2020-264-Resolution No. 2020-048 Recorded 7/30/2020REVIEWED
LEGA COUNSEL
Recorded in Deschutes County CJ2020-264
Nancy Blankenship, County Clerk
Commissioners' Journal 07/30/2020 10:46:11 AM
CO.
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
Portion of Cook Avenue 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. 2020-048
WHEREAS, the owners of 100 percent of property abutting a portion of Cook Avenue, which was
dedicated to the public on the Townsite of Laidlaw plat and is depicted and described in Exhibit "A", attached
hereto and by this reference incorporated herein, petitioned for the vacation of said road right of way; 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 the right of way of a portion of Cook Avenue, as described in Exhibit "A", because it appears that the
right of way is no longer needed for current or future public use.
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 —2-2" day of
ATTEST:
Recording Secretary
2020. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 1 OF 1 — RESOLUTION NO. 2020-048
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHILIP G. HENDERSSN, Commissioner
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 0. 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.
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EXHIBIT "A" - PAGE 1 OF 2
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EXHIBIT "A' - 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 July 22, 2020
DATE: July 10, 2020
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2020-048, Initiating the Vacation of a
Portion of Cook Avenue
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2020-048.
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 16-12-31 D; 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 utilites located
with the right of way, and consists of a minimally -improved gravel road.
Adoption of Resolution No 2020-048 will initiate 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)