1993-45718-Resolution No. 93-111 Recorded 12/16/1993REVIEWED
93-45'718
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO L, WNWN
A Resolution Accepting a Petition to
Vacate all of that Alley in Block 31 of
LaPine between First Street and Second
Street as platted on the Plat of LaPine,
located in Deschutes County, Oregon,
Declaring the Deschutes County Board of
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0128-1117
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*
Commissioner's intent to Vacate Said
Road, Describing the Property Proposed
to be Vacated, the Reasons for the *,
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Vacation, and Referring the Petition to
the Engineer for a Report.
RESOLUTION NO. 93-111
WHEREAS, LaPine Park and Recreation petitioned the Board of CountX
Commissioners of Deschutes County, Oregon, to vacate all of that Alley in BIbc"i of
LaPine between First Street and Second Street as plated on the Plat of LaPine, located 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 all of that Alley in Block 31 of LaPine between First Street and
Second Street as plated on the Plat of LaPine, 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 Engineer shall file an Engineer's 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 i5 day of 1993.
1993.
ATTEST:
Recording Secretary
1 - RESOLUTION NO. 93-111
BOARD OF (COUNTY COMMISSIONERS
OF DESCH TES COUNTY, OREGON
0128-1118
EXHIBIT "A"
All of the Alley in Block 31 of LaPine between First Street
and Second Street as plated on the Plat of LaPine,
Deschutes County, Oregon (Deschutes County Surveyors
Office Survey number CS07934).
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(503) 388-6581 • FAX (503) 388-2719
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: December 10, 1993
SUBJECT: Engineer's Report relating to the vacation of the alley in Block 31, LaPine.
Back round:
The Department of Public Works received a petition from the LaPine Park and
Recreation District requesting the vacation of the alley lying in Block 31 of LaPine
between First Street and Second Street.
The LaPine Park and Recreation District is proposing to construct a new
multi-purpose building on this site in the approximate location of the "old white"
school building. Building setbacks necessitate locating the new building over the
platted alley right-of-way, thus requiring this requested vacation.
The Park and Rec District has also requested that the $500.00 vacation processing fee
be waived due to budgetary constraints.
The Department of Public Works mailed preliminary notices of the proposed vacation
to the local utility companies, Bureau of Land Management, Deschutes County
Community Development Department, Deschutes County Property Management
Specialist, Deschutes County Library, and the LaPine Rural Fire Protection District.
Based on preliminary responses, and the Department's research of the proposed
vacation, we have prepared the following report:
Property proposed for vacation has been dedicated to the public and accepted by
the County as a public road right-of-way. This portion of right-of-way is vacant
land and has never been used for roadway purposes.
2. This alley abuts County property (County Library site). The existing library
building encroaches within the subject alley. The alley also contains a sewer
line between the library and a septic tank on Park and Rec. property.
01.28-1121
Engineer's Report
Page 2
3. There appear to be no other utilities lying within this alley.
4. The alley does not provide access to any properties other than the Park and Rec.
District and the county Library. Both of the affected properties have sufficient
access via frontage on improved County roads (1st St., Morson St., and 2nd
St.).
5. The underlying ownership of the dedicated property lies with the abutting
property owner. Vesting of the vacated right-of-way would normally be split
down the center of the alley with half going to each of the abutting properties.
Recommendation:
Approval of this vacation is recommended, contingent upon resolving the
encroachment issues with the library building and septic system.
The Department proposes a resolution of these issues by working out an agreement
with Park and Rec with regard to the vesting of the vacated right-of-way, and specify
this vesting in the vacation order. Further, the Department will work to acquire an
easement for the County library septic facilities which encroach on Park and Rec
property. In discussing this with the Park and Rec Chairman, Stacey Sly, it appears
that we will be able to resolve these issues prior to presenting the vacation order to
the Board for signature.
The Department also recommends waiving the $500.00 processing fee for this
vacation.
Tom Blust
Public Works
61150 S.E. 27th St.
Bend, OR 97701
Dear Mr. Blust
9 E C LIP � V E D
DESCHUTES CO. ROAD DEPT.
x'128-1122
LaPine Park & Rec is trying to construct a new multi-purpose
building on the land that was the old white school, tax lot 5800.
Our plans are for a building a 95'X 155' gym, located approximately
where the old school building set.
When we went to the county for a plot plan, we discovered an alley
dividing the park grounds in half. Do to set backs on the streets
and alley there is no room to build this size building or a pool if
our tax measure passes.
The LaPine Park & Rec would like to request that the alley be
vacated so that we can build down & across the tax lot.
LoPine Park & Rec would also like to request that the $500.00 fee
for doing a vacate be waived. We only have the insurance
settlement to build with and no other money is available.
Thank you,
U 5
Lynda Gold
Secretary
55355 Rj Vt*_VI4,w 0k_
1d3vot . Apt. 4 7'131
W. Stacey Sly
Chairman