2007-131-Order No. 2007-068 Recorded 3/1/2007REV EWED
LEGAL COUNSEL
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS VJ 2007-131
COMMISSIONERS' JOURNAL ,
2007-131
03/01/2007 04,35,46 PM
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 a portion of SW 63rd Street in
Redmond, Deschutes County, Oregon,
setting a date for a public hearing, and
providing for public notice of said hearing
ORDER NO. 2007-068
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, initiated the vacation by Resolution Number 2007-019 dated on
February 28, 2007; 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 a certain dedicated
public road known as a portion of SW 63 Id Street, Exhibit "A", attached hereto
and by this reference incorporated herein, is hereby accepted and hereby
approved.
Section 2. That on Wednesday, April 11, 2007, at 10:00 a.m. at the
Deschutes County Commissioner's Hearings Room, Deschutes County Services
Center, 1300 NW Wall Street, 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. 2007-068
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.
2Q'V~ '
DATED this 7 day of AkW , 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
6"J-A,
Recording Secretary
MICHAEL M. DALY, y air
DENNIS R. LUKE, Vice-Chair
TAMMY B EY, Commi ioner
Page 2 of 2 - Order No. 2007-068
TO:
FROM:
DATE:
SUBJECT
C Q-
Engineer's Report
Board of County Commissioners
Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
George Kolb, County Engineer, Deschutes County Road Department
February 16, 2007
Vacation of a portion of 63`d Street located in the Christie Acres subdivision
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 signed by William and Beccy Wren, Martin and Catherine
Wilson and John Brumley to have a portion of 63`d Street located in the Christie Acres
subdivision vacated. The petitioners are owners of all three lots that border this right-of-way.
The Wrens have requested the vacation because they have a shop building which is located
within the public right-of-way and it would be expensive to relocate the building onto their
property. This portion of the right-of-way is a dead end and is not used by the traveling public.
extended to the south and east to connect into the Coyote Avenue/581h Street intersection.
I made a field trip out to the site and found that the right-of-way is only used as a driveway for
the Wren property. Mr. Brumley's property has frontage on 58th Street and the Wilson's have
frontage on Zenith Avenue so this vacation does not affect access to their parcels. The
petitioners have agreed that the entire portion of the vacated right-of-way will vest with the
Wrens's. In looking at the zoning of the parcels in the area, there is no reason for 63`d to be
Discussion:
The Road Department mailed preliminary notices of the proposed vacation to the affected
utilities and agencies. Their responses are as follows:
Bend Broadband: No response.
Central Electric Co-op: No response.
COI Irrigation: No response.
Quality Services Performed with Pride
Exhibit "A"
Page 2 of 6
Pacific Power and Light: Response from Dave Munson, New Connects Manager, "Pacific
Power has a power pole, pad mount transformer and underground distribution conductor in the
proposed vacation. See attached map. Utility easement is needed. " The Wrens have worked
with Pacific Power on granting an easement for their facilities. This easement will be signed and
recorded after the vacation is signed by the Board of County Commissioners and recorded with
the Clerk's Office. Attached to this engineers report as Exhibit "1" is a letter from Pacific Power
indicating they have no objection to the pending road vacation application.
Qwest Communications: The Road Department received a letter from Qwest indicating that
they had facilities in the area to be vacated and that an easement would have to be provided. See
attached Exhibit "2".
The Wrens have worked with Qwest on granting an easement for their facilities. This easement
will be signed and recorded after the vacation is signed by the Board of County Commissioners
and recorded with the Clerk's Office. Attached to this engineers report as Exhibit "3" is a letter
from Qwest indicating they have no objection to the pending road vacation application.
Redmond Fire Department: No response.
Deschutes County Community Development: Response from Kevin Harrison, Principal
Planner, "Our concern is that if all of the proposed vacation takes place, Lot 4, Block 3 becomes
a nonconforming lot with respect to the minimum lot frontage requirement of 50 feet. Since
there would be no cul-de-sac bulb, the 50 foot road frontage standard would still apply (as
opposed to 30 feet on the bulb of a cul-de-sac DCC 17.36 180 (A)). " Since all the vacated
property will vest with the Wren property, they will have 60 feet of frontage. Kevin's comment
came from the assumption that the vacated property will be split between the parcels.
Bureau of Land Management: No response
Findings:
Based upon 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 for road purposes on the official plat
of Christie Acres recorded and filed in 1980 in the office of the County Clerk, Deschutes
County, Oregon
2. A utility easement will be granted to Pacific Power and Qwest by the Wrens after the
vacation is signed and recorded.
3. The vacation will return this portion of the right-of-way to the tax roles.
Exhibit "A"
Page 3 of 6
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it
returns the right-of-ways to the tax roles and allows the property owner to better utilize their
property. The Road Department recommends that the Board approve the vacation of the parcels
as described in Order No. 2007-069 subject to the following conditions:
1. No opposition to thevacation is reported to the County prior to or during the public
hearing.
2. The vacated property shall vest entirely with tax lot 1512250000503 owned by the
Wrens.
'W51, R ACIFIC POWER
4 A DIVISION OF PACIFICORP
Exhibit "A"
Page 4 of 6
825 NE Multnomah
Portland, Oregon 97232
February 1, 2007
Deschutes County Public Works
Attn: George Kolb
61150 SE 27th Street
Bend, OR 97702
Re: Vacation of North Hunt Street
Dear Mr. Kolb;
CM®
FEB 0 5 2007
DESCHUTES Co
ROAD DEPT
The intent of this letter is to inform Deschutes County public works of Pacific Power's
position on the request to vacate a portion of 63rd Street made by William Jonathan and
Beccy Wren.
Pacific Power is currently working with the Wrens, they will grant an easement to Pacific
Power for the existing underground electric facilities. Since an easement will be granted
to Pacific Power, we will not need Deschutes County to reserve us an easement in the
vacation ordinance.
Pacific Power has no objection to the pending road vacation application filed by William
Jonathan and Beccy Wren.
Should you have any questions or concerns please do not hesitate to phone me at 503-
813-5889.
Sincerely,
L
Maggie o y
Pacific Power
Right-of-Way Services
825 NE Multnomah Street, Suite 1700
Portland, OR 97232
Cc: Stephen Dixon
805 SW Industrial Way, Suite 5
Bend, OR 97702
Exhibit "1"
Exhibit "A"
Page 5 of 6
October 27, 2006
The Road Department
Attn: Wanda Callahan
61150 SE 27th Street
Bend, Oregon 97702
8021 SW Capitol Hill Rd.
Portland, OR 97219
RECEIVED
W"' 3 0 2006
DESCHUTES CO
ROAD DEPT
RE: Proposed Vacation of a Portion of SW 63rd Street
Dear Ms. Callahan,
In response to your vacation notification dated October 20, 2006, I have reviewed this area with
our engineer and determined that Qwest currently has facilities in the above mentioned area.
While Qwest has no objection to the proposed vacation, it is imperative that Qwest rights be
preserved in this area.
If this is to become private property, a perpetual non-exclusive easement to Qwest would be
acceptable; we are willing to work with the owner for this easement. If this is to remain a public
right-of-way, please verify the rights of Qwest Corporation will be retained during and after this
change. Please advise if there is any action Qwest needs to take to insure our rights are retained.
If you have any questions, please feel free to give me a call at 503-242-6376. Thank you for the
opportunity to respond on this proposal: Also, Florence Mott has retired and I have taken her
position, please change your records to reflect my name, same address, & telephone number.
Thank you.
Sincerely
QWEST CORPORATION
C ~0,/~~~
Lynn M Smith
Manager, Right-of-Way
Oregon
8021 SW Capitol Hill Rd
Portland, Oregon 97219
Exhibit "2"
8021 SW Capitol Hill Rd.
Portland, OR 97219
January 30, 2007
Deschutes County Public Works
Attn: George Kolb
61150 SE 27th Street
Bend, Oregon 97702
Exhibit "A"
Page 6 of 6
ECEIV°
FEB 0 5 2007
DESCHUTES CO
ROAD DEPT
RE: Proposed Vacation of a Portion of SW 63rd Street - Wren
Dear Mr. Kolb,
This letter is to further address the vacation notification dated October 20, 2006 you sent to
Qwest for review and comment, for a portion of 63rd St, east of the Wren's property Tax Lot 503
on Map 15 12 25. We have a pending agreement for a private easement from the Wrens that will
cover our facilities in this area, upon completion of the vacation process. Therefore Qwest has no
objection to the vacation of this portion of 63`d St. Please advise Qwest of the County decision on
this proposal, so we may take the appropriate actions.
If you have any questions, please feel free to give me a call at 503-242-6376.
Sincerely
QWEST CORPORATION
Lynn M Smith
Manager, Right-of-Way
Oregon
8021 SW Capitol Hill Rd
Portland, Oregon 97219
Cc: Stephen Dixon
Cc: Wm Jonathan and Beccy Wren
EXHIBIT "3"
EXHIBIT "B"
Description of the Portion of the Road Proposed to be Vacated Pursuant to Petition
for Road Vacation Filed by William Jonathan Wren and Beccy Wren
In Deschutes County, State of Oregon:
That portion of 63rd Street in Christie Acres Subdivision consisting of a strip of land
approximately 60.00 feet in width described as follows:
Beginning at the Northeast corner of Lot 4, Block 3, of Christie Acres a subdivision in
Section 25, Township 15 South, Range 12 East, of the Willamette Meridian as filed on
March 18, 1980 in the office of the Deschutes County Clerk; thence North 89°53'36"
East a distance of 60 feet more or less to a point on the west boundary of Lot 5, Block 1,
of Christie Acres Subdivision; thence South 15°29'06" East along the west boundary of
said Lot 5, Block 1, of Christie Acres Subdivision to the southwest corner of said Lot 5,
Block 1, thence South 89°52'21" West along the south boundary of Christie Acres
subdivision a distance of 62.22 feet more or less to the southeast corner of Lot 4, Block 3,
of Christie Acres Subdivision, thence North 15°29'06" West along the east boundary line
of said Lot 4, Block 3, of Christie Acres Subdivision a distance of 359.01 feet more or
less to the point of beginning.
Page 1
W:\Sdd\Cients\T - Z\WREN PARTNERSHIP\Road Vacation\.doc.
10/17/06
63rd St Vacation
Locator Map
0 100 200 400 600 800 Feet
® September 25, 2005
Legend
Taxiots
Deschutes River
.P Deschutes County Road Department
C- d
By:
John Anderson, GIS Specialist
CLUE i Phone: (541( 322-7102
❑❑LL Email:johna@co.deschutes.or.us
Address: e61150 SE end, O 27th SC
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 ofthis
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 arty errors will be appreciated.
P: VArcGIS_Projects\Vacations\63rd\
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 APRIL 11, 2007, AT 10:00 A.M. IN THE DESCHUTES COUNTY
BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1300 NW
WALL STREET, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING
DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD.
NOTICE T
In responsed to a petition by landowners, Deschutes County initiated the vacation of a
portion of SW 63` Street, located in Redmond, 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
MICHAEL M. DALY, Chair
PUBLISHED: Bulletin - March 22 and April 1, 2007
Spokesman - March 21 and March 28, 2007
POSTED: March 22, 2007
MAILED: March 12, 2007