2001-874-Resolution No. 2001-087 Recorded 12/6/2001REVIEWED
LECOUNSEL
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS Q 2001'871
COMMISSIONERS' JOURNAL 12/06/200108:11:42 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a road in the SE 114,
NW % and the NE 1/4, SW 1/4 of Section 16, Township 18
South, Range 13 East of the Willamette Meridian located
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. 2001-087
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for
vacation of a public road known as a road in the SE '/4, NW '/ and the NE '/4, SW '/a of Section 16, Township
18 South, Range 13 East of the Willamette Meridian 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 a road in the SE '/4, NW '/a and the NE '/, SW '/4 of Section 16, Township 1.8 South, Range 13 East of
the Willamette Meridian in Deschutes County, Oregon 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 da of y �� V , 2001.
ATTEST:
Recording Secretary
1 - RESOLUTION NO. 2001-087
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES C NTY, OREGON
TOM DE F, CHAIR
DEriNNIS R. LUK�—,COIIMMISSIONER
MI'CH'AEL M. CrALY
MMISSIONER
EXHIBIT "A"
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 '/4 NW '/4 and the NE '/ SW '/ 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 SURVEYOR
r
JULY 26, 1939
MICHAEL J. BERRY
0
RENEWAL DATE: 12/31/ i
YjtAir�:l': `ti (6�;77T:CI 't. t1...'1f1
777r.�
Vacation West of Groff Road
500 0 500 1000
The infomlation on this map was derived from digital databases on
Deschutes Countys G.I.S. Care wastaken in the creation ofthis
map, but it is provided °as is'. Deschutes County cannot accept any
responsibility far errors, omissions, or positional accuracy in the digital
data or the underlying records. There are nowarranties, express or
implied, inducing thewarranty of. mdrantabifdy or fdness for a
particular purpose, accompanying this product. However, notification
of ary errors will be appreciated.
DESCHUTES COUNTY
ROBED DEPARTMENT
GIS DIVISION
John Anderson, GIS Specialist
Phos: t541130&8501, emnd: jshuspdsschums.mg
81150 S.E. 27th St, �nQ (SI.87702
Roads
Road Department
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61150 S.E. 27th St., Bend, OR 97702
(541) 3BB-6581 • FAX (541) 388-2719
Engineer's Report
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department 6;µw—
DATE: November 7, 2001
SUBJECT: Vacation of a road right-of-way in SE 1/4, NW '/4 and NE %4, SW 1/4 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.
Discussion:
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
Quality Services Performed with Pride
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.
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 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.
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).