2019-148-Resolution No. 2019-012 Recorded 5/3/2019Recorded in Deschutes County CJ2019-148
Nancy Blankenship, County Clerk
Commissioners' Journal 05/03/2019 3:31:00 PM
IIIIIIIIIIIIIIIIIIIIIIII II III
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
portion of Cooley Road in Deschutes County,
Oregon, Describing the Property Proposed to
be Vacated, the Reasons for the Vacation,
and Requesting that the County Road Official
File a Report.
RESOLUTION NO. 2019-012
WHEREAS, the owners of land abutting Cooley Road, located in Deschutes County, Oregon and
dedicated to the public on the Royal Oaks Estates Phase II subdivision plat, petitioned for the vacation of a
portion of said road right of way; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest to
consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to
vacate a portion of the right of way of Cooley Road located in Deschutes County, Oregon; dedicated to the
public on the Royal Oaks Estates Phase II subdivision plat; and described in Exhibit "A", attached hereto and
by this reference incorporated herein, because it appears that the right of way is no longer needed for public
use, and will not be needed in the future.
Section 2. That the County Road Official shall file a Report with the Board of Commissioners,
describing the ownership and uses of property to be vacated, and whether the vacation would be in the public
interest, within fourteen (14) days of the date of this Resolution.
DATED this
ATTEST.
day of ..
Reco mg Secretary
PAGE 1 OF 1 — RESOLUTION NO.2019-012
Im
BOARD OF COUNTY COMM SSIONERS
OF DESCHUTES COUNTY N
, 2019.
PATTI ADAIR VICE CHAIR
ANTHONY DEBONE, COMMISSIONER
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
1 71nfet•
LV/.1V 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 SURvEYQ$
r% .
OREGQN!
DEC. 16, 2009
ERIK J. HUFFMAN
70814 ,,/
RENEWS: JUN. 30, 2019
Page 1 of 1
W
00
Pc0
0
z
50 FEET
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
N89'37'02"E
37.23'
PORTION OF COOLEY ROAD NORTH RIGHT OF WAY N60'27'05"E CITY OF
RIGHT OF WAY NOT VACATED LINE OF COOLEY ROAD
PER PLAT OF ROYAL
30'78'
TRACTBEN13OAKS ESTATES, PHASE II
15.00'
N89'37'02"E 267.10'
//////////
COOLEY ROAD
RIGHT OF WAY
AREA TO BE VACATED
P.0.8.
z
m
ao
OTS
0
0
'—S89'37'02"W-
60.11'
P.0.8. = POINT OF BEGINNING
AREA = 15,310 SQUARE FEET
OR 0.35 ACRES
CH=LONG CHORD
R=RADIUS L=LENGTH
A=TOTAL ANGLE
L=287.04', R=501.00'
x=32'49'34"
CH=S73'12'15"W 283.13'
JOSHUA VANEIKEREN
LOT 2 ROYAL OAKS ESTATES PHASE II
TAX LOT 171215BA00600
PiPM 549 SW MILL VIEW WAY
BECONBEND, 100
BEND, OREGON 97702
(541) 40
CIVIL ENGINEERING
www.beconconeng.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
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 Resolution No. 2019-012, Initiating the Vacation of a
Portion of Cooley Road
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2019-012, initiating the vacation of 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.
Adoption of Resolution No 2019-012 initiates road vacation proceedings pursuant to ORS
368.341.
FISCAL IMPLICATIONS: None. Petitioners have paid the vacation petition fee in the amount
of $500.00.
ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA)
