 16 of said Block 24; thence N0000113111E normal to said North line - 35.00 feet; thence S8905812911E - approximately 155.95 feet to the POINT OF BEGINNING; The same containing approximately 0.13 land acres (5659 square feet). REGISTERED PROFESSIONAL AND SURVEYOR dv~~ ~ ~~/;1DD6 OREGON JULY 14, 1M ROBERT R. POVEY PAGE 1 DESCRIPTION G:05-3561LEGAL-35.WPS ee-1 ew-s : 1.7, /3// OG F Ave Vacation MAJESTIC ROCK DR ~O F~ O,Q Portion of F Ave to be vacated. F AVE F AVE F- U) U) F- LO F- 0 z N F A\/ E AVE 1 L Locator Map ICE AVE Location of Vacation 0 M F- U) WI COX AVE N U rn E- ODEM E 97 n 2 to 0 100 200 400 600 800 Feet Legend ® January 5, 2007 Taxlots ® Area to Vacate Deschutes County Road Department The information on this map was derived from digital databases on ~ P Deschutes County's G.I.S. Care was taken in the creation ofthis a- "d map, but it is provided as is". Deschutes County cannot accept any ay: John Anderson, GIS Specialist responsibility for eras, omissions, or positional accuracy in the digital LLLL Phone. (541) 322-7 1 02 data or the underlying records. There are no warranties, express or [IEEE i -77, Email johna@co.deschutes.or.us implied, including the warranty of merchantability or fitness for a Address: 61150 SE 27th St particular purpose, accompanying this product. However, notification Bend, OR 97702 of arty errors will be appreciated. P:\ArcGIS_Projects\VacationsT Ave PROPOSED F AVENUE VACATION FOR: ORLIE WILLIAMS SITUATE IN THE PLAT OF HILLMAN (TERREBONNE) LOCATED IN THE WEST 112 OF SECTION 16, T.14S., R.13E.,W.M. DESCHUTES COUNTY, OREGON BLK. 1, JOHN & PAUUNE FORSTER'S REPLAT OF HILLMAN TL 223 7. r, S89'58'29"E - 154,07' R~ 112R~g~R~' 58.07' aC, BC NYONF 96. o, 0 0. o, 0 z 60' BL K. 13 DESCHUTES COUNTY ROAD DEPT. DATE 0 BLK. 31 I SCALE: 1"=60' REGISTERED PROFESSIONAL LAND SURVEYOR ORE ON JULY 14, 1978 ROBERT R. POVEY U) O e CFI UA 6o R BLK. 2 oR F A VENUE AC RggPg W 32.59' 1+2. r N89'58'29" W 2 R~g~ 16 17 - 200.00' 60' TL 440 TL 401 -----------1518----------- 74 19 Iu 13 20 - LLl - BLOCK 24 TO WNSITF OF HILLMAN w w - - cj, Q cf) ® PROPOSED "F" AVENUE VACATION TO TL 400 N ® PROPOSED °F" AVENUE VACATION TO TL 401 POVEY AND ASSOC., LAND SURVEYORS \ ~ , P.O. BOX 131, REDMOND, OR 97756 (541) 548-6778 Renewal Date: 12/31/06 05-356V.DWG