2007-1515-Order No. 2007-147 Recorded 9/20/2007NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS Vu 200701515
COMMISSIONERS' JOURNAL 0912012007 09:22:44 AM
1111111111111111111111111111111
2007-1515
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
or as Fee Number
and Page ,
DESCHUTES COUNTY OFFICIAL RECORDS ~0~2~~ni16
REVIE D NANCY BLANKENSHIP, COUNTY CLERK V
L GAL COUNSEL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII) NO FEE
00573241200700501760130112
09/17/2007 09;32;58 AM
D-V Cnt=3 Stn_25 CLERK
This is a no fee document
For Kecoraing Stamp uniy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of the A.J.
Warrin Road located in Deschutes
County, Oregon,
ORDER NO. 2007-147
WHEREAS, proceedings for vacating a portion of the A.J. Warrin Road located 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. 2007-147
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 _J~Z? day of ~4~ 6~ , 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
M
ATTEST:
Recording Secretary
IR
DENNIS R. LUKE, VICE CHAIR
T, /Tv.I I /J/V-.)
TAMMY BAN"EY, COM (Ol ISSIONER
STATE OF OREGON )
)SS.
County of Deschutes )
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.
DATED this J day of
1
9mb OFFICIAL SEA
BONNIE BAKE
NOTARY PUBLIC-ORN
COMMISSION NO.49
COMMISSION EXPIRES FEB. 23:2 1
2007.
NOTARY PUBLIC FOR OREG N
My Commission Expires: z3 w
Page 2 of 2 - ORDER NO. 2007-147
TES
p VAh% 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: September 5, 2007
SUBJECT: Vacation of a portion of A.J. Warrin Road
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:
John McClean, McClean Development, Inc. through the Measure 37 process, applied for a 40 lot subdivision
(TP-06-971) located off of Coyner Avenue between Helmholtz Way and Northwest Way (see attached vicinity
map). During the subdivision review period, it was found that a portion of the A.J. Warrin Road, established in
1879, is located on their property. This application went before the Hearings Officer and one of the conditions
of approval (no. 22) stated, "The segment of A.J. Warrin Road located within the boundaries of the proposed
subdivision shall be vacated prior to final subdivision plat approval". Vacation of this right-of-way will satisfy
this condition.
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:
Bend Broadband: Response dated 8/28/07 from Mark Kaupp, Senior Designer, "Thank you for the
information regarding the property and easement vacation needed on your project in Redmond.
This letter should be sufficient to release any interest in the use of the easement referred to in
your letter and attached map. Bendcable Communications, LLC has no interest in maintaining
any need for service along this subject right-of-way now or in the future. "
Cascade Natural Gas: "No gas utilities in area"
Central Electric: No Response Quality Services Performed with Pride
COI Irrigation: No Response
Pacific Power: No Response
PGT: No Response
Qwest Communications: No Response
Deschutes County Community Development Department: Response by Paul Blikstad, Senior Planner,
"Makes total sense to me. "
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. A utility easement does not have to be retained.
3. The vacation allows the applicants to satisfy condition of approval No. 22 for TP-06-971.
4. This vacation does not affect any right-of-way dedicated as part of land use action TP-06-971
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 owner to fulfill the conditions of approval for the subdivision
application. The Road Department recommends that the Board approve the vacation of the parcels as described
in the attached Order No. 2007-147 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
Huu-lo-euut inu ul -lui rn vescn. vo. Koaa vepi. rnn ire. U41J000I1-7 , , vc
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- 110.. elf J. W &c=
2 19 Located in /JLI-- Q19 Deschutes County.
Reason for road vacation request: Ce,dej v J ,-L- 12
DATED this 114day of Ao&-y-- , 200 .
NAME
STATE OF OREGON )
ss.
County of bC-s cHwTE s_ )
ADDRESS CITY STATE ZIP
va-
d' 97~46b
2G%&0 ►L ~ ~ ~ or2. -7 "77cJ ~
On this 11 day of in the year 20 o°?, before me, a Notary Public, personally
appeared CaA(LceL A 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 hnNEiS y) exe cuted it.
W y hand and official seal
OFF I sEAI
S CRATTY o for Oregon.
NOTARY PUBLIC - OREGON ommis ion expires:. I ► r3 t / /
COMMISSION NO. 410506
My COMMISSION EXPIRES NOV 21; 2010
Road Vacation Summary - Page 4
HUU- IO-eUUI IHU U1;U4 ril Uesch, Uo, Koad Uept, rHA AV. D41J00cI10 r, U0
STATE OF OREGON )
County of bcs&LL ss.
t e- )
On this 1' day of , in the year 20Q, before me, a Notary Public, personally
appeared 't rn personally
known to me (or prove to me on h basis of satisfactory evidence) to be the person(s) whose
name(s) is(are) subscribed to this instrument, and wledged that he (she, they) executed it.
OFFICIAL9EAL NE my h .a Icial seaLOIRISSA G KISMAN tlS-Mq~
NOTARY-PUBLIC-OREGON Notary Public for Oregon.
COMMISSION NO. 410261 My Commission expires: I b d
MY COMMISSION EXPIRES OCT. 1, 2010
STATE OF OREGON )
County of SS.
)
On this day of , in the year 20 , before 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 20T, before 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 seat
Notary Public for Oregon.
My Commission expires:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Road Vacation Summary - Page 6
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: Z?rl 4,7, waigaz , d 0 4--~'
Located in ~lr '~vz, s/ -n 14~,, Deschutes County.
Reason for road vacation request: C;P,4 o, T o J fl, ~ylr
D&~'C'44/?r Cici>.tT'1 L~llJhT h f`/~IGLYc~ T~-Cfi*'•V,71
DATED this day of
, 20
NAME
®
ADDRESS
(
~3
n
CITY
STATE ZIP
~9l s.,
J
f
A) 1,0 i
G r~
c.'
„^c~
~2 I '1 -
o~~~o~.NS,~
r- 3to Nth c~oY~,7~
e►a.jd-
OIL
Le.oN of
P3?~ AIAJ C,OWK 90
2 Dn b
a, Er /er./ mss-..
c~-alo S new toxNFrt ~o
_n4~~,.a~ro
g
STATE OF OREGON )
ss
County of .
On this I5t day of , in the year 20~ before me, a Notary Public, personally
appeared M d_ O~Lzhflj personally known to
me (or proved to me on the basis of satisfactory evide ) t
e to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged tha h (she, they) executed it.
ESS m had ' ial seal
OFFICIAL SEAL
LORI D WELSH Not Public or Oregon.
NOTARY PUBLIC-OREGON My Commission expires: COMMISSION NO. 396175 y
MY COMMISSION EXPIRES SEPT. 28, 2009
Road Vacation Summary- Page 4
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: Aole n 'l ,r
Located in.Jt k A19 Deschutes County.
Reason for road vacation request:
-
DATED this day of , 20
NAME ADDRESS CITY STATE ZIP
STATE OF OREGON
County of
ss.
On this day of , in the year 20 , before 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:.
Road Vacation Summary - Page 4
STATE OF OREGON
ss.
County of `pe.L7 IE-5) )
On this IG► day f , in the year 20 I, before me, a Notary Public, personally
appeared personally
known to me (or proved to me on the basis of satisfactory evidence) v e the person(s) whose
name(s) is(are) subscribed to this instrument, and acknowledged tha e (she, they) executed it.
OFFICIAL SEAL ESS m nd ffioial seal
LORI D WELSH
NOTARY PUBLIC-OREGON Notary Public for Oregon.
COMMISSION NO. 396175 My Commission expires:.
MY COMMISSION EXPIRES SEPT. 28, 2009
STATE OF OREGON )
/ )
County of Scr ss.
)
On this (P-=day of U.-S ~ , in the year 20 O T before me, a Notary Public, personally
appeared Ley ko f,--t -2. fc f 1 e . K 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 a she, they) executed it.
WITNESS my hand an o
OFFICIAL SEAL
JUDY SWIFT Notary Public for Oregon.
NOTARY PUBUC-OREGON My Commission expires: /2/ 2 av 9
liw COMMISSION NO. 398303
E S DECEMBER 9 2009
r
,5-t- e of Of-f!-q c:r",- ) ss.
eminty
o.,`. e scl`PS
On this 6-,Aay of uS'r , in the year 200 ? before me, a Notary Public, personally
appeared Z I e e personally
known to me (or prov d 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 they) executed it.
WITNES nd and official seal
OFFICIAL SEAL Notary P Ic for egon.
JUDY SWIFT My Commission expires: / 2- 9 7-40
i, NOTARY PUBLIC-OREGON
COMMISSION NO. 398303
MY COMMISSION EXPIRES DECEMBER 9, 2009
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNA RE
ADDRESS
TELEPHONE:
Road Vacation Summary - Page 5
Vacation of a Portion of A.J. Warrin Road
All of the A.J. Warrin Road lying in the Southeast One-Quarter of the Northeast One-Quarter
(SE1/4 NE1/4) and that portion of the Northeast One-Quarter of the Northeast One-Quarter
(NE1/4 NE1/4) of Section 31, Township 14 South, Range 13 East, Willamette Meridian,
Deschutes County, Oregon, being more particularly described as follows:
Commencing at the northeast corner of said Section 31; thence along the east boundary of said
NEI/4 NE1/4, South 00°34'13 West a distance of 1311.03 feet to the southeast corner of said
NEI/4 NE1/4; thence along the south boundary of said NEI/4 NE1/4, North 89°43'54" West a
distance of 610.99 feet to the true point of beginning; thence continuing along said south
boundary, North 89°43'54" West a distance of 699.52 feet to the southwest corner of said NEI/4
NE1/4; thence along the west boundary of said NEI/4 NE1/4, North 00°27'30" East a distance of
1307.16 feet to the northwest corner of said NEI/4 NEl/4; thence along the north boundary of
said NEI/4 NE1/4, South 89°54'00" East a distance of 300.56 feet; thence leaving said north
boundary, South 07°15'20" East a distance of 853.12 feet; thence South 31°11'57" East a
distance of 541.96 feet to the true point of beginning, the terminus of this description.
REGISTERED
PROFESSIONAL
LAND SURVEYOR-,
i , •~~~s
OREGON
JULY 19, 1994
DAVID R. WILLIAMS
2686
RENEWAL DATE: 06/30/08
S:\Land Projects\060309-McClean\docs\road vacation.doc
Warrin Rd Vacation
0200
0800
1201
0300
0100
0700
0600
0500
1200
0801
0401 0400
1202
0 0
1 1
Portion to Vacate
0100
0101
0200
0300 0200
► VIA
0300
0100
0100
0102
0400
0400
0500
0101
0500
0800 0900 1000
0601
00
0702
0603
0100
1400 13001200
0700
0600 1500
1600
1700
1800
00
0701 A L 0703
0605
2300
2200 2
100
2000
1900
3100 0700
0600
0500
0400
0300
00
0201
1
4
0
0
0700
0604
0200
Locator Map
ODEM
VE
z
0
97
N
Z
~z
m
=
~
H
Location of
Vacation
=
o
M P EAV
i
M
REDMO
ND
2
O
126
=
U
~
I
NNER
010000 400 600 800 Feet
V July 31, 2007
.P Deschutes County Road Department
c- d
By:
I John Anderson, GIS Specialist
LLLL Phone: 15411 322-7 1 02
LLLL ® z Emailjohna@co.deschutes.or.us
Address, 61 1 SO SE 211 St
Bend, OR 97702
Legend
Warrin Rd
- - I Portion to Vacate
Road Centerline
Taxlots
Main Roads
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation ofthis
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, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
P:\ArcGI S_Projects\Vacation s\Warrin