2022-433-Resolution No. 2022-068 Recorded 11/30/2022Recorded in Deschutes County C J2022_433
REVIEWED Steve Dennison, County Clerk
Commissioners' ,journal 11 /30/2022 11:44:41 AM
LEGAL COUNSEL, 4 �� II I I I II II IIII II I I II II I II I III III
�� 2022-433
i
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a
Public Right of Way in Township 18S, Range
12E, Section 19, W.M. in Deschutes County,
Oregon, Describing the Property Proposed to RESOLUTION NO. 2022-068
be Vacated, the Reasons for the Vacation,
and Requesting that the County Road Official
File a Report.
WHEREAS, the owners of more than sixty percent of property abutting a public right of way in
Township 18S, Range 12E, Section 19, W.M., which was dedicated to the public by dedication deed recorded
as Deed No. 1970-1720616 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 public right of way in Township 18S, Range 12E, Section 19, W.M., 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,
January 4, 2023, at 9:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes County Services Center,
1300 NW Wail 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.2022-068
Dated this day of U� �' , 2022
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHIL CHANG, Commissioner
PAGE 2 OF 2 - RESOLUTION NO.2022-068
Exhibit A
Right of Way Vacation
That portion of Public Right of Way described in Deed Book 172, Page 616. Deschutes County
Deed Records, lying within lots 106. 108. 109, 110, and 1 I 1 of River Bend Estates, located in
the Southwest One -Quarter of the Northeast One -Quarter, the Northwest One -Quarter of the
Southeast One -Quarter, and the Southwest One -Quarter of Section 19, Township 18 South,
Range 12 East, Willamette Meridian, Deschutes County, Oregon.
The above described land contains 121,665 square feet, more or less.
F
REGISTERED
OFESSIONAL,,,
D SURVEYOR`
ORE60N
NOVEMBER 10, 2009
JASON L. SIMES
83256PLS
EXPIRES 6/30/24
EXHIBIT B
RIGHT OF WAY VACATION
A PORTION OF RIGHT OF WAY DESCRIBED IN DEED BOOK 172, PAGE 616,
LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER, THE NORTHWEST
ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER, AND THE SOUTHWEST ONE -QUARTER OF SECTION 19,
TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON.
60' PUBLIC ROW
DEED BOOK 212
PAGE 1207 39
30'
DEED BOOK 150,
PAGE 1009
LOT 106, RIVER
BEND ESTATES
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ROW VACATION �'S REGISTERED
121,665 SQUARE FEET PROFESSIONAL
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LOT 110, RIVER,
BEND ESTATES OREGON E'=
NOVEMBER 10, 2009
JASON L. SIMES
83256PLS
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1180 SW LAKE ROAD SUITE 201
REDMOND, OR 97756
/ (541) 923-7554
D�SCyuTFSR/V�R PROJECT: BEND CHRISTIAN FELLOWSHIP DEVELOPMENT
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cu�G2a � BOARD OF
{ COMMISSIONERS
MEETING DATE: November 21, 2022
SUBJECT: Consideration of Resolution No. 2022-068, Initiating Vacation Proceedings for a
Public Right of Way in Section 19 of Township 18S, Range 12E, W.M.
RECOMMENDED MOTION:
Move approval of Board Signature of Resolution No. 2022-068, initiating vacation
proceedings for a public right of way in Section 19 of Township 18S, Range 12E, W.M..
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department has received a petition to vacate an unimproved,
unnamed public right of way within the River Bend Estates subdivision in Section 19 of
Township 18S, Range 12E, W.M.. The Petitioners, who are owners of abutting or underlying
property to the proposed vacation area, are:
• Benjamin Miller, authorized representative for Bend Christian Fellowship, owner of
Tax Lot 2200 on Assessor's Map 18-12-19A (Chief Petitioner);
• Thomas D. Snell, joint owner of Tax Lot 15100 on Assessor's Map 18-12-19C;
• Bryan W. and Donna F. Stiff, owners of Tax Lot 14400 on Assessor's Map 18-12-19C;
• David K. McNaughton and Cherlyn L. Vanover, trustees of the McNaughton-Vanover
Living Trust, owner of Tax Lot 14300 on Assessor's Map 18-12-19C; and
• Paul J. and Cindy B. Shonka, owners of Tax Lot 14200 on Assessor's Map 18-12-19C.
The following individuals are owners of abutting or underlying property to the proposed
vacation area who are not Petitioners to the proposed vacation:
• Shanna L. Snell, joint owner of Tax Lot 15100 on Assessor's Map 18-12-19C;
• Bryan C. and Cady Zivney, owners of Tax Lot 800 on Assessor's Map 18-12-19CD;
and
• William J. and Jessica C. Steed, owners of Tax Lot 900 on Assessor's Map 18-12-19CD.
The subject right of way was created by dedication deed recorded at the Deschutes County
Clerk's Office as Instrument Number 1970-1720616. Road Department records do not
indicate why the subject deed was recorded and do not indicate that the subject dedication
was accepted by the Board of County Commissioners in accordance with ORS 93.808. The
Central Oregon Irrigation District (COID) main canal crosses the southern limits of the
proposed vacation area within a separate underlying right of way that is not subject to
these vacation proceedings. Private outbuildings appear to exist within the proposed
vacation area. There are presently no public road improvements and no public utilities
within the proposed vacation area except the aforementioned COID facility.
The vacation of the subject right of way across Tax Lot 2200 would allow for planned site
improvements for Bend Christian Fellowship, including new building and parking space;
however, vacation of the subject right of way over just Tax Lot 2200 would leave an
orphaned right of way over and across the remain underlying properties to the south. As
such, the Chief Petitioner has gathered additional abutting property owner signatures as
listed above.
Adoption of Resolution No. 2022-068 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, January 4, 2023 to allow for interested parties to
provide testimony regarding the proposed vacation.
BUDGET IMPACTS:
None. The Petitioners have paid the applicable vacation petition fee.
ATTENDANCE:
Cody Smith, County Engineer/Assistant Road Department Director