2001-845-Order No. 2001-094 Recorded 11/8/2001COUNTY OFFICIAL
MARY HSUESPENHOLLOW, COUNTYRCLERKS
xE ED COMMISSIONERS' JOURNAL 11/08/200111:13:47 AM
LE UNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the County Road Official's Report
on the vacation of portions of "A" Avenue between 16th Street and
Smith Rock Way located in the plat of Hillman (Terrebonne)
Subdivision, Deschutes County, Oregon, setting a date for a public
hearing, and providing for public notice of said hearing.
ORDER NO. 2001 — 094
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated
the vacation by Resolution Number 2001-077 dated on November 7, 2001; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County,
Oregon, the County Road Official has submitted a report on the proposed vacation pursuant to
ORS 368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road
known as "A" Avenue between 16th Street and Smith Rock Way located in the plat of Hillman
(Terrebonne), Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, December 19, 2001, at 10:00 a.m. at the Deschutes
County, Deschutes County Commissioner's Hearings Room, Administration Building, 1130 NW
Harriman, Bend, Oregon 97701, the Board will hold a hearing to determine whether vacation of
the subject property, described in Exhibit "B", attached hereto and by this reference
incorporated herein, is in the public interest.
1 - ORDER NO. 2001-094
Section 3. Notice of said hearing shall be provided by posting and publication in a form
that substantially conforms with Exhibit "C", attached hereto and by this reference incorporated
herein, pursuant to ORS 368.346(3) and 368.401 to 368.426.
DATED this / 'day of jo w 2001.
BOARD OF COUNTY C9MMISSIONERS
OF DESCHUTES, Qr(JI,NVTY, OREGON
9 ��
ATTEST: /w
MMIS R. LUKE, C
Recording Secretary
MICHAEL M. DALY,
2 - ORDER NO. 2001-094
SSIONER
MMISSIONER
✓� SEC
�1 .
EXHIBIT "A"
Engineer's Report
TO: Board of County Commissioners
ri a; : ap arzmant
nd
,i GE3-6 —1 Fl -,X (=,A11 338-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department (4, *V --
DATE: October 29, 2001
SUBJECT: Vacation of portions of "A" Avenue between 16th Street and Smith Rock
Way (Terreboniie)
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.
TI- r -
are no roadway improvements located in this right-of-ofand it has never been
1 11414, i t 5
p to traffic
+nr s sA 1 . V. 1 .." nklI fn rgPtP't In, T made a field trip out to the site
open LV LL U1114 as lUl as �VY4 11UY4 U4411 t1v14 L u41411�utiv. i
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 17 1h
7th Street. I determined
+1.,, tl. 1 +:..._ did + L.,...,. -t +., 1,+ ,7:,.+,....,,.. t..,.,.1, +,.. u7 +L. - 't ,7 tracks .l
that the location. did not Have adequate sight d1JLance Uad. Lowar s Lllc railroad tracks and
therefore Deschutes County has no need for the right-of-way for future transportation
purposes.
iLC L ii�tU1 C -f-way 1-CCa-L:SC they �C L1L s IlavC rCgL=BLCU Lilt; 1tl-e
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 17`' 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
EXHIBIT "A"
Paqe 1 of 4
Parcel 2 on Exhibit "1" vest with tax lot 141316DD00404 located to the south. ORS
368.366 (2) states "Notivithstanding subsection (1) of this section, a county governing
bodv may determine the vesting of property vacated lender ORS 368.326 to 368.366 in the
order or resolution that vacates the proverty. " 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 mater Company: Terrebonne Water Company responded by fax on
September 26, 2001 and had the following comment: "The Terrebomle 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 Eight: 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
DUN i�vrtliern Santa i e iCu11rv'ad: iVvti 1C8t1^vri or ilii VaCuti01'i �VuS selll
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 dace.
Findings:
i s.iscd tinnn .III llial.l.� i4Si 11�i� i,��l_ ilii:_ii:i �;ji l�jl iii .i iysi liji iti i.lj4 niililtjji7ii
vacation, the Road Department malrac the fnllnwing _fi_ndingc;
EXHIBIT "A"
Page 2 of 4
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 Wav 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 racer rr finn of A ntility PacanTPnt shall ha rPtaTnPrlned nn the nnrth half of thethe ri(Ykt-
of-way between parcel 141316DD00099 and 17`h Street for existing utility
facilities.
2. No opposition to the vacation is reported to the County prior to or during the
Dunllc nearing.
3. The Road Department recommends that Parcel 2, as shown on Exhibit "1" vest
e11t11e1Y wllll tax lot 1'+1J16LLVV'+V'+ a11U t'a1t,C1 1, as s11UW11 0ll Li,allll7ll 1 vest
;with the abutting property owners according to law pursuant to ORS 368.366
EXHIBIT "A"
Paqe 3 of 4
Vacation of a Portion of 'WAvenul
Terrebonne
200 0 200 4UU Feet
/////� Portions to be Vacated Exhibit I
Other Roads
County Road
Railroad
Taxlots Printed: October 23, 2001
The information on this map was derived from digital databases on
Deschutes Couatys G.I.S. Care was taken in the creation afthls
map, but It is provided "as is". Deschutes County cannot accept any
Vresponsibility far mors, ontissiorre, or positional accuracy in the digital
SMITH ROCK WAYq N dote or the underlying records. There are nowarrarties, mrpress or
irnplied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. Hwwevar, noti&ation
of any errors will be appreciated.
Location of Vacation DESCHUTES COUNTY
ROAD DEPARTDI f
l f Er1S DIVISION
fq Jahn Andat:un. MS Spa.cWjst
1'Ann,r!:47.3fi�71P�flt. c.mnd in!:naA3NseF,„ce.ara
!"I I'II S . :' Ith :.T_ 1:•n,i, �J!?, ! l i /D!
EXHIBIT "A”
Page 4 of 4
LO
O
N
O
O
(D
O
O
CO
O
�
M
Portions to be Vacated
00
AVE o
A AVE
co
141316DD00404
ti
141316 0 40 Parcel 1
Parcel 2
u. /
1
oc
Parcel 1 to vest
All of Parcel 2
According to
to vest with Taxlot
ORS 368.366(1)(d)
141316DD00404 \
Terrebonne
200 0 200 4UU Feet
/////� Portions to be Vacated Exhibit I
Other Roads
County Road
Railroad
Taxlots Printed: October 23, 2001
The information on this map was derived from digital databases on
Deschutes Couatys G.I.S. Care was taken in the creation afthls
map, but It is provided "as is". Deschutes County cannot accept any
Vresponsibility far mors, ontissiorre, or positional accuracy in the digital
SMITH ROCK WAYq N dote or the underlying records. There are nowarrarties, mrpress or
irnplied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. Hwwevar, noti&ation
of any errors will be appreciated.
Location of Vacation DESCHUTES COUNTY
ROAD DEPARTDI f
l f Er1S DIVISION
fq Jahn Andat:un. MS Spa.cWjst
1'Ann,r!:47.3fi�71P�flt. c.mnd in!:naA3NseF,„ce.ara
!"I I'II S . :' Ith :.T_ 1:•n,i, �J!?, ! l i /D!
EXHIBIT "A”
Page 4 of 4
EXHIBIT "B"
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'/4 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 6B-32-7.
REGISTERED
PROFESSIONAL
JULY 26,OW89
MICHAEL J. BERRY
RENEWAL DATE: 12131/4)
J:`J:),1"I.1`:1�'(;?Ri:)`•.i3JI `•.VAC;171:: 1-:1te1-1.4-I3-Ifit)C){hilln�an-E:ii..K1 )5_I t6-i6U-I60-1,0.doc
I'ue da), October 23, 2001
rujt�
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON DECEMBER 19, 2001, AT 10:00 A.M. IN THE DESCHUTES
COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING,
1130 NW HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD VACATION
PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE
HEARD.
MORTGAGEE. LIENHOLDER. VENDOR OR SELL
THE PURCHASER.
In response to a pe ition by landowners, Deschutes County initiated the vacation of portions
of "A" Avenue between 16t Street and Smith Rock Way located in the plat of Hillman
(Terrebonne) located in Deschutes County be vacated.
NOTE:
SUBJECT TO the reservation of a utilities easement in and upon all of the property; for the
purposes of continuing, constructing, installing, maintaining, repairing, reconstructing, replacing,
enlarging and altering; wires, poles, pipes, lines, structures, casings supports, equipment, facilities
and appurtenances; at the present and in the future; necessary or convenient; to Deschutes
County, a political subdivision of the State of Oregon, its agents, licensees and permittees;
forever.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street, Bend,
Oregon, (541) 388-6581.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TOM DEWOLF, CHAIR
PUBLISHED: Bulletin — November 29, 2001 and December 9, 2001
Redmond Spokesman — November 28, 2001 and December 5, 2001
POSTED: November 29, 2001
MAILED: November 19, 2001