2014-238-Order No. 2014-009 Recorded 5/8/2014 REVIE 7T4t4' DESCHUTES
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NANCY BLANKENSHIP,F RECORDS COUNTY CLERK 014.10491
1111111 LEGAL COUNSEL I1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIII NO FEE
00940427201400104910090090 44/08/2014 10:48:56 AM
D-V Cntml Stn.25 CLERK
This is a no fss document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating all of the Portion of
Lower Bridge Road (aka Lambert Road) * ORDER NO 2014-009
as shown on Partition Plat 2009-01 *
located in Deschutes County, Oregon, *
WHEREAS, proceedings for vacating all of the Portion of Lower Bridge Road (aka
Lambert Road) as shown on Partition Plat 2009-01 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.
DESCHUTES
CLERK
CJ 7014.238
COMMISSIONERS' JOURNAL 05/08/2014 01:07:28 pM
Page 1 of 2-ORDER NO. 2014-009 11111111111111111111111111111
2014-238
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).
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 " of
jiitze
2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
C--- VD-A/LILY
TAMMY BANEY, C
alAZ911 --
ANTHONY DEBONE, Vice Chair
ATTEST:
(12&(1444U)-' (61`-'141A aletAk (1141AA---
Recording Secretary ALAN UNGER, Commissioner
Page 2 of 2—ORDER NO. 2014-009
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: Ali 71Ae poi 7110-)-1 671 .14 Z o we 5.)4c. r o.oQ
e.k4 Lww, 6G.-74-/Zaa0C) Slt0L..?Le, 0 V fR,-- r7f4L.:aI P/aI d/ P /174!-� P/4_7 2ooc/—/
//y/ny w,Ihrl-, Sa %,0(
Jar7l74 o� /7/4-/- ZvoJ — / i ¢kce8)�1H y fh 5� 0 `
S/ ,1'1 6�.-Y T 4 ; h 7</.2 A--) y h-7/—0T/—c--A S 0/ -E 43 e-4/ !v X 4 V
Located in SE- I,/4.- o/ ,SQ'-.t". " , Deschutes County.
/4• , i/1-5 , , ./ . E
Reason for road vacation request: /2 0 G of CI-0_55(E S �`i r cA. a/l v
i'e 7'c/es/4 n !9 w ez-c r f S p r-0 �-t- i a S g.t.e h / h
Oil LSL b1,- evti, / 0c) yQU• ,.s,
DATED this /37---4 day of /-->°br,cta r'c,� 20 /3 .
PRINT NAME SIGNATUR ADDRESS CITY STATE ZIP
1 �i 23 S � 3v
S L��v�S �}ve r�L ror1/k."c/ d/Z
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STATE OF OREGON )
) ss.
County of Mk/ht oho,/-- )
On this /�� day of ilhruairy , in the year 20/3 , before me, a Notary Public, personally appeared
Lt`s /e 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, they) executed it.
WIT SS my hand official seal
j
( d, 1)
'. 4 OFFICIAL SEAL Notary Public for Oregon.
r v, SANDY D HALL My Commission expires: //-v`f-�J(6
v:v°/ NOTARY PUBLIC-OREGON
COMMISSION NO.471601
MY COMMISSION EXPIRES NOVEMBER 04,2016
Page 1 of 2
Exhibit "A"
2 of 2
STATE OF OREGON )
) ss.
County of )
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 )
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 )
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 RCULATED BY ME.
SIGNATURE /L ./S F L a'A.- a
2 3 S , /Id v2 y- . -+v0 / arc-
/
ADDRESS ¢
TELEPHONE: c/2- — ,$-0 —l/ `1 Z
Page 1 of 2
Exhibit "B"
Page 1 of 3
0-C ES
oidoefoci, Road Department
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: March 24, 2014
SUBJECT: Vacation of all of the portion of Lower Bridge Road (aka Lambert Road) as shown
on Partition Plat 2009-01 Located in Deschutes County, 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 approached by Luis Elenes, owner of tax lot 141314D000100
concerning the vacation of the portion of the 1909 Lower Bridge Road (aka Lambert Road) that
is located on his property. This right-of-way bisects his property and he would like it vacated to
better utilize his land as the right-of-way could affect set-backs for future structures on his
property. Base on the property having frontage on NE 43rd Street, Smith Rock Way and Wilcox
Avenue, the Road Department determined that there is no future need for this right-of-way for
road purposes.
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.
Exhibit "B"
Page 2 of 3
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: No Response
Terrebonne Water: No Response
Deschutes County Legal Counsel: No Response
Deschutes County Community Development Department: Response from Paul Blikstad dated
February 28, 2014, "This looks like a very needed road vacation. "
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. 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-way to the tax rolls 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. 2014—009 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
Exhibit"B"
Page 3 of 3
2. No opposition to the vacation is reported to the County prior to this meeting.
3
EXHIBIT"C"
Page 1 of 1
Vacation of a Portion of the 1909 Lower Bridge Road (AKA Lambert Road)
All of that portion of the 1909 Lower Bridge Road (AKA Lambert Road),
as established on July 20, 1909 in Crook County Commissioner's
Journal 4 Page 321, lying within the boundary of the Official Plat of
Partition Plat 2009-1, excepting therefrom those portions of said 1909
Lower Bridge Road lying within the rights-of-way of NE 43rd Street and
Wilcox Avenue.
PARTITION PLAT NO. .o_o
DESCHUTES COUNTY PARTITION NO. MP-08-1
A 56.70 ACRE PARTITION LOCATED IN THE SE1/4 OF' SECTION 14,
T24S, R13E, W.M., DESCHUTES COUNTY. OREGON
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i hS 71-2832.02 7 PORTION PARCEL I
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~' . a4` Road(AKA Lambert Road) , P
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ANU EXACT COPY OF THE CRIGINA$.PLAT A- PARCEL t000NTAINS 50.355 AC.NET(EXCEPTS 4
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. Vacation of a Portion of Lower Bridge Road ( AKA Lambert Road )
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EXHIBIT"C"
Page 1 of 2
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JEFFERSON
Location of Legend
Vacation = Lambert
I Printed: February 26, 2013 Road Centerlines
--- — --- —"�` Taxlots
1 �
' �� The information on this map was derived from digital databases on ES John Anderson,GIS Analyst
C_ _�� 3 rJ i CROOK Deschutes County's G.I.S. Care was taken in the creation of this • �J Phone:(541)322-7102
__�_■ I map,but it is provided"as is". Deschutes County cannot accept any ms 0G :' 2 Email:john.ande son@deschutes.o y
responsibility for errors,omissions,or positional accuracy in the cigital r I I� Address:61150 SE 27th St
data or the underlying records. There are no warranties,express or !Y < send,OR 97ioz
REDMOND implied,inducing the warranty of merchantability or fitness for a �/7
r particular accompanying product. Department J of purpose,aaom in this odud. However,notification Road De artment
of any errors will be appreciated.
P:WrcGIS_ProjectsWacations\Lower Bridge