2017-358-Resolution No. 2017-024 Recorded 7/3/2017REVIEWED
LE L COUNSEL
Recorded in Deschutes County CJ2017-358
Nancy Blankenship, County Clerk
Commissioners'Journal 07/03/2017 1:23:24 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
Right -of -Way located off of O.B. Riley Road
in T. 17 S., R. 12 E., Section 07 and T. 17 S.,
R. 12 E., Section 08 in Deschutes County,
Oregon, Describing the Property Proposed to
be Vacated, the Reasons for the Vacation,
and Requesting that the County Road Official
File a Report.
RESOLUTION NO. 2017-024
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for the
vacation of a right-of-way located off of O.B. Riley Road in T. 17 S., R. 12 E., Section 07 and T. 17 S., R. 12
E., Section 08 in Deschutes County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest to
consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to
vacate a right-of-way located off of O.B. Riley Road in T. 17 S., R. 12 E., Section 07 and T. 17 S., R. 12 E.,
Section 08; described in Exhibit "A", attached hereto and by this reference incorporated herein, because it
appears the right-of-way is no longer needed for public use, and will not be needed in the future.
Section 2. That the County Road Official shall file a Report with the Board of Commissioners,
describing the ownership and uses of property to be vacated, and whether the vacation would be in the public
interest, within fourteen (14) days of the date of this Resolution.
DATED this day of < )"
ATTEST
Rerding Secreta
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PAGE 1 OF 1 - RESOLUTION NO. 2017-024
, 2017.
BOARD OF COUNTY COMMISSIONERS
OF DETI TS COUNTS OREGON
A./ -_�
TAMMY BANE V CHAI
ANTHONY DEBONE, VICE CHAIR
PHILIP G. HEFDERSON, COMMISSIONER
EXHIBIT A
PAGE 1 OF 2
LEGAL DESCRIPTION
A ship of' land, 60,00 feet in width, lying in the Southeast one-quarter of Section 7 and the Southwest
one-quarter of Section 8, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County,
Oregon, said strip being 30.00 feet on either side, when measured perpendicular to, the following
described centerline;
Commencing at the SE one -sixteenth corner of the Southeast one-quarter of Section 7, Township 17
South, Range 12 East, Willamette Meridian, said corner being monumented with a 1 inch pipe with brass
cap; thence North 89°34'08" West, 234.38 feet to the northwest corner of Parcel 2 as described in
Statutory Warranty Deed recorded at Volume 2009, Page 51675 of the Deschutes County Official
Records, said point being monumented with a 5/8 inch mbar with yellow plastic cap; thence along the
west line of said Parcel 2, South 00°09'22" West, 213.03 feet to the True Point of Beginning of this
centerline description; thence leaving said west line, South 89°50'38" East, 52.20 feet to a point of'
curvature; thence along the are of a 1,000.00 foot radios curve to the left, through a central angle of
01°55'43", an arc length of 33,66 feet (the chord of which bears North 89°11'30" East, 33.66 feet) to a
point of tangency; thence North 88°13'39" East, 1,006.07 feet to a point of curvature; thence along the
arc of a 300.00 foot radius curve to the left, through a central angle of 21°41'06", an arc length of 113,54
feet (the chord of which bears North 77°23'06" Bast, 112,87 feet) to a point of tangency; thence North
66°32'33" East, 195.31 feet to a point of curvature; thence along the arc of a 300.00 foot radius curve to
the right, through a central angle of 70°09'19", an am length of 367,33 feet. (the chord of which hears
South 78°22'47" East, 344,81 feet) to a point of reverse curvature; thence along the arc of a 300.00 foot
radius curve to the left, through a central angle of 95°02'02", an arc length of 497.60 feet (the chord of
which bears North 89°10'51" East, 442,49 feet) to a point of reverse curvature; thence along the aro of a
300.00 foot radius curve to the right, through a central angle of 76°06' 19", an arc length of 398,49 feet
(the chord of which boars North 79°43'00" East, 369.113 feet) to a point of tangency; thence South
6V13'5 l" East, 273,17 feet to a point of curvature; thence along the arc of a 300.00 foot radius curve to
the left, through a central angle of 20°02'27", an arc length of 104.93 feet (the chord of which bears
South 72°15'04" East, 104.40 feet) to a point of tangency; thence South 82°16'18" East, 167.23 feet to a
point on the westerly right-of-way of the Old Bend -Sisters Highway (OB Riley Road) and the terminus of'
sald centerline description. From said terminus point, the Southwest corner of Section 8, Township 17
South, Range 12 East, Willamette Meridian, beats South 54°03'43" West, 1,827.91 feet,
The sidelines of the above described strip of land shall be lengthened or shortened to match the west line
of said Parcel 2 and said westerly tight -of -way of the Old Bend -Sisters Highway, The basis of bearings
for the described tract of land is the Central Oregon Coordinate System,
P4e.uLo 4wu,., corr.. It.\010 Wiltwray\°a.,mynullai►iMA•IbNwry PAWo..Jbkm lmFaM+r &4W ,i°Mil°.
EXHIBIT A
PAGE 2 OF 2
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EXHIBIT
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11Panfic
VACATION of RIGHT OF- WAY off O.B. RILEY ROAD
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Right of Way to be
Vacated
Bend View Holdings
429 LLC
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Bend View Holdings
429 LLC
MEADOWLN
Legend
State Highway
Road Centerlines
///
ROW Vacation
Taxlots
0 350 700
The information on this map was derived from digit databases an
Deschutes County's G.I.S. Care wes talion In the creation of this
map. but tt is provided 'as is Deschutes County cannot accept any
responsiblity for errors, omissions. ar pastoral accuracy in the dgital
data or the underlying records. There are no warranties, express or
implied, inducing the warranty of merchantability or fitness for a
particular purpose, accompanying this product However, notification
of any errors will be appreciated.
Printed: May 19, 2017
1,400 Feet
61110 SF. 270 St, Bend, OR 97702
01541)322-7123 5(541)383-2719
rachel p nkslon@deschutes org
ArcGIS Projects\Vacations\ROW off OBRiley
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of June 28, 2017
DATE: June 20, 2017
FROM: George Kolb, Road Department, 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2017-024, Initiating the Vacation of a Right -Of -
Way Located Off of O.B. Riley Road in T.17S., R.12E., Section 07 and T.17S., R.12E., Section
08 in Deschutes County, Oregon, Describing the Property Proposed to be Vacated, the
Reasons for the Vacation and Requesting that the County Road Official File a Report
PUBLIC HEARING ON THIS DATE?: No
CONTRACTOR: N/A
AGREEMENT TIMEFRAME: Starting Date: N/A
INSURANCE:
Insurance Certificate Required: No
Insurance Review Required by Risk Management: No
Ending Date: N/A
BACKGROUND AND POLICY IMPLICATIONS:
Bend View Holdings 429 LLC approached the Road Department concerning the vacation of a
right of way that was dedicated on their property through a road dedication land use permit
RD -09-1. This dedication was accepted by the Board of County Commissioners on
09/22/2010, and recorded on 09/24/2010 (2010-37602). The purpose of the dedication was to
provide a public right-of-way on the property for future development and to provide public right
of way access to property owned by Ed and Dee Elkins located at the western end of the right-
of-way. There was no requirement to build the road for this application nor was there any
subdivision developed. In September of 2011, Bend View Holdings 429 LLC applied for a
tentative plat for a 14 lot subdivision, Pacific Cascade Heights Subdivision, on this property
(TP -11-1016). As part of this application, they proposed the dedication and construction of a
road within the subdivision that did not follow the alignment of the original dedication in 2010
(see attached Exhibit 2). Bend View Holdings 429 LLC is requesting that the original
dedication be vacated and replaced by the right-of-way dedication per TP -11-1016. The
recordation of this vacation will be contingent on final approval and recordation of the plat for
TP -11-1016. If the plat ends up not being recorded, the vacation will not be recorded.
Signature of this Resolution initiates the vacation process
FISCAL IMPLICATIONS: None
ATTENDANCE: George Kolb, County Engineer
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature of Resolution No. 2017-024, Initiating the Vacation of a
Right -Of -Way Located off of O.B. Riley Road in T.17S., R.12E., Section 07 and T.17S.,
R.12E., Section 08 in Deschutes County, Oregon, Describing the Property Proposed to be
Vacated, the Reasons for the Vacation and Requesting that the County Road Official File a
Report