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2018-373-Order No. 2018-060 Recorded 9/10/2018Recorded in Deschutes County CJ2018-373 Nancy Blankenship, County Clerk Commissioners'Journal 09/10/2018 1:27:48 PM 1111111111 ILII 1111111111 r 2018-373 Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Official Records 2018-36766 Nancy Blankenship; County Clerk REVIEWED mo- 1111111111111111111111111111111111111111111111111111 NO FEE LEGAL COUNSEL 01192574201800367660480480 09/10/2018 12:16:15 PM D-EASR Cnt=1 Stn=1 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 a Slope Easement along Skyline Ranch Rd and Meeks Trail in Deschutes County, Oregon ORDER NO. 2018-060 WHEREAS, proceedings for vacating a portion of a slope easement along Skyline Ranch Road and Meeks Trail located in Deschutes County, Oregon and dedicated to Deschutes County on the Tetherow Phase 1 plat, were initiated by a petition filed by owners of property underlying and abutting said portion of slope easement 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 private property proposed to be vacated and acknowledged signatures of owners of 100 percent of property abutting public 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 private property proposed to be vacated and owners of 100 percent of property abutting public 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. 2018-060 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 C5 day of 2018. ATTEST: �-- Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON AN HO Y DEBONE, C' A PHILJ.P G. HFNDERSON, VICE CHAIR TAMMY BANEY, COMMISSIONER 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 of " Vr _ \ '2018. OFFICIALSTAMP NOTARY PUBLIC rOR OREG N SHARON RENEE KEITH M Commission Expires: q - COMMA SIN PUBLIC -OREGON 9 227 y p — MY ()OMMAISSION EXPIRES APRIL 26, 2022 Page 2 of 2 – ORDER NO. 2018-060 ORDER NO. 2018-060 EXHIBIT 1°A°° PETITION ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 1 OF 33 PETITION FOR EASEMENT VACATION (Skyline Ranch Rd./Meeks Trail Slope Easement) APPLICANT: Tetherow Vacation Homes, LLC ATTN: Chris van der Velde, Manager 61240 Skyline Ranch Rd Bend, OR 97702 ATTORNEY: Garrett Chrostek Bryant, Lovlien & Jarvis, P.C. 591 SW Mill View Way Bend, OR 97702 ENGINEER/SURVEYOR: Keith D'Agostino D'Agostino Parker, LLC 185 SW Shevlin Hixon Drive, Suite 101 Bend OR 97702 AFFECTED PROPERTIES: Development Tract 'CC', Common Area Tract 'B', and Lots 19, 20, and 21 of Tetherow Vacation Homes, Phase IA, as per the plat thereof recorded in Volume 2015, Page 35405, Official Records, Deschutes County; and Common Area Tract 'G', Common Area Tract D', and Lots 14, 15, 16, 17, 18, and 22 of Tetherow Vacation Homes Phases IB and II, recorded in Volume 2016, Page 46935, Official Records, Deschutes County; all located in the Southeast Quarter of Section I 1 and the Southwest Quarter of Section 12, Township 18 South, Range I 1 East, Willamette Meridian, in Deschutes County, Oregon REQUEST: Vacation of a portion of the Skyline Ranch Rd. and Meeks Trail slope easement encumbering the Affected Properties established by Tetherow Phase 1 plat recorded September 24, 2007 as Document No. 2007-51564 EXHIBITS: A. Legal Description of Vacation Area B. Excerpts of Tetherow Phase 1 Plat C. Depiction of Slope Easement after Vacation D. County Vacation Petition Form executed by Applicant and other owners of Affected Properties E. Ownership Table {17617023-00963783;1} ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 2 OF 33 NARRATIVE A slope easement over the above described "Affected Properties" was dedicated to Deschutes County on the Tetherow Phase l Plat (the "Plat"). The portions of the Plat concerning the slope easement are attached hereto as Exhibit B. The slope easement covers more area than is needed because of grading and retaining walls installed as part of development of the Tetherow Resort. Consequently, the slope easement unnecessarily encumbers title to the Affected Properties and interferes with further development of the Resort. Applicant and the other owners of the Affected Properties request that the County vacate that portion of the slope easement described in 1 "xhibit A. The portion of the slope easement to remain is depicted in the attached Exhibit C. Because the area of the slope easement proposed for vacation does not eliminate any access, is not needed for road maintenance purposes, and removes unnecessary encumbrances to title, it is the public interest for the County to grant the requested vacation. {17617023-00963783;1} ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 3 OF 33 EXHIBIT A LEGAL DESCRIPTION OF VACATED AREA [attached] {17617023-00963783;1} ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 4 OF 33 Exhibit A Tetherow Vacation Homes Deschutes County Slope Easement Vacation Area All those portions of Development Tract 'CC', Common Area Tract '13', and Lots 19, 20, and 21 of Tetherow Vacation Homes, Phase IA, as per the plat thereof recorded in Volume 2015, Page 35405, Official Records, Deschutes County; and Common Area Tract 'G', Common Area Tract 'D', and Lots 14, 15, 16, 17, 18, and 22 of Tetherow Vacation Homes Phases IB and II, recorded in Volume 2016, Page 46935, Official Records, Deschutes County; all located in the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12, Township 18 South, Range 11 East, Willamette Meridian, in Deschutes County, Oregon, more particularly described as follows: Commencing at the most westerly point on the boundary of said Tetherow Vacation Homes, Phase IA plat, being the initial point of said Phase IA plat, said point also lying on the public right-of-way of Skyline Ranch Road; Thence North 3402'09" East 15.00 feet to the Northerly line of a slope easement to Deschutes County per said plat of Tetherow Vacation Homes Phase IA; Thence along said Northerly line the following four courses; Thence South 5557'51" East 105.76 feet to the True Point of Beginning; Thence South 55°57'51" East 34.18 feet; Thence along the arc of a 323.00 foot radius curve to the left, through a central angle of 27°30'26", an arc length of 155.07 feet, the chord of which bears South 6943'04" East 153.58 feet; Thence North 64°19'49" East 342.58 feet to the Southeast line of said Lot 20; Thence South 55°43'27" West 87.66 feet along the Southeast line of said lots 20 and 21 to the most Southerly corner of said Lot 21; Thence South 55°12'07" West 52.68 feet to the most Easterly corner of said Lot 22; Thence South 55°43'27" West 91.24 feet along the Southeasterly line of said lot 22 to the most Southerly corner of said Lot 22; Thence South 74°45'43" West 98.76 feet; Thence North 80°23'01" West 86.40 feet; Thence North 66°59'41" West 52.09 feet; Thence North 59°51'50" West 44.10 feet; Thence North 44°37'15" West 33.46 feet to the True Point of Beginning. Together with: Commencing at the Southwest corner of said Lot 19; Thence North 76°39'58" East 15.22 feet along the South line of said lot 19 to the Northerly line of a slope easement to Deschutes County per said plat of Tetherow Vacation Homes Phase IA and the True Point of Beginning; Thence along said Northerly line the following four courses; Thence North 64°19'49" East 86.79 feet; Thence North 89°53'18" East 111.22 feet; Thence North 41°09'29" East 168.84 feet; Thence South 34°53'05" East 70.00 feet to the Northerly right-of-way of Meeks Trail, a private road; Thence, along said northerly right-of-way of Meeks Trail, along the arc of a 280.00 foot curve to the left, through a central angle of 25°05'29", an arc length of 122.62 feet, the chord of which bears South 42°34'39" West 121.64 feet; ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 5 OF 33 Thence, leaving said right-of-way, South 8953'18" West 164.81 feet to the South line of said Lot 18; Thence South 69°53'23" West 35.28 feet along said South line to the Southwest corner of said Lot 18; Thence North 23°41'48" West 8.72 feet along the West line of said Lot 18 to the Southeast corner of said Lot 19; Thence South 76°39'58" West 58.43 feet along the South line of said lot 19 to the True Point of Beginning. All together containing 0.48 acres more or less. PIENrAL DATE: Z -- 3 i—/ f ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 6 OF 33 EXIIIBIT B EXCERP'T'S OF TETHEROW PHASE I PLAT [attached] {17617023-00963783;1} ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 7 OF 33 Ul to erL� � Nao to alp h, SO0'41'30'W SKYLINE RANCH ROAD 079.76' DOC' le jr�- AVVIX.1— SEE S EET 18 SEE BELOW RIGHT Eii 0 0 U tv En 9 0 -0 En �K z m t2l M C> vmcn- 0cn- �o on w m z Es, -n 1 0 yW 0 z M rn 0 M z Ag SEE SHEET 20 'JP rig ffi ti I p -2 > SEE BELOW RIGHT Eii 0 0 U tv En 9 0 -0 En �K z m t2l M C> vmcn- 0cn- �o on w m z Es, -n 1 0 yW 0 z M rn 0 M z Ag SEE SHEET 20 'JP 44 ti I p 'ov iq Dk I SEE BELOW RIGHT Eii 0 0 U tv En 9 0 -0 En �K z m t2l M C> vmcn- 0cn- �o on w m z Es, -n 1 0 yW 0 z M rn 0 M z Ag SEE SHEET 20 Elk F W In 44 h+•1 SGf � t NC F m z fX w •tC w " m zw'o EF OZ az Z x � a C� C ri Vz]U c W z U) O ogz pa eGWU�~r IxLn �cr- v z z '^ W aw� i u Qun � F W �U �O �a ORDER NO. 2018-060 - EXHIBIT "A" PAGE 8 OF 33 1E k9' 14 � ffiNk' �' d'� y'C-.' �¢`��mng ��• i5 ��'� $ :;N-9 t L N �� .1 rd �a� M a I i , t h s S N � v I w J gggg� � � � s al �, W � z p :;N-9 t .1 rd �a� a i It t h s S N � v I w J gggg� � � :;N-9 t .1 rd i It t h s v I w J gggg� � � t rd i It v a � w J gggg� � � � s al �, W � z p rd ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 9 OF 33 EXHIBIT C DEPICTION OF SLOPE EASEMENT VACATION AREA [attached] {17617023-00963783;1} y` .y Jj o.�y mo n rri (1)co rTl �C �O Z 03 m r-- 0 �rri D O / ORDER - 9 O s z� C)0 / m m / 7 z z m ? r" x r z -0 m U) /0 Z O �l G7 O� U? CV)—{ 0 "yj x — m O jw(o N N w z0 N ��� m A a M D 0m if �• o Q z m 1. 02 < � ;y w D 2 If m .ZC7 zz z z .a W cn W r m o m z n; m m p--jcn oz -v m0 � m0 cn m c O O mm G) (Im n m m m o m \S �? z 0 7 z z crn ? r" rn = � r z -0 m D z (n m 0 Z O �l G7 r�*rn��° U? CV)—{ CDC)D p "yj x — m z�� jw(o N N w U) OD N ��� � � a rn crn ? w N r r z APP'D BY: KSD Z CHECK'D BY: KSD r r Z Y <N N N w z m W ? rn o Q o_ 02 ao D 2 W zz z z z W cn W r m o m ID rn (p w cn U a A O O G) v) < 3 O 0-4 _ APP'D BY: KSD Z CHECK'D BY: KSD 4% O 4z�'. — Y <N o v- O r7l 00 v) DESIGNED: KSD TETHEROW VACATION HOMES DRAWN BY.- KSD APP'D BY: KSD SLOPE EASEMENT VACATION CHECK'D BY: KSD EXHIBIT MAP _ LAST EDIT -8,1_76118 O PLOT DATE;8 16 78 -" BEND N SCALE: i PROJECT. OREGON DRAWING FILE NAME: rn O D'Agostino Parker, LLC 61278 ICING JEROBOAM AVE. BEND, OR 97702 P: (541) 693-4134 I r - Q z ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 11 OF 33 yrn �w C2 m Z SCALE: 0 z O K m 2 m 00 m -0 —1 \ a 9Om m z z� N K 0zo � M z 0 A m� -n � ry f O 0 J �1. L m O � 170,z n f > / Z SCALE: 0 z O K m 2 m 00 < Kz = r - K 0zo D i Z ;u T m� -n � a m 0 J �1. C U m O 170,z NDc) 0(D Mzm Ic000 w 1 0 D z � x Ni9 o x_ - .- 1 00 .t 1 U') O O O 2m (A �mz c) cnf;; �`�' �2 zrn -•90 VIA; cn S C3 i` `' :: • �� 6y Fu f s O 2>a 90 Gyp O ox ul n.l —U1 \ v rad pc�o^�2�• :J'S� QO O O TETHEROW VACATION HOMES SLOPE EASEMENT VACATION D'Agostino Parlor, LLC EXHIBIT MAP 61278 K1N6 JP,ROBO ANI AVL,. 131 ND, OR 97702 P: (541) 69,E-4134 BEND OREGON PROJECT: DRAWING FILE NAME: z ITI - r - m a= —1 Z i Z ;u T 0 J �1. C U O Z] — M NDc) 0(D Mzm Ic000 w 1 0 D z � x o w O O O 2m (A �mz c) cnf;; �`�' �2 zrn -•90 VIA; cn S C3 i` `' :: • �� 6y Fu f s O 2>a 90 Gyp O ox ul n.l —U1 \ v rad pc�o^�2�• :J'S� QO O O TETHEROW VACATION HOMES SLOPE EASEMENT VACATION D'Agostino Parlor, LLC EXHIBIT MAP 61278 K1N6 JP,ROBO ANI AVL,. 131 ND, OR 97702 P: (541) 69,E-4134 BEND OREGON PROJECT: DRAWING FILE NAME: ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 12 OF 33 EXHIBIT D EXECUTED COUNTY VACATION PETITION FORMS [attached] {17617023-00963783;1} ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 13 OF 33 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 Reason for road vacation request Deschutes County. DATED this j^day of 414 dt_ ___ , 20�. PRINT NAME SIG14ATURE rafAz.DDR�tl�wwW rte. CITY STATE ZIP �d so7JE�f �t i/1 /d Iu -- 7- I -C I G � '/74%22 �3 STATE OF OREGON ss. County of 7Esc.Jjm4_ On this 115_ day of Ju tic , in the year 20 t$ , before me, a Notary Public, personally appeared C- ais ja o bye-yE c.-3ZE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s whose ame(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) execut WITNES n d official seal O"1CIALSTAMP r Public for Oregon, AMANDA gpCHllgD y 9 NOTARY NO qRE N My Commission expires: 0y4-26.02 MY CQMMl5SlON EXPIRES APRIL 05, 2024 Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 14 OF 33 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: On this day of in the year 20before 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:. 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 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 15 OF 33 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 inDeschutes County. Reason for road vacation request: DATED this / , day of _-7 20,{_x_._. PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP �_A'+`.e-11 STATE OF OREGON ss. County of 1t'� � On this A _day of c ildA'�., in the year 20118 , before me, a Notary Public, personally appeared e V c?re;&e 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. W 7' PSS my han doff cial eai -- MISTAMP _ tary Public for Or gon. TArANABROOK RIADW My Commission expires: --�i , 1 2-1 NOTARY PUBM-ORE COMMISSION No. 982717 PRY COMMISSION EXPIRES MAY 24, W Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 16 OF 33 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: _ 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:, On this day of in the year 20before 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. WITNESSmy hand and official seal 01'*4 f$ Notary Public for Oregon. My Commission expires: 17 4�� ft,J 011 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY W. 'SIGNATURE ADDRESS TELEPHONE: S-111- / "/C Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 17 OF 33 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 Reason for road vacation request: Deschutes County. DATED this day of , 20 PRINT NAME SIGNATURE l :tlG�ZD �tr4l'- ens GG STATE OF OREGON ss. County of _1*�C,sc.AUM— ADDRESS CITY STATE ZIP On this 1+q_ day of Jaa> . in the year 20 19, before me, a Notary Public, personally appeared Amt-j"r CoEy 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 i WITNESS nd official seal OFFICIAL SCAMP AMANDARIRCMARO Notary PV lic for Oregon. NOTARY PUBLIC -OREGON My Comrbission expires: o5 1,05 2 COMMISSION N0.104203 . MY COMMISSION EXPIRES ARIL OS, 20 Page 1 of 2 STATE OF OREGON County of ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 18 OF 33 ) ss. 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:. 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 STATE OF OREGON County of ss. ) Notary Public for Oregon. My Commission expires:. 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: Woe Clhc`j 11 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BYW. i SIGNATURE ADDRESS TELEPHONE: Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 19 OF 33 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 Reason for road vacation request: DATED this _ day of PRINT NAME STATE OF OREGON County of�3c lei Deschutes County 20 /9a2-/ So/drn av-) SIGNATURE / ADDRESS CITY SS. STATE ZIP X -1 770A On this Qriay of _ _ In the year 20JL, before me, a Notary Public, personally appeared �1�11�JCs— _ 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) executeg it. WITNESS and Icial seal p IALS1'AMP N ary ublic far Oregon. AMANDA UO -ORE - _ f NOTARYPU9LIC•fl9ECN My Commission expires: 0-i COMMISSION NO.948293 MY COMMISSION EXPIRES APRIL 05, 2020 Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 20 OF 33 STATE OF OREGON ss. County of On this day of in the year 20before 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: _ 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: . On this day of , in the year 20before 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: C i'� I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY SIGNATURE ADDRESS TELEPHONE: Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 21 OF 33 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 Reason for road vacation request: DATED this t1v day of tn1-4- PRINT NAME SIGNATURE STATE O kJ } ss. County of ) On this %(Aav of �)Ofij�., in the vear 20 , Deschutes County, 20 1 )? ADDRESS CITY 1 1233 $ o to wr+, '6c me on th'e basis of satisfactory evidence) to be the person(s� instrument, and acknowledged that he (she, they) executed t WITRB€1 »y� EMILYJKRANTZ Notary PL-Iblic f Notary Public My Commissio State of Washington nMy Appointment Expires Mar 29, 2021 Page 1 of 2 STATE ZIP me, a Notary Public, personally appeared L-name(s) rsonally known to me (or proved to is(are) subscribed to this fficial seal ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 22 OF 33 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: On this day of in the year 20before 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 STATE OF OREGON County of ) ss. ) Notary Public for Oregon. My Commission expires:. On this day of in the year 20before 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: V W- 1 CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY 7- SIGNATURE ADDRESS TELEPHONE: Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 23 OF 33 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 �j��o`i, r�� Deschutes County. Reason for road vacation request: DATED this day of T" , 20� 9 . PRINT NAME SIGNATURE ADDRESS �a� Lia G f - �-_.__ ' 19�3s �ld�►oK dr, �t r_ STATE OF OREGON ss. County of CITY STATE ZIP G On this _J,_ day of mid 015 , in the year 20L, before me, a Notary Public, personally appeared A,jx:&=A�i ,elkrJ-y c-1 & 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 WITNES nd f 'tial seal AMMIDA" +''R° N4TARYPUDLIC�CRE�� ary blit for Oregon. I COMMISSIONNO > Z93 ' My Commission expires: a`(/n5f MY COMM1$3KN1 IXPMES AM M Page 1 of 2 STATE OF OREGON County of ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 24 OF 33 ) ss. 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires: 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: 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:. C I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY. SIGNATURE ADDRESS x TELEPHONE: Page 9 of 2 'q 4 ��qlol ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 25 OF 33 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: &5bfj�r_ 47%1�c/ Located in Deschutes County. Reason for road vacation request: DATED thisi �rul_day of June , 2018 PRINT NAME SIGNAT�J E Brien E. Reap Yelena A. Reep STATE OF ALASKA ) SS. County of ANCHORAGE ) ADDRESS 19239 Solomon Drive 19239 Solomon Drive CITY STATE ZIP Bend, Oregon 97702 Bend, Oregon 97702 On this6)'day of June -,in the year 2018, before me, a Notary Public, personally appeared Brien E. Reep and Yelena A. Reep Personally known to me (or proved to me on the basis of satisfactory evidence) to bethe person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed t. tARI1u61k S. CLSON State of Aisle My Commission Expires Mar 16, 2019 WITNESSani d fficial seat Notary ublic for Alaska. My Commission expires: 3 /I 2p I q Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 26 OF 33 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 bethe persons) 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 bethe person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. STATE OF OREGON County of WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: 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: Co I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY Vf 1�41 (9 6 SIGNATURE ADDRESS TELEPHONE: Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 27 OF 33 PETIMN FOR VACATIONOF A PUBUC ROAD TO: THE DESCi-Ilg` ES 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: ___�,`�.�\Z`c-Q_.,t�Cri��".c�►.., ����h c__d`"�"_`�-'F-�___�tB1\\2 _. .� VN— &'-0qx a,S_ G� ..___.._._ _.--, -1-- 1-111-1--.111111 _.__._ Located in 11;�_ .�_._ ___- __.—. De' schutes County, Reason for road vacation request: _... W4��i ._.Q."2M`�c 7%-\)3, --!1 c�c.�v.a..\ _ _.�\��e..... c�.,v. � _._�r_.s���_ �vN�v� _�._S,�rCa fie. �,�,e•�. _._ ._ _ ___ __ _ DDI ED this 2�,4�� day csf � _ 20��, PRINT NAME Sl(�NATURI-'-' ADDRESS CITY STATE Z I P 1/.'T 22 C I %►RP, LL G. ss. County of On this in the year 2C ($ before me, a Notary Public, personally appeared r roved to me on the basis of satisfactory evidence) to h ithevvhO ,o name*) is(aV) subscribed to this instrument, and acknowfedeged that �6 (She, tEW%, l hf11 `> my6i"Ind and official > (00''OFFICIAL STAMP Crl r v Pul:dir. for OI< <x.�ri. e"', SARAH E ROORiGUCZ iM Commission ex fres�SX022 NO'ARY PU8l.IG - OREGflNy p _ �SS OIN EXPI N N0 9 2126 RUACGr,'I,",�,�pNiiXi��ItESFkinRUARY28.2022 Page ''I of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 28 Of 33 STATE OF OREGON ss. County of On this 2 L day of fY> In the year 20�Q ,before me, a Notary Public, personally appeared .. __ (or proved to me on the basis of satisfactory evidence) to be the person(; whose namet�x) is(aV) subscribed to this it i �t,l�r��„ori � r 1`_ : ` (si*, ttm) executed it OFFICIALSTAMP VI1 lq IC I” rely (! €Sl'i c�l1 .i official 5t h (41))�vv 77 SARAH E RODRIGUEZ NOTARYPUBLIC-OREGON�`t COMMISSION NO 972120 I`�t3i rY Pr_ Nic for Ori OVIV;SS ON EXPIRES FEBRUARY 26.2022 M Commission expires: hr- . Y p �__.. __ � 28� 2 2. STATE OF OREGON ss. County of On this day of , in the year 20_, before me, a Notary Public, personally appeared .t ___ 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 STATE OF OREGON ss. County of Notary P€ blic for Oregon My Commission expires: 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 names) 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: CORS I CERWY THAT THIS IS THE TRUE AND OfflGINAL PETITION CIRCULATED BY ME, SIGNATURE TELEPHONE., Pa0e 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 29 OF 33 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 Reason for road vacation request: r)acnhi itac ('ni inh/ DATED this day of 20, PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP &�s Glc H of r3 /-lj/ll�iJ'TL�/7 /-2 (. / STATE OF OREGON ss. County of i»6c-�aTE:5 On this 25 day of .. u OC in the year 20t.9 , before me, a Notary Public, personally appeared Glr� I TS -/a'N wyt.,.- va✓ L personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) w seyam�s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed i . WITNESS h ial seal MAANp�OMk q AMq N Plic r Oregon. NOTARY PUBW-ORKSON My ComXssion expires: a561 -01;L-0 COMMISSION NO. 949M . MYCOMMI smEXPIRESAPRIL05.2020 Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 30 OF 33 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:. 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:. 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 ORDER NO. 2018-060.- EXHIBIT "A" - PAGE 31 OF 33 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), respedit ft request the following described road be vacated. Description of road to be vacated: , Deschutes County. Reason for road vacation request: DATED this "Ay of � w., �-' , 2n PRINT NAME SIGl*jU. - E, ADDRESS STATE OF OREGON ) as. County of -�- 2; (Ali Al 1 >� ) CITY STATE ZIP On this day of in the year 20before 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(e) is(are) subscribed fie this instrument, and admov kWoed that he (she, they) executed & WRNESS my hand and official seal Notary Public for Oregon. ONVONWALD Commission expires: R -� . i ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 32 OF 33 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 tine 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 County of On this day of . In the year 20_, before me, a Notary Public, personally appeared __..,__._ _._ known personally knoto me (or proved to e th me on the basis of satisfactory evidence) to be persons) 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 ORIGI PETITION CIRCULATED BY ME. k", vft4l-� SbRAtURE ADDRESS� TELEPHONE: Inv Y, Page 1 of 2 ORDER NO. 2018-060 - EXHIBIT "A" - PAGE 33 OF 33 EXHIBIT E OWNERHSHIP TABLE Property Tax Lot Owner Tetherow Vacation Homes, Phase IA Development Tract'CC' 18111 IDD00103 Tetherow Resort, LLC Common Area Tract'B' 181112CC01000 Tetherow Vacation Homes, LLC Lot 19 181112CCO1300 Randall S. Schoning, LLC Lot 20 181112CCO1200 Rancho Santa Fe Acres, LLC Lot 21 181112CCOI 100 Union Street Partners, LLC Tetherow Vacation Homes, Phase I13 Common Area Tract 'G' 181112CCO1700 Tetherow Vacation Homes, LLC Common Area Tract 'D' 181112CCO0217 Tetherow Vacation Homes, LLC Lot 14 181112CCO0213 Tetherow Vacation Homes, LLC Lot 15 181112CCO0211 Tetherow Vacation Homes, LLC Lot 16 181112CCO0210 Reep, Brien E. & Yelena A. Lot 17 181112CCO0209 Lucia Family Trust et. al Lot 18_ 181112CCO0208 Roalsen, _Rodney Wayne & Julie Belle Lot 22 181112CCO1600 KT22CAIRN LLC {17617023-00963783;1} ORDER NO. 2018-060 EXHIBIT "B" ROAD OFFICIAL'S REPORT ORDER 2018-060 - EXHIBIT "B" - PAGE 1 OF 5 MEMORANDUM TO: Board of County Commissioners FROM: Cody Smith, County Engineer, Deschutes County Road Department DATE: August 29, 2018 SUBJECT: Road Official's Report Vacation of Portion of Slope Easement abutting Skyline Ranch Rd and Meeks Trail Background: Deschutes County Road Department ("Department") has received a petition to vacate a portion of a slope easement abutting Skyline Ranch Road and Meeks Trail. All underlying and abutting property owners, as Petitioners, have provided acknowledged signatures in the petition. Petitioners are as follows: Chief Petitioner: Tetherow Vacation Homes LLC Petitioners: Tetherow Resort LLC+ KT22CAIRN LLC+ Brien E. and Yelna A. Reep+ Union Street Partners LLC+ Rancho Santa Fe Acres LLC+ Randall S. Schoning LLC+ Rodney Wayne and Julie Belle Roalsen+ Lucia Family Trust et. al+ Arrowood Tetherow LLC# + denotes underlying property owner # denotes abutting property owner The subject slope easement was established over a portion of Development Tract 'AA' on the Tetherow Phase 1 Plat (2007) to contain the limits of the cut slope for Skyline Ranch Rd, a County road, and Meeks Trail, a private road (see Figure 1). The slope easement was dedicated " to Deschutes County for the purposes of maintaining the slopes associated with Skyline Ranch Rd..." by the plat declaration. - FXHIRIT "R" - o� 0 QW (ar � o '* 'o DEVELOPMENT �JE�� y `s W'o 39 TRACT 'T 73.%648 S.F(` 9 X09 �y,96 i 3.066 newts 43 `t' 9 hq yA$ivlli v_l cb �� 0 N89 C46 go CA F ASMEN r t s1u t 9 Figure 1—Subject Slope Easement on Development Tract 'AA', Tetherow Phase 1 Plat With the Tetherow Vacation Homes Phase 1A plat (2015), Development Tract 'AA' was subdivided into Lots 19, 20, and 21; Common Area Tract 'B'; and Development Tracts 'CC', 'CD', and 'CE' (see Figure 2). *� DEVELOPMENT DEVELOPMENT �� • { TRACT 'CD' \ ~ TRACT 'CA' eu� N ,,, ,y K" l I r • �q �wsrauvcNr aoa secs = { f<rrt` SEE SHEET 5 Q L�, ( .{{ r .S t ♦vtr NK c Esx°" E,lsrrrcr; to .rx P.CWK {{{ �. ..,,._.� -ij� ., ♦♦♦� G Q4 - .."lo •e del �r ♦� "`�'., WPP 2r RLGP, C& 2o13 IN xsi((2-�i�.s! i ..`- \ •I�s♦ 5 P•� wyk'b° io" • i,.ffi Access eArc�cNr vee - ♦ l � RtMrGNr (lora-cew.IJ � (�� ♦ �r'� `- rKi \V � <. �� -tib !/ �• �/ Y `-�* � -' � h _ 515Gr1i'E to lY' bfl0 0.4 W/UkUIE �� �. "•- �,ry rtir /=1� '—a7AmAGE EAS(YfNr wrxr Tn � xaxarrnnat ��j�: DETAX A ��5� ./�A��' `. %'tpW� may-_ ` ♦M r .. S Slftt / /� j`" � � vD -e�f��e. �>.. w�®A ♦ _ �sassalew a2 �-w J_`ir DEVELOPMENT ♦uwn"C"'oaux.n.wuTRACT 'CE`♦ eaxa:t.xr Mn+ ersnnc cASCULNr ro { ',.♦ - "�, DEVELOPMENT 0�� SLOPE ., cgs., TRACT CC eArsnxc ,ccws e - :c er E Si1x,. IASeuI.r m �e k i EASMENT xt»cwt vi nexra.res � vs 40* -- E SEWHr TO I COuxtt £.1S➢h0 115' 5LOPF �f.1511NC IO" EA9[YFN! r0 - d FA �zvriST TO _ GA$C: NAIU GAS C2WM ANY 116Tr r9' kASIY tO PACdK PGMLR PER M'SMQV "T ` Figure 2 — Subject Slope Easement on Tetherow Vacation Homes Phase 1A Plat Page 2 of 5 ORDER 2018-060 - EXHIBIT "B" - PAGE 3 OF 5 With the Tetherow Vacation Homes Phase 113 plat (2016), Deve opment Tract 'CE' was subdivided into Lot 22 and Common Area Tract 'G' (see Figure 3), while Development Tract 'CD' was subdivided into Lots 14, 15, 16, 17, and 18 and Common Area Tract'D' (see Figure 4). 11*4 �`` ♦ 1 C� T ♦♦' ♦♦♦ 5�w 22 """. 9�C� 1N♦ �.y� ` .„ u S1 Y R0 ND ---- — RAMC pOpLlC 1100) ((X(5TING 17 ', I�4V o �t 18 / 'S 19 G � 'y .,o�.C-=-:��-• : --...___ =sem `= �e ,a \ C A TRACT'O' b/ . 9 � ' SLOPE i %T EASMPNT ., SKYLINERAN_ — C11 lexisriNc nunc� p� 0.4 Figures 3 and 4 — Subject Slope Easement on Tetherow Vacation Homes Phase 113 Plat Currently, thirteen (13) individual tracts ("Affected Properties") are encumbered by the subject slope easement. Upon development of Tetherow Resort, the top of the road cut slope was excavated down and retaining walls were constructed in the southern portions of the Affected Properties on the properties within the slope easement, diminishing the roadside slope. Currently, the slope easement appears to be encroached by structures, parking areas, and other facilities that were build on the Affected Properties as part of Tetherow Resort (see Figure 5). Figure 5 — Aerial View Showing Slope Easement Encroachments (Approximate) Page 3 of 5 ORDER 2018-060 - EXHIBIT "B" - PAGE 4 OF 5 Petitioners have requested the vacation ot the portion of the slope easement above the top of the current road cut slope because they find that the portion of the slope easement unnecessarily encumbers title to the Affected Properties and interferes with further development of Tetherow Resort. The Department mailed preliminary notices of the proposed vacation to affected utilities and agencies. Responses to those notices are as follows: City of Bend: No response. Bend Broadband: No response. Cascade Natural Gas: No response. Pacific Power: No response Mid -State Electric: No response. CenturyLink: No response Deschutes County Community Development Department: No response Deschutes County Legal Counsel: No response Findings• Based upon responses to the preliminary notices and the Department's research of the subject slope easement, the Department makes the following findings: • The subject slope easement was dedicated to Deschutes County for road purposes on the Tetherow Phase 1 plat recorded as Document 2007-51564 in the office of the County Clerk, Deschutes County, Oregon • The portion of the slope easement proposed for vacation: o Encumbers thirteen (13) privately -owned tracts, o Does not contain any roadside slope area, o Is not needed for road maintenance purposes, and o Does not contain any utilities. • The proposed vacation will remove an encumbrance on thirteen (13) privately -owned tracts. Recommendation: Based on the above findings, Road Department has determined that the proposed vacation is in the public interest. Road Department recommends that the Board approve the vacation of a portion of the subject slope easement as described in proposed Order No. 2018-060 subject to the following conditions: 1. No opposition to the vacation is reported to the County prior to presentation to the Board of County Commissioners. Page 4 of 5 ORDER 2018-060 - EXHIBIT "B" - PAGE 5 OF 5 2. The vacated property shall vest in the rightful owner(s) holding title according to law pursuant to ORS 368.366 (1)(c). This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of county property. Page 5 of 5 ORDER NO. 2018-060 LEGAL DESCRIPTION AND MAP ORDER 2018-060 - EXHIBIT "C" - PAGE 1 OF 4 Exhibit A Tetherow Vacation Homes Deschutes County Slope Easement Vacation Area All those portions of Development Tract 'CC', Common Area Tract '13', and Lots 19, 20, and 21 of Tetherow Vacation Homes, Phase IA, as per the plat thereof recorded in Volume 2015, Page 35405, Official Records, Deschutes County; and Common Area Tract'G', Common Area Tract 'D', and Lots 14, 15, 16, 17, 18, and 22 of Tetherow Vacation Homes Phases IB and ll, recorded in Volume 2016, Page 46935, Official Records, Deschutes County; all located in the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12, Township 18 South, Range 11 East, Willamette Meridian, in Deschutes County, Oregon, more particularly described as follows: Commencing at the most westerly point on the boundary of said Tetherow Vacation Homes, Phase IA plat, being the initial point of said Phase IA plat, said point also lying on the public right-of-way of Skyline Ranch Road; Thence North 3402'09" East 15.00 feet to the Northerly line of a slope easement to Deschutes County per said plat of Tetherow Vacation Homes Phase IA; Thence along said Northerly line the following four courses; Thence South 55°57'51" East 105.76 feet to the True Point of Beginning; Thence South 55°57'51" East 34.18 feet; Thence along the arc of a 323.00 foot radius curve to the left, through a central angle of 27°30'26", an arc length of 155.07 feet, the chord of which bears South 69°43'04" East 153.58 feet; Thence North 64°19'49" East 342.58 feet to the Southeast line of said Lot 20; Thence South 55°43'27" West 87.66 feet along the Southeast line of said lots 20 and 21 to the most Southerly corner of said Lot 21; Thence South 55°12'07" West 52.68 feet to the most Easterly corner of said Lot 22; Thence South 55°43'27" West 91.24 feet along the Southeasterly line of said lot 22 to the most Southerly corner of said Lot 22; Thence South 74°45'43" West 98.76 feet; Thence North 8023'01" West 86.40 feet; Thence North 6659'41" West 52.09 feet; Thence North 5951'50" West 44.10 feet; Thence North 4437'15" West 33.46 feet to the True Point of Beginning. Together with: Commencing at the Southwest corner of said Lot 19; Thence North 76°39'58" East 15.22 feet along the South line of said lot 19 to the Northerly line of a slope easement to Deschutes County per said plat of Tetherow Vacation Homes Phase IA and the True Point of Beginning; Thence along said Northerly line the following four courses; Thence North 64°19'49" East 86.79 feet; Thence North 89°53'18" East 111.22 feet; Thence North 41°09'29" East 168.84 feet; Thence South 34°53'05" East 70.00 feet to the Northerly right-of-way of Meeks Trail, a private road; Thence, along said northerly right-of-way of Meeks Trail, along the arc of a 280.00 foot curve to the left, through a central angle of 25°05'29", an arc length of 122,62 feet, the chord of which bears South 42°34'39" West 121.64 feet; ORDER 2018-060 - EXHIBIT "C" - PAGE 2 OF 4 Thence, leaving said right-of-way, South 89'53'18" West 164.81 feet to the South line of said Lot 18; Thence South 69*53'23" West 35.28 feet along said South line to the Southwest corner of said Lot 18; Thence North 23*41'48" West 8.72 feet along the West line of said Lot 18 to the Southeast corner of said Lot 19; Thence South 76'39'58" West 58.43 feet along the South line of said lot 19 to the True Point of Beginning. All together containing 0.48 acres more or less. A29 POZMAL DATE: Z --3 f — /Y m m m m m rP yo x r r m --j cf) 00Om -1 0 o�+ '^ -" VI c�� Z r / m 0 mom N�ooZ A so m - 0 FAl- m -4 / M mlo M D c)cl) o m r. o m m 0�o w 1 D 11 / G / a i m rr-•1 Ri m w '1 r z z cn rn '�\ r m 0 o cL,D rn D N' O A •: O ,0 v X C(D Zob - 'o m G) S (j) U) N m O m c-0 - m m mM rn �c Om c if z m \y. Ill A 'C m m m m °\ rP yo _ r r m D Z cn m o 00Om -1 0 C:, N -H DD1 ,coo 0 '^ -" VI c�� D_p r x0m mom N�ooZ A j (f) 00 m - 0 FAl- A N 6r> crn rP w Iry r r m r r N A z m W A N rn o m 0 0�o w 1 D z z cn rn m r m Zz o cL,D rn 9rn W ,0 v C(D IV - I N< r 3 0 � _ a � C7 ZL SC) yFri D OD -moi O DESIGNED: KSD TETHEROW VACATION HOMES rn DRAWN BY.• KSD APP'D BY. KSD SLOPE EASEMENT VACATION CHECK'D BY.- KSD _ LAST EDIT. 8116116 EXHIBIT MAP N%l PLOT DATE:B 16 18 BEND OREGON SCALE. PROJECT., DRAWING FILE NAME: 1"=81TGC-003 SLOPEEASEMEN7MAP081618.DWG I D'Agostirlo Parker, LLC 61278 ICING JEROBOAM AVE. BEND, OR 97702 P: (541) 693-4134 ORDER 2018-060 - EXHIBIT "C” - PAGE 1 OF 4 �I z m .y (IN D u con �2 rri C �o z o� rlr 0 am C) m a r G) z d DESIGNED: DESIGNED: DRAWN BY: APP'D BY: CHECK'D B' LAST EDIT, PLOT DATE: SCALE: CJ1 O O n cNn� r - R'1 Ul O 0 O <1 s T 6Q, av,4a. <1 TETHEROW VACATION HOMES SLOPE EASEMENT VACATION EXHIBIT MAP BEND OREGON PROJECT.- DRAWING FILE NAME: DWG mm � � z y= Z Z A ;I �rn KO m M O o < m < Z = z m aovM D � 1 1 z --i m z 90 m T 0 D C7 we � _ D •• 00 O O m m i C, cm ccn I 0 it °o 1% m Op p �, I m f {' DESIGNED: DESIGNED: DRAWN BY: APP'D BY: CHECK'D B' LAST EDIT, PLOT DATE: SCALE: CJ1 O O n cNn� r - R'1 Ul O 0 O <1 s T 6Q, av,4a. <1 TETHEROW VACATION HOMES SLOPE EASEMENT VACATION EXHIBIT MAP BEND OREGON PROJECT.- DRAWING FILE NAME: DWG D'Agostino Parker, LLC: 61278 KIN(i JL11030ANI AVF:, M(, ,11Oil 97702 1? (541? (193-41;34 ORDER 2018-060 - EXHIBIT "C" - PAGE 2 OF 4 mm y= Z Z A ;I KO m M NOIOZ m (n Go w -i -< D U Or z m ;o O � D'Agostino Parker, LLC: 61278 KIN(i JL11030ANI AVF:, M(, ,11Oil 97702 1? (541? (193-41;34 ORDER 2018-060 - EXHIBIT "C" - PAGE 2 OF 4 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 September 5, 2018 DATE: August 29, 2018 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2018-060, Vacating a Portion of a Slope Easement Along Skyline Ranch Rd and Meeks Trail RECOMMENDATION & ACTION REQUESTED: Approval with suggested motion: "I move for Board signature of Order No. 2018-060, vacating a portion of a slope easement along Skyline Ranch Rd and Meeks Trail." BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department has received a petition to vacate a portion of a slope easement along Skyline Ranch Rd and Meeks Trail in the Tetherow Vacation Homes Phase 1A and 2B subdivisions. Petitioners are the owners of the land underlying and abutting the portion of the slope easement proposed for vacation. Petitioners have requested the vacation to remove an encumbrance on their properties. All of the underlying and 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. 2018-060 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 vacation petition fee in the amount of $500.00. ATTENDANCE: Cody Smith, County Engineer