Loading...
2022-316-Resolution No. 2022-057 Recorded 9/6/2022Recorded in Deschutes County C J2022_316 REVIEWED Steve Dennison, County Clerk M VA, „ n Commissioners' ,journal 09/06/2022 4:51:37 PM LEGAL COUNSEL o,,y� ES c�G II I I I II II IIII II I II I I II II IIII III 2022-316 I For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of a Portion of Fryrear Road in Deschutes County, Oregon, Describing the Property " Proposed to be Vacated, the Reasons for the RESOLUTION NO. 2022-057 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 the right of way for Fryrear Road in Township 15S, Range 11E, Section 20, W.M., which was established by Deschutes County order recorded as Deschutes County Commissioners Journal Volume 1, Pages 341 and 342 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 consider vacation of a portion of the right of way for Fryrear Road, as described in Exhibit "A" and depicted in Exhibit "B". Section 2. That the County Engineer, on behalf of the County Road Official, shall file a report with the Board of County Commissioners that includes a description of the ownership and uses of the property subject to these vacation proceedings and an assessment of 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, October 5, 2022, 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 Engineer'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. PAGE 1 OF 2 — RESOLUTION NO. 2022-057 Dated this 3t day of % ' ws , 2022 ATTEST: ��v7� jv� Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON P TTI ADAIR, Chair ANTHONY DEBONE, Vice Chair PHIL CHANG, Commio6ner PAGE 2 OF 2 - RESOLUTION NO. 2022-057 EXHIBIT A W.F. Fryrear Road Vacation All of that certain right-of-way of the W.F. Fryrear Road established by Deschutes County in 1921 lying within the Northeast One -Quarter of the Northeast One -Quarter (NE1/4 NE1/4) and the Southeast One -Quarter of the Northeast One -Quarter (SE 1A NE1/4) of Section 20, Township 15 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon. See attached Exhibit B, entitled "W.F. Fryrear Road Vacation", which is made a part hereof. tl 121 REGISTERED PROFESSIONAL OREGON MARCH 11, 2014 CHRISTOPHER R. MUNSON 80548PLS RENEWS: 0- 1 />Z:Z— Munson &Associates civil engineers 1 land surveyors EXHIBIT B W.F. FRYREAR ROAD VACATION LOCATED IN A PORTION OF THE NE1/4 NE1/4 AND THE SE1/4 NE1/4 OF SECTION 20, TOWNSHIP 15 SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON SECTION 17 SECTION 16 r1 . SECTION 20 SECTION 21 /, RIGHT-OF-WAY TO BE VACATED NW1/4 NE1/4 I NE1/4 NEI/4 NW1/4 L W.F. FRYREAR ROAD, 1921 (60' RIGHT-OF-WAY) SW1/4 NEi/4 SE1/4 NE1/4 RIGHT-OF-WAY TO BE VACATED NE1/4 SE1/4 PREPARED BY: Munson & Associates civil engineers I land surveyors 845 NORTHEAST 11TH STREET BEND, OREGON 97701 i SW1/4 N SCALE: 1 "= 500' DATE: 6/27/2022 W.O.#: 21-019 REGISTERED PROFESSIONAL LAND SURVEYOR t L"W G OREGON MARCH 11, 2014 CHRISTOPHER R. MUNSON 80548PLS RENEWS: 12/31 /2022 o�\)-T Es oo� I �� BOARD OF COMMISSIONERS MEETING DATE: August 31, 2022 SUBJECT: Consideration of Resolution No. 2022-057, Initiating Vacation Proceedings for an Unused Portion of Fryrear Road RECOMMENDED MOTION: Move approval of Resolution No. 2022-057. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department has received a petition to vacate an unused portion of the public right of way for Fryrear Road (also identified as "W.F. Fryrear Road" and "the Fryrear Road" in certain public records). Chief Petitioner for the proposed vacation is Eric H. Vetterlein, General Partner, on behalf of Desert Springs Ranch Limited Partnership, owner of Tax Lots 2800 and 2801 on Assessor's Map 15-11-00. The subject right of way was established on March 14, 1921 by Deschutes County order recorded as Deschutes County Commissioners journal Volume 1, Pages 341 and 342, which established a 60-foot wide right of way. The subject right of way exists across land owned by Desert Springs Ranch Limited Partnership, and portions of the right of way abut federal land managed by the Bureau of Land Management, Prineville District (BLM). No road improvements, utilities, or other improvements existing within the proposed vacation area. The as -constructed Fryrear Road exists to the east of the proposed vacation area across BLM-managed federal lands within a separate right of way granted under BLM Grant No. OR 51362, issued circa December 7, 1995. The BLM is not a petitioner for the proposed vacation. Adoption of Resolution No. 2022-057 will initiate road vacation proceedings pursuant to ORS 368.341. A public hearing will be held during the regularly -scheduled Board of County Commissioners Meeting on Wednesday, October 5, 2022 to allow for interested parties to provide testimony regarding the proposed vacation. BUDGET IMPACTS: None. The Petitioners have paid the applicable vacation petition fee in the amount of $1,600.00. ATTENDANCE: Cody Smith, County Engineer