2015-434-Order No. 2015-043 Recorded 10/1/2015 NANCYUBLANKECOUNTY OFFICIAL NSHIP, COUNTY CLERKDS ICJ &VIVITO
COMMISSIONERS ' JOURNAL
10/01/2015 03:45:18 PM
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Deschutes Count y Clerk
Certificate Page
NANCYUBLANKCOUNTY OFFICIAL ENSHIP, COUNTY CLERK
2015-4OCQ1
REVIEWED + 90
LEG ( 11111111111111111111111111111 I 1111111111E NO FEE
s 01022358201500406870100100
10/01/2015 03:39:05 PM
D-V Cntzl Stna4 SRB
This is a no fee document
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of Otter
Drive Located North of Eagle Court in
Deschutes County, Oregon, * ORDER NO. 2015-043
*
WHEREAS, proceedings for vacating a portion of portion of Otter Drive located
north of Eagle Court in Deschutes County, Oregon, were initiated by a petition filed by
owners of property abutting said road and trails pursuant to ORS 368.341(1) (c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said owners'
approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Road Official has prepared and filed with the Board a written report
pertaining to the vacation; and
WHEREAS, said report contains the County Road Official's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1 That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Road Official's written report, attached as Exhibit "B"
and by this reference incorporated herein, is hereby accepted and approved.
Page 1 of 2 —ORDER NO. 2015-043
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That the property, vacated in Section 3 herein shall vest the in the
rightful owner holding title according to law, in accordance with ORS 368.366(1)(c).
Section 5. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 6. That this Order shall be recorded with the Deschutes County Clerk,
and copies shall be filed with the Deschutes County Surveyor and County Assessor.
Dated this „-/K of , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
. ALAN UNGER, Vice Chair
ATTES
Recording Secretary TAMMY BANEY, Cq issioner
Page 2 of 2 —ORDER NO. 2015-043
EXHIBIT "A"
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: ,A Roo-r7oKJ o f 077Y pi'I Llg Loci &h
OP 614L(.t_ LT_
Located in , Deschutes County.
Reason for road vacation request: Web (2.6*1co CIS 64. 4u t LT 1ti T)# c loc ,,)
Gfr-r- USe o W4.-3-La,,.4o IsSuc
DATED this 2- 'I-day of �i-1- y , 20 / 1-j T
PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP
id(( At''i;i A. 5 3C%) ®fit,. . ,4''vt 6°- 9773%
STATE OF OREGON )
ss.
County of (D - 73 )
On this 12a day of (\\.)," 0 ' , in the year 20 IS, before me, a Notary Public, personally appeared
"Oa;s,AL:7) \ko A t. ,.2 1--1 Lr personally known to me (or proved to
me on the basis of satisfactory evid nce) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged tha he executed it.
WITN riS c m c h an/\ d offic�ia
l seal
,
45,-. -J OFFICIAL SEAL
NICOLE A ALLISON Notary Public for Oregon.
NOTARY PUBLIC-OREGON My Commission expires: ---eJ3 Y 1 gOt(,L,
?:,rr-' COMMISSION NO.465639
MY COMMISSION EXPIRES FEBRUARY 10,2016
Page 1 of 2
0.,JTeSr
° { Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 23, 2015
Please see directions for completing this document on the next page.
DATE: September 14, 2015
FROM: George Kolb Road Department 322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2015-043, Vacating a portion of Otter Drive Located North of
Eagle Court in Deschutes County, Oregon,
PUBLIC HEARING ON THIS DATE? NO. This is a 100%vacation and no public hearing is
required per ORS 368.351.
BACKGROUND AND POLICY IMPLICATIONS:
TThe Road Department was contacted by Darreld Kerlin, 53910 Otter Drive, concerning the vacation
of a portion of Otter Drive located north of Eagle Court in Deschutes County, Oregon. This section of
Otter Drive was dedicated to the public by the plat of Lazy River South in 1968. In 1975,the Board of
County Commissioners signed an Order recorded in Vol. 21, Page 524 that vacated Lots 11 through 21
of Block 2, Lazy River South. All of these lots had frontage on the portion of Otter Drive to be
vacated. In researching the reason for this lot vacation, all staff could find was a notation in the minutes
from the Commissioners meeting dated 11/recorded in Vol. 21, Page 518 that stated, "At this time the
Commission upon the recommendation of the Planning Commission ordered the vacation of Lots 11
through 21 of block 2, and lots 32 through 42 of block 3, all in Lazy River South." As a result of the lot
vacation,there is no need for this portion of Otter Drive to exist as it is not needed for access to any
buildable lots. This right of way is also located in a designated wetland per the South Deschutes
County Local Wetlands Inventory Map, Map J.3, Sheet 28 of 57. Since there is no reason for
constructing a road in this right-of-way,the applicant would like to vacate the right-of-way to allow
him to better utilize his property. Signature of Order No. 2015-043 will finalize the vacation of the
right-of-way
FISCAL IMPLICATIONS:
None. All fees for this vacation process have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Order No. 2015-043
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila Odle (ext. 7148) at the Road Department
Otter Drive Vacation
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---_—__-- Printed: August 27, 2015 Road Centerlines
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Deschutes County's GIS, Care was taken in the creation of this
map,but it is provided"as is". Deschutes County cannot accept any 11
--- - Rivers
I Taxlots
orb ,e, r., John Anderson,GIS Analyst
'7,7' , _
Phone'(541)322-7102
Email:John.aneersonigde5or utes.org
.#100 Address:51150 SE
-r esponsibility for errors,omissions,or positional accuracy in the digital 27th St
droffnii { ES41-4-i,OR 9/.702
0 Cl 0 > data or the underlying records. There are no warranties,express or
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t particular purpose,accompanying this product, However.notification
of any errors will be appreciated. p:\ArcGls_ProjeCts\vacations\Otter Dr
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p/141c(111k { Road Department
61150 SE 27th St. •Bend,Oregon 97702
(541)388-6581 •FAX(541)388-2719
Exhibit B
Page 1 of 3
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: September 11, 2015
SUBJECT: Vacation of a portion of Otter Drive located north of Eagle Court in Deschutes County,
Oregon
This report is made pursuant to ORS 368.351, concerning the vacation of property without a public
hearing. A county governing body may make a determination about a vacation of property without a
public hearing if:
(1) The county road official files with the county governing body a written report that contains
the county road official's assessment that any vacation of public property is in the public
interest; and
(2) The proceedings for a vacation were initiated by a petition that contains acknowledged
signatures of 100 percent of the property owners abutting any public property to be vacated.
Background:
The Road Department was contacted by Darreld Kerlin, 53910 Otter Drive, concerning the vacation of a
portion of Otter Drive located north of Eagle Court in Deschutes County, Oregon. This section of Otter
Drive was dedicated to the public by the plat of Lazy River South in 1968. In 1975, the Board of County
Commissioners signed an Order recorded in Vol. 21, Page 524 that vacated Lots 11 through 21 of Block
2, Lazy River South. All of these lots had frontage on the portion of Otter Drive to be vacated. In
researching the reason for this lot vacation, all staff could find was a notation in the minutes from the
Commissioners meeting dated 11/ recorded in Vol. 21, Page 518 that stated, ''At this time the
Commission upon the recommendation of the Planning Commission ordered the vacation of Lots 11
through 21 of block 2, and lots 32 through 42 of block 3, all in Lazy River South." As a result of the lot
vacation, there is no need for this portion of Otter Drive to exist as it is not needed for access to any
buildable lots. This right of way is also located in a designated wetland per the South Deschutes County
Local Wetlands Inventory Map, Map J.3, Sheet 28 of 57. Since there is no reason for constructing a road
Exhibit B
Page 2 of 3
in this right-of-way, the applicant would like to vacate the right-of-way to allow him to better utilize his
property.
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the area to
determine if there was any interest in maintaining a utility easement. The following are the utilities
notified and their response to the vacation:
Cascade Natural Gas: No Response
Crestview Cable: No Response
Mid-State Electric: No Response
Pacific Power: No Response
CenturyLink: No Response
La Pine Fire Department: No Response
Deschutes County Community Development Department: Response dated August 31, 2015 from Paul
Blikstad, "This vacation makes good sense as this property is all wetlands &floodplain. The road will
likely never be built"
Deschutes County Legal Department: 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 Road Department has verified that a petition under ORS 368.341 has initiated proceedings for
this vacation and contains the acknowledged signatures of the owners of 100 percent of the
property abutting the proposed vacation.
2. The portion of right-of-way being vacated is no longer needed for public roadway purposes
3. No utility easement will be required.
4. The vacation will allow the applicants to better utilize their property.
Exhibit B
Page 3 of 3
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 owners to better utilize their properties. The Road
Department recommends that the Board approve the vacation of the right-of-way as described in the
attached Order No. 2015-043 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2015-043
2. No opposition to this vacation is received by the Road Department or Board of County
Commissioners prior to signature of Order No. 2015-043.
FRESHWATERS SURVEYING, INC.
SCOTT C. FRESHWATERS, PLS, PRESIDENT
Exhibit"C"
Page 1 of 2
OTTER DRIVE VACATION
A portion of Otter Drive dedicated to the public by the recording of the plat of Lazy River South
8/29/1968 in Deschutes County Clerk's Plat Cabinet A, Page 171 and being more particularly
described as follows:
All.of that portion of said Otter Drive lying northerly of a line projected from the intersection of
the northerly right of way line Eagle Court with the westerly right of way line of Otter Drive to the
southwest corner of Lot 12 in Block 2 of said Lazy River South.
REG}STEREO
PROCESSIONAL
LAND .URVEYOR
• rr
ORE co
JANUARY 4. 111167
SCOTT
S/VTT C ••• • 117A(1GA7
sua
/2-3j- 2 / S"
P.O. BOX 4524 • SUNRIVER. OR 97707 • VOICE/FAX: (541 ) 593-1792
Exhibit"C" UtJtt1U I t t:VUIN I T
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