2020-370-Resolution No. 2020-046 Recorded 10/29/2020Recorded in Deschutes County CJ2020-370
Nancy Blankenship, County Clerk 10/29/2020 9:21:56 AM
REVIEWED Commissioners' Journal
LEGAL CO
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2020-370
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
Portion of an Unnamed Public Road in
Township 17S, Range 11 E, Sections 1 and 2
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. 2020-046
WHEREAS, the owners of 100 percent of property abutting a portion of an unnamed public road in
Township 17S, Range 11 E, Sections 1 and 2, which was established with a Declaration of Dedication recorded
as Volume 21, Page 253 in the Deschutes County Official Records 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
a_ af-_ f..a c ...,... F ..a'..., f hl' rf .�� A-rih _r7 in Gvhihif °4° hon�� �co it �nr�carc
vacate 111C I f1g11t of way of a pof llo f of all unnamed public road, as U..., gybed i , �nnw�a � , vnf%ni t w nnnn r
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 c2—�?- day ofUA6M2020. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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PATTI ADAIR, Chair
ATTEST:
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Recording Secretary
PHILIP G. HENDERSON, Commissioner
PAGE 1 OF 1 — RESOLUTION NO.2020-046
RESOLUTION 2020-46 - EXHIBIT "A" - PAGE 1 OF 2
YE ENGINEERING & SURVEYING, INC
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725 NW Hill Street, Bend, Oregon 97703 • www,tyeengineering,com
Phone: 541-389-6959 - Fax: 541-385-1341
ROAD VACATION
LEGAL DESCRIPTION
A portion of Road as dedicated in Declaration of Dedication. July 27. 1983, in Volume 21, Page
253, Deschutes County Official Records, located in the Northwest one -quarter of the Northwest
one -quarter of Section I and in the Northeast one -quarter of the Northeast one -quarter of Section
2, "Township 17 South, Range I I East, of the Willamette Meridian, Deschutes County, Oregon,
said portion being further described as follows:
Commencing at the Northwest corner of said Section I. thence South 89'53" 18" East along the
North line of said Section 1, a distance of 40.00 feet: thence South 00°05' 12" East parallel with
the West line of said Section 1, a distance of 30.00 feet to the POINT OF BEGINNING; thence
South 00'05' 12" East 193.26 feet; thence South 05°29'28" West 411.54 feet to the west line of
SectioIl 1; thence leaving said west line oI said Section 1, South 89°54'48- West 60.0101 feet to a
point on the westerly right of way line of said road dedicated in Volume 21, page 253; thence
along said westerly right of way line, North 00°05' 12" West 103.40 feet; thence continuing
along said right of way line North 05°2928" East 411.54 feet: thence continuing along said
westerly right of way line North 00'05' 12" West parallel with the west line of Section 1, 90.03
feet: thence South 89°59'30" East 20.00 feet to the west line of said Section 1; thence South
89'53' 18" East 40.00 feet to the POINT OF BEGINNING.
Containing 0.93 acres, more or less.
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RESOLUTION 2020-46 - EXHIBIT "A" - PAGE 2 OF 2
ROAD VACATION AREA
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TYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97703 (541) 389-6959
DATE: 09-25-2020 SCALE: 1"=100' DRAWN BY: P.A.T.
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AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of October 28, 2020
DATE: October 22, 2020
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2020-046, Initiating the Vacation of a
Portion of an Unnamed Road in Township 17S, Range 11 E, Sections 1 and 2
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2020-046.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate a portion of the public right
of way for an unnamed road located in the northwest quadrant of Section 1 and northeast
quadrant of Section 2 in Township 17S, Range 11 E. Chief Petitioners for the proposed vacation
are Ryan and Kacey Taylor, owners of Tax Lot 100 on Assessor's Map 17-11-02. This tax lot
comprises all of the abutting or underlying property to the subject right of way.
The subject right of way was established in 1983 with a Declaration of Dedication recorded as
Volume 21, Page 253 in the Deschutes County Official Records. Presently, the subject right of
way contains no road improvements and various utilities contained within utility easements
created by various instruments. The subject right of way bisects Tax Lot 100 on Assessor's
Map 17-11-02, while an improved unnamed road exists immediately to the east of the area
proposed for vacation along the eastern boundary of Tax Lot 100. The unnamed road aligns
with the dedicated right of way south of the area proposed for vacation and provides access to
four adjacent properties, including Tax Lot 1000 in 17-11-02.
The Petitioners have requested the vacation coincidentally with land use applications
submitted by Big Rock Properties LLC, owner of Tax Lot 1000 in 17-11-02, to dedicate a public
right of way around the portion of the unnamed road that presently exists outside of the public
right of way (File No. 247-20-000434-RD) and to partition Tax Lot 1000 (File No. 247-20-
000420-MP). The proposed dedication will provide for continous public road access to Tumalo
Reservoir Road, a county road, from one of the proposed parcels, which is required for
partitions under Deschutes County Code 17.22.020(A-3). The proposed vacation would vest
the unimproved right of way area to the Taylors in exchange for the proposed dedication.
Adoption of Resolution No 2020-046 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)