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2015-445-Resolution No. 2015-096 Recorded 10/2/2015 COUNTY OFFICIAL t REVIEWED NANCY UBLANKENSHIP, COUNTY CLERK CJ 2015 44 c COMMISSIONERS' JOURNAL 10/02/2015 09:48:25 AM LEGAL COUNSEL i1LIJiIdjjj!JIIIIIIIIIWIIII .. ._.....- Zvi ...�o......��.-....r. ___�r BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of a portion of Otter Drive Located North of Eagle * Court in Deschutes County, Oregon, * Describing the Property Proposed to be * RESOLUTION NO. 2015-096 Vacated, the Reasons for the Vacation, and * Requesting that the County Road Official file * a Report. * WHEREAS, the owner of the land abutting the proposed right-of-way to be vacated, petitioned for vacation of a public road known as a portion of Otter Drive located north of Eagle Court, 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 of Otter Drive located north of Eagle Court 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 Road Official shall file a 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 R1 esolution. DATED this day of _ i r1r , 2015. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ATTE ►: 6:641. 1144 - ALA LAGER, VIC CHAT Recording Secre•-ry TAMMY B1,0\ ;,1''''\- tfttlISSIONER PAGE 1 OF 1 -RESOLUTION NO.2015-096 FRESHWATERS SURVEYING, INC. SCOTT C. FRESHWATERS, PLS, PRESIDENT 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. REGISTERED PROFESSIONAL LAND .,URVEYOR �Amuct y , 1187 SCOTT C "'. • WATERS f'hecvs 12-3/- 24/ 5- P.O. BOX 4524 • SUNRIVER, OR 97707 • VoICE/FAX: (541 ) 593-1792 DESCHUTES COUNTY 1" 200• SEE YAP 21 10 - ' 11 ( 12 /' r 1 N. 15 86.i 146.15 .1.6 a 5600 }4 3000 , 100 15 N. 14 S 341 ..• 13 ' 11-25 4.174 AC a ■1-26 5.110 11C / 3100 � yER-. � ! // P / 'Y.....- __ _- - ae.t6 411 3200 ',''D,,, '\�--�16 15.' 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AT 5 a �, • ,� 600 3901 ---'V-s /^.- 23 A� S PT 5 A $� _____,»_lb n —-` Pr 4 .>t ;1300 P 31 1900 9 Z05_I PT 4�v n_ '� +`� _ 25 'a W 700' 8 1`w° $ 4000 PT 4 �� 1800 CI 8 __ - 3�4,.\i ) ‘26 35.. 56 1700 800 l"-`-- +i��' ,' '�`-. ,77 irt. 1 r--'rte '.5 is 7 M1 a+.. : 7 4100 1_ , ,'1200 - :PT= 1500 1600 900 2 / >, - -/ 32 311 29 28 2.13.c 1100 C73 - 4200 I PT 33 - '..1400 30.A — 6 ` r \ � . ,57 c 5 4300 /ai J S L'")'‘- Vi" 6°• '" _46 .i •'161.+5 , ms ep. 1 .. 7'.77 1+.Jr /6.42 *!S , 1/4 C0 i S 46,24 - 40 I I SEE MAP 2i 10 13C / 4 1E8 810/4 ,. { 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 Resolution No. 2015-096, Initiating the Vacation of 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: 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 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 Resolution No. 2015-096 will initiate the vacation process. FISCAL IMPLICATIONS: None. All fees for this vacation process have been paid by the applicant. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of Resolution No. 2015-096 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Sheila Odle (ext. 7148) at the Road Department Otter Drive Vacation --7-- _. - --- ----- ------ . 7 \ / '1. ,-. - _ _ -- . , ,, r-- . I ,,....... /i ) I //1 / / . , \ \ i / / . 1 /1 / ..., /I / r / -, /I / '-- , /1 / /1 / / 1 / p / / • i "--------—r ; / / , 1 / 1 / ' Portion of Otter Drive i 1 / to be Vacated , I, ', _ _ I . , ____ , 1 / ._. - ---._ - - ---, c'e.,,," Eir ___■ \ ■,-P s i I."-1 I . I . .. . . I °j N ..._._ i ..... I 11 Locator Map _ 1 f I ZIN 'VE2.1*Iill Legend ' ...- Location of - : _: //t Printed:August 27, 2015 ■ ■ Portion to be Vacated State Highway Vacation — Road Centerlines 4 ki-:„ . _ Rivers .../........\ ., . . 4 I 1Taxlots The information on this map wets derived from cbli&debases on ... . Jo Anderson GIS iknatys",, z i= 11/ Deschutes County's G.I.S. Care was taken in the creation of this 41, ,,,-.At, ., ,,-„ ,7,1)3,2 1■17.7 LO Illap,but it is provided as is" Deschutes County cannot accept any '"ir , Mr0.1 !i,ii I,i I ,i Itlei--,r,:07,-,,-,ses,,i 06. ,, 7. responsibility for errors,orrissions,or positional acceracy in the ctgital data or the underlying records. There are no warranties,express or 4 ,Ictr,-; '3.1,-(1 ■All-7 IGIA, 0 -sow,oR:.,0., o',4041c -< . implied,indudng the warranty of merchantability or fitness for a I La Pine particular purpose,accompanying this product. However,notification Road Department i of any errors will be appreciated. -. PArcGIS_ProjectsWacations\Otter Dr