2021-358-Resolution No. 2021-024 Recorded 9/3/2021Recorded in Deschutes County CJ2021-358
REVIEWED Steve Dennison, County Clerk
commissioners' Journal 09/03/2021 10:28:06 AM
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LEGAL COUNSEL I� 1111111111111111111 IT III'II
2021-358
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of Butte
Drive in Deschutes County, Oregon,
Describing the Property Proposed to be
Vacated, the Reasons for the Vacation, and RESOLUTION NO. 2021-024
Requesting that the County Road Official File
a Report.
WHEREAS, the owners of one hundred percent of property abutting Butte Drive, which was dedicated
to the public on the Second Addition to River Forest Acres plat and 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 Butte Drive, 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, within fourteen (14) days of the date of this Resolution.
Dated this day of 021
ATTEST:
Recording Secre
PAGE 1 OF 1 —RESOLUTION NO.2021-024
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHIL CHANG, Vice Chair
PATTI ADAIR, o missioner
`4
E' ONEERING &k 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
LEGAL 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 corner 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 of Lot 16-, 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' 13'00" 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" Fast 605.01 feet, more or less to the Northeast corner of Lot 15 and the
POINT OF BEGINNING.
REGISTERED
PROFESSIONAL
.AND SURVEYOR
I I
ma�.l Z 2010
DIRK DURYEE
RENEWS: i 71/ 17 (
RESOLUTION NO. 2021-024
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
T
I LOT 5
i
27 26
34 35
LOT 4 i LOT 3 1 LOT 2 i LOT 1 I
POINT OF —
BEGINNING
BATES STREET
50.00'
i I �
LOT 15 LOT 16 j
TL 1600 TL 1700
LOT 12 I U J I LOT 13 I LOT 14 ( (D1) (D2)
3
I �p AFDR gQ o �3 I
I Im
o SSG �,��� Q m i
La
IZ �� P z
I z i I LOT 18 LOT 17
LOT 21 g I LOT 20 ( LOT 19 I TL 1900 r TL 1800
(D4) (D3)
I N89'13*OO`W I
38.71' 57'52'2
I _ _ 13.17'
CARRINGTON AVENUE
I LOT 28 I i LOT 29 I LOT 30 I LOT 31 I i
LOT 32 i
�11__J —I-
(
Di)
LOT 15 — TAX LOT 1600
NICHOLAS & KAYLA ROTUNNO
16377 BATES STREET
BEND. OREGON 97707
(D2)
LOT 16 — TAX LOT 1700
PATRICK & DEBBIE SMITH
16391 BATES STREET
BEND. OREGON 97707
(D3)
LOT 17 — TAX LOT 1800
THOMAS VNLKERSON REVOCABLE
TRUST
P.O. BOX 4839
SUNRIVER, OREGON 97707
(D4)
LOT 18 — TAX LOT 1900
VINCE do JULIE BARGHIGIANI
15940 NW RYEGRASS STREET
PORTLAND, OREGON 97229
LTl[O7_1 IIIIICzI
RENEWS: 12/31 /21
TYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97703 (541) 389-6959
1 DATE: 03-30-2021 1 SCALE: 1"=200' 1DRAWN BY: P.A.T. I JOB: 2662—YALKERSON
2662-02—Wilkerson road vocation.dwg
RESOLUTION NO. 2021-024
EXHIBIT "A" - PAGE 2 OF 2
BOARD OF
COMMISSIONERS
1
MEETING DATE: Wednesday, September 1, 2021
SUBJECT: Consideration of Resolution No. 2021-024, Initiating the Vacation of Butte Drive
RECOMMENDED MOTION:
Move approval of Resolution No. 2021-024.
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.
Adoption of Resolution No. 2021-024 will initiate road vacation proceedings pursuant to
ORS 368.341.
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)