2013-948-Order No. 2013-020 Recorded 5/31/2013,,REVIEWW D
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2 a
LEGAL C UNSEL
DESCHUTES COUNTY CLERKDS CJ X013.948
NANCY
COMMISSIONERS' JOURNAL 05/31/2013 08;09;10 AM
[III 1111111111111111111111111
33-!
-Far Recoff-ing Stamp OnTy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of Camp
Polk Road located in Deschutes County,
Oregon,
ORDER NO. 2013-020
WHEREAS, proceedings for vacating a portion of Camp Polk 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. 2013-020
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That utility easements shall be reserved upon the vacated parcel for
existing utilities per Documents 2013-18554 and a document to be recorded in favor of
CenturyLink
Section 5. 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 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 7A 4A of 2013
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
0a"_ U4,11-
ALAN UNGER, Chair
- d&~4 J
TAMMY BANEY, Vice Chair
ANTHONY DEBONE, Commissioner
Page 2 of 2 - ORDER NO. 2013-020
EXHIBIT "A"
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: A Pck u1& lof 1 p a 4v~-E~J
An_ r A. _ 0. 1 11 .01 nn 1. %Pc ei r- A I n is c J W vrvi Ih(.t--+w,4,j
Located in
Deschutes County.
Reason for road vacation request: VIZ yog:a'' OeeA•e
DATED this "/day of -120 -Arrij PRINT NAME
SIGNATURE
ADDRESS CITY STATE ZIP
STATE OF OREGON
55.
County of )
On this day of in the year 201 before me, a Notary Public, personally appeared
personally known to me (or proved to
me on the sis of satisfactory evidence) to be the personKwhose name~qj is(A1C subscribed to this
instrument, and acknowledged that he (4, tt)o) executed it.
WITNESS my nda and official seal
Notary Pub V for Oregon.
My Commission expires: S
OFFICIAL SEAL
MISTY M CRAM
NNOTAR
Y PUBLIC- OREGON
CDNMM~I55ION N]A U4Y~5 1o r Page 1 of 2
EXHIBIT "A"
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
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
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:.
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATU
ADDRESS
TELEPHONE: - 7 !
Page 1 of 2
~J-rES c Exhibit "B"
p A AA"A Road Department
/ 61150 SF 27th St. • Bend, Oregon 97702
,,r.~' (541) 388-6581 • FAX (541) 388-2719
ENGINEER'S REPORT
TO: Board of County Commissioners
l`R.OM: George Kolb, County Engineer, Deschutes County Road Department
DATE: May 20, 2013
SUBJECT: Vacation of a portion of Camp Polk 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.
13ac r~g ound:
In 1996, Aspen Lakes Development, LLC applied for a subdivision application with the Deschutes
County Community Development Department for Phases II IV for the Golf Course Estates at Aspen
Lakes Subdivision ('1'11-96-873). One of the Conditions of Approval for this subdivision was that the
developer realigns and provides a left turn refuge lane on Camp Polk Road at its intersection with
Highway 126. The developer completed this requirement but as a result of the realignment, the old right-
of-way for Camp Polk Road remained in place and has since become an area where people are using it to
sell cars and other wares to the general public. The developer would like to have the area vacated and
returned to him so he can landscape it and stop the use of the area by the public. In looking through the
subdivision file, there was correspondence between the Road Department and the developer concerning
this vacation and the Road Department agreed to go through the vacation process on the right-of=way
since the developer bad dedicated and improved the intersection alignment.
"l•hc 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"
Bend Broadband: Received a phone call from Bend Broadband indicating that they did not have any
facilities within the right of way to be vacated.
Cascade Gas: No Response
(ventral Electric: Response from. Parnelli Perkins dated March 23, 2013, "CEC ha.s.facilities in the area
of the proposed vacation and is requesting an easement be reserved. " On March 24, 2013, 1 informed
the petitioner, Matt Cyrus that he will have to work with CEC to grant them an easement for any
facilities they may have in the right-of-way to be vacated.
May 10, 2013: A letter was submitted to the County from CEC by Parnelli Perkins, Land and Right of
Way Specialist stating, "Since the recordation of the attached Central Electric Cooperative Power Line
Easement 92013-18554 dated 0510612013; Central Electric Cooperative is favorable to the right of way
vacation. "
Central Oregon Irrigation District: No Response
Laidlaw Water: No Response
Pacific Power: No Response
PGT: No Response
CcnturyL,ink: Response from Lynn Smith, Right-of=way Manager, "At this time we have no issues with
the proposed vacation provided provisions are made to retain our rights by either a PILE or private
easement to cover our existing & future facilities, the preservation of our rights is imperative. " On
March 26, 2013, I informed the petitioner, Matt Cyrus that he will have to work with CcnturyLink to
grant them an casement for any facilities they may have in the right-of-way to be vacated.
May 17, 2013: I received an e-mail from Lynn Smith, CenturyLink Right of Way Manager, "We have
been working with Matt Cyrus regarding an easement for the CenturyLink facilities in the vacation area.
We currently have an agreement and am working with Matt to finalize with the original document. I feel
we have what we need in this situation to cover CenturyLink when this area is vacated. "
Squaw Creek Irrigation: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Cloverdale Fire Department: No Response
Deschutes County Community Development Department: Response from Paul Blikstad dated April
12, 2013, "1 don't see any issues with this. "
ODOT: ODOT responded with the letter attached as Exhibit "1" to this Engineers Report. They are in
favor of the vacation and but are keeping the option open for the future dedication of right of way along
Exhibit "B"
I lighway 126 by the applicant for turn lanes at this intersection per Condition of Approval. Number 14
from the Findings and Decision for TP-96-873.
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 has been
accomplished through Document 2013-18554 for Central Electric Cooperative and a document to
be recorded after the finalization of the vacation for CenturyLink.
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
I)cpartment recommends that the Board approve the vacation of the parcels as described in the attached
Order No. 2013 - 020 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).
5. A utility easement will be retained on the vacated property per documents 2013-18554 (Central
1-electric Cooperative and a document to be recorded after the finalization of the vacation for
CenturyLink.
2. No opposition to the vacation is reported to the County prior to this meeting.
Oregon
John A MWiaher, MD., Gawaunor
Department of Transportation
District 10 Office
Exhibit "1" 63055 N. Hwy 97
Page 1 of 1 Bend, OR 97701
(541) 388-6192
FAX: (541) 388-6022
April 23, 2013
Deschutes County Road Department
Attn: Sheila Odle
61150 SE 27th Street
Send, Oregon 97702
Pr ,
RE: Vacation of a portion of Camp Polk Road
The Oregon Department of Transportation appreciates the opportunity to comment on the
County's intent to vacate a portion of Camp Polk Road to Aspen Lakes Development LLC.
ODOT has no immediate concerns with the County's proposed vacation. Nonetheless, because
there is a strong possibility that growth in background traffic or future development in the area
may require the need for roadway improvements at the intersection of Camp Polk Road and
Highway 126, ODOT will continue to rely upon the approval criteria in the Deschutes County
Community Development Department's Findings and Decision for TP-96-873 which requires the
landowners dedication of right-of-way to the ODOT.
Specifically, ODOT would like to draw the County's and Aspen Lakes Development LLC
attention to the Conditions of Approval, number 1.4, located on page 12 of the decision, which
states:
"Developer shall meet the following Deschutes County Road Department and ODOT
recommendations regarding the Camp Polk/Highway 126 intersection: (b) Developer
shall dedicate right of way along Highway 126 for the widening of this highway to
include a left turn lane for east bound traffic and a deceleration lane for west bound
traffic attempting tc turn onto Camp Polk Road."
Thank you again for the opportunity to comment on the proposed vacation of a portion of Camp
Polk Road. Please do not hesitate to contact me with any questions or concerns you may have
regarding this correspondence.
Rick illiams
Assistant District Manager
EXHIBIT "C'
Pale 1 of 3
ApDITTONAL R/W
PER DEED VOLUME
4%, PAGE 589
0090
S76"1IN05W
SOUTHERLY POINT OF
CURVE "C2" GOLF
COURSE ESTATES AT
ASPEN LAKES PHASE I
^)F 80.00' Nto
p•
FOUND 3-1/4" BRASS CAP IN
MOUND OF DIRT AND STONE
ALL CAMP POLK ROAD RIGHT OF
WAY LYING EASTERLY OF THIS
BOUNDARY IS TO BE VACATED
;rte
C3 - ENTIRE CURVE
PC to PT
R=340.66' C4
L=170.91' PC to POC
Taxi=87.29 R=340.66
A--28°44'42" L=155.79'
Chord: N10°31'57"W Tan=79.28
169.12' A=26°12'06"
TAX LOT 15-10-01 4800 Chord: Nl1'48'15"W
154.43'
TRACT A C5
GOLF COURSE ESTATES AT ASPEN POC TO PT
LAKES PHASE I 340.66'
L-15.12'
Tan--7.56
A=2°32'36"
Chord: N02034'06"E
15.12'
EXISrrNG Hwy. R,W
TRACT B**:
THIS IS AN ISLAND OF UNDEDICATED LAND
WHICH WAS A PORTION OF "TRACT A" OF
"GOLF COURSE ESTATES AT ASPEN LAKES
PHASE I" PRIOR TO THE REALIGNMENT
DEDICATION PER VOL. 496 PG, 589.
ASSESSOR'S MAPS SHOW IT NOW BEING A
PORTION OF TAX LOT 15-10-014800
PC
n
O
0t
`HATCHING AREA TO BE
VACATED
0.33 ocraa
TAX LOT 15-10-014800
PT a
1\VJ
22. 2.76'
6' i
a ~
s ~
S25032'39"E 6.93' QS81 "Ogg„E
m
TRACT D
GOLF COURSE ESTATES AT
ASPEN LAKES PHASE I
LULl
EXISTING HVY. Riw
120.54'
HIGHWAY 126 ~ I ~-TERMII
POINT
• = FOUND MONUMENT
EXISTING HWY. R,w
PC -POINT OF CURVATURE
POC -POINT ON CURVE ALL CAMP POLK ROAD RIGHT OF
PT -POINT OF TANGENCY WAY LYING NORTHERLY OF THIS
BOUNDARY IS TO BE VACATED
EXHIBIT A SKETCH - CAMP POLK ROAD VACATION
IOCATED IN THE SE1 4 SW1 4, SEC. 1 T15S, R10E, W.M., DESCHUTES COUNTY, OREGON
DESCHUTES COUNTY ROAD DEPARTMENT SCALES 1"-80' DRAWN BYs WS DATES 4/10/2013 SHEET
61150 S.E. 27TH STREET BEND OR. 97702 FILES Wblb-CAMF - . w 1 OF 1
knmiects W616-CAMP POLK ROAD dw9\W616-CAMP FOLK-LEGAUZATION.dwg 04/10/201 ;
S29°37'03"E 46.70'
POINT OF
BEGINNING
HINDMAN ROAD WAS ESTABLISHED IN 1931. NO
ORIGINAL MONUMENTATION WAS RECOVER FOR THIS
ROAD. CALCULATIONS PUT THE 1931 CENTERLINE
APPROXIMATELY AT THE SAME LOCATION AS THE
CENTERLINE OF CAMP POLK ROAD PER THE PLAT OF
"GOLF COURSE ESTATES AT ASPEN LAKES PHASE I".
THE INTENT OF THIS VACATION IS TO ALSO VACATE
ANY PORTION OF THE 1931 HINDMAND ROAD LYING
EASTERLY AND NORTHERLY OF THE LINE DESCRIBED IN
EXHIBIT A
EXHIBIT "C'
Pasae 2 of 3
VACATION OF A PORTION OF CAMP POLK ROAD
A portion of right of--way lying in the SE1/4,SW1/4 of Section 1, Township 1-5-South, Rang-e-10 East,
W.M., Deschutes County, Oregon, being a portion of the platted right-of-way of Camp Polk Road as
shown in that 1991 plat of "Golf Course Estates At Aspen Lakes Phase I" filed at the Deschutes County
Surveyors office as CS07308 and a portion of the 1931 Hindman Road alignment shown on the map filed
at the Deschutes County Surveyors Office as RD02100, lying Northerly and Easterly of the following
described line;
Commencing at a 3-1/4" brass cap in a mound of dirt and stone at the southwest corner of said
Section 1, thence N76-14'00'E 2009.87 feet to a 5/8 inch smooth iron rod monumenting the
southerly point of curve "C2" on the easterly right of way of said Camp Polk Road as shown on
sheet 4 of said survey CS07308; thence S29"37'03"E 46.70 feet along said easterly platted right-
of-way to the Point of Beginning, thence leaving said platted right-of-way S24°S6'10"E 156.18
feet, parallel with and 80 feet easterly of the westerly right-of-way dedicated in Volume 496,
Page 586 Deschutes County Official Records, thence 170.91 feet along the arc of a curve to the
right with a radius of 340.66 feet and a long chord which bears S10°31'57"E 169.12 feet to a 5/8
inch rebar with yellow plastic cap marked "D.E.A. INC."; thence S03'56'25"W 22.76 feet to a 5/8
inch rebar with yellow plastic cap marked "D.E.A. INC."; thence S2S'32'39"E 54.14 feet to a 5/8
inch rebar with an illegible yellow plastic cap; thence continuing S25'32'39"E 6.93 feet to the
Northerly right-of-way of Highway 126; thence along said Northerly right-of-way S81°08'04"E
120.54 feet to a 5/8 inch smooth iron rod, the Terminus Point of this description.
Bearings are based upon the Deschutes County Coordinate System (COCS).
This parcel is depicted on the attached map as titled "Exhibit "A" Sketch" which is incorporated herein
by this reference.
REGIS TEPI=D
PROFESSIONAL
LANC) S,.IiV`c' R
f
AS
L ZJX spas
LJ. BE- i AY
NALDATe iii/3
1:\CAD\Projects\W616-CAMP POLK ROAD\Docs\Vacation of a portion of Camp Polk Road.docx
4/10/2013 1:11 PM mjb
Camp Polk Road Vacation
EXHIBIT "C
Pane 3 of 3
Right-of-way to
be Vacated
1
Locator Map
2
SISTERS
126
a
W 0
O
Location of
Vacation 20 U w
U 200 400
Printed: March 14, 2012
The infiormation on this mrp wen derived hum die tl databases an
Deschutes CouWs G.I.S. Can was taken In the creation of this
ni p, but it is provided 'as is'. Desehtdas Cownty snort accept any
"I"11-dbility for arras, ont WorA , or posManal accuracy 1n the digital
data or tiro underlying records. Thera are no warranties, eats or
inplled, includkg the warranty d merehantahiBry ar tihtesa fa a
particuiar purposa, accatrpanying this pr"cL Wowever. nodrtcidar
of arty ona W it be appreciated.
CP
If,
600 Feet Legend
Q Area to vacate
' Milepost
State Highway
Road Centerlines
Taxlots
John Anderson, GIS Analyst
Phone: (541) 322.7102
WON Emil: John.' 'ndersonGdeschutes-Org
sirs Addrew: 61150 SE 27th St
Bend OR 97702
Road Department
P:WrcGIS_Projects%W atlonslCamp Polk)