2009-1414-Order No. 2009-052 Recorded 8/10/2009COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS ~~1 LOO -i4~4
COMMISSIONERS' JOURNAL as/10/2a09 x8;38;41 AM
111ill!I4II 4IIII1IIIIIIII I I III
21'
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 7009.33839
/REVIE D
LEGAL COUNSEL III 11111111111111111~ 111111111111111111111111111 NO FEE
00683949200800338390120124
08/07/2009 02:13:07 PM
D-EASR Cntsl Stnal BN
This is s no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating two road easements
located in the unrecorded Cascade
Woods Subdivision situated in Section ORDER NO. 2009-052
24, Township 14 South, Range 11 East
Deschutes County, Oregon,
WHEREAS, proceedings for vacating two road easements located in the
unrecorded Cascade Woods Subdivision situated in Section 24, Township 14 South, Range
11 East 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. 2009-052
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 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
TAMMY B NEY, CHAIR w
ATTEST:
IS R. LUKE, CE CHAIR
DENNdea-'_
Recording Secretary ALAN UNGER, CO ISSIONER
STATE OF OREGON ) OFFICIALS
V BONNIE BAKER
)SS. KCO TARY PUBLIC-OREGON
Count of Deschutes MM SION NO.414319
y ) N EXPIR ES FEB. 23, 2011
Before me, a Notary Public, personally appeared, TAMMY BANEY, DENNIS R.
LUKE and ALAN UNGER 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 2009.
NOTARY PUBLIC FOR OREGPN~ .
My Commission Expires:
Page 2 of 2 - ORDER NO. 2009-052
Dierk Peters Vacation
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126
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0 0.125 0.25 0.375 0.5 Miles
Legend
- Road Centerlines
Vacation
Printed: July 16, 2009
- Stream
0 Taxlots
The information on this map was derived from cigital databases on
Deschutes County s G.I.S. Care was taken in the creation ofthis
Deschutes County Road Department
map, but it is provided `as is°. Deschutes County cannot accept any
iaid
Y
responsibility for errors, omissions, or positional accuracy in the digital
, John Anderson, GS Specialist
data or the underlying records. There are no warranties, express or
I_LI Phone: (541) 322-7102
Email:johna®coA-h.tes 1-
L+L,
implied, inducting the warranty of merchantability or fitness for a
®
particularpurpose, accompanying this procluct. However, notification
Address: 611505E 27 Bend, OR 97702
702
of any errors will be appreciated.
\\Road\gis_proMrcGIS-Projects\Vacations\Dierk Peters
Exhibit "A"
Page 1 of 3
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
I, the undersigned, am the owner of the following properties:
1. Tax Lot 100, Assessor's Map 14-10-24C also known as
Parcel 1 of Partition Plat 1995-2
2. Tax Lot 5600, Assessor's Map 14-10-24D also known as
Parcel 2 of Partition Plat 1995-2
3. Tax Lot 5601, Assessor's Map 14-10-24D also known as
Parcel 3 of Partition Plat 1995-2
and respectfully request that the following described roads which are located
on these properties be vacated:
All that portion of those easements described as Roads 3 and 4 in that
certain document recorded in Book 134, page 12, Deschutes County
Records, that fall within the boundaries of Parcels 1, 2 and 3 of Partition Plat
No. 1995-02, situated in Section 24, Township 14 South, Range 11 East,
Willamette Meridian, Deschutes County, Oregon. Excepting therefrom any
portion of the road granted in that deed recorded in Volume 348, Page 231,
Deschutes County Deed Records
and shown on the attached Exhibit A.
These easements were recorded to provide access to lots platted
within Unit 1 of the Cascade Woods Subdivision, an unrecorded subdivision
within Section 24, Township 14 South, Range 10 East of the Willamette
Meridian in the County of Deschutes. This subdivision was never fully
developed nor was these access roads developed. As the County has refused
to recognize the lots created by this subdivision as legal lots of record, the
property was partitioned into three parcels as shown on the attached Exhibit
A. I am requesting this vacation in order to free my properties from these
encumbrances which were never developed.
DATED this a day of June, 2009.
Exhibit "A"
Page 2of3
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: E S~vv► a" -wj rrti, j T71.5~ (~CA7!24LS' 4LIO-0 S
&J6 01 tJ t S LOQ Cihn 44goe&cd 1 O r-r- o'e (i I La-- AP
Located in
Deschutes County.
Reason for road vacation request: FAS&atjch3 Wtat la ez&WIED 6V i9-i (1k7t z-0zyCV
Svc t7~ vt s rG ~ L~ AtG~~ !~s ~ G~r~ea~ ~~~s ~o sc./3 pt v lsta,, ft~,rcct~s,
1 ~M&MzV 8L/ M(0-12-37 AvgjO WJEMbri,,~S "g-A-4 CuArs-el &W&I 60-
DATED this day of , 20
NAME ADDRESS CITY STATE ZIP
S /a-~-► ~ "PenTtor~ t5x. VtK fl6~ OP A 96Qr 11 6"JI F~06946S
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
Exhibit "A"
Page 3 of 3
STATE OF OREGON
County of Deschutes
NAME
ADDRESS
CITY, STATE AND ZIP
ss.
The foregoing instrument was acknowledged before me by
~•7:~cS this 1 day of
52009.
111111-
OFFICIAL SEAL
SUSAN L STINSON
NOTARY PUBLIC-OREGON NOTARY PUBLIC FOR OREGON
COMMISSION NO. 411225
700FMMISSION EXPIRES OCT. 30, 2010 MY COMMISSION EXPIRES: 1 7jo -z-~ 1
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION.
SIGNATURE
ADDRESS
TELEPHONE
%-(E S
artment
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: July 20, 2009
SUBJECT: Vacation of two (2) easements located within the Cascade Woods Subdivision (unrecorded)
off of Wilt 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:
Dierk Peters, owner of tax lots 1410240000100, 141024DO05600 and 141024DO05601 approached the
Road Department concerning the vacation of two (2) easements located within his property. These
easements were created by a road easement document, Vol. 134, Page 12 and are described as "Road 3"
and "Road 4". These easements were intended for the use of the Cascade Woods subdivision for access
to the parcels that were to be created by that subdivision. The subdivision was never recorded and a
subsequent partition of the property, MP-92-37 has provided access to public ways for all the lots
therefore the easements are no longer required for access. The easements to be vacated fall within the
boundaries of parcels 1, 2 and 3 created by MP-92-37. Mr. Peters is requesting the vacation of these
easements in order to free his properties from the encumbrances of the easements. This vacation does not
affect the road easement granted in that deed recorded in Volume 348, Page 231, Deschutes County Deed
Records.
Tlicrnceinn-
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:
Quality Services Performed with Pride
Exhibit "B"
Page 2of2
Bend Broadband: No Response
Cascade Natural Gas : No Response
Central Electric: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
Qwest Communications: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, Senior
Planner, "It doesn't appear that this road is needed. Should be ok to vacate it. "
Findin s:
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 not have to be retained on the right-of-way being vacated.
4. The vacation will allow the applicants to better utilize 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. The Road
Department recommends that the Board approve the vacation of the parcels as described in the attached
Order No. 2009 - 052 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
3. No opposition to the vacation is reported to the County prior to this meeting.
Exhibit "C"
Page 1 of 4
1. Tax Lot 100, Assessor's Map 14-10-24C also known as
Parcel 1 of Partition Plat 1995-2
2. Tax Lot 5600, Assessor's Map 14-10-24D also known as
Parcel 2 of Partition Plat 1995-2
3. Tax Lot 5601, Assessor's Map 14-10-24D also known as
Parcel 3 of Partition Plat 1995-2
All that portion of those easements described as Roads 3 and 4 in that
certain document recorded in Book 134, page 12, Deschutes County
Records, that fall within the boundaries of Parcels 1, 2 and 3 of Partition Plat
No. 1995-02, situated in Section 24, Township 14 South, Range 11 East,
Willamette Meridian, Deschutes County, Oregon. Excepting therefrom any
portion of the road granted in that deed recorded in Volume 348, Page 231,
Deschutes County Deed Records
and shown on the attached Exhibit A.
These easements were recorded to provide access to lots platted
within Unit 1 of the Cascade Woods Subdivision, an unrecorded subdivision
within Section 24, Township 14 South, Range 10 East of the Willamette
Meridian in the County of Deschutes. This subdivision was never fully
developed nor was these access roads developed. As the County has refused
to recognize the lots created by this subdivision as legal lots of record, the
property was partitioned into three parcels as shown on the attached Exhibit
A. I am requesting this vacation in order to free my properties from these
encumbrances which were never developed.
DATED this 4)-f
day of June, 2009.
' TOMM
Exhibit "C"
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