2008-61-Order No. 2008-005 Recorded 2/4/2008DESCHUTES COUNTY OFFICIAL RECORDS 2008~Y~+
NANCY BLANKENSHIP, COUNTY CLERK U VY
COMMISSIONERS' JOURNAL 02/04/1008 04;07;34 PM
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NANCYUBLANKENSHIP, COUNTY CLERKS 2008.05373
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00598827200800053230080089 02104/1008 04:04:36 PM
D-V Cnt=1 Stn=30 CLERK
Thls
_ Is a no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of Gribbling
Road located in Deschutes County,
Oregon, * ORDER NO. 2008-005
WHEREAS, proceedings for vacating a portion of Gribbling Road 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.
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Page 1 of 2 - ORDER NO. 2008-005
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)(c).
Section 5. That the following utility easements shall remain in place and not be
affected by this vacation: Book 400 Page 2161 (96-06786) USW#9533504 for US
WEST COMMUNICATIONS, INC. Recorded November 22, 1995, 10 foot wide phone
easement.
Section 6. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 7. 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
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCWWJTES, COUNTY, OREGON
DE,RIIS R. LUKE, CHAIR
TAMMY (BANEY) MELTOA, COMMISSIONER
EL fill. DALY, COVIVIISSIONER
day of , 2008.
STATE OF OREGON )
)SS.
County of Deschutes )
OFFICIAL SEAL
BONNIE BAKER
NOTARY PUBLIC-OREGON
COMMISSION NO. 414319
Before me, a Notary Public, personally appeared, DENNIS R. LUKE, TAMMY
BANEY and MICHAEL M. DALY the above-named Board of County Commissioners of
Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of
Deschutes County, Oregon.
DATED this 4A`day of
2008.
My Commission Expires:*, 3 lA l l
Page 2 of 2 - ORDER NO. 2008-005
EXHIBIT "A"
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: 4 Axtn 6 ij n r ~ (Z+ ~ g u alp 2o" IN THc
S F `14 C'e-X-4-t o... L-1, -I-~ s~ ►3
Located in , Deschutes County.
Reason for road vacation request: TVts e64CRotj 61F Trt>`. is Z2 GST"UC 14M(sn k9
Q
17L~ it.>~lU tJ ~o . ~OO_Z - tSQiBS' t`'~~rYJ l~~ C.1-! l,(®, Zaa
DATED this day of , 20
/ NAME ADDRESS CITY STATE ZIP
S
STATE OF OREGON )
1f ) ss.
County of Dcscki L5 )
On this 1501 day of Oa ni aPi , In the year 20 08, before me, a Notary Public, personally
appeared Ki'ri- D. 1 JCA ►2..d 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, texecuted it.
WITNES han =,:L ici I seal
OFFICIAL SEAL Notary Public for Oregon.
My Commission expires: -Z -ZV~S
WANUA CAtLANAN
NOTARY PUBLIC-OREGON
COMMISSION NO. 388015
MY COMMISSION ExPIRES JAN. 20,2
Road Vacation Summary - Page 4
TES CO Exhibit "B"
Page 1 of 3
: Aa
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: January 15, 2008
SUBJECT: Vacation of a portion of Gribbling 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.
Back ,round:
In December of 2005, Kim Ward approached the Road Department about the possibility of
relocating Gribbling Road onto a new dedicated right-of-way that he was willing to dedicate in
exchange for the County building the new road and also going through the process to vacate the
old right-of-way. This would occur only on the property that is owned by Mr. Ward.
Gribbling Road was established in 1922. The existing road traveled by the public was not
located with the established right-of-way. Kim Ward's proposal was that he would dedicate the
right-of-way along an alignment that was agreed upon by himself, the County Road Department
and the Oregon Department of Transportation (ODOT). Meetings were held on site to determine
the best location for the road and also the best access point on Highway 20. Part of the
agreement with ODOT was that as soon as the new access was completed, the old one would be
obliterated and not available for public use. Mr. Ward went through the necessary land use
process, RD-06-1 for the dedication of the new right-of-way. Upon approval of the land use
decision, the road was constructed within the new right-of-way and the old roadway was closed
to further public travel. Vacation of the old Gribbling Road right-of-way will allow Mr. Ward to
better utilize his property and also return that property to the tax roles.
Quality Services Performed with Pride
Exhibit "B"
Page 2of3
Tlicrrnccinn-
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
Bend Broadband: E-mail response from Mark Kaupp, Senior Designer for BendBroadband
dated 11/12/07 indicated that they do not have or need easements in the area
described in the vacation notice.
Cascade Gas: No Response
Central Electric: No Response
COI irrigation: No Response
Pacific Power: No Response
PGT: No Response
Qwest Communications: Initial response from Lynn M. Smith, Manager, right-of-way dated
11/13/07 stated, "Qwest currently has facilities in the above mentioned area. While Qwest has
no objection to the proposed vacation, it is imperative that Qwest rights be preserved in the
area. Subsequent conversation with Bob Kitchen, local contact for Qwest, indicated that they
do have facilities in the area but he was not sure if they were located within the actual established
right-of-way for Gribbling Road. The Road Department surveyed the location of the existing
facilities and found that they were not located within the 1922 right-of-way established for
Gribbling Road. Further research turned up an easement granted to US West by Deschutes
County, Book 400 Page 2161 (96-06789). This easement is 10 feet in width and is expressly for
the phone line located on Mr. Ward's property. It was granted to US West prior to Deschutes
County selling the property to Mr. Ward. I discussed the easement with Bob Kitchen and he felt
they were covered and did not have to have an easement retained in the vacated right-of-way.
Bend Fire Department: No Response
Deschutes County Community Development Department: Response from Kevin Harrison,
Community Development Department dated 10/29/07, "Proposed vacation anticipated as part of
the road dedication approved under County file no. RD-06-1."
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:
Exhibit "B"
Page 3 of 3
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 right-of-way dedicated by Kim D. Ward to the public, recorded March 16, 2007, in
document No. 2007-15885 is not affected by this vacation and will remain in effect.
4. The easement for Qwest in Volume 400 page 2161 (96-06786) is not affected by this
vacation and will remain in effect.
5. 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-way 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. 2008-005 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.
EXHIBIT "C"
Page 1 of 2
A description for the Vacation of a portion of Gribbling Road in the Southeast
one-quarter of Section 4, Township 18 South, Range 13 East, of the Willamette Meridian,
being described as follows:
All that portion of Gribbling Road, as established in Deschutes County Commissioners
Journal Number 1, Page 454, on November 18, 1922, that lies within the Southeast one-
quarter of the Southeast one-quarter (SE1/4SE1/4), and the North one-half of the
Southeast one-quarter (N1/2 SE1/4) of Section 4, of Township 18 South, Range 13 East,
of the Willamette Meridian, Deschutes county, Oregon.
Except therefrom that portion lying within that Deed of Dedication, from Kim D. Ward
LLC to the public, recorded March 16, 2007, in document No. 2007- 15885, Deschutes
County Official Records.
Locator map
0 500 1,000
1,500 2,000 Feet
Legend
Road to vacate
State Highway
Printed: October 25, 2007
- Road Centerlines
Bend
20
TaxIots
of
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
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
ap Deschutes County Road Department
Y John Anderson, GIS Specialist
By
-1 iL,~ f ' ' Phone: (541) 322-7102
L -I ! ® z--, Email: johna@co.deschutes.or.us
Address: 61150 SE 27th St
% Bend, OR 97702
of any errors will be appreciated.
\\Road\GIS_Proj\ArcGIS-Projects\Vacations\Gribbling