2018-50-Order No. 2018-005 Recorded 2/7/2018REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2018-50
Nancy Blankenship, County Clerk
Commissioners' Journal 02/07/2018 8:30:53 AM
i
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating Portions of E Ave., F
Ave., G Ave., H Ave., and 19th Street Located
in the Hillman Subdivision (Terrebonne),
located in Deschutes County, Oregon
ORDER NO. 2018-005
WHEREAS, proceedings for vacating portions of E Ave., F Ave., G Ave., H Ave., and 19th
Street located in the Hillman Subdivision (Terrebonne), 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.
Section 4. That a utility easement shall be reserved across the vacated parcel for future
utilities according to Deed Record #2018-001965.
Page 1 of 2 — ORDER NO. 2018-005
Section 5. 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 5 day of
(Reeording Secretary
STATE OF OREGON
)SS.
County of Deschutes
2018.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
at—
ANT 0 Y 1 R
atF
PHI
EBONEJ H
C\
bERSON, VICE CHAIR
TAMMY BANEY, COM
SIONER
Before me, a Notary Public, personally appeared ANTHONY DEBONE, PHILIP G.
HENDERSON, 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
day ofi brig, ..0.
018.
OFFICIAL STAMP TA
SHARON RENEE ROSS My Comm
NOTARY PUBLIC -OREGON
COMMISSION NO, 928178
MY COMMISSION EXPIRES MAY 04, 2018
Page 2 of 2 — ORDER NO. 2018-005
UBLIC SR OREGON
tsion Exires: 1-1
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:
Located in l -t boo , -e. , Deschutes County.
Reason for road vacation request:
DATED this � day of
PRINT NAME
o
% Li -4-:=2-9b. LOA 2- (Pc
eke e . L. A-i-boLf
SIGNATURE
711,if
STATE OF OREGON
A ) ss,
County of.\"1(Ldfi )
ADDRESS CITY STATE ZIP
Y°0 etok203� ok A-1icn
szr5s ,.ra /5-1'
190,6ax 324
T0.17,70 bon'
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On thisday of Razi , in the year 20 ../, before me, a Notary Public, personally appeared
j\t ijrr'\ t.,c )6orc\\f.t, <j 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.
WI ttalbandilarid f ial
Notary Public for Oregon.
My Commission expires:
Millli,111,111 Ie .,
OFFICIAL STAMP
AMANDA M °MBCA
NOTARY PUBLIC OREGON
COMMISSION NO, 946122
MY CCCk,3NtlSSK7N EXPIRES JANUARY �7, 2Q2
Page 1 of 2
STATE OF OREGON
County of
On this day of in the year 206, before me, a Notary Public, personally appeared
kr� C', L. [_r 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.
)
)
SS.
Exhibit "A"
2 of 2
OFFICIAL STAMP—
JUDY R, SWIFT LANNING
NOTARY PUBLIC, OREGON
COMMISSION N0, 9211986
cO MXISS10 EXPIRES NOVEMBER 11, 2017
STATE OF OREGON
County of
SS.
WITNESS my i rid"r d official seal
Notary Public for Oregon.
My Commission expires: //////i7
On this day of , in the year 20 1Y,, before me, a Notary Public, personally appeared
_1(,./a - sw. 1 ps h/lt -a- of AacJS•=v• 6ervev,. Lc -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
instrument, and acknowledged that he (she, they) executed it.
WITNESS my hand and offici
OFFICIAL STAMP
JUDY R, SWIFT TANNING
" NOTARY PUBLIC. OREGON
COMMISSION NO, 921986
�(Y COMPaSSION EOIIREs NOVEMBER 11, 2017
STATE OF OREGON )
��,, Glu )
County of JOS' )
�
On this 1 J r day of
me on the basi
instrument, an
Notary Public for Oregon.
My Commission expires:
SS.
/ '7
„ , in the year 2014, before me, a Notary Public, personally appeared
X2rt. S personally known to me (or proved to
of satisfactot(y'evidence) to be the person(s) whose name(s) is(are) subscribed to this
acknowledged that he (she, they) executed it.
WIT > SS my han
OFFICIAL STAMP
BONNIE BAKER
NOTARY PUBLIC -OREGON
COMMISSION NO. 936466
MY COMMISSION EXPIRES FEBRUARY 17, 2019
official seal
Notary Public for Oregon.,7
My Commission expires: �f"ll , (7, z-0(
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITIONN CIRCULATED BY ME.
SIGNATURE
°o & -0037_
o zk 9. 7760
ADDRESS
TELEPHONE: cC�' c�I -1 3 1
Page 1 of 2
T ES
w
EXHIBIT "B"
-< Road Department
Engineer's Report
61150 SE 27th St. • Bend, Oregon 97702
{541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer, Deschutes County Road Department
DATE: January 30, 2018
SUBJECT: Vacation of Portions of E Ave., F Ave., G Ave., H Ave., and 19th Street in
Terrebonne, OR
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of
public road right-of-way.
Background:
Deschutes County Road Department received a petition from Jackson Brown, LLC to vacate
portions of E Ave., F Ave., G Ave., H Ave., and 19th Street in Terrebonne, Oregon. Jackson Brown
LLC is owned by Rob Jackson and Tim Brown, and they are in the process of reconfiguring the lots
located west of 1st Street and east of the BNSF railroad right of way to better utilize their property.
Staff conducted an inspection of the site and found there are no roadway improvements located in
these right of ways and there are no indications that traffic has used these right of ways. There are
no above ground utilities evident on the right of way.
This vacation will land lock several parcels, six (6) of which are owned by Jackson Brown LLC and
one (1) that is owned by Deschutes County (See Exhibit "1", attached). Pursuant to ORS 368.331, a
County governing body shall not vacate public lands under ORS 368.326 to 368.366 if the vacation
would deprive an owner of a recorded property right of access necessary for the exercise of that
property right unless the county governing body has the consent of the owner. The following
properties are affected by this vacation:
• Tax Lot 141316DA00099: The owner of tax lot 141316DA00099, Deschutes County, signed a
"Property Owners Consent to Vacate Road which will Deprive Lots Rights of Access". James
Lewis, Property Manager for Deschutes County has signed the document, "Property Owners
Page 1 of 3
Consent to Vacate Road Which will Deprive Lots Rights of Access" attached as Exhibit "2" to
the Engineers Report.
• Tax lots 141316DA00097, 41316DA00101, 41316DA01000, 141316AD00097,
141316AD00099 and 141316AD00600: The owners of tax these tax lots signed a "Property
Owners Consent to Vacate Road which will Deprive Lots Rights of Access". Rob Jackson,
also known as Robert Jackson, is a member of Jackson Brown LLC signed the document,
"Property Owners Consent to Vacate Road Which will Deprive Lots Rights of Access"
attached as Exhibit "3" to the Engineers Report.
The petitioners have requested the vacation of this right-of-way to allow them to better utilize
their existing properties through a property line adjustment. The properties will still have
access to a public right-of-way, specifically 1st Street to the east either by direct frontage or use
of an easement.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Bend Broadband: No response.
Cascade Gas: No response.
Central Electric Co-op: Correspondence from Parneli Perkins dated 8/2/2016 - "CEC has no
concerns and is in favor of the vacation."
COI Irrigation: No response
Pacific Power: No response
PGT: No response.
CenturyLink: No response
Terrebonne Water Company: Correspondence from Dan Bruce dated 1/24/2018 — "Terrebone
Domestic Water District would be in favor of the road vacations that Jackson Brown LLC is
looking to vacate. If easement #2018-001965 filed by Jackson Brown LLC on January 16, 2018 is
included and remains a part of the deal on the road vacations. The District is needing an
easement for future water infrastructure thus the reasoning this request."
Redmond Fire Department: No response
Deschutes County Community Development Department: No response
Deschutes County Legal Counsel: No response
Page 2of3
Findings:
Based upon responses to the preliminary notices and the Department's research of the subject
right of way, the Road Department makes the following findings:
1. The right-of-way proposed for vacation was dedicated for road purposes on the official plat
of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office of the
County Clerk, Deschutes County, Oregon
2. A utility easement to the satisfaction of Terrebone Domestic Water District has been
recorded (Deed Record #2018-001965, attached as Exhibit "4").
3. The subject roads were never constructed or open for traffic.
4. The vacation allows the applicants to better utilize their property.
Recommendation;
Based on the above findings, Road Department has determined that the proposed vacation is in
the public interest. This property is not needed for roadway purposes and will not be needed in
the future. Road Department recommends that the Board approve the vacation of this public
right-of-way as described in proposed Order No. 2018-005 subject to the following conditions:
1. A utility easement shall be reserved across the vacated parcel for future utilities
according to Deed Record #2018-001965.
2. No opposition to the vacation is reported to the County prior to presentation to the
Board of County Commissioners.
3. The vacated property shall vest in the rightful owner holding title according to law
pursuant to ORS 368.366 (1)(c).
Page 3of3
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. HAVE .„
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Land Locked Parcels
Exhibit 1
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Location of -
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flJ - Deschutes County
- Vacated Right -of -Way
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300
Printed: August 16, 2016
600
900 Feet
Legend
= Land Locked -4— Railroad
tn Vacation State Highway
Taxiots
The information on this map was derived from digital databases on
Deschutes County's 131.8 Care was taken in the creation ofthis
map, but it is provided "as is" Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product However, notification
of any errors will be appreciated.
•
Road Centerlines
ty, At!m, (.d At k,i't,tts'.
! It
4,00to,
Road Department
PAArcGIS_Projectsland Locked Parcels Verrebonne\
EXHIBIT "2"
Property Owners Consent to Vacate Road Which will Deprive Lots Rights of Access
I, Deschutes County am the owner of Tax Lot 141316DA00099 located in Deschutes County
Oregon. The proposed vacation of E Avenue, F Avenue and 19th Street will deprive Tax Lot
141316DA00099 access to a public road and effectively make this lot land locked.
According to chapter 368.331 of the 2015 Oregon Revised Statutes:
368.331 Limitation on use of vacation proceedings to eliminate access. A county governing
body shall not vacate public lands under ORS 368.326 to 368.366 if the vacation would deprive
an owner of a recorded property right of access necessary for the exercise of that property right
unless the county governing body has the consent of the owner. [1981 c.153 §35]
I hereby give the County Commissioners consent to proceed with this road vacation.
DATED this /-7 day of
Lewis, Property M-fiagement Specialist, Deschutes County
STATE OF OREGON
County of Deschutes
, 2016.
OFFICIAL STAMP
JESSICA ANNE CAMPBELL
NOTARY PUBLIC OREGON
SS, COMMISSION NO. 930768
} MY COMMISSION EXPIRES JULY 27, 2018
T ie foregoing instrument was acknowledged before me by 7-- /ew'
this 15 day of c , 2016.
NOTARY,BLIC FOR OREGO �3yi
MY C2 MISSION EXPIRES: t�
C:\Users\Kolb\Documents\WORD\Vacations\landlocked parcel - Deschutes County.doc
��g
EXHIBIT "3"
Property Owners Consent to Vacate Road Which will Deprive Lots Rights of Access
I Rob Jackson as the owner of Tax Lots 14-13-16DA-00100 (Lots 1-32 Block 173 of Hillman
Addition), 14-13-16AD-00100(Lots 1-9 Block 170 of Hillman Addition), 14-13-16AD-00101(Lots
1-16 Block 171 of Hillman Addition), 14-13-16AD-00102(Lots 1-16 Block 172 of Hillman
Addition) as well as the future landlocked parcels listed below in Deschutes County Oregon. The
proposed vacation of E Ave, 19th St. F Ave, G Ave. and H Ave will deprive the following lots within
the aforementioned Tax Lots 14-13-16DA-00100, 14-13-16AD-00100, 14-13-16AD-00101, 14-13-
16AD-00102 access to a public road and effectively make these lots land locked:
14-13-160A-00097
14-13-16DA-00101
14-13-16DA-01000
14-13-16AD-00097
14-13-16AD-00099
14-13-16AD-00600
According to chapter 368.331 of the 1997 Oregon Revised Statutes:
"368.331 Limitation on use of vacation proceedings to eliminate access. A county governing
body shall not vacate public lands under ORS 368.326 to 368.366 if the vacation would deprive
an owner of a recorded property right of access necessary for the exercise of that property right
unless the county governing body has the consent of the owner. [1981 c.153 s.35]'
hereby give the County Commissioners consent to proceed with this road vacation.
DATED this % day of /' ft- V/ , 20 16..
STATE OF OREGON
County of Deschutes
) SS.
)
The foregoing instrument was acknowledged before me by Hebb . J ec-GlcS
this 9 day of , 20
*. 1410 also
e
G:Uackson Brown\landlocked parcel Terrebonne.doc
NOTARY PUBLIC Fork OREGON
MY COMMISSIONEXPIRES:EXPIRES: /1/1/ 1/ 7
OFFICIAL, STAMP
JUDY R. SWIFT LANNING
NOTARY PUBLIC. OREGON
COMMISS10N N0. 921986
14' t tSSION EkP[[RES +tWMEi10E011, 2017
Return to Western itle & Escrow
AFTER RECORDING
RETURN TO:
Fitch Law Group PC
210 SW 5th Street, Suite 2
Redmond, OR 97756
Recorded by Western Title as an
accommodation only. No liability
accepted for condition of title or
validity, sufficiency or affect
of document.
EXHIBIT "4"
Deschutes County Official Records 2018-001965
D -EAS
Stn=1 BN 01/1712018 12:46:00 PM
$25.00 $11.00 $10.00 $21.00 $6.00 $73.00
I, Nancy Blankenship, County Clerk for Deschutes County, Oregon,
certify that the instrument identified herein was recorded in the Clerk
records.
EASEMENT
Nancy Blankenship - County Clerk
This Easement is dedicated by JACKSON BROWN LLC hereinafter referred to as
"Grantor" to the Public hereinafter referred to as "Grantee". This is a public access and utility
easement.
RECITALS:
WHEREAS, Grantor is dedicating to the public an access and utility easement across the
properties as described in Exhibit A; and
WHEREAS, the easement location is described on Exhibit B; and
WHEREAS, the owners of the lots subject to the easement shall have access to place private
underground utilities within the easement.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING, the parties agree as
follows:
1. DEDICATION OF EASEMENT:
For good and valuable consideration Grantor hereby dedicates a public easement thirty
(30) feet in width for access and underground utilities across the property described in Exhibit A
and more particularly described in Exhibit B attached hereto and incorporated by reference
herein.
2. MAINTENANCE.
The maintenance of the access easement shall be the responsibility of the owners of the
lots developed within the property described in Exhibit A. The owners of the property described
in Exhibit A and their successors and assigns shall maintain the easement area described above
for access purposes. In carrying out this responsibility, Grantors agree not to plant to any tree,
shrub or plant within the easement area, nor build any structure or place any fence in the
Page 1 — EASEMENT AGREEMENT
GAClients\ETRJackson Brown LLalackson Brown LLC RE \Utility -Public Access Eascmcnt.docx
FITCH LAW GROUP, PC
210 SW 5°' St., Ste. #2
Redmond OR 97756
Phonc: 541-316-1588
Fax: 541-316-1943
EXHIBIT "4"
easement without first obtaining written peimission from Grantee. Balm, poplar, locust,
cottonwood or willow trees should not be planted near the easement. It is understood that
Grantee may remove any physical obstructions including buildings, fences, trees, or shrubbery,
and abate any use of the easement if Grantee finds that the physical obstruction or use will
interfere with the Public Utilities or Grantee's easement rights granted above, without
recompense to the Grantors. The owners of each underground utility shall maintain said utilities.
. STATEMENT OF PURPOSE:
The easement described above shall be for access and underground utilities, including but
not limited to, waterline(s) of the Terrebonne Water District, power and sewer (septic). Grantee
and its contractors, subcontractors, agents or employees shall have the right to enter and occupy
the easement for the purpose of constructing, operating and maintaining the Public Utilities,
including inspection, repair, replacement, removal or renovation of the Public Utilities.
4. TYPE OF EASEMENT:
The easement described above shall be non-exclusive and shall be perpetual. Grantors
and Grantee intend that this easement bind Grantors, their heirs, successors and assigns. This
easement will not be considered abandoned until Grantee has declared the easement abandoned
and no longer in use by Grantee, and releases this easement in a duly executed and recorded
Release of Easement.
5. REMEDIES:
In addition to all other remedies allowed by law, the parties, their successors and assigns,
shall have the right to seek injunctive relief for the enforcement ofthe terms and conditions of
this agreement. If either party is required to bring suit or action to enforce the terms easement,
the prevailing party shall be entitled to recover such sums as the court may adjudge reasonable as
attorney fees and costs in such suit or action, or upon appeal.
6. BINDING EFFECT ON SUCCESSOR MI ERESTS:
The terms, conditions and provisions of this agreement shall extend to, be binding upon
and inure to the benefit of the heirs, personal representatives and assigns of the parties.
7. ATTORNEY FEES:
In case suit or action be instituted upon or in connection with this agreement, the
prevailing party shall be entitled to recover from the losing party such sums as the court may
adjudge reasonable as attorney fees and costs in such suit or action, or upon appeal.
DATED this day otile.Gemte,-241-7-.
.11.0 2-4)1
Page 2- EASEMENT AGREEMENT
G:\CUents\EP1Jakson Brown LLalackson Brown LLC RE \Utility -Public Access Easementdocx
Frrol LAW GROLTP, PC
210 SW 54' St, Ste. #2
Redmond OR 97756
Phone: 541-316-158S
Fax. 541-316-1943
STA I E OF OREGON )
) ss.
County of Deschutes
EXHIBIT "4"
GRANTOR:
JACKSON BROWN LLC
By:
Rob ackso , Member
Zeutortfia,ZolS
Personally appeared before me this 1(, day ofDecctxl,...r zf47, by ROB JACKSON as Member
of Jackson Brown, LLC and acknowledged the foregoing instrument to be its voluntary act and deed.
otary iiblic for Oregon
OFFICIAL STAMP
DAYDRA LEE ST JOHN
NOTARY PUBLIC -OREGON
COMMISSION NO. 953331 A
MY COMMISSION EXPIRES AUGUST H. 2020
Page 3 — EASEMENT AGREEMENT
G:\Clients\EPFVackson Brown LLCVackson Brown LLC RE\Utility-Public Access Easementdocx
FITCH LAW GROUP, PC
210 SW St St, Ste. #2
Redmond OR 97756
Phone: 541-316-158g
Fax: 541-316-1943
EXHIBIT "A"
A PUBLIC ACCESS AND PUBLIC UTILITY EASEMENT,
LOCATED IN THE TOWNSITE OF "HILLMAN",
SITUATE IN THE NE1/4 SE1/4 AND
THE SE -1/4 NE1/4 OF SECTION 16,
TOWNSHIP 14 SOUTH, RANCE 13 EAST, W.M.,
DESCHUTES COUNTY, OREGON
LINE AND CURVE DATA
NO. DIRECTION DISTANCE RADIUS LENGTH DELTA
L1 SO0'49'09"W
L2 N89'48' 17"W
C3 552'24'32"W
L4 514'37'20"W
05 S37'38'28"E
L7 N70°00'00"E
L8 N59'00'00"E
L9 N29°00'O0"E
L10 S61'00'00"E
L77 500'11'02"E
L72 N61'00'00"W
L13 S29'O0'OO"W
L14 559'00'00"W
L15 S70'OO'00"W
L16 N89°54' 17" W
C17 S52'21
L18 S14'37'20"W
L19 N75'22'40n•W
L20 N14'37'20"E
C21 NI4'08'33"E
30.00'
198.39'
61.27' 50.00' 65.95' 75'34'23"
890.89' •----
37.63' 20.00' 36.4.9' 104'31'37"
58.60'
185.40'
104.54'
88.83'
22.97'
80.00'
109.90' ---•-----.__.__----------
176.33'
83.90'
117.15'
24.48' 20.00' 26.35' 75'28'23"
20.00'
20.00'-- -- 939.64'
97.65' 5829.65' 97.65' 00'57'35"
L22 289'48' 1E 261.58'
ir
REGISTERED
PROFESSIONAL'
LAND, SURVEYaR
6A
OREGON
JULY 15, 1983
WILLIAM C. BAHRKE
2039
Renewal Date: 12/31/17
PREPARED DECEMBER 6, 2017
POVEY AND ASSOC. LAND SURVEYORS
P.O. 50X 131, REDMOND, OR 97756
(541) 548-6778 76-022L.DWG
100° f
700'
L19
L20
EXHIBIT "4"
1.
f a
loo,
021
LOT 2
BLOCK 171
LOT 1 in L22 0
03.00;.....................!.\A,.... ,.........
mor Nem
mni
1
1
1 .
1
1
1
1
1
1
1
1
1
1
1
1
1
•
NI' - PUBLIC ACCESS AND
PUBLIC UTILITY EASEMENT
(CONTAINS 7.21 ACRES
SEE DESCRIPTION -
EXHIBIT "8")
•
1
1
Jo'
1
1
1 L4
0 AVENUE
(VACATED)
S
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1 C5
t L6NOM;
4
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JL18
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157 L8,0f �1
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'0�L?4 o`t ti
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L7 or,*I
• o
ti
a
E AVENUELJ
(VACATED) .a.•
SCALE:
1" 100'
BLOCK 172
F AVENUE
(VACATED)
BLOCK 173
30'
1/4
j 1
L9l,"
L12 4. L11
j/ L13��RS
C3 26
LIJ
w
4.111.4 CP'ik r
,r.- L15
EXHIBIT "4"
EXHIBIT "8" - DESCRIPTION -
A PUBLIC ACCESS AND PUBLIC UTILITY EASEMENT,
LOCATED IN THE TOVVNSITE OF "HILLMAN",
SITUATE IN THE NE1/4 SEI/4 AND
THE SE1/4 NE1/4 OF SECTION 16,
TOWNSHIP 14 SOUTH, RANGE 13 EAST,
DESCHUTES COUNTY, OREGON
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 777,
HUMAN, A SUBDIVISION IN DESCHUTES COUNTY, OREGON; FROM
WHICH THE SOUTHEAST CORNER OF SAID BLOCK 771 BEARS
500'49'09"W, 25.00 FEET, AND FROM WHICH A 5/8" REBAR
MONUMENTING THE EAST 1/4 CORNIER OF SECTION 76, TOWNSHIP 14
SOUTH, RANGE 13 EAST, WILLAMETTE MERIDIAN BEARS S01'54'09"E,
637.78 FEET; THENCE S00'49'09"W ALONG THE EAST UNE OF SAID
BLOCK 171, AND ALONG ITS PROLONGATION, 30.00 FEET; THENCE
N89°48'17"N, 798,39 FEET; THENCE 65.95 FEET ALONG THE ARC OF
A 50.00 FOOT RADIUS CURVE TO THE LEFT THE LONG CHORD OF
WHICH BEARS 552'24'32"W, 61,27 FEU; THENCE 574'37'20W,
890.89 FEET; THENCE 36.49 FEET ALONG THE ARC OF A 20.00 FOOT
RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS
S373828" E, 31.63 FEET; THENCE S89°54'1 7"E, 58.60 FEET;
THENCE N7000'00" E, 104.80 FEE(; THENCE N5900'00" E, 185.40
FEET; THENCE N290000" E, 104.54 FEET; THENCE S51-00'00" E,
88,83 FEET TO THE EAST LINE OF BLOCK 773, HILLMAN; THENCE
50011'02' 'E ALONG SAID EAST LINE, 22.97 FEET, FROM WHICH THE
SOUTHEAST CORNER OF SAID BLOCK 173 BEARS 500'17'02"E, 147_89
FEL I , AND FROM WHICH SAID 1/4 CORNER BEARS N10°05'12" E.,
168.26 FEET; THENCE N 67-0000" W, 80.00 FEET; THENCE
529'0000'W, 709.90 FEET; THENCE S5900'00"W, 176.33 FEET;
THENCE 57000'00"W, 83.90 FEET TO THE CENTERLINE OF E AVENUE
(VACATED); THENCE N89'54'7 7'W ALONG SAID CENTERLINE, 177.13
FEE /; THENCE 26.35 FEET ALONG THE ARC OF A 20.00 FOOT
RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS
S52'21',32"W, 24.48 FEET; THENCE S14'3720"W, 20.00 FEET;
THENCE N75°22'40" W, 20.00 FEET TO THE EAST RIGHT-OF-WAY LINE
OF THE BURLINGTON NORTHERN - SANTA FE RAILROAD, BEING 100
FEET FROM THE CENTERLINE OF SAID RAILWAY; THENCE N14'37'20''E
ALONG SAID EAST RIGHT-OF-WAY UNE, 939.54 FEET; THENCE ALONG
SAID EAST RIGHT-OF-WAY UNE, AND 97.65 FEET ALONG THE ARC OF
A 5829.65 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD QF
WHICH BEARS N1408133" E, 97.65 FEET, TO THE PROLONGATION OF
THE NORTH UNE OF SAID LOT 1, BLOCK 177; THENCE 589'45'77'E
ALONG SAID PROLONGATION, AND ALONG SAID NORTH LINE, 261.58
FEET TO THE POINT OF BEGINNING.
THE SAME CONTAINING 1.21 ACRES.
A SKETCH OF THE EASEMENT DESCRIBED
ABOVE IS SHOWN ON THE ATTACHED
EXH/BIT "A", WHICH IS HEREBY
INCORPORATED BY REFERENCE.
PREPARED DECEMBER 6, 2017
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 731, REDMOND, OR 97756
(541) 548-6778 16-0221...DWG
f
REGISTERED
PROFESSIONAL
LAND RVEYO:
OREGON
JULY 15, 1983
WILLIAM G. BAHRKE
Z039
Renewcl Date: 12/31/17
EXHIBIT "C"
STREET VACATIONS LOCATED IN THE. ['OWNS/TE OF "HILL MAN",
SITUATE IN THE NE1/4 SE1 /4 AND THE SE1/4 NE1/4 OF
SECTION 16, TOWNSHIP 14 SOUTH, RANGE 13 EAST, W.M.,
DESCHUTES COUNTY, OREGON
ASSESSOR'S MAP NO. 14 13 160A AND
ASSESSOR'S MAP NO. 14 13 16AD
DESCRIPTION OF STREET VACATIONS
DESCRIPTION OF STREETS TO BE VACATED, LOCATED IN THE
TOWNSITE OF "HILLMAN", DESCHUTES COUNTY, OREGON:
E AVENUE BETWEEN THE EAST LINE OF THE RAILROAD TRACT AND THE
EAST LINE OF 19TH STREET; 19TH STREET BETWEEN THE SOUTH LINE
OF E AVENUE AND THE NORTH LINE OF F AVENUE; F AVENUE BETWEEN
THE EAST LINE OF. THE RAILROAD TRACT AND THE WEST LINE OF
EAST STREET; 0 AVENUE BETWEEN THE EAST LINE OF THE RAILROAD
TRACT AND THE WEST LINE OF EAST STREET; H AVENUE BETWEEN THE
EAST LINE OF THE RAILROAD TRACT AND THE WEST LINE OF EAST
STREET.
LEGEND
"", • • •,'::\<\\-,
BLOCK NUMBER — 172
REGISTERED
PROFESSIONAL
LAND SURVEYOR
(t'4
OREtOON
JULY 15, 1953
WILLIAM G. BAHRKE
2039 -
Renewal Date: 12/31/17
PREPARED MAY 25, 2016
SCALE:
1" — 200'
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548-5778 16 022L,DWG
170
171
172
166
173
5 AVENUE
174
TES
o -< 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 February 5, 2018
DATE: January 30, 2018
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2018-005, Vacating Portions of E Ave., F Ave., G
Ave., H Ave., and 19Th Street in Terrebonne, OR
RECOMMENDATION & ACTION REQUESTED:
Move for approval of Board signature of Order No. 2016-035.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition from Jackson Brown, LLC
("Petitioners") to vacate portions of E Ave., F Ave., G Ave., H Ave., and 19th Street in
Terrebonne, Oregon. Petitioners have requested the vacation of subject right of ways to allow
them to better utilize their existing properties through a property line adjustment.
All of the abutting property owners have signed the vacation petition, so the Board of County
Commissioners may make a determination for the vacation without a public hearing pursuant to
ORS 368.351.
Adoption of Order No. 2018-005 will vacate the subject property, vesting it with the rightful owner
holding title according to law pursuant to ORS 368.366(1)(c).
FISCAL IMPLICATIONS: None. Petitioners have paid road vacation petition fee.
ATTENDANCE: Cody Smith, County Engineer