2022-370-Order No. 2022-053 Recorded 9/26/2022Recorded in Deschutes County C J2�22-37�
Steve Dennison, County Clerk
Commissioners' Journal 09/26/2022 3:32:42 PM
2022-370
Do not remove this page from original document.
Deschutes County Clerk
Cerfjfir%o.:ifcnk Pn A
REVIEWED Deschutes County Official Records
Steve Dennison, County Clerk 2022-35643
LEGAL COUNSEL ��cE 11111111111111 11111111 111111no I III
01457496202200356430120126
D-V Cnt=1 Pgs=12 Stn=4 09/26/2022 03:36 PM
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 Blazer Lane and a Portion
of a Public Road Easement in Deschutes ORDER NO. 2022-053
County, Oregon
WHEREAS, proceedings for vacating the right of way for Blazer Lane 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 Blazer Lane filing a petition, attached hereto as Exhibit "E" and by this reference
incorporated herein, and upon adoption of Resolution No. 2022-065; and
WHEREAS, proceedings for vacating a portion of a public access easement described in
Exhibit "C" and depicted in Exhibit "D", 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 said public access easement filing a petition, attached hereto as Exhibit "F" and by
this reference incorporated herein, and upon adoption of Resolution No. 2022-065; and
WHEREAS, said petitions contains the acknowledged signatures of owners of one hundred
percent of property abutting the subject right of way and public access easement and indicates said
owners' approval of vacation; and
WHEREAS, upon request by the Board of County Commissioners, the County Engineer, on
behalf of the County Road Official, has prepared and filed with the Board a written report, attached
hereto as Exhibit "G" and by this reference incorporated herein, concerning the proposed vacation
pursuant to ORS 368.346(1); and
WHEREAS, said report contains the County Engineer'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 Exhibits "A" and "C"
and depicted in the attached Exhibits "B" and "D" is in the public interest:
Section 2. That the property described in the attached Exhibits "A" and "C" and depicted
in the attached Exhibits "B" and "D" 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.
Page 1 of 2 — ORDER NO. 2022-053
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.
Dated this Z 1 day of Sc f= > , 2022
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PA AD I hair
ANTHONY DEBONE, Vice Chair
PHIL CHANG, Comm ssioner
Page 2 of 2 — ORDER NO. 2022-053
EXHIBITA
VACATION OF BLAZER OF WAY
A 60' WIDE STRIP OF LAND SITUATED IN LOT 10, BLOCK 1, FREMONT
CANYON, A SUBDIVISION OF RECORD SITUATED IN THE NORTHEAST
QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 11 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. SAID RIGHT OF
WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF BLAZER LANE, A 60' WIDE RIGHT OF WAY,
LOCATED WITHIN LOT 10, BLOCK 1, FREMONT CANYON LYING SOUTH OF
THE NORTH LINE OF SAID LOT 10 AND NORTH OF THE NORTHERLY RIGHT
OF WAY LINE OF WILT ROAD.
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REGISTFRM
PROFESS1ONAC
LAND SURV EX01
OIL EGON
iVADZR= A. AST. JR.
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EXHIBIT B
REGISTERED VACATION OF BLAZER LANE, A 60'
PROFESSIONAL WIDE RIGHT OF WAY LOCATED IN
LAND SURVEYOR LOT 10, BLOCK 1, FREMONT CANYON,
SITUATED IN THE NORTHEAST QUARTER
OREG OF SECTION 18, TOWNSHIP 14 SOUTH,
JULY 17, 1981 RANGE 11 EAST, WILL.AMETTE MERIDAIN,
FREDERICK A. AST, Jr.
1938 DESCHUTES COUNTY, OREGON
RENEWAL DATE 12131123
BLOCK
LOT 6
7 rol
APPROXIMATE LOCATION 18 17
OF BLAZER LANE (60'R/W)
PER FREMONT CANYON
SUBDIVISION \
VACATING ALL THAT PORTION
LOT 10, BLOCK 1,
FREMONT CANYON
rn o o F-
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1
Vi
►s•11IIIIIII►A
300 0 300 600 900
20-1s¢etAzeR w
1112212021
GRAPHIC SCALE - FEET
I Fred A. Ast, Jr. and Associates 1001 E. Cascade Ave. P.O. Box 751 Sisters, OR 97759 541-480-6804
EXHIBIT C - LEGAL DESCRIPTION
FOR THE VACATION OF A PORTION OF THE
PUBLIC ACCESS EASEMENT DESCRIBED IN DOC. NO. 2018-04422
A strip of land, 60.00 feet in width, lying in the SE 1/4 of Section 7, Township 14 South,
Range 11 East, W.M., Deschutes County, Oregon, being 30.00 feet on each side of the
following described centerline:
Beginning at a point which bears N89°53'55" W 555.28 feet from the Southeast corner of
Section 7, Township 14 South, Range 11 East, W.M.; thence along the centerline surveyed
and shown on CS14480 as filed in the Deschutes County Surveyor's Office (and also as
described in the Public Access Easement recorded in Instrument No. 2018-04422 in the
Deschutes County Clerk's Office) N30°36'09" E 134.00 feet; thence 147.75 feet along the
arc of a 255.72 foot radius curve to the left, the long chord of which bears N14°03'02"E a
distance of 145.70 feet to the terminus of said centerline, also being the terminus of the
centerline described in the Deed of Dedication recorded in Instrument No. 2022-23922 in
the Deschutes County Clerk's Office.
The sidelines of said strip to be extended or shortened to terminate at the south line of
said Section 7.
Bearings are based on the south line of said Section 7 per CS14480 as filed in the
Deschutes County Surveyor's Office.
The strip of land described above is depicted on the attached map titled
"EXHIBIT D" which is incorporated by this reference.
REGISTERED
PROFESSIONAL
AMD® SURVEYOR
a
LVOREGON
CEMBER 28, 2009
N R4SAMUEL
7700PLS /�y /,V0;Z se
RENEWAL
J:\CAD\Projects\MISC2022\DCRD Blazer Ln Vacation Desc & Exhibit\SURVEY\DCRD Blazer Ln vacation 2022-08-22.docx
KRS 08/25/22 11:43 AM
111�>
NORTH
VACATION OF A
PORTION OF
PUBLIC ACCESS
EASEMENT DOC.
NO. 2018-04422
I 1 I
I TERMINUS OF THIS
VACATION AND OF
DEDICATION PER DOC.
NO. 2022-23922
30�
30,
DEDICATION DOC.
NO. 2022 23922
T14S I R11 E
7 8
\ "-�N89'53'55"W 555.28'— _ _ 18 17
POINT OF BEGINNING \ BASIS OF BEARINGS PER CS14480 \
\ _ _ DEDICATION n C \\
` v
CURVE DATA TABLE
CURVE#
LENGTH
RADIUS
DELTA
CH. BEARING
CH. LEN.
C1
147.75'
255.72'
33'06'14."
N14-03'02"E
145.70'
E I
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ONP S B o1g�11�� I
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REGISTERED
PROFESSIONAL
AND SURVEYOR
6
0 R E G 0 N
DEC. 28, 2009
KEVIN R. SAMUEL
77040PLS
RENEWS: 6/30/2024
EXHIBIT D - VACATION OF A PORTION OF PUBLIC ACCESS EASEMENT
SE 1 4 SEC. 7. T14S, R1 1 E, WM
DESCHUTES COUNTY SURVEYOR'S OFFICE SCALE: 1 BY: KRS DATE: 8/22/2022 SHEET
61150 S.E. 27TH STREET, BEND, OR. 97702 FILE: DCRD Blazer Ln Vacation.dwg 1 OF 1
�MISC2022\DCRD Blazer Ln Vacation Desc & Exhibit\DWG\DCRD Blazer Ln Vacation.dwg 0872277
EXHIBIT "E"
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: See attached Exhibit A.
Located in Township 14 South, Range 11 East, Section 18, W.M., Deschutes County, Oregon.
Reason for road vacation request: This vacation request is the final step of relocating Blazer Lane. The new
road dedication deeds were recorded as Instrument Nos. 2022-23922 and 2022-23918.
DATED this 1 E0�'day of August, 2022.
PRINT NAME
STATE OF OREGON
ss.
County of Deschutes
ADDRESS CITY STATE ZIP
On this day of August, in the year 2022, before me, a Notary Public, personally appeared Jonathan D.
Brewer 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.
WITH f SS my hand and official seal
_ --'�ill--Oi�pMWmYMs f
— /&"
OFFICIAL STAMP 'V 'ILA ( —
MARGARET S MOORE Notary Public(or Oregon.
M Commission expires: �^
NOTARY PUBLIC-OREGON y p �tWCq
s COMMISSION NO, 997405
MY COMMISSION EXPIRES MARCH 5, 2024
STATE OF OREGON
Ss.
County of Deschutes )
On this 1 day of August, in the year 2022, before me, a Notary Public, personally appeared Ann S. Brewer
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.
OFFICIAL STAMP
MARGARET S MOORE
NOTARY PUBLIC-OREGON
COMMISSION NO.997405
MV COMMISSION EXPIRES MARCH 5, 2024
WITNESS my hand and official seal
Notary Publ c or Oregon. 1\4
My Commiss n expires: It W �, L->'2-q
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
""]
TELEPHONE: '11 L t l
f�:11c��WI�Y
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: See attached Exhibits "C" and "D"
Located in Township 14 South, Range 11 East, Section 7, W.M., Deschutes County.
Reason for road vacation request: This vacation request is the final step of relocating Blazer Lane. The new
road dedication deeds were recorded as Instrument Nos. 2022-23922 and 2022-23918.
DATED this 7�7 day of t 6+r� r!- , 2022.
PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP
Kristie Bollinger, A/
Deschutes Co.
Property Manager 14 NW Kearney Avenue, Bend, OR 97703
STATE OF OREGON
ss.
County of Deschutes
'rar
On this_LXday y of
.ri
in the year 20,57before me, a Notary Public, personally a eared
personally known to me (oy oved to
me on the basis of satisfactory evidence) to be the person�sjwhose nameW is subscribed to this
instrument, and acknowledged that we *) executed it.
WITNESS my hand and official seal
Notary Public for Oregon.
My Commission expires:
OFFICOIL STAMP
DEBORAH uaUE Cows
NOTARY PUSUC-OREGON
COMMISSION NO.992023
MY COMMISSION EXPIRES OCTOBER 1, 2023
EXHIBIT "G"
MEMORANDUM
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer
DATE: September 13, 2022
SUBJECT: Road Official's Report
Vacation of Blazer Lane in Section 18, Township 14S, Range 11E, W.M., and a Portion of a
Public Access Road Easement in Section 7, Township 14S, Range 11E, W.M.
Background:
Deschutes County Road Department has received a petition to vacate Blazer Lane. Chief Petitioners for the
proposed vacation are Jonathan D. Brewer and Ann S. Brewer, the owners of Tax Lot 100 on current Assessor's
Tax Map 14-11-18. Additionally, the Road Department has received a petition to vacate a section of a public
access easement that serves as a northerly continuation of Blazer Lane across County -owned Tax Lot 700 on
current Assessor's Tax Map 14-11-07; Chief Petitioner for this proposed vacation is Kristie Bollinger, the Deschutes
County Property Manager, on behalf of Deschutes County.
The subject right of way for Blazer Lane ("Area 1"), which is described and depicted in proposed Order No.
2022-053, Exhibits "A" and "B", was dedicated to and accepted on behalf of the public with the FREEMONT
CANYON subdivision plat (1978). Area 1 exists entirely over and across Tax Lot 100 on current Assessor's Tax
Map 14-11-18 (FREEMONT CANYON Lot 10, Block 1). The subject public access easement portion ("Area 2"),
which is described and depicted in proposed Order No. 2022-053, Exhibits "C" and "D", was created in 2018
by instrument recorded as Document Number 2018-004422. Area 2 exists entirely over and across Tax Lot 700
on current Assessor's Tax Map 14-11-07. Collectively, Areas 1 and 2 shall be referred to as "the proposed
vacation area" for the remainder of this report.
The Brewers, Chief Petitioners for Area 1, have caused for the dedication and construction of a new alignment
for Blazer Lane over and across Tax Lot 100 on current Assessor's Tax Map 14-11-18 and Tax Lot 700 on current
Assessor's Tax Map 14-11-07 under Land Use File No. 247-20-000795-RD. The new road alignment provides
for public access to properties north of Tax Lot 100, leaving the proposed vacation area unneccessary for public
EXHIBIT "G" - Page 1 of 3
Figure —Aerial Photo of Proposed Vacation Area
access. The proposed vacation area contains existing gravel road improvements that will remain to provide
access for Tax Lot 100. No utility facilities have been identified within the proposed vacation area.
EXHIBIT "G" - Page 2 of 3
The Petitioners provided the following reason for the proposed vacation:
"This vacation request is the final step of relocating Blazer Lane. The new road dedication deeds were
recorded as Instrument Nos. 2022-23922 and 2022-23918."
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:
• Central Electric Cooperative
o Representative: Parneli Perkins, Land and Right of Way Specialist
o Service provider does not have existing facilities within the area proposed for vacation
o Service provider 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 public's interest in the proposed vacation area was established by the FREEMONT CANYON subdivision
plat and by instrument recorded as Document No. 2018-004422 (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 the owners of 100 percent of property abutting the subject ri ht of way,
p p p p P Y g' J 8 Y
have submitted complete petitions 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 contain public utilities and does not contain public road improvements
of value to the public.
• 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
proposed vacation as described in proposed Order No. 2022-053 subject to the following conditions:
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 with the rightful owner or owners holding title according to law in
accordance with ORS 368.366(1)(c).
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of county property.
EXHIBIT "G" - Page 3 of 3
vT E S , Co
MEETING DATE: September 21, 2022
SUBJECT: Consideration of Order No. 2022-053, Vacating Blazer Lane and a Portion of a
Public Access Easement
RECOMMENDED MOTION:
Move approval of Order No. 2022-053.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate Blazer Lane. Chief
Petitioners for the proposed vacation are Jonathan D. Brewer and Ann S. Brewer, the
owners of Tax Lot 100 on current Assessor's Tax Map 14-11-18. Additionally, the Road
ninnartment has recei�ieri i natitinn to xiacate a sectinn of a ni ihlir access easement that
serves as a northerly continuation of Blazer Lane across County -owned Tax Lot 700 on
current Assessor's Tax Map 14-11-07; Chief Petitioner for this proposed vacation is Kristie
Bollinger, the Deschutes County Property Manager, on behalf of Deschutes County.
The subject right of way for Blazer Lane ("Area 1"), which is described and depicted in
proposed Order No. 2022-053, Exhibits "A" and "B", was dedicated to and accepted on
behalf of the public with the FREEMONT CANYON subdivision plat (1978). Area 1 exists
entirely over and across Tax Lot 100 on current Assessor's Tax Map 14-11-18 (FREEMONT
CANYON Lot 10, Block 1). The subject public access easement portion ("Area 2"), which is
described and depicted in proposed Order No. 2022-053, Exhibits "C" and "D", was created
in 2018 by instrument recorded as Document Number 2018-004422. Area 2 exists entirely
over and across Tax Lot 700 on current Assessor's Tax Map 14-11-07. Collectively, Areas 1
and 2 shall be referred to as "the proposed vacation area" for the remainder of this report.
The Brewers, Chief Petitioners for Area 1, have caused for the dedication and construction
of a new alignment for Blazer Lane over and across Tax Lot 100 on current Assessor's Tax
Map 14-11-18 and Tax Lot 700 on current Assessor's Tax Map 14-11-07 under Land Use File
No. 247-20-000795-RD. The new road alignment provides for public access to properties
north of Tax Lot 100, leaving the proposed vacation area unnecessary for public access.
The proposed vacation area contains existing gravel road improvements that will remain to
provide access for Tax Lot 100. No utility facilities have been identified within the proposed
vacation area.
Adoption of Order No. 2022-053 will complete vacation of the proposed vacation area.
BUDGET IMPACTS:
None.
ATTENDANCE:
Cody Smith, County Engineer