1996-45814-Order No. 96-129 Recorded 12/12/199690-45814
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTEI COUNT`(,PREGON
Lei t_, SSL
An Order accepting and approving the Engineer's 0156-0678
8
Report on the vacation of a portion of 19th Street located,
in the Hillman Subdivision, Deschutes County, Oregon,
setting a date for a public hearing, and providing for
public notice of said hearing. :.
ORDER NO. 96-129
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon;` i iatezl the
vacation by Resolution Number 96-146 dated on December 11, 1996; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County,
Oregon, the County Engineer 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 Engineer's Report relating to the vacation of a certain dedicated public
road known as a portion of 19th Street, Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby accepted and hereby approved.
Section 2. That on Wednesday, January 22, 1997, at 10:00 a.m. at the Deschutes County
Juvenile Justice Center, Conference Room "A", 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.
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 I_ day of , 1996.
AT
Recording Secretary
1 - ORDER NO. 96-129
%RD OF COUNTY COMMISSIONERS
DESCH Jl S, C(AUNTY, OREGON
N=A Ca X1R
BARF i. LAUGHTER, tOMMISSIONER
RT L. NIPPER, COMMISSIONER
1/,iCh0Fi,1AER
DEC 2 `� " f
KE Ply HcD
0156-0679
MEMORANDUM
TO: Board of County Commissioners
FROM: Dick Johnson
DATE: December 4, 1996 (Revised December 10, 1996)
SUBJECT: Engineer's Report, Vacation of a portion of 19th Street (Terrebonne)
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of-way.
Background:
Deschutes County reviewed a petition (attached as "Exhibit 1") from George Russell, requesting the vacation of a
public road right-of-way. The requested vacation is for a portion of 19th Street located between Smith Rock Way
and "A" Avenue in the Hillman (Terrebonne) Subdivision. The legal description of the proposed public right-of-
way vacation is attached as "Exhibit 2". Maps showing location, ownership, and zoning are attached as "Exhibit 3".
The petitioner, George Russell, owns the abutting property on both sides of the proposed road vacation. The
partitioner is requesting this vacation because he feels the road right-of-way would never be needed for public
access; Deschutes County would benefit by getting this land on his property taxes and would give him added land
for his personal use.
Discussion:
The proposed vacation lies within the Hillman (Terrebonne) Subdivision just east of the Burlington Northern Santa
Fe Railroad tracks on the east side of the rural service center of Terrebonne. The property on both sides of this
short segment of right of way is owned by one individual, the applicant, George Russell. The proposed vacation of
this segment of 19th Street is bound by Smith Rock Way on the south and "A" Avenue on the north.
From evidence on the ground, there are no electrical power or telephone facilities located within this portion of
undeveloped public road right-of-way. There is no sign that this right-of-way has ever been used as a road. The
south end of the right-of-way is cut off from access via a continuous guard rail along the north edge of Smith Rock
Way. The guard rail along the north edge of Smith Rock Way is in place because the land continuing this road
right-of-way slopes very steeply down and away from this collector road.
Smith Rock Way is classified as an arterial. It has a right-of-way of 60 feet. Arterials are required to have a right-
of-way of 80 feet. Thus, the County is requesting a dedication of ten feet of land for additional right-of-way for
Smith Rock Way along the south edge of the applicant's property as part of the vacation of 19th Street.
The Department of Public Works mailed preliminary notices of the proposed vacation to the affected utilities and
agencies. Their responses are as follows:
U.S. West Communications: No response.
Pacific Power and Light: No response.
0156-0680
Terrebonne Water District: No response.
Deschutes County Community Development: Heidi Kennedy, a Planner with CDD responded:
"After reviewing the proposed vacation, it is staff's opinion that vacating the portion of 19th Street identified in the
submitted map will severely limit the amount of potential right-of-way access to residential zoned local lots located
along 19th Street in Block 162 of the Hillman Plat. If this portion of 19th Street is vacated the only public right-of-
way access will be from Smith Rock Way; however, the access off Smith Rock Way is impractical because of
topography reasons.
The lots in block 162 and 178 of the Hillman Plat are zoned Multiple Use Agricultural (MUA). The dimensional
standards for this zone requires a minimum street frontage of 50 feet.
Rather than vacate the portion of 19th Street, Deschutes County Planning Division recommends block 162 and 178
be replatted with a proposal that creates access from East Street for all new lots."
Engineer's Response: All of blocks 162 and 178 are owned by the single property owner who is requesting the
vacation of this segment of 19th Street. Under the MUA 10 Zone, the property owner cannot further divide his
property which has adequate legal access on "A" Avenue. In the event of a future rezoning of this property which
would allow a future partitioning or replatting of this property, access to future lots would take place from "A"
Avenue and East Avenue (also known as 1 st Street).
Redmond Fire Department: No response.
Deschutes County Property Management: Jim Bonnarens responded:
"We currently own a piece of property (TL501) adjacent to the SW portion of 19th Street and Smith Rock Way.
With access to that property from Smith Rock Way, the vacation of portion will not be a problem."
Engineer's Response: Tax Lot 501 is a very small property remnant that is not buildable due to its small size and
the steep slope adjoining Smith Rock Way.
Findings:
Based on preliminary responses, and the Department's research of the proposed vacation, the Engineer makes the
following findings:
1. The right-of-way for that portion of 19th Street proposed for vacation 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 lying south of the southerly 30 foot right-of-way line of "A" Avenue and north of the northerly 30 foot
right-of-way line of Smith Rock Market Road (now "Smith Rock Way") as shown on Oregon State Highway
Department Drawing 613-32-7.
2. It appears that the vacation process is adequate to amend the plat and that a land use process is not necessary
to affect the vacation of this dedicated right-of-way. The vacation process requires adequate findings, notice and a
hearing per ORS Chapter 368. Furthermore, ORS Chapters 92 and 368 both seem to anticipate that the vacation
process will be used to change the configuration of platted property.
3. Smith Rock Way, which is classified as a rural arterial, and 1 st Street, which is classified as a rural collector,
are the only roads in this area that are shown on the Deschutes County Transportation Plan. The Plan does not show
any arterial or collector connections through the area of the proposed vacation.
4. Surrounding zoning: all of the land bordering and surrounding the road right-of-way segment to be vacated is
zoned MUA 10.
0156-0681
5. The 19th Street right-of-way provides access to property owned by George Russell. Although 19th Street
exists as a dedicated right-of-way, the roadway has never been cleared or constructed and is not passable at present.
Based on a field inspection of this road right-of-way, it appears that this segment of 19th Street would never be
constructed due to the extremely steep topography of this site.
6. There are no telephone and power utility facilities lying within the proposed vacation.
7. This right-of-way does not provide access to any parcels other than the abutting two properties owned by one
individual.
8. DCC 17.36.180 A, states: "Each lot or parcel shall abut upon a public road for at least fifty feet, except for
lots or parcels fronting the bulb of a cul-de-sac, then the minimum frontage shall be thirty feet". The proposed
vacation would leave both tax lots 402 and 403 with frontage on "A" Avenue. In addition, TL 402 would have
access on 1st (East) Street and Smith Rock Way and TL 403 would have access on 18th Street and Smith Rock
Way. The frontage of any other lot would not be affected by the vacation.
9. Per ORS 368.366, vacated property shall vest the owner of the land abutting the vacated property by extension
of the person's abutting property boundaries to the center of the vacated property.
10. Tax Lot 501, owned by Deschutes County is a tiny property remnant that is unbuildable due to its small size
and the steep topography of this parcel.
11. Due to sight distance problems on the inside of the curve on Smith Rock Way, the proximity to the
intersection of 1st Street (East Street) and the steep slope of the land away from this arterial, the county would
probably not allow an access at the location of the 19th Street and Smith Rock Way.
Recommendation:
The County Engineer recommends that the vacation of the segment of 19th Street bound on the south by Smith
Rock Way and the north by "A" Avenue be vacated. It is recommended that notice of the public hearing required
under ORS 368.346, be mailed to the owner of the parcels abutting 19th Street.
It is the Engineer's assessment that the proposed vacation is in the public interest. The vacation of this public right-
of-way will allow for better use of this parcel of land since it is not needed for public road purposes and will return
the land to the tax rolls.
It is the Engineer's assessment that an additional ten feet of land adjacent to Smith Rock Way shall be dedicated to
bring this arterial up to the width prescribed in the Deschutes County Transportation Plan.
It is also the Engineer's assessment that the proposed vacation does not affect any utilities and is not needed for any
future utility facilities. The Engineer recommends that the right-of-way be vacated without a reservation for utility
easements.
The vacated property shall vest with the abutting property owner in accordance with ORS 368.366.
x H 1 E3/ T 0156-0682
OCTOBER 31 . 1990
TOM BLUST
DEPT. OF PUBLiC WORKS
61150 S.E. 27TH ST.
BEND, OR 97702
RE: VAC 't,i .N
CF ROAD RIGHT OF AY. ORS 365.341
' TI
ITEM A - *DESCRIPTION* 19TH BETWEEN SMITH ROCK WAY TO THE SOUTH !: A, AVENUE
TO TH THE NORTH, TAX LOT 403 TO THE WEST AND TAX LOT 402 TO THE rdORTH. 19TH
STREET IN THIS AREA IS APPROXIMATELY 360' LONG AND 50' 'WIDE. NOTE` DESCHUTES
COUNTY OWNES TAX. LOT 501 WHICH CONNECTS WITH SMITH ROCK WAY AND IS ONLY
APPROXIMATELY 35'X 35' IN SIZE.
ITEM B - *REASON* SECAU SE If OWN BOTH TAX LOT NUMEERS 403 AiNIv 402 2,ND USE
AVENUE A T O ACCESS TAX LOT 403, 19TH STREET WOULD NEVER BE NEEDED.
DESCHUTES COUNTY WOULD BENIFIT BY GETTING THIS LAND ON MY PROPERTY TAXES
AND WOULD ALSO GIVE ME ADDED LAND AREA FOR PERSONAL USE
ITEM C -*RECORDED INTEREST* DESCHUTES COUNTY WOULD BE THE ONLY ONE
WITH RECORDED iNTREST iN THE RIGHT OF WAY.
ITEM D - 'INIPROVEMENTS* THERE ARE NO IMPROVEMENTS ON THIS LAND
ITEM E - `OWNERS OF REAL PROPERTY ABUTTING PUBLIC PRvPERTY PROPOSED TC,
BE VACAT;_J' GEORGE RUSSELL, P.O. BOX 4-44. REDDING CA 96099. PHONE (916)
241-7249. MR RUSSELL OWNES BOTH TAX LOT 403 AND 40-1
ITEM G- * REDIVIDED PROPERTY* THE PROPERTY IS NOT PROPOSED TO BE REDIVIDED
IN ANY WAY.
GEORGE RUSSELL
P.O. BOX 4744
REDDING, CA 96009
0156`0683
EXHIBIT 'T "
Vacation of a Portion of 19`h Street in Hillman
That portion of 19`h Street 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 lying south of the south right of way line of
"A" Avenue and north of a line parallel to and 40 feet northerly of the centerline of Smith
Rock Market Road (now "Smith Rock Way") as shown on Oregon State Highway
Department drawing 613-32-7.
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0156-0685
EXHIBIT a$ `
Vacation of a Portion of 19th Street in Hillman
That portion of 19th Street 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 lying south of the south right of way line of
"A" Avenue and north of a line parallel to and 40 feet northerly of the centerline of Smith
Rock Market Road (now "Smith Rock Way") as shown on Oregon State Highway
Department drawing 613-32-7.
C:\DATA\WORD\EXHIBITA\19-VAC.DOC
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EXHIBIT "C" 0156-0686
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 22, 1996, AT 10:00 A.M. IN THE DESCHUTES
COUNTY JUVENILE JUSTICE CENTER, CONFERENCE ROOM "A", BEND, OREGON, ON THE
PROPOSED ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED
PERSONS MAY APPEAR AND BE HEARD.
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of 19th Street (Terrebonne) located in Deschutes County be vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of an existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Public Works 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
D SCHUTE COUNTY OREGON
NANCY P PE SCHLANGEN, Chair
PUBLISHED: January 2, 1997 and January 12, 1997
POSTED: January 2, 1997
MAILED: December 23, 1996
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