2010-51-Order No. 2010-002 Recorded 1/29/2010DESCHUTES COUNTY OFFICIAL RECORDS yJ 241451
NANCY BLANKENSHIP, COUNTY CLERK vY
COMMISSIONERS' JOURNAL 01/29/2414 48;58;52 AM
II II II IIIIIIIIIIIII~III III
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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 at the request of
[give reason]
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.y V1L D
4LGL COUNSEL
UBLANKENSHIP, COUNTY CLERKDS ~~+~-0
NANCY 09
111111111 Jill III IIIII IJIII 11111111111111111 NO FEE
1231 0041 8116115 01/27/2010 12:56:49 PH
D-V Cnt■1 Stns30 JS
This is s no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of Rock
Springs Road located in Bear Springs * ORDER NO. 2010-002
Acres Subdivision in Deschutes County,
Oregon,
WHEREAS, proceedings for vacating a portion of Rock Springs Road located in
Bear Springs Acres Subdivision 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. 2010-002
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, Tax Lot 1611330000802, 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 2 f ''t ay of 2010.
ATTEST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
n
D NIS R. LUKE, CHAIR
04411_
ALAN UNGER, VICE CHAIR
TAMMY BANEP-Y!COMMISMNER
Before me, a Notary Public, personally appeared, DENNIS R. LUKE, ALAN UNGER
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.
r~1
DATED this day of L~ 2010.
NOTARY PUBLIC FOR O GON
My Commission Expires: .2 - 2j 2 Its 61
OFFICIAL SEAL
Page 2 of 2 -ORDER NO. 2010-002 BONNIE BAKER
NOTARY PUBLIC-OREGON
COMMISSION NO.414319
IoR' COMMISSION EXPIRES FEB. 23 2011
Exhibit "A"
1 of 2
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:
Located in , Deschutes County.
Reason for road vacation request: ~rkiS Se_c44-IdK dJAL4a4 Oho .
s (k 35 ceho 1;7 vt- sr r
CA Aim, VC W&1 r `-fl / ~'~F1~J Vl~C ticLXL. IYt_ X" 0_
DATED this 2-0 day of 0 C,k 20OQ t
nn nn NAME
a rja~C V eOAM
xJ12 SC kaS
STATE OF OREGON )
ss.
County of isclJ4_'0 )
ADDRESS
I it 3- C) 12(3 cIC~ ILA p
(1 C{° k~
CITY STATE ZIP
7 0
ck CI
On this 2-2-day of Oc b 10.." , in the year 20 before me, a Notary Public, personally
appeared t_- ,t-a <7' et, ►J S 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,)hey) executed it.
WITNESS my hand -Cal seal
Notary Public for Oregon.
My Commission expires: / J
OFFICIAL SEAL JO`
LYU0A1ILA SC
NOTARY PU OREGON
CO ~ICA, NC 140041
Road Vacation Summary - Page 4
OFACIAL gam"
NOTARY C.Sew
0"a N
M0.1100~1
~ZAUB F.a
Exhibit "A"
2of2
STATE OF OREGON
ss.
County of ~)esAj+e-S )
On this a day of N„, z in the year 20 q, before e, a Notary Public, personally
appeared R L. Ne A-o personally
known to me (or proved to me on the basis of satisfactoryevidence) to be the person(s) whose
name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it.
WITNESS my d and official seal
LAA d9,
Notary P blic for Or gon.
My;11,11' ,11,11~s t moires: . fi a`i ci I
SEAL
STATE OF OREGON OFFM SCH FE
ait~Y &U1 SCRAPER j
j' NOTARY PUBLIC-OREGON
ss.~ COMMISSION NO. 421444
County of ) MY COMMISSION EXPIRES SEPT. 29, 2011 Is'I
On this day of , in the year 20 , before me, a Notary Pubiic, 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.
r„y Commission expires:.
I CERTIFY THAT THIS IS THE TRUE AND ORIGIN L PETITION CIRCULAT Y ME.
L'Q~t
SIG TUBE
l ~ a 7-o C'&
ADDRESS
TELEPHONE: y1
Road Vacation Summary - Page 5
~,J~ES co Exhibit "B"
Page 1 of 3
LIJ
1 Road
61150 SE 27th St. • Bend, Oregon 97702
ENGINEER'S REPORT (541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: January 4, 2010
SUBJECT: Vacation of a portion of Rock Springs 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:
Randall Heaton and Barbara Sands, owners of tax lot 1611330000802, approached the Road Department
to discuss the vacation of the remainder of a portion of Rock Springs Road that was left over from a
vacation that was approved by the County in September of 2005. The original vacation vacated most of
Rock Springs Road along the east boundary of the Heaton/Sands property but a portion was retained to
provide access to tax lot 1611330001100 owned by the Szabo's. Since the 2005 vacation, Heaton and
Sands have worked with the Szabo's to do a lot line adjustment (LL-09-124) that adjusts the property
lines to make the portion of Rock Springs Road that was not vacated in 2005 rest entirely on the
Heaton/Sands property and also provided the necessary frontage on a public right-of-way for the parcels
owned by the Szabos (see Exhibit 1 for new lot line configuration). The reason for the request as stated
by Randall Heaton and Barbara Sands is, "This section deadends on our property, is surrounded on 3
sides by our property (4`h side being the right-of-way for Rock Springs Road to the south) and serves as
our driveway - no one else has access or need to use it. " A field visit by staff to the site verifies this
statement. Since the roadway to be vacated is located entirely on the Sands property, per ORS 368.351, a
public hearing is not required for this vacation.
Quality Services Performed with Pride
Exhibit "B"
Page 2of3
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: No Response
Cascade Gas: No Response
Central Electric: No Response
COI Irrigation: No Response
Pacific Power: Response dated 12/08/200 from Annette Towery, Services Coordinator, Bend
Operations, "Rock Springs Road area is serviced by Central Electric Coop. "
Qwest Corporation: No Response
Squaw Creek Irrigation: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Tumalo Town District: No Response
Bend Fire Department: "The Bend Fire Department supports the vacation of a portion of Rock Springs
Rd. "
Cloverdale Fire Department: No Response
Deschutes County Community Development Department: Response dated 12/10/2009 from Paul
Blikstad, Senior Planner "A lot line adjustment (LL-09-124) has been tentatively approved that would
allow tax lot 1100 to retain the required SO foot frontage on Rock Springs Road. We believe the lot line
adjustment needs to be completed before the vacation is finalized. " Per Exhibit 1, the lot line adjustment
has been completed and filed with the County Surveyor on 11/17/2009.
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 3of3
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.
5. The vacated property will vest entirely with tax lot 1611330000802.
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 parcel as described in the attached
Order No. 2010 - 002 subject to the following conditions:
1. The vacated property shall vest in the rightful owner holding title according to law, tax lot
1611330000802, 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.
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BEND, OREGON 97701
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TYE ENGINEERING & SURVEYING, INC.
725 NW Hill, Bend, Oregon 97701 • (541) 389-6959 • Fax (541) 385-1341
email: tYeengr@bendcable.com webpage: t.yeengineering.com
EXHIBIT "C"
Page 1 of 1
ROCK SPRINGS ROAD
ROAD VACATION
All that portion of Rock Springs Road lying northerly of the northerly right of way of Rock
Springs Court as dedicated in the plat of Bear Springs Acres, filed as CS05274, in the Deschutes
County Surveyor's office, Oregon, on July 19, 1979, located in the Northwest one-quarter of the
Southeast one-quarter of Section 33, Township 16 South, Range 11 East, of the Willamette
Meridian, in Deschutes County, Oregon.
Said portion of Rock Springs Road containing 0.18 acres, more or less.
ROAD VACATION
ROCK SPRINGS ROAD
LOCATED IN THE NW 1 /4 SE 1 /4 OF SECTION 33,
T. 16 S., R. 11 E., W.M., DESCHUTES COUNTY, OREGON
NE CORNER I CE 1/16TH CORNER
LOT 6, BLOCK 1, SECTION 33
BEAR SPRINGS
ACRES I
-7
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LOT 6, BLOCK 1
NW CORNE
LOT 6, BLOCK 1, I BEAR SPRINGS ACRES TAX
LOT 1000
BEAR SPRINGS
ACRES
I AREA OF ROAD VACATION \
PER ORDER 2005-076
RECORDED 9-27-05 DES.
CO. OFFICIAL RECORDS
TAX LOT 1100
TAX LOT 802
ROAD
VACATION
ROCK SPRINGS COURT
TAX LOT 1300
o
0
LOT 3 z
BEAR SPRINGS ACRES CE
U
TAX LOT 1403
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TYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97701 (541) 389-6959
DATE: OCT 27, 2009
SCALE: 1"=200'
DRAWN BY: P.A.T.
DWG 1402
December 2, 2009
.P Deschutes County Road Department
Cl-
oy:
I John Anderson. GIS Specialist
000 Phone Is4lt322-7io2
nux Email johnaWo desdwrez onus
110
Mdress 61150 SE Der St
Bend OR 97702
Legend
= 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
map, but it is provided "as is". Deschutes County cannot accept any
responsibility for errors, ornissions, 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
particuter purpose, accompanying this product. However, notification
of any errors will be appreciated.
P:\ArcGIS_Projects\Vacations\Rock Springs
Locator Map 0 500 1,000 1,500 Feet