2021-243-Resolution No. 2021-023 Recorded 6/18/2021Recorded in Deschutes County CJ2021-243
Nancy Blankenship, County Clerk
Commissioners' Journal 06/18/2021 11:31:38 AM
REVIEWED
YA/ c \y``lcs Co// : II' I I III (I'I) II I I (I I II III' II III
LEGAL COUNSEL 2021-243
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 RESOLUTION NO. 2021-023
Vacation, and Requesting that the County
Road Official File a Report.
WHEREAS, the owners of more than sixty percent of property abutting a portion of Cook Avenue,
which was dedicated to the public on the Townsite of Laidlaw plat and is described and depicted 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.
Section 3. That a hearing before the Board of County Commissioners shall be held on Wednesday,
July 21, 2021, at 9:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes County Services Center, 1300
NW Wall Street, Bend, Oregon 97701, for consideration of information contained in the County Road official's
report as well as any information that controverts or supports matters presented to the Board in the course of
the vacation proceedings or that alleges any new matter relevant to the proceeding.
Section 4. That notice of the hearing set by Section 3 herein be provided by posting and by service
to abutting land in a form that substantially conforms with Exhibit "B", attached hereto and by this reference
incorporated herein, pursuant to the notice requirements established by ORS 368.401 to 368.426.
PAGE 1 OF 1 — RESOLUTION NO.2021-023
Dated this day of , 2021
ATTEST:
Recording Se r tary
PAGE 2 OF 1 — RESOLUTION NO.2021-023
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTH NY DIEETONE, Chair
PHIL CHANG, Vice Chair
�� a e , \ 31
PATTI ADAIR,'Commission er
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, said point being the TRUE POINT OF BEGINNING,
thence along the West Right -of -Way of said Cook Avenue North 00'05'02" West 20.60 feet to a
point being on the Westerly extension of the North line of Lot 3, Block 70, Townsite Of Laidlaw,
Deschutes County, Oregon; thence leaving said West line along the Westerly extension of the
North line of said Lot 3 North 89'57'31" East 70.00 feet to the Northwest corner of said Lot 3,
said point lying on the East Right -of -Way of said Cook Avenue; thence leaving said North Line
along the East Right -of -Way of said Cook Avenue South 00°05'02" East 116.00 feet to the
Southwest corner of said Lot 3 said point lying on the South Section line of Section 31; thence
along said South Line South 89°5731" West 33.02 feet; thence along an arc of a Non -Tangent
580.0 feet curve to the Left a distance of 102.48 feet, the cord of which bears North 21'16'02"
West 102.34 feet to the TRUE POINT OF BEGINNING.
Containing 0.14 acres more or less.
dww
DQ
C:)
cr
En
C)
F-
0--
.........
NI 71
00
r_z
-7D uzj 'o
10, Z
Cj
EMI
N 1\21
X
o
Q
ou
U 0
W 0 z
Lo
0 <
U- <
0 >
a0
. . . . . .
.ATI�T\v '4003-
. . . . . . . . . .
zO
LLI
CD
0
Q) 0
Lu
(D
Z LIJ q
of co
Z
c NJ
M
Z
0
0
Lli 0-
uj
Z
IJ�:j
M U- CL _j
ui w
m u
r)
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF PUBLIC HEARING
The Deschutes County Board of Commissioners will hold a public hearing during the regularly scheduled 9
A.M. meeting on July 21, 2021, in the BOCC Hearing Room, First Floor, 1300 NW Wall Street, Bend,
Oregon to consider vacation of a portion of Cook Ave.
Persons interested in obtaining more detailed information or a map of the proposed vacation may contact
the Deschutes County Road Department, 61150 SE 27th Street, Bend, Oregon 97701, Phone: (541) 388-
6581, Email: road na.deschutes.org.
ORS 368.326 to 368.366 provides authority for vacation of public interest in property.
Limited attendance can be made in person in response to the COVID-19 public health emergency. Other
attendance/participation options include:
• Live Stream Video: via the Public Meeting Portal at www.deschutes.org/meetings.
• Citizen Input: in advance of the hearing by email to citizen in p ut(a)-desch utes. org or by voice
message at (541) 385-1734.
• Public Testimony can also be provided virtually through Zoom. Please contact Board of
Commissioners Executive Assistant Sharon Keith at 541-388-6572
or Sharon.keith@deschutes.org prior to 8 a.m. on July 21, 2021 for the meeting ID and password
for the meeting.
01E S C0&
Lv .,,
n 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 June 16, 2021
DATE: June 10, 2021
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2021-023, Initiating the Vacation of a
Portion of Cook Avenue
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2021-023.
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 Petitioner for the proposed vacation is Sara
Whitney, owner of Tax Lot 4600 on Assessor's Map 16-12-31 D.
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 and south of US 20 was vacated in 2002 (Deschutes County Official
Records No. 2002-24038) and 2020 (Deschutes County Commissioners Journal No. CJ2020-
265). The proposed vacation area is not maintained by Deschutes County and consists of a
poor condition paved road. An existing overhead utility exists within the proposed vacation
area. The proposed vacation area abuts a small northerly portion of Tax Lot 200 on
Assessor's Map 17-12-06, owned by Oregon Parks and Recreation Department (OPRD);
OPRD is not a petitioner for the proposed vacation.
Adoption of Resolution No 2021-023 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**)