2008-863-Order No. 2008-024 Recorded 9/30/2008COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKOS CJ 2006.8fi3
COMMISSIONERS' JOURNAL
1111111 09/30/2008 02;12;42 PM
2008-863
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
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS
„ 1-LVIEVl~D
NO FEE
LEGAL C UNSEL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
II I II I III III
00630544200800357280120122
08/28/2008 03;04;17 PM
D-V Cnlal Stnai 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 Nelson
Road located in Deschutes County,
Oregon.
ORDER NO. 2008-024
WHEREAS, proceedings for vacating a portion of Nelson 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. 2008-024
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. The parties understand that the following easement shall remain in
place and not be affected by this vacation.
Central Oregon Irrigation District easement for the B-Lateral which is 40 feet in
width (20 feet each side of centerline), with an additional 20 feet for a ditch
rider road on the left side (looking down steam).
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 6/ 1 - day of A~~a~ '2008.
B WARD OF COUNTY COMMISSIONERS
OF DESgWTES, COUNTY, OREGON
D S R. LUKE, CHAIR
ATTEST: "
T ANEY ME TO VICE CHAIR
Recording Secretary
L
STATE OF OREGON )
)SS.
County of Deschutes )
ISSIONER
Before me, a Notary Public, personally appeared, DENNIS 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.
ENOTARY =23,22oll
NOTARY PUBLIC FOR ORE N
My Commission Expires:
Page 2 of 2 - ORDER NO. 2008-024
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: dL Obairom oe "Sor( Real 4%4 WS Wen
fed, ev4ekced bq Atc.W
Located in
Deschutes County.
Reason for road vacation request: 1 oAj oo Woo, needed QS rdotJ . C~t~ ~ ~(nGt
vcA-NP)q area 0f
?tj Koaid lMo-ewe(,w'1'h lruhWAtii SA1'e~-(( GtV~
DATED this day of he I ~ , 2006
STATE OF OREGON
County of1)esc( mu VS
Ss.
ADDRESS
710 NO Wa 11 e4 .
R&W .
CITY STATE ZIP
EWD gl -7W /
13 V M w 114661 s r- 3&*so J nQ I
On this 1 tj day of , in the year 201 before me, a Notary Public, personally
appeared 1 rC~ p Wv~CLC 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.
WITN SS my nyd and official seal
c ~
OFFICIAL SEAL Notary Public for Oregon.
KIM PARSONS My Commission expires:
} NOTARY PUBLIC-OREGON
COMMISSION NO. 375857
MV COMMISSION EXPIRES JAN. 6, 2008
Road Vacation Summary - Page 4
i
STATE OF OREGON
l ss.
County of _ZPtclI~. S )
On this hday of _Z&L_aool. , in the year 2 -Le appeared
known to me (or proved to me on the leas` of sati
names i ' instrument, and
OFFICIAL SEAL
ALYCE M LARSEN
NOTARY PUBLIC OREGON
COMMISSION NO, 364338 t
MY COMMISSION EXPIRES JAN. 25 2007 My
STATE OF OREGON
County of
ss.
before me, a Notary Public, personally
4' o personally
evidence to be Pe person(s) whose
ledg that he e, they) executed it.
n> cial seal
ublic for r0`eg0n.
nission expires: o>-,2,-ox
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
STATE OF OREGON
County of
Notary Public for Oregon.
My Commission expires:,
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: _
I CERTIFY THAT THIS IS THE TRUE AND ORI AL PET ION CIRCULATED BY ME.
_6 , ' k f xl~ oD
SIGNATURE
--7(0 NO ri~of
ADDRESS
TELEPHONE: !~LI f _ 6013_ 2 (SZ
Road Vacation Summary - Page 5
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: OLD PDaTFbht 0e "600 9cad 1W WS bees?
IreloCaf,r iev4ewted bN afkW bIgal Je_-1,I (j+oN .
Located in , Deschutes County.
Reason for road vacation request: '`OGd 1)0 Iftoy' yVf&d CaS YOAj. CJtj P+ AejAd
rc PA I I V DOVE - tratimQ MI DCA. tj D)Y ; areck D1- o Id
reV+04. vi11n IrIAH Atil SAT _4 aVea / rtAlilA un Aat R01W .
DATED this day of hI(I , 2006)
_ N M ADDRESS CITY STATE ZIP
- 710 NPJ Wa 57?0~
M w t3AI-L s r Bet,%
M A~A I.tG ~`1~g6~L l t
~ , . 13leS a to w*.A. s -y- d!J 0jo
STATE OF OREGON )
ss.
County ofTeSckmt-;2S )
On this day of I , in the year 20 U , before me, a Notary Public, personally
_L~.
appeared rC Ca Lk. Inch: YSTI-r-~ 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.
WITN SS my ;d and official seal
OFFICIAL SEAL Notary Public for Oregon.
KIM PARSONS My Commission expires: i 2
NOTARY PUBLIC-OREGON
COMMISSION NO. 375857
MY MISSION EXPIRES JAN. 6, 2008
Road Vacation Summary - Page 4
STATE OF OREGON )
ss.
County of )
On this je4day of OO , in the year 2C
appeared
known to me (or proved to me on the a ' of satisfa
name s i instrument, and
OFFICIAL SEAL WI
ALYCE M LARSEN
NOTARY PUBLIC-OREGON
COMMISSION NO-. 364338 to
MY COMMISSION-EXPIRES JAN. 25 2007 My
STATE OF OREGON )
ss.
County of DschccS )
On this day of T y
appeared
known to me ( r proved to me_on t e~i
ALYCE M LARSEN
NOTARY PUBLIC-OREGON
COMMISSION NO. 364338
STATE OF OREGON
County of
ss.
P`ublicT5-r Oregon.
mmission expires:
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:.
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Road Vacation Summary - Page 5
before me, a Notary Public, personally
personally
evidence to be tie person(s) whose
ledg that he e, they) executed it.
t~ cial seal
ublic for reg n.
mission expires: 671-o23-02'
in the year 2004 , before me, a Notary Public, personally
Y&NAM (a~,, nd 14-., -,c _124 ,L/' e- personally
asis of sakfactory evidence) to be the person(s) whose
iment, and acknowledged tl}~t he (she, they) executed it.
WIT S(S n34 h d official seal
0-f ES
C
p 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: August 11, 2008
SUBJECT: Vacation of a portion of Nelson 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:
The City of Bend, as a condition of CU-97-111, realigned the intersection of Nelson Road with the Powell
Butte Highway. The new intersection of Nelson Road with the Powell Butte Highway was relocated to
the south and the existing intersection was closed to traffic. A portion of the old alignment was retained
but dead-ended in a cul-de-sac which left a portion of Nelson Road between the cul-de-sac and Powell
Butte Highway that is approximately 1100 feet in length and is no longer needed for public travel. This
portion of the old Nelson Road is also in conflict with the safety clear zones needed by the Bend Airport
for the extension of the existing right-of-way. The City of Bend has applied to vacate this portion of
Nelson Road to satisfy FAA requirements concerning safety zones for airports. The vacation of Nelson
Road was also discussed as part of CU-03-73 in which the City of Bend was the applicant for the
realignment of Nelson Road.
Discus-, inn -
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
Quality Services Performed with Pride
Avion Water: No Response
Bend Broadband: No Response
Cascade Gas: No Response
Central Electric: No Response
Central Oregon Irrigation District: Response from Jeremiah Fender, "COID has its B-lateral which
runs under this portion of Nelson Rd. The easements for B-lat are 30 ft. (IS' from
centerline of canal), with an additional 20' on the west side of canal for our ditch road.
The Districts easements will need to be maintained whole. " The order vacating this
portion of Nelson Road will contain language specifying that the COID easement is not
affected by the vacation and will remain in place.
Pacific Power: No Response
Qwest Communications: Response from Lynn Smith, Qwest right-of-way manager dated 8/8/2006
indicated that Qwest did have facilities in the right-of-way and therefore an easement would have to be
retained for their facilities. The City of Bend worked with Qwest and had the facilities relocated off the
right-of-way therefore Qwest approved the vacation per letter from Lynn Smith, Manager, Right-of-way,
dated June 9, 2008 stating, "This letter is to further address the vacation of a portion of Nelson Road.
The City of Bend has granted Qwest a private easement for that portion of Nelson Road, and a portion of
said cable has been relocated, therefore Qwest has no objection to the vacation as written. "
Deschutes County Community Development Department: Response from Cathy White, CDD, "The
vacation of this portion of Nelson Road is consistent with the conditional use approval, CU-03-73, that
approved the realignment of Nelson Road. "
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 right-of-way is no longer needed for public roadway purposes
3. A utility easement does have to be retained on the right-of-way being vacated. This is an existing
easement for Central Oregon Irrigation District and will not be affected by the vacation.
4. The vacation will allow the applicants to better utilize their property and also satisfy the FAA
requirements for runway safety.
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. 2008 - 024 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 will be retained on the vacated property. This is an existing easement for
Central Oregon Irrigation District and will not be affected by the vacation.
3. No opposition to the vacation is reported to the County prior to signature of Order No. 2008 - 024.
Portior -of Nelson Rd Vaca
Locator Map
0 100 200 400 600 800 Feet
Legend
Taxlots
® May 1, 2006 I Section Line
Airport Runway
.P Deschutes County Road Department
a..r.d
By:
John Anderson, GIS Specialist
LI( I 1. Phone: (541)322-7102
LLLIL ® :;;1 EmailjohnaOco.deschutes.ocus
Address: 611505E 27th St
Bend, OR 97702
The information on this map was derived from dgfal databases on
Deschutes County's G.I.S. Care was taken in the creation of this
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, induding the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
PAArcG I S_Projects\Vacatio ns
Exhibit "A"
Legal Description
A parcel of land containing 1.02 acres, more or less, located in the Northwest One-
Quarter of the Southwest One-Quarter (NW1/4 SW114) and the Southwest One-Quarter
of the Northwest One-Quarter (SWi/4 NW1/4) of Section 20, Township 17 South, Range
13 East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows;
Commencing at the west One-Quarter corner of said Section 20; thence along the east-
west center section line of said Section 20, North 89°57'45" East a distance of 30.00 feet
to the true Point of Beginning, said beginning point also being a point on the east right-
of-way line of the Powell Butte Highway; thence leaving said center section line, and
along said right-of-way line North 00100'43" East a distance of 20„00 feet to a point on
the north right-of-way line of Nelson Road; thence along said north right-of-way line
North 89°57'45" East a distance of 1109.37 feet; thence leaving said north right-of-way
line 40.78 feet along •a non-tangent curve to the left with a radius of 60.00 feet, the chord
of which bears South 00002'15" East a distance of 40.00 feet to a point on the south right-
of-way line of Nelson Road; thence along said south right-of-way line South 89°57'45"
West a distance of 1109.40 feet to a point on said east right-of-way line of the Powell
Butte Highway; thence along said east right-of-way line North 00°00'50" East a distance
of 20.00 feet to the true Point of Beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common
and apparent on the land.
See attached map titled "EXHIBIT A-1" hereby incorporated by reference.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
r
PETER
RENEWAL DATE:
February 6, 2006
SALand Projects\COB60617\docs\parcel 8.doc
EXHIBIT A-1
LOCATED IN THE NW114 OF THE SW1/4 AND THE SW1/4 OF THE NW1/4 OF
SECTION 20, TOWNSHIP 17 SOUTH, RANGE 13 EAST, W.M., DESCHUTES COUNTY,
OREGON
1
I '
I
=w
0 0 I 0~ /A• L=40.78' M
'h R=60.00'
o S T=21.21'
2 P,0.8. DELTA-38 6:3r
CHORD=S00'02'15"E 40.00'
5745"E N89*6T45"E 1109.37'
W 114, SEC.
5595745°W 1109.40'
20, T. 17S.,
PORTION OF NELSON ROAD
R. IJE., W.M. {
TO 8E VACATED
S~ I
~
z
3
~ m
SCALE:
'
1-200
O
PREMRM BY-
REGISTERED
PROFESSIONAL
[
srnafr
Em
r rs
AND SURVEYOR
&
PLAMW
MCMUM,, f V UAl0 & .ASSOCIATES, Lc
OREGON
698 NW Yaw DRIM 8£ND, OREGON 87701
PHONE (541) 389-955!
JULY
A. 4 's
PETER
ANLEY
2
C0860617
214
RENEWAL DATES 12/31/06 PARCEL B.DWG