2019-149-Order No. 2019-012 Recorded 5/3/2019Recorded in Deschutes County CJ2019-149
Nancy Blankenship, County Clerk 05/03/2019 3:34:11 PM
Commissioners' Journal
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Deschutes County Clerk
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Nancy Blankenship, County Clerk 2019-14225
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a portion of Cooley Road
in Deschutes County, Oregon
ORDER NO. 2019-012
WHEREAS, proceedings for vacating a portion of Cooley Road in Deschutes County,
Oregon and dedicated to the public on the Royal Oaks Estates Phase II subdivision plat, were
initiated by a petition filed by owners of property abutting said portion of Cooley Road 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 or owners holding title according to law, in accordance with ORS 368.366(1)(c).
Page 1 of 2 — ORDER NO. 2019-012
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 / day of
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
, 2019.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COU,. Y,1+!REGON
PH IP G. H DE SON, CHAIR
PATTI ADAIR, VICE CHAIR
A THONY DEBONE, COMMISSIONER
Before me, a Notary Public, personally appeared PHILIP G. HENDERSON, PATTI ADAIR,
and ANTHONY DEBONE, the above-named Board of County Commissioners of Deschutes County,
Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this Y day of
, 2019.
OFFICIAL. STAMP
SHARON RENEE KVTH
NOTARY PUBLIC -OREGON
COMMISSION NO. 974227
MY COMMISSION EXPIRES APRIL 28, 2022
Page 2 of 2 — ORDER NO. 2019-012
• ARY PUBLIC FOR
My Commission Expires: '
:+.RE
ON
ORDER 2019-012
EXHIBIT "A"
VACATION PETITION
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:
A portion of Cooley Road dedicated on the plat of "Royal Oak Estates, Phase II", situated in the Northeast 1/4
of the Northwest 1/4 of Section 15, Township 17 South, Range 12 East of the Willamette Meridian,
Deschutes County, Oregon.
Contains 15,310 square feet, 0.35 acres, more or Tess.
Located in Bend, Deschutes County.
Reason for road vacation request:
Cooley Road was never developed at this location and is no longer needed. There has been no public use of
this Road. The City of Bend would like the possibility of developing a pedestrian path. The vacation would
grant back the property owner the unused "Cooley Road" while also preserving a 15 -foot multi -use path. This
allows for a multi -use path for the public, removes the County's responsibility to maintain unused land and
shifts responsibility to the property owner to allow for maintenance.
DATED this 14` - day of illC4 , 20 16
PRINT NAME SIGNTURE ADDRESS CITY STATE ZIP
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Page 1 of 2
ORDER 2018-012 - EXHIBIT "A" - PAGE 1 OF 3
STATE OF OREGON )
) ss.
County of ` SC.Ak- )
On this I2+4 day of PaAc ti., , in the year 2011, before me, a Notary Public, personally appeared
-101wu1 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
instrumen - . rt. -` e (she, they) executed it.
WIT � SS ', hand d official seal .....:
OFFICIAL ST
'y LINDA SUSAN MUNSON
�; ?^ NOTARY PUBLIC -OREGON
COMMISSION NO. 957777
MY COMMISSION EXPIRES JANUARY 02, 2021
STATE OF OREGON
County of 1c.11AAhs
)
ss.
t. ry Pu: "' for Oregon.
My Commission expires: I.l.1!„.{
On, tlis (?qday of 1\-).aite..Et_ , in the year 20 LGl, before me, a Notary Public, personally appeared
cfn , 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 acknowled ed that he (she, they) executed it.
OFFICIAL STAMP
LINDA SUSAN MUNSON
NOTARY PUBLIC ORECION
COMMISSION NO. 957777
MY COMMISSION EXPIRES JANUARY 02, 2021
STATE OF OREGON )
) ss.
County of (Sch kLs, )
AI.0
o ry on.
My Commission expires: t'
SS m a da d official seal,,
Public or Oregon.
On th's 1.344‘ day of tA.t.a l^-- , in the year 20 101, before me, a Notary Public, personally appeared
\kLv j k..e..ite..v 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 �• -_ . - • • --. G -e (she, they) executed it.
OFFICIAL STAMP
LINDA SUSAN MUNSON
NOTARY PUBLIC -OREGON
COMMISSION NO. 957777
MY COMMISSION EXPIRES JANUARY 02, 2021
STATE OF OREGON
County of
)
)
SS.
and nd official seal
of -ryPor Oregon.
My Commission expires: 1
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:
Page 1 of 2 ORDER 2018-012 - EXHIBIT "A" - PAGE 2 OF 3
1 CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
ATURE
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ADDRESS 17701
TELEPHONE: —3 9b P660
Page 1 of 2 ORDER 2018-012 - EXHIBIT "A" - PAGE 3 OF 3
ORDER 2019-012
EXHIBIT "B"
ROAD OFFICIAL'S REPORT
1 E S c
ROA[) DEPART EN
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer, Deschutes County Road Department
DATE: April 24, 2019
SUBJECT: Road Official's Report
Vacation of Portion of Cooley Rd Dedicated on the Subdivision Plat of "Royal Oaks Estates, Phase
II" in Township 17S, Range 12E, Sectionl5
Background:
Deschutes County Road Department has received a petition to vacate a portion of the public right of way for
Cooley Rd. Chief Petitioner for the proposed vacation is Josh Van Eikeren, owner of tax lot 600 on Assessor's Map
17-12-15BA; additional Petitioners for the proposed vacation are City of Bend, owner of tax lot 109 on Assessor's
Map 17-12-10, and Di Spaltro Enterprises LLC, owner of tax lot 110 on Assessor's Map 17-12-10. These tax lots
comprise all of the abutting or underlying properties to the subject right of way.
The subject right of way was dedicated on the Royal Oaks Estates, Phase II subdivision plat (2001). The right
of way dedication provided for the future extension of Cooley Rd east of 18th St.; however, in 2011, Cooley Rd
was realigned to its current northerly location as part of the Juniper Ridge Employment Subdistrict Phase 1
project. No road improvements exists within the subject right of way.
With the proposed vacation, a 15 -feet wide strip along the northerly portion of the subject right of way would
remain as public right of way connecting 18th St to City of Bend property (tax lot 109 in 17-12-10) to provide
for the future development of a multi -use path as identified by the the City of Bend
Petitioners have requested the vacation for the following reason:
"Cooley Road was never developed at this location and is no longer needed. There has been no public use of
this Road. The City of Bend would like the possibility of developing a pedestrian path. The vacation would
grant back the property owner the unused "Cooley Road" while also preserving a 15 foot multi -use path. This
allows for a multi -use path for the public, removes the County's responsibility to maintain unused land and
shifts responsibility to the property owner to allow for maintenance."
ORDER 2019-012 - EXHIBIT 'B"
Page 1 of 4
OT 601347 1501)
VIN
EIKEROst;..
Figure 1—Aerial Photo of Subject Right of Way
WO 2' ALUMINUM CAP IN
OMEN 1 MARKED 'LS 2214' PER (r2)
COOLEY ROAD
Delia
11173'401W 7.3.97'
:75D8021W 57.84'
116'42'05T 60.27'
75.35'0519 98.37'
77134 237 191,85'
7370327 282.94'
17642'057 54 79'
11642057 49.47'
0846357 2530'
64635T 2811'
47.. t:46.ly
8'43'45'
1078'43'
31V320'
2401'73'
3:46'15-
1074E45"
1078'45'
10845'357 30.92'
572'14'
522'14'
522'14'
2779'541W 172,37'
55'4J56W'90,50'
4228'51'
71'06'58'W 778.65'
SS 4J'36'W 744.78'
180231'0019 37.6J'
9916'55'
45105'(92,
9976'55'
1142'46'
1447'31'
.t9—�5'y. ... �'�.
cool?° --6
N89"39'7J'W
183.26' y
Lot 2
109.904 soft.
2.52 acres
.8212 227 69.51 'S.
:8201227 77.24' -. C1,4, -------0
:8212122T 84.96' 4.1 R' 1 Lot 1
'6848'17'W 91.53' H ^ . 109.242 sq. N. .r C15
6757'07"W 7.3.19' o y ' L23 2.51 ones cit •+p. --7 r-
1667I't1'W 54,85' p .1`' 40,
s h' y d� 4�. 1
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'(TA 1URE N ,b 5' WOE PEDESP
Figure 2 —Extract from Royal Oaks Estates, Phase II Plat
!147,3/'
C14
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CIE
14'47•31*
417321'
4256'03'
46'0754'
Page 2 of 4
ORDER 2019-012 - EXHIBIT "B"
The Road Department mailed preliminary notices of the proposed vacation to affected utilities and agencies.
Responses to those notices are as follows:
Avion Water Company: No response
Bend Broadband: No response
City of Bend: No response
Cascade Natural Gas: No response
Central Oregon Irrigation District: Craig Horrell, Managing Director for Central Oregon Irrigation District
(COID,) submitted the following written comments dated April 3, 2019:
"...Please be advised that Central Oregon Irrigation District has identified a potential future need to utilize that
right of way for a buried pipeline to accommodate efficient delivery of water to our valued patrons. We are
hereby requesting that the County not proceed with the vacation at this time in order to accommodate the
District's potential future needs. It is also worth noting that the District would consider an exclusive easement
arrangement should that be agreeable to all interested parties."
On April 10, 2019, Jon Skidmore, Assistant City Manager for the City of Bend, provided the following in an
email:
"...Craig Horrell from COID and I spoke last Friday regarding his letter. COID needs to keep options open for
future water delivery via a pipeline which makes sense. However, the sliver of the old Cooley road that would
be vacated through this process dead ends at the Vaneikeren's northeastern boundary. There is a city -owned
30 foot wide tract north and east of where the old Cooley Road right of way dead ends which will eventually
be deeded to a Juniper Ridge Owners Association. That doesn't guarantee the needed access for a future
pipeline — the tract will eventually be privately owned by the owners association. And it remains to be
determined what will happen with the property east of the tract. So the Vaneikeren's request seeks to vacate
a portion of right of way that dead ends with few options to guarantee access heading further east.
COID has the ability to use the public right of way in 18th Street and the re -aligned Cooley Road right of way
for their future piping needs. Craig and I discussed this option and he indicated that it could work for COID's
future needs."
On April 10, 2019, Craig Horrell provided the following in an email:
"..Jon, 1 agree with your statements and am willing to write another letter for the record or you can take this
email as confirmation that COID will work with the City on our future needs."
Fatbeam LLC: No response
Pacific Power: No response
CenturyLink: No response
Page 3 of 4
ORDER 2019-012 - EXHIBIT "B"
Deschutes County Community Development Department: No response
Deschutes County Legal Counsel: No response
Findings:
Based upon responses to the preliminary notices and the Road Department's research of the subject right of
way, the Road Department makes the following findings:
• The subject right of way was dedicated to the public on the Royal Oaks Estates, Phase II subdivision plat
recorded as Document 2001-50765 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 600 on Assessor's Map 17-12-15BA.
Recommendation:
Based on the above findings, the Road Department has determined that the proposed vacation is in the public
interest. The Road Department recommends that the Board approve the vacation of a portion of the right of
way of Cooley Rd as described in proposed Order No. 2019-012 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 2019-012 - EXHIBIT "B"
Page 4 of 4
ORDER 2019-012
EXHIBIT "C"
LEGAL DESCRIPTION AND MAP
EXHIBIT "A"
RIGHT OF WAY VACATION
A portion of Cooley Road dedicated on the plat of "Royal Oaks Estates, Phase II", situated in the
Northeast 1/4 of the Northwest 1/4 of Section 15, Township 17 South, Range 12 East of the
Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows:
Beginning at the Northwest corner of Lot 2 of Royal Oaks Estates, Phase II filed October 16,
2001 in Cabinet E, Page 726, Deschutes County Records;
Thence along the easterly right of way line of NE 18th Street, North 00°03'04" East 65.00 feet;
Thence leaving said easterly right of way, along a line 15.00 feet southerly from and parallel to
the northerly right of way of NE Cooley Road, as shown on said plat, North 89°37'02" East
267.10 feet;
Thence North 60°27'05" East 30.78 feet to a point on said northerly right of way of NE Cooley
Road;
Thence along said northerly right of way of NE Cooley Road, North 89°37'02" East 37.23 feet
to the Northeast corner of said Lot 2 of Royal Oaks Estates, Phase II;
Thence along the northerly boundary of said Lot 2, along the arc of a curve having a length of
287.04 feet, a radius of 501.00 feet, a total angle of 32°49'34", and a chord which bears South
73°12'15" West 283.13 feet;
Thence continuing along said northerly boundary of Lot 2, South 89°37'02" West 60.11 feet to
the Point of Beginning.
Contains 15,310 square feet, 0.35 acres, more or less.
This property is depicted on the attached map titled "Exhibit "A" Sketch" which is incorporated
herein by this reference.
REGISTERED
PROFESSIONAL
LAND SURVEYDR
•
• OREG914
DEC. 16, 2009
ERIK J. HUFFMAN
70814 �
RENEWS: JUN. 30, 2019
Page 1 of 1
ORDER 2019-012 - EXHIBIT "C' - PAGE 1 OF 2
EXHIBIT "A" SKETCH
RIGHT OF WAY VACATION
LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 15
TOWNSHIP 17 SOUTH, RANGE 12 EAST, W.M.
DESCHUTES COUNTY, OREGON
DI SPALTRO ENTERPRISES LLC
LOT 3 JUNIPER RIDGE EMPLOYMENT SUBDISTRICT PHASE 1
TAX LOT 1712100000110
PORTION OF COOLEY ROAD NORTH RIGHT OF WAY N60'27'05"E
RIGHT OF WAY NOT VACATED LINE OF COOLEY ROAD 30.78'
PER PLAT OF ROYAL
OAKS ESTATES, PHASE II
15.00'
N89'37'02'E 267.10'
//////////,
w
00 00
1016
oco
0
z
COOLEY ROAD
RIGHT OF WAY
AREA TO BE VACATED
N 89'37'02"E
37.23'
CITY OF
BEND
TRACT B
S89'37'02"W—'
60.11'
P.O.B. = POINT OF BEGINNING
AREA = 15,310 SQUARE FEET
OR 0.35 ACRES
CH=LONG CHORD
R=RADIUS L=LENGTH
==TOTAL ANGLE
L=287.04', R=501.00'
6=32'49'34"
CH=S73'12'15"W 283.13'
JOSHUA VANEIKEREN
LOT 2 ROYAL OAKS ESTATES PHASE II
TAX LOT 171215BA00600
549 SW MILL VIEW WAY
BEC DN SUITE
D,OR
BEND, OREGON 97702
(541) 633-3140
CIVIL ENGINEERING www.beconeng.com
& LAND SURVEYING
FOR:
JOSH AND NICHOLE
VAN EIKEREN
20975 ROYAL OAK CIR.
BEND, OR 97701
DATE: 03/04/2019
SCALE: 1" = 50'
DRAWN BY: EJH
PROJ: 13788
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
DEC. 16, 2009
ERIK J. HUFFMAN
70814
RENEWS: JUN. 30, 2019
ORDER 2019-012 - EXHIBIT "C" - PAGE 2 OF 2
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 BOCC Wednesday Meeting of May 1, 2019
DATE: April 24, 2019
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2019-012, Vacating a Portion of Cooley
Road
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Order No. 2019-012, vacating a portion of Cooley Road.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate a portion of the public right
of way for Cooley Rd. Chief Petitioner for the proposed vacation is Josh Van Eikeren, owner of
tax lot 600 on Assessor's Map 17-12-15BA; additional Petitioners for the proposed vacation are
City of Bend, owner of tax lot 109 on Assessor's Map 17-12-10, and Di Spaltro Enterprises LLC,
owner of tax lot 110 on Assessor's Map 17-12-10. These tax lots comprise all of the abutting or
underlying properties to the subject right of way.
The subject right of way was dedicated on the Royal Oaks Estates, Phase II subdivision plat
(2001). The right of way dedication provided for the future extension of Cooley Rd east of 18th
St.; however, in 2011, Cooley Rd was realigned to its current northerly location as part of the
Juniper Ridge Employment Subdistrict Phase 1 project. No road improvements exists within
the subject right of way.
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. 2019-012 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 the vacation petition fee in the amount
of $500.00.
ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA)