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2025-67-Order No. 2025-007 Recorded 4/2/2025REVIEW LEGAL COUNSEL Recorded in Deschutes County Steve Dennison, County Clerk Commissioners' Journal 2025-67 CJ2025-67 04/01 /2025 4:13:34 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Annexation of Parcels ORDER NO. 2025-007 within the Terrebonne Unincorporated Community Boundary into the Terrebonne Sanitary District WHEREAS, the Terrebonne Sanitary District is a special district formed under the provisions of ORS Chp. 450; and WHEREAS, ORS 198.850 allows for initiation of annexation proceedings by Resolution of the District Board; and WHEREAS, on July 18, 2024, the District Board adopted Resolution No. 2024-003, attached hereto as Exhibit 1, initiating the process for voluntary annexation of parcels within the Terrebonne Unincorporated Community Boundary into the District upon written application of owners; and WHEREAS, the parcels identified in Exhibit A and Exhibit B to the attached Exhibit 1 request to be annexed into the District; and WHEREAS, the District has reviewed the annexation requests and has determined that the parcels are eligible and meet the District's criteria for annexation; and WHEREAS, the District requests an Order from the Board of County Commissioners approving the annexations identified within Terrebonne Sanitary District Resolution No. 2024-003; and WHEREAS, County staff have reviewed the Resolution and have determined that annexation is in consistent with applicable zoning ordinances and the Comprehensive Plan; and WHEREAS, by virtue of its status as a non -taxing district, ORS 308.225 does not require review and approval of the map and descriptions by the Oregon Department of Revenue; and WHEREAS, the Board held a duly noticed public hearing on March 19, 2025, to determine whether the affected area would benefit by annexation of said territory into the District; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. The Resolution for annexation, Exhibit 1 (which includes Exhibit A and Exhibit B), attached to this Order, is hereby incorporated by reference. PAGE 1 OF 2 - ORDER NO. 2025-007 Section 2. The Resolution for annexation is hereby approved, and the property identified in Exhibit A and Exhibit B of Exhibit I is declared annexed and included in the District. Section 3. A copy of the signed Order will be forwarded to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office, County Clerk's Office, and the District. Section 4. The purpose of this District is to provide sanitary services. Dated this -Zglh day of Ma4 2025. ATTEST: R cordin ecr BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 76,/ i ANTHONY DeBONE, Chair qA, A4 ( 'd PATTI ADAIR, Vice Chair PHIL CHANG, Commissioner PAGE 2 OF 2 - ORDER NO. 2025-007 EXHIBIT 1 (To Order No. 2025-007) RESOLUTION NO.2024-003 A RESOLUTION OF THE TERREBONNE SANITARY DISTRICT INITIATING THE ANNEXATION OF PARCELS WITHIN THE TERREBONNE UNINCORPORATED COMMUNITY BOUNDARY ELIGIBLE FOR ANNEXATION. Whereas, the Terrebonne Sanitary District (the "District") is a special district formed under the provisions of ORS 450; and Whereas, the District recognizes the importance of providing sewer service to properties within the Terrebonne Unincorporated Community that are outside the current District Boundary; and Whereas, annexation will result in property being included in the District service area boundary and setup to be served by the District when a sewer main is provided for connection; and Whereas, annexation into the District is voluntary and subject to approval by the District as outlined in the District's Annexation Policy and Criteria; and Whereas, property owners desiring to annex property into the District have voluntarily submitted an annexation application form to the District; and Whereas, the District Board finds that the parcels described in the attached Exhibit A, Legal Description, and Exhibit B, Map, are eligible, meets the criteria for annexation under Section 2.1 of the Annexation Policy, and is in the District's best interest to be included in the District boundary and setup to be served by the District when a sewer main is provided for connection; and Whereas, pursuant to ORS 198, the District may initiate annexation proceedings by passing a resolution stating their intention to annex the proposed annexation parcel and submitting it to the Deschutes County Board of Commissioners. NOW, THEREFORE, the Terrebonne Sanitary District Board hereby resolves as follows 1. The above -stated findings contained in this Resolution No. 2024-003 are hereby adopted. 2. The District hereby initiates annexation into the District the parcels described in the attached Exhibit A and Exhibit B before Deschutes County Board of Commissioners. 3. The annexation will be effective upon Deschutes County Board of Commissioners issuing an order annexing the Annexed parcel into the District. 11 P a g e Resolution 2024-003 ADOPTED by the Terrebonne Sanitary District Board on this /9 -! day of 2024. Tim Brown, President ATTEST: . n Daniel , Se Singleton v oncretary ---_,� 2( P a g e Resolution 2024-003 DESCRIPTION Terrebonne Sanitary District Annexation Service Area Boundary Description (Lot & Block) Prepared by: Dan Finnell (Parametrix Inc.) Date:1/29/25 The proposed service area boundary includes the following blocks and lots in the Plat of Hillman, filed November 22, 1909 under County Survey No. 07529, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Block 2 Lots 1-3 (see attached desc.), 9-19 Block 3 Lots 13-16 (see attached desc.) Block 5 Lots 14-19, 24-28 Block 6 Lots 1-4, 28-32 Block 15 Lots 23-27 Block 16 Lots 1-32 Block 18 Lots 10-23 (see attached desc.) Block 21 Lots 11-22 Block 23 Lots 17-20 Block 24 Lots 17-19 (see attached desc.) Block 32 Lots 9-13 Block 34 Lots 1-7, 25-32 Block 38 Lots 9-16 Block 39 Lots 1-4 Block 40 Lots 1-6 Block 41 Lots 3-6, 27-30 Block 49 Lots 13-16 Block 50 Lots 13-16 Block 51 Lots 11-26 Block 53 Lots 9 & 10 Block 58 Lots 10-16 Portions of Blocks 65, 66, & 80 (see attached desc.) Block 66 Lots 1-7, 26-32 Block 67 Lots 13-20 Block 69 Lots 4-8 Block 76 Lots 23-28 Block 77 Lots 17-22 Block 79 Lots 1-7 Block 113 Lots 9 & 10 Block 115 Lots 16 & 17 (see attached desc.) Block 118 Lots 6-13 (see attached desc.) Block 119 Lots 1-3, 30-32 (see attached desc.) Block 121 Lots 1-4, 29-32 (see attached desc.) Block 127 Lots 10-23 Block 129 Lots 10-16 Block 130 Lots 17-24 (see attached desc.) Block 134 Lots 8-11, 22-25 (see attached desc.) Block 137 Lots 1-8, 25-32 Block 141 Lots 25-32 Block 142 Lots 10-23 Portions of Blocks 146, 159, & 160 (see attached desc.) Block 150 Lots 17-32 (see attached desc.) Block 157 Lot 1 (see attached desc.) Block 164 Lots 1-4, 29-32 (see attached desc.) Block 164 Lots 5-8, 25-28 (see attached desc.) Block 164 Lots 13-20 (see attached desc.) Block 166 (see attached desc.) Block 167 Lot 1 (see attached desc.) Block 170 Lots 1-9 Block 171 Lots 1-16 Block 172 Lots 1-16 Block 173 Lots 1-32 (see attached desc.) Block 174 Lots 9-13, 20-23(see attached desc.) Block 176 Lots 5-8, 25-28 (see attached desc.) Block 177 Lots 5-8, 25-28 (see attached desc.) All Lots in Blocks 167, 170, 171, 172, & 173 Vacated portions of 1st Street between Blocks 3 & 16 Vacated portions of E Avenue between Blocks 5 & 6 Vacated portions of 2nd Street between Blocks 16 & 21 Vacated portions of A Street between Blocks 17 & 18 Vacated portions of 2nd Street between Blocks 18 & 19 Vacated portions of F Avenue between Blocks 24 & 25 Vacated portions of 4th Street between Blocks 35 & 38 Vacated portions of 8th Street between Blocks 66 & 79 Vacated portions of 12th Street between Block 102 & 115 Vacated portions of 13th Street between Blocks 111 & 127 Vacated portions of G Ave between Blocks 115 &116 Vacated portions of 14th Street between Blocks 124 & 129 Vacated portions of 17th Street between Blocks 146, 160, 159, & the Oregon Trunk Railway Vacated portions of B Ave between Blocks 146, the Oregon Trunk Railway, 159, & 160 Vacated portions of C Ave between Blocks 159 & 158 Vacated portions of B Ave between Blocks 163 & 164 Vacated portions of C Ave between Blocks 164 & 165 Vacated portions of E Ave between Blocks 166 & 167 Vacated portions of 19th Street between Blocks 166 & 174 Vacated portions of 19th Street between Blocks 164 & 176 Vacated portions of 19th Street between Blocks 163 & 177 Vacated portions of F Ave between Blocks 173 & 172 Vacated portions of G Ave between Blocks 171 & 172 Vacated portions of H Ave between Blocks 170 & 171 Vacated portions of 19th Street between Blocks 167 & 173 Vacated portions of E Ave between Blocks 173 & 174 Block 2 Lots 1-3 and Vacated Right -of -Way Lot 1, 2 & 3 in Block 2 of HILLMAN as recorded in Cabinet A of Plats, Page 77, Records of Deschutes County, Oregon. Together with a portion of vacated A Avenue inuring to said Lot 1. Block 3 Lots 13-16 BEGINNING at the Northivest corner of Block 3, TOWNSITE OF HILLMAN and the Southeast interaction of 19th Street and 'C' Street in Section 16, Township 14 South, Range 13, Fast of the 'Wiltamette Meridian, Deschutes County. nc Oregon; thee South 89°49'15" East along the Southerly right -at way of the before -mentioned `G' Street, a distance of I30 0Q feet; thence South 00007155" Nest, along a tint parallel to (tit Easterly right 4way of the before -mentioned 19th Street, a distance of 109.00 to t thence North 89*49' 1511 West, ntang a fine parallel to the Southerly right-of-way of the before-mentioned'C' Street, a distance of 130.00 feat to a paint on the before-montitsned Easterly right-o&way of IV14 Stream thence North nt3 O T'55"-FAst, along said right-of-way a distance of 100.00 feet to the point of beginning. Block 18 Lots 17-23 and Vacated Right -of -Way Lots Ten (10) through 'rwenty-three (23), dock Eighteen (I &), HILLMAN, Deschutes County, Oregon: TOGET14ER WITH those portions of vacated Cirst Street, "A" Street, and Second Street inuring thereto. Block 24 Lots 17-19 and Vacated Right -of -Way 1't�tri }uan t`='� tk� us ric. 7-47-ZO-00009S-tlr ( ,t i in jJpr% 24, bill , px5cdu•+^ C:a+.riJ i3va +o Nevi a� � Lott, 6�, Ig �l l�, �lo� 2�1, }�i1}vnahl T ✓ ��-441-Fi•w-� A,Vc*'w. 4 t�ci bt� its " rna. 2oa`t-125i1v� t"e (VVA5'j i`hc -a wye �ovt � h i nq 1.14 a -"" Cs ,'re' OY 4et'5. Portions of Blocks 65, 66, 80, and Vacated Right -of -Way A PARCEL OF LAND LOC;ATIt'D IN THE SOUTHEAST ONE —QUARTER OF THE NORTHWEST ONE' QUARTER (SEIM NW114) OF SECTION 16, 'TOWNSHIP 14 SOiFI'K RANGE 13 EAST OF TIE RtII,LAMETT6 MERIDIAN. Dish COUNTY, OREGON 13EM A PORTION OF VACATED 8'M STREET, A PORTION OF VACATED 0 AVENUE, AND A PORTION OF BLOCKS 65, 66, AND 80 OF HILLMAN, ACCORDING To THE OfTK3AL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY. OREG }N. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS TIME NORTHEAST CORNER OF LOT 17 OF BLOCK 79 OF HILLMAN, ACCORDING TO THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOP, DESCHUTES COUNTY, OWN. T1IEN N00*04'S - 30.00 PEET TO THE UE QRff OIf BEING THE; CENTERLINE OF G AVENUE AS CURRENTLY VACATED; 'IM4= N99°49'42" W - 259.96 FIST ALONG SAID CENTERLINE; THENCE SOti'"04.2t —W - 3000 FEET TO THR 1 OICTMEAST CORNER OF BLOCK 66 OF SAm HILLMAN; THENCE W 2(rW-'7"4.99 FEET ALONG T11E EASTERLY BOUNDARY OF SAID BLOCK 66 TO THE SOUTHEAST CORNER OF LOT 19 OF SAID BLOCK 66; TL NCE N&9" 49W' W - %.62 MET ALONG THE SOUTHERLY BOUNDARY OF SAM LOT 19 To THE EASTERLY EXTERIOR BOUNDARY OF 'IERRE.BONNE ESTATES PHASE I.B. ACCORDING TO THE OFFICIAL PLAT TMtHOP AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCH T1'ES COUNTY, OREGON; 'HENCE N2064114" >; - 79.95 FEET ALONG SAID EASTERLY 'EXTERIOR BOUNNDAitY To THE NORTHERLY BOUNDARY OF SAID BLOCK 66; THENCE N2(r41'54"E Y 64.07 FEET ALONG SAID EASTERLY EXTERIOR BOUNDARY TO THE SOUTHERLY BOUNDARY OF BLOCK 45 OF SAID HILLMAN; THENCE N20'41 "S4"E - 70.IS FELT ALONG SAID EASTERLY EXTIOUOR BOUNDARY TO THE SOUTHERLY EXTMOR BOUNDARY OF TERRM30 NNE ESTATES PHASE IA, ACCORDING To THE oFF1C1AL PLAT THEREOF AS RECORDED IN THE 0MC:E OF COUNTY CLERK FOR DESCHU ES COUNTY, OR TON. THENCE S$>I"'S8'im - 21.1$ FEET ALA)NG SAID SOUTHERLY EXTERIOR BOUNDARY TO 1HE EASTERLY BOUNDARY OF SAID BLOCK 65 'CHI SWSI'1tt" 13 - 60-01 FEUI ALONG SAID SOUTHERLY EXTERIOR BOUNDARY TO THE WESTERLY BOUNDARY OF BLOCK 80 OF SAID HILLMAN; THEME S86°59' 1tt" E - 102.91 FEET ALONG SAID SOUTHERLY EXTERIOR BOUNDARY; PENCE S02826' 13'E - 63.01 FEE' ALONG SAID SOUT1aixLY EXTERIOR BOUNDARY; THENCE S1 49'42111 - 94.26 FEET ALONG SAID SOUTHERLY EXTERIOR. BOUNDARY; THENCE S00°tM'7.0"W - 30.00 FEET TO THE TRUE POINT OF BEGINNING, Block 115 Lots 16 & 17 and Vacated Right -of -Way Lots 16 & 17, Block 115, HILLMAN, and a portion of Vacated "G" Avenue and North 12th Street, all which Is more particularly described as follows: Beginning at the Southeast corner of Lot 17 in Block 11.5 of Hillman, thence North 55.00 feet to the Southeast corner of Lot 32, in Block 116; thence West 230.00 feet; thence South 85.00 feet; thence East, 230.00 feet to the point of beginning, Deschutes County, Oregon. Block 118 Lots 6-13 and Vacated Right -of -Way Lots Six (6) ugh and including Thirteen (I3) of Block One Hundred Eighteen (118), TOWNSITE OF HILLMAN, recorded August 1, 1919, in Cabinet A, Page 77, Deschutes County, Oregon, together with that portion of the adjacent vacated 14th Street which inured to said :Lots. SUBJECT TO AND EXCEPTING THEREFROM: Any and all items disclosed in the public record or on a commitment of title, including wilt limitation., any agreements, conditions, covenants, declarations, easements, notices, rights, reservations, and/or restrictions which are incorporated herein as if folly set forth Property Tax Account No.. 243334, Map 1443- Block 119 Lots 1-3, 30-32, and Vacated Right -of -Way Lots 1, 2, 3, 30, 31 and 32, all In Block 119 of TOWNSITE OF HILLMAN, as recorded in Cabinet A of Plats, Page 77, Records of Deschutes County, Oregon. TOGETHER WITH those portions of vacated streets and avenues which inures to said lots by vacation ordinance dated November 8,1971. Block 121 Lots 1-4, 29-32, and Vacated Right -of -Way Lots 29, 30,31 and 32 in Block 121, HILLMAN, Deschutes County, Oregon, recorded August 1, 1918, Plat Cabinet A, Page 77, Deschutes County Records. Together with that portion of vacated 14th Street which inured #hereunto. Block 130 Lots 17-24 and vacated Right -of -Way Lots 17-24, Block 130, Hillman, recorder August 1, 1918, in Cabinet A, Page 77, Deschutes County, Oregon. TOGETHER WITH that portion of vacated Central Avenue, Portions of Blocks 146, 159, & 160 and vacated Right -of -Way The following portions of the plat of HILLMAN, Deschutes County, Oregon vacated by hoard of County Commissioners of the State of Oregon, in the County of Deschutes, order dated September 6, 3.972: Fill of Blacks One Hundred Fifty-eight (156) , and One Hundred Fifty-nine (1S9); and those portions of Block One hundred Forty-six (146), and One Hundred Sixty (1€0), lying North of Smith Rock Road. TOGETHER WTT11 those portions of the following street portions it -luring to said blocks by said vacation order: That portion of 1'lUX street lying North of Sinith Rock Road and terminating at the Oregon Trunk Railroad right-of-way, that portion of "B" Street lying Rash of the Oregon Trunk Railroad right-of-way and commencing at the Oregon Trunk Railroad right-of-way and terminating at the Westerly right-of-way line of 18th Street and that portion of "°C" AvenHte lying East of the Oregon 'hunk Railroad right-of-way commencing at the right---of-way and terminating at the Westerly right-of-way line of 18th Street. Blocks 150 Lots 17-32, 157 Lot 1, and Vacated Right -of -Way Lots 17 thru 32 inclusive, Block 150 and Lot 1, Block 157 of HILLMAN, Records of Deschutes County, Oregon. TOGETHER with those potions of vacated 17th Street which inure to said Lots by operation of Law, by Deschutes County Order No. 2015-017, Recorded April 16, 2015 in Book 2015, Page 13636. Block 164 Lots 1-4, 29-32, and Vacated Right -of -Way Lots 1 through 4, inclusive and Lots 29 through 32, inclusive in Block 164 of HILLMAN as recorded in Cabinet A -of Plats, Page 77 Records of Deschutes County, Oregon. TOGETHER WITH those portions of vacated 19th Street and "B" Avenue, which inured to said Lots by reason of Vacation Order No. 2002-125 recorded November 15, 2002 as Document No. 2002-64117, Deschutes County Records. Block 164 Lots 5-8, 25-28, and Vacated Right -of -Way Lots 5, 6, 7, 8, 25, 26, 27 and 28 in Block 164 of THE TOWNSITE OF HILLMAN, Deschutes County, Oregon, together with that portion of the adjacent vacated 19th street which Inured to said lots. Block 164 Lots 13-20 and Vacated Right -of -Way Lots 13 through and including 20, Block 164, TOWNSITE OF HILLMAN, Deschutes County, Oregon, together with that portion of the adjacent vacated 19th Street and vacated C Avenue which inured to said lots. Excepting therefrom any portion that may lie West of the rlmrock. Block 166 and Vacated Right -of -Way Peel 1, Partition Plat No. 2004-98, recorded December 8, 2004, Document No. 2004-73260, In they office of the County Clerk for Deschutes County, Oregon. TOGETHER with that portion of vacated E Avenue inured by Order No, 2018-W5, recorded April 3, 2018, Document h3o. 2018-13396, Deschutes County Records. Blocks 167, 170, 171, 172, 173, Vacated Right -of -Way, and portions of BNSF railway PARCEL I: Block 167, HILLMAN, Deschutes County, Oregon. PARCEL II: Block 170, HILLMAN, Deschutes County, Oregon. PARCEL III: Block 171, HILLMAN, Deschutes County, Oregon. PARCEL IV: Block 172, HILLMAN, Deschutes County, Oregon. PARCEL V: Block 173, HILLMAN, Deschutes County, Oregon. Together with that portion of vacated E Avenue adjoining that would attach thereto by Ordinance No. 2003-071, recorded August 27, 2003, Document No. 2003-59185, Deschutes County Records. PARCEL VI: A portion of Deschutes County Assessor's Map 141316 AD, Tax Lot No. 97, Deschutes County, Oregon. A tract of land located in the Southeast Quarter of the Northeast Quarter of Section 16, Township 14 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, described as follows: A portion of a 50.00-foot-wide, more or less, strip of land, said strip adjoining and lying Easterly of the Burlington Northern Santa Fe Railroad right of way; said portion of said strip located in Blacks 170, 171 and 172 of the Plat of Hillman, CS07529, Deschutes Surveyor's Office Records, said blocks being a portion of those tracts of land as described in Volume 331, Page 2043, Deschutes County Official Records. Said strip shown as Tax Lot No. 97 on Deschutes County Assessor's Map No. 141316 AD; said portion of said strip located in said Blocks 170, 171 and 172, shown as Tax Lot No. 97 on CS17799, Deschutes County Surveyor's Office Records, being more particularly described as follows: Commencing at the North 1/16th corner between Sections 15 and 16, Township 14 South Range 13 East of the Willamette Meridian; thence South 89054'SO" West along the Northerly line of said Southeast Quarter of the Northeast Quarter, 177.78 feet to the Easterly right of way of the Burlington Northern Santa Fe Railroad and the True Point of Beginning; thence along said Easterly right of way and along the arc of a 5829.65-foot radius curve to the right, 792.14 feet, the chord of which bears South 10043'50" West, 791.53 feet; thence South 14037'20" West, 4.41 feet to the Northwest corner of that tract of land shown as the "Easterly Tract Quitclaimed to the Crook County Investment Company" on CS16531 as described in Volume 2007, Page 51689, Deschutes County Official Records, said parcel also known as the "Jackson -Brown" parcel; thence leaving said Easterly right of way and along the Northerly line of said "Jackson -Brown) parcel, South 75024'04" East, 50.00 feet, more or less, to the Easterly side of the said 50-foot strip of land; thence leaving said "Jackson -Brown" parcel and along said Easterly side North 14037'20" West, 4.41 feet; thence along the arc of a 5879.65-foot radius curve to the left, 805.00 feet, the chord of which bears North 10032'47" East 804.37 feet to said Northerly line of the Southeast Quarter of the Northeast Quarter; thence South 89054'50" West, 50.36 feet more or less to the Point of Beginning. PARCEL VII: A portion of Deschutes County Assessor's Map 141316 AD, Tax Lot No. 99, Deschutes County, Oregon. A tract of land located in the Southeast Quarter of the Northeast Quarter of Section 16, Township 14 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, described as follows: A portion of a 50.00-foot-wide, more or less, strip of land, said strip adjoining and lying Easterly of a portion of that tract of land shown as the "Easterly Tract Quitclaimed to the Crook County Investment Company" on CS16531, Deschutes County Surveyor's Office Records, also recorded in Volume 2007, Page 51689, Deschutes County Official Records; said strip also shown adjoining and lying Easterly of Tax Lot No. 600 on Deschutes County Assessor's Map No. 141316 AD; said portion of said strip located in Blocks 172 and 167 of the Plat of Hillman, CS07529, Deschutes Surveyor's Office Records, said blocks being a portion of those tracts of land as described in Volume 331, Page 2043, Deschutes County Official Records. Said strip shown as Tax Lot No. 99 on Deschutes County Assessor's Map No. 141316 AD; said portion of said strip located in said Blocks 172 and 167, shown as Tax lot No. 99 on CS17799, Deschutes County Surveyor's Office Records and being more particularly described as follows: Commencing at the North 1/16"" corner between Sections 15 and 16, Township 14 South Range 13 East of the Willamette Meridian; thence South 89054'50" West along the Northerly line of the Southeast Quarter of the Northeast Quarter, 177.78 feet to the Easterly right of way of the Burlington Northern Santa Fe Railroad; thence along said Easterly right of way and along the arc of a 5829.65-foot radius curve to the right, 792.14 feet, the chord of which bears South 10043'50" West, 791.53 feet; thence South 14037'20" West, 4.41 feet to the Northwest corner of that tract of land as described in Volume 2007, Page 51689, Deschutes County Official Records, said parcel also known as the "Jackson -Brown" parcel; thence leaving said Easterly right of way and along the Northerly side of said "Jackson - Brown" parcel, South 75024'04" East, 100.01 feet to the Easterly side of the said 50-foot strip of land and the Northeasterly corner of said "Jackson -Brown" parcel, shown as the "Unused Railroad Tract" per the Plat of Hillman and the True Point of Beginning; thence along the Easterly side of said "Jackson -Brown" parcel and said Westerly side of said SO - foot strip, South 14036'51" West 526.27 feet; thence leaving said Easterly side of said 13ackson-Brown" parcel and said Westerly side of the strip, North 89048'54" East, 51.72 feet, more or less, to the Easterly side of said strip of land; thence along said Easterly side, North 14,036'S1" East, 513.08 feet; thence leaving said Easterly side, North 75n24'04" West, 50.00 feet, more or less to the Point of Beginning. PARCEL VIII: A portion of Deschutes County Assessor's Map 141316 DA, Tax Lot No. 97, Deschutes County, Oregon. A tract of land located In the Northeast Quarter of the Southeast Quarter of Section 16, Township 14 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon, described as follows: A portion of a 50.00-foot -wide, more or less, strip of land, said strip adjoining and lying Easterly of a portion of that tract of land shown as the "Easterly Tract Quitclaimed to the Crook County Investment Company" on CS16531, Deschutes County Surveyor's Office Records, also recorded in Volume 2007, Page 51689, Deschutes County Official Records; said strip also shown adjoining and lying Easterly of Tax Lot Nos. 1000 and 1001 on Deschutes County Assessor's Map No. 141316 DA; said portion of said strip located In Block 167 of the Plat of Hillman, CS07529, Deschutes Surveyor's Office Records, said block being a portion of those tracts of land as described in Volume 331, Page 2043, Deschutes County Official Records. Said strip also being described as follows: Commencing at the North 1/160' corner between Sections 15 and 16, Township 14 South, Range 13 East of the Willamette Meridian; thence South 89054'50" West along the Northerly line of the Southeast Quarter of the Northeast Quarter, 177.78 feet to the Easterly right of way of the Burlington Northern Santa Fe Railroad; thence along said Easterly right of way and along the arc of a 5829.65-foot radius curve to the right, 792.14 feet, the chord of which bears South 10043'50" West, 791.53 feet; thence South 14037'20" West, 4.41 feet to the Northwest corner of that tract of land as described in Volume 2007, Page 51689, Deschutes County Official Records, said parcel also known as the "3ackson-Brown" parcel; thence leaving said Easterly right of way and along the Northerly side of said "Jackson - Brown" parcel, South 75024'04" East, 100.01 feet; to the Easterly side of the said SO -foot strip of land and the Northeasterly corner of said "3ackson-Brown" parcel and the Easterly side of the "Unused Railroad Tract" per the Plat of Hillman; thence along the Easterly side of said "3ackson-Brown" parcel and along said Westerly side of said SO -foot strip, South 14036'51" West 526.27 feet to the True Point of Beginning; thence continuing South 14036'51" West, 352.26 feet to a point where the centerline of "E Avenue" extended would intersect said Westerly side of the strip; thence leaving said Easterly side of said "3ackson- Brown" parcel and leaving said Westerly side of the strip of land, South 89050'47" West, 51.58 feet, more or less to the Easterly side of said strip of land; thence along said Easterly side, North 14036'S1" East, 352.78 feet; thence leaving said Easterly side, North 89048'54" West, 51.72 feet the Point of Beginning, shown as Tax Lot No. 97 on Deschutes County Assessor' Map No. 141316 DA. DESCRIPTION FOR ROB JACKSON ANC'. TIM BROWN, LOCATED IN THE SE 114 NE 114 AND THE E112 SE114 OF SECTION 16, TOWNSHIP 14 SOUTH, RANGE 13. EAST, W.M., BEING A PORTION CE THt TOWNSITE .OF "HILLMAN-." DE'SCHUTES COUNTY, OR GOO COMMENCING AT A 3�--1 14" ALVAONUM CAP .A.fONUMENTING THE SOUTHEAST CORNER OF SECTION 16, TOWNSHIP 14 SOUTH, RANGE . 13, EAST, WILLAMETTE MERIDIAN, THE INITIAL -POINT; THENCE N89`50'05rW ALONG. THE SOUTH LINE OF THE TOWNSITE. OF *HILLMAN" - 1138.79 FEET TO THE FAST RIGHT--OF-WAY OF THE BURLINGTON NORTHERN . - SANTA FE RAILROAD, BEING. 100 FEET FROM THE CENTERLINE OF SAID RAILWAY, FROM WHICH A 5/8" REBAR BEARS S89`50'08"E 0.36 FEET; THENCE I' l4'37'2G"E ALONG SAID ' EAST RIGHT-OF-WAY -® 1259.47 FEEL' TO A 314}" PIPE ON THE SOUTH BOUNDARY OF THE EASTERLY TRACT OF LAND QUITC'LAimEB T4 THE CROOK COUNTY INVESTMENT COMPANY, AS RECORDED APRIL 4, 1911 IN VOLUME 24, PAGE 392, CROOK COUNTY DEED RECORDS, AND TO THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF S41D TRACT AS, FOLLOWS: S75`22'40"E - 45.80 FEET TO A BENT 314" PIPE, THENCE S75'22'40"E 54.20 FEET TO A .3/4" PIPE, THENCE N 14',37'2O"E° - 129.06 FEET, FROM WHICH A BENT 3/4" PIPE BEARS N75'22'40"W - 0.20 FEET, THENCE N 14',37'2O'E 475.15 FEET TO A .314" PIPE; THENCE N14`37"20E - 64.06 FEET TO A P.K. NAIL IN A BOULDtR THENCE N 14*37'2O"E - 6.05 FEET TO A 51e RESAR; THENCE Pi14d 3i'2Q"E -L 413.66 FEET, FROM WHICH .A 518" RES AR 8E'APS S75'22'4O"E 0.1. 6 FEEL' THENCE N1.4,J '2G"'E - :10.02 FEET; TO A 13/4" PIPE;: THENCE N75'22'4U'W - 100,00 FEET TO A 3/4" Pl'Pe ON SAID EAST RIGHT-OF-WAY,° THENCE S14"37`20"W ALONG SAID EAST RIGHT--OF-WAY AND ALONG, SAID B'OUNOARY 2000.00 FEET" TO THE POINT OF BEGINNING, THE SAME CONTAINING 4,59 ACRES, SUBJECT TO ALL EXISTING EASEMENTS AND RfGHTS-OF-WAS! OVER AND ACROSS .THE ABOVE OESCRIBED PARCEL OF LAND, Block 174 Lots 9-13, 20-23, and Vacated Right -of -Way Lots 9 through 13 inclusive and Lots 20 through 23, Inclusive, Block 174, HILLMAN, Deschutes County, dragon. Together with that Vacated portion of 19th Street as described in Order No. 2002- 100, recorded November 8, 2002, Volume 2002, Page 62573, Deschutes County, Oregon Block 176 Lots 5-8, 25-28, and Vacated Right -of -Way Description of a parcel of land situated in a portion of the TOWNSITE OF HILLMAN (Terrebonne, Oregon), A subdivision of the S£ Y of the SE Y4 of Section 16, Township 14 South, Range 13 East Of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: PARCEL 2: Lots 5 through and including 8 (5-8) and Lots 25 through and including 28 (25-28) of Block 176, TOWNSITE OF HILLMAN, together with that portion of the adjacent vacated 19`h Street which Inured to said lots. TOGETHER WITH AND SUBJECT TO the 30 foot wide access and utility Easement described herein. Same containing approximately .60 acres. Block 177 Lots 5-8, 25-28, And Vacated Right -of -Way A tract of land located in a portion of the Southeast quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 16, Township 14 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at the corner common to Lot 24 and Lot 25 of Block 177 of the plat of Hillman as recorded on August 8, 1918 in the office of the Deschutes County Clerk in plat cabinet A, page 77 which falls on the West right-of-way line of NE 1st Street; thence along the North boundary line of Lot 25 and Lot 8 of said Block 177 and its Western prolongation North 89'49104" West a distance of 260.02 feet to a point on the centerline of 19th Street (vacated per Order No. 2002-43 as recorded on May 9, 2002 in Volume 2002, Page 25668 of Deschutes County Official Records in the office of the Deschutes County Clerk); thence along said centerline South 00'13122" East a distance of 115.12 feet; thence leaving said centerline South 89'511191' East a distance of 260.05 foot to a point on the West right-of-way line of NE 1st Street; thence along said right-of-way line North 00'14123" West a distance of 114.95 feet to the point of beginning, the terminus of this description. TOGETHER WITH that certain easement recorded January 16, 2003, as Document No. 2003-3564, Official Records. Together with the following block and lot in Forster's Replat, filed March 20, 1969 under County Survey No. 07530, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Block 1 Lot 6 & 9 Together with the following lot in Crawford's Corner, filed September 18, 1968 under County Survey No. 06483, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Lot 7 of CRAWFORD'S CORNER, Deschutes County, Oregon, EXCEPTING THEREFROM: That portion of Lot 7 of CRAWFORD'S CORNER, lying the Northwest Quarter of the Northwest Quarter INWI/4 NWI/41 of Section 16, TOWNSHIP 14 SOUTH, RANGE 13 EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon being more particularly described as follows: Beginning at the Northwest comer of said Section 16, the Initial point; thence South 890 59' 20" East, along the North line of said Section 16,80 feet to the true point of beginning; thence South 890 59' 20" East, continuing along said North line, a distance of 526 feet to a point; thence South 04 00' East, 246.1 feet to the Northerly line of Lower Bridge Road; thence North 590 55' 55" West along said Northerly line, 89.55 feet to the P.C. of a radius curve left; thence along said radius curve left, the long chord of which bears North 6511 49' 30" West, a distance of 491.85 feet to the point of beginning. Together with the following lots in Terrebonne Estates Phase 1B, filed February 4, 2003 under County Survey No. 15251, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Lot 39 Lot 53 Together with the following lots in Angus Acres, Phase 1, filed July 20, 2005 under County Survey No. 16505, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Lot 12 Lot 39 Lot 35 Lot 41 Lot 37 Lot 42 Lot 38 Lot 44 Together with the following lots in Angus Acres, Phase 2, filed April 20, 2006 under County Survey No. 16865, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Lot 49 Lot 55 Lot 53 Lot 58 Lot 54 Lot 60 Together with the following lot in Angus Acres, Phase 3, filed December 5, 2006 under County Survey No. 17127, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Lot 80 Together with the following lots in Red Rock Estates, October 17, 2006 under County Survey No. 17079, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Lot 1 Lot 4 Lot 5 Lot 6 Together with the following addresses and their accompanying deed legal descriptions: Situs address: 7965 N Hwy 97 A parcel of land lying and being in the Northeast portion of the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section 21, Township 14 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon, more particularly described and bounded as follows: Starting at the North one -quarter corner of said Section 21, the initial point; thence North 890 47' West along the North line of said Section 21, 123.00 feet to the Point of Beginning; thence South 00 43` West 210.85 feet; thence North 890 24' West 312.81 feet; thence North 00 40' East 208.73 feet to the North line of said Section 21; thence South 890 47' East along the North line of said Section 21, 313.00 feet to the Point of Beginning. Situs Address: 7697 N Hwy 97 DESCHUTES COUNTY PLANNING FILE 247-21-00002 1 -LL RESULTING TRACT `A' A PARCEL OF LAND BEING A PORTION OF PARCELS I AND 2 OF PARTITION PLAT NO. 2016-02, ACCORDING TO THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY, OREGON AND LOCATED IN THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER (NEI/4 NW V4) OF SECTION 21, TOWNSHIP 14 SOUTH, RANGE 13 EAST OF THE WILLAMETTE MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL I OF PARTITION PLAT NO. 2016.02, ACCORDING TO THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY, OREGON; THENCE N89°52' 10"W - 5.00 FEET ALONG THE SOUTH BOUNDARY LINE OF PARCEL 2 OF SAID PARTITION PLAT NO. 2016-02 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N89°52'10"W -66.54 FEET ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL 2; THENCE CONTINUING N89°52'10"W-467.40 FEET ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL 2; THENCE CONTINUING N89052'10"W -29.95 FEET ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL 2 TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE N00° I T17"W - 440.28 FEET ALONG THE WEST BOUNDARY LINE OF SAID PARCEL 2 TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE S89°52'08"E - 1146.25 FEET ALONG THE NORTH BOUNDARY LINE OF SAID PARCEL 2 TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE S00°07'52"W - 60.00 FEET ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 2 TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE N36°44'20"W -41.94 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE S83°38'23"W - 151.83 FEET; THENCE SO i ° 1 1 '2I "E - 6.99 FEET; THENCE S49005'00" W - 28.77 FEET; THENCE S 14° 14' 16"W - 60.22 FEET; THENCE S02001'39"W -62.06 FEET; THENCE N84°15'55"W -43.55 FEET; THENCE CONTINUING N84°15'55"W - 318.04 FEET; THENCE CONTINUING N84115'55"W - 5.68 FEET; THENCE SOO°00'00"W - 10.93 FEET; THENCE CONTINUING S00°00'00"W - 275.28 FEET TO TRUE POINT OF BEGINNING. 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SZ'Z81 3..t;R"3EAON - AO'B1Z 3,mil.00N (o31YOYn) 133?IlS Hl£t G 8 HM PA W WC�^ea ?22cq x ogWog x �' A CY%QYg2 WN�0f3 O O U 8?=W8q=?j� S��cWcnn W OiWo0i0 W�Cw � �bO�oO� SSOON 3 W �o��ozJ1�, oruN I I 1 CN ix O o Z� N rcN O° rn� W�� S w4N rc00 it - rcz as 3 DESCHTES COUNTY NRNCYUBLMKENSHIP,COUNTY CLERK DS 37-1319 REVIE D I t i j w 0 III (IIIII� IIIIII IIIIIIIIIII�II IIIIII��IIII ICI NO FEE LEGAL OUNSEL 53 17Z200700125760110138 03/01/2447 02;58;23 PM D-V Cni,■1 Slns2 JS This is a no fee document. For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order vacating a portion of "F" Avenue between 2"d and 3`d Streets ORDER NO. 2007-015 located in Terrebonne in Deschutes County, Oregon, WHEREAS, proceedings for vacating a portion of "F" Avenue between 2"d and 3`d Streets located in Terrebonne in Deschutes County, Oregon, were initiated by a petition filed by owners of property abutting said road and trails pursuant to ORS 368.341(1) (c); and WHEREAS, said petition meets the requirements of ORS 368.341(3); and WHEREAS, said petition contains the acknowledged signatures of owners of 100 percent of property abutting the property proposed to be vacated and indicates said owners' approval of said vacation; and WHEREAS, as requested by the Board of County Commissioners pursuant to ORS 368.346(1), the County Road Official has prepared and filed with the Board a written report pertaining to the vacation; and WHEREAS, said report contains the County Road Official's assessment that the proposed vacation is in the public interest; and WHEREAS, the Board of County Commissioners finds that the proposed vacation is in the public interest; now, therefore THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1 That the petition filed by the owners of 100 percent of the property abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this reference incorporated herein, is hereby accepted and approved. Section 2. That the County Road Official's written report, attached as Exhibit "B" and by this reference incorporated herein, is hereby accepted and approved. Page 1 of 2 — ORDER NO. 2007-015 Section 3. That the property, described in Exhibit "C" attached hereto and by this reference incorporated herein, is hereby vacated. Section 4. That the property, vacated in Section 3 herein shall vest in the owner of the land abutting the vacated property by extension of the person's abutting property boundaries to the north boundary of the vacated property. Section 5. That the Deschutes County Surveyor is directed to mark the plat as provided in ORS 271.230. Section 6. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be filed with the Deschutes County Surveyor and County Assessor. DATED this leday of ►,tNW431111 Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, C NTY, OREGON /41,// 01 4, IC AEL M: DAL:' hCHAIR T. R. LUKE, VICV CHAIR MISSIONER Before me, a Notary Public, personally appeared, MICHAEL M. DALY, D -R. WE -and TAMMY BANEY the above -named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 2007. Y�"(a N TA Y UB IC FOR QMGON My Commission Expires: jrlo Page 2 of 2 — ORDER NO. 2007-015 OFFICIAL SEA +,L ELIZA13ETIIOJA ' NOTARY PUBLIC-oREQON MY COMMISS ON EXPIRES 3 p 008 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: Located in Deschutes Deschutes County. Reason for road vacation request: 'y-,,46 DATED this ,,_-day of NAME STATE OF OREGON ss. County of l , " w t5 ) ADDRESS CITY STATE ZIP On this 1�1-1 day of. D?c:e.m bZ r in the year 20oV, before me, a Notary Public, personally appeared (?r 1&) i 1/ ! S ,� `6 , o 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. WIT E S m and and official seal f ALSEAL NotaryPublic for Oregon. #my SLAKE HENSLEY My Commission expires: /� o0 NOTARY PUBLIC- OREGON COMMISSION NO,372004 COMMISSION EXPIRES AUG 27 2007 Exhibit "A" Page 1 of 3 Road Vacation Summary - Page 4 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: )C' 5meai-r-- F�ro„w 2&J-0 54atk6— f Located in - 7XI&IS0 N Nlk , Deschutes County. Reason for road vacation request: 4 I S hid a y Yo / 12 t &,�tx LAs #Aw &ea C9 -ZAA - 1 C C(' V &/ riPivirues 6n�f Cloo 441464Nl. DATED this Zq day of NAME ADDRESS CITY STATE ZIP l �t "S� cv .:s '� ©ice I_ `-c� ? (99- STATE OF OREGON � County of � ) ss. On this LQ day of in, the year 2QQ(-Q before me, a Notary Public, personally appeared kiln a�) � W 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. mrd iil el CiFFICIAL SEAL NotaryPublic for Oregon. M POVEY NOTARY PUBLIC- OREGON My Commission expires:o? a aurl COMMISSION NO.A389966 MY COMMISSION EXPIRES FEB 24 2009 Exhibit "A" Page 2 of 3 Road Vacation Summary— Page 4 r-, STATE OF OREGON ss. County of DC(' A l es )' On this (-Q_ day of 0r--V k)c r , in the year 20 M before me, a Notary Public, personally appeared LD—LL C 1,,. WVyjI W personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names is ark s r' trument, an acknowledged that he she, they) executed it. OFFICIAL SEAL LESLIE M POVEY lttaO! �an� rt ff' ' i s NOTARY PUBLIC- OREGON COMMISSION NO.A389966 Notary Public for Oregon. MY COMMISSION EXPIRES FES 24 2002 My Commission expires: STATE OF OREGON 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 STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:. On this day of in the year 20before 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 ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE ADDRESS TELEPHONE: Exhibit "A" Page 3 of 3 Road Vacation summary — Page 5 L .� Road Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 ENGINEER'S REPORT TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: February 13, 2007 SUBJECT: Vacation of a portion of F Ave in Terrebonne, Oregon This report is made pursuant to ORS 368.351, concerning the vacation of property without a public hearing. A county governing body may make a determination about a vacation of property without a public hearing if: (1) The county road official files with the county governing body a written report that contains the county road official's assessment that any vacation of public property is in the public interest; and (2) The proceedings for a vacation were initiated by a petition that contains acknowledged signatures of 100 percent of the property owners abutting any public property to be vacated. Background: The Road Department was contacted by property owners Orlie Williams and John Harrison concerning the vacation of a portion of F Ave in Terrebonne, Oregon. Because of the rim rock, there is no possibility of a road ever being constructed in this location. Mr. Williams has a structure located within the current right-of-way and would like to vacate a portion of the right-of-way to allow his building to remain in its current location. Mr. Harrison agreed to the vacation to allow him to get more usable property since a majority of his property is located within the rim area. When the vacation was originally proposed, the parties wanted to vacate the entire 60 feet but in discussions with Terrebonne Water Company, it was discovered that there is a water line in the north half of the right-of-way so they opposed the vacation unless it was scaled down to delete the portion where they are located. The property owners and the Road Department agreed that this was a good solution and the vacation was allowed to proceed. Discussion: The Road Department mailed out notices to all interested parties and also utilities serving the area to determine if there was any interest in maintaining a utility easement. The following are the utilities notified and their response to the vacation EXHIBIT "B" PAGE 1 OF 3 Quality Services Performed with Pride Cascade Natural Gas: No Response Central Electric Co-op: No Response Central Oregon Irrigation District: No Response Pacific Power: In the original application where the entire 60 feet was proposed to be vacated, Pacific Power requested an easement be retained for their facilities. After the vacation was revised to leave the northerly 25 feet as public right-of-way, Pacific Power did not request an easement and did not have any comments on the second utility comment submittal. PGT: No Response Qwest Communications: In the original application where the entire 60 feet was proposed to be vacated, Qwest requested an easement be retained for their facilities. After the vacation was revised to leave the northerly 25 feet as public right-of-way, Qwest did not request an easement and did not have any comments on the second utility comment submittal. Terrebonne Domestic Water District: Response from Doug McLaughlin, Manager, "The Terrebonne Domestic Water District has a pipeline in the north 25' of "F" Avenue but we have no facilities in the southern 35' portion." Redmond Fire Department: Response dated 1/10/07 from J. Meyer, "No Comments". Deschutes County Community Development Department: Response from Kevin Harrison, Principal Planner, CDD, "Looks ok to us. Topographically, this road doesn't appear to be warranted or possible." Mark Amberg, County Legal Counsel: No Response Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department makes the following findings: 1. The Road Department has verified that a petition under ORS 368.341 has initiated proceedings for this vacation and contains the acknowledged signatures of the owners of 100 percent of the property abutting the proposed vacation. 2. The portion of right-of-way being vacated is no longer needed for public roadway purposes 3. A utility easement does not have to be retained on the right-of-way being vacated. 4. The vacation will allow the applicants to better utilize their property. EXHIBIT "B" PAGE 2OF3 Recommendation; It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right-of-ways to the tax roles and allows the property owners to better utilize their properties. The Road Department recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2007-015 subject to the following conditions: 1. The vacated property shall vest according to Section 4, Order no. 2007-015 2. A utility easement does not have to be retained on the vacated property EXHIBIT "B" PAGE 3OF3 POVEY & ASSOCIATES --LAND SURVEYORS \ REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1652 and 2039 PARTNERSHIP I.D. #93 0738184 P.O. BOX 131 •OFFICE 338 S.W. 7th • REDMOND, OREGON 977548-6778 Fax (541) 548-0478 EXHIBIT "C" Description ORLIE WILLIAMS located in the "Plat of Hillman" (Terrebonne, Oregon), a subdivision in West 1/2 of Section 16, T.14S.,R.13E.,W.M. 35-FOOT WIDE "F" AVENUE VACATION Description of a tract of land situate in the "Plat -of Hillman", a subdivision located in the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) and the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 16, Township 14 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Commencing at a 1/2" rebar monumenting the Southeast corner of Lot 11, Block 1, John and Pauline Forster's Replat of Hillman, the Initial Point; thence S1800615711E along the prolongation of the East line of said Lot 11 - 26.31 feet to the North line of the South 35 feet of "F" Avenue and to the true POINT OF BEGINNING; thence S1800615711E along the prolongation of the East line of said Lot 11 - 36.83 feet to the North line of Block 24, Plat of Hillman, from which a 1/2" rebar monumenting the Northeast corner of said Block 24 bears S8905812911E - 32.59 feet, thence N8905812911W along the North line of said block - approximately 167.41 feet to the NW cornerr of Lot 16 of said Block 24; thence N0000113111E normal to said North line - 35.00 feet; thence S89058'29"E - approximately 155.95 feet to the POINT OF BEGINNING; The same containing approximately 0.13 land acres (5659 square feet). PAGE 1 DESCRIPTION G:05-356\LEGAL-35.WPS REGISTERED PROFESSIONAL AND SURVEYOR 7�- 1�B/,Zo�d L R41G9T8ERT R. POVEY 1652 F Ave Vacation MAJESTIC ROCK DR Al F� O,Q Portion of F Ave to be vacated. F AVE F AVE H U) F- to H 0 z N F AV E AVE Locator Map ICE AVE Location of Vacation 0 F- c� - WI COX AVE H rn � rn CIDEMAVE 97 y 0 100 200 400 600 800 Feet Legend V January 5, 2007 Taxiots ® Area to Vacate µ P Deschutes County Road Department crN�re B John Anderson, GIS Specialist t� Phone. (541)322JI02 CjLOL� ® Email.johna@co deschutes.or.us .- Address: GI 1505E 27M St Bend, OR 97702 The information on this map was derived from digital databases on Deschutes Countys G.I.S. Care was taken in the creation of this map, but d is provided "as is". Deschutes County cannot accept any responsibility for errors, orrissions, or positional accuracy in the digital data or the underlying records. There are no warranties, express or implied, including thewarranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated. P:WrcGIS_Projects\Vacations\F Ave PROPOSED F AVENUE VACATION FOR: ORLIE WILLIAMS SITUATE IN THE PLAT OF HILLMAN (TERREBONNE) LOCATED IN THE WEST 112 OF SECTION 16, T 14S., R.13E., W.M. DESCHUTES COUNTY, OREGON BLK. 1, JOHN & PAULINE FORSTER'S REPLAT OF HILUAAN TL 223 S89'58'29"E - 154.07' PR 58.07' N-, BRINK 96.00' BLK. 13 of CANYO RIM 36� ' z 74.00' 25.00" 60 N89'S8'29"W REg� TL 400 74 - - 13 20 BLOCK 24 32, 59, TOWNSITE OF HILLMAN w w------------------------ All 2 A VENUE Eg�R �f2R 60' BLK. 31 F-- Lu Ld CIO C ® PROPOSED -F- AVENUE VACATION TO TL 400 N ® PROPOSED "F" AVENUE VACATION TO TL 401 DESCHUTES COUNTY ROAD DEPT. POVEY AND ASSOC., LAND SURVEYORS P.O. BOX 131, REDMOND, OR 97756 (541) 546-5775 05-356V.DWG DATE SCALE: l "= 60' REGISTERED PROFESSIONAL LAND SURVEYOR %L /S( /�- ORE ON JULY 14, 1978 RDBERT R. POVEY 1652 Renewal Date: 12/31 /06 N 1 I(5-HELD) SCALE: 1" = 100' I 5127108 cs I Cl [rorAl] / 3 @9 N 14J720" E 4.4I" C '. (5-HELD) FD MON TO CALCULAiEO 9 STA. 1304+84.1 EC [SEE DETAIL OF OUITCLAIM (5)] l08 N 7• W f00.01' N 7522'40" W I00.00' (5) �e 100.00' (1) `V l _FOD e y,h 2 S 8950'47" E I 22.04' S 89'53'35" £ I Jt 122.02' (2,J) I IN- / PP NO. 2004-98 n [BLOCK 1661 I o ///zVACA 7E0 PERRDER No. 2002-f00 9'S374" W 22761' 6'57- W 227.56' (2J) ACATED PERR N.. 2002-100 Baxter Land Su C4 E 208,01' 9.02 (4) 1 E (I) -- -___- 208.09' (5) ® -N CORNER 1l /2' ' D A IRONR00 BOUNDARY SURVEY FLUDASH W/I70A0 PER (4, 5) FOR 78 7 RON 112- DIA ROD PER l(4,5) GARY CRONEN & IIARYL CROYMV BLOC" 167, 170, 171, 17R, 17S AND TART PORTION I OF VACATED E AVENUE AB✓OINING TAERETO g" TOFTiVSITE OF MLLAC" E I LOCATED M TBE SE 1/4 NB f/4 AND NE >/I ST1/4 ' 9 I SECTION 16, T. 14 S., R. 1.9 d, FT.Ar W BE.S'CBUTES COUNTY; OREGON 1 _ S 69'5315- E (ZJ)_ _ I S 89'48'17' E 229.68' 5 69'5J'35- E 229.55' (2,3) JO'i 2J0.00' (1) QI 5 89'54'S6' E I 59.S 89'SJ'35" E 60.00- 00' (2,J) I 60.00' (1) «I 3 $w wg w I ; $ BLOCK 174 81gry8 g�8 22 N 8957'40" W 59.93' N 895657* W 60.00' (2,J) 60.00, (7) N 89'53'07" W 129.71' 1 N 69117" W 229.67' (2,J) / 2.50.00• (1) JO' CEN7RAL AVENUE ly E W y� y� 114 CORNER 5/8" OIA IRON ROD W/ ALUM COLLAR PER 12,J, 5) SURVEYORS NARRA71VE THE PURPOSE OF THIS SURVEY WAS TO SET BLOCK CORNERS FOR BLOCKS 167, 170 171, 172, 173 AND THAT PORTION OF VACATED "E" AVENUE ADJOINING SAID BLOCK 173, PLAT OF HILLMAN. SAID BLOCKS DESCRIBED IN VOLUME 331, PAGE 2043, DESCHUTES COUNTY OFFICIAL RECORDS. THE VACATION OF A PORTION OF SAID AVENUE IS PER ORDER No. 2003, PAGE 071, DESCHUTES COUNTY RECORDS. CONTROLS FOR THIS SURVEY WERE DIMENSIONS PER RECORD SURVEY No. 1 AND MONUMENTS OF RECORD FOUND AND HELD, AS SHOWN. NO ORIGINAL MONUMENTS WERE FOUND FOR SAID BLOCK CORNERS AND RECORD SURVEY No. 1 SHOWS SAID BLOCKS TO BE THE SAME DIMENSION NORTH -SOUTH, WITH THE LAST LOT IN BLOCK 170 TAKING THE ODD DIMENSION AS IT CLOSES ON THE EAST -WEST ONE -SIXTEENTH SECTION LINE. THEREFORE, MONUMENTS FOUND FOR THE BLOCK CORNERS OF BLOCKS 166 AND 174, SET FOR RECORD SURVEY No.'s 2 AND 3, WERE HELD TO ESTABLISH THE LINES FOR BLOCKS 167 AND 173. A JDOO-FOOT OFFSET WESTERLY OF THE EAST LINE OF SECTION 16, BETWEEN THE N 1116 CORNER AND THE EAST ONE -QUARTER CORNER, WAS HELD TO ESTABLISH THE EAST LINES FOR BLOCKS 170-172. THE EAST - WEST LINES OF BLOCKS 170-172 WERE HELD PARALLEL TO THE NORTH LINE OF BLOCK 174, EXCEPT WHERE SHOWN THE RAILROAD RIGHT OF WAY AND THE EASTERLY LINE OF THE "QUITCLAIM TRACT" WERE BASED ON FOUND MONUMENTS AND DIMENSIONS PER RECORD SURVEY No. 5. THE BASIS OF BEARINGS FOR THIS SURVEY WAS A PORTION OF THE EAST LINE OF SECTION 16, PER RECORD SURVEY No. 5, AS MEASURED BETWEEN MONUMENTS SHOWN. N07E THE DESCHUTES COUNTY ASSESSOR'S OFFICE HAS CREATED TAX LOT 14-13-16AD NO.'S 97 AND 99, AND TAX LOT 14-iJ-160A No. 99 DUE TO THE FACT THAT THE PHYSICAL LOCAT70N OF THE CENTERLINE OF THE BNSF RR DOES NOT MATCH THE LOCATION OF SAID CENTERLINE AS SHOWN ON THE PLAT OF HILLMAN. SAID PLAT SHOWS NO TIES TO CENTER LINE OR RIGHT OF WAY AND THEREFORE SCALED DISTANCES WERE USED BY THE ASSESSOR'S OFFICE TO DETERMINE THE LINES FOR SAID TAX LOTS AS SHOWN ON ASSESSORS MAPS 14-1J-16AD AND 14-13-16DA (SEE NARRATIVE FOR CS16193, DESCHUTES COUNTY SURVEYOR'S OFFICE RECORDS). THE LINES SHOWN ON THIS SURVEY FOR SAID TAX LOTS WERE BASED ON APPROXIMATE DIMENSIONS PER SAID ASSESSORS MAPS AND ARE FOR GRAPHIC PURPOSES ONLY. BAXTER SURVEYING HAS MONUMENTED THE EXISTING RIGHT OF WAY OF THE BNSF RR FOR BLOCKS 170, 171 AND 172 AND HELD MONUMENTS PER RECORD SURVEY No.'s 2, 3 AND 5 FOR THE EASTERLY LINES OF TAX LOT 14-iJ-16AO No. 600 AND TAX LOT 14-13-16DA No. 1000 AND IN DOING SO HAS FOLLOWED THE SAME PROCEDURE AS PREWOUS SURVEYS IN THIS AREA (SEE NARRATIVE FOR RECORD No. 5) AND BELIEVES THAT THE INTENT OF THE PLAT OF HILLMAN WAS TO HAVE BLOCKS AND RR RIGHT OF WAY AND DEPOT GROUNDS SHARE A COMMON BOUNDARY, WITH NO GAP RESULTING. THE ASSESSOR'S OFFICE LISTS THE OWNERSHIP OF SAID TAX LOTS 97 AND 99 W77H THE CROOK COUNTY INVESTMENT CO. WHICH IS AND HAS BEEN FOR DECADES A DEFUNCT OREGON CORPORATION. THE CLIENT FOR THIS SURVEY HAS BEEN INFORMED OF THE SITUATION AND THAT SOME SORT OF LEGAL ACTION WILL PROBABLY BE REQUIRED TO REC77FY THIS PROBLEM. RECORD SURVEYS 1. PLAT OF HILLMAN, FILED 11121/1909, C507529 2. RECORD OF SURVEY, BY P. MANLEY, DATED 7124102, CS15044 J. RECORD OF SURVEY, BY P. MANLEY, DATED 3/07/03, CS15303 4. PAR 7777ON PLAT 2004-35, BY W. BAHRKE, DATED 2104104, C515860 5. BOUNDARY SURVEY FOR ROB JACKSON AND TIM BROWN, BY W. BAHRKE, DATED 7128105, CS16531 LEGEND ►� ONE -QUARTER SECTION CORNER FOUND AS DESCRIBED • MONUMENT FOUND AS DESCRIBED 0 FOUND 518" DIA IRON ROD WITH YELLOW PLAS77C CAP MARKED "HWA", SET FOR RECORD SURVEY No.'s 2 & J O FOUND 3/4" DIA IRON PIPE WITH YELLOW PLASTIC CAP MARKED "POVEY & ASSOC, SET FOR RECORD SURVEY No.'s 4 & 5 o SET 5/8" DIA IRON ROD WITH A YELLOW PLASTIC CAP MARKED 'BAXTER SURVEYING" ® SET MAG NAIL WITH ALUM WASHER STAMPED "BAXTER LS 2041" WC WITNESS CORNER: SET 5/8" DIA IRON ROD WITH A YELLOW PLASTIC CAP MARKED "BAXTER SURVEYING" AS SHOWN (1-5) BEARING AND/OR DISTANCE,' OR MONUMENTATION PER RECORD SURVEYS CURVE TABLE NO. DELTA RADIUS LENGTH CHORD CHORD BEARING Cl 07'4708' 5829.65 792.14 791.53 N 10'4350 £ C1 5 07'4 006 5829.65 792.10 791.49 N 10'43 47 E Cl 1 5829.65 810.00 C2 00'0555 5829.65 10. 03 10.03 N 14 34 J5 E C3 003629 5829.65 61.84 67.84 N 74'1324 E C4 04'0 556 5829.65 408.57 408.49 N 1154'41 E CS 00'35 51 5829.65 60.82 60. 82 N 09'36'I7 E C6 02 27 57 5829.65 250.8E 250.86 N 08"04'2J E Suite C-9 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 29, 199 TIM K. CHAPMAN 2477 EXPIRES 12/31/09 J CS17799 I E S �-o TO: Deschutes County Board of Commissioners FROM: Will Groves, Planning Manager DATE: February 26, 2025 SUBJECT: Land Use Compatibility for Annexation, Lot(s) Described Herein -Terrebonne Sanitary District The materials contained in the resolution propose to annex lands to the Terrebonne Sanitary District, as described in the attached proposal. There are no county planning or zoning obstacles to the proposed annexation. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd �v1ES CO MEETING DATE: March 19, 2025 SUBJECT: Public Hearing to Consider an Order Approving the Annexation of Parcels into the Terrebonne Sanitary District RECOMMENDED ACTION: Convene public hearing; receive testimony; close public hearing and Approve Order No. 2025-007, an Order Approving the Annexation of Parcels within the Terrebonne Unincorporated Community Boundary into the Terrebonne Sanitary District. BACKGROUND AND POLICY IMPLICATIONS: The Terrebonne Sanitary District, formed in 2023, provides sewer services to properties within the district boundaries. The District adopted Resolution No. 2024-003 to initiate annexation of multiple parcels into the District. ORS Chp. 198 allows that the Board of Commissioners may take action on the Resolution, and in doing so, approve the annexations. County staff has verified that there are no planning or zoning prohibitions. BUDGET IMPACTS: None ATTENDANCE: District Representatives County Legal