2015-147-Order No. 2015-017 Recorded 4/17/2015 DESCHUTES
NANCY BLANKENSHIP,FCOUNTY CLERK
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COMMISSIONERS' JOURNAL 04/17/2015 10:31:38 AM
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2 15-147
Do not remove this page from original document.
Deschutes Count y Clerk
Certificate Page
Es t
NANCYUBLANKCOUNTY ENSHIP,FC COUNTY CLERKDS 6015.13536
REVIEWW'`E�D/
LEGAL COUNSEL IIIIIIIIIIIIIIIIIUIIIIIIU UIIIUII II III NO FEE
992523201500135360110114 04116/2015 08:20:17 AM
D-V Cnts1 Stns1 BN
This is a no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of 17th Street *
Between F Avenue and E Avenue located in * ORDER NO. 2015-017
Terrebonne, Oregon,
WHEREAS, proceedings for vacating a portion of 17t" Street Between F Avenue and E
Avenue 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.
DOCUMENT POOR QUALITY
AT TIME OF RECORDING
Page 1 of 2-ORDER NO. 2015-017
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 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).
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.
Dated this of oi--/Y1A-L , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATT(I; T: '
/h
L
Recording Secretary TAMMY BANEY, Commis ner
OFFICIAL STAMP
_ BONNIE BAKER
STATE OF OREGON ) NOTARY PUBLIC-OREGON
ss. COMMISSION NO.936466
COUNTY OF DESCHUTES ) MY COMMISSION EXPIRES FEBRUARY 17,2019
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 Z4-- Day of 20/ .
(f2n . 67-14-Lt-- My Commission Expires: ?Lb , /7 zi)/
Notary Public for Oregon
Page 2 of 2-ORDER NO. 2015-017
Exhibit A
Page 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. y �� �C d
Description of road to be vacated: /J 44 011--Z1 4i!eat.)I11, / GL vi
, jvI fit irdre..
Located in \. 44 (4/1-- .Deschutes County.
Reason for road vacation request: 1�fL-/(t//14, LLW ' .
DATED this eday of/4W" ,20
PRINT NAME ` 8I9NATURE ADDRESS CITY STATE ZIP
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STATE OF OREGON )
County of aZki.. ) es,
(In this G day of ,In the year 201' ,before me,a Notary Public,personally appeared
. ,C , G-^d. F..,', . et,. personsty known to me(or proved to
me on the basis of satisfactory ev dence)to be the person(s)whose name(s)Is(are)subscribed to this
Instrument,and acknowledged that he(she,they)execu It. _
WI SS d and icial seal
No y P c for Oregon.
1NA� My Commission e x p i r e s: i/A vi 1 }
NOVA,PUeNa0M0ON
OouMMelON NO.IMO
Mr OOAMANuIONORM NOVIANN 10,MT
Page 1 of 2
Exhibit A
Page 2 of 2
ta:COOK
-01EGON
STATE OF OREGON ) • 40.A402987
) 9a. .. XGE1124,2015
'County of (D e6 c-fio rEz2 )
f-r4
On this -1 day of fr 14 ,in the year 20 I before me, a Notary Public, personally appeared
M c;S L.Etc7e, 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: /0 -02 V-/s STATE OF OREGON
) ss.
County of Pc s G PS )
-
On this `'1 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 CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Page 1 of 2
J-r ES C
/..?' L 2,,,,,
141 .4.A& iji
0/,n� { Road Department
61150 SE 27th St. •Bend,Oregon 97702
:1... (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: March 31, 2015
SUBJECT: Vacation of a portion of a portion of 17th Street between F Avenue and E Avenue 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 Linda Abbas who is representing property owners Raymond and
Sharon Struck concerning the vacation of a portion of 17th Street between F Avenue and E Avenue in
Terrebonne, Oregon. This section of 17th Street is bordered on both sides by property owned by the
Strucks. Staff made a field trip out to the site and found there are no roadway improvements or utilities
located in this right-of-way and it appears it has never been open to traffic. The sections of 17th Street
north of F Avenue have already been vacated. The section of 17th Street from F Ave. to G Ave. was
vacated in 1988 and the remainder of 17th Street from G Avenue to the north boundary of Hillman
Subdivision was vacated in 1977. Since there is no reason for constructing a road in this right-of-way, the
applicants would like to vacate the right-of-way to allow them better utilize their property.
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:
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: Response dated March 19, 2015 from Debbie Isenstein, CenturyLink Right of Way Agent;
"In response to your vacation notification, I have review the area with our engineer and
determined that CenturyLink does not have facilities in place. Therefore, We have no
objection to the vacation as proposed. "
Terrebonne Domestic Water District: No Response
Redmond Fire Department: Response dated March 24, 2015 from Clara Butler, Deputy Fire Marshall,
"The following access requirements shall be met anytime a property is developed. If the
property along 17th St., Terrebonne is developed at a later date and 17th St. is not
maintained the following requirements may not be met. " See attached Exhibit 1 for the
remainder of the memo. Both lots that are created by this vacation will have public right
of way access onto F Avenue on the north boundary and E Avenue on the south boundary
so all access requirements are met. I did discuss the vacation with Clara Butler and after
the phone converstion, she sent an e-mail stating, "After speaking with you, the fire
department is ok with the vacation of 17th St. in Terrebonne. "
Deschutes County Community Development Department: Response dated March 17, 2015 from Paul
Blikstad, "It doesn't appear to be needed for street connections in Terrebonne. Recommend approval. "
Deschutes County Property Management Department: No Response
Deschutes County Legal Department: No Response
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 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. 2015-017 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2015-017
2. No opposition to this vacation is received by the Road Department or Board of County
Commissioners prior to signature of Order No. 2015-017.
Exhibit 1
Page 1 of 3
PRELIMINARY VACATION NOTICE
TO: ALL UTILITIES AND MUNICIPALITIES
FROM: DESCHUTES COUNTY ENGINEER
SUBJECT: VACATION OF A PORTION OF 17TH STREET BETWEEN F
AVENUE AND E AVENUE IN TERREBONNE, OR.
Deschutes County has received a Petition to Vacate the property described in
Exhibit "A", attached hereto.
NOTE:
In contrast to the County's past policy, a utility easement will not be reserved on
vacated public road right-of-way parcels a utility company provi es evidence of an
existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility:
If you currently have any facilities located on this property, have a possible future
interest in this property, or wish to comment on the proposed vacation, please
complete this form and RETURN TO: The Road Department, Attn: Sheila Odle,
61160 SE 27th Street, Bend, Oregon 97702,within fourteen (14)days. FAX
NUMBER: (541) 388-2719
DATED this 12TH DAY OF MARCH, 2015.
Redmond Fire Department
341 NW Dogwood Ave
Redmond,OR 97756 REDMOND
IRE & RESCUE
MAR 16 2015
=-1J Y
Exhibit 1 Redmond Fire & Rescue
c iF,r Page 2 of 3 City of Redmond
341 NW Dogwood Ave
Redmond,OR 97756
*.t •> ` Fax:541-8 8-5512
www.redmondfireandrescue.org
Redmond Fire and Rescue Residential Comments
Date:March 24.2015
Location: `F"Ave and 17th St,Terrebonne
Subject:Vacation a portion of 171h St between F Ave and E Ave
From: Clara Butler,Deputy Fire Marshal
If there are questions regarding Fire Code issues,please contact the Redmond Fire and Rescue Deputy
Fire Marshal at 541-504-5016 or email at Clara.butler @redmondfireandrescue.org.
The following access requirements shall be meet anytime a property is developed. If the property along
171h St,Terrebonne,is developed at a later date and 17th St is not maintained the following requirements
may not be meet.
ACCESS:
• Premises Identification—2014 OFC 505.1
o Approved numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the street fronting the property. Said
numbers shall contrast with their background and visible at night.Number/letter shall be a
minimum of 4"high and a.5 "stroke width.
• Required Access—2014 OFC 504.1
o Exterior doors and openings shall be made readily accessible for emergency access by the
fire department. An approved access walkway leading from fire apparatus access roads to
exterior openings shall be provided.
• Fire Apparatus Access Roads—2014 OFC Section 503&Appendix D
o Fire apparatus access roads shall extend to within 150 ft of all portions of the building as
Measured by an approved route around the exterior of the building.
o Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13 feet 6 inches.
o Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000
lbs and shall be surfaced so as to provide all-weather driving capabilities.
o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50
feet outside.
o The grade of the fire apparatus access roads shall be within the limits established by the fire
code official(10%),
• Fire Lanes—2014, OFC 503.3& Appendix D
o Approved signs or other approved notices shall be provided for fire apparatus access roads to
identity such roads or prohibit the obstruction thereof Such signs or notices shall be kept in
legible conditions at all times.The stroke shall be 1 inch with letters 6 inches high and read
"No Parking Fire Lane", Spacing for signage shall be every 50 feet.
3/24/2015
Exhibit 1 Redmond Fire& Rescue
City of Redmond
Page 3 of 3 341 NW Dogwood Ave
ar' Redmond, OR 97756
541-504-5000
Fax:
;;+\I www.redmondfireandrescue.org
• Recommended to also(in addition to l:ire lane signs)paint fire lane curbs in bright
red paint with white letters.
o Appendix D Section 1.03.6.1.Roads 20-26 Pt.Wide: Shall have Fire Lane signs posted on
both sides of a fire lane.
o Appendix.D Section 103.6.2 Roads more than 26 Ft.Wide:Roads 26-32 ft wide shall
have a Fire Lane signs posted on one side of the road as a fire lane.
• Aerial Access Roads--201.4 OFC Appendix D,Section D105
o Buildings or portions of buildings or facilities exceeding 30 feet In height above the lowest
level of fire department vehicle access shall be provided with approved fire apparatus access
roads and capable of accommodating fire department aerial apparatus. Overhead utility and
power lines shall not be located within the aerial fire apparatus access roadways.
o Access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity
of any building or portion of a building more than 30 feet in height.
o At least one of the required access routes meeting above requirement shall he located within
a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned
parallel to one entire side of the building.
• Dead Ends—2014 O'FC 503.2.5
o Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an
approved area for turning around fire apparatus. Contact Redmond Fire&Rescue for
requirements.
• D 103.4 Table: Length of Dead end: greater than 500 ft shall meet the turnaround
requirements and the width of the road shall be a minimum,of 26 ft clear for fire
apparatus.
• Additional Access—201.4 OFC 5033.2
o The fire code official is authorized to require more than one fire apparatus access mad based
on the potential for impairment of a single road by vehicle congestion,conditions or terrain,
climatic conditions or other factors that could limit access.
• Emergency Access Road Gates—2014 OFC Appendix.D 1.03.5
o Minimum 20 feet wide.
o Gates shall be swinging or sliding type.
o Shall be able.to be manually operated by one person.
o Electric gates shall be equipped with a means of opening by emergency personnel&
approved by fire official.
o Locking devices shall be fire department padlocks purchased from A-1 Lock,Safe Co.,
Curtis Safe and Lock,on line at www.1rnyxbcx com, or contact Redmond Fire&Rescue for
an order form,
o Section 503.3: install a sign on the gate"Emergency Access"
3/24/2015 2
Exhibit C
Page 1 of
PROPOSED VACATION OF A PORTION OF 17TH STREET,
LOCATED IN "HILLMAN", ASSESSOR'S MAP NO. 14 13 16DA,
DESCHUTES COUNTY, OREGON
F AVENUE
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DESCRIPTION
r REGISTERED
PROFESSIONAL A PORTION OF 17TH STREET, PLAT OF "HILLMAN",
LAND SURVEYOR VE BOUNDED ON THE NORTH BY THE SOUTH LINE OF
C� � 4 (' �! '� F AVENUE, BOUNDED ON THE EAST BY THE WEST
G LINE OF BLOCK 157, "HILLMAN", AND BY THE WEST
O R EGO N LINE OF THE "DEPOT AND SIDE TRACK GROUNDS OF
JULY 15, 1983 THE OREGON TRUNK RAILWAY, HILLMAN", BOUNDED
WILLIAM G. BAHRKE ON THE SOUTH BY THE NORTH LINE OF E AVENUE,
2039 1 AND BOUNDED ON THE WEST BY THE EAST LINE OF
Renewal Date: 12/31/15 BLOCK 150, "HILLMAN".
PREPARED MARCH 3, 2015 THE SAME CONTAINING 0.53 ACRES, MORE OR LESS.
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548-6778 REF 15-026/15—D06D.DWG