2020-265-Order No. 2020-040 Recorded 7/30/2020Recorded in Deschutes County CJ2020-265
Nancy Blankenship, County Clerk
Commissioners' Journal 07/30/2020 10:46:20 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of Cook Avenue
in Deschutes County, Oregon
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ORDER NO. 2020-040
WHEREAS, proceedings for vacating a portion of Cook Avenue, depicted and described in
Exhibit "A" attached hereto and by this reference incorporated herein, were initiated by the Board of
County Commissioners pursuant to ORS 368.341 upon the owners of property abutting said portion
of Cook Avenue filing a petition, attached hereto as Exhibit "B" and by this reference incorporated
herein, and upon adoption of Resolution No. 2020-048; and
WHEREAS, said petition contains the acknowledged signatures of owners of 100 percent of
property abutting said portion of Cook Avenue and indicates said owners' approval of vacation; and
WHEREAS, upon request by the Board of County Commissioners, the County Road Official
has prepared and filed with the Board a written report, attached hereto as Exhibit "C" and by this
reference incorporated herein, concerning the proposed vacation pursuant to ORS 368.346(1); and
WHEREAS, said report contains the County Road Official's assessment that the proposed
vacation is in the public interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That vacation of the property described in the attached Exhibit "A" is in the
public interest.
Section 2. That the property described in the attached Exhibit "A" is hereby vacated.
Section 3. That the property vacated in Section 2 herein shall vest with the rightful
owner or owners holding title according to law in accordance with ORS 368.366(1)(c).
Section 4. That the Deschutes County Surveyor is directed to mark the plat as provided
in ORS 271.230.
Section 5. That this Order shall be recorded with the Deschutes County Clerk, and that
copies shall be filed with the Deschutes County Surveyor and County Assessor.
Page 1 of 2 — ORDER NO. 2020-040
Dated this day of
ATTEST:
2020. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANTHONY DEBO
E, rce Chair
cording Secretary PHILIP G. HENDERSON, Commissioner
Page 2 of 2 — ORDER NO. 2020-040
EXHIBIT "A"
PORTION OF COOK AVENUE
A portion of Cook Avenue to be Vacated, located in the Southeast One -Quarter (SE1/4) of Section
31, Township 16 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon being
more particularly described as follows:
Beginning at the most Southerly corner of Parcel 1, Partition Plat No. 2014-5, Deschutes County
Official Records, said point lying on the East Right -of -Way of Re -aligned O. B. Riley Road, also
lying on the West Right -of -Way of Cook Avenue, thence along the West Right -of -Way of said Cook
Avenue North 00°05'02" West 20.60 feet to the TRUE POINT OF BEGINNING; thence continuing
along said West line North 00°05'02" West 130.00 feet to the Northwest corner of said Right -of -
Way of Cook Avenue; thence leaving said West Right -of -Way along the North Right -of -Way of
said Cook Avenue North 89°57'31" East 70.00 feet to the Northeast corner of said Right -of -Way
of Cook Avenue ; thence leaving said North Line along the East Right -of -Way of said Cook Avenue
South 00°05'02" East 130.00 feet to the Southwest corner of Lot 2, Block 70, Townsite Of Laidlaw,
Deschutes County, Oregon; thence along the Westerly extension of the South Line of said Lot 2
South 89°57'31" West 70.00 feet to the TRUE POINT OF BEGINNING.
Containing 0.21 acres more or less.
RE& i3TERED
PROFESSIONAL
LAND SURVEYOR
°REGO;
UNE 13, 2008
fifiCHAEL TYE
#65719
EXHIBIT "A" - PAGE 1 OF 2
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EXHIBIT "A" - PAGE 2 OF 2
PETITION FOR VACATION OF A PUBLIC ROAD
TO: BOARD OF COMMISSIONERS FOR DESCHUTES COUNTY
We, the undersigned, holding recorded interests for the property abutting the proposed property for
vacation, respectfully request the following described road be vacated.
Description of road to be vacated: A 130' section of Cook Avenue located north of O.B. Riley Road as
shown and described on the attached Exhibit 1, located in the SE 1/4 of Section 31, Township 16 S,
Range 12 E.,Willamette Meridian, Deschutes County.
Reason for road vacation request: This portion of Cook Avenue is not used for public roadway purposes and is
not needed for street connectivity. No roadway improvements or utilities exist in the road. The property has
only been used by the two abutting owners who both agree to this petition and to the vacation of this portion of
Cook Avenue. The vacation will not result in a loss of access to either parcel abutting the vacated section.
The remainder of Cook Avenue immediately to the north of this section has already been vacated. (See
Partition Plat 2014-05, recorded February 19, 2014 as Deschutes County Official Records no. 2014-05150).
The proposed vacation will reduce County maintenance obligations and is otherwise in the public interest.
DATED this 2( day of', 2020.
KNIFE RIVER CORPORATION NORTHWEST
Jeffrey R. Steyaert
Assistant Secretary
By n ,.
Its Authoriz + gent
Address:
32260 Old Highway 34
Tangent, OR 97389
STATE OF OREGON
County of
nd
On this day of AO, in the year 2020, before me, a Notary Public, personally appeared Patrick Todd
personally, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
this instrument, and acknowledged that he executed it.
PATF1Cf( TODD
.. P.O. Box 5758
Bend, OR 97708
ss.
OFFICIAL STAMP
CAROL ANN BEUSCHLEIN
NOTARY PUBLIC-OREGON
COMMISSION NO. 969852
MY COMMISSION EXPIRES DECEMBER 25, 2021
WITNESS my hand and official seal
dito„(
Notary Public for Oregon.
My Commission expires: / Z-J7--5/ 2/
Page 1 of 2
EXHIBIT "B" - PAGE 1 OF 2
STATE OF O EGON
County of
On this /4tk day of I t.t , in the year 2020, before me, a Notary Public, personally appeared
1, " `,,k ;:� 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
SS.
OFFICIAL STAMP
ELLEN RAE GERIG
NOTARY PUBLIC - OREGON
COMMISSION NO. 999148
MY COMMISSION EXPIRES APRIL 20, 2024
Notary Public for Oregon.
My Commission expires:
1 CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CRGULATED BY ME.
'-Fick Todd
PO Box 5758
Bend OR 97708
(541) 948-4035
Page 1 of 2
EXHIBIT "B" - PAGE 2 OF 2
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer, Deschutes County Road Department
DATE: July 10, 2020
SUBJECT: Road Official's Report
Vacation of a Portion of Cook Ave in Section 31, Township 16 South, Range 12 East
Background:
Deschutes County Road Department has received a petition to vacate a portion of the public right of way for Cook
Avenue. Chief Petitioner for the proposed vacation is Pattrick Todd, owner of tax lot 4500 on Assessor's Map 16-
12-31D; additional Petitioners for the proposed vacation are Knife River Corporation Northwest, owners of tax lot
2400 on Assessor's Map 16-12-31D. These tax lots comprise all of the abutting or underlying properties to the
subject right of way.
The subject right of way was established by the 1904 plat for the Townsite of Laidlaw (Deschutes County
Official Records Document No. 1918-000027). Cook Avenue north of the proposed vacation area across tax
lots 400, 1400, and 2400 was vacated in 2002 (Deschutes County Official Records No 2002-24038). South of
the previously vacated area, Cook Avenue intersects O.B. Riley Road and provides access to tax lots 4500 and
4600; this portion of Cook Avenue is not maintained by Deschutes County, does not appear to have any utilities
located with the right of way, and consists of a minimally -improved gravel road.
The Petitioners have requested the vacation for the following reason:
"This portion of Cook Avenue is not used for public roadway purposes and is not needed for street
connectivity. No roadway improvements or utilities exist in the road. The property has only been used by the
two abutting owners who both agree to this petition and to the vacation of this portion of Cook Avenue. The
vacation will not result in a loss of acess to either parcel abutting the vacated section. The remainder of Cook
Avenue immediately north of this section has already been vacated . (See Portion Plat 2014-05, recorded
February 19, 2014 as Deschutes County Official Records no. 2014-05150). The proposed vacation will reduce
County maintenance obligations and is otherwise in the public interest."
EXHIBIT "C" - PAGE 1 OF 3
Page 1 of 3
The Chief Petitioner has indicated to Road Department staff that the proposed vacation will also allow for a
property line adjustment between tax lots 2400 and 4500 for future development.
Figure 1 —Aerial Photo of Proposed Vacation Area
The Road Department mailed preliminary notices of the proposed vacation to affected property owners,
utilities, and agencies. Responses to those notices are as follows:
• Pacific Power: Pacific Power Real Estate Management submitted the following written comments dated
June 19, 2020:
":..Pacific Power has electrical facilities adjacent to the road and relies on that portion of Cook Avenue
to access those facilities. We therefore request that the road not be vacated unless Pacific Power's
access can be maintained via an access easement or other means providing legal and actual access to
our facilities..."
In response to these comments, the Petitioners granted and recorded a right of way easement to
PacifiCorp on July 9, 2020 (Deschutes County Official Records No. 2020-32811).
The following notified parties did not provide a response:
• Bend Broadband
• CenturyLink
• Pine Ridge Pump
• Hummingbird Fund LLC
• Deschutes County Community Development Department
• Deschutes County Legal Counsel
EXHIBIT "C" - PAGE 2 OF 3
Page 2of3
Findings:
Based upon the submitted petition materials, responses to the preliminary notices, and the Road Department's
research of the subject right of way, the Road Department finds that:
• The subject right of way was dedicated to the public on the Townsite of Laidlaw plat recorded as Document
No. 1918-000027 in the office of the County Clerk, Deschutes County, Oregon (ORS 368.326).
• The proposed vacation will not deprive access to any owners of a recorded property right (ORS 368.331).
• The petitioners, who represent 100 percent of the owners of property abutting the subject right of way,
have submitted a complete petition and submitted the required fee (ORS 368.341(1)(c); ORS 368.341(3);
ORS 368.341(4); ORS368.351).
• The subject right of way does not appear to contain any utilities or other facilities.
• The subject right of way does not appear to be needed for current or future public use.
• The proposed vacation will allow for a future property line adjustment and development of tax lots 2400
and 4500 on Assessor's Map 16-12-31D
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 of County Commissioners approve the
vacation of a portion of the right of way of Cook Avenue as described in proposed Order No. 2020-040 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.
EXHIBIT "C" - PAGE 3 OF 3
Page3of3
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 July 22, 2020
DATE: July 10, 2020
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2020-040, Vacating a Portion of Cook
Avenue
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Order No. 2020-040.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate a portion of the public right
of way for Cook Avenue. Chief Petitioner for the proposed vacation is Pattrick Todd, owner of tax
lot 4500 on Assessor's Map 16-12-31D; additional Petitioners for the proposed vacation are Knife
River Corporation Northwest, owners of tax lot 2400 on Assessor's Map 16-12-31D. These tax
lots comprise all of the abutting or underlying properties to the subject right of way.
The subject right of way was established by the 1904 plat for the Townsite of Laidlaw
(Deschutes County Official Records Document No. 1918-000027). Cook Avenue north of the
proposed vacation area across tax lots 400, 1400, and 2400 was vacated in 2002 (Deschutes
County Official Records No 2002-24038). South of the previously vacated area, Cook Avenue
intersects O.B. Riley Road and provides access to tax lots 4500 and 4600; this portion of Cook
Avenue is not maintained by Deschutes County, does not appear to have any utilities located
with the right of way, and consists of a minimally -improved gravel road.
All of the underlying and abutting property owners have signed the vacation petition, allowing the
Board of County Commissioners to make a determination for the vacation without a public hearing
pursuant to ORS 368.351.
Adoption of Order No. 2020-040 will vacate the subject right of way, vesting it with the rightful
owners 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)