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2021-359-Order No. 2021-016 Recorded 9/3/2021Recorded in Deschutes County CJ2021-359 Steve Dennison, County Clerk commissioners' Journal 09/03/2021 10:48:00 AM ` 2021-359 Do not remove this page from original document. Deschutes County Clerk Certificate PaAZ 11 Deschutes County Official Records REVIEWED Steve Dennison, County Clerk 2021-51150 — �,r.,Yrsco2� IIIIIIIIII) IIII)IIIIIIIIIIIIII III II I II I IIII I II I � LEGAL C UNSEL �""'�✓` 01396189202100611500170178 D-v Cnt=1 Pgs=17 Stn=4 09/03/2021 10:47 AM 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 Butte Drive in Deschutes County, Oregon ORDER NO. 2021-016 WHEREAS, proceedings for vacating Butte Drive, 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 Butte Drive filing a petition, attached hereto as Exhibit "B" and by this reference incorporated herein, and upon adoption of Resolution No. 2021-024; and WHEREAS, said petition contains the acknowledged signatures of owners of one hundred percent of property abutting Butte Drive 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 the Deschutes County Surveyor is directed to mark the plat as provided in ORS 271.230. Section 5. 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. Page 1 of 2 — ORDER NO. 2021-016 Dated this day oBOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: ?1/0/ff Recording Secr ry Page 2 of 2 — ORDER NO. 2021-016 Z'; � / / // ANTHONY DEBONE, Chair PHIL CHANG, Vice Iffhair _ t PAT i ADAIR, Commissioner TYE ENGINEERING SURVEYING, INC, 725 NW Hill Street, Bend, Oregon 97703 - www,tyeengineering.com Phone: 541-389-6959 - Fax: 541-385-1341 EXHIBIT "A" ROAD VACATION BUTTE DRIVE I..,EGAI-, DESCRIPTION All of Butte Drive as dedicated in the plat of Second Addition to River Forest Acres, said plat filed with the Deschutes County Clerk's Office June 14, 1966, said plat further filed with the Deschutes County Surveyor's Office June 14, 1966 as file no. CS09339, being further described as follows: BEGINNING at the Northeast comer of Lot 15, Second Addition to River Forest Acres, thence along the southerly right of way line of Bates Street, South 89'13'00" East 50.00 feet to the Northwest corner ofLot16, thence along the easterly right of way line of Butte Drive and the west line of Lots 16 and Lot 17, South 01'09'00" West 611.86 feet, more or less to the Southwest comer of Lot 17 and a point on the northerly right of way line of Carrington Avenue-, thence along the northerly right of way line of Carrington Avenue North 57'52'22" West 13.17 feet, more or less; thence continuing along said northerly right of way line North 89'1 3'00" West 38.71 feet, more or less to the Southeast corner of Lot 18 and a point on the westerly right of way line of Butte Drive, thence along said westerly right of way line and the east line of Lots 15 and 18. North 01 '09'00" East 605.01 feet, more or less to the Northeast comer of Lot 15 and the POINT OF BEGINNING. REGISTERED PROFESSIONAL .AND SURVEYOR 7-- -77— Ma DIRK �l 2b201 O .URYEE RENEWS: ORDER NO. 2021-016 EXHIBIT "A" - PAGE 1 OF 2 ROAD VACATION - BUTTE DRIVE LOCATED IN THE NE 1 /4 OF SECTION 34, T. 20 S., R. 10 E., W.M., DESCHUTES COUNTY, OREGON 27 26 LO f 15 — TAX LOT 1600 T—NICHOLAS doKAYLA ROTUNNO 34 35 16377 BATES STREET BEND. OREGON 97707 iii (D2) i LOT 5 i LOT 4 i LOT 3 LOT 2 ! LOT 1 i LOT 16 — TAX LOT 1700 PATRICK & DEBBIE SMITH i POINT OF i 16391 BATES STREET POINT BEND, OREGON 97707 1- S89'13'00'E — 50.00' (D3) LOT 17 — TAX LOT 1800 BATES STREET THOMAS WILKERSON REVOCABLE _ ... TRUST i P.O. BOX 4839 SUNRIVER, OREGON 97707 E I ILOT 15 TL 1600 LOT 12 W i LOT 13 ( LOT 14 i (D1) UJ �i i o ��G ° rv; s ? j to �oz i ? I i i LOT 18 LOT 21 i LOT 20 i LOT 19 i TL 1900 (D4) i NBW13'00"W—\ CARRINGTON AVENUE LOT 28 LOT 29 i LOT 30 LOT 31 LOT 16 i D4 TL i) (D2 LOT 18 — TAX LOT 1900 VINCE do JULIE BARGHIGIANI 15940 NW RYEGRASS STREET g� PORTLAND, OREGON 97229 4D i tio Q ROAD i VACATION a LOT 17 TL 1800 (03) 13.17' i LOT 32 i RENEWS. 12/31 /21 TYE ENGINEERING, INC. 725 NW HILL, BEND, OREGON 97703 (541) 389-6959 DATE: 03-30-2021 I SCALE: 1"= 200- IDRAWN BY: P.A.T. I JOB: 2662-WILKERSON 2662-02—Wilkerson road vacation.dwg ORDER NO. 2021-016 EXHIBIT "A" - PAGE 2 OF 2 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: All of Butte Drive as dedicated in the plat of the Second Addition to River Forest Acres (legal description attached.) Butte Drive, a 600 plus foot undeveloped easement running roughly north south between Bates Street and Carrington Avenue, was not improved due to a rock dome approximately 200 feet north of Carrington Avenue. The four lots overlaying the easement have access, with utilities from, Carrington Avenue or Bates Street. Reason for road vacation request: 55150 Butte Drive was originally 16394 Carrington Avenue, having been changed March 31, 2016, then was given an Access -Driveway Permit on 4/19/2016. The reason for these changes was a large rock dome along Carrington Avenue preventing access and utilities to lot 17. Using the Butte Drive easement as a driveway allowed the lot to be developed and a driveway was installed and paved in 2018. Since then, the driveway has been assumed to be Butte Drive which shows on maps as a through road. All four abutting owners would like to prevent any future misunderstanding of the purpose of this area and re-establish the adjacent private property boundaries for the exclusive use of the owners. Although Deschutes County has an ordinance prohibiting camping on county roads, and the chances are small it would happen, there has been a trailer parked on the easement in the past (2016) for several weeks. The adjacent lots are fully developed and Butte Drive has no future use. Contact on this vacation was first made with the Road Department in April 2019 when the petitioner was told it wasn't worth pursuing due to future utilities and development needs. The power grid for this area runs north/south along Forest Lane and easttwest along Bates Street and Carrington Avenue. Butte Drive has never had any utilities within the easement and since all four abutting lots are developed, will never have any utility easements. After some reflection and a few cars trying to pass through Butte Drive the petitioner again made contact with the Road Department on April 15, 2020. On October 12, 2020 a response was received, this time saying the Road Department cannot recommend the Vacation of Butte Drive due to fire danger. (I believe between Covid 19, summer business and this being a low priority issue the response delay was understandable.) Just to clarify, my initial inquiries we made in regards to only the section of Butte Drive adjacent to my property (55150 Butte Drive.) This petition includes the whole of Butte Drive and is representing all four property owners with abutment to Butte Drive. There are fire exits for River Forest Acres on the west end of Bates Street and off Forest Lane south both using secondary roads to access State Rec Road to the south or South Century Drive (42) to the north. Forest Lane also leads north to South Century Drive and can provide additional access north through River Meadows Subdivision. Developing Butte Drive to add to this exit grid provides no advantage to these routes. (Map attached) A Side Note: It may be necessary to return the address of 55150 Butte Drive to the original 16394 Carrington Street to eliminate confusion and remove Butte Drive from all maps. Thank you for your time, Tom Wilkerson, lead petitioner ORDER NO. 2021-016 EXHIBIT "B" - PAGE 1 OF 7 DATED this 20t" day of March, 2021 PRINT NAME Nicholas Rotunno Patrick Smith Vince Barghigiani Thomas L Wilkerson SIGNATURE STATE OF OREGON ) Vic_ ) County of ss )r'JA ADDRESS CITY STATE ZIP 16377 Bates Street Bend OR. 97707 16391 Bates Street Bend OR. 97707 16382 Carrington Ave. Bend OR 97707 55150 Butte Drive Bend OR. 97707 OFFICIAL STAMP AMY VARNER NOTARY PUBLIC-OREGON COMMISSION NO.997999 MY COMMISSION EXPIRES MARCH 12, 2024 On this day of in the year 20 f 1 before me, a Notary Public, personally appeared 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 and and official seal 1`4otary,1016, iic for Oregon I My Commission expires:;,��>� STATE OF OREGON ) �) ss. County of ) On this .`.T< day of At i in the year 20 rl , before me, a Notary Public, personally appeared 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 inAM&and a0p @ g a (she, they) executed it. AMYVARNER WI NESS m hind and offj�al seal NOTARY PUBLIC-OREGON COMMISSION NO.997999 u Notary Public" MYCOMMISSION EXPIRES MARCH 12, 2024 for Oregon r < 1 My Commission expires:<<: STATE OF OREGON ) ss. County of, On this ,; day of ' ` `, in the year 20 4before me, a Notary Public, personally appeared .-:'� A personally known to me (or proved to me on the basis of satisfac ory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WI T 'E �ha�id an i Sal al Notary Pub is for Oregon. } ligm STAMP M Commission ex ires: t,�.% i WHITE Y pLIC-OREGON NO, 992660OBER 10, 2023 ORDER NO. 2021-016 EXHIBIT "B" - PAGE 2 OF 7 STATE OF OREGON ) ss. County ofL_ ) On this day of in the year 20 21 , before me, a Notary Public, personally appeared 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 OFFICIAL. STAMP REBECCA COOK Notary Public for Oregon. NOTARY PUBLIC-OREGON My Commission expires: - \ COMMISSION NO.977001 IdYCDAtAlI SIGN EXPIRES JULY 16, 2022 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE ADDRESS TELEPHONE:✓/ e bU _� 1. ORDER NO. 2021-016 EXHIBIT "B" - PAGE 3 OF 7 DATED this 28t" day of July, 2021 PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP Kayla J Rotunno 16377 Bates Street Bend OR. 97707 Maryann C Sinkler 16377 Bates Street Bend OR. 97707 Steven J Sinkler 16377 Bates Street Bend OR, 97707 Debbie J Smith 16391 Bates Street Bend OR. 97707 Julie Barghigiani 16382 Carrington Ave. Bend OR 97707 STATE OF OREGON ) SS. County Of — ) On this A& day of , in the year 20-,, before me, a Notary Public, personally appeared personally known to me (or proved to me on the Pisis of satisfaLltory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) expcuted i- WIT SS my h d and official seal OFFICIAL STAMP —� MOU"ArMADOU LAMNE SARA JASATHIE VOTARY PUBLIC - OREGON Nota ublic r regon. COMMISSION NO, 982263 My C mmission expires:,t,,.�j�,. MY COMMISSION EXPIRES OECEMBER 17, 2o22 STATE OF OREGON ) } ss. County of V1140z — ) On this 2 V$ day of in the year 20.,L, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basiisrol satisfactory evi ence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) execut it. WITNESS hand3do�ffioseal Notary Pub c for Ofegcti. My Commission expires: Dam-galS, 112 Zz,,, OFFICIAL STAMP AIOUMA>uDOU LAMINE SARA MBATHIE NOTARY PUBLIC - OREGON COMMISSION NO, 162263 MY COMMISSION EXPIRES DECEMBER 17,201 ORDER NO. 2021-016 EXHIBIT "B" - PAGE 4 OF 7 DATED this 280' day of July, 2021 PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP Kayla J Rotunno 16377 Bates Street Bend OR. 97707 Maryann C Sinkler 16377 Bates Street Bend OR. 97707 Steven J Sinkler 16377 Bates Street Bend OR. 97707 Debbie J Smith 16391 Bates Street Bend OR. 97707 �Lr OR 97707 Julie BarghigianiTt+ �ti {: f! z% 16382 Carrington Ave. Bend STATE OF OREGON County of WA3 o.- -P a On this day of 3 in the year 20 v , before me, a Notary Public, personally appeared 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 OFFICIAL STAMP CHASE ELLIOT PEDDICORD Notary Pub!' for Oregon. NOTARY PUBLIC - OREGON ry COMMISSION NO. 1001542 My Commission expires: MY COMMISSION EXPIRES JULY 12, 2024 STATE OF OREGON ss. County of On this day of in the year 20_, before me, a Notary Public, personally appeared 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. My Commission expires: ORDER NO. 2021-016 EXHIBIT "B" - PAGE 5 OF 7 DATED this 281h day of July, 2021 PRINT NAME SIGNATURE Kayla J Rotunno Maryann C Sinkler Steven J Sinkler Debbie J Smith Julie Barghigiani STATE OF ADDRESS CITY STATE ZIP 16377 Bates Street Bend OR. 97707 16377 Bates Street Bend OR. 97707 16377 Bates Street Bend OR. 97707 16391 Bates Street Bend OR. 97707 16382 Carrington Ave. Bend OR 97707 ss. Coun ax) On thi s y f . in the year 202, before me, a Notary Public, personally appeared personally known to me for proved to me on the basis of satisf oryevidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. ESS hand ando sea! ~�DEAN$I3 Notary ublic TAMPfor Oregon.~3 NOTARY pUSL -0RECON My Commission expires: COMMISSION NO- 992418 MY C0MM18 M EXpft& ocT0M01.2023 STATE OF OREGON ss. County of On this day of , in the year 2C , before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: ORDER NO. 2021-016 EXHIBIT "B" - PAGE 6 OF 7 DATED this 2811 day of July, 2021 PRINT NAME . SIG TU RE ADDRESS CITY STATE ZIP Kayla J Rotunno'� t16377 Bates Street f Bend OR. 97707 Maryann C Sinkler I 16377 Bates Street Bend OR. 97707 Steven J Sinkler 16377 Bates Street Bend OR. 97707 Debbie J Smith 16391 Bates Street Bend OR. 97707 Julie Barghigiani 16382 Carrington. Ave. Bend OR 97707 OFFICIAL STAMP :1E `� °= JANiCE FIQENCIA MCDANIEL STATE OF OREGON ) NOTARV PUBLIC - ORE8 COMMISSION NO. 994B49 ]2023 ss • '.. MV COMMISSION EXPIRES DECEMBER 17, 2023 County of On this U day of Qik in the year 20before me, a Notary Public, personally appeared (1A A I r al rj t: a 1 I.i (or proved to „ie n tl e basis of satisfactory evidence) to be the person'(�$J whose name(* is(al)¢) subscribed to this instrument, and acknowledged that he (she, t.y) executed It. W TNESSmv hand and offic seal No ry Publi for Oregon. M ommission expires: 1 ,2 - 11 - STATE OF OREGON ) } ss. County of ) On this day of in the year 20_-, before me, a Notary Public, personally appeared 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. My Commission expires: . ORDER NO. 2021-016 EXHIBIT "B" - PAGE 7 OF 7 R ( ,'), d`?, F I) P€,i7 € fi`ti F N i MEMORANDUM TO: Board of County Commissioners FROM: Cody Smith, County Engineer, Deschutes County Road Department DATE: August 23, 2021 SUBJECT: Road Official's Report Vacation of Butte Drive in Section 34, Township 20 South, Range 10 East Background: Deschutes County Road Department has received a petition to vacate the public right of way for Butte Drive. Petitioners for the vacation are: • Thomas L. Wilkerson (Chief Petitioner), sole trustee of the Thomas L. Wilkerson Revocable Trust, owner of Tax Lot 1800 on Assessor's Map 20-10-34A (Lot 17; 55150 Butte Drive, Bend, Oregon) • Nicholas C. and Kayla J. Rotunno and Steven J. and Maryann C. Sinkler, owners of Tax Lot 1600 on Assessor's Map 20-10-34A (Lot 15; 16377 Bates Drive, Bend, Oregon) • Patrick D. and Debbie J. Smith, owners of Tax Lot 1700 on Assessor's Map 20-10-34A (Lot 16; 16391 Bates Drive, Bend, Oregon) • Vince and Julie Barghigiani, owners of Tax Lot 1900 on Assessor's Map 20-10-34A (Lot 18; 1632 Carrington Avenue, Bend, Oregon) These tax lots comprise all of the abutting or underlying properties to the subject right of way. The subject right of way was established in 1966 by the Second Addition to River Forest Acres plat (Deschutes County Official Records Document No. 1966-000010). The right of way is 50 ft. in width and connects Bates Road to Carrington Drive. The northerly portion of Butte Drive adjacent to Tax Lots 1600 and 1700 consists of a cinder road providing access from Bates Street to those adjacent lots. Within the southerly portion of Butte Drive adjacent to Tax Lots 1800 and 1900, a paved driveway approach exists providing access from Carrington Drive to Tax Lot 1800. Approximately 70 ft. north of the northern terminus of the paved driveway approach, a large rock outcropping exists which prevents vehicles from driving through on Butte Drive between Carrington Drive and Bates Street. Utilities located within the right of way of Butte Drive appear to consist of power and communication facilities providing service to the adjacent lots. Butte Drive exists within the River Forest Acres Special Road District, but the District does not maintain the road. The Petitioners have requested the vacation for the following reason: ORDER NO. 2021-016 EXHIBIT "C" - PAGE 1 OF 4 "55150 Butte Drive was origonally 16394 Carrington Avenue, having been changed March 31, 2016, then was given and Access -Driveway Permit on 411912016. The reason for these changes was a large rock dome along Carrington Drive preventing access and utilities to lot 17. Using the Butte Drive easement as a driveway allowed the lot to be developed and a driveway was installed and paved in 2018. Since then, the driveway has been assumed to be Butte Drive which shows on maps as a through road. All four abutting property owners would like to prevent any future misunderstanding of the purpose of this area and re-establish the adjacent private property boundaries for the exclusive use of the owners... there has been a trailer parked on the easement in the past (2016) for several weeks. The adjacent lots are fully developed and Butte Drive has no future use." Figure 1—Aerial Photo of Proposed Vacation Area ORDER NO. 2021-016 EXHIBIT "C" - PAGE 2 OF 4 The petition included service provider consent forms from the following service providers, who indicated the following: • River Forest Acres Special Road District —Consents to the proposed vacation • Midstate Electric Cooperative — Does not have existing facilities within the area proposed for vacation; consents to the proposed vacation The Road Department mailed preliminary notices of the proposed vacation to affected property owners, utilities, and agencies. The following notified parties did not provide a response: • Patrick D. and Debbie J. Smith • Thomas Wilkerson Revocable Trust • Vince and Julie Barghigiani • Nicholas C. and Kayla J. Rotunno, et al • River Forest Acres Special Road District • Bend Broadband • Midstate Electric Cooperative • 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 finds that: • The subject right of way was dedicated to the public on the Second Addition to River Forest Acres plat recorded as Document No. 1966-000010 in the office of the County Clerk, Deschutes County, Oregon (ORS 368.326). • The proposed vacation will not deprive access to any owners of a recorded property right (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 does not appear to contain any utilities or other facilities, other than private utility services for the adjacent properties. • The subject right of way does not appear to be needed for current or future public use. 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 the right of way of Butte Drive as described in proposed Order No. 2021-016 subject to the following conditions: ORDER NO. 2021-016 EXHIBIT "C" - PAGE 3 OF 4 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). This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of county property. ORDER NO. 2021-016 EXHIBIT "C" - PAGE 4 OF 4 �{BOARD OF 01 ES COMMISSIONERS MEETING DATE: Wednesday, September 1, 2021 SUBJECT: Consideration of Order No. 2021-016, Vacating Butte Drive in Township 20 South, Range 10 East, Section 34 RECOMMENDED MOTION: Move approval of Order No. 2021-016. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department has received a petition to vacate the public right of way for Butte Drive. Petitioners for the vacation are: • Thomas L. Wilkerson (Chief Petitioner), sole trustee of the Thomas L. Wilkerson Revocable Trust, owner of Tax Lot 1800 on Assessor's Map 20-10-34A (Lot 17; 55150 Butte Drive, Bend, Oregon) • Nicholas C. and Kayla J. Rotunno and Steven J. and Maryann C. Sinkler, owners of Tax Lot 1600 on Assessor's Map 20-10-34A (Lot 15; 16377 Bates Drive, Bend, Oregon) • Patrick D. and Debbie J. Smith, owners of Tax Lot 1700 on Assessor's Map 20-10-34A (Lot 16; 16391 Bates Drive, Bend, Oregon) • Vince and Julie Barghigiani, owners of Tax Lot 1900 on Assessor's Map 20-10-34A (Lot 18; 1632 Carrington Avenue, Bend, Oregon) These tax lots comprise all of the abutting or underlying properties to the subject right of way. The subject right of way was established in 1966 by the Second Addition to River Forest Acres plat (Deschutes County Official Records Document No. 1966-000010). The right of way is 50 ft. in width and connects Bates Road to Carrington Drive. The northerly portion of Butte Drive adjacent to Tax Lots 1600 and 1700 consists of a cinder road providing access from Bates Street to those adjacent lots. Within the southerly portion of Butte Drive adjacent to Tax Lots 1800 and 1900, a paved driveway approach exists providing access from Carrington Drive to Tax Lot 1800. Approximately 70 ft. north of the northern terminus of the paved driveway approach, a large rock outcropping exists which prevents vehicles from driving through on Butte Drive between Carrington Drive and Bates Street. Utilities located within the right of way of Butte Drive appear to consist of power and communication facilities providing service to the adjacent lots. Butte Drive exists within the River Forest Acres Special Road District, but the District does not maintain the road. 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. 2021-016 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). BUDGET IMPACTS: None. The Petitioners have paid the vacation petition fee in the amount of $500.00. ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA)