2001-844-Resolution No. 2001-077 Recorded 11/8/2001REVIEWED
LEG UNSEL
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS IBJ �QO�'8�4
COMMISSIONERS' JOURNAL
11/08/2001 11;13.15 AM
For Recording Stamp only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of portions of "A"
Avenue between 16th Street and Smith Rock Way located
in the plat of Hillman (Terrebonne) in Deschutes County,
Oregon, Describing the Property Proposed to be Vacated,
the Reasons for the Vacation, and requesting that the
County Road Official file a Report.
RESOLUTION NO. 2001-077
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for
vacation of a public road known as portions of "A" Avenue between 16th Street and Smith Rock Way located in
the plat of Hillman (Terrebonne) in Deschutes County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest to
consider such vacation; 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
vacate portions of "A" Avenue between 16th Street and Smith Rock Way located in the plat of Hillman
(Terrebonne) described in Exhibit "A", attached hereto and by this reference incorporated herein, because it
appears the road is no longer needed for public use, and will not be needed in the future.
Section 2. That the County Road Official shall file a Report with the Board of Commissioners,
describing the ownership and uses of property to be vacated, and whether the vacation would be in the public
interest, within fourteen (14) days of the date of this Resolution.
DATED this day of r�� Uy , , 2001.
ATTEST:
x
Recording Secretary
1 - RESOLUTION NO. 2001-077
BOARD OF COUNTY CO MISSIONERS
OF DESCHUTESCOUAT�, OREGON
TOM D ALF, CHAIR
r- &,��k,c -le� � e
OTNNIS R. LUKE, tO-MMISSIONER
MI HAEL M. DALY, CO MISSIONER
EXHIBIT "A"
Vacation of Portions of "A" Avenue Between 16th Street and
Smith Rock Way in the Plat of Hillman (Terrebonne)
Two portions of "A" Avenue lying in the SE'/ SE'/ of Section 16, Township 14
South, Range 13 East, Willamette Meridian, as shown on the official plat of
Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office
of the County Clerk, Deschutes County, Oregon, being more particularly
described as follows:
Parcel 1
That portion of "A" Avenue lying between the west right of way line of 17th Street
as shown on said plat of Hillman and the easterly line of that parcel of land
conveyed to the Crook County Investment Company by the Oregon Trunk
Railway in that quitclaim deed filed on April 4th, 1911 in Volume 24 Page 392 of
the Crook County, Oregon, Deeds (and subsequently transcribed in Volume 9,
Page 289 of the Deschutes County, Oregon, Deed Records), said quitclaimed
parcel also being designated as tax lot "99" on the August 2"d, 2001 revision of
Deschutes County Assessor's map "14 13 16DD".
SUBJECT TO the reservation of a utilities easement in and upon the
northerly 30 feet of the property; for the purposes of continuing,
constructing, installing, maintaining, repairing, reconstructing, replacing,
enlarging and altering; pipes, lines, structures, casings supports,
equipment, facilities and appurtenances; at the present and in the future;
necessary or convenient; to Terrebonne Water District forever.
Parcel 2
That portion of "A" Avenue lying east of the east right of way line of the 17th
Street as shown on said plat of Hillman and westerly of a line parallel to and
50.00 feet westerly of the centerline of Smith Rock Road (now "Smith Rock
Way") as shown on the Oregon State Highway Department drawing 613-32-7.
PROFESSIONAL
.AND SURVEYOF
JULY 2
MICHAEL
RENEWAL DATE: 12/31/01
I)A'I'A`.Ear't.)kZL)WJt3WA(..;;ilE\A-A e1-11-13-1(A.A)(hiliman-BI...K. 14 5 -116 -16U -161)-I I.doc
Fuesda}, October 23, 200
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Vacation of a Portion of "A" Avenue
Terrebonne
Location of Vacation
200 0 200 400 Feet
FA Portions to be Vacated
Other Roads
County Road
Railroad
Taxlots Printed: October 23, 2001
The Inrormadon on this map was da"d from digdal deffibases on
Deschutes County's G.I.S. Care was taken in the creallon ofthis
map, but it is prwitled -as is'. Deschutes Canty cannot accept any
responsibility for ertors, or issions, or positional accuracy in the digital
data orthe underlying nacards. There are nowarrardies, mrpress or
N implied, inducing the warrenty of merchersatulity or fitness, for a
particular purpose, exornpanying Ws product. Hcn r, notification
of any errors vAll be eppredated.
U DESCHUTES COUNTY
4 ROAD DEPARTMENT
GIS DIVISION
John Anderton, CIS Speckan
Phone:1541) 388fi501, email: iohoaCidost14emsms
01150 S.E. 27114St. Boob OR, 07702
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Parcel 1 to vest
All of Parcel 2
According to
to vest with Taxlot
ORS 368.366(1)(d)
141316DD00404
Terrebonne
Location of Vacation
200 0 200 400 Feet
FA Portions to be Vacated
Other Roads
County Road
Railroad
Taxlots Printed: October 23, 2001
The Inrormadon on this map was da"d from digdal deffibases on
Deschutes County's G.I.S. Care was taken in the creallon ofthis
map, but it is prwitled -as is'. Deschutes Canty cannot accept any
responsibility for ertors, or issions, or positional accuracy in the digital
data orthe underlying nacards. There are nowarrardies, mrpress or
N implied, inducing the warrenty of merchersatulity or fitness, for a
particular purpose, exornpanying Ws product. Hcn r, notification
of any errors vAll be eppredated.
U DESCHUTES COUNTY
4 ROAD DEPARTMENT
GIS DIVISION
John Anderton, CIS Speckan
Phone:1541) 388fi501, email: iohoaCidost14emsms
01150 S.E. 27114St. Boob OR, 07702
F11
TES
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.� Road Department
61150 S.E. 27th St., Bend, OR 97702
Engineer's Report (541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department 64tz--
DATE: October 29, 2001
SUBJECT: Vacation of portions of "A" Avenue between 16th Street and Smith Rock
Way (Terrebonne)
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Discussion:
Deschutes County received a petition signed by Margaret Young, Barbara and Robert
Swartwood and Rita Hitson to have the portion of "A" Avenue between 16th Street and
Smith Rock Way vacated. These property owners reside on the north and south side of
the right-of-way to be vacated. There is a parcel to the west that abuts the right-of-way to
be vacated, 141316DD00099, that indicates ownership by the Crook County Investment
Co. Assessors' records indicate "No address on record" for the Crook County Investment
Co. Notification of Crook County Investment Co. was discussed with Rick Isham,
County Legal Counsel on September 12, 2001. It was decided that we need to mail
notification to the address shown on the Assessors' information thereby satisfying ORS
368.406 (5) requirement for notification.
There are no roadway improvements located in this right-of-way and it has never been
open to traffic as far as we have been able to determine. I made a field trip out to the site
to determine if the portion of "A" Avenue that abuts Smith Rock Way east of 17th Street
would ever be used for access, replacing the existing access at 17th Street. I determined
that the location did not have adequate sight distance back towards the railroad tracks and
therefore Deschutes County has no need for the right-of-way for future transportation
purposes.
The applicant's have requested the vacation of this right-of-way because they were
unaware that the right-of-way existed and there are fences and other improvements
constructed on the right-of-way. Margaret Young owns both parcels bisected by the
right-of-way east of 17th Street and the vacation would allow her to consolidate her
property. Margaret requested that the entire portion of the vacated right-of-way shown as
Quality Services Performed with Pride
Parcel 2 on Exhibit "1" vest with tax lot 141316DD00404 located to the south. ORS
368.366 (2) states "Notwithstanding subsection (1) of this section, a county governing
body may determine the vesting of property vacated under ORS 368.326 to 368.366 in the
order or resolution that vacates the property. " Based on this information, the Road
Department recommends that Parcel 2, as shown on Exhibit "1" vest entirely with tax lot
141316DD00404 and Parcel 1, as shown on Exhibit "1" vest with the abutting property
owners according to law pursuant to ORS 368.366 (1)(d).
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Terrebonne Water Company: Terrebonne Water Company responded by fax on
September 26, 2001 and had the following comment: "The Terrebonne Water District
needs to reserve an easement to maintain existing pipelines in the northern %2 of parcel 1,
see map for approximate location of our facilities." Based on this information, we will
retain a utility easement on the north half of the right-of-way between parcel
141316DD00099 and 17th Street.
Pacific Power and Light: No response.
Central Electric Co-op: No response.
Qwest Communications: No response.
Pacific Gas and Transmission: No response.
Redmond Fire Department: No response.
Deschutes County Property Management: No response.
Deschutes County Community Development: No response.
Deschutes County Legal Counsel: No response
Burlington Northern Santa Fe Railroad: Notification of the vacation was sent
9/27/2001 to Rebecca Schwan at Staubach Global Services who is responsible for
property management for Burlington Northern Santa Fe Railroad. No response has been
received to date.
Findings:
Based upon preliminary responses, and the Department's research of the proposed
vacation, the Road Department makes the following findings:
1. The right-of-way proposed for vacation was dedicated for road purposes on the
official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in
the office of the County Clerk, Deschutes County, Oregon
2. Based on information provided by Terrebonne Water Company, a utility easement
does need to be reserved on the north half of the right-of-way between parcel
141316DD00099 and 17th Street.
3. This portion of "A" Avenue was never constructed and open for traffic.
4. The petitioners were not originally aware that the right-of-way for this alley existed.
5. The petitioners wish to consolidate their property and not have it bisected by a public
road right-of-way.
6. None of the adjoining property owned by the petitioners uses this right-of-way for
access.
7. The intersection of "A" Avenue with Smith Rock Way is not suitable for use as an
intersection based on lack of site distance back towards the railroad tracks.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public
interest. This property is not needed for roadway purposes and will not be needed in the
future. The Road Department recommends that the Board approve the vacation of this
public right-of-way as described in the attached Order No. 2001-094 subject to the
following conditions:
1. A reservation of a utility easement shall be retained on the north half of the right-
of-way between parcel 141316DD00099 and 17th Street for existing utility
facilities.
2. No opposition to the vacation is reported to the County prior to or during the
public hearing.
3. The Road Department recommends that Parcel 2, as shown on Exhibit "1" vest
entirely with tax lot 141316DD00404 and Parcel 1, as shown on Exhibit "1" vest
with the abutting property owners according to law pursuant to ORS 368.366
(1)(d).
Vacation of a Portion of "A" Avenue
Terrebonne
Location of Vacation
200 0 200 400 Feet
IM Portions to be Vacated Exhibit 1
Other Roads
County Road
Railroad
Taxiots Printed: October 23, 2001
The infortrmdon on this map was derived fiom dgtal dombases on
Descwte. County. G.I.S. Cara was taken In the creation ofthts
mmp, but a is provided "as la". Deschutes County cannot accept any
responsibility for errors, orrissions, or posiaoral accuracy in the dgatl
deft or the un*riying records. There are nowarra Iles, mtpress or
N implied, indudmg the warranty of merchardaidity or fitness for a
particular purpose, acconnpanybhg ttds product. However, rrod8cadon
of any arras wi8 be appreciated.
DI:SCHU ES COUNTY
ROAD DEPARTMENT
OLS DIVISION
John Amnon. CIS SseciaUst
More: (541) 386-6581, om.d: teMs@Id cI m.nrp
61150 &E. 27th St. Bosd OR 97782
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Parcel 1 to vest
All of Parcel 2 ��-
According to
to vest with Taxiot
ORS 368.366(1)(d)
141316DD00404
Terrebonne
Location of Vacation
200 0 200 400 Feet
IM Portions to be Vacated Exhibit 1
Other Roads
County Road
Railroad
Taxiots Printed: October 23, 2001
The infortrmdon on this map was derived fiom dgtal dombases on
Descwte. County. G.I.S. Cara was taken In the creation ofthts
mmp, but a is provided "as la". Deschutes County cannot accept any
responsibility for errors, orrissions, or posiaoral accuracy in the dgatl
deft or the un*riying records. There are nowarra Iles, mtpress or
N implied, indudmg the warranty of merchardaidity or fitness for a
particular purpose, acconnpanybhg ttds product. However, rrod8cadon
of any arras wi8 be appreciated.
DI:SCHU ES COUNTY
ROAD DEPARTMENT
OLS DIVISION
John Amnon. CIS SseciaUst
More: (541) 386-6581, om.d: teMs@Id cI m.nrp
61150 &E. 27th St. Bosd OR 97782