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2022-369-Resolution No. 2022-065 Recorded 9/26/2022Recorded in Deschutes County C J2022_369 REVIEWED Steve Dennison, County Clerk Commissioners' Journal 09/26/2022 3:24:48 PM LEGAL COUNSEL YES co 2022-369 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of Blazer Lane and a Portion of a Public Road Easement in Deschutes County, Oregon, Describing the Property Proposed to be RESOLUTION NO. 2022-065 Vacated, the Reasons for the Vacation, and Requesting that the County Road Official File a Report. WHEREAS, the owners of one hundred percent of property abutting the right of way for Blazer Lane in Township 14S, Range 11 E, Section 18, W.M., which was created by the FREMONT CANYON subdivision plat 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; and WHEREAS, the owners of one hundred percent of property abutting a portion of a public access easement in Township 14S, Range 11 E, Section 7, W.M., which was created by instrument recorded as Document Number 2018-004422 and is described in Exhibit "C" and depicted in Exhibit "D", 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 the right of way for Blazer Lane described in Exhibit "A" and depicted in Exhibit "B". Section 2. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to consider vacation of a portion of a public access easement described in Exhibit "C" and depicted in Exhibit "D". Section 3. 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. PAGE 1 OF 2 — RESOLUTION NO.2022-065 Dated this 2 day of 2022. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Record' g Secretary pdoqL44'(� PA TI ADAIR, Chair �J/L, erir�'"d�aMRwrsv �., ANTHONY DEBONE, Vice Chair PHIL CH NG, Commissioner PAGE 2 OF 2 — RESOLUTION NO. 2022-065 EXHIBITA VACATION OF BLAZER LANE - D; RIGHT 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. (�'-- ltr,,-Z.v2Z RMS'iItIll OFESSIONAC LAND SVRVEWR OR EGON son gat&-cu5 1'Z — 31—Z©23 /J //�'`�•/ EACH I B I T 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, WI LLAMET TE MERI DAI N, FREaERICK A. AST, Jr. 1938 DESCHUTES COUNTY, OREGON RENEWAL DATE 12131123 BLOCK LOT 6 APPROXIMATE LOCATION OF BLAZER LANE (60'R/W) PER FREMONT CANYON SUBDIVISION \ LOT 10, BLOCK 1, FREMONT CANYON l� 1 9 0 ift 300 0 300 600 900 20-164eLrr 11 22 021 GRAPHIC SCALE — FEET I Fred A. Ast, Jr. and Associates 1001 E. Cascade Ave. P.O. Box 751 Sisters, OR 97759 541-480-6804 1 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 LARD® SURVEYOR r, OREGON DECEMBER 28, 2009 KEVIN R. SAMUEL 0// 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 J: 11�� NORTH VACATION OF A PORTION OF PUBLIC ACCESS EASEMENT DOC. NO. 2018-04422 I � I I TERMINUS OF THIS VACATION AND OF DEDICATION PER DOC. NO. 2022-23922 30% � I G� 30, S ��Np �11p'I p0 OJ DEDICATION DOC. NO. 2022-23922 T14S R11 E 7 8 \ �N89'53'55"W 555.28'- - _ - 18 17 POINT OF BEGINNING \ BASIS OF BEARINGS PER CS14480 DEDICATIONOc \O 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' �� PN RED N Oop0 PN Np, 11gp01,� `� 9 40;:% REGISTERED PROFESSIONAL AND SURVEY01 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: �"=goo' DRAWN BY: KRs DATE: s/22/zo22 1 SHpFT 1 61150 S.E. 27TH STREET, BEND, OR. 97702 FILE: DCRD Iazer Ln acation.dwg ects\MISC2022\DCRD Blazer Ln Vacation Desc & Exhibit\DWG\DCRD Blazer Ln Vacation.dwg 08 22 21 o\>,\)' cs eon i BOARD OF -•�,,,� COMMISSIONERS MEETING DATE: September 21, 2022 SUBJECT: Consideration of Resolution No. 2022-065, Initiating Vacation Proceedings for Blazer Lane and a Portion of a Public Access Easement RECOMMENDED MOTION: Move approval of Resolution No. 2022-065. 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 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 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 Resolution No. 2022-065 will initiate road vacation proceedings pursuant to ORS 368.341. BUDGET IMPACTS: None. ATTENDANCE: Cody Smith, County Engineer