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1998-01778-Resolution No. 98-002 Recorded 1/15/199898-01778 010=174 REVIEWED ` BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES Q1 INTY d�Z.Inm LEG 7l)NSEL A Resolution Initiating the Vacation of a portion of 4th Street in LaPine, Oregon located in Section 15 of Township 22 South, Range 10 E. W.M. in Deschutes County, Oregon, Describing the Property Proposed to be Vacated, the Reasons for the Vacation, and requesting that the County Engineer file a Report. 90JAM 15 AM 9: 33 * HARY SUE PENH JLLO COUNTY CLERK RESOLUTION NO. 98-002 WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for vacation of a public road known a portion all of 4th Street in LaPine, Oregon located in Section 15 of Township 22 South, Range 10 E. W.M. 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 portion all of 4th Street in LaPine, Oregon located in Section 15 of Township 22 South, Range 10 E. W.M. 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 I— day of 1998. A T: Recording Secretary 1 - RESOLUTION NO. 98-002 BOARD OF COUNTY COMMISSIONERS OF,/DESCHUTF—S COUNTY, OREGON NAN Y POKE SCPLANGEN, CHAIR R B RTA-. NIPPER, COM SSIONER L. SWEARlNGE O MISSIG B 1f.;C1'Z,0Ft_MIED .JAPE 2I�.�� 0163=1747 9 o LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF 4T" STREET IN LAPINE, OREGON That portion of 4t" Street in LaPine lying East of the centerline of Stillwell Street and West of the West right-of-way line of Morson Street located in Township 22 South, Range 10 East, Section 15. ES c0 '..-C 0163=1'749 Department of Public Works 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 MEMORANDUM TO: Board of County Commissioners FROM: Dick Johnson, Management Analyst, Deschutes County Road Department DATE: January 7, 1998 SUBJECT: Engineers Report - Vacation of a portion of 4th Street in La Pine This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of-way. Background: Deschutes County received a petition (attached as "Exhibit I") from Dennis Carter and Walter Ealum (Pentecostal Church of God) requesting the vacation of a public road right-of-way. The requested vacation is for a portion of 4th Street in La Pine located on the west side of Morson Street. The legal description of the proposed road vacation is attached as "Exhibit 2". A map showing the location and property ownership pattern is attached as "Exhibit 3 ". The petitioners, Dennis Carter and the Pentecostal Church of God, represented by Walter Ealum, own the abutting property on the south and north sides of the street right-of-way proposed for vacation. The petitioners are requesting the vacation because they feel that the road right-of-way is needed to meet the required building setback for future development on property to the south of 4th Street and landscaping with driveway access for the property to the north of 4th Street. Discussion: The proposed vacation lies within the boundaries of the La Pine Rural Service Center (RSC). The section of 4th Street proposed for vacation lies between Block 27 and Block 28 of the Township Plat of La Pine. The property is zoned Rural Service Residential Medium Density (RSR M). The land to the north is occupied by the Pentecostal Church of God, the land to the east is Morson Street, the land to the south is occupied by a single family home and outbuildings, the land to the west is within a floodplain and has a wildlife combining zone overlay. 4th Street is a "paper street" west of Morson Street, having never been developed as a street for travel.. There is no evidence of the right-of-way of 4th Street being used for road purposes west of Morson Street, other than as a gravel driveway developed by the P & G Church for their gravel surfaced parking lot located behind and on the west side of the church building. Quality Services Performed with Pride 0163-1'750 The petitioners represent all of the private properties abutting the section of 4th Street proposed in this vacation. From evidence on the ground, no above ground or overhead utilities exist within this section of 4th Street. There also was no evidence of underground utilities within this section of right-of- way. The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Cascade Natural Gas: No response. Chambers Cable: No response. Crestview Cable: Mike Kincaid, Lead Technician, responded: "Yes we have existing CATV Plant (utility) at this vacation. Main line trunk & distribution on the west side of Morson Street. We wish to retain an easement at this location!" Note: Crestview Cable submitted a map showing the location of their trunk and distribution lines located on the west side of Morson Street in this area. Midstate Electric: C. Lane Powell III, G.I.S. Analyst, with Midstate Electric Cooperative, Inc. responded: "Midstate Electric Cooperative, Inc. located in La Pine, Oregon has existing electrical facilities within the boundaries of the proposed vacation portion of 4th Street. The existing facilities are comprised of three phase and single phase distribution construction and serves active customer meters. Midstate will require a retainment of its existing facilities easements. If you've any additional concerns or requests please call me at (541) 536-7230." Pacific Gas Transmission Co. No response. U. S. West Communications: R. Payne responded: "No Conflicts." La Pine Fire Department: No response. Deschutes County Community Development: Tracy Allen, Planner, responded: "1. Would the proposed road vacation remove road access from any legal lot that currently has access? Yes. It would remove access from tax lots 2700 and 1000 that front only on 4th Street. 2. Would all legal lots that currently have 50 feet of road frontage have a minimum 50 feet of road frontage if the vacation's approved? No. It would leave Tax Lots 2700 and 1000 without any road frontage. 3. Would the road that is proposed to be vacated provide access to properties developed in the future? This does not appear to be an issue in this case because Stillwell Street is already vacated one block on both sides of the subject section of 4th Street." Barbara Rich, Assistant Planner responded in a December 31 letter: "The Planning Division has received your request for comments on the proposed vacation of a portion of 4th Street in La Pine dated December 19, 1997. 0163=1'751 Staff finds that the proposal will eliminate public access to lot 2700 on tax map 22-10-15AA and lot 1000 on tax map 22-10-15AD. In addition, this vacation would also eliminate the 50 feet of frontage on a public road required for every lot by Title 17 (17.36.180). Deschutes County Planning Division cannot support this request as proposed. If you have any questions regarding this matter, please feel free to contact me at 388-6552." Deschutes County Property Management: Jim Bonarens responded: "Deschutes County Property Management has no interest in the proposed vacation of that portion of 4th Street in La Pine." Deschutes County Legal Counsel: No response. Findings: Based on 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 to the public for road purposes on the original plat of La Pine recorded with the Crook County Clerk's Office in 1910. (Deschutes County was part of Crook County until 1916.) 2. It appears that the vacation process is adequate to amend the plat and that a land use process is not necessary to effect 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. 4th Street is classified as a rural local street. It is a "paper street" in that it does not actually exist on the ground and is not actually being used for a street. The Pentecostal Church of God does have an unpaved driveway from Morson Street over a portion of this right-of-way to reach the parking lot located to the rear of the church on tax lot 2700 which is owned by the church. 4. Surrounding zoning: The land to the north, east and south of this section of 4th Street proposed for vacation is zoned Rural Service Residential Medium (RSRM) within the La Pine Rural Service Center. The land to the west is zoned Flood Plain (FP) with a Wildlife Area Combining Zone (WA) overlay. Any development of this FP land with the WA overlay beyond its current agricultural grazing use would require a conditional use permit. This FP -WA land is in a large parcel under single ownership with legal frontage and road access to 3rd Street to the north and 6th Street to the south. 5. This portion of 4th Street provides access to Tax Lots 2700 and 2701 on Assessor's Map 22 10 15 AA to the north which are both owned by the La Pine Pentecostal Church of God. Tax lot 2701 has access and legal frontage on Morson Street to the east. This portion of 4th Street provides access to Tax Lots 1000 and 2100 on Assessor's Map 22 10 AD to the south which are both owned by Dennis and Nancy Carter. Tax Lot 2100 has access and legal frontage on Morson Street to the east. This portion of 4th Street, extended to the west, provides access to Tax Lot 2200 on Assessor's Map 22 10 15 AD and Assessor's Map 22 10 15 AA which is owned by Patricia Yager of La Pine. 0163=1752 6. Crestview Cable and Midstate Electric Cooperative, Inc. both have facilities in the area to be vacated and want to retain utility easements to protect their facilities if the street right-of-way is vacated. 7. This right of way does provide access to parcels to the west, which have access to 3rd Street and 6th Street, in addition to the abutting properties. 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 on the bulb of a cul-de-sac, then the minimum frontage shall be thirty feet." The proposed vacation would leave both tax lot 2700 on the north side and tax lot 1000 on the south side of this section of 4th Street without frontage on a public road. However, both tax lots are owned by owners that also adjoining tax lots that do have legal frontage on Morson Street to the east. 9. The vacation of 4th Street is in the best interest of the public in that a public street is not needed at this location due to the land to the west which it would serve being an identified flood plain and designated wildlife area. This finding is required under ORS 368.346.1. (b). 10.. Per ORS 368.366, vacated property shall vest in 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. Recommendation: The County has maintained a policy of not vacating land which would leave any parcel without legal frontage on a public road. The vacation of this portion of 4th Street would leave two parcels, tax lot 2700 on the north and tax lot 1000 on the south without frontage on a public road. However, both tax lots are owned by owners that also adjoining tax lots that do have legal frontage on Morson Street to the east. Neither of the tax lots without legal frontage are developed independently of their adjoining tax lots with the same owner and therefore the proposed vacation of this portion of 4th Street would not leave parcels without access. There is however the bigger question of any future development of the wetland area to the west and the concurrent need for access to that area which was raised by planners from the Deschutes County Community Development Department. Until the issue of the possible need for access to the wetlands to the west is resolved, the vacation should not take place. If, following the public hearing, the Board approves the vacation, the Road Department recommends the following conditions: 1. The combining of these tax lots with their "sister" tax lots to the east owned by the same respective owners, the La Pine Pentecostal Church on the north and Dennis and Nancy Carter to the south should be completed as a condition of the approval of this street right-of-way vacation. (The combining of these lots resolves the problem of leaving parcels now adjoining 4th Street without access.) 2. A reservation for utility easements shall be retained upon this parcel for the existing utility facility facilities. 0163=1'753 3. The vacated property shall vest with the abutting property owner in accordance with ORS 368.366. + EXHIBIT "1" 0163,_1r� 4 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: TV 64, f- S-�-I 1 e-et4 e we4 6 -► Lr w6 - Located in T Z Z S� 5"' , Deschutes County. Reason for road vacation request: DATED this day of 19 91 ADDRESS STATE OF OREGON ) ss. County ofs�Ci On this 01 day of err g- , in the year 19 f%, before me, a Notary Public, personally appeared S 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 instrument, and acknowledged that h (she, they) executed it. WITN S my and OFFICIAL11 s 11 EAt. Notary Public for Oregon. -�Z o—RB. WANDA CALLAHAN My Commission expires: NOTARY PUBUC.OREC,ON '•� COMMISSION NO. A030326 M 0 ($ 0 PI N. 20,1998 Page 1 of 2 0163-1755 STATE OF OREGON ) / / ) ss. County of DL-SCG1'cX-1 ) On this day of A, in the year 19 y 7 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 instrument, and acknowledged tha a (she, they) executed it. IT S y mhand offipjalal OFFICIAL SEAL � (� �-� WANDA CALLAHAN NOTARY PUBLIC- OREGON 1 Notary Public for Oregon. COMMISSION NO. n 1AN.6 X 8 My Commission expires: M 180 � STATE OF OREGON ) ss. County of On this day of , in the year 19T, before me, a Notary Public, personally appeared personally known to me (or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal STATE OF OREGON ss. County of Notary Public for Oregon. My Commission expires:. On this day of , in the year 19 , 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 instrument, and acknowledged that he (she, they) executed it. WITNESS my hand and official seal Notary Public for Oregon. My Commission expires:. I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE ADDRESS TELEPHONE: 4 Page 1 of 2 0163=1'756 EXHIBIT "2" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF 4T" STREET IN LAPINE, OREGON That portion of 4th Street in LaPine lying East of the centerline of Stillwell Street and West of the West right -0f --way line of Morson Street located in Township 22 South, Range 10 East, Section 15. ■ AR_ �■� 8 - - G a D0 0 0 a 0 0 X00 _ ♦ � - A0�00�a 000�00�aa0 0��0 ♦ ♦ Ll •