2008-622-Order No. 2008-0048 Recorded 6/11/2008DESCHUTES COUNTY OFFICIAL RECORDS ~J 7046.62 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOU NAL 06/11/2008 11:07:58 AM 2008-622 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 ~448'2~0~5 4LG IEW NANCY BLANKENSHIP, COUNTY CLERK NO FEE CO NSEL (IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 00618380200800250260110112 06I11I2008 08:3.12 QM D-V Cnta1 Stn=1 BN This 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 3rd Street located in Terrebonne in Deschutes County, Oregon, * ORDER NO. 2008-0048 * WHEREAS, proceedings for vacating a portion of 3rd Street 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. 2008-048 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)(c). 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 day of 12008. BOARD OF COUNTY COMMISSIONERS OF DE UTES, COUNTY, OREGON C~ JS; DENNIS R. LUKE, CHAIR ATTEST: 6vk'v~ 6~ Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) Before me, a Notary Public, personally appeared, DENNIS R. LUKE, TAMMY BANEY MELTON 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 / day of 2008. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 2 of 2 - ORDER NO. 2008-048 OF-PICIAL SEAL BONNIE !BAKER NOTARY PUJBL IC.-OREGON ,f COMMISSION NO, 414319 0 MY CgM MISSI N EXPIRES FEB. 23, 2011 Exhibit "A" Page 1 of 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: l a -rata © _Vnr"c C-i Located in Deschutes County. Reason for road vacation request: b C Au< n- ~uC 14 ac - ;C, a z ell P DATED this day of 42 r/ l , 20v Sr' NAME ADDRESS CITY STATE ZIP ~'~6 Y ti~ 3-~ ~r~cfe~ae 0,+2 ~~6c STATE OF OREGON ss. County of On this _3_ da of AO) ~ , in the year 20_b~_, before me, a Notary Public, personally appeared personally known to aul me (or proved to me on th asis 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. TNEZSS m an and official seal ;Tdb_ lic rO go . mis on ex 're , emb OFFICIAL SEAL JESSICA GEORGE NOTARY PUBLIC-OREGON COMMISSION NO. 400845 MY COMMISSION EXPIRES DEDC. 29, 2009 Exhibit "A" Page 2 of 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: A ea -,,Io 4-" Ara es r Located in reboynC~ , Deschutes County. Reason for road vacation request: DATED this =--day of _i , 200 NAME 4/ ss e ~o% G ~A OR- C7[/YN S~D `Gi dom. STATE OF OREGON ) County of On this day of appeared me (or proved to me on the basis o subscribed to this instrument, and ack ss. ADDRESS CITY STATE ZIP Wa w~- 1 Qa o r I 9stda M D v rR `3i e n~{ Sew o-.4~.c1~-A a~ 4 in the year 20 , before me, a Notary Public, personally personally known to tisfactory evidence) to be the person(s) whose name(s) is(are) no o dged that he (she, they) executed it. WITNESS my hand and official seal %kQy Public for Oregon. My CbKmission expires: Road Vacation Summary - Page 4 Exhibit "A" Page 3 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~V~XSic~ 2 On t1 0-1t 200 before me, W04at- P-2611c-, .Date Here Insert Name and Tiffs of the Officer personally appeared I&M, Q- -Z';P.SSg_ 5040 ckv-\ C e yV.~l Lkp- 50 ~0 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personQ whose named is re subscribed to the within instrument and acknowledged to me that he/she he executed the same in his/her/ ei authorized DANIELA TOSTADO capaci res , and that by his/he their signatures on the COMM. #1597028 X instrument the persons or the. entity upon behalf of x NOTARY PUBLIC • CALIFORNIA . RIVERSIDE COUNTY which the persore acted, executed the instrument. Commission Expires JUL 24, 2009 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand d official seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on. the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: `PZA-,t-V10Vn V~Dy VACCJV;0yN p~- o~ ~v tiL ~p c c~ Document Date: Novi, C)-7, -Z--005 Number of Pages: pIQ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: CLAI V_ ~QSc~e_ So_lo )i~ Individual ❑ Corporate Officer-Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0] 261 lei 111:4 To of thumb here Signer's Name: Q leyvA *ndividual ❑ Corporate Officer _ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: T of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll-Free 1.800-876-6827 1 Exhibit "A" Page 4 of 4 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 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 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: 7'A►ccc441 C I CERTIFY THAT T-Ht3-i3 THE TRUE AND ORIG Y ME. ~b h,'e l ~j o~ SIGNATURE ADDRESS TELEPHONE: (U( 529 --Ph. l Road Vacation Summary - Page 5 2 EXHIBIT "B" T Q M A" Page 1 of 2 Engineer's Report TO: Board of County Commissioners Road 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 21, 2008 SUBJECT: Vacation of a portion of 3`d Street between E Avenue and F Avenue (Terrebonne) 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. Discussion: Deschutes County received a petition signed by Eddie and Gerry Soto and Parker Agee to have a portion of 3`d Street between E Avenue and F Avenue vacated (see Exhibit "1" for map). The Soto's and Agee's own the two lots on either side of 3`d Street in this location. The reason for the vacation is that this portion of 3`d Street is located right at the edge of the rim rock therefore the road could not continue and the two parties would like this portion vacated so they can consolidate their properties. A portion of 3`d Street to the south of this vacation request was vacated in 1998 per Order No. 98-085. A field trip to the site indicated that there were no utilities in this portion of right-of-way and it did make sense to vacate the right-of-way as it is not needed for future road purposes. The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Bend Broadband: No response Cascade Natural Gas: No response Central Electric Co-op: No response. Quality Services Performed with Pride EXHIBIT "B" Page 2 of 2 COI Irrigation: "No comment" Pacific Power and Light: No response Pacific Gas and Transmission: No response Qwest Communications: No response Terrebonne Water Company: No response Redmond Fire Department: "this vacation has no impact to our service area" Deschutes County Community Development: No response Deschutes 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 right-of-way proposed for vacation was dedicated for road purposes on the official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office of the County Clerk, Deschutes County, Oregon 2. There is no need to retain a utility easement. 3. The petitioners wish to consolidate 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. This property is not needed for public purposes and will not be needed in the future. The Road Department recommends that the Board review the attached material and make their decision on whether to approve the vacation of this public right-of-way as described in the attached Order No. 2008-048 subject to the following conditions: 1. No opposition to the vacation is reported to the County concerning this vacation. 2. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS 368.366 (1) (d). 3rd Street Vacation ~o F•AVE F,AVE H F- I ~r = rn Portion of 3rd Street E AVE to be Vacated Text H H ~ co z N H -17 H 00 CENTRAL-AVE CENTRAL-AVE M ~t Locator map Location of 97 Vacation = WILC XAVE Terrebonne DEM V F o NI 370 2 MAPLE E M LE 0 200 400 600 800 Feet Legend Exhibit "1" ® State Highway Page 1 of 1 - Road Centerlines Printed: April 29, 2008 - Vacation F-I Taxlots The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the creation ofthis MeP Deschutes County Road Department map, but it is provided "as is°. Deschutes County cannot accept any c- d Y responsibility for errors, omissions, or positional accuracy in the digital John Anderson, GIS Specialist data or the underlying records. There are no warranties, express or f ' Phone: (541)322-7102 implied, including the warranty of merchantability or fitness fora Add St s.or.us r Address: 61150 .d27th DM S[ Address: SE particular purpose, accompanying this product. However, notification Bend" OR 97702 of any errors will be appreciated. PAArcGIS_Projects\Vacations\3rd St Exhibit "C" 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 Fax 5413 548-0478 Vacation of Portions of 3rd Street in Hillman (Terrebonne) 3rd Street Vacation "A portion of 3rd Street lying in the NW1/4 SW1/4 of Section 16, Township 14 South, Range 13 East, Willamette'Meridian,. as shown on the official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office of the County Clerk, Deschutes County, Oregon, being more particularly described as follows: That portion of 3rd Street lying South'of the prolongation of the North property line of Lot 26, Block 24 and North of the prolongation of the North property line of Lot 29, Block 24. The same containing approximately 0.10 land acres (4500 square feet). REGISTERED PROFESSIONAL LAND SURVEYOR 3 -,97-008 JULY 14, "1978 ROBERT R. POVEY Renewal Date: 12/31/08 PAGE 1 DESCRIPTION G:\2008A\08035\LEGAL-G._doc PROPOSED 3RD STREEET VACATION FOR: D ONIEL SO TO SITUATE IN THE PLAT OF HILLMAN (TERREBONNE) LOCATED IN THE NW114 SW114 OF SECTION 16, T.14S., R.13E.,W.M. DESCHU TES COUNTY, OREGON DESCHUTES COUNTY ROAD DEPT. - - - 12 21 DATE TL 263 11 22 TL 267 10 23 TL 268 g 24 TL 500 8125 w V) Q) N 7126 TL 206 6 27 TL 206 - BLOCK - - REGISTERED PROFESSIONAL LAND SURVEYOR It A low 4 3-z7 -z0aR Q - JULY ON JULY 14, 1978 ROBERT R. POVEY 1652 Renewal Date: 12/31/08 SCALE. 1 "=60' w - - - TL 207 10 Q) 9 60' 24 m .5 28 100' - - - ~ 4 29 - - - 30' 30' Lcoo 231---~ cr cli r~ E AVENUE VACATED 1998-85 E AVENUE VACATED 2006-1 0 BLOC 7 31 TL 260 6 u~ 100' 4 TL 224 2 - - - 1 N POVEY AND ASSOC., LAND SURVEYORS P.O. BOX 131, REDMOND, OR 97756 (541) 548-6778 08035V.DWG