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2020-372-Order No. 2020-039 Recorded 10/29/2020Deschutes County Official Records 2020_57483 Nancy Blankenship, County Clerk REVIEWED ���J is `c2�lIIIII (III IIIIIIIIIIIIIIII (IIIII IIIIIIII IIIII III LEGAL COUNSEL 0132722620200057483013013110/29/2020 09:26 AM D-V Cnt=1 Stn=11 J S This is a no fee document NO FEE For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Vacating a Portion of an Unnamed Public Road in Township 17S, Range 11 E, ORDER NO. 2020-039 Sections 1 and 2, in Deschutes County, Oregon WHEREAS, proceedings for vacating a portion of an unnamed public road, 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 road portion filing a petition, attached hereto as Exhibit "B" and by this reference incorporated herein, and upon adoption of Resolution No. 2020-046; and WHEREAS, said petition contains the acknowledged signatures of owners of 100 percent of property abutting said road portion 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 this Order shall be recorded with the Deschutes County Clerk, and that copies shall be filed with the Deschutes County Surveyor and County Assessor. Recorded in Deschutes County Nancy Blankenship, County Clerk C`l202�-372 Commissioners' Journal 10/29/2020 9:27:18 AM cg Z-t Page 1 of 2 — ORDER NO. 2020-039 2020-372 Dated this -2k" day of 2020 ATTEST: Recording Secretary Page 2 of 2 — ORDER NO. 2020-039 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI A OAIR, Chair 1-l", evi�� ANTHONY DEBONE, Vice Chair A— PHILIP G. HENDERSON, Commissioner ORDER 2020-39 - EXHIBIT "A" - PAGE 1 OF 2 ti RINC. fi 4 n 725 NW Hill Street, Bend, Oregon 97703 • www.tyee gineerin g.com Phone: 541-389-6959 • Fax; 541-385-1341 d 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 1 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 1, 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 Section 1; thence leaving said west line of said Section I., South 8905448" West 60.vv nn `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 89053' 18" East 40.00 feet to the POINT OF BEGINNING. Containing 0.93 acres, more or less. RED IONAL Ma 12, 2010 DIRK'. DURYEE RENEWS: t MA -and Prgjects\2433 - Big Rock Properties\Documents\Road vacationA'MOCK ROAD VACA'HON_legal desc_09.24-2020.docx ORDER 2020-39 - EXHIBIT "A" - PAGE 2 OF 2 ROAD VACATION AREA Lo co "� SECTION CORNER 0 0rf—S89*53'18"E S89'53'18"E 40.00' POINT OF COMMENCEMENT U U S89'59'30"E 20.00' —� v � 40.00' T. 16 S., R. 11 E. T. 17 S., R. 11 E. LOT 5 HIGH MOWING FARMS T_UMALO RESERVOIR ROAD —S00'05'12"E 30.00' z Op co POINT OF o 6 BEGINNING un O N - { �o 0 i co O W co N Ut c _. rri N zo 00 LOT 5 N ' ' • 1- CV L0 O 00 Z rn N O PORTION OF ROAD DECLARATION OF DEDICATION, VOLUME 21, PAGE 253, DESCHUTES COUNTY OFFICIAL RECORDS TO BE VACATED10- 00 O W CJt p O N " S89'54'48"W 60.00'1 SCALE: 1 "=100' RENEWS: 12/31/21 TYE ENGINEERING, INC. 725 NW HILL, BEND, OREGON 97703 (541) 389-6959 DATE: 09-25-2020 SCALE: 1"=100' DRAWN BY: P.A.T. Z,+,)j .13lg rCUGK Ilfiul ul uw I itjo.urry ORDER 2020-39 - EXHIBIT'B" - PAGE 1 OF 3 _ a TENGINEERING Y a,� 725 NW Hill Street, Bend, Oregon 97703 - www,tyeengineering.com Phone: 541-389-6959 • Fax: 541-385-1341 June 29, 2020 Deschutes County Road Dept. 61 150 SE 27"' Street Bend, Oregon 97702 RE: Road Vacation Petition — Mock Road Dear Road Department; We are working with Big Rock Properties on a partition and conditional use permits for the property address o1'64120 Tyler Road. This partition and conditional use permits were submitted ,tune 25, 2020. file numbers 247-20-000420-MP. 247-20-000421-CU and 247-20-000422-CU. The proposed Parcel 3 will be using the southern end of the existing Mock Road right of way as their requirement for road frontage in the partition process. We would like to coordinate this road vacation with a road dedication application submitted to Deschutes County planning, ,tune 29. 2020, file number 247-20-000434-RD. The northern portion of the existing traveled roadway for Mock Road does not fail within the current existing right of way. This vacation and dedication will put the right of way of Mock Road where the actual traveled road is. If you have any questions please feel free to contact myself at 541-389-6959 or Liz Fancher, 541-385-3067. Sincerely, l Pamela "Tennant ORDER 2020-39 - EXHIBIT'B" - PAGE 2 OF 3 PETITION FOR VACATION OF A PUBLIC ROAD TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS We, the undersigned (holding recorded interest or abutting the proposed property or owning improvements constructed on the proposed property for vacation), respectfully request the following described road be vacated. Description of road to be vacated: a Portion of Mock Road dedicated in Declaration of Dedication, recorded July 27, 1983, in Book 21, Page 253, Deschutes County Official Records, said portion described on Exhibit "A" and depicted on Exhibit "B: Located in Deschutes County. Reason for road vacation request: The traveled roadway for Mock road does not fall within this Area of the current dedicated right of way. The petitioner is also applying to Deschutes County to Dedicate the area for which the traveled roadway is located. There is an overhead powerline, underground powerline, corral and other fencing located within this area. DATED this day of 20 6-0 PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP Ryan S. Taylor `�"--�� 19175 Tumalo Reservoir Road, Bend, OR 97703 Kacey J. Taylor --19175 Tumalo Reservoir Road, Bend, OR 97703 STATE OF OREGON ss. County of Deschutes ) On this Z 4 day of in the year 20,,�6 , before me, a Notary Public, personally appeared Ryan S. Taylor and Kacey J. Taylor 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 Notary Public for Oregon. OFFICIALSTAMP My Commission expires: K"i'Lc'z Z PAMELA ANN TE-NNANT NOTARY PUBLIC-OREGON COMMISSION NO.976870 'COMMISSION EXPIRES JULY 16, 2022 Page 1 of 2 ORDER 2020-39 - EXHIBIT "B" - PAGE 3 OF 3 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. yan S. liylorfsignature) Ka ey J. taylof (signature) ADDRESS: 19175 Tumalo Reservoir Road, Bend, Oregon 97703 TELEPHONE: 971-230-4069 Page 1 of 2 ORDER 2020-39 - EXHIBIT "C" - PAGE 1 OF 6 MEMORANDUM TO: Board of County Commissioners FROM: Cody Smith, County Engineer, Deschutes County Road Department DATE: September 29, 2020 SUBJECT: Road Official's Report Vacation of a Portion of an Unnamed Road in Sections 1 and 2, Township 17S, Range 11E Background: 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 11E. 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 (see Attachment 1). 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 (see Attachment 2). ORDER 2020-39 - EXHIBIT "C" - PAGE 2 OF 6 Figure —Proposed Vacation and Dedication Areas The Road Department mailed preliminary notices of the proposed vacation to affected property owners, utilities, and agencies. Responses to those notices are as follows: • Central Electric Cooperative: Parneli Perkins, Lands Specialist for Central Electric Cooperative (CEC,) submitted the following written comments dated July 14, 2020: "CEC has existing facilities in the proposed Mock Road ROW vacation (see attached), and would like to have an easement for them prior to the county vacating."' The attachment referenced in Mr. Perkins correspondence was a map of the proposed vacation area provided by the Petitioners with CEC facilities highlighted. The map incorrectly labeled the unnamed ORDER 2020-39 - EXHIBIT "C" - PAGE 3 OF 6 road as "Mock Road", as the unnamed road, on the south side of Tumalo Reservoir Road, generally aligns with Mock Road on the north side of Tumalo Reservoir Road. The Petitioners demonstrated to both CEC and Road Department staff that CEC is benefitted by underlying easements for their facilities recorded as Volume 102, Page 515 and Volume 2020, Page 17714 in the Deschutes County Official Records; these easements will not terminate with vacation of the subject right of way. Tumalo Irrigation District: Chris Schull, Watermaster with Tumalo Irrigation District, submitted the following written comments dated July 20, 2020: "This property is encumbered with an easement for the Tumalo Irrigation District's Lacy Lateral which is a buried pressure pipe. This easement includes the width of the canal and 50" in all directions from the marginal edge of the canal. I've included a map showing the irrigation footprint. The footprint cannot cover any building and other area that you cannot water, such as a driveway. If the footprint is covering any such area, a water transfer will need to be done to correct this. The cost for a water transfer is $1,725.00 and the new location must be beneficially used in the year in which the transfer takes place. Irrigation is only allowed where the water rights are located on the map." The easement referenced in Mr. Schull's correspondence is recorded as Volume 298, Page 329 in the Deschutes County Official Records; this easement will not terminate with vacation of the subject right of way. The irrigation footprint depicted on Mr. Schull's map does not coincide with the subject right of way; regardless, irrigation rights are generally not impacted by public road vacations. The following notified parties did not provide a response: • CenturyLink • John and Janet Kailey • Coyote Gulch LLC • Deschutes County Community Development Department • Deschutes County Legal Counsel 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 makes the following findings: • 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 (ORS 368.326). • No owners of a recorded property right would be deprived of access necessary for the exercise of their property right with the proposed vacation if implemented (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 contains public utilities within easements created by separate instruments that will not terminate upon vacation of the public road right of way. ORDER 2020-39 - EXHIBIT "C" - PAGE 4 OF 6 The proposed vacation, in conjunction with the proposed dedication of the existing improved road (File No. 247-20-000434-RD), will effectively legalize the existing improved road. The proposed dedication is necessary for implementation of the proposed partition of Tax Lot 1000 on Assessor's Map 17-11-02 (File No. 247-20-000420-MP). The proposed vacation will remove an emcumberance on Tax Lot 100 on Assessor's Map 17-11-02 in exchange for the proposed dedication. 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 Cole Rd as described in proposed Order No. 2020-039 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). 3. The vacation will be subject to dedication of the existing improved roadway across Tax Lot 100 on Assessor's Map 17-11-02 and acceptance by the Board of County Commissioners of said dedication on behalf of the public. This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of county property. ORDER 2020-39 - EXHIBIT "C" - PAGE 5 OF 6 ATTACHMENT 1 I SECTION CORNER ,PP EXISTING EASEMENTS T. 16 S, R. 11 E. 35 36 T. 17 S, R. 11 E. 2 1 PP NOTE: MIDSTATE ELECTRIC HAS A i__� " BLANKET EASEMENT TO ENTER -° PROPERTY TO MAINTAIN, REPAIR EXISTING POWERLINES, IN THE W1/2 NW1 /4 OF SEC. 1 AND THE E1 /2 SEII/4 OF SEC. 2 PER VOLUME 102, PG. 515 ROADWAY EASEMENT & AGREEMENT PER VOLUME 269, PG. 892, DESCRIBED AS 100' x 500', LOCATION IS APPROXIMATE RYAN & KACEY TAYLOR 30' WIDE ROAD EASEMENT ACROSS PROPERTY LOT 5, HIGH MOWING FARMS FOR APPROX. 630' FOR BENEFIT OF LOT D 4, HIGH MOWING FARMS PER O PP —= _ VOLUME 172, PG. 1589 EXISTING OVERHEAD POWERLINE v - UNDERGROUND ELECTRIC PER UTILITY LOCATE AND PLAT OF HIGH MOWING FARMS DOMESTIC WATER PER PLAT OF " PROPOSED 60' ROAD HIGH MOWING FARMS, AND WELL & - DEDICATION POND AGREEMENT PER VOLUME G' 269, PG. 895, LOCATIONS NOT 20' WIDE CENTRAL ELECTRIC VERIFIED COOPERATIVE, INC. EASEMENT EXISTING ROAD RIGHT OF PER VOLUME 2020, PG. 17714, WAY, WIDTH VARIES PER DES. CO. OFFICIAL RECORDS VOLUME 21, PG. 253 OPP EXISTING 30" WIDE TUMALO ERR �� JOHN & JANET KAILEY PROPERTY IRRIGATION CANAL EASEMENT PER VOLUME 298, PG. 329, DES. CO. OFFICIAL RECORDS ERR NOTE: THIS CANAL HAS —NA RECENTLY BEEN PIPED AND :CA: IRRIGATION MAINLINE PER HAS NOT BEEN LOCATED PLAT OF HIGH MOWING FARMS, AND WELL & POND APER REGI; ERED VOLUME 269,MPG.r 895, PROF SSl NAL LOCATION NOT VERIFIED AN UR EYOR ,0 20' WIDE CENTRAL ELECTRIC EGON POWERLINE EASEMENT PER VOLUME May 12 2010 DIRK P. �DURYEE 89, PAGE 814, ADJACENT AND SCALE: 65694PLS PARALLEL TO THE WEST LINE W1/2 1"=100' P NW1/4 NW 1/4 OF SECTION 1 RENEWS: 12/31 /21 TYE ENGINEERING, INC. 725 NW HILL, BEND, OREGON 97703 (541) 389-6959 DATE: 09-25-2020 SCALE, 1"=100' DRAWN BY: P.A.T. 7 2433_Big Rock final drawings.dwg ATTACHMENT 2 ORDER 2020-39 - EXHIBIT "C" - PAGE 6 OF 6 ROAD VACATION/DEDICATION j EXISTING CONDITIONS SECTION CORNER FOUND 2-1/2" BRASS CAP, OCRR 1379 -.PP T. 16 S., R 11 E. 35 36 TUMALO RESERVOIR ROAD T. 17 S., R 11 E. 2 1 PP FOUND 5/8" IRON ROD, NO CAP FOUND 5/8" IRON ROD WITH :- �\p\cci u- MAILBOXES ALUM CAP STAMPED "LS 1081" EXISTING CORRAL—.- �� =-'ter \ \ PHONE PEDESTALS FOUND 5/8 " IRON ROD WITH ALUM CAP _ "LS ` -_•' STAMPED 1081", WHICH BEARS EXISTING ROAD RIGHT OF WAY PER VOLUME 21, PG. 253, DESCHUTES \ \ - N8945'20"W 1.25' FROM THE INTERSECTION OF SOUTH RIGHT OF WAY OF TUMALO RESERVOIR ROAD AND WEST COUNTY RECORDS. _ � 30 _ LINE OF PROPOSED ROAD DEDICATION RYAN & KACEY TAYLOR �� PD J LOT 5 - HIGH MOWING FARMS 1711020000100 19175 TUMALO RESERVOIR ROAD \, JOHN & JANET KAILEY \` 1711010000402 BEND, OREGON 97703 �z� o� _ 19251 TUMALO RESERVOIR ROAD BEND, OREGON 97703 \ \F \ \U — _ DEDICATION AREA W V)\ �� VACAIIVIV AREA _ EXISTING GRAVEL ROAD PP o •v \ 0 - FOUND 5/8" IRON ROD WITH ALUM CAP __-_�FOUND 1/2 IRON h STAMPED "LS 1081" _ a; ROD, NO CAP RE RED ES I ON AL ;tA \ ,S RVEYOR MAILBOX -REFUSE 1 AREA EGON FOUND 1/2 IRON ROD, NO "=100' May 12 2010 �DURYEE o CAP, 0.16' EAST OF SECTION SCALE: 1 DIRK P. LINE, HELD FOR LINE fi5694PLS i RENEWS: 12/31 /21 TYE ENGINEERING, INC. 725 NW HILL, BEND, OREGON 97703 (541) 389-6959 DATE: 09-25-2020 7 SCALE: 1"=100' 7DRAWN BY: P.A.T. 2433-Big Rock final drowings.dwg 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 Order No 2020-039, Vacating a Portion of an Unnamed Road in Township 17S, Range 11 E, Sections 1 and 2 RECOMMENDATION & ACTION REQUESTED: Motion for approval of Order No. 2020-039. 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 continuous 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. 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. 2020-039 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)