2018-500-Order No. 2018-076 Recorded 12/12/2018T9
LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal
c`t"J S COG?;
2018-500
CJ2018-500
12/12/2018 12:51:30 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating Bryce Court in Deschutes
County, Oregon ORDER NO. 2018-076
' WHEREAS, proceedings for vacating Bryce Court in Deschutes County, Oregon and
dedicated to Deschutes County on the Lazy River South subdivision plat, were initiated by a petition
filed by owners of property 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
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 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.
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).
Page 1 of 2 — ORDER NO. 2018-076
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 day .WMyV4_1:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TEST:
MW6"k'
PHIU.I a
coMkOecretary
t
TAMMY
STATE OF OREGON )
)SS.
County of Deschutes )
DEBON H R
HEER
ON, VICE CHAIR
t
�N
. COMMI IONER
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
OFFICIAL STAMP
LAURA CRYSTAL SKUNDRICK
# NOTARY PUBLIC -OREGON
COMMISSION NO. 956089
MY COMMISSION EXPIRES NOVEMBER 07, 2020
Page 2 of 2 — ORDER NO. 2018-076
411111:4
NOTA BLIC FOR I
My Commission Expires:
EXHIBIT "A"
PETITION
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
we, the undersigned.(hotdingrecorded interest or.abutting:the proposed,property or owning
improvements cc nsiructod on the.proposed property for Vacation}, respecifiaily re quest'the.following
described road'be vacated,
Description of road to be vacated; G�
Located in Deschutes County.
Reason for road vacation. request:
STATE OF OREGON }
Countyof )
25)On this may of a j >y ir� the ear 20.10,: before me, a Note Public
,�� �; ► M kc A6 G� Notary > personally appeared _ personally known to me (or proved to
me on the bells of satisfactory evidence) to be the person(s) whose, Is(are) subscribed to this
instrument, and acknowledged` that he (she, they);executed it
WITNESS and and official seal
Notary, Ic for gon.
OFFICIALsTAMP My,Commissonexpires: 0
RYAN MATTHEW SMITH f
NOTARY PUBLIC -OREGON
COMMISSION NO.SMN
MY COMMISSION EXPIRES MARCH 29, 2018
Page 9 of 2
ORDER 2018-076 - EXHIBIT "A" - PAGE 1 OF 4
On this day of In the year 20.. before me, a. NotaryPublic, personally appeared
personally known to me`(or proved to
me, on the`bests of'satlsfactoty evidence} to be:the persons);Wh-6§e`namie(s) is(are) subscribedwto FIs:
instrument, and acknowledged, that he (she, they) executed it
WITNESS my hand and official seal
Notary Public for Oregon.
My Commisslon exipires:
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 names) is(are) subscribed to this
instrument, and acknowledged.that he.,(she, they) executed ft:
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 2Q_, 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 r
WITNESS my hand and official seal
Notary Public for Oregon;
My Commission expires:
I CERT'IF'Y THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
t
Pagel of 2
ORDER 2018-076 - EXHIBIT "A" - PAGE 2 OF 4
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
We, the undersigns' Cholding recorded interest or abdtting the proposed property or owning
improvements constricted on the.proppsed property for vacation), respectfully request.the.following
described road ' be vacated.
Description of road to be vacated: i4G�l�
BATED this day of ... , 20
PRINT NAME SIGNATURE- ADDRESS
[RACY _ 132 S0.tA� dos Aq?
STATE OF O'i-
U ss.
County of
V
On thisday of 'INY, in the year.20.'' before me, a Notary Public, personally appeared.
e ms- proved to
me on -the basis satisfactory evidence) to be the person(s) whose nam*) is(are) subscribed,to this
instrument, and acknowle.dged`that he ., > xecuted it.
WITNESS m hand and offici l eal
Notary* Public for
My,Commission expires:
MARSHAJEFFER
Notary Pubic - California
z Los Angeles County
Commission # 2191.046
My Comm. Expires btay 2, zo21 1'ge 1 .of 2
ORDER 2018-076 - EXHIBIT "A" - PAGE 3 OF 4
CITY STATE ZIP
1, n Bch , TaRe)
STATE OF OREGON
ss.
County of )
On this day of , in the year 20-7 before me, a. Notary Public, personally,ap.peared
' personally known do me (or proved.to
me on the basis of satisfactory evidence) to be:the persons) whose name(s) ls(are) subscnbed.:to this:
instrument; and ackrtowledgW. that he (sloe, 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 2(3 �, before me, a I�laiary Pubfic, personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(sj whose name(s) is(are) subscribed to this
instrument, and a.cknowledged:that he. (she, they) executed it.
WITNESS my hand and official seal
Notary Public for Oregon;
My Commission expires:
STATE OF bREGON )
ss... .
County of )
On this day of , in the year 2Q_,_, 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 Rublic for Oregon.
My Commission expires:
Page.1 of 2
ORDER 2018-076 - EXHIBIT "A" - PAGE 4 OF 4
ORDER NO. 2018-076
EXHIBIT "B"
ROAD OFFICIAL'S REPORT
E S �®
P
ESE
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer, Deschutes County Road Department
DATE: December 3, 2018
SUBJECT: Road Official's Report
Vacation of Bryce Ct
Background:
Deschutes County Road Department ("Department") has received a petition to vacate the public right of way for
Bryce Court. Petitioners for the proposed vacation are Michael and Tracy Crabtree, owners of tax lot 1900 on
Assessor's Map 21-10-23. Tax lot 1900 is the only abutting or underlying property to the subject right of way.
The subject right of way was dedicated on the Lazy River South subdivision plat (1968). A portion of Block 3,
the portion of the plat containing Bryce Ct, was subsequently vacated by the Board of County Commissioners
in 1975 with Order No. 21-524. This action created tax lot 1900 by consolidating Lots 32 through 42 in Block
3 on the plat. The subject right of way was not vacated with this action. No road improvements exists within
the subject right of way,
Petitioners have requested the vacation to allow for the construction of a single-family home on tax lot
211023A001900. Much of this property has been delineated as wetlands, and the undeveloped subject right
of way occupies the only portion of the property suitable for development.
ORDER 2018-076 - EXHIBIT "B"
Page 1 of 3
Figure 1—Extract from Lazy River South Subdivision Plat
ORDER 2018-076 - EXHIBIT "B"
Page 2 of 3
The Department mailed preliminary notices of the proposed vacation to affected utilities and agencies.
Responses to those notices are as follows:
Mid -State Electric: November 26, 2018, Email Response from Bill Heigh, GIS/Survey Analyst - "Although
Midstate does have electric facilities near this property being vacated, we believe these facilities are currently
within the Riverview Drive right-of-way. So we have no issues with this vacation. When the property does get
developed we will be able to serve it with electric service from our facilities on Riverview Drive."
CenturyLink: No response
Crestview Cable Communications: 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 right of way,
the Department makes the following findings:
• The subject right of way was dedicated to the public on the Lazy River South plat recorded as Document
1968-000013 in the office of the County Clerk, Deschutes County, Oregon
The subject right of way proposed for vacation:
o Does not contain any public road improvements,
o Does not provide any necessary public ingress and egress, and
o Does not contain any utilities.
• The proposed vacation will allow for development of tax lot 1900 on Assessor's Map 21-10-23.
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 the right of way for Bryce Ct
as described in proposed Order No. 2018-076 subject to the following conditions:
1. No opposition to the vacation is reported to the County prior to vacation order presentation to the
Board of County Commissioners.
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.
ORDER 2018-076 - EXHIBIT "B"
Page 3 of 3
November 05, 2018
FRESHWATERS SURVEYING INC.
SCOTT C. FRESHWATERS P.L.S., PRESIDENT
P.O. BOX 4524
SUNRIVER, OREGON 97707
(541)593-1792 office
(541)420-1822 cellular
Email:.li eI�}Ert ea�i+ cTa€xrliea :crrd�le.s°orr
EXHIBIT "A"
LEGAL DESCRIPTION
All of Bryce Court as shown on Page 4 of the Plat of Lazy River South as
recorded in Volume A Page 171 of the Deschutes County Clerk's plat records
and more particularly described as follows:
Beginning at the intersection of the southerly right of way line of said Bryce Court
with the westerly right of way line of Riverview Drive; thence upon said southerly
line N 50°47'00" W 522.30 feet; thence 15.50 feet upon the arc of 20.00 foot
radius curve to the left; thence 244.59 feet upon the arc of 50.00 foot radius
curve to the right; thence 15.50 feet upon the arc of 20.00 foot radius curve to the
left to a point on the northerly right of way line of said Bryce Court; thence upon
said northerly right of way line S 50°47'00" E 452.84 feet (calculated 458.24 feet);
thence 50.65 feet upon the arc of a 25.00 foot radius curve to the left to the
intersection of the northerly right of way of Bryce Court with the westerly right of
way line of Riverview Drive; thence S 13°07'37' W 95.5 feet more or less to the
point of beginning and terminus of this description.
RTMXD
PACIFESSIONAL
CFE ON
JANUAP 16.1987
SCOTT C. FRESHWATERS
2253
ORDER 2018-076 - EXHIBIT "C" - PAGE 1 OF 2
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SUBJECT RIGHT OF WAY
PROPOSED FOR VACATION
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649.17
ORDER 2018-076 - EXHIBIT "C" - PAGE 2 OF 2
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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 December 10, 2018
DATE: December 3, 2018
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2018-076, Vacating Bryce Court
RECOMMENDATION & ACTION REQUESTED:
Motion and approval of Order No. 2018-076, vacating Bryce Court.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Departmenthas received a petition to vacate the public right of way for
Bryce Court. Petitioners for the proposed vacation are Michael and Tracy Crabtree, owners of tax
lot 1900 on Assessor's Map 21-10-23. Tax lot 1900 is the only abutting or underlying property to
the subject right of way.
The subject right of way was dedicated on the Lazy River South subdivision plat (1968). A
portion of Block 3, the portion of the plat containing Bryce Ct, was subsequently vacated by the
Board of County Commissioners in 1975 with Order No. 21-524. This action created tax lot
1900 by consolidating Lots 32 through 42 in Block 3 on the plat. The subject right of way was
not vacated with this action; No road improvements exists within the subject right of way,
Petitioners have requested the vacation to allow for the construction of a single-family home on
tax lot 211023A001900. Much of this property has been delineated as wetlands, and the
undeveloped subject right of way occupies the only portion of the property suitable for
development.
Adoption of Order No. 2018-076 will vacate the subject right of way, 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