HomeMy WebLinkAboutOrder 001 - Vacate Right of Way - Tumalo RimDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 28, 2015
DATE: January 14,2015
FROM: George Kolb Road Department 322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2015-001, Vacating a Right-of-Way located off of Tumalo
Rim Drive, Dedicated on Volume 268 Page 34 and Volume 268 Page 35 and Located in the Tumalo
Rim Subdivision in Deschutes County, Oregon
PUBLIC HEARING ON THIS DATE? NO. This is a 100% vacation and no public hearing is
required per ORS 368.351.
BACKGROUND AND POLICY IMPLICATIONS:
The Road Department was approached by Scott Baxter concerning the vacation of a strip of land in the
Tumalo Rim Subdivision located off of Tumalo Rim Drive. This strip of land was created on the 1977
Tumalo Rim subdivision plat as a common area with a width of 50 feet. In 1978, the Tumalo Rim
Property Owners Association (TRPOA) dedicated this strip of common area to the public per deed
Volume 268 Page 35. Two additional five (5) foot wide strips were dedicated on the two abutting lots
by the original developers to create a total right -of-way width of 60 feet. It appears the purpose of this
dedication was to provide public access from Tumalo Rim Drive to the lot to the west (tax lot
1711010000700) for future development. In 1992, the lot to the west did a partition, MP-92-62 which
dedicated the right-of-way for Tamoli Lane. This dedication provided public access to tax lot
1711010000700 therefore the right-of-way dedicated by the Property Owners Association and the
original developers was not needed for public right of way purposes.
Mr. Baxter also worked with TRPOA to insure that they were not opposed to either the vacation of the
property or the vesting of the property to the adjoining property owners, Scott and Andrea Baxter to the
south of the right-of-way and Cynthia Harvey to the north of the right-of-way. A Memorandum of
Agreement concerning the vesting of the property was signed by the TRPOA stating they were in favor
of the property vesting to the Baxter's and Cynthia Harvey. Signature of Order No. 2015-001 will
finalize the vacation of the right-of-way
FISCAL IMPLICATIONS:
None. All fees for this vacation process have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Order No. 2015-001
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
Taxmap 171206C
Vacation of Right-of-way in Tumalo Rim Subdivision
Right-of-way to
be Vacated
17-11-01
Vacation
~..._ ....+~
r'lII~_""
L-_---.:L.JI...-_--'-_...1.--III.:.....::~:310..__...........L.___J
o 300 600 900 1,200 Feet
Legend
Vacation Location
-Road Centerlines
Printed: October 15, 2014 D Taxlots o Section Lines
The information on lhis map was derived from dgi181 databases on
Deschutes County's G.I.S. Care was taken in the creation orthis
map, bul it is provided "as is". Deschutes County cannot accept any -•.GlS
responsibility for errors, orrissions, or positional acculllCY in the digital
data or the underlying records. There are no warranties, express or
Implied, incfudng thewarlllnty ormorchantability or fitness for a
particular purpose, accompanying this product. However, notification
or any errors will be appreciated.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Right-of-Way Located *
off of Tumalo Rim Drive, Dedicated on *
Volume 268 Page 34 and Volume 268 Page *
35 and Located in the Tumalo Rim *
Subdivision in Deschutes County, Oregon,
ORDER NO. 2015-001
WHEREAS, proceedings for vacating a right-of-way located off of Tumalo Rim Drive,
dedicated on Volume 268 Page 34 and Volume 268 Page 35 and located in the Tumalo Rim
Subdivision located in Deschutes County, Oregon, were initiated by a petition filed by owners of
property abutting said road and trails pursuant to ORS 368.341(1) (c); and
WHEREAS, said petition meets the requirements of ORS 368.341 (3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100 percent of
property abutting the property proposed to be vacated and indicates said owners' approval of said
vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Road Official has prepared and filed with the Board a written report
pertaining to the vacation; and
WHEREAS, said report contains the County Road Official's assessment that the proposed
vacation is in the public interest; and
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WHEREAS, the Board of County Commissioners finds that the proposed vacation is in the
public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1 That the petition filed by the owners of 1 00 percent of the property abutting
the property proposed for vacation, attached hereto as Exhibit "A" and by this reference
incorporated herein, is hereby accepted and approved.
Section 2. That the County Road Official's written report, attached as Exhibit "B" and by
this reference incorporated herein, is hereby accepted and approved.
Section 3. That the property, described
reference incorporated herein, is hereby vacated.
in Exhibit "C" attached hereto and by this
Page 1 of 2 -ORDER NO. 2015-001
Section 4. That utility easements shall be reserved upon the vacated parcel for existing
utilities per Documents 2015-00295 and Document 2015-00296 for Central Electric Co-op and
Documents 2015-02045 and Document 2015-02046 for Bendbroadband
Section 5. That the property, vacated in Section 3 herein shall vest in the owners of the
land abutting the vacated property by extension of the person's abutting property boundaries to
the center of the vacated property, in accordance with ORS 368.366(1) (d) and as shown on
Exhibit "D" attached hereto and by this reference incorporated herein.
Section 6. That the Deschutes County Surveyor is directed to mark the plat as provided
in ORS 271.230.
Section 7. That this Order shall be recorded with the Deschutes County Clerk, and
copies shall be filed with the Deschutes County Surveyor and County Assessor.
DATED this ___ day of __________, 2015.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST:
ALAN UNGER, VICE CHAIR
Recording Secretary
TAMMY BANEY, COMMISSIONER
STATE OF OREGON )
)SS.
County of Deschutes )
Before me, a Notary Public, personally appeared, TAMMY BANEY, ANTHONY DEBONE,
ALAN UNGER, the above-named Board of County Commissioners of Deschutes County, Oregon,
and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this ___ day of __________, 2015.
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INOTARY PUBLIC FOR OREGON
My Commission Expires: _______ ,f
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rPage 2 of 2 -ORDER NO. 2015-001 r
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Exhibit "A"
1 of 2
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 : A C-l('Hr ~ {.,f -w....y b."'n::D \N 1YMa.lo (L M
~u6Q, Ul~l 0""-!'(\ Se..,..!bo") ,,, 12.0 <0 <!c
,
DATED this I OTt\. day of ---"-=..::::::..:..=W", 20 I L-{Lac-fo =-_____ .
PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP
11; 4d~ 1bJ" IIPj &~j 08 977cJ /
~r~4Xfer &d C1? Wf:)1
,An J rita. '''B d;< -l-eJ tz ;/'II (Jr . B(I\~ ore 9"1-1.-¢ I
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Gil123 "& 1takRim 1/
C~hr\s. C0fl~~~\~, -->,~___
CJ4 Df6"1 "1"'1'1\.110
(,'-{o9S To.VV'oL
STATE OF OREGON
County of U:5c~lJ~-eS ss .
OFFICIAL SEAL
5KYLAR DANE BUSH
NOTARY PUBUC-OREGON
COMMISSION NO. 462439
Notary u regon.
My Com . . n expires:
Page 1 of 2
I
--_~~\--1-----bo!..=..~~:""'-_____________
and ~~~~~_OFFICIAL SEAL
SKYLAR DANE BUSH
NOTARY PUBLIC-OREGON
COMMISSION NO. 462439
Exhibit "A
2of2
STATE OF OREGON
· countYOf ~ ss.
"-;",A-~.>o.<I.!=~-' in the year 2oB, 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
instrume and acknowle that he she, they) executed it.
WITNES
STATE OF OREGOI\J
ss.
County of 7k,~
Notary P lic for Oregon.
My Commission expires: //,.-/;2.-/ 7
STATE OF OREGON
ss.
County of ~~G"'.,.:tp;-.lt.
On this 3rJ day of Oc...to 6e.r ,in the year 20ji, before me, a Notary Public, personally appeared
('><wYS (..00(\ e u\\~ 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
inslLU...rn.ent and acknowledged that he (she, they) executed it.
OFFICIAL SEAL WITNESS my hand and official seal
. .. KURTIS B BOWER ~-Jl.~~:t:::::::k:l~-~--A---------
\", .. / NOTARY PUBUC-OREGON Not Public fOf&eagon . COMMISSION NO. 466600 ..• COHHlSSIOHEXPIRES MARCH 12, 2016 My Commission expires: rt'-C---y'["\A. \'1... L<::I\'-.o
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
5~-
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Page 1 of 2
Road Department
61150 SE 27th St .• Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
Exhibit B
Page I of3
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: January 14,2015
SUBJECT: Vacation of a portion of a right-of-way located off of Tumalo Rim Drive, dedicated on Volume
268 Page 34 and Volume 268 Page 35, and located in the Tumalo Rim Subdivision.
This report is made pursuant to ORS 368.351, concerning the vacation of property without a public hearing. A
county governing body may make a determination about a vacation of property without a public hearing if:
(1) The county road official files with the county governing body a written report that contains the county
road official's assessment that any vacation of public property is in the public interest; and
(2) The proceedings for a vacation were initiated by a petition that contains acknowledged signatures of
100 percent of the property owners abutting any public property to be vacated.
Discussion:
The Road Department was approached by Scott Baxter concerning the vacation of a strip of land in the Tumalo
Rim Subdivision located off of Tumalo Rim Drive. This strip of land was created on the 1977 Tumalo Rim
subdivision as a common area with a width of 50 feet. In 1978, the Tumalo Rim Property Owners Association
(TRPOA) dedicated this strip of common area to the public per deed Volume 268 Page 35. Two additional five
(5) foot wide strips were dedicated on the two abutting lots by the original developers to create a total right-of
way width of 60 feet. It appears the purpose of this dedication was to provide public access from Tumalo Rim
Drive to the lot to the west (tax lot 1711010000700) for future development. In 1992, the lot to the west did a
partition, MP-92-62 which dedicated the right-of-way for Tamoli Lane. This dedication provided public access
to tax lot 1711010000700 therefore the right-of-way dedicated by the Property Owners Association and the
original developers was not needed for public right of way purposes.
Mr. Baxter also worked with TRPOA to insure that they were not opposed to either the vacation of the property
or the vesting of the property to the adjoining property owners, Scott and Andrea Baxter to the south of the right
of-way and Cynthia Harvey to the north of the right-of-way. A Memorandum of Agreement concerning the
vacation of this right-of-way between the adjoining property owners and TRPOA is attached as Exhibit 1, Page 1
of 2 to this Engineers report.
Exhibit B
Page 2 of3
The Road Department mailed out notices to all interested parties and also utilities serving the area to determine if
there was any interest in maintaining a utility easement. The following are the utilities notified and their response
to the vacation:
Arnold Irrigation: No Response
Avion Water: No Response
Bend Broadband: Response from Jeff Liberty, "We currently have facilities in this location and need to
continue to have our facilities here. "
Email from Dave Munsell dated 12/22/2014 states, "1 am sending you this email to let you
know that our requirements have been met for the attached easements and have no further
objections to the vacation ofthe ROW." (See attached Exhibit 2)
0112012015: Easements were recorded for Bendbroadband per documents 2015-02045 and 2015
02046
Cascade Natural Gas: No Response
Central Electric: Response from Pameli Perkins dated 10/23/2014, "CEC has facilities in the area of the
proposed vacation and is requesting an easement be reserved. "
Letter from Pameli Perkins dated 01160612015 states, "Since the recordation of the
attached Central Electric Cooperative Power Line Easements 2015-00295 & 2015-00296;
recorded on 0110512015, Central Electric Cooperative isfavorable to the right-ol-way vacation."
(See attached Exhibit 1, Page 2 of 2)
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
Centurylink: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Tumalo Town District: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, "Doesn't appear
that this right ofway is needed. Recommend approval. "
Deschutes County Legal Counsel: No Response
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department
makes the following findings:
Exhibit B
Page 3 of3
1. The Road Department has verified that a petition under ORS 368.341 has initiated proceedings for this
vacation and contains the acknowledged signatures of the owners of 100 percent of the property abutting
the proposed vacation.
2. The right-of-way proposed for vacation will not be needed for public travel in the future.
3. A utility easement will be retained on the vacated property per documents 2015-00295 & 2015-00296,
recorded 01105/2015 for Central Electric Cooperative and per documents 2015-02045 & 2015-02046,
recorded 01120/2015 for Bendbroadband.
4. The vacation allows the applicants to better utilize their property and cleans up the title to their property.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right
of-way to the tax roles and allows the property owners to better utilize their properties. The Road Department
recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2015-001
subject to the following conditions:
1. The vacated property shall vest in the owners of the land abutting the vacated property by extension of the
person's abutting property boundaries to the center of the vacated property in accordance with ORS
368.366 (l)(d).
2. A utility easement will be retained on the vacated property per documents 2015-00295 & 2015-00296,
recorded 01105/2015 for Central Electric Cooperative and per documents 2015-02045 & 2015-02046,
recorded 0112012015 for Bendbroadband.
3. No opposition to the vacation is reported to the County prior to presentation to the Board of County
Commissioners.
Mem..... .'dum of Agreement (MOA) Exhibit 1
NOTE: This is not a legally binding document Page 1 of2
Parties: Tumalo Rim Property Owners Association (TRPOA) Board of Directors,
Scott and Andrea Baxter, owner of Lot 2, Block 1, Tumalo Rim, Deschutes County, Oregon, also known as 64089
Tumato Rim Drive, Bend, Oregon
Cynthia Harvey, owner of Lot 3, Block 1, Tumalo Rim, Deschutes County, Oregon, also known as 64103 Tumalo
Rim Drive, Bend, Oregon.
The purpose of the MOA is to:
a. express the intent of the parties with regard to the disposition ofa strip of land located between Lots 2 and 3,
Block 1, Tumalo Rim, Deschutes County, Oregon, which is currently dedicated to Deschutes County, Oregon, for
public road purposes. and
b. provide a basis for a fonnal agreement between the parties concerning the disposition of the described land,
with the fonnal agreement to be prepared by legal counsel.
. "
Background: The strip of land between Lots 2 and 3, Block I, Tumalo Rim, is shown as Common Area on the Deschutes
County Plat No. 292, Tumalo Rim, filed April 27. 1977. This 50 foot wide strip of land plus adjoining 5 foot strips from
Lots 2 and 3, Block I, were conveyed and dedicated to Deschutes County, Oregon. for public road purposes on February
16, 1978. Subsequent attempts to rededicate this property involve a long and confusing history, paperwork of which is in a
file maintained by the President for reference. As of August, 2014, the strip remains Deschutes County property.
The parties to this MOA, by the agreements stated below, wish to have this road dedication vacated and the land
involved transferred to the adjacent property owners, Baxter and Harvey, in accordance with county statutes.
Agreements:
I. Baxter and Harvey will make application to have the subject road dedications vacated and bear all costs associated 1 with said vacation process.
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2. The TRPOA Board has agreed to NOT pursue any interest in having the subject land returned to the status ofTRPOA
common property when the vacation process is complete, assuming that during the vacation process this land is NOT
found to be TRPOA property.
1 ~-~~ I Scott Baxter T Andrea Baxter
1
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Helen Whistler, President, TRPOA Board
Date:7J,~~,
Exhibit 1
Page 20f2
CENTRAL ELECTRIC
COOPERATIVE, INC.
January 6,2015
George Kolb, PE
Deschutes County Road Department
6150 SE 27 th Street
Bend Oregon 97702
Dear Mr. Kolb,
I am writing regarding the proposed vacation of a portion of the roads in Tumalo Rim
Subdivision, adjacent to Lot 2 & 3, (Baxter & Harvey).
Since the recordation of the attached Central Electric Cooperative Power Line Easements 2015·
00295 & 2015-00296; recorded on 01/0512015, Central Electric Cooperative is favorable to the
right of way vacation.
If you need any additional infonnation, please feel free to contact me.
PO Box 846' 2098 N. Hwy 97 -Redmond, Oregon 97756-0187
Tel; 541.548.2144' Fax: 541.548.0366
www.cec.coop
Exhibit 2
Page 1 of 4
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF UNNAMED ROAD LOCATED WITHIN THE Wl/2 OF THE SW1/4
OF SECTION 6, T17S, R12E, W.M., DESCHUTES COUNTY, OREGON
LEGEND
EXISTING PROPERTY LINE.
L1 LINE DESIGNATION -REFER TO TABLE.
SCALE 1" -50'C1 CURVE DESIGNATION -REFER TO TABLE. t
LIMITS OF EXISTING EASEMENT PER RECORD
DOCUMENT NOTED. °t·~il2Pt;ii.5P::~"iI..l~ ~. N
LIMITS OF PROPOSED EASEMENT -4951 S.F.
DATE: 12/17/14 ACAD: 1491E:ASf
PRECISION lAND SURVEYING, INC.
P.O. BOX 2062
REDIlOND, OREGON 97758
(541) 548-6092
(541) 923-6673 FAX
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?:°o~-.I <:: .. -.I
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REFER TO EXHIBIT 'B2'.
""'I_.~-20' P.U.E. PER PLAT
I OF TUMAW RIM
I
I ~--40' C.E.C. EASEMENTI PER 228/5J6
I LOT 3, BLOCK t
TUMALO RIM
<50~ ~ 2 r-~~~~~~t:coffi ~ ~~-" ~ I .;;;:::::::::::::::::~~I-~~ I =-___~I <::00 I ~~~ I
II LOT 2, BLOCK 1
I TUMALO RIM
I""_.--40' C.E.C. EASEMENT
I PER 228/5J5
'----+1-20' P.U.E. PER PLAT! OF TUMAlO RIM
REGIS1'ERED
PROFESSIONAL
LAND SURVEYOR
~u...NIL\)~~UM 12/17/14
OREGON
MY II.,M,
.JERRY D. S11CHLER
2527
RENEWS 6/JO/16
CURVE TABLE
DELTA ANGLE ARC LENGTH
0I'OI'J8" 5.02
NUMBER
LtO
Lf1
Lt2
LfJ
L14
us
Lt6
Lt7
Lt8
Lt9
PROPOSED BEND BROADBAND EASEMENT
PORTION OF PROPOSED R/W VACATION (UNNAMED ROAD)
LOCATED IN THE Wl/2 OF THE SWl/4 OF SECTION 6,
T17S, R12E W.M., DESCHUTES COUNTY, OREGON
I
Exhibit 2
Page 2 of4
Precision Land Surveying, Inc.
Professional Land Surveyors
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF THE WI/2 OF THE SWI/4 OF SECfION 6, T17S, RI2E, W.M.
(PORTION OF UNNAMED STREET PER CURRENT TAX MAP)
A STRIP OF LAND WITH VARIABLE WIDTH BEING A PORTION OF COMMON AREA AND A PORTION
OF LOT 2 IN BLOCK I OF TUMALO RIM, ACCORDING TO THE OFFICIAL PLAT THEREOF AS
RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY, OREGON AND LOCATED
IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER (W1I2 SW1I4) OF SECTION 6,
TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY,
OREGON, THE BOUNDARY OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN BLOCK 1 OF TUMALO RIM, ACCORDING TO
THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES
COUNTY, OREGON; THENCE SOO"06'50"W -24.99 FEET ALONG THE WESTERLY BOUNDARY OF
COMMON AREA OF SAID TUMALO RIM AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY
ROAD DEDICATION DEED VOLUME 268, PAGE 35 OF DESCHUTES COUNTY DEED RECORDS TO THE
TRUE POINT OF BEGINNING; THENCE S80007'OO"E -272.52 FEET TO THE EASTERLY BOUNDARY OF
SAID COMMON AREA AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268,
PAGE 35; THENCE SI5°35'15"W -25.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID COMMON
AREA AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268, PAGE 35 TO
THE NORTHEAST CORNER OF LOT 2 IN BLOCK 1 OF SAID TUMALO RIM; THENCE FOLLOWING THE
ARC OF A 280.00 FEET RADIUS CURVE TO THE LEFT A DISTANCE OF 5.02 FEET (THE LONG CHORD
OF WHICH BEARS SW04'26"W -5.02 FEET) ALONG THE EASTERLY BOUNDARY OF SAID LOT 2 TO
THE SOUTHEAST CORNER OF THAT PARCEL OF LAND AS DESCRIBED BY ROAD DEDICATION
DEED VOLUME 268, PAGE 34 OF DESCHUTES COUNTY DEED RECORDS; THENCE NSoo03'44"W
20.14 FEET ALONG THE SOUTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY
SAID VOLUME 268, PAGE 34; THENCE Nl5°35'15"E -5.02 FEET TO THE NORTHERLY BOUNDARY OF
SAID LOT 2; THENCE CONTINUING NI5°35'15"E -9.91 FEET; THENCE NSoo07'00"W -207.76 FEET;
THENCE SOoo06'50"W -9.80 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE
CONTINUING SOoo06'50"W -5.07 FEET TO THE SOUTHERLY BOUNDARY OF THAT PARCEL OF LAND
AS DESCRIBED BY SAID VOLUME 26S, PAGE 34; THENCE NSoo03'44"W -40.60 FEET ALONG THE
SOUTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268, PAGE
34 TO THE WESTERLY BOUNDARY OF SAID LOT 2; THENCE NOoo06'50"E -5.07 FEET ALONG THE
WESTERLY BOUNDARY OF SAID LOT 2 TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE
NOOo06'50"E -24.99 FEET ALONG THE WESTERLY BOUNDARY OF COMMON AREA OF SAID
TUMALO RIM AND ALSO OF THAT PARCEL OF LAND AS DESCRfBED BY SAID VOLUME 268, PAGE
35 TO THE TRUE POINT OF BEGINNING.
STRIP OF LAND CONTAINS 4951 SQUARE FEET SUBJECT TO ALL OTHER EASEMENTS,
RESTRICfIONS, AND RIGHTS-OF-WAY OF RECORD PERTAINING TO THE ABOVE DESCRIBED
LANDS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
""""'~L\) ~~ ~12117114
OREGON
.lULY II. 1.'
JERRY D. STlCHLfR
~7
RENEWS 6/30/16
(541) 548-6092
PO Box 2062 (541) 923-8873 FAX
Redmond, Oregon 97756 plsurveying@gmail.com
Exhibit 2
Page 30f4
PROPOSED BENDBROADBAND EASEMENT
A PORTION OF UNNAMED ROAD LOCATED WITHIN THE Wl/Z OF THE SW1/4
OF SECTION 6, T17S, R1ZE, W.M., DESCHUTES COUNTY, OREGON
LEGEND
[x/STING PROPERlY LINE.
L1 LINE DESIGNATION -REFER TO TABLE.
SCALE 1" -50'LIMITS OF EXISTING EASEMENT PER RECORD t
DOCUMENT NOTED.
LIMITS OF PROPOSED EASEMENT -5012 S.F. °t'~.2t?~il5tP:;~ii..1~ ~. N
REFER TO EXHIBIT 'B1'.
i----+-20' P.U.E. PER PLAT
OF TUMALO RIM
1----40' C.E.C. CASEMENT
PER 228/5J6
I I
I I
I I
I I
I I
I I
LOT 3, BLOCK 1
TUMALO RIM
I I I I LOT 2, BLOCK 1
: I TUMALO RIM : ...1._--40' C.E.C. EASEMENT
I I PER 228/5J5
I I
1-/..0---+1-20' P.U.E. PER PLAT
I ! OF TUMALO RIM
REGIS IEREO
PROFESSIONAL
LAND SURVEYOR
NUMBER
L1
L2
LJ
L4
LS
L6
L7
L8
L9
L10
3{)' /
,
L7 !g:-LB Q
. ~
0) 'iii ~ I;
/~
,
I
liNE TABLE
Jo'
DISTANCE
5.08
40.60
5.07
9.80
9.91
S.OJ
20.10
5.0J
25.00
24.99
RENEWS 6/JO/16
DATI!: 12/17/14 ACAD: 1491fASE
PROPOSED BENDBROADBAND EASEMENT
PORTION OF PROPOSED R/W VACATION (UNNAMED ROAD)
LOCATED IN THE Wl/2 OF THE SWl/4 OF SECTION 6,
T17S, R12E W.M., DESCHUTES COUNTY, OREGON
PRECISION LAND SURVEYING. INC.
P.O. BOX 2062
REDMOND, OREGON 97756
(641) M6-6092
(541) 923-6673 PAX
Exhibit 2
Page 4 of4
Precision Land Surveying, Inc.
Professional Land Surveyors
PROPOSED BEND BROADBAND EASEMENT
A PORTION OF THE W1I2 OF THE SW1I4 OF SECTION 6, Tl7S, RI2E, W.M.
(pORTION OF UNNAMED STREET PER CURRENT TAX MAP)
A STRIP OF LAND WITH VARIABLE WIDTH BEING A PORTION OF COMMON AREA AND A PORTION
OF LOT 3 IN BLOCK 1 OF TUMALO RIM, ACCORDING TO THE OFFICIAL PLAT THEREOF AS
RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES COUNTY, OREGON AND LOCATED
IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER (W1/2 SWI/4) OF SECTION 6,
TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY,
OREGON, THE BOUNDARY OF WHICH BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN BLOCK I OF TUMALO RIM, ACCORDING TO
THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF COUNTY CLERK FOR DESCHUTES
COUNTY, OREGON; THENCE Nooo04'1O"W -5.08 FEET ALONG THE WEST BOUNDARY OF SAID LOT
3 TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND AS DESCRIBED BY ROAD DEDICATION
DEED VOLUME 268, PAGE 34 OF DESCHUTES COUNTY DEED RECORDS; THENCE S8001O'07"E -40.60
FEET ALONG THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY SAID
VOLUME 268, PAGE 34; THENCE SOoo06'50"W -5.07 FEET TO THE SOUTHERLY BOUNDARY OF SAID
LOT 3; THENCE CONTINUING SOoo06'SO"W -9.80 FEET; THENCE S80"07'00"E -215.92 FEET; THENCE
NW3S'IS"E -9.91 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 3; THENCE CONTINUING
NW35'IS"E -5.03 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND AS
DESCRIBED BY SAID VOLUME 268, PAGE 34; THENCE S8001O'07"E -20.10 FEET ALONG THE
NORTHERLY BOUNDARY OF THAT PARCEL OF LAND AS DESCRIBED BY SAID VOLUME 268, PAGE
34 TO THE EASTERLY BOUNDARY OF SAID LOT 3; THENCE SI5°3S'lS"W -5.03 FEET ALONG THE
EASTERLY BOUNDARY OF SAID LOT 3 TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE
S15 Q 35'15"W -25.00 FEET ALONG THE EASTERLY BOUNDARY OF COMMON AREA OF SAID TUMALO
RIM AND ALSO OF THAT PARCEL OF LAND AS DESCRIBED BY ROAD DEDlCA TlON DEED VOLUME
268, PAGE 35 OF DESCHUTES COUNTY DEED RECORDS; THENCE N80007'00''W -272.52 FEET TO THE
WESTERLY BOUNDARY OF SAID COMMON AREA AND ALSO OF THAT PARCEL OF LAND AS
DESCRIBED BY SAID VOLUME 268, PAGE 35; THENCE NOoo06'50"E -24.99 FEET ALONG THE
WESTERLY BOUNDARY OF SAID COMMON AREA AND ALSO OF THAT PARCEL OF LAND AS
DESCRIBED BY SAID VOLUME 268, PAGE 35 TO THE POINT OF BEGINNING.
STRIP OF LAND CONTAINS 5012 SQUARE FEET SUBJECT TO ALL OTHER EASEMENTS,
RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD PERTAINING TO THE ABOVE DESCRIBED
LANDS.
REGISTERED
PROfESSIONAL
LAND SURVEYOR
~~l-.\)..:2£j ~ DUUJ\ 12117/14
OREGON .AlLY a ••,
JERR'I' D. STlCHLER
2527
RENEWS 6/30/16
(541) 548-6092
PO Box 2062 (541) 923-8873 FAX
Redmond, Oregon 97756 plsurveying@gmail.com
IExhibit C f
Vacation of a Right-of-Way off of Tumalo Rim Drive dedicated in f
Volume 268 Page 34 and Volume 268 Page 35, Deed Records, located in the
Tumalo Rim Subdivision in Deschutes County, Oregon, t
~ A sixty foot wide public right-of-way lying between Lots 2 and 3, Block 1 of the official
plat of "Tumalo Rim" in the Southwest Quarter of Section 6, Township 17 South, Range
12 East of the Willamette Meridian, Deschutes County, Oregon and being more
particularly described as follows:
All of the right-of-way dedicating the fifty foot wide Common Area between said lots 2
and 3 as described in that deed recorded February 21, 1978 in Volume 268 Page 35
together with the two five foot wide strips of additional right-of-way width dedicated
across said Lots 2 and 3 as described in that deed recorded February 21, 1978 in
Volume 268 Page 35.
Sketch of Vacation Area
-Not to Scale
!
I
I
<':
J:\DATA\WORD\Legal-Descripitions\vACATE\Tumalo Rim common area road 17-12-06 vacation. doc
10113/2014 11:41 AM MJB
IIExhibit DII
Vesting of Vacated Property
New Property Line per
Section 5, Order 2015-001
17-11-01
Location of
Vacation
~~_~~...j
L-._....:L....L_--l.~.....i..,...JII.:....;:;--::__-Lla.....lJ'--'---J
o 300 600
Printed : January 14, 2015
The infolT1llltion on this map was derived from cI~1 databases on
DeschUIBs County's G.I .S. Care was taken in \he creation orthls
map, but ~ is provided "as is". Deschutes County cannot accept any
rasponsibilily ra BrTtn. onissions. or po.monal aCCIJI1ICY in the digol
datlll or the underlying raccrds. There are no warranties. express CI'
Implied, incllclng the warranty 01 men:hanlabilily CI' fitness for a
particular purpose, accompanying llis procilc\. Howev .... notification
or any ... rtn will be appreciated.
900 1,200 Feet
Legend
L ..., Area being Vacated
--Road Centerlines
D Taxlots ,--,
L _J Section Lines
•
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