2001-873-Order No. 2001-117 Recorded 12/6/2001REVIEWED
LEGA UNSEL
COUNTY OFFICIALMARYHSUE SPENHOLLON, COUNTYRCLERKS Q 2001.873
COMMISSIONERS' JOURNAL 12/06/2001 08:11:41 AM
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 a portion of a road in the SE '/4,
NW '/4 and the NE '/4, SW '/a of Section 16, Township 18 South,
Range 13 East of the Willamette Meridian in Deschutes County,
Oregon, setting a date for a public hearing, and providing for
public notice of said hearing.
ORDER NO. 2001 —117
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2001-087 dated on November 28, 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 road in the SE 1/4, NW'/4 and the NE'/, SW'/ of Section 16, Township 18 South, Range 13 East
of the Willamette Meridian in Deschutes County, Oregon Exhibit "A", attached hereto and by this
reference incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, January 9, 2002, 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. 2001-117
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 368.33��Ovmlw�46,,(and 368.401 to 368.426.
DATED this 0a%day of, 2001.
ATTEST:
1
l
Recording Secretary
2 - ORDER NO. 2001-117
BOARD OF COUNTY COMMISSIONERS
OF DESCHU S, COUNTY, REGON
TOM DE F, CHAIR
NNIS R. LUKE, COMMIWNER
A
COMMZSIONER
60,
TO
FROM:
DATE
Engineer's Report
Board of County Commissioners
14
017m; =din gy - ice, +6`_- 1
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
George Kolb, County Engineer, Deschutes County Road Department
November 7, 2001
SUBJECT: Vacation of a road right-of-way in SE 1/4, NW 1/4 and NE '/4, SW '/4 of
Section 16, Township 18 South, Range 13 East, located west of Groff
Road.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
T)iarrncainn
Deschutes County received a petition signed by Helene and John Ogden, Michael and Jill
Blume and Cynthia and Bruce Vernarecci to vacate a road right-of-way located on their
respective properties. These property owners reside on the north and south side of the
right-of-way to be vacated.
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. All properties that border this
right-of-way have public right-of-way access to Superior Court, Supreme Court, Groff
Road or Jennings Road. There are no above ground utilities located in the right-of-way.
The applicant's have requested the vacation of this right-of-way because it is not needed
for the public transportation system and they would like it removed from their property.
A portion of the right-of-way located on property owned by Jean Kelly (181316000070 1)
was quitclaimed by Deschutes County back to Mrs. Kelly in 1999.
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Avion Water: No response
Central Electric Co-op: No response.
Central Oregon Irrigation District: No response
EXHIBIT "A"
PAGE 1 OF 3
Quality Services orfornied .vith Pridc
Pacific Power: No response
Pacific Gas and Transmission: No response
Qwest Communications: Response dated 11/12/01 — "Qwest Corporation has utilities
located along the West side of Groff Road in the ROW as well as a pedestal at the
intersection of Groff Road & Bacchus Lane. The Pedestal, I am told by our engineer, is
on the West side of Groff Road. It is imperative that our easement be retained, as it
provides service to that entire area. Our service also continues across Bacchus Lane to
the East."
Bend Fire Department: No response.
Deschutes County Community Development: No response.
Findinlls•
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 on the following partition
plats:
■ P.P. 1991-14
■ P.P. 1991-15
■ P.P. 1993-02
2. Based on the response from the utility companies, a utility easement does need to be
reserved.
3. This right-of-way was never constructed and opened for traffic and is not needed for
public transportation purposes.
4. The petitioners were not originally aware that the right-of-way existed and wish to
remove it from their property.
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. 2001-117 subject to the
following conditions:
1. A reservation of a utility easement shall be be retained.
EXHIBIT "A"
PAGE 2OF3
2. No opposition to the vacation is reported to the County prior to or during the
public hearing.
3. The vacated property shall vest in the rightful owner holding title according to
law pursuant to ORS 368.366 (1)(c).
EXHIBIT "A"
PAGE 3OF3
EXHIBIT "B"
Vacation of a Road in the SE '/4 NW '/a and the NE '/a SW '/a of Section 16
Township 18 South, Range 13 East
Three parcels of land lying in the SE 1/ NW '/ and the NE '/ SW 1/ of Section
16, Township 18 South, Range 13 East of the Willamette Meridian, Deschutes
County, Oregon and being more particularly described as follows:
Parcel 1
All of that 25 foot wide road along the north boundary of Parcel 2 of Partition Plat
number 1991-14 (MP -90-46) filed in Partition Plat Cabinet 1 Page 94 of the
Deschutes County Clerk's Office.
Parcel 2
All of that 25 foot wide road along the north boundary of Parcel 2 of Partition Plat
number 1991-15 (MP -90-51) filed in Partition Plat Cabinet 1 Page 95 of the
Deschutes County Clerk's Office.
Parcel 3
All of that 30 foot wide road along the south boundary of Parcel 3 of Partition Plat
number 1993-2 (MJP-91-4) filed in Partition Plat Cabinet 1 Page 252 of the
Deschutes County Clerk's Office.
All three parcels being 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.
REGISTERED
PROFESSIONAL
.AND S URVEYOF
r
JULY 26, 1989
MICHAEL J. BERRY
RENEWAL DATE:
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 JANUARY 9, 2002, 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.
NOTICE TO MORTGAGEE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOH RF('FivF THIR nlnTlrP IT AAI ICT DDnAADTI V RC CnDU1nDnCn Ti
In response to a petition by landowners, Deschutes County initiated the vacation of a road
in the SE 1/4, NW '/ and the NE 1/4, SW '/4 of Section 16, Township 18 South, Range 13 East of the
Willamette Meridian in Deschutes County, Oregon 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 — December 20 2001 and December 30, 2001
POSTED: December 20, 2001
MAILED: December 10, 2001
