2013-1223-Order No. 2013-050 Recorded 11/19/2013REVIEW D
LE AL CO SEL
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS
COMMISSIONERS' JOURNAL 1111912013 09;38;52 AM
II II III IIIVIIIIIIIIIIIIII
21-1 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of 18th Street
located in Terrebonne, Oregon ORDER NO. 2013-050
WHEREAS, proceedings for vacating a portion of 18th Street located in Terrebonne,
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. 2013-050
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 entirely with
the rightful owner of tax lot 141316DD00417, in accordance with ORS 36$.366(2).
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.
f~
Dated this / 13 of , 2013
ATTEST:
&Lll~' &-k~
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN 7UNGER, Chair
TAM , Vice Ch
ANTHONY DEBONE, Commissioner
Page 2 of 2 - ORDER NO. 2013-050
Exhibit "A"
1 of 2
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
the undersigned (holding recorded interest or abutting the proposed property or owning
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improvements constructed on the proposed property for vacation), respectfully request a following
E>~ f~C- fix "
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described road be vacated.
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Located in
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Reason for road vacation request:
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20/3
DATED this / ~1'3 day of
PRINT NAME
ADDRESS
s}
CITY STATE ZIP
STATE OF OREGON j ss•
County of )
in the Year 20 V7, before me, a Notary Public, personally appeared
On this day of personally known to me (or proved to
e (s) subscribed to this
d
me on the basis of satisfactory evidence) t be theeperson(s) eetwhose nam(s)
instrument, and acknowledged that he (she, they)
ES .a d official seal
1 _
OFFICIAL SEAL Notary Public for Oregon. A 0[U `V,Yd 2 VI
STACEY M DAVIES My Commission expires: /U~ ~P
NOTARY PUBLIC- OREGON
MY CCMCKISSIONSBE»A COMISSION NO 47262
Page 1 of 2
Exhibit "A"
2of2
STATE OF OREGON j ss.
County of )
` , i the year 203, before me, a Notary Public, personally appeared
O his ~ I °-day of personally known to me (or proved to
e -the person(s) whose name(s) is(are) subscribed to this
me on the ba~ of satisfactoryd that he (she, they) cuted it. _
Instrument, and acknowledge WIT an and 9 seal
o ary Ic for Oregon. /
My Commission expires:
OFFICIAL. SBAL
gAMDI K S7EWAR'F
SS. NOTARY PUBLIC - OREGON
STATE OF OREGON j
COMMISSION NO. 4151
MY COMMISSION EXPIRES MARCH
County of
in the year 20_, before me, a Notary Public, personally appeared
On this day of personally known to me (or proved to
the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this
me on
instrument, and acknowledged that he (she, thWIT executed NESS it.
my hand and official seal
Notary Public for Oregon.
My Commission expires:.
STATE OF OREGON 1 ss.
County of I
in the year 20,, before me, a Notary Public, personally appeared
On this day of personally known to me (or proved to
evidence) to be the person(s) whose name(s) is(are) subscribed to this
me on the basis of satisfactory executed it.
instrument, and acknowledged that he (she, thWITNESS my hand and official seal
Notary Public for Oregon.
My Commission expires: .
I CERTIFY THAT THIS IS THE TRUE AND OR IN' L PE 10 IRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE: A. ~J~?7lei 92
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Page 1 of 2
JTES c
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Exhibit "B"
Page 1 of 3
Road Deoartment
61150 SE 27th St. • Bend, Oregon 97702
(541) 3BB-6581 • FAX (5411388-2719
ENGINEER'S REPORT
,I'O: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road. Department
DATE: October 28, 2013
SUBJECT: Vacation of a portion of a portion of 18th Street in Terrebonne, Oregon
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 was contacted by property owners James and Stacy Rejzek concerning the vacation
of a portion of 18th Street in Terrebonne, Oregon. 'They are wanting to construct a shop building on their
property and because of the existing layout of the house and drainfield, they are limited to where the shop
can be located. The only spot available would not meet Community Development Department setback
requirements therefore they would like to vacate the right of way to gain the additional property to meet
those requirements. The property owner to the west, Assembly of God Church is in favor of the vacation
but they do not want to have any property transferred to them so the Order for the vacation will state that
all the vacated property will reside with the Rejzek's (tax lot 141316DD00417). This entire right of way
of 18th Street is located along a steep rim and because of the steep grade of the existing ground, there is no
possibility of a road ever being constructed in this location. Since there is no possibility of constructing a
road in this area, the applicants would like to vacate the right-of-way to allow them better utilize their
property.
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:
Quality Services Performed with Pride
Exhibit "B"
Page 2 of 3
Bend Broadband: No Response
Cascade Natural Gas: No Response
Central Electric Co-op: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
CenturyLink: No Response
Terrebonne Domestic Water District: No Response
Redmond Fire Department: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, Senior
Planner, CDD, "This looks like a logical action to lake. The topography would not work for any kind of
access road".
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 portion of right-of-way being vacated is no longer needed for public roadway purposes
3. No utility easement will be required.
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. 2013-050 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2013-050
Exhibit "B"
Page 3 of 3
2. No opposition to this vacation is received by the Road Department or Board of County
Commissioners prior to signature of Order No. 2013-050.
EXHIBIT '"A"
EXHIBIT "C
Pace 11 ''of 3
IN
SKETCH OF A STREET VACATION, LOCATED
A PORTION OF 18TH STREET, HILLMAN,
TAX MAP 14 13 16DD,
DFSCHUTES COUNTY,
x 31
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OREGON
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(VACATED)
"B" AVENUE
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"A" AVENUE
STREET VACATION
TAX T.
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CONTAINS 13,756 Sq. FT.
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FOR
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(SEE EXHIBIT
Ti
402
LEGAL DESCRIPTION) ,
r REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 15, 1983
WILLIAM G" F3AHRKE i
2039
Renewal Date: ,12/31/13
PREPARED AUGUST 8, 2013
POVEY AND ASSOC. LAND SURVEYORS E;
0
P.O. BOX 131, REDMOND, OR 97756 SCA1,.L L 10
(541) 545-6778 13--104F-.DWG
" EXHIBIT "C
Pacie 2 of 3
EXHIBIT "B"
DESCRIPTION OF A STREET VACATION, LOCATED IN
A PORTION OF 18TH STREET, HILLMAN,
TAX MAP 74 13 1600,
DESCHUTES COUNTY,
OREGON
THE FOLLOWING LANDS LOCATED IN 18TH STREET. IN THE
PLAT OF HILLMAN, DESCHUTES COUNTY, OREGON:
COMMENCING AT THE NORTHWEST CORNER OF LOT 8, BLOCK 163,
HILLMAN, THE POINT OF BEGINNING; THENCE 589'53'57"W ALONG
THE PROLONGATION OF THE NORTH LINE OF SAID LOT 8 - 60.00
FEET TO THE EAST LINE OF BLOCK 160, HILLMAN; THENCE
S00" 14'28"E ALONG SAID EAST LINE AND ITS PROLONGATION -
229.20 FEET TO THE CENTERLINE OF "A" AVENUE, HILLMAN;
THENCE S89'53'35"E ALONG SAID CENTERLINE - 60.00 FEET TO
THE PROLONGATION OF THE WEST LINE OF SAID BLOCK 163;
THENCE NOD' 14'28"W ALONG SAID PROLONGATION AND SAID WEST
LINE - 229.42 FEET TO THE POINT OF BEGINNING.
THE SAME CONTAINING 13,758 SQUARE FEET.
A SKETCH OF THE STREET RIGHT-OF--WAY VACATION DESCRIBED
ABOVE IS SHOWN ON THE ATTACHED EXHIBIT "A", WHICH IS
HEREBY INCORPORATED BY REFERENCE.
REGISTERED
PROFESSIONAL
AND SURVEYOR
U /0°4 4
O R E G O ICJ L l-
JULY 15, 1983
WILLIAM G. BAHRKE
2039
Renewal Date: 12/31 /13
PREPARED AUGUST 8, 2013
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 731, REDMOND, OR 97756
(541) 548-5778 13-104F.DWG
Vacation o a portion of 18th Street
Locator Map
Location of
Vacation
Redmond
0 200 400
600 Feet
Legend
- Road Centerlines
Printed: October 10, 2013
a~ State Highway
+ Railroad
Taxlots
John Anderson, GTS Analyst
The information on this map was derived from digital databases an
Phone: (591) 322.7102
Deschutes County's G.I.S. Care was taken in the creation of this
a~,s°
Z Email: 1ohn.anderson0deschutes.or9
5E 27th St
Add~5! 61150
map. Deschutes County cannot accept arty responsibility for errors,
O
{ Bend, OR 9770
omissions, or positional accuracy and, therefore, there are no
18
warranties which accompany this product. However, notification of
Road Department
any errors will be appreciated.
P:\ArcGlS_Projects\Vacations\18th Street
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