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2020-320-Resolution No. 2020-025 Recorded 8/28/2020REVIEWED LEG COUNSEL Recorded in Deschutes County C J2020-320 Nancy Blankenship, County Clerk Commissioners' ,journal 08/28/2020 4:21:42 PM 2020-320 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of Portions of D.H Yeoman Road and Cole 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. 2020-025 WHEREAS, the owners of 100 percent of property abutting portions of D.H Yeoman Road and Cole Road, which were established by orders recorded as Crook County Commissioner's Journal Volume 5, Page 244 and Deschutes County Commissioner's Journal Volume 5, Page 395 respectively and which 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 portions of D.H Yeoman Road and Cole Road, 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 County Commissioner, 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 day of t7f�', 2020 ATTEST: � vl� Recordi g Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON w.„ t 1. .d�" •{ .r..✓' PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair Q F PHILIP G. HENDERSON, Commissioner PAGE 1 OF 1 — RESOLUTION NO.2020-025 RESOLUTION NO. 2020-025 EXHIBIT "A" LEGAL DESCRIPTIONS AND MAPS AAK R AKS ENGINEERING FORESTRY, , 12965 SW Herman Road, Suite 100Tualatin, OR 97062 AKS Job #6777 =3 P: (503) 563-6151 1 www.aks-eng.com ENGINEERING & FORESTRY OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA PAGE 1 OF 2 EXHIBIT A-1 Right -of -Way Vacation Cole Road A tract of land, located in the Northeast One -Quarter and the Northwest One -Quarter of Section 23, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Beginning at the North One -Quarter corner of said Section 23; thence along the west line of the Northeast One -Quarter of said Section 23, also being the centerline of Cole Road, South 00°03'42" West 20.00 feet to the easterly extension of the south right-of-way line of Yeoman Road (20.00 feet from centerline) and the True Point of Beginning; thence along said easterly extension, South 89°58'58" East 30.00 feet to the east right-of-way line of Cole Road (30.00 feet from centerline); thence along said east right-of-way line, South 00°03'42" West 2268.52 feet; thence leaving said east right-of-way line, North 89'56' 18" West 30.00 feet to the centerline of Cole Road; thence along said centerline, North 00°03'42" East 2268.49 feet to the True Point of Beginning. The above described tract of land contains 1.56 acres, more or less. 3/02/2020 REGISTERED PROFESSIONAL LAND SURVEYOR �i -ta__ OREGON JANUARY 12, 2016 MICHAEL S. KALINA 8955SPLS RENEWS: 6 30 21 TRUE POINT - OF BEGINNING YEOMAN ROAD DOC. NO. 2018-31353 20.00' DOC. NO. 2018-31353 DOC. NO. 2019-11373 DOC. NO. 2018-32237 DOC. NO. 2019-09588 POINT OF EXHIBIT A-1 BEGINNING NORTH 1/4 A TRACT OF LAND LOCATED IN THE NE CORNER SEC. 23 1 /4 AND NW 1 /4 OF SEC. 23, T17S, -SOO'03'42"W 20.00' R12E, W.M., DESCHUTES COUNTY, OREGON S89'58'58"E 30.00' DOC. NO. PAGE 2 OF 2 2019-13482 DOC. NO. 2018-17240 M O � Z OC.' D N O N DOC. NO. 2019-24883 NO. DOC. N0. 2019-22343 2018-17240 N in 06 � N co N N N w s S I• 0 N89'56'18"W 30.00' DOC. NO. 2020-04798 SCALE: 1 "= 250 FEET 250 0 50 125 250 -'-- DOC. NO. AREA: 2019-22343 1.56 ACRES+ (68,055 SF+) DOC. NO. 03 02 2020 2018-34150 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 12, 2016 ).00' MICHAEL S. KALINA 89558PLS RENEWS: 6 30 21 PETROSA EXHIBIT 2018-41231 DCOLE ROAD RIGHT-OF-WAY VACATION A AKS ENGINEERING & FORESTRY, LLC DRWN: M' 12965 SW HERMAN RD, STE 100 CHM' TUALATIN, OR 97062 AKS JOB: 503.563.6151 WWW.AKS-ENG.COM 6777 AAK �S ENGINEERING & FORESTRY AKS ENGINEERING & FORESTRY, LLC 12965 SW Herman Road, Suite 100, Tualatin, OR 97062 P: (503) 563-6151 1 www.aks-enR.com OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA EXHIBIT A-2 Right -of -Way Vacation D.H. Yeoman Road (1914 Dedication) PAGE 1 OF 2 A tract of land, located in the Northeast One -Quarter and the Northwest One -Quarter of Section 23, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Beginning at the North One -Quarter corner of said Section 23; thence along the west line of the Northeast One -Quarter of said Section 23, also being the centerline of Cole Road, South 00°03'42" West 20.00 feet to the easterly extension of the south right-of-way line of Yeoman Road (20.00 feet from centerline) and the True Point of Beginning; thence along said easterly extension, South 89°58'58" East 20.00 feet to the east right-of-way line of the D.H. Yeoman Road right-of-way dedication from 1914; thence along said east right-of-way line, South 00°03'42" West 2268.51 feet; thence leaving said east right-of-way line, North 89'56' 18" West 40.00 feet to the west right-of-way line of Cole Road (20.00 feet from centerline); thence along said west right-of-way line, North 00°03'42" East 2268.48 feet to the south right-of-way line of Yeoman Road (20.00 feet from centerline); thence along the easterly extension of said south right-of-way line, South 89°58'58" East 20.00 feet to the True Point of Beginning. The above described tract of land contains 2.08 acres, more or less. 3/02/2020 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 12, 2016 MICHAEL S. KALINA 89558PLS RENEWS: 6 30 21 TRUE POINT OF BEGINNING YEOMAN ROAD — S89'58'58"E 20.00' DOC. NO. 2018-31353 20.00' 40.00' R.O.W.- PER D.H. YEAOMAN ROAD 1914 DEDICATION DOC. NO. 2018-31353 DOC. NO. 2019-11373 DOC. NO. 2018-32237 DOC. NO. 2019-09588 POINT OF BEGINNING NORTH 1/4 CORNER SEC. 23 S00103'42"W 20.00' S89'58'58"E 20.00' . oMi o Ln z8 CU 0 0 N O N DOC. NO. 2018-17240 —10.00' EXHIBIT A-2 A TRACT OF LAND LOCATED IN THE NE 1 /4 AND NW 1 /4 OF SEC. 23, T17S, R12E, W.M., DESCHUTES COUNTY, OREGON DOC. NO. PAGE 2 OF 2 2019-13482 DOC. NO. 2018-17240 DOC. NO. 2019-24883 ENO. 2019-22343 cc DOC. NO. Z ;III `n 3 2020-04798 SCALE: 1 "= 250 FEET 01 _ Q En z 250 0 50 125 250 O O Qc N89'58'16"W 40.00' DOC. NO. 2019-22343 AREA: 2.08 ACRES± (90,739 SF±) 03 02 2020 DOC. NO. 2018-34150 REGISTERED PROFESSIONAL LAND SURVEYOR OREGN JANUARY 12,O2016 MICHAEL S. KALINA 89558PLS RENEWS: 6 30 21 DOC. NO. PETROSA EXHIBIT 2018-41231 D.H. YEOMAN ROAD RIGHT-OF-WAY VACATION A AKS ENGINEERING & FORESTRY, LLC !AKs RWN: M 12965 SW HERMAN RD, STE 100 HKD: M' TUALATIN, OR 97062 AAK JOB: 503.563.6151 WWW.AKS-ENG.COM 6777 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of August 26,202 DATE: August 20, 2020 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution No. 2020-025, Initiating the Vacation of Portions of D.H. Yeoman Road and Cole Road RECOMMENDATION & ACTION REQUESTED: Motion for approval of Resolution No. 2020-025. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department has received a petition to vacate a portion of the public right of way for Cole Rd. Chief Petitioner for the proposed vacation is Pahlisch Homes at Petrosa LP, owner of tax lots 401, 402, 403, 700, 702, 704, 705, and 706 on Assessor's Map 17-12-23 and tax lots 99, 100, 500, 600, and 800 on Assessor's Map 17-12-23AB; additional Petitioners for the proposed vacation are David and Tammy Nipper, owners of tax lots 400 and 700 on Assessor's Map 17-12-23AB. 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 two separate instruments - an order recorded as Crook County Commisioner's Journal Volume 5, Page 244, which established a 40-foot wide right of way for the D.H. Yeoman Rd in 1914, and an order recorded as Deschutes County Commissioner's Journal Volume 5, Page 395, which established a 30-foot wide right of way for Cole Rd in 1948. Adoption of Resolution No 2020-025 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)