2012-1717-Order No. 2012-032 Recorded 7/31/2012REVIEW DESCHUTES OFFICIAL RECORDS
NANCY BLANKENSHIP,COUNTY CLERK
COMMISSIONERS' JOURNAL 01/31/2012 08;04.34 AM
LEGAL CO SEL IIIII~II I IAIII~II~IIII~IIIII
2012•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating an Alley in Block 15
between 4t" Street and 5t" Street in the
Laidlaw Subdivision (Tumalo) in
Deschutes County, Oregon, Oregon,
ORDER NO. 2012-032
WHEREAS, proceedings for vacating an Alley in Block 15 between 4t" Street and 5t"
Street in the Laidlaw Subdivision (Tumalo) 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.
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Page 1 of 2 - ORDER NO. 2012-032
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) (d).
Section 5. That the parties understand that the Tumalo Town District
Improvement Co. easement shall remain in place and not be affected by this vacation.
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 day of 12012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
?6ein
ANTHONY DEBONE, CHAIR
ATTEST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
ALAN UNGER, VICE CH IR
31 TAMMY BAN , COM ISSIONER
Before me, a Notary Public, personally appeared, ANTHONY DEBONE, 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.
DATED this day of
RONIE LEE BAKER
Page 2 of 2 - ORDER NO. 2012-032
OFFICIAL REAL
NOTAR NY N PUBLIC-OREGON
COMMISSION NO. 456987
MY COMMISSIQN EXPIRES FSBRUARY23 2015
2012.E
NOTARY PUBLIC FOR OREGON
My Commission Expires: 2d
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: -1-L- OF- ` rtl ~4}lt1 240 "0
7.,,R
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t~5c~~7'C~s CocJ til`~ O IP~Go
Located in , I ~e - I'Z - '~S I , , Deschutes County.
Reason for road vacation request: -A.. "n P„2-102 l-r(L~S
s,-
DATED this d y of"
,,,PRINT NAME
County of
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20
DRESS
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CITY F .'STATE ZIP
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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:.
Page 1 of 2
.Per
Exhibit "A"
2of2
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
ss.
County ofG! )
On this day of M
, in the year 2017-, before me, a Notary Public, personally appeared
Veayqq~ C
personally known to me (or proved to
me on the basis of satisfactory evide
nce) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WIT my hand and official seal
OFFICIAL SEAL
BRUCE D MOON
NOTARY PUBLIC-OREGON
COMMISSION No. 462428
2015
MY COMMISSION EXPIRES OCTOBER 28
Notary Public for Oregon.
My Commission expires: DC 2
,
STATE OF OREGON )
ss.
County of PSC 7 rl~PS )
71,
On t ' day of
in the year 20before me, a Notary Public, personally appeared
C
! 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 h
e (she, they) executed it.
WITNES my hand and official seal
OFFICIAL SEAL
BRUCE D MOON
Notary Public for Oregon.-
NOTARY PUBLIC-OREGON
My Commission expires:
COMMISSION NO. 462428
MY COMMISSION EXPIRES OCTOBER 28, 2016
I CERTIFY THAT THIS IS THE TRUE AND ORl
OFFICIAL SEAL
BRUCE D MOON
NOTARY PUBLIC-OREGON
COMMISSION NO. 462428
MY COMMISSION EXPIRES OCTOBER 28, 2015
L PETITION CY(4k~TED)gY AE.
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Page 1 of 2
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EXHIBIT "B"
Pagel of 3
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 11, 2008
SUBJECT: Vacation of an Alley in Block 15 between 4th Street and 5th Street in the Laidlaw
Subdivision (Tumalo)
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.
Back Jr ound:
Deschutes County received a petition from Frederick Cronin and Deanna Clark to vacate an alley located
in the Laidlaw Subdivision (Tumalo). The alley lies within Block 15 of the subdivision and is further
described as running in a north-south direction between Bruce Avenue on the east and Wood Avenue on
the west. The alley is bound by 4th St. on the north and 5th St. on the south. The location of the alley is
shown on attached. Exhibit r
There are no roadway improvements located in the alley which is vacant and has never been open to
traffic as far as we have been able to determine. From evidence on the ground, no above ground or
overhead utilities exist within this section of alley. There is an irrigation line owned and operated by the
Tumalo Town District Improvement Co. that traverses the property. They are not opposed to the vacation
as long as their easement is retained. The alleys both to the north and south of this parcel have also been
vacated.
The applicants have requested the vacation because they are planning on developing the property and the
vacation is a hindrance to their proposed plot plan. This small segment of alley right-of-way proposed for
vacation has not been utilized for roadway purposes and Deschutes County has no need for the right-of-
way for future transportation purposes.
Quality Services Performed with Pride
EXHIBIT "B"
Page 2 of 3
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:
Arnold Irrigation: No Response
Avion Water: No Response
Bend Broadband: No Response
Cascade Gas: No Response
Central Electric: No Response
Central Oregon Irrigation District: No Response
Laidlaw Water: No Response
Pacific Power: No Response
PGT: No Response
CenturyLink: Response from John Unverferth, Qwest right-of-way agent dated 6/20/2012 "This letter is
in response to the notice for the above referenced proposal. Please be advised that Qwest Corporation
dba CenturyLink QC currently has NO facilities in the area addressed by this action, and has no
objections to this proposal. "
Squaw Creek Irrigation: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Tumalo Town District: Response from Nena E. Close, Secretary, "'Tumalo Town District Improvement
Co, has an easement.for lateral ditch, which crosses underneath Wood Avenue and flows as an open ditch
through lots 7 12. We understand that a portion of the ditch will be piped by the owner. Currently
there are no water rights on lots I - 12, Block 15; the ditch,/lows thru it to provide irrigation to lots 13 -
24. "
Bend Fire Department: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, CDD, "The
alley does not appear to physically exist. There is no reason to keep it. "
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 have to be retained on the right-of-way being vacated. This is an existing
easement for Tumalo Town District Improvement Company and will not be affected by the
vacation.
4. The vacation will allow the applicants to better utilize their property for future development.
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 032 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)(d).
2. A utility easement will be retained on the vacated property. This is an existing easement for
Tumalo Town District Improvement Company 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. 2012 - 032.
Exhibit "C"
Page 1 of 2
Legal Description
Vacation of the Alley in Block 15 of the Townsite of Laidlaw (Tumalo)
All of the alley in Block 15 as shown on the official plat of the Townsite of Laidlaw
recorded and filed in Cabinet A, Page 38 of the plat records in the office of the County
Clerk, Deschutes County, Oregon
C:\Users\Kolb\AppData\Local\MicrosoMWindows\Temporary Internet Files\ContentOutlook\KOZHFWAV\aidlaw Alley
Vacation.doc
Exhibit "C"
Page 2 of 2
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