2015-28-Order No. 2015-001 Recorded 2/9/2015 DESCHUTES
COUNTY CLERK
W �0��' �
NANCY
COMMISSIONERS ' JOURNAL 02/09/2015 08:43'02 AM
1111P111111111111111111 201 28
Do not remove this page from original document.
Deschutes Count y Clerk
Certificate Page
mci 0,44
1
COUNTY OFFICIAL
RE EWED NANCY UBLANKENSHIP, COUNTY CLERKS 2015.04290
LEGAL C UNSEL VIII II III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII III II NO FEE
009 337 01500042900150153
02/09/2015 10:19:59 AM
D-V Cnt.1 St,n.25 CLERK
This is a no fee document,
For Recording Mfamp Olily
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Right-of-Way Located
off of Tumalo Rim Drive, Dedicated on ORDER NO 2015-001
Volume 268 Page 34 and Volume 268 Page *
35 and Located in the Tumalo Rim
Subdivision in Deschutes County, Oregon,
WHEREAS, proceedings for vacating a right-of-way located off of Tumalo Rim Drive,
dedicated on Volume 268 Page 34 and Volume 268 Page 35 and located in the Tumalo Rim
Subdivision 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. 2015-001
Section 4. That utility easements shall be reserved upon the vacated parcel for existing
utilities per Documents 2015-00295 and Document 2015-00296 for Central Electric Co-op and
Documents 2015-02045 and Document 2015-02046 for Bendbroadband
Section 5. That the property, vacated in Section 3 herein shall vest in the owners of the
land abutting the vacated property by extension of the person's abutting property boundaries to
the center of the vacated property, in accordance with ORS 368.366(1) (d) and as shown on
Exhibit "D" attached hereto and by this reference incorporated herein.
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 eday of , 2015.
BOARD OF COUNTY COMMISSIONERS
OF DES CHUTES, COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST:
,�,, ��e , ALAN NGER, VICE CHAT
Recording Secretary
TAMMY BANEY, COM TONER
STATE OF OREGON )
)SS.
County of Deschutes )
Before me, a Notary Public, personally appeared, TAMMY BANEY, ANTHONY DEBONE,
ALAN UNGER, the above-named Board of County Commissioners of Deschutes County, Oregon,
and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED thise: day of A / , 2015.
4357/1444AL
*$1_:' OFFICIAL SEAL NOTARY PUBLIC FOR OREGQN �J �
', �. .moo
;•x."•-= BONNIE LEE BAKER My Commission Expires: ,
NOTARY PUBLIC-OREGON )
14,p, COIv1,",-11SS!ON NO.455987
I. MY COMM!SSI N F?;F 5 ''E8R UARY 23 2015
Page 2 of 2—ORDER NO. 2015-001
I
Exhibit "A"
1 of
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 _444.14 r-d-4-4.34%.y LODCA TKO 1 NJ 11UMc 0 41‘..t
utichuistov� w Sec-1104 13.17_0 b C_.
Located in , Deschutes County.
Reason for road vacation request: R•«NT. of- way 1s I. ic. .cam. NFL» Irov -
e?-r]on Av Pterposts
DATED this 1(7r' day of, (-3106.41- , 20 1-1 .
PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP
►4d 1 HdPy kyio3rAl ? BetiaL . 'R ,77e),/
2 ,�jitA-f e r r- - _ GI>raR r. 7_^g,W„dr. 1 c1 I
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&ilra ‘.1 .--3-a?( 4- c r G y ` 1 j d (eq ?1 "T;i'nalo tz;n, Or !3 ( OR grieI
21101l'
c:_, -.r't . C / ` \�' 1 c,, 17->e_v4 OR_. c(7?o i
STATE OF OREGON )
1- ) ss.
County of �\M S )
On th}"i C1 day of 0 1 _, in the year 20 )14, before me, a Notary Public, personally appeared
l__l, � A 6 Z,_u-Pi , personally known to me (or proved to
me on the basis of satisfactoey evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WITNESS a and an. ,i..s 'weal=
i ,,-, OFFICIAL SEAL � Notary -u.,—;X regon.
SKYLAR DANE BUSH
�`;,; COMMISSION N� REGO O My Come- i_'•n expires: I b/b /c
2 MY COMMISSION EXPIRES OCTOBER 05 2015 1)
Page 1 of 2
Exhibit "A"
2 of 2
STATE OF OREGON )
) ss.
County of )
On this 2-,CI y of , in the year 20 ,N, before me, a Notary Public, personally appeared
4 o�A- �0,k 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 an .s:_.:_ ;:--:1
=�• OFFICIALSEAL ��
1Oregon.SKYLAA DANE BUSH f — -
) " _ +' NOTARY PUBLIC-OREGON O) Nota Pub t •
1( `;, , COMMISSION NO.462439 ( ry
MY COMMISSION EXPIRES OCTOBER 05 20151, My Co)"" sion expires: /0/65/26 .5
STATE OF OREGON )
) ss.
County of -.4--rrf, )
On this cRc-7.day of c �:ch n the year 20LLA5efore me, a Notary Public, personally appeared
A- a'r-ea_ '\k /--7- 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
in :_ .-nt, anDOKIraicsoniged that he (she, they) executed it.
. '" WITN SS my hand and offici seal
�` 5- NANCY ANNE BAFIREL4
- ,- NOTARY PUBLIC•OREQON
�;; v COMMISSION NO.922051 x4:y e:2--0 - _ e 66-4?-, 2
MY COMMISSION EXPIRES NOVEMBER 12,2017 Notary Public for Oregon.
My Commission expires: /7-47--/
STATE OF OREGON )
) ss.
County of ' .12_ 0.4...d )
On this 3ei.,day of Oc-.to Ler , in the year 20 Ir{, before me, a Notary Public, personally appeared
0.4\/•(-V--. C..ct,(aN__e_L)',\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
in -nt and acknowledged that he (she, they) executed it.
:7111:;... OFFICIAL SEAL WITNESS my hand and official seal
ti. : KURTIS B BOWER ) �-�•r�
r _ NOTARY PUBLIC-OREGON { —7"Not Public for regon.
}, COMMISSION N0. 466600 My expires: „G, k2 Z�+\�,a
1 COMMISSIOND?1RES MARCH12 2016 9 M Commission ex ires: 1^
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
:I_/.� -____-
SIGNATURE/
,Z,- /M-," '1-71,.%,,,.,,11, -Z„v Jr (,5'1d, OI3 q77/5 I
ADDRESS
TELEPHONE: h`//- :44_3rl 2
Page 1 of 2
G`rJ s cCL
� Z:1,
p 69Nifj { Road Department
A
61150 SE 27th St. •Bend,Oregon 97702
(541)388-6581 •FAX(541)388-2719
Exhibit B
Page 1 of 3
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: January 14, 2015
SUBJECT: Vacation of a portion of a right-of-way located off of Tumalo Rim Drive, dedicated on Volume
268 Page 34 and Volume 268 Page 35, and located in the Tumalo Rim Subdivision.
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.
Discussion:
The Road Department was approached by Scott Baxter concerning the vacation of a strip of land in the Tumalo
Rim Subdivision located off of Tumalo Rim Drive. This strip of land was created on the 1977 Tumalo Rim
subdivision as a common area with a width of 50 feet. In 1978, the Tumalo Rim Property Owners Association
(TRPOA) dedicated this strip of common area to the public per deed Volume 268 Page 35. Two additional five
(5) foot wide strips were dedicated on the two abutting lots by the original developers to create a total right-of-
way width of 60 feet. It appears the purpose of this dedication was to provide public access from Tumalo Rim
Drive to the lot to the west (tax lot 1711010000700) for future development. In 1992, the lot to the west did a
partition, MP-92-62 which dedicated the right-of-way for Tamoli Lane. This dedication provided public access
to tax lot 1711010000700 therefore the right-of-way dedicated by the Property Owners Association and the
original developers was not needed for public right of way purposes.
Mr. Baxter also worked with TRPOA to insure that they were not opposed to either the vacation of the property
or the vesting of the property to the adjoining property owners, Scott and Andrea Baxter to the south of the right-
of-way and Cynthia Harvey to the north of the right-of-way. A Memorandum of Agreement concerning the
vacation of this right-of-way between the adjoining property owners and TRPOA is attached as Exhibit 1, Page 1
of 2 to this Engineers report.
Exhibit B
Page 2 of 3
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: Response from Jeff Liberty, "We currently have facilities in this location and need to
continue to have our facilities here. "
Email from Dave Munsell dated 12/22/2014 states, "I am sending you this email to let you
know that our requirements have been met for the attached easements and have no further
objections to the vacation of the ROW. " (See attached Exhibit 2)
01/20/2015: Easements were recorded for Bendbroadband per documents 2015-02045 and 2015-
02046
Cascade Natural Gas: No Response
Central Electric: Response from Parneli Perkins dated 10/23/2014, "CEC has facilities in the area of the
proposed vacation and is requesting an easement be reserved. "
Letter from Parneli Perkins dated 01/606/2015 states, "Since the recordation of the
attached Central Electric Cooperative Power Line Easements 2015-00295 & 2015-00296;
recorded on 01/05/2015, Central Electric Cooperative is favorable to the right-of-way vacation. "
(See attached Exhibit 1, Page 2 of 2)
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
Centurylink: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Tumalo Town District: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, "Doesn't appear
that this right of way is needed Recommend approval. "
Deschutes County Legal Counsel: No Response
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department
makes the following findings:
Exhibit B
Page 3 of 3
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 proposed for vacation will not be needed for public travel in the future.
3. A utility easement will be retained on the vacated property per documents 2015-00295 & 2015-00296,
recorded 01/05/2015 for Central Electric Cooperative and per documents 2015-02045 & 2015-02046,
recorded 01/20/2015 for Bendbroadband.
4. The vacation allows the applicants to better utilize their property and cleans up the title to 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 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. 2015-001
subject to the following conditions:
1. The vacated property shall vest in the owners of the land abutting the vacated property by extension of the
person's abutting property boundaries to the center of the vacated property in accordance with ORS
368.366 (1)(d).
2. A utility easement will be retained on the vacated property per documents 2015-00295 & 2015-00296,
recorded 01/05/2015 for Central Electric Cooperative and per documents 2015-02045 & 2015-02046,
recorded 01/20/2015 for Bendbroadband.
3. No opposition to the vacation is reported to the County prior to presentation to the Board of County
Commissioners.
Memo._ .dum of Agreement (MOA) Exhibit 1
NOTE: This is not a legally binding document Page 1 of 2
Parties:Tumalo Rim Property Owners Association(TRPOA)Board of Directors,
Scott and Andrea Baxter,owner of Lot 2, Block 1,Tumalo Rim,Deschutes County,Oregon,also known as 64089
Tumalo Rim Drive,Bend,Oregon
Cynthia Harvey,owner of Lot 3, Block 1,Tumalo Rim, Deschutes County,Oregon,also known as 64103 Tumalo
Rim Drive,Bend,Oregon.
The purpose of the MOA is to:
a.express the intent of the parties with regard to the disposition of a strip of land located between Lots 2 and 3,
Block 1,Tumalo Rim,Deschutes County, Oregon,which is currently dedicated to Deschutes County,Oregon,for
public road purposes,and
b. provide a basis for a formal agreement between the parties concerning the disposition of the described land,
with the formal agreement to be prepared by legal counsel.
Background: The strip of land between Lots 2 and 3, Block 1,Tumalo Rim, is shown as Common Area on the Deschutes
County Plat No.292,Tumalo Rim,filed April 27, 1977.This 50 foot wide strip of land plus adjoining 5 foot strips from
Lots 2 and 3,Block 1,were conveyed and dedicated to Deschutes County,Oregon,for public road purposes on February
16, 1978. Subsequent attempts to rededicate this property involve a long and confusing history, paperwork of which is in a
file maintained by the President for reference.As of August,2014,the strip remains Deschutes County property.
The parties to this MOA, by the agreements stated below,wish to have this road dedication vacated and the land
involved transferred to the adjacent property owners,Baxter and Harvey, in accordance with county statutes.
Agreements:
1. Baxter and Harvey will make application to have the subject road dedications vacated and bear all costs associated
with said vacation process.
2.The TRPOA Board has agreed to NOT pursue any interest in having the subject land returned to the status of TRPOA
common property when the vacation process is complete,assuming that during the vacation process this land is NOT
found to be TRPOA property.
Scott Baxter 7 Andrea Baxter
`� ,4? P
Cynthia arvey •
Jk4 at f
Helen Whistler, President,TRPOA Board Audrey Adam Secretary,TRPOA Board
Date: z 4:/y . .
Exhibit 1
Page 2 of 2
•
riy-
. CENTRAL ELECTRIC
COOPERATIVE, INC.
January 6,2015
George Kolb,PE
Deschutes County Road Department
6150 SE 27th Street
Bend Oregon 97702
Dear Mr.Kolb,
I am writing regarding the proposed vacation of a portion of the roads in Tumalo Rim
Subdivision,adjacent to Lot 2&3,(Baxter&Harvey).
Since the recordation of the attached Central Electric Cooperative Power Line Easements 2015-
00295 &2015-00296;recorded on 01/05/2015,Central Electric Cooperative is favorable to the
right of way vacation.
If you need any additional information,please feel free to contact me.
Sincerely,
Parnell .Pe ns
Land and Ri t of Way Specialist
PO Box 846.2098 N.Hwy 97-Redmond, Oregon 97756-0187
Tel.541.548.2144•Fax:541.548.0360
www.cec.coop
Exhibit 2
Page 1 of 4
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF UNNAMED ROAD LOCATED WITHIN THE Wl/2 OF THE SWI/4
OF SECTION 6, T175, R12E, W.M., DESCHUTES COUNTY, OREGON
LEGEND
• -•∎•• ∎ EXISTING PROPERTY LINE.
1.1 LINE DESIGNATION - REFER TO TABLE.
C1 CURVE DESIGNATION - REFER TO TABLE. SCALE �� = 50'
LIMITS OF EXISTING EASEMENT PER RECORD 0 25 5p 190 FT,
DOCUMENT NOTED.
LIMITS OF PROPOSED EASEMENT - 4951 S.F.
REFER TO EXHIBIT '82'. crl I
�+ I 20' P.U.E. PER PLAT P `is
OF' TUMALO RIM J
1-+-------- 40' C.E.C. EASEMENT ezi
PER 228/536 g
LOT .3, BLOCK 1
ce
ti if..
TUMALO RIM • 3
1 30'
wiz 1 \ .‘\
c�I-a 1
/Ci
4
w° 1-F-�`N71� �L ..
m W co a►ti`� 5 ��� 1!>r
��� L17 N8007 \��
o 0`►yti207,N�\ w l0.
� x 76 l w'r
039
LOT 2, BLOCK 1 in 1-1;40 -0.-c1
TUMALO RIM
1. 40' C.E.C. EASEMENT r° I
PER 228/535 j I
-..-a- t-+---1— 20' P.U.E. PER PLAT d\
OF TUMALO RIM
3 LINE TABLE
REGISTERED ct
PROFESSIONALS NUMBER BEARING DISTANCE
LAND SURVEYOR L10 .1400"O5'5O"E 24.99 _•
L 11 S 15'3&151'W 25.00
7 12/17/14 L12 N80'03'44"W 20.14
OREGON _ L 13 N 1'5'35'15 E 5.02
M.Y I& 11NI W L14 N15'35.15"E 9.91
JERRY D. STICI'LER L15 S01706'50"W 9.80
2527 L16 SO0'06'50 5.07
RENEWS 6/30/16 Li 7 1480'03'44'1W �....40.60
L 18 N00"06'50"E 5.07 -
CURVE TABLE _ L19 NOO'06'50 E , 24.99
NUMBER RADIUS „- ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH
Cl 280.00 01'01'38” 5.02 _ S15'04'26'W 5.02 — ! 12/17/14 ACRD. t4ytEASE
PROPOSED BENDBROADBAND EASEMENT PRECISION Ir1ND SURVEYING, INC.
PORTION OF PROPOSED R/W VACATION (UNNAMED ROAD) P.O. BOX 2062
�� REDIMD. OREGON 97756
LOCATED IN THE W1/2 OF THE SW1/4 OF SECTION 6, (541) 548-6092
T175, R12E, W.M., DESCHUTES COUNTY, OREGON (541) 923-0673 FAX
Exhibit 2
Page 2 of 4
Precision Land Surveying, Inc.
Professional Land Surveyors
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF THE W1/2 OF THE SW1/4 OF SECTION 6,T175,R12E,W.M.
(PORTION OF UNNAMED STREET PER CURRENT TAX MAP)
A STRIP OF LAND WITH VARIABLE WIDTH BEING A PORTION OF COMMON AREA AND A PORTION
OF LOT 2 IN BLOCK 1 OF TUMALO RIM, ACCORDING TO THE OFFICIAL PLAT THEREOF AS
RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY,OREGON AND LOCATED
IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER (W1/2 SW1/4) OF SECTION 6,
TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY,
OREGON,THE BOUNDARY OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN BLOCK 1 OF TUMALO RIM,ACCORDING TO
THE OFFICIAL PLAT THEREOF AS RECORDED IN TILE OFFICE OF COUNTY CLERK FOR DESCHUTES
COUNTY, OREGON; THENCE S00°06'50"W — 24.99 FEET ALONG THE WESTERLY BOUNDARY OF
COMMON AREA OF SAID TUMALO RIM AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY
ROAD DEDICATION DEED VOLUME 268,PAGE 35 OF DESCHUTES COUNTY DEED RECORDS TO THE
TRUE POINT OF BEGINNING;THENCE S80°07'00"E—272.52 FEET TO THE EASTERLY BOUNDARY OF
SAID COMMON AREA AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268,
PAGE 35;THENCE S15°35'15"W—25.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID COMMON
AREA AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268, PAGE 35 TO
THE NORTHEAST CORNER OF LOT 2 IN BLOCK 1 OF SAID TUMALO RIM;THENCE FOLLOWING THE
ARC OF A 280.00 FEET RADIUS CURVE TO THE LEFT A DISTANCE OF 5.02 FEET(THE LONG CHORD
OF WHICH BEARS S15°04'26"W—5.02 FEET)ALONG THE EASTERLY BOUNDARY OF SAID LOT 2 TO
THE SOUTHEAST CORNER OF THAT PARCEL OF LAND AS DESCRIBED BY ROAD DEDICATION
DEED VOLUME 268, PAGE 34 OF DESCHUTES COUNTY DEED RECORDS; THENCE N80°03'44"W —
20.14 FEET ALONG THE SOUTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY
SAID VOLUME 268,PAGE 34;THENCE N15°35'15"E—5.02 FEET TO THE NORTHERLY BOUNDARY OF
SAID LOT 2; THENCE CONTINUING N15°35'15"E — 9.91 FEET; THENCE N80°07'00"W -- 207.76 FEET;
THENCE S00°06'50"W — 9.80 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE
CONTINUING S00°06'50"W—5.07 FEET TO THE SOUTHERLY BOUNDARY OF THAT PARCEL OF LAND
AS DESCRIBED BY SAID VOLUME 268, PAGE 34; THENCE N80°03'44"W— 40.60 FEET ALONG THE
SOUTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268,PAGE
34 TO THE WESTERLY BOUNDARY OF SAID LOT 2; THENCE N00°06'SO"E-- 5.07 FEET ALONG THE
WESTERLY BOUNDARY OF SAID LOT 2 TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE
N00°06'50"E — 24.99 FEET ALONG THE WESTERLY BOUNDARY OF COMMON AREA OF SAID
TUMALO RIM AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268,PAGE
35 TO THE TRUE POINT OF BEGINNING.
STRIP OF LAND CONTAINS 4951 SQUARE FEET SUBJECT TO ALL OTHER EASEMENTS,
RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD PERTAINING TO THE ABOVE DESCRIBED
LANDS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
6x'
,‘s1) ' 12/17/14
OREGON
JULY 16, 1M1
JERRY D. SICKER
2527
■
RENEWS 6/30/16
(541)548-6092
PO Box 2062 (541)923-8873 FAX
Redmond,Oregon 97756 plsurveying@grnail.com
Exhibit 2
Page 3 of 4
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF UNNAMED ROAD LOCATED WITHIN THE W1/2 OF THE SW1/4
OF SECTION 6, T17S, R12E, W.M., DESCHUTES COUNTY, OREGON
LEGEND
EXISTING PROPERTY LINE.
L 1 LINE DESIGNATION -- REFER TO TABLE.
LIMITS OF EXISTING EASEMENT PER RECORD SCALE' 1 �� = Jr�
DOCUMENT NOTED. 9 25 50 100 Ff. 1
EMELIMITS OF PROPOSED EASEMENT - 5012 S.F.
REFER TO EXHIBIT '131'.
--w- - 20' P.U.E. PER PLAT
4°-
OF TUMALO RIM
40' C.E.C. EASEMENT e"7 Z 4
PER 228/536 O
n LOT 3, BLOCK 1 "' R
L 1- +�i `' TUMALO RIM Igi
Ili Kig // .i �b 30 / 30'Ar. CL
.S60'07'
ZOO N�f�� /
ZO 21592 L7 /!•
w0 Tao", N ///�f/// '�*� ,�,,,4-'•--L8 w‘rro.,074 for,:#4 0, r et-.
ZUU lie
/4.,-
LOT 2, BLOCK 1
TUMALO RIM o
--� I—— 40' C.E.C. E4SEMENT I
PER 228/535 3 /
--� - 20' P.U.E. PER PLAT r
OF TUMALO RIM
LINE TABLE
Zo 4 NUMBER BEARING _DISTANCE
L1 NO0'04'10"W 5.08
r REGISTERED _ 1.2 580'10'07"E - 40.60 _
PROFESSIONAL 1 L3 500'06'50"W 5.07
LAND SURVEYOR _ L4 500'06'50'W 9.80
L5 N15'35`15"E 9.91
� \J 12/1714 L6 N15'35'15"E 5.03
L7 580.10'07"E 20.10
OREGON L8 515'35'15'W - 5.03
JUIf 311. ISM L9 $15'35'15'W 25.00
JERRY D. SICKER
2527 L.10 NO0'06'50 E 24.99
RENEWS 6/30/16
DATE: 12/17/14 I ACAD: 1491EASE
PROPOSED BENDBROADBAND EASEMENT PRECISION LAND SURVEYING. INC.
PORTION OF PROPOSED R/W VACATION (UNNAMED ROAD) P.O. BOX 2062
/ REDMOND, OREGON 97756
LOCATED IN THE W1/2 OF THE SW1/4 OF SECTION 6, (541) 548--6092
T17S, R12E, W.M., DESCHUTES COUNTY, OREGON (541) 923-8873 FAX
Exhibit 2
Page 4 of 4
Precision Land Surveying, Inc.
Professional Land Surveyors
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF THE W1/2 OF THE SW1/4 OF SECTION 6,T17S,R12E,W.M.
(PORTION OF UNNAMED STREET PER CURRENT TAX MAP)
A STRIP OF LAND WITH VARIABLE WIDTH BEING A PORTION OF COMMON AREA AND A PORTION
OF LOT 3 IN BLOCK 1 OF TUMALO RIM, ACCORDING TO THE OFFICIAL PLAT THEREOF AS
RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY,OREGON AND LOCATED
IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER (W1/2 SW1/4) OF SECTION 6,
TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY,
OREGON,THE BOUNDARY OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN BLOCK I OF TUMALO RIM,ACCORDING TO
THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES
COUNTY,OREGON;THENCE N00°04'10"W—5.08 FEET ALONG THE WEST BOUNDARY OF SAID LOT
3 TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND AS DESCRIBED BY ROAD DEDICATION
DEED VOLUME 268,PAGE 34 OF DESCHUTES COUNTY DEED RECORDS;THENCE S80°10'07"E—40.60
FEET ALONG THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY SAID
VOLUME 268,PAGE 34;THENCE S00°06'50"W—5.07 FEET TO THE SOUTHERLY BOUNDARY OF SAID
LOT 3;THENCE CONTINUING S00°06'50"W—9.80 FEET;THENCE S80°07'00"E—215.92 FEET;THENCE
NI5°35'15"E — 9.91 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 3; THENCE CONTINUING
N15°35'15"E — 5.03 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND AS
DESCRIBED BY SAID VOLUME 268, PAGE 34; THENCE S80°10'07"E — 20.10 FEET ALONG THE
NORTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268,PAGE
34 TO THE EASTERLY BOUNDARY OF SAID LOT 3; THENCE S15°35'15"W—5.03 FEET ALONG THE
EASTERLY BOUNDARY OF SAID LOT 3 TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE
S 15°35'15"W—25.00 FEET ALONG THE EASTERLY BOUNDARY OF COMMON AREA OF SAID TUMALO
RIM AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY ROAD DEDICATION DEED VOLUME
268,PAGE 35 OF DESCHUTES COUNTY DEED RECORDS;THENCE N80°07'00"W—272.52 FEET TO THE
WESTERLY BOUNDARY OF SAID COMMON AREA AND ALSO OF THAT PARCEL OF LAND AS
DESCRIBED BY SAID VOLUME 268, PAGE 35; THENCE N00°06'50"E — 24.99 FEET ALONG THE
WESTERLY BOUNDARY OF SAID COMMON AREA AND ALSO OF THAT PARCEL OF LAND AS
DESCRIBED BY SAID VOLUME 268,PAGE 35 TO THE POINT OF BEGINNING.
STRIP OF LAND CONTAINS 5012 SQUARE FEET SUBJECT TO ALL OTHER EASEMENTS,
RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD PERTAINING TO THE ABOVE DESCRIBED
LANDS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
)JLU21... 12/17/14
OREGON
JULY!S. 1M1
JERRY D. STICHLER
2527
RENEWS 6/30/16
(541)548-6092
PO Box 2062 (541)923-8873 FAX
Redmond,Oregon 97756 plsurveying@ugmail,com
Exhibit C
Vacation of a Right-of-Way off of Tumalo Rim Drive dedicated in
Volume 268 Page 34 and Volume 268 Page 35, Deed Records, located in the
Tumalo Rim Subdivision in Deschutes County, Oregon,
A sixty foot wide public right-of-way lying between Lots 2 and 3, Block 1 of the official
plat of"Tumalo Rim" in the Southwest Quarter of Section 6, Township 17 South, Range
12 East of the Willamette Meridian, Deschutes County, Oregon and being more
particularly described as follows:
All of the right-of-way dedicating the fifty foot wide Common Area between said lots 2
and 3 as described in that deed recorded February 21, 1978 in Volume 268 Page 35
together with the two five foot wide strips of additional right-of-way width dedicated
across said Lots 2 and 3 as described in that deed recorded February 21, 1978 in
Volume 268 Page 35.
Sketch of Vacation Area
-Not to Scale-
BOLD LINE=AREA TO 8E
VACATED
33/.64 rs;
al
3x54y y
• [ VOL.268 PG.34
7
(5 STRIP ACROSS
r" LOT$ I
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ea 0 170
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- 276.97 f- ti 2
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ry
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VOL.268 PG.34 r
(5 STRIP ACROSS VOL 268 PG.35
S
(50'COMMON AREA(
lib— z
. BLOCK 1
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"TUMALO RIM" ..,
26i•14 f N 1
REGISTER.:(j M
PROFESSIONAL
t 0 SURVEY!,
l . ii.. , /._1 i,,
JULY 28 19P9
MICHAEL J.BERRY
RENEWAL DATE.: 1241115
J:\DATA\WORD\Legal-Descripitions\VACATE\Tumalo Rim common area road 17-12-06 vacation.doc
10/13/2014 11:41 AM MJB
"Exhibit D"
', Vesting of Vacated Property =
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Locator Map 0 300 600 900 1,200 Feet
Tumalo Legend
TUMALO RESERVOIR RD
�4};�► [_ Area being Vacated
Location of �i:I —Road Centerlines
Vacation Printed: January 14, 2015 1 Taxlots
41:41
L_2; Section Lines
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The information on this map was derived from digtal databases on - John Anderson,GIS Analyst
Deschutes County's G.I.S. Caro was taken in the creation of this • Phrme:(541)372 7107
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2 responsibility for errors,omissions,or positional accuracy in the dgial 1
y 'Bend data ar the underlying records. There are no warranties,amass or
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j implied,inaudng the warranty of merchantability or Illness for•
ule t accompanying Pk product However,notification atian ����r
Road Department
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