2022-220-Order No. 2022-031 Recorded 6/17/2022REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County
Steve Dennison; County Clerk CJ2022-220
Commissioners' Journal 06/17/2022 4:32:02 PM
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of W.R.
Wilkinson Road in Deschutes County,
Oregon
ORDER NO. 2022-031
WHEREAS, proceedings for vacating a portion of W.R. Wilkinson Road, depicted and
described in Exhibit "A" and depicted in Exhibit "B", 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 W.R. Wilkinson Road filing a petition, attached hereto as
Exhibit "C" and by this reference incorporated herein, and upon adoption of Resolution No. 2022-
045; and
WHEREAS, said petition contains the acknowledged signatures of owners of one hundred
percent of property abutting the subject portion of W.R. Wilkinson Road 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 "D" 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" and
depicted in the attached Exhibit "B" is in the public interest:
Section 2. That the property described in the attached Exhibit "A" and depicted in the
attached Exhibit "B" 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 / F day of 2022
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
r
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHIL CHANG, Commi sioner
Page 2 of 2 — ORDER NO. 2021-016
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 coiner
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.
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
® OREGON
NOVEMBER 10, 2009
JASON L. SIMES
8325SPLS
EXPIRES 6/30/22
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EXHIBIT "C" - PAGE 1 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: -_-- W.R. Wilkinson Road, established 1/12/1908 as a 60' right-of-
way.
Located in —Deschutes Co Tax Assessor's Map Number 171235 Tax Lot 1500, Deschutes County.
Reason for road vacation request: Development of a master -planned residential community, including
public improvements.
DATED this & � day of *L tk 20
PRINT NAME IGN RE ADDRESS CITY STATE ZIP
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STATE OF OREGON
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County of
On this ZS da of in the year 20 a, before me, a Notary Public, personally appeared
` personally known to me (or proved to
me on the basis of sat' factory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
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Notary Public for O on.
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EXHIBIT "C" - PAGE 2 OF 2
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On is iO ay of NAA , in the year 20 Zg before me, a Notary Public, personally appeared
personally known to me (or proved to
me on t e 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.
WIT m an nd official seal
pR� PVB MATTHEW PALMER Notary Public for �` .
¢° Notary ID #12621078b y QS
My Commission Expires My Commission expires:
February 24, 2025
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
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County of
Notary Public for Oregon.
My Commission expires:
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:
I CERTIFY THAT THIS IS THE TRUE AND ORIGI L PE ION C CULATED BY ME.
SIGNIi RE
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EXHIBIT "D"
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer
DATE: June 8, 2022
SUBJECT: Road Official's Report
Vacation of a Portion of W.R. Wilkinson Road Rd in Section 35, Township 17S, Range 12E
Background:
Deschutes County Road Department has received a petition to vacate a portion of the public right of way for
Wilkinson Road. 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 35DC; 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 Petitioners provided the following reason for the proposed vacation:
"Development of a master -planned residential community, including public improvements."
EXHIBIT "D" - Page 1 of 5
More specifically, 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.
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BEAR CREEK ROAD
Figure —Extract from Zone Change Application (County Land Use File No. 247-22-00124-ZC) with Notes
The Petitioners submitted completed service provider consent forms from the all service providers within the
proposed vacation area; those service providers and their responses are listed below:
• TDS Telecom dba Bend Broadband
o Representative: Todd Johnson
o Has existing facilities within the area proposed for vacation
o Consents to the proposed vacation
EXHIBIT "D" - Page 2 of 4
• Central Oregon Irrigation District
o Representative: Kelley O'Rourke
o Has existing facilities within the area proposed for vacation
o Consents to the proposed vacation
o Comments: COID has an established Right of Way for the A Lateral and an abandoned ditch
within the vacation scope. COID is not removing our easement/right of way with our signature
on the proposed vacation of Wilkinson/Aldridge Road. (Note: The Petitioners mistakenly
submitted a separate petition for the vacation of a portion of Aldridge Road that had previously
been vacated.)
• Cascade Natural Gas Corporation
o Representative: Joshua Aignar
o Has existing facilities within the area proposed for vacation
o Consents to the proposed vacation
o Comments: There is current blanket easement in requested vacation corridor.
• Pacific Power
o Representative: Ian Treadway
o Has existing facilities within the area proposed for vacation
o Consents to the proposed vacation
Findings:
Based upon the submitted petition materials, responses to service provider 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 by Crook County order in 1908 (Crook County Commisioner's
Journal Volume 4, Page 189) (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, and the owners of those utilities have consented to the
proposed vacation.
• The proposed vacation area contains no existing public road improvements.
• The proposed vacation is necessary for implementation of Phases 2 and 7 of the HB 4079 — City of Bend
Affordable Housing Pilot Program.
EXHIBIT "D" - Page 3 of 4
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 W.R. Wilkinson Road as described in proposed Order No. 2022-031
subject to the following conditions:
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.
EXHIBIT "D" - Page 4 of 4
BOAR® OF
COMMISSIONERS
MEETING DATE: Monday, June 13, 2022
SUBJECT: Consideration of Order No. 2022-031, Vacating a Portion of W.R. Wilkinson Road
RECOMMENDED MOTION:
Move approval of Order No. 2022-031.
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 35DC; 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
I ot.
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. 2022-031 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