2005-1058-Order No. 2005-082 Recorded 9/13/2005REVIE ED
LEGAL COUNSEL
DESCHUTES COUNTY CLERKDS Vd ~~V4'~~~8
NANCY
COMMISSIONERS' JOURNAL ,
20
0911312005 11, W = AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the
County Road Official's Report on the
vacation of the Plat of Harper, Crook
County Oregon, described by Robert B.
Gould in 1910 as located in Section 8,
Township 20 South, Range 11 East,
Willamette Meridian, presently located in,
Deschutes County, Oregon, setting a
date for a public hearing, and providing
for public notice of said hearing.
ORDER NO. 2005-082
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2005-094 dated on September 14, 2005; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes
County, Oregon, the County Road Official has submitted a report on the proposed vacation
pursuant to ORS 368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, HEREBY ORDERS as follows:
Section 1. That the report relating to the vacation of the "Plat of Harper", located in
Section 8, Township 20 South, Range 11 East, Willamette Meridian in Deschutes County,
Oregon, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, October 26, 2005, at 10:00 a.m. at the Deschutes
County, Deschutes County Commissioner's Hearings Room, Administration Building, 1130
NW Harriman, 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.
PAGE 1 OF 2- ORDER NO. 2005-082
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 1 day of U '2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
ATTEST:
Recording Secretary
A le. 41" , 6
I HAE M. DALY Commissioner
D NNIS R. LUKE, Commissioner
PAGE 2 OF 2- ORDER NO. 2005-082
~J-~ Es c0
LZ Exhibit "A"
L Page 1 of 21
0 ,
Engineer's Report
TO: Board of County Commissioners
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(5411388-6581 • FAX (541) 388-2719
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: September 8, 2005
SUBJECT: Vacation of the official Plat of Harper
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road right-of-
ways or subdivision plat.
Discussion:
Sunriver Resort Limited Partnership (SRLP) is in the process of developing a new destination resort called
Caldera Springs (formerly known as Sunriver-Harper Resort). On April 26, 2005, the Deschutes County
Hearings Officer approved the Conceptual Master Plan (CMP) for the proposed resort (CU-05-7). Condition
No. 12 of the Hearings Officers Decision states, "The Townsite of Harper shall be vacated prior to final plat
approval, or concurrent with filing of the plat for the first phase of development. " I have attached "Exhibit 1"
showing the location of Harper Townsite. Both Midstate Electric and SLRP have signed the petition and they
constitute 60 % of the land abutting the property to be vacated therefore the petition meets the requirements of
ORS 368.341 (f).
The Plat of Harper, Crook County, Oregon was created in September of 1910. No development has occurred on
this plat with the exception of Mid-State Electrics substation which is located on tax lot 2011080000501. The
applicant states that the vacation of the Plat will remove the outdated lots and right-of-ways, thereby enabling
SRLP to develop the site in a manner that is consistent with modern land use laws.
As part of the planning process for the Sunriver Interchange, a route called the "Southern Alignment or Dog-leg
route" was discussed as an option to relieve future traffic congestion in the Sunriver area. This alignment is
shown on attached Exhibit 2 and is also discussed in the applicants Burden of Proof (attached as Exhibit 3).
This alignment was studied extensively by both ODOT and Kittleson and Associates as an alternative to be
considered as a future traffic route. The alignment directly affected SRLP's proposed destination resort in that
it would utilize the right-of-way shown as Cascade Street in the Harper Townsite. ODOT's traffic studies
indicated that traffic signals or single lane round-a-bouts at intersections along the existing corridor would fail
in the year 2027. Kittleson and Associates stated that the improvements proposed by SLRP, with the addition
of a round-a-bout at Spring River Road and South Century drive along with a "slip lane" added to the proposed
round-a-bout at Abbot Drive and South Century Drive, would function through the year 2027. The Road
Department reviewed both traffic studies and concluded that Kittleson and Associates report proposing the
installation of a round-a-bout at Abbot Lane and South Century Drive with future installation of a "slip lane",
Quality Services Performed with Pride
Exhibit "A"
Page 2 of 21
installation of turn lanes at Spring River/S. Century Drive with the future installation of a round-a-bout at this
intersection after 2020 would allow the corridor to function in an acceptable manner out to the year 2027 (see
attached Exhibit 4).
The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies.
Their responses are as follows:
Cascade Gas: No response.
Mid-state Electric: Comments received 9/7/05 from Bill Heigh, Midstate Electric Co-op GIS/Survey Analyst,
"I received this preliminary vacation notice for the vacation of the official "Plat of Harper" near Sunriver the
other day and I would like to add these comments for the record. Most of our facilities in this area are
overhead and visible but were not identified on the notice. Although the County does not need to recognize
existing easements in order to keep them valid, I would like to bring them to your attention so that nobody
misses them by mistake. I specifically want to bring to your attention the easement recorded on Sept. 24, 1986
in Volume 133 Page 0800 (86-18848) which cover our transmission line across the north portion of the old
Division Street. 1 am including it for your convenience. If you have any questions or comments, please don't
hesitate to contact me. Regards, Bill". I talked to Bill and explained that the vacation would not affect the
easement he is referring to but I will make a comment in the findings that the easement recorded on September
24, 1986 in Volume 133, Page 0800 (86-18848) remain in place and will not be affected by the vacation.
PGT: No response.
Qwest: Response dated 9/7/05 from Florence Mott, Manager ROW, "Qwest has fiber located in the proposed
vacation area and our rights absolutely must be reserved! We have been there for years and will remaining
that proposed vacation area. We have a legal easement to be there. Any move, which would be extremely
costly would be owners expense. " On 9/8/05, I talked to Florence and explained that the vacation would not
affect the easement she is referring to but I will make a comment in the findings that the easement shown on the
map as '10 feet PNW Bell Telephone Easement, Book 238, Page 1540 remain in place and will not be affected
by the vacation.
La Pine Fire Department: No response.
Deschutes County Community Development Department: Response from Will Groves, Associate Planner,
"The Caldera Springs destination resort, which includes the subject plat, has been approved under CU-05-7
and M-05-1. Each of these decisions requires vacation of the subject plat as a condition of approval.
Deschutes County Legal Department: No response
Board of County Commissioners: No response
Oregon Department of Fish & Wildlife: No response
Oregon Department of Transportation: No response
USFS: No response
Exhibit "A"
Page 3of21
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road
Department makes the following findings:
Vacation of this plat is a requirement of land use file CU-05-7, condition no. 12 which states, "The
Townsite of Harper shall be vacated prior to final plat approval, or concurrent with filing of the plat for the
first phase of development."
2. The dedicated road rights-of-way within the plat of Harper Townsite are not needed to address Sunriver and
vicinity traffic through the 2027 planning time frame. This finding is based on the Departments review of
both the ODOT and Kittleson and Associates traffic studies and include the impact of the potential
development of the adjacent USFS land.
3. Based on information provided by utility companies, a utility easement will not need to be reserved on any
of the vacated right-of-ways. The vacation will not affect the following easements:
♦ Mid-State Electric easement recorded on September 24, 1986 in Volume 133, Page 0800 (86-18848).
♦ 10 foot PNW Bell Telephone Easement, Book 238, Page 1540.
Both of these easements are located in Division Street and will remain in place after the vacation.
Recommendation;
It is the Road Department's assessment that this vacation is in the public interest as it allows SRLP to develop
their property according to current land use laws and returns the unused dedicated road right-of-ways to the tax
roles. The Road Department recommends that the Board review the attached material and based on testimony
given at the public hearing, make their decision on whether to approve the vacation of the Harper Townsite Plat
as described in the attached Order No. 2005-083 subject to the following conditions:
1. A reservation of a utility easement is not required on any of the vacated right-of-ways. The vacation
does not affect the easement recorded on September 24, 1986 in Volume 133, Page 0800 (86-18848) and
also a 10 foot PNW Bell Telephone Easement, Book 238, Page 1540, both of which will remain in
place.
2. No opposition to the vacation is reported to the County prior to or during the public hearing.
3. The parcels vest as shown on Order No. 2005-083, Exhibit "B".
Locator Map
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Legend
September 2, 2005
Railroad
Plat to Vacate
Taxlots
Exhibit "1"
~P Deschutes County Road Department
c.ea~Nn
John Anderson, GIS Specialist
Phone (541)322-7102
E-I doh-@r? de.huteS.or.us
Address. 61150 SE 27th St
Bend, OR 97702
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
P:WrcGIS_Projects\Vacations\Harper Townsite
Exhibit "A"
Page 5 of 21
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Page 6 of 21
BURDEN OF PROOF
IN SUPPORT OF
HARPER TOWNSITE PLAT VACATION
APPLICANTS/: Sunriver Resort Limited Partnership
PROPERTY OWNERS Attention: Tom Luersen, V.P.- Managing Director,
Sunriver Resort
Administration Building
One Center Drive
P.O. Box 3589
Sunriver, OR 97707
Telephone: (541) 593-1000
Midstate Electric Cooperative
Attention: Bill A. Kopacz, General Manager
P.O.Box 127
51340 N. Highway 97
La Pine, OR 97739
APPLICANT'S
REPRESENTATIVE: Ball Janik LLP
Nancy Craven
Kristin L. Udvari
101 SW Main Street, Suite 1100
Portland, OR 97204
Telephone: (503) 228-2525
APPLICANT'S
ENGINEER: W&H Pacific
Thomas Walker, P.E.
920 SW Emkay Drive #C-100
Bend, OR 97702-1042
Telephone: (541) 388-4255
PROPERTY: All of the official Plat of Harper Crook County Oregon, located
within Section 8, Township 20 South, Range 11 East, Willamette
Meridian, Deschutes County, (formerly Crook County). (See
attached maps, Exhibit A).
PROPOSAL: The Applicant requests administrative approval of the vacation of
the plat of the Townsite of Harper, including all roads dedicated by
the subject plat. This vacation is required as a condition of
approval of the Conditional Master Plan for the proposed Caldera
Springs Resort (formerly referenced as the Sunriver-Harper
Resort).
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Exhibit "3"
Exhibit "A"
Page 7 of 21
Introduction
On April 26, 2005, the Deschutes County Hearings Officer approved the
Conceptual Master Plan ("CMP") for a proposed destination resort adjacent to the existing
Sunriver Resort. (File No. CU-05-7). The new resort, previously referenced as the "Sunriver-
Harper Resort" will be called Caldera Springs. Pursuant to Condition No. 12, Sunriver Resort
Limited Partnership ("SRLP") must vacate the Townsite of Harper Plat (the "Harper Plat") prior
to final plat approval for the first phase of Caldera Springs. Specifically, the condition reads as
follows:
"12. The Townsite of Harper shall be vacated prior to final plat
approval, or concurrent with filing of the plat for the first phase of
development."
The Final Master Plan ("FMP'~ for Caldera Springs is currently under review by
the County, and the Applicant intends to submit the tentative plan for the first phase of the
development immediately following FMP approval. Therefore, SRLP and Midstate Electric
Cooperative ("Midstate"), the owners of the land underlying the Harper Plat (the "Applicants"),
wish to initiate the vacation process to ensure that the vacation of the Harper Plat is effective
prior to submittal of the final plat for the first phase of the Caldera Springs resort.
2. Description of Area to be Vacated
The Applicants request that the County vacate the old Harper Plat, which is
depicted on the plat and tax maps attached as Exhibit A and described as follows:
All of the official Plat of Harper Crook County Oregon, located
within Section 8, Township 20 South, Range 11 East, Willamette
Meridian, Deschutes County, (formerly Crook County).
The Harper Plat is located in the northeast comer of the proposed Caldera Springs
resort. A small portion of the land underlying the Plat is owned by Midstate (Lots 1, 2, 3, 4, 5, 6,
21, 22, 23, 24, 25, 26, and the north 7.5 feet of lots 7 and 20 in Block One, and that portion of the
alley and 30 feet of First Avenue, Second Avenue, and Division Street adjacent to said lots). The
remainder is owned by SRLP.
3. Compliance with Vacation Criteria
ORS 368.326 to 368.366 set forth the vacation procedures by which a county may
vacate "a subdivision, part of a subdivision, a public easement, or any other public property or
public interest in a property under the jurisdiction of the county governing body." ORS 368.326.
Thus, the statutes govern the vacation of all the Harper Plat, including the public rights-of-way
dedicated on the plat. These vacation procedures are an alternative to the vacation method
established under ORS Chapter 92. Deschutes County does not have any additional local
vacation procedures. Therefore, the only relevant criteria for approval of the vacation request are
those set forth in ORS 368. The criteria are addressed below.
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Exhibit "A"
Page 8 of 21
A. ORS 368341, Initiation of Vacation Proceedings, Requirements for
Resolution or Petition
(1) A county governing body may initiate proceedings to vacate
property under ORS 368.326 to 368.366 if.
(a) The county governing body adopts a resolution meeting the
requirements of this section;
(b) The person who holds title to property files with the county
governing body a petition meeting the requirements of this
section and requesting that the property be vacated; or
(c) The owner of property abutting public property files with the
county governing body a petition meeting the requirements of
this section and requesting vacation of the public property that
abuts the property owned by the person.
Pursuant to the second option under subsection (1)(a), SRLP and N idstate, the
entities that hold title to the area to be vacated, hereby submit this petition to vacate the Harper
Plat, including all roads that were dedicated on the plat.
(3) Any person filing a petition under this section shall include
the following in the petition:
(a) A description of the property proposed to be vacated;
The area to be vacated is described above, and depicted on the attached plat and
tax maps. (Exhibit A).
(b) A statement of the reasons for requesting the vacation;
The Applicants wish to vacate the Harper Plat because Condition No. 12 of the
CMP decision authorizing construction of the Caldera Springs destination resort requires the plat
to be vacated in its entirety. (File No. CU-05-7). Once the plat is vacated, SRLP can then plat
the site for residential and recreational uses, as allowed by the CMP. The Harper Plat vacation
must be finalized before SRLP can record a final plat for the new destination resort.
In addition, the portion of the platted area owned by Midstate is developed with
an electrical substation. Therefore, the Plat is inconsistent with the actual use of the subject
property, and Midstate requests the vacation to remove the platted lots and roads from the land
underlying the substation.
(c) The names and addresses of all persons holding any recorded
interest in the property proposed to be vacated;
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Exhibit "A"
Page 9 of 21
(d) The names and addresses of allpersons owning any
improvements constructed on public property proposed to be
vacated;
SRLP and Midstate Electric Cooperative hold title to the property to be vacated.
The contact information and addresses for both entities are listed above and on the application
form.
(e) The names and addresses of allpersons owning any real
property abutting public property proposed to be vacated;
The Division Street right-of-way dedicated on the Harper Plat runs along the
northern boundary of the Plat. The properties abutting this street right-of-way are (in order from
east to west):
Tax Lot Description Owner
TL 94000 (20-11-51)) Association of Unit Owners
of Powder Village Condominiums
P.O. Box 3031
Sunriver, OR 97707
TL 600 (20-11-51)) Sidney Rehn Reynolds
PO. Box 4531
Sunriver, OR 97707
TL 500 (20-11-5D) Thomas C. Bowers Family Trust
461 Chesley Ave
Mountain View, CA 94040
TL 302 (20-11-51)) SRLP
TL's 300 & 301 (20-11-5D) Hammer Time LLC
PMB 222
18160 Cottonwood Road
Sunriver, OR 97707
TL 9800 (20-11-5C) Midstate Electric Cooperative
The Sixth Avenue right-of-way dedicated on the Harper Plat runs along the
eastern boundary of the Plat. The property abutting the eastern boundary (20-11-00, TL 100) is
owned by the USFS.
The remainder of the Harper Plat abuts SRLP or Midstate property.
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Exhibit "A"
Page 10 of 21
(f) Signatures, acknowledged by a person authorized to take
acknowledgments of deeds, of either owners of 60 percent of the
land abutting the property proposed to be vacated or 60 percent
of the owners of land abutting the property proposed to be
vacated, and
The area to be vacated is bordered on two full sides (the western and southern
boundaries of the Plat) by SRLP. In addition, SRLP owns Tax Lot 302 (20-11-5D) and Midstate
owns Tax Lot 9800 (20-11-5C), both of which border the Harper Plat on the north. The frontage
of Tax Lots 302 and 9800, combined with the lineal feet of the entire western and southern
borders of the Plat, exceeds 60% of the land abutting the property to be vacated. Therefore, the
signatures of SRLP and Midstate on the application form meet this criterion.
(g) If the petition is for vacation of property that will be redivided
in any manner, a subdivision plan or partitioning plan showing
the proposed redivision.
With the exception of the area owned by N idstate, the property to be vacated will
be developed as the Caldera Springs destination resort. Thus, the area will be subject to future
plats to create lots for residential, recreational, and commercial facilities in the future. However,
the future subdivisions will not occur until the County approves the FNIP for the destination
resort. Per the approved CMP and FMP maps, the area to be vacated will be used for residential
lots, practice golf holes, and trail facilities. (See Exhibit B).
(4) The county governing body may require a fee for the filing of
a petition under this section.
The filing fee is attached to the vacation application.
B. ORS 368346. Rework notice and hearing for vacation proceedings.
(1) When a vacation proceeding has been initiated under ORS
368.341, the county governing body shall direct the county road
official to prepare and file with the county governing body a
written report containing the following:
To assist the County Road Department in its preparation of the subject report, the
Applicants have provided the following answers to each question posed by ORS 368.346(1).
(a) A description of the ownership and uses of the property
proposed to be vacated;
The Harper Plat to be vacated is described above. The Harper Plat contains 286
lots, 10 rights-of-way, and 15 alleyways bisecting each block. The lots vary in size from 3,000
square feet to 5,000 square feet. The roads to be vacated are: First through Sixth Avenues,
Alvord Street, Benham Street, Cascade Street, and Division Street. The majority of the property
is vacant land, to be used by SRLP for the future Caldera Springs destination resort. The
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Exhibit "A"
Page 11 of 21
northwestern comer of the Harper Plat is owned by Midstate and used for an electrical
substation.
(b) An assessment by the county road official of whether the
vacation would be in the public interest; and
Vacation of the Harper Plat is in the public interest for the following reasons.
Condition No. 12 of the CMP for the Caldera Springs resort requires the Plat to be vacated to
facilitate the development of the approved destination resort. The Harper Plat pre-dated the
current land use laws that govern development in Deschutes County. The plat does not conform
to the requirements of the underlying F2/LM/WA/AS zones, nor does it conform to the standards
of the Destination Resort ("DR") overlay. Under current law, the County could not approve a
286-lot subdivision on F-2 zoned land, except in connection with an approved destination resort.
However, the plat also violates the provision of the County's Destination Resort Ordinance
(DCC 18.113). Thus, vacation of the Plat will remove the outdated lots and rights-of-way,
thereby enabling SRLP to develop the site in a manner that is consistent with modem land use
regulations.
For example, the easternmost and northernmost blocks of the Plat, including the
Sixth Avenue and Division Street road rights-of-way, are located within the setback area
mandated by the Destination Resort Ordinance (DCC 18.113.060(G)(2)) for roads, trails, and
structures. In comparison, the development approved in the CMP for the Caldera Springs resort
will provide a 50-foot trail setback, 100-foot road setback (except for entry road rights-of-way),
and a 150-foot setback for single-family residential structures within the area to be vacated. In
contrast to the 286 lots within the Harper Plat, the Caldera Springs resort will have
approximately 50 to 55 single family lots within the area to be vacated, and a large percentage of
the area will be dedicated to open space uses including trails, natural areas, and golf practice
holes. Thus, the vacation is in the public interest because it will meet the intent of the current
zoning by allowing future plats for a lower density, higher open space, resort community
contemplated by the DR overlay.
Furthermore, the vacation is in the public interest because the old rights-of-way
dedicated on the Harper Plat do not serve the current needs of the community, nor are they
necessary to meet future transportation needs. In recent years, ODOT and Deschutes County
have considered the extension of Spring River Road from its current intersection with South
Century Drive, through the Harper Plat, across the rural and Forest Service lands located east of
Caldera Springs, and over the railroad tracks to create a new intersection with South Century
Drive to the west of the US 97 interchange (the "Spring River Road Extension"). A small
portion of this road would run through the area currently dedicated as Division Street per the
Harper Plat. However, as explained below, the extension is neither a necessary nor a viable
transportation improvement, and therefore the vacation of all of the Plat, including Division
Street, is in the public interest.
The Spring River Road Extension, also referenced as the "dog-leg" option, was
originally examined in the US 97/South Century Drive Environmental Assessment (`BA")
conducted by ODOT, but since has been dropped from consideration within the EA. (See
Exhibit C: Kittelson & Associates, Inc., Memoranda and Associated Traffic Impact Analyses
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Exhibit "A"
Page 12 of 21
("TIA")). The decision to drop the alternative from the EA was based on input received between
May 2002 and January 2003 from FHWA, the project Steering Committee, the ODOT Project
Team, the Stakeholders Committee, and the general public. Generally, the alternative was
dropped because it would have required the conversion of more forest resource land than the
proposed Build Alternative and did not offer substantially higher benefits than the proposed
Build Alternative. Section 3.4.2 of the EA lists the following additional reasons for exclusion of
the "dog-leg" option:
• It would not resolve the safety problem at South Century Drive
and U.S. 97 intersection.
• It involves a new interchange on U.S. 97 in an area not
topographically suitable for it.
• It does not make efficient use of existing infrastructure.
Not only was the Spring River Road Extension rejected in the EA, it is also not
included in the County's Transportation System Plan. Thus, not only would construction of the
Extension require a new NEPA analysis to justify rights-of-way across the USFS lands, it would
also require an exception to Statewide Planning Goal 4 because the route would traverse rural
forest lands. To justify the goal exception, the applicant would need to demonstrate that no
feasible alternatives exist to constructing a new roadway on rural lands. As discussed below, an
applicant could not meet this burden because alternative transportation improvements are
available to maintain the functionality of the roads and intersections in the area.
The TIA for Caldera Springs analyzed and identified specific roadway
improvements designed to meet future traffic needs of the Sunriver area without the Spring River
Road Extension. These improvements include a single lane roundabout constructed at Abbot
Drive and South Century Drive intersection; a turn lane for northbound traffic constructed at the
existing Spring River Road and South Century Drive intersection; and a southbound turn lane
constructed on South Century Drive at the proposed entrance to the Project. In addition to the
December, 2004 TIA, Kittelson also submitted a February 7, 2005 supplemental memorandum
which extended the analysis of the Spring River Road Extension option beyond the study period
required for the land use approval. (Exhibit C). Specifically, the February 7, 2005 supplemental
report noted:
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Exhibit "A"
Page 13 of 21
"Sunriver Resort LP recognizes that it is in their best interest to
understand how the transportation system will function beyond the
buildout year of the resort. For this reason, our report analyzes year
2027 conditions under the two scenarios outlined above. Sunriver
also felt that it was appropriate to evaluate longer-term system
operations to understand whether the "dog-leg" option will be
needed over time. As documented in our report, in year 2027, the
land swap will not change the needs at any of the intersections
except at Spring River. At the Spring River/S Century Drive
intersection, the land swap, combined with regional growth, may
create the need to construct a double lane roundabout at Spring
River Road, rather than a single lane." (February 7, 2005 Kittelson
Memo, p. 4).
As explained above, even in 2027 the Spring River Road Extension will not be
necessary to accommodate the Caldera Springs resort and other potential development in the
area. Rather, the additional growth will be accommodated by the improvements proposed in the
TIA, plus a larger roundabout. County Traffic Engineer, Gary Judd, carefully reviewed the
Kittelson memoranda and ODOT's traffic study and concluded that the improvements proposed
in the TIA, without the Spring River Road extension, will meet the County's minimal operational
traffic standards through at least the year 2020. Attached as Exhibit D is a February 14, 2005
memorandum from Mr. Judd on this issue.
Consistent with the expert testimony in the CMP record from Kittelson and Mr.
Judd, the County Hearings Officer issued a CMP approval with conditions requiring the
improvements recommended in the TIA and mandating vacation of the Harper Plat in its
entirety. Thus, the Plat rights-of-way are not necessary to maintain the functionality of the
transportation system within the planning period, and the vacation of the plat is in the public
interest.
Finally, the vacation is also in the public interest because Lots 1, 2, 3, 4, 5, 6, 21,
22, 23, 24, 25, 26, and the north 7.5 feet of lots 7 and 20 in Block One, and the portion of the
alley and 30 feet of First Avenue, Second Avenue, and Division Street adjacent to the specified
lots, underlay the Midstate Electric Cooperative substation. Thus, the area is dedicated to the
provision of electricity for community, and vacation of the Plat will formally recognize the
current and future use of this portion of the subject property.
(c) Any other information required by the county governing body.
During conversations with County Counsel prior to the submittal of this vacation
petition, County Counsel requested that the Applicants address how the provisions of ORS
92.185(5) and 92.190(2) would affect the vacation of the public road rights-of-way within the
Harper Plat. As detailed below, those provisions will not apply because the Applicants do not
propose to replat the old subdivision.
8CMocuments and Settings\twalker\Local SettingsUemporary Intemet Files\0LK9\@S
Exhibit "A"
Page 14 of 21
ORS 92.180 through 92.190 govern replats of subdivisions! ORS 92.185(5)
specifies that "[a] replat shall not serve to vacate any public street or road," and ORS 92.190(2)
states: "Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of vacation actions
by statutes in ORS chapter 271 or 368." These provisions seem to suggest that, in the context of
a replat, the applicant must also file a separate application if the applicant wishes to vacate any
streets within the reconfigured subdivision. Regardless, it is not necessary to determine the
meaning of these two statutory provisions because they do not apply to the current situation.
Per Condition No. 12 of the CMP, the Applicants propose to vacate the Harper
Plat in its entirety (i.e. all lots, roads, and alleyways will be vacated). The Applicants do not
propose to merely reconfigure or increase or decrease the number of lots. Thus, the proposal is a
pure vacation, which will be processed pursuant 368.326. ORS 368.326 explains that ORS
368.326 to 368.366 establish vacation procedures by which a county governing body may vacate
subdivisions and public roads, and ORS 368.326(2) states: "The vacation procedures under ORS
368.326 to 368.366... [a]re an alternative method to the method established under ORS chapter
92 for the vacation of a subdivision." Thus, the statute authorizes the vacation of all elements of
a subdivision, including rights-of-way, and provides an alternative to the provisions of ORS 92,
which appear to apply only to undeveloped subdivisions.
ORS 92.225(2)2 lists the characteristics of an "undeveloped subdivision," as the
term is used in ORS 92. Per ORS 92.225(2)(e), the Harper Plat does not qualify as an
undeveloped subdivision under ORS 92 because lots within the subdivision have been sold or
otherwise transferred. Therefore, ORS 92.225 does not authorize the County to independently
review the subdivision to determine whether it should be replatted or vacated to comply with
current land use law. Accordingly, the provisions of ORS 92.234 authorizing vacation of such
subdivisions are also not applicable. Rather, the most appropriate statute to govern this process
is ORS 368, addressed herein-
1 ORS 92.010(12) defines "replat" as "the act of platting the lots, parcels and easements in a
recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or
partition plat or to increase or decrease the number of lots in the subdivision."
ORS 92.225(2) reads as follows:
(2) For the purposes of this section, the lands described in the plat of any subdivision under
review shall be considered to be developed if any of the following conditions are found by the
agency or body conducting the review to exist on such lands:
(a) Roadways providing access into and travel within the subdivision have been or are being
constructed to meet the specifications prescribed therefore by the agency or body that approved
the plat of the subdivision;
(b) Facilities for the supply of domestic or industrial water to lots created by the subdivision have
been or are being constructed;
(c) Sanitary sewerage disposal facilities have been or are being constructed for lots created by
the subdivision, or septic tanks have been or are being installed on the land or permits have been
issued for their installation on the land;
(d) Buildings have been or are being constructed upon the land or permits have been issued for
the construction of buildings upon the land; and
(e) One or more lots described in the plat of the subdivision have been sold or otherwise
transferred prior to the date of the initiation of such review.
9CADocuments and Settings\twalker\Local SettingsUemporary Internet Files\OLK9\@$€
Exhibit "A"
Page 15 of 21
Thus, the Applicants do not expect the County to apply ORS 92.180 through
92.245 to the vacation of Harper Plat. Rather, the Applicants expect to work with the County to
vacate the subdivision and associated rights-of-way concurrently under 368.326. Pursuant to
ORS 368.346(2), the only subjective approval criterion applicable to the vacation application
will be the general "public interest" standard addressed above.
(2) Upon receipt of the report under subsection (1) of this section,
a county governing body shall establish a time and place for a
hearing to consider whether the proposed vacation is in the
public interest.
As detailed above, the vacation is in the public interest. While the County Road
Department is preparing the subject report, the Applicants request that the vacation request be
placed on the Board of Commissioner's schedule to ensure a prompt resolution of this petition.
(3) Notice of the hearing under this section shall be provided
under ORS 368.401 to 368.426 by posting and publication and by
service on each person with a recorded interest in any of the
following:
(a) The property proposed to be vacated,
(b) An improvement constructed on public property proposed to
be vacated; or
(c) Real property abutting public property proposed to be vacated
As required, the Applicants will post notice of the proposed vacation once the
Planning Department prepares the required land use notice signs.
(4) During or before a hearing under this section, any person
may file information with the county governing body that
controverts any matter presented to the county governing body in
the proceeding or that alleges any new matter relevant to the
proceeding.
As necessary, the Applicants are prepared to work with Planning Staff and the
Road Department to provide any additional information necessary to ensure that the Harper Plat
can be vacated in a prompt and efficient manner.
C. 368-366, Ownership of vacated property.
(1) When a county governing body vacates public property under
ORS 368.326 to 368.366, the vacated property shall vest as
follows:
(a) If the county holds title to the property in fee, the property
shall vest in the county.
1 OCADocuments and Settings\twalker\Locat Settingffemporary Intemet Files\OLK9\g
Exhibit "A"
Page 16 of 21
(b) If the property vacated is a public square the property shall
vest in the county.
(c) Unless otherwise described in paragraph (a) or (b) of this
subsection, the vacated property shall vest in the rightful owner
holding title according to law.
(d) Except as otherwise provided in this subsection, the 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.
(2) Notwithstanding subsection (1) of this section, a county
governing body may determine the vesting of property vacated
under ORS 368.326 to 368.366 in the order or resolution that
vacates the property.
Title to the portions of the Harper Plat dedicated as road rights-of-way will vest in
the underlying fee owners, SRLP and Midstate. The order or resolution vacating the Plat should
specify the vesting of the vacated areas in the respective parties as follows:
"Title to all public rights-of-way within the following portion of
the official Plat of Harper Crook County Oregon, located within
Section 8, Township 20 South, Range 11 East, Willamette
Meridian, Deschutes County, (formerly Crook County) shall vest
in Midstate Electric Cooperative, the underlying fee owner:
Lots 1, 2, 3, 4, 5, 6, 21, 22, 23, 24, 25, 26, and the
north 7.5 feet of lots 7 and 20 in Block One, and
that portion of the alley and 30 feet of First Avenue,
Second Avenue, and Division Street adjacent to said
lots.
Title to all public rights-of-way within the remainder of the official
Plat of Harper Crook County Oregon, located within Section 8,
Township 20 South, Range 11 East, Willamette Meridian,
Deschutes County, (formerly Crook County) shall vest in Sunriver
Resort Limited Partnership, LLC, the underlying fee owner."
4. Conclusion
As demonstrated above, the proposed vacation of the official Plat of Harper
complies with the applicable statutes and is in the public interest. Therefore, the Applicants
respectfully request that the County Road Department issue a report recommending vacation of
the Plat, and the Board of County Commissioners pass a resolution or order vacating the Plat in
its entirety, as required by Condition No. 12 of CU-05-7.
11 CADocuments and Settings\twalker\Local Settings\Temporary Internet Files\OLK9\@
Exhibit "A"
Page 17 of 21
EXHIBITS
Exhibit A: Harper Plat map and Tax Map
Exhibit B: FMP Map of Caldera Springs Resort
Exhibit C: Kittelson Memoranda & Traffic Impact Analyses
Exhibit D: Memorandum From County Traffic Engineer Gary Judd
I2CADocuments and Settings\twalker\Local Settings\Temporary Intemet Fi1es\OLK9\g
TES C Exhibit "A"
n Page 18 of 21
Z~
D M. Diu {
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
TO:
Will Groves, Associate Planner
FROM:
Gary Judd, Traffic Engineer
DATE:
February 14, 2005
SUBJ:
Sunriver III, Traffic Impact Analysis, CU-05-7
Recently a report for the Traffic Impact Analysis (TIA) of the traffic impacts that a new
destination resort on South Century Drive would have on Deschutes County's road
system was submitted to the County for review. The report was prepared by Julia Kuhn
of Kittelson & Associates, Inc. and is part of a land use application. In addition to the
Kittelson's report I have received a report of a traffic study from the Oregon Department
of Transportation's Transportation Planning Analysis Unit (TPAU) concerning the roads
in the Sunriver area.
Both reports generally agree on the existing traffic volumes on South Century Drive and
Spring River Road. The traffic volumes appear to be slightly higher that those counted
by Deschutes County Road Department.
Since Deschutes County does not have adopted performance standards for traffic
congestion and mobility, the standard that is generally used by the Road Department is a
minimum Level of Service (LOS) of "D" in the year 2020. The year 2020 is being use
as the future year since many transportation plans use this year to estimate future traffic
congestion.
The following is a comparison of the reports at the critical intersections:
LEVEL OF SERVICE - YEAR 2020 - without develo ment
MAIN ROAD
SIDE STREET
KITTELSON
TPAU
South Century Dr.
Abbot Dr.
F
F
South Century Dr.
Venture Ln.
B
C
South Century Dr.
Spring River Rd.
F
F
South Century Dr.
Crosswater access
D
F
Two of the intersections in the study area will exceed the design level of service by the
year 2020, if no improvements are made to the road system. South Century Drive/Abbot
Drive intersection will fail in the next five years regardless of any new development.
Since both studies show failure at two critical intersections with the existing traffic
volumes, the Road Department will not recommend that any new developments be
approved in this area until a method of solving the traffic problems has been
accepted.
Exhibit-"4" Quality Services Performed with Pride
Exhibit "A"
Page 19 of 21
Both studies suggest possible improvements to make the intersections on the north end of
South Century Drive operate in an acceptable level of service. The TPAU suggestion is to
build a by-pass of Sunriver. The by-pass would go west from Spring River Road, using
existing right-of-ways in the Townsite of Harper, cross Forest Service land and tie back
into South century Drive east of Sunriver. A draft of the Sunriver III development shows
homesites in the possible road alignment.
The Kittelson report (Conclusions and Recommendations section) shows the following
solutions to the traffic congestion problems:
A single lane roundabout constructed at Abbot Dr. / South Century Dr.
intersection.
A turn lane for north bound traffic be. constructed at the Spring River Rd. / South
Century Dr. intersection.
South bound turn lane be constructed on South Century Drive at the entrance to
the proposed development
A difference in the LOS at the Spring River Rd. / South Century Dr. and Abbot Dr. /
South Century Dr. intersections occurs between the TPAU and Kittelson reports after the
improvements have been made. In simple terms the Kittelson reports says that these
intersections will operate acceptably until the year 2020 and TPAU says that the
intersections will fail by the year 2027 even with the improvements are made.
In trying to locate the differences between the two traffic studies I found the biggest
difference to be in the volumes of traffic in the future. The TPAU study was for the year
2027 and the Kittelson study was for the year 2020. To make these studies equal I reduce
the volumes in the TPAU report by 3% per year. I then compared the volumes and found
some large differences (exceeding 100 vph) in some of the volumes for a specific
movement. Since I do not have information how the two reports assigned trips to specific
movements I looked at two methods of determining future traffic volumes; the first was
to average the volumes from the reports and the second was to take the agreed on 2004
volumes and increase them by 3% per year until the year 2020. I then entered those
volumes into a computer program called "HCS2000" to obtain the Level of Services.
The program showed that if the intersections are improved as described in the Kittelson
Report they will meet the County's minimum operational standards for an intersection in
the year 2020.
The timing of these improvements is critical since the intersections will likely fail in the
next five years. This of course is somewhat dependent on the speed of development.
Exhibit "A"
Page 20 of 21
Based on the information in my review of the reports of the Traffic Impact Analysis the
Road Department suggests that the following conditions of approval be included in CU-
05-7.
1. Road design for the internal subdivision roads shall be in accordance with DCC
#17.48.180 "Private roads".
2. A traffic mitigation plan shall be prepared by the applicant that addresses the
schedule of improvements and assigns costs to the parties involved shall be approved
by the County before the approval of the subdivision master plan.
3. Turn lanes at the entrance of the development shall be designed and constructed in
accordance with Oregon Department of Transportation's Standards and
Specifications.
4. A right turn lane at the intersection of Spring River Road and South Century Drive
for traffic north bound on South Century Drive shall be designed and constructed in
accordance with Oregon Department of Transportation's Standards and
Specifications.
5. A roundabout at the intersection of South Century Drive and Abbot Drive shall be
designed and constructed in accordance with Oregon Department of Transportation's
Standards and Specifications.
6. Construction plans for both the internal roads and improvements to South Century
Drive shall be approved by the County Road Department prior to commencement of
construction.
7. Roads and bike paths shall be surveyed and staked in accordance with DCC
#17.48.200.
8. All easements of record or existing right-of-ways shall be shown on the final plat.
9. Applicant shall prepare and submit for approval a drainage plan in accordance with
DCC #17.48.190. The drainage system shall be designed to contain the entire rainfall
from a design storm consisting of 1.5 inches of rain.
10. Road construction plans shall be approved by the County Road Department prior to
commencement of construction in accordance with DCC #17.48.020.
11. Roads shall be surveyed and staked in accordance with DCC 17.48.200.
12. The applicant shall construct all improvements under the inspection and approval of
the Deschutes County Road Department Director. The Director may accept
certification of improvements by a professional engineer consistent with ORS 92.097.
Exhibit "A"
Page 21 of 21
13. The surveyor or engineer submitting the plat shall submit information showing the
location of the existing road in relationship to the road right-of-way, on behalf of the
applicant, to the County Road Department. This information can be submitted on a
worksheet and does not necessarily have to be on the final plat. All existing road
facilities and new road improvements are to be located within legally established or
dedicated right-of-ways. In no case shall a road improvement be located outside of a
dedicated road right-of-way. If research reveals that inadequate right-of-way exists or
that the existing roadway is outside of the legally established or dedicated right-of-
way, additional right-of-way will be dedicated as directed by the Deschutes County
Road Department to meet current County standards.
DESCHUTES COUNTY VACATION
PLAT OF HARPER
LEGAL DESCRIPTION
Plat of Harper, Crook County Oregon, described by Robert B. Gould in 1910 as located in Section 8,
Township 20 South, Range 11 East, Willamette Meridian, being more particularly described as:
Beginning at the initial point, the north quarter section corner of said Section 8, thence West 808.64 feet;
thence S3°22' 15"W, 1,342.34 feet along the easterly boundary of the Oregon Trunk Railroad Station
grounds; thence S89°55'00"East, 879.09 feet; thence S89°40'46"East, 633.19 feet; thence North 1,339.65
feet; thence North 89°31'29" West, 624.68 feet to the place of beginning.
EXHIBIT "B"
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FOR PLAT OF HARPER
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SUNRIYER DESCHUIES CO. OREGON
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EXHIBIT "C"
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 OCTOBER 26, 2005, AT 10:00 A.M. IN THE DESCHUTES
COUNTY SERVICES BUILDING IN THE BOARD OF COMMISSIONER'S HEARING ROOM,
1300 NW WALL STREET, BEND, OREGON, ON THE PROPOSED VACATION OF THE PLAT
OF HARPER PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY
APPEAR AND BE HEARD.
REQU
HOLDER. VENDOR OR SELLER: ORS CHAPTER
In response to a petition by landowners, Deschutes County initiated the vacation of the Plat
of Harper, located in Section 8, Township 20 South, Range 11 East, Willamette Meridian 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 Road Department, 61150 S.E. 27th Street, Bend,
Oregon, (541) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
PUBLISHED: Bulletin - October 6, 2005 and October 16, 2005
POSTED: October 6, 2005
MAILED: September 26, 2005