2025-167-Order No. 2025-013 Recorded 6/9/2025Recorded in Deschutes County CJ2025-167
REVIEWED Steve Dennison, County Clerk
Commissioners' Journal 06/09/2025 1 1 :11 :40 AM
LEGAL COUNSEL �, E �� _ II I I I II II IIII II i I II Ii III! II I ICI
2025-167
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of NW Helmholtz
Way in Deschutes County, Oregon
ORDER NO. 2025-013
WHEREAS, proceedings for vacating the public right of way for a portion of NW Helmholtz
Way, 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 said portion of NW Helmholtz Way filing a petition, attached
hereto as Exhibit "C" and by this reference incorporated herein; and
WHEREAS, said petition contains the acknowledged signatures of owners of one hundred
percent of property abutting said portion of the right of way for NW Helmholtz Way and indicates said
owners' approval of vacation; and
WHEREAS, the County Engineer, on behalf of the County Road Official, has prepared and
filed with the Board of County Commissioners a written report, attached hereto as Exhibit "D" 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 Exhibit "A" and
depicted in the attached Exhibit "B" is in the public interest.
Section 2. That the property described in the attached Exhibit "A" and depicted in the
attached Exhibit "B" 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 this Order shall be recorded in the Official Records with the Deschutes
County Clerk, and that copies shall be filed with the Deschutes County Surveyor and Deschutes
County Assessor.
Page 1 of 2 — ORDER NO. 2025-013
Dated this I day of , 2025
ATTEST:
-1� I
Recording Secretary
Page 2 of 2 — ORDER NO. 2025-013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANT NY DEBONE, Chair
PATTI ADAIR, Vice Chai
PHIL CHANG, Co issioner
EXHIBIT "A"
ROAD VACATION
A portion of the South One -Half of the Northwest One -Quarter of the Southeast One -Quarter (S
1/2 NW 1/4 SE 1/4) of Section Seven (7), Township Fifteen (15) South, Range Thirteen (13)
East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as
follows:
Beginning at the Northwest corner of Parcel 2 of Partition Plat 1991-70,
Deschutes County, Oregon, said point being the TRUE POINT OF BEGINNING,
thence along the West line of said Parcel 2, South 00°36'15" West 668.24 feet, to
the Southwest corner of said Parcel 2; thence leaving said West line and along the
South line of said Parcel 2 North 89°41'45" West 19.48 feet; thence leaving said
South line North 06°30'00" West 69.05 feet; thence North 07°30'00" West 85.02
feet to a point on the North -South Center section line of said Section 7; thence
along said North -South Center section line of said Section 7 North 0096'l5" East
426.65 feet; thence leaving said North -South Center section line along an arc of a
688.79 foot radius curve to the left 91.46 feet, the chord of which bears North
14°08'55" East 91.40 feet to a point on the North line of said Parcel 2; thence
along said North line South 89°50'55" East 18.60 feet to the TRUE POINT OF
BEGINNING.
Containing 24,010 square feet, more or less.
EXHIBIT "B"
ROAD VACATION MAP
LOCATED IN THE SOUTH ONE-HALF OF THE NORTHWEST ONE -QUARTER
OF SOUTHEAST ONE -QUARTER OF SECTION 7, TOWNSHIP 15 SOUTH,
RANGE 13 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
CURVE I RADIUS I LENGTH I CHORD I CHORD BEARING DELTA
C1 688.79 91.46 91.40 N14'08'55'E 7'36 30
i
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PARCEL 1 OF PP 1991-70
• , L4 [TAX LOT 15-13-07-1000]
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Found 3 4" Iron Pi es
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"A"per
w/"POVEY & ASSOC." Caps
//ICE
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TRUE POINT OF BEGINNING
EXHIBIT
PP 2009-27
/
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Northwest corner of Parcel 2
of Partition Plat 1991-70
Held Rock Nail
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PARCEL 2 OF PP 1991-70
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[TAX LOT 15-13-07-1002]
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(Volume 2014, Page 3822)
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ROAD VACATION
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dedicated in Partition Plot
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1991-70 filed 10/31 /1991
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(24,010 S.F. to be vacated)
1 — 100'
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w/' EY & AS'
per PP 2009-27
Edge of
1 1 1 Y> V N
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Cap 11` 40.00'
,
As —built Centerline
Found 3/4" Iron Pipes
w/"POVEY & ASSOC." Caps
per PP 2009-27
Found 5/8" Iron Rods
w/"SCE&S" Caps
LINE
BEARING
DISTANCE
L1
N89'41 45 W
19.48
L2
N06'30'00 W
69.05
L3
N07'30 00 W
85.02'
L4
S89'50'55'E
18.60
LEGEND
I
Found monument as noted
1 1%0�y
t;
ky
REGISTERED
PR OFESSIONAL
Southwest corner of Parcel 2
of Partition Plat 1991-70
Held 5/8" Iron Rod
w/"HWA" Cap
JANUARY 9, 2007
KEVIN JAMES BLAKLEY
� 69432
RENEWABLE 12-31-2025
EXHIBIT "C"
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: Please see attachments #1 'Road Vacation Map' and #2 'Road
Vacation'
Located in Redmond , Deschutes County.
Reason for road vacation request: Extend property, line to eliminate dangerous public pull-out area.
DATED this day of AA&2L )6 , 20 J Z
PRINT NAME SIGMA U ADDRESS CITY STATE ZIP
Natascha Atias 5090 NW Hemlock Ave. Redmond OR, 97755
l 77
STATE OF OREGON )
ss.
County of� )
O t isM�j
ay of/:'i17r�IL/` in the year 20,, before me, a Notary Public, personally appeared
R �� zz� personally known to me (or proved to
me on the basis of satisfactory evidence) to be the perso (s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) xe teed it.
�/ SS y rid officia{ s al
0OFFICIAL STAMP Notary Public for Oregon. ,
KIMBERLYANN MCCANNA My Commission expires.
NOTARY PUBLIC-OREGON
t;OMMISSION NO.1032069
14V MUMINON EXPIRES JANUARY 03, 2027
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 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
Notary Public for Oregon.
My Commission expires:
STATE OF OREGON
ss.
County o c ° .� )
On thi 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 sat sfactory evidence) to be the person0 4 whose nameA is(cW subscribed to this
instrument, and acknowledged that he (.sbe, +hto executed it.
ITNE my hqInd ar i official seal
OFFICIAL STAMP
QJCATHERINE L SPENCER otary Public for Oregon.
NOTARY PUBLIC-OREGON My Commission expires:
` COMMISSION NO.1039799
MY COMMISSION EXPIRES AUGUST 28, 2021
I CERTIFY THAT THIS IS THE TRUE AND ORIGIN ETIJ40N CIRCULATED I3Y ME.
IGNAT RE
ADDRESS
TELEPHONE:
EXHIBIT "D"
1/ ►I•CT►i 1/
TO: Board of County Commissioners
FROM: Cody Smith, County Engineer/Assistant Road Department Director
DATE: May 27, 2025
SUBJECT: Road Official's Report
Vacation of a Portion of NW Helmholtz Way in Section 7, Township 15S, Range 13E, W.M.
Background:
The Deschutes County Road Department has received a petition to vacate a portion of the public road right-
of-way of NW Helmholtz Way within Section 7, Township 15S, Range 13E, W.M. The chief petitioner, Randy
Kruse, is the signatory of Kruse Family Development Company LLC, the owner of Tax Lot 1002 on Assessor's
Map 15-13-07, which encompasses all underlying property to the subject right-of-way.
The subject right-of-way varies in width from 18.6 feet to 40 feet and extends approximately 686 feet in length.
The subject right-of-way was originally dedicated to the public through Partition Plat 1991-70 for "Helmholtz
Street," now NW Helmholtz Way but is not coincidental with the improved, as -travelled roadway for NW
Helmholtz Way. Additional right-of-way was dedicated through Partition Plat 2009-27 to fully encompass the
existing improved roadway, following the road's centerline, and varying in width from 30 feet to 91.18 feet.
The subject right-of-way is bisected by the petitioner's paved driveway approach. The portion of the subject
right-of-way north of the paved driveway approach is undeveloped, while the portion of the subject right-of-
way south of the paved driveway approach functions as a gravel pullout area. Overhead power utilities owned
by Pacific Power exist within portions of the right-of-way, with TDS Broadband fiber optic lines occupying the
referenced poles. No roadway improvements exist within the subject right-of-way.
The petitioners provided the following reasons for the proposed vacation:
Extend property line to eliminate dangerous public pull-out area.
In conversations with Road Department staff, the chief petitioner has indicated that overnight parking, illicit
activities, and other public misuse of the subject right-of-way is frequently occuring and that the proposed
vacation will allow for the the chief petitioner to prevent said misuse.
Page 1 of 4
lulffinin,
Figure — Location Map - Proposed Vacation Area (NTS)
Road Department staff will not address the petitioners' claims regarding public misuse of the subject right-of-
way, as staff was unable to verify them. However, Road Department staff note that the pullout in the southerly
portion of the subject right-of-way is situated in a natural depression that collects and retains water, leading
to the tracking of mud and aggregate onto NW Helmholtz Way following rain or snow events. Additionally, the
Page 2 of 4
road's geometry and surrounding topography at this location significantly reduce sight distance to an
unacceptable level. These conditions create safety and operational concerns that make continued use of the
pullout unsafe for users of NW Helmholtz Way. Road Department staff have determined that the most
effective solution to address these issues is to vacate the subject right-of-way, which would allow for
landscaping and management of the underlying property by the adjacent property owner. Further, Road
Department staff note that the subject right-of-way is not coincidental with the improved, as -travelled
roadway for NW Helmholtz Way and is not necessary for operations or other public road appurtenance.
The Petitioners submitted completed service provider consent forms from those providers serving within or
adjacent to the proposed vacation area; those service providers and their responses are listed below:
• Pacific Power
o Representative: Samuel Adams, Operations Manager
o Service provider does not have existing facilities within the area proposed for vacation
o Service provider consents to the proposed vacation
• Central Electric Cooperative
o Representative: Parneli Perkins, Lands Specialist
o Service provider does have existing facilities within the area proposed for vacation
o Service provider consents to the proposed vacation, a signed easement has been provided to
service provider by the petitioner
• TDS Telecommunications
o Representative: NA
o Service provider was unresponsive after multiple attempts from the petitioner to contact the
utility provider.
o The Pacific Power representative informed the petitioner that TDS typically utilizes the pole
owner's easement and does not require a separate easement of its own
• Central Oregon Irrigation District
o Representative: Baxter Davies, Operations Manager
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 proposed vacation area was dedicated to the public by plat declaration with Partition Plat 1991-70
(ORS 368.326).
• No owners of a recorded property right would potentially be deprived of access necessary for the exercise
of that property right with the proposed vacation (ORS 368.331).
Page 3 of 4
• The Petitioners, who represent the owners of more than sixty (60) percent of property abutting the subject
right of way, have submitted complete petitions and submitted the required fee (ORS 368.341(1)(c); ORS
368.341(3); ORS 368.341(4); ORS368.351).
• As the petition for vacation includes acknowledged signatures of owners of 100 percent of property
abutting the proposed vacation area, the vacation proceedings are not subject to a public hearing (ORS
368.351).
• The subject right of way does not appear to be necessary 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 with adoption of Order No. 2025-013 subject to a condition that 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.
Page 4 of 4
�uT E S CO
< i A BOARD OF
COMMISSIONERS
MEETING DATE: June 4, 2025
SUBJECT: Approval of Order No. 2025-013 vacating a portion of NW Helmholtz Way
RECOMMENDED MOTION:
Move approval of Order No. 2025-013 vacating a portion of NW Helmholtz Way.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County Road Department has received a petition to vacate a portion of the
public road right-of-way of NW Helmholtz Way within Section 7, Township 15S, Range 13E,
W.M. The chief petitioner, Randy Kruse, is the signatory of Kruse Family Development
Company LLC, the owner of Tax Lot 1002 on Assessor's Map 15-13-07, which encompasses
all underlying property associated with the subject right-of-way.
As the petition for vacation includes acknowledged signatures of owners of 100 percent of
property abutting the subject right-of-way, the vacation proceedings are not subject to a
public hearing.
Based on the findings given in the Road Official's Report (attached as Exhibit D to proposed
Order No. 2025-015), Road Department staff recommend that the Board of County
Commissioners approve the proposed vacation. Adoption of Order No. 2025-013 will
vacate the portion of NW Helmholtz Way described in the order, vesting the subject
property with the rightful owners holding title according to law pursuant to ORS
368.3660)(c).
BUDGET IMPACTS:
None
ATTENDANCE:
Cody Smith, County Engineer/Assistant Road Department Director