2012-94-Order No. 2012-014 Recorded 3/9/2012I -n FICIAL NNANCYDESCHUBLANKENSHIPTES COUNTY CLERKDS 2012-08298
ZTM-6V
II II I NO FEE
4 III IIII
LEGAL COUNSEL I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
00 23283201200082980130134 03/08/2012 04:15:31 PM
D,-V Cnts1 Stns7 PO
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 Cline Falls
Highway within the Deschutes River ORDER NO. 2012-014
Homesites Subdivision, Rimrock Addition
located in Deschutes County, Oregon,
WHEREAS, proceedings for vacating a Portion of Cline Falls Highway within the
Deschutes River Homesites Subdivision, Rimrock Addition 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. 2012-014
~DESCHUTES COUNTY OFFICIAL RECORDS CJ 7012'94
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 03/09/2012 08;18:11 AM
IIIIIIIIIIIIIIIIIIIIIIIIIlII
2012-94
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) and
as shown on Exhibit "D" attached hereto and by this reference incorporated herein.
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 aA C/fiL , 2012.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
G%~/' , 1_)j 21~
ANTHONY DEBONE, CHAIR
r-d'' b(__.
ALAN UNGER, VICE CHAIR
TAMMY BANEY, COMMISSIONER
STATE OF OREGON OFFICIAL AL
) BONNIE LEE EE BAKER
)SS. &N NOTARY PUBLIC-OREGON
County of Deschutes COMMISSION NO. 456987
MY COMMISSION EXPIRES FEBRUARY 23 2015
m ~
Before me, a Notary Public, personally appeared, ANTHONY DEBONE, ALAN
UNGER a"d:FAMM" BANE 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 2012.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 2 of 2 - ORDER NO. 2012-014
Exhibit °A"
Page 1 of 4
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
SIGNATURE
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. (-Lvr'k Au s ~ rtw ~
Description of road to be vacated: A A)a m o,t Ak
CA
Located in It, /F . Deschutes County.
Reason for road vacation request:
DATED this % 3 day of , 20-)J-.
PRINT NAME
ADDRESS CITY STATE ZIP
o
7 1 L4A
STATE OF OREGON
County of oe~~~i~ •s
SS.
On this 14 day of evy e" , in the year 2C1 before me, a Notary Public, personally appeared
e rs 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.
Wl SS a and official seal
OFFICIAL SEAL
WAYNE D ROPP Notary ublic for regon.
46M My Commission expires: 15
COMMISSION NOTARY I{ON PUBLIC -N0. . 4583.,32
MY COMMISSION EXPIRES JULY 10, 8018
Page 1 of 2
Exhibit "A"
Page 2 of 4
STATE OF OREGON )
ss.
County of c & L )
O this day of ]XP'UAIAy_ , in the year 20jL, before me, a Notary Public, personally appeared
~C 0 S~ f 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 acknowled ed that he (she, they) executed it.
oFFICIALSEAL , S , h n n officia seal
CHRISTINA A MOORE
TARY PUBLIC-OA EQON N ry PUb lj&f Or Oregon.
OMMISSION NO.461748 f:NO
n:s
EXPIRES SEPTEMBER 1 2015 My Commission eXpl
STATE OF OREGON )
ss.
County of- 1Xs U )
On this of , in the year 20 ; before me, a Notary Public, personalty appeared
personally known to me (or proved to
me on ras7s f sat isf ctory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and ackno ed that he (she, they) executed it.
WITNESS my hand and official seal
T1.4
Notary Public for Oregon.
My Commission expires: D C1'• Z9, I Zd~
STATE OF OREGON ) OFFICIALSEAL
sg BRUCE D MOON
0 NOTARY PUBLIC-OREGON
County of ) COMMISSION NO. 462428
MY COMMISSION EXPIRES OCTOBER 28, 2015
On this day of , in the year ,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:
Page 1 of 2
Exhibit "A"
Page 3 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:
Located in , Deschutes County.
Reason for road vacation request:
DATED this day of~ ► v 20J .
PRINT NAME _ SIGNATURE ADDRESS CITY STATE ZIP
i;c zt PoI ~1'4d'Y~z~ i~► ~-e~1L / IS e,,, t ~ _-7-76
STATE OF OREGON
ss.
County of
S r'
On this . day of V' the year 20~, before me, a Notary Public, personally appeared
I
AA i°C-- ' (0 ` 6 j rd 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
n
Notary Public for Oregon. l s
O IAL My Commission expires: 0~ • ! /
SL
BRUCE D MOON
f NOTARY PUBLIC-OREGON
COMMISSION NOEA.462428
MY COMMISSION EXPIRES OCTOBER 28, 2015 Page 1 of 2
Exhibit "A"
Page 4 of 4
STATE OF OREGON
County of
ss.
On this day of in the year 20before 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 )
ss.
County of Pe-rckA45S! )
On this _ZSday of , in the year 20 12; before me, a Notary Public, personally appeared
s M Q n~ 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.
WITNE my hand and official seal
ANDRE' IAL LL PERKS , p 62ie^- A -
NOTARY PUBLIC- OREGON Notary Public for Oregon.
20 J 3
COMMISSION NO. 437828 My Commission expires: discArA
MY CO KISSION S W 27 2013
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIINATURE I~A q77d/
ADDRESS
TELEPHONE: !54) .3/ 8- 9/114
Page 1 of 2
TES C Exhibit "B"
Page 1 of 3
MrA%AA
Road
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: February 28, 2012
SUBJECT: Vacation of a portion of the Cline Falls Highway within the Deschutes River Homesites
Subdivision, Rimrock Addition.
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 Road Department received a petition from James Dailing and Michelle Poirot; Scott Fraser and Chad
and Susan Bethers requesting that a portion of right-of-way located on Cline Falls Highway lying within
the Deschutes River Homesites Subdivision, Rimrock Addition be vacated. When this subdivision was
platted in 1961, Cline Falls Highway was under the jurisdiction of the Oregon Department of
Transportation (ODOT) and they required a 100 foot wide right-of-way width with additional right-of-
way dedicated to allow the installation of a frontage road. The purpose of the frontage road was to
consolidate the three lots into one access onto the highway versus one access per lot. This frontage road
was never built and in 1978, ODOT transferred jurisdiction of this road to the County. Because the
existing ground drops off from the edge of the pavement at a fairly steep grade, it would not be feasible to
build the cul-de-sac and the individual driveways do not cause a safety issue. The residents would like to
have the right-of-way vacated and returned to them as it causes problems with setbacks on the individual
properties.
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 2 of 3
Avion Water: No Response
Bend Broadband: No Response
Cascade Gas: No Response
Central Electric: Response from Pamelli Perkins dated February 21, 2012, "CEC is in favor of the ROW
vacation. "
Central Oregon Irrigation District: No Response
Laidlaw Water: No Response
Pacific Power: Response from Matthew Wurth, Operations Manager dated February 9, 2012, "Pacific
Power requests the retention of the noted right-of-way due to existing facilities that are located there.
Currently Pacific Power has a main 3 phase overhead line along with single phase lines, poles
transformers, and services. Please see the attached map of Pacific Powers facilities. Please give me a
call for further discussion. Thank you!" On February 23, 2012, I informed the petitioner, Chad Bethers
that the residents will have to work with Pacific Power to grant them an easement for any facilities they
may have in the right-of=way to be vacated. On February 24, 2012, I received the following e-mail
correspondence from Matthew Wurst, "My estimator went to the site and took measurements. Pacific
Power is ok with the vacation of the additional easement outside of the road R/W. " Based on this e-mail,
there will be no easement reserved for Pacific Power.
CenturyLink: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Bend Fire Department: No Response
Sisters Fire Department: No Response
Deschutes County Community Development Department: Response from Paul Blikstad dated
February 13, 2012, "Right of way does not appear to be needed. It appears that I or 2 of the adjacent
property owners have built fences within the right of way that will remain. This would seem to be a
problem, especially in the case of an accident. Additionally this would be an illegal fence under DCC
18.116.120(A) The Road Department has been in touch with the residents concerning the fence and
have written letters to all involved informing them that the fence is an illegal installation and that if there
is an accident, they could be liable for damages.
County Legal Counsel: No Response
Exhibit "B"
Page 3 of 3
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 not have to be retained on the right-of-way being vacated.
4. The vacation will allow the applicants to better utilize their property and also resolves any setback
issues that arose because of the right-of-way.
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. 2012 - 014 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 not be retained on the vacated property.
3. No opposition to the vacation is reported to the County prior to signature of Order No. 2012 - 014.
Vacation of Right-of-way in Deschutes River
Exhibit "C" Homesites. Rimrock Addition
rage 1 of 3 •
Right-of-way
to be Vacated
m
<N
S~
BEAVER•L•N
Locator iviap 0 200 400 600 800 Feet
Location of LL = r
Vacation W = m`~=
ado
oa
z RD
J
0
J
z
o~N-\V~y~o 20 = 1 f
Ben
Legend
- Road Centerlines
Printed: January 17, 2012
0Taxlots
Deschutes river
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, emissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, inducing the warranty of merchantability or fitness for a
particular purpose, accompanogthisproduct. However, notification
of any errors will be appreciated.
Deschutes County Road Department
wp
Gavted
er John Anderson GIS Specialist
1
LLLL Phone: 15 411 322-7 1 02
LL LL Emailjohna@co.deschutezor-
Address: 61150 SE 27th St
een4 OR 97702
P:\ArcGIS_Projects\Vacations\Cline Falls Highway
Exhibit "C"
Page 2of3
RIGHT OF WAY VACATION
The portion of additional right-of-way on the Cline Falls Highway as
shown on the official plat Deschutes River Homesites Rimrock Addition
in the SW 1/4 of Section 29 and the SE 1/4 of section 30, T16S R12E,
Willamette Meridian, Deschutes County, Oregon, and being more
particularly described as:
All of the portion of additional right of way along Cline Falls Highway in
lots 31, 32 and 33 of the plat of Deschutes River Homesites Rimrock
Addition lying easterly of the easterly 50.00 foot right of way line of said
Cline Falls Highway.
Sun Country Engineering & Surveying, Inc.
U
x
w
M
qAA
rnwcc",; ° z
Z
° °
~
a Coll °
z z Cjp
=3 O ~'►d•~.d. E°-E U
LB
z M
O77
~dG OE-rV
PEW
7 VJ QQ
ww
~ wAw °
OAOU~
r a
CIO
G7
a
0
a~
O
N
J
O
a
` r
N
on
CL
a°
s
°a
m
w
M
U Ix
z it
a
Mo
s
a~
1+-n
M
~Q~
M(9LLn
C
l
m
~Wz LLI OnI
W
HINZ0
w F,
0~Z
J
coo
W'mC
W
AW
ZZ
3adW
.
.
2.F
OUtom
U
ONtom
0 ~60 m
S
z
.
1J
N)
N
N
N
N
O
O
O
0
O
l
n
e
3E
HINON
M ~
Ise F-
N
M pe)
M
J E
5 ~
~i
Z m
~s
d
D~
4
a°
zco
co
I
co
z
~z
wx
~ a
CQ
O
O
Z z
~ o
KA
a
W o
zQ
z
w
C'3 W
z
W
~ o
E-
z~
o~
w
z~
~CQ
EXHIBIT "D"
VESTING OF VACATED RIGHT-OF-WAY
LOT 33
DASHED LINE _
RIGHT OF WAY LINE
LINE A";
TO BE VACATED
LOT 32
s LINE B
b
LOT 31
75'3 ~ f~
ACCORDING
TO THE DESCHUTES COUNTY
CARTOGRAPHER, ONCE THE
VACATION IS
COMPLETE THE PROPERTY LINES WILL BE
EXTENDED AS FOLLOWS:
LINE A WILL
EXTEND FROM THE PLATTED
CORNER COMMON TO LOTS
32 AND 33 IN
A STRAIGHT
LINE TO THE RADIUS OF THE CUL-DE-SAC BULB.
LINE B WILL
EXTEND FROM THE PLATTED
CORNER COMMON TO LOTS
32 AND 31 IN
A STRAIGHT
LINE PERPENDICULAR TO THE EAST RIGHT-OF-WAY LINE
OF THE
CLINE FALLS
ROAD (HIGHWAY).
I