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2017-357-Order No. 2017-012 Recorded 7/3/2017LEGAL COUNSEL Recorded in Deschutes County CJ2017-357 Nancy Blankenship, County Clerk Commissioners' Journal 07/03/2017 1:23:16 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Vacating 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, ORDER NO. 2017-012 WHEREAS, proceedings for vacating 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„ 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. This vacation will go into effect upon the recording of the final plat for TP -11-1016, Pacific Cascade Heights. Section 4. That the property, vacated in Section 3 herein shall vest the in the rightful owner holding title according to law, in accordance with ORS 368.366(1)(c). Page 1 of 2 — ORDER NO. 2017-012 Section 5. 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 day of ATT T. ecording Secretary STATE OF OREGON )SS. County of Deschutes , 2017. BOARD OF COUNTY COMMISSIONERS OF DE CHUTES, COUNTY, OREGON 17/14/ TAMMY BANE, CHAIF ANTHONY DEBONE, VICE PHILIP G. HEN ERSON, COMMISSIONER Before me, a Notary Public, personally appeared, TAMMY BANEY, ANTHONY DEBONE, PHILLIP G. HENDERSON, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of --- Page 2 of 2 — ORDER NO. 2017-012 NOTARY BLIC.FOR OREGON My Commi io Expires: VACATION of RIGHT- OF- WAY off O.B. RILEY ROAD ///////////////// /// Right of Way to be Vacated Bend View Holdings 429 LLC Q Bend View Holdings 429 LLC Legend State Highway Road Centerlines /// ROW Vacation Taxlots 0 350 700 1,400 Feet I i i i 1 i i i f The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken In the creation of this map, but it is provided 'as W Deschutes County cannot accept any responsibility for errors, onissions, or poskional 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, accorrpenying this product However. notification of any errors will ba appreciated. Printed: May 19, 2017 • 61150 SE 27.St, fiend, OR 97702 01541)322-7123 F1541)383-2719 rachet pinkston@deschutes org ArcGIS_Projects\Vacations\ROW off OBRiley EXHIBIT A PAGE 1 OF 5 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;„e,s-rin►c►• 60 RILv-Cr-o —WA/ Qty .pts vv. p nrr lit) en©ei& 2.O o — 31602. located in , Deschutes County. Reason for road vacation request: FAc. tc.c. 14..kcivrs 4 ot4D 12,E ►fsq DeptcpaE,p S fc l tzr e acc.N.c►c CASCi►tD1,,v1.5.1.QfS!___ 05._ 1110‘10:14 co(Mee,— SOU-1-14 Me ,SnurN P in iT W e tNt ThE Srmp PIc.►gn1M�- AS ►ono 11 c.2ote-37 b2 ” DATED this j day of Y l ►f,a , 20± Name/Signature Address C,dward J.kins Doris E. Elkins Edward J. I;l, as Co -Trustee of the Elkins Family Revocable Trust UTA dated April 19, 2011 63613 0.B. Riley Road Bend, OR 97703 63613 0.13. Riley Road Bend, OR 97703 63613 0.B. Riley Road Bend, OR 97703 63613 0.B. Riley Road ,j ', ,► Bend, OR 97703 Doris E. Elkins, as Co -Trustee of the Elkins Family Revocable Trust UTA dated April 19, 2011 13 STATE OF OREGON ) ss. County of Deschutes EXHIBIT A PAGE 2 OF 5 This instrument was acknowledged before me on May and Do is E. Ell -ins, husband and wTc. Notary Public for Oregon My Appointment Expires: STATE OF OREGON ) ss. County of Deschutes , 2017 by Edward J. Elkins OFFICIAL STAMP CARLA J CAHAIL NOTARY PUBLIC -OREGON COMMISSION NO, 920162 MY COMMISSION EXPIRES SEPTEMBER 19 2017 This instrument was acknowledged before me on May , 2017 by Edward J. Elkins and Doris E. Elkins, as Co -Trustees of the Elkins Family Revocable Trust UTA dated April 19, 201 -70A/ Notary Public ft Oregon M.y Appointment Expires: g"M—/ OFFICIAL STAMP CARLA J CAHAIL NOTARY PUBLIC -OREGON COMMISSION NO. 920162 MY COMMISSION EXPIRES SEPTEMBER 19, 2017 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. 4Z -C: SIG -NATURE ADDRESS , TELEPHONE: t -.5"-f 14 c? 77o 3 c_7'L6_z EXHIBIT A PAGE 3 OF 5 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: 601 RIL7.141- SALagyA.c ,..rr 4r, I3e 1.0 t 0 — 602 Located In in _, Deschutes County. Reason for road vacation request: fAc‘c\c_ ‘NkkAttr5 12-010 ge i6 ow_ kt-E,17 PrS -0/02:c oc w.tc. Ch -SC (hoe, ViE thittS___Saptvist 4A., 1106 14\ove...v Goit-te Rev W (114,t (4 TViE. Sri ALA gilmEArr A5 ):91c -r 104 Do c.2010 —376 -02 - DATED this day of , 20 . PRINT NAME SIGNATURE . ADDRESS CITY STATE ZIP X .)6::. //)M.ii>/12:9-- c_. • , ' '?-,1, , 4 ,c, ,/ 4 7 IV 74 P'/2//'1e4-/54-:,)//3 C'Ye \ , /1!, S'illi /..)z:;* //'/) c..';‘ /2/ ei /i.. ..ce',// ',11//7 di; ( , STATE OF OREGON ) County of . t/7 '761 Y'l 7 ) g 7 I r ) ss. On this .1e=5 day / //eGicmh---- , in the year 20 , befoie me, a Notary Public, personally appeared ,, /C//1/1P an(1 /7,e;/,,,,vi, , ?A' / personally known to me (or proved to me on the basis of sOEfsfactory evidence) to be the per n(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it WITNESS my hati:cf and official seal / JEFFREY RAY JOHNSTON : 'h '4 for Oregon. ,,,„ „.. OFFICIAL STAMP I /My Commission expires: 70 '/ —/"-- NOTAFIY PUBLIC.OREGON _ COMMISSION NO. 943885 COMMISSION EXPIRES OCTOBER 13, 2010 Page 1 oft EXHIBIT A PAGE 4 OF 5 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; 65-1".1.0q RkcifiT ov, beTeA nA,C,NT— 1.1 evv AG, a- 0 I 0 - 3'7 Io 0 Located In , Deschutes County. Reason for road vacation request: Pikc‘Ftc, IAQ,Atorkr"S gel No ne.rAtck-DPOAtD - 0 eccj, (4r -S So OM VIS /OM 141,-!) move n FuRrttea, Sot -r-1 410 N617 Ito 11-1-1/4tAt 114.0. SAA1F- PTLI ts‘) canant c... Zo I -3,602_ DATED this day of , 20 PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP 13erstc, k-toi-OtritiS qvi 73/0 fk/8 Vq-rf co a kte 1• IVi9nrc4)(1 Wet 96)g6 (2-- NokoAPri-1 L. erko.,%3DE.p.1 STATE OF OREGON 55. County of Marion On this 18th day of May , in the year 20 17, before me, a Notary Public, personally appeared Norman L, Brenden, as President of Harvest Management Services Corp,* 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) e, ted it. *the Manager of Bend View Holdings 429 LLC w T Y' seal Notary Public for Oregon. My Commission expires; Tulvoi. 2018 OFFICIAL STAMP ROBIN RENEE GOINS NOTARY PUBLIC • OREGON COMMISSION NO. 929945 MY COMMISSION EXPIRES JULY 01, 2018 Page 1 of 2 STATE OF OREGON )County of On this day of ) ) ) me on the basis of satisfactory instrument, and acknowledged STATE OF OREGON County of On this day of me on the basis of satisfactory instrument, and acknowledged ) ) STATE OF OREGON County of On this day of ) ) ) EXHIBIT A PAGE 5 OF 5 ss. , in the year 20_, before me, a Notary Public, personally appeared _ personally (mown to me (or proved to evidence) to be the person(s) whose name(s) is(are) subscribed to this that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: SS. , in the year 20_, before me, a Notary Public, personally appeared personally known to me (or proved to evidence) to be the person(s) whose name(s) is(are) subscribed to this that he (she, they) executed it. WITNESS my hand and official seal ss. Notary Public for Oregon. My Commission expires: , 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 Ot"tiA PETITION CIRCULATED BY ME. j/ ----C---._=---� SIGNA RE Norman L. Brenden, as President of Harvest Management Services Corp., the Manager of Bend View Holdings 429 LLC 9310 NE Vancouver Mall Dr., Suite 200, Vancouver, WA 98662 ADDRESS TELEPHONE: 360-608-5548 Page 1 of 2 L Exhibit B Page 1 of 3 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: June 16, 2017 SUBJECT: Vacation of 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 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: 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 January 22, 2010, and recorded on 09/24/2010 (2010-37602) (see attached Exhibit 1). 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 contigent 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. 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: Avion Water: No Response Bend Broadband: No Response Cascade Natural Gas: No Response Central Oregon Irrigation District: No Response Pacificorp: No Response PGT: No Response Centurylink: No Response City of Bend: Response signed by Paul Rheault dated 6/19/2017, "After both a ,field verification and check with data services, there are no current water or sewer lines/services to or in this right of way". Deschutes County Community Development Department: No Response Deschutes County Legal Department: No Response 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 proposed for vacation will not be needed for public travel in the future. This right of way will be replaced with a new right of way dedication created by TP -11-1016 3. 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 allows the property owners to better utilize their properties. The Road Department recommends that the Board approve the vacation of the right-of-way as described in the attached Order No. 2017-012 subject to the following conditions: 1. The vacated property shall vest with the rightful owner holding title according to law in accordance with ORS 368.366 (1)(c). Exhibit B Page 3 of 3 2. No utility easements will be required on this vacated right of way 3. This right of way will be replaced with a new right of way dedication created by TP -11-1016 4. No opposition to the vacation is reported to the County prior to presentation to the Board of County Commissioners. REVIEWED LEGAL COUNSEL After recording return to: Deschutes County Community Development Department EXHIBIT 1 PAGE 1 OF 4 DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK 0-31602 hp ill 1Ih1I NO FEE 04 4 09/24/2010 09:43:13 AM 0 -OD Cnt4 Stnel IN This is • no fee document DEED OF DEDICATION Bend View Holdings 429 LLC, A Washington limited liability company, does hereby dedicate to the public for roadway and itiUty purposes the property described on the attached Exhibit "A" and depicted on the attached Exhibit "B": DATED this 6N day of Septe41,1 (1.V, , 2010, Bend View Holdings 429 LLC, a Washington limited liability company By: Harvest Management Services Corp. a Washington corporation Its M B STATE OF WASHINGTON ) ) SS. County of Clark Norman L. Brenden, President Before me, a Notary Public, personally appeared Norman L. Brenden, as President of Harvest Management Services Corp., a Washington corporation, the Manager of Bend View Holdings 429 LLC, a Washington limited liability company, and acknowledged the foregoing instrument. Dated this day of NOTARY PUBLIC FOR Washing My Commission Expires: PAGE 1 OF 2 - DEDICATION AND ACCEPTANCE NOTARY PUBLIC STATE OF WASHINGTON ROBIN R. GOINS Commission Expires September 26, 2011 DC 2OiO622 EXHIBIT 1 PAGE 2 OF 4 ACCEPTANCE Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the foregoing Deed of Dedication as a public road pursuant to ORS 92.014. )N --P DATED this 22 day of ATTEST: Recording Secretary f;e41, 2010. BOARD OF COUNTY COMMISSIONERS OF DESCH ES COUNTY, OREGON DE NIS R. LUKE, CdritA,L, ALAN U ER, VICE CHA R SSIONER STATE OF OREGON ) ) SS, County of Deschutes OFFICIAL SEAL BONNIE DAKER 1 NOTARY PUBLIOAOREGON 1 COMMISAION NO, 414319 SSijOHEXP9IES FEB. 23, 2011 Before me, a Notary Public, personally appeared Dennis R. Luke, Alan Unger and Tammy Baney, the above-named Board of County Commissioners of Deschutes County, Oregon, acknowledged the foregoing Instrument, on behalf of Deschutes County, Oregon. Dated thisZZ/ day of , 2010. NOTARY PUBLIC FOR OREGOkl,,, My Commission Expiresi` 6 PAGE 2 OF 2 - DEDICATION AND ACCEPTANCE EXHIBIT 1 PAGE 3 OF 4 • EXHIBIT A WllPaWic ROADWAY BIGHT -OF -WAY DEDICATION LEGAL DESCRIPTION A strip of land, 60,00 feet in width, lying in the Southeast one-quarter of Section 7 and Ma Southwest one-quarter of Section 8, Township 17 South, Rango 12 East, Willamette Meridian, Deschutes County, Oregon, said strip being 30.00 feet on either side, when measured perpendicular to, the following describod conterltnet Commenoing at the SE one -sixteenth corm of the Southeast ono -quarter of Section 7, Township 17 South, Rango 12 East, Willamette Meridian, said corner being monumented with a 1 Inch pipe with brass cap; thence North 89°34'08" West, 234,38 fest to the northwest corner of Parcel 2 as described in Statutory Warranty Doed recorded et 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 sold Paroel 2, South 00909122" West, 213.03 feet to the True Point of' Beginning of this centerline description; thence leaving said west lino, South 89°50'38" East, 52,20 feet to a point of curvature; thence along the arc of a 1,000.00 that radius ourve to tho left, through a central angle of 01°55'43", an aro length of 33,66 foot (tho chord of whioh boars North 89°11'30" East, 33.66 feel) 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 21941'06", an arc length of 113,54 feat (the chord of which boars North 77°23'06" East, 112,87 that) to a point of tangency; thane North 66°32'33" East, 195.31 feet to a point of curvatura; thence along the arc of a 300,00 foot radius curve to tho right, through a contra) anglo of 70°09' 19", an aro length of 367,33 feet (the chord of which hears South 78°22'47" Bast, 344.81 feat) to a point of reverse curvature; thence along the aro of a 300.00 foot radius curve to the left, through a central angle of 95°02'02", an aro longth of 497,60 foot (the chord of which bears North 89°10'51" Bast, 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 aro length of' 398,49 feet '(the chord of which bears North 79943'00" Fast, 369,83 feat) to a point of tangoncy; thonoe South 62°13'51" East, 273,17 feet to a paint of ourvaturo; thence along the arc of a 300.00 foot radius curve to tho left, through a central angle of 20°02'27", an are length of 104.93 foot (tlie 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 foot to e point on tho westerly right-of-way of the Old Bend -Sisters highway (08 Riley Road) and the terminus of said oonterline description, From said terminus point, the Southwest corner of Section 8, Township 17 South, Rango 12 Bast, Willamette Meridian, boars South 54°03'43" West, 1,827,91 feet, The sidelines of the above described strip of laud shall be lengthened or shortened to unatoh the west line of sold Parcel 2 and said westorly right-of-way of the Old Bend -Sisters Highway. The basis of bearings for the describod tract of land is tho Central Oregon Coordinate System, rAerool. 01.ur[o, WON' k1nV3345 Astree/lf/a°m.nl,tuIS1>lAN°Ro,dx.y ROW e.°kn ion 4pkl.,h.r euhh-sRN e166104, 123 SW Colombia Street • fiend, 91197702 • T 541,388.4255 . 4 541,388.4229 . www.whpaelftc.com EXHIBIT 1 EXHIBIT B PAGE 4 OF 4 60' RIGHT OF WAY DEDICATION EXHIBIT MAP BROOKS RESOURCES CORPORATION GOPHER GULCH RANCH I onottso wro 1 EXHIBIT 038539-V-RW-EXBT Mil TW MOW 1 RAT OM! wow 1 Pacific ANY PON1 (4r$,A04.0* elf 91.11C011.0117111,n411 n l'YtAttl0414WWAI JIMY4441,1j Q°4111 I NIrld 3AILVIAEIL 821.V.I.13 HMOS WNW 011111101' EADNICIONIAMA Cre43 * .1 stirik1401/;v:14. :Sq NAM) 411. TWA WILUSal —74"- otsakir ws mow EXHIBIT C PAGE 1 OF 2 LEGAL DESCRIPTION A strip 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 SB one -sixteenth corner of the Southeast one-quarter of Section 7, Township 17 South, Range 12 East, Willamette Meridian, said corner being ntonumented 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 monumental 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 lino, South 89°50'38" East, 52,20 feet to a paint of curvature; thence along the arc of a 1,000.00 foot nidius curve to the left, through a central angle of 0l°55'43", an arc length of 33.66 feet (thc 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" East, 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 are length of 367.33 Poet (the chord of which hears South 78°22'47" East, 344.81 feat) to a point of reverse curvature; thence along the aro of a 300.00 foot rcdius 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 ora tea 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 bears North 79°43'00" Fast, 369,83 feet) to a point of tangency; thence South 62°13'51" 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 feat to a point on the westerly right-of-way of the Old Bend -Sisters Highway (OB Riley Road) and the terminus of aaid centerline description. From said terminus point, the Southwest corner of Section 8, Township 17 South, Range 12 East, Willamette Meridian, boars 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 right-of-way of the Old Bend -Sisters Highway, The basis of bearings for the described tract of land is tho Central Oregon Coordinate System, t u wb Raavwt„ Catfgotiar10901tAt4rvvytaauma 411.519 tANO RaNhay R°W°odb@an 14,744•1.6, eukirSR" COCOA< EXHIBIT C PAGE 2 OF 2 I irimioliimoin amilliliii i lifiiliiiiAlldolliB1111111111lliiiiligil11411111111i111YIWi111111 1111 oYdIIYdJimidu+kVVquGVu'� 1111iuldll11,1'i dildilll IhIWIl,14iii l.:,,411 i,kiklWduuOidli ❑ ,_.� ,s e Deschutes County Board of Commissioners 1300 NW WaII 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 Order No. 2017-012, Vacating 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 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 Order finalizes the vacation process FISCAL IMPLICATIONS: None ATTENDANCE: George Kolb, County Engineer RECOMMENDATION & ACTION REQUESTED: Move approval of Board Signature of Order No. 2017-012, Vacating 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