2007-564-Order No. 2007-095A Recorded 5/25/2007DESCHUTES COUNTY OFFICIAL RECORDS ~J 1001■564
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 05/25/2007 08;00;00 AM
IIIIIIII IIIIIIIIIIIIIIIII III III
2007-564
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Deschutes County Clerk
Certificate Page
- C -
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
NANCY
COUNTY CLERKDS 1007 3~79B
IIIIIIII IIIII IIII I Na FEE
1111111 II 1111111
0 1111111111111
0552878200700317880100104
D-V Cntsi Stn=25 PO 06/05/1007 02:51:29 PM
ThI 18-a no fee document
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Deschutes County Clerk
Certificate Page
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j
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
or as Fee Number
and Page
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS 2007.29541
REVI , ED
11111111111111111111111111111111111111111111111 NO FEE
LEGAL OUNSEL
7
0 05022007002034100'0053 05/24/2007 02;48;57 PM
D-V Cntml Stn=3 PO
This is a no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating that portion of "A"
Avenue between 5th and 6th Streets
located in Terrebonne, in Deschutes
County, Oregon,
ORDER NO. 2007-095 A
WHEREAS, proceedings for vacating a portion of "A" Avenue between 5th and 6th
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. 2007-095
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, in accordance with ORS 368.366(1)(d).
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 ZU` day of , 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
F
MICHAEL DALY, C IR
ATTEST: /6
DEN N jkr V trt 2ECC AIR
Recording Secretary
TAMMY A Y, CO IONER
STATE OF OREGON ) OFFICIAL SEAL
)SS. BONNIE BAKER
County of Deschutes NOTARY PI NO, RECQN
COMMISSION ON QN NO, 414319
Ally COWPISSIOM EXP='RES FFF3. 23, 2e011
Before me, a Notary Public, personally appeared, MICHAEL M. DALY, DENNIS R.
LUKE 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.
W
DATED this Oeday of
2007.
(hUAX1e:_ ls_~ -
NOTARY PUBLIC FOR OREGON
My Commission Expires: Z3, ZD
Page 2 of 2 - ORDER NO. 2007-095
Exhibit "A"
Page 1 of 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: b1!+0Ze_A ra~41 g ~-k
Located in 1 I(c, C, ll , Deschutes County.
Reason for road vacation request: 0 n b;" Ij&b
DATED this ZZdayof _&ja;-;;~.., 20o
NAME ADDRESS
iVY1 t vJy~ A!-_A ptcA4y
h 2S 'l -vii Lena
t~ S ZC32
STATE OF OREGON )
County of ss.
CITY
STATE :ZIP
tC t~ 7'7ei
OIL C1'I"7fir
U 2 c'i,ITE'+
On this .:...~~ay of ~a in the ear 20 41 r~
before me, a Notary Public, personally
appearedc try y~>' e__ _ 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 se pi
EAL
HART `Notary Public for Oregon.
-OREGON My Commission expires:
. 400077
MNUARY 28, 2010 Vacation Summary - Page 4
Exhibit "A"
STATE OF OREGON Pase2of2
ss.
County of
On this day of in the year 20__, before me, a Notary Public, personally
appeared
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) personally hose
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
ss.
County of
On this day of in the year 20_, before me, a Notary Public, personally
appeared
known to me (or proved to me on the basis of satisfactory evidence) to be the perpersonally
son(s) hose
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
ss.
County of
On this day of in the year 20 before me, a Notary Public, personally
appeared
known to me (or proved to me on the basis of satisfactory evidence) to be the perpersonally
son(s) hose
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 ORIGIN =TITION CIRCULATED BY ME.
SIGNATURE
03 1l')Gj
ADDRESS
TELEPHONE: ~~i `1
Road Vacation Summary - Page 5
_lCC-1
ENGINEER'S REPORT
TO: Board of County Commissioners
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: May 1, 2007
SUBJECT: Vacation of a portion of A Ave between 5th and Oh Streets 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.
Back round:
The Road Department was contacted by property owners Tim Brown and Rob Jackson concerning the
vacation of a portion of A Ave in Terrebonne, Oregon. Because of the steep grade of the existing ground,
there is no possibility of a road ever being constructed in this location. Since there is no possibility of
constructing a road in this area, the applicants would like to vacate the right-of-way to allow them better
utilize their property.
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:
Cascade Natural Gas: No Response
Central Electric Co-op: No Response
Central Oregon Irrigation District: No Response
Quality Services Performed with Pride
Exhibit "B"
Page 2 of 3
Pacific Power: No Response
PGT: No Response
Qwest Communications: No Response
Terrebonne Domestic Water District: Response from Doug McLaughlin, Manager, "The Terrebonne
Domestic Water District has an 8 " water main in the section of "A " Avenue proposed to be vacated. Any
vacation of this street would need to insure protection for this pipeline and related facilities, a pressure
reducing vault, air release valve w/manhole and related valves. We need access to these facilities for
routine maintenance. Any grade changes along pipeline would be unacceptable. The facilities are in the
south half of the right-of-way, running east to west. "
The applicants worked with the water district to provide an easement. The Road Department then
received the following correspondence from the District:
"The Terrebonne Domestic Water District has been asked by Tim Brown to sign off on a street vacation
on "A" Avenue between 5th and 6th Streets in Terrebonne. The District has been advised by your
department that the grade in this location is too steep to construct a street. Therefore the Water District
has agreed to this vacation and will accept an easement ten feet in width centered over the existing water
main running east-west in "A " Avenue. A copy of the easement agreement is attached. "
Redmond Fire Department: Response dated 3/12/07 from J. Meyer, "No Comments".
Deschutes County Community Development Department: Response from Kevin Harrison, Principal
Planner, CDD, "I'm assuming that topographically a connection here won't work. Otherwise 1 don't see
a need to essentially give it to these property owners Based on a site trip, the grade is too steep to allow
the installation of a road.
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:
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 will be granted to Terrebonne Water District by the applicants after the
vacation is signed and recorded.
4. The vacation will allow the applicants to better utilize their property.
Exhibit "B"
Page 3of3
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. 2007-095 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2007-095
2. No opposition to this vacation is received by the Road Department or Board of County
Commissioners prior to signature of Order No. 2007-095.
EXHIBIT "C"
Page 1 of 1
Portion of "A" Avenue as shown on the official plat of "Hillman" in Deschutes County,
Oregon, recorded and filed in Cabinet A, Page 77 of the plat records of Deschutes County
Clerk, and being more particularly described as follows:
"A" Avenue
That portion of "A" Avenue lying east of the east right of way line of 5th Street
and west of the west right of way line of 6th Street.
"A" Ave Vacation
B AVE
~-n
T
0 150 300 600 900 1,200 Feet
Vacation of a portion
of "A" Avenue
b AV E
A AVE
Locator Map
® February 27, 2007
CA
Legend
0 Taxiots
.P Deschutes County Road Department
c-«a
ey:
John Anderson, GIS Specialist
LL LL Phone (541) 322-7102
LLL❑ ® Email:johna@co.deschutes.or.us
Address: 61 150 SE 27th St
Bend, .1 111112
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 ie. 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, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
P: W rcGIS_Projects\Vacations