2022-219-Resolution No. 2022-045 Recorded 6/17/2022Recorded in Deschutes County
REVIEWED Steve Dennison County Clerk CJ2022-219
(b-
Commissioners'Journal 06/17/2022 4:31:45 PM
LEGALCOUNSEL ��� � F� � 0(" II I I I II II IIII II I I li I II II II I I III
2022-219
I
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
Portion of W.R. Wilkinson Road 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. 2022-045
WHEREAS, the owners of one hundred percent of property abutting a portion of W.R. Wilkinson Road,
which was established by Crook County order recorded as Crook County Commissioners Journal Volume 4,
Page 189 and is described in Exhibit "A" and depicted in Exhibit "B", 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 for a portion W.R. Wilkinson Road, as described in Exhibit "A" and depicted in Exhibit
"B" because it appears that the right of way is no longer required 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 subject to these vacation proceedings, and whether the
vacation would be in the public interest, within fourteen (14) days of the date of this Resolution.
Dated this 1 23 day of , 2022. BOARD OF COUNTY COMMISSIONERS
O DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ATTEST: ANTHONY DEBONE, Vice Chair
'kA, lw"—y
Recording Secretary PHIL CHANG, Commissioner
PAGE 1 OF 1 - RESOLUTION NO.2022-045
Exhibit A
Right of way Vacation
A portion of W.R. Wilkinson Road lying in the lands described in Document 2008-37771,
Deschutes County Official Records, located in the Southwest One -Quarter of the Southeast One -
Quarter of Section 35, Township 17 South, Range 12 East, Willamette Meridian, Deschutes
County, Oregon, being a sixty -foot -wide strip of land with thirty feet on each side of the
following described centerline:
Commencing at a 1/2" iron rod with an illegible yellow plastic cap at the East Sixteenth corner
on the South line of said Section 35; Thence on the East line of the said Southwest One -Quarter
of the Southeast One -Quarter of Section 35 North 0° 10'20" West 30.00 feet to a 5/8" iron rod
with a yellow plastic cap marked "LS 2527" at the Southeast corner of said Document 2008-
37771 and the North right of way line of Bear Creek Road; Thence along said North right of way
line and the South line of said Document 2008-37771 North 89°41'34" West 110.33 feet to the
TRUE POINT OF BEGINNING; Thence North 74000'00" West 136.59 feet; Thence North
88°30'00" West 385.44 feet; Thence North 90°00'00" West 616.44 feet; Thence North 74°00'00"
West 84.81 feet more or less to the West line of the lands described in said Document 2008-
37771 and the POINT OF TERMINUS.
The sidelines shall be lengthened or shortened to terminate on the lines commenced and closed
upon.
The Basis of Bearings is North 89°41'34" West along said North right of way line of Bear Creek
Road and said South line of Document 2008-37771.
The above described lands contain 1.68 acres, more or less.
IV //
PROFESSIONAL
LAND SURVEYfOI
f OREGON
NOVEMBER 10, 2009
JASON L. SIMES
83256PL5
EXPIRES 6/30/22
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A BOAR® OF
I COMMISSIONERS
MEETING DATE: Monday, June 13, 2022
SUBJECT: Consideration of Resolution No. 2022-045, Vacating a Portion of W.R. Wilkinson
Road
RECOMMENDED MOTION:
Move approval of Resolution No. 2022-045.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate the public right of
way for a portion of W.R. Wilkinson Road in Section 35, Township 17S, Range 12E, W.R.
Chief Petitioner for the proposed vacation is H. Porter Burns on behalf of Porter Kelly
Burns Landholdings LLC, owner of Tax Lot 100 on Assessor's Map 17 12 35DCj additional
Petitioner for the proposed vacation is Craig R. Smith on behalf of Hayden Homes. Tax Lot
100 on Assessor's Map 17 12 35DC comprises all of the abutting or underlying properties to
the subject right of way.
The subject right of way was established on January 12, 1908 by Crook County order
recorded as Crook County Commissioners Journal Volume 4, Page 189, which established a
60-foot wide right of way. The subject right of way is contained within the area of the HB
4079 - City of Bend Affordable Housing Pilot Program, which will include expansion of the
Bend Urban Growth Boundary and annexation by the City of Bend of the subject tax lot to
provide for development of 347 housing units, including 108 affordable housing units. The
subject property was approved for a zone change, from Multiple Use Agricultural (MUA10)
to Urbanizable Area (UA), on May 20, 2022 under County Land Use File No. 247-22-00124-
ZC. Presently, the subject right of way contains no road improvements but does contain
public utilities. Bear Creek Road, an improved public road, exists immediately south of the
area proposed for vacation. The proposed vacation will facilitate the platting of Phases 2
and 7 of the HB 4079 - City of Bend Affordable Housing Pilot Program on the subject tax
lot.
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 Resolution No. 2022-045 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