HomeMy WebLinkAboutOrder 020 - Vacate Portion - Camp Polk RdDeschutes 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 May 29, 2013
Please see directions for completing this document on the next page.
DATE: May 20, 2013
FROM: George Ko1b, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2013-020, Vacating a Portion of Camp Polk Road located
in Deschutes County, Oregon
PUBLIC HEARING ON THIS DATE? NO. The proceedings for the vacation were intiated by a
petition which contained the acknowledged signatures of 100 percent of the property owners abutting
the property to be vacated therefore per ORS 368.351, no public hearing is required.
BACKGROUND AND POLICY IMPLICATIONS:
In 1996, Aspen Lakes Development, LLC applied for a subdivision application with the Deschutes
County Community Development Department for Phases II -IV for the Golf Course Estates at Aspen
Lakes Subdivision (TP-96-873). One of the Conditions of Approval for this subdivision was that the
developer realign and provide a left tum refuge lane on Camp Polk Road at its intersection with
Highway 126. The developer completed this requirement but as a result of the realignment, the old
right-of-way for Camp Polk Road remained in place and has since become an area where people are
using it to sell cars and other wares to the general public. The developer would like to have the area
vacated and returned to him so he can landscape it and stop the use of the area by the public. In looking
through the subdivision file, there was correspondence between the Road Department and the developer
concerning this vacation and the Road Department agreed to go through the vacation process on the
right-of-way since the developer had dedicated and improved the intersection alignment. Signature of
this Order finalizes the vacation of Camp Polk Road
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Order No. 2013-020, vacating a portion of Camp Polk Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
After recording, please return a copy to Sheila Odle(ext. 7148) at the Road Department
I _ J;£VIEW D
7V(>-tU --
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of Camp *
Polk Road located in Deschutes County,
Oregon,
*
* ORDER NO. 2013-020
*
WHEREAS, proceedings for vacating a portion of Camp Polk Road located 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. 2013-020
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. That utility easements shall be reserved upon the vacated parcel for
existing utilities per Documents 2013-18554 and a document to be recorded in favor of
CenturyLink
Section 5. That the property, vacated in Section 3 herein shall vest with the
rightful owner holding title according to law, in accordance with ORS 368.366(1 )(c).
Section 6. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 7. 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 ___ of _____, 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DEBONE, Commissioner
Page 2 of 2 -ORDER NO. 2013-020
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:/J (.kLPQV\ of (\CJ.V'Iof fby;;.. e.Ax? TI:htr <Zem,UY\--e)
A£=reg CAtnp poLL Pow lU<i:s iif-L,IM..J lAl \1'\-' ihrettwAg 12l.,
Located in ___________, Deschutes County.
Reason for road vacation request: gll&>t*r ...0£-W(HI IS Y\.b LuYl'1§ kI"eJ=tJ ~
La,p~ fWfQLL4If
DATED this q~day of ~>/Jp~~r.L/t,-·____,20~.
PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP
matt &;.'C<L<;. ~
Notary Pub' for Oregon.
My Commission expires: ~5, c
201-:r
Page 1 of 2
EXHIBIT "A"
STATE OF OREGON }
) ss.
County of ______ )
On this __ day of , in the year 20_, 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: _______
STATE OF OREGON )
) ss.
County of ______ )
On this __ day of , in the year 20_, 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: _______
STATE OF OREGON )
) ss.
County of ______ )
On this __ day of , in the year 20_, 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.
~~~;a==.----SIGNA~
/U&zs; ~rrCn-.i;::>nrJce a S/.s:-Jr~ .JlR
ADDRESS )
TELEPHONE: $//-77/-Y'5lc&2
Page 1 of 2
Exhibit "8"
Road D
61150 SE 27th St.• Bend, Oregon 97702
(541) 388-6581 • FAX (541 J 388-2719
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: May 20, 2013
SUBJECT: Vacation of a portion of Camp Polk Road
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:
In 1996, Aspen Lakes Development, LLC applied for a subdivision application with the Deschutes
County Community Development Department for Phases II IV for the Golf Course Estates at Aspen
Lakes Subdivision (TP-96-873). One of the Conditions of Approval for this subdivision was that the
developer realigns and provides a left turn refuge lane on Camp Polk Road at its intersection with
llighway 126. The developer completed this requirement but as a result of the realignment, the old right
of-way for Camp Polk Road remained in place and has since become an area where people are using it to
sell cars and other wares to the general public. The developer would like to have the area vacated and
rcturned to him so he can landscape it and stop the use of the area by the public. In looking through the
subdivision file, there was correspondence between the Road Department and the developer concerning
this vacation and the Road Department agreed to go through the vacation process on the right-of-way
sinee the developer had dedicated and improved the intersection alignment.
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the area to
dctermine if there was any interest in maintaining a utility easement. The following are the utilities
notified and their response to the vacation:
Quality Services Performed with Pride
Exhibit "B"
Bend Broadband: Received a phone call from Bend Broadband indicating that they did not have any
facilities within the right of way to be vacated.
Cascade Gas: No Response
Central Electric: Response from Pamelli Perkins dated March 23, 2013, ..CEC has facilities in the area
of the proposed vacation and is requesting an easement be reserved." On March 24, 2013, I informed
the petitioner, Matt Cyrus that he will have to work with CEC to grant them an easement for any
facilities they may have in the right-of-way to be vacated.
May 10,2013: A letter was submitted to the County from CEC by Pamelli Perkins, Land and Right of
Way Specialist stating, "Since the recordation of the attached Central Electric Cooperative Power Line
Easement #2013-18554 dated 0510612013; Central Electric Cooperative is favorable to the right of way
vacation. "
Central Oregon Irrigation District: No Response
Laidlaw Water: No Response
Pacific Power: No Response
I)G T: No Response
CenturyLink: Response from Lynn Smith, Right-of-way Manager, "At this time we have no issues with
the proposed vacation provided provisions are made to retain our rights by either a PUE or private
easement to cover our existing & future facilities, the preservation of our rights is imperative." On
March 26, 2013, I informed the petitioner, Matt Cyrus that he will have to work with Centurylink to
grant them an easement for any facilities they may have in the right-of-way to be vacated.
May 17,2013: I received an e-mail from Lynn Smith, CenturyLink Right of Way Manager, "We have
been working with Matt Cyrus regarding an easementfor the CenturyLinkfacilities in the vacation area.
We currently have an agreement and am working with Matt tojinalize with the original document. ffeel
we have what we need in this situation to cover CenturyLink when this area is vacated. "
Squaw Creek Irrigation: No Response
Swalley Irrigation: No Response
Tumalo Irrigation: No Response
Cloverdale Fire Department: No Response
Deschutes County Community Development Department: Response from Paul Blikstad dated April
12,2013, "f don't see any issues with this. "
ODOT: ODOT responded with the letter attached as Exhibit "1" to this Engineers Report. They are in
favor of the vacation and but are keeping the option open for the future dedication of right of way along
Exhibit "B"
I Iighway 126 by the applicant for tum lanes at this intersection per Condition of Approval Number 14
from the Findings and Decision for TP-96-873.
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 right-of-way is no longer needed for public roadway purposes
3. A utility easement does have to be retained on the right-of-way being vacated. This has been
accomplished through Document 2013-18554 for Central Electric Cooperative and a document to
be recorded after the finalization of the vacation for Century Link.
4. The vacation will allow the applicants to better utilize their property.
Recommendation;
[t 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 parcels as described in the attached
Order No. 2013 -020 subject to the following conditions:
1. The vacated property shall vest in the rightful owner holding title according to law pursuant to
ORS 368.366 (l)(c).
5. A utility easement will be retained on the vacated property per documents 2013-18554 (Central
Electric Cooperative and a document to be recorded after the finalization of the vacation for
Century Link.
2. No opposition to the vacation is reported to the County prior to this meeting.
I
Department of Transportation
District 10 Office
Exhibit "1" 63055 N. Hwy 97
Page 1 of 1 Bend, OR 97701
(541) 388-6192
FAX: (541) 388-6022
April 23, 2013
APR ? ~ 2013Deschutes County Road Department
Attn: Sheila OdIe
61150 SE 27th Street
Bend, Oregon 97702
RE: Vacation of a portion of Camp Polk Road
The Oregon Department of Transportation appreciates the opportunity to comment on the
County's intent to vacate a portion of Camp Polk Road to Aspen Lakes Development LLC.
ODOT has no immediate concerns with the County's proposed vacation. Nonetheless, because
there is a strong possibility that growth in background traffic or future development in the area
may require the need for roadway improvements at the intersection of Camp Polk Road and
Highway 126, ODOT will continue to rely upon the approval criteria in the Deschutes County
Community Development Department's Findings and Decision for TP-96-873 which requires the
landowners dedication of right-of-way to the ODOT.
Specifically, ODOT would like to draw the County's and Aspen Lakes Development LLC
attention to the Conditions of Approval, number 14, located on page 12 of the decision, which
states:
"Developer shall meet thefollowing Deschutes County Road Department and ODOT
recommendations regarding the Camp PolklHighway 126 intersection: (b) Developer
shall dedicate right ofway along Highway 126for the widening ofthis highway to
include a left turn lane for east bound traffic and a deceleration lane for west bound
traffic attempting to turn onto Camp Polk Road. "
Thank you again for the opportunity to comment on the proposed vacation of a portion of Camp
Polk Road. Please do not hesitate to contact me with any questions or concerns you may have
regarding this correspondence.
Assistant District Manager
•
EXHIBIT-C'
Page 1 of3
SOUTHERLYPOINT OF
CURVE "C2" GOLF
ADDmoNALRiW ---1"-' COlJR.SEESTATES AT
PER DEED VOLUME ASPEN I..AKES PHASE I
496. PAGE S89
S29"31'03"E 46.70'
POINT OF
~"----------BBG~G
HINDMAN ROAD WAS ESTABUSHED IN 1931. NO
ORIGINAL MONUMENTATIONWAS RECOVED FOR 1HIS
ROAD. CALaJLATIONS PUT'llIE 1931 CENTERLINE
APPROXIMATELY AT'llIE SAME LOCATION AS 'llIEALL CAMP POLK ROAD RIGHT OF CENTERLINE OF CAMP POLK ROAD PER'llIE PLAT OFWAY LYING EASTERLY OF THIS -..+------\1, "OOLF COURSE ESTATES AT ASPEN LAKES PHASE I",BOUNDARY IS TO BE VACATED
'llIE lNTBNT OF nus VACATION IS TO ALSO VACATE
ANY PORTION OF 'llIE 1931 HINDMANDROAD LYING
EASTERLY AND NOR11IERLY OF 'llIE I1NE DESCRIBED IN
EXHIBIT A
C3 -ENTIRE CURVE
PCtoPT
R=340.66' C4
L=170.91' PCtoPOC
Tan=87.29 R=34O.66' •A=28°44'42" L=IS5.79'
Chord: Nl003I'S7"W Tan=79.28
169.12' A=26°12'06"
Chord: NIl°48'15"W
HATCHING= AREA TO BETAX LOT 15-16-014800 154.43' VACATED
TRACT A CS
0.33 acres +/
OOLF COURSE ESTATES AT ASPEN POCTOPT
LAlCES PHASE I 340.66'
TAX LOT 15-16-01 4800
Tan=7.S6
A=2°32'36"
Chord: N02°34'06"E •
L=IS.12'
IS.12' I •
WIDCH WAS A PORTION OF "TRACT Aft OF
wOOLF COURSE ESTATES AT ASPEN LAKES
PHASE lit PRIOR TO 1HE REAUGNMENT {. --DEDICATION PER VOL. 496 PG, 589.
ASSESSOR'S MAPS SHOW IT NOW BEING A
PORTION OF TAX LOT 15-16-014800
• .. FOUND MONUMENT
PC =POINTOFCURVATIJRE
POC .. POINT ON CURVE
ALL CAMP
PT = POINT OF TANGENCY WAY LYING
BOUNDARY IS TO BE VACATED
TRACTB
N03°S6'2S
2278
POLK ROAD RIGHT OF
NORTHERLY OF THIS
OOLF COURSE ESTATES AT
ASPEN LAKES PHASE I
TRACT B··:
TInS IS AN ISLAND OF UNDEDICATED LAND
/
EXHIBITUC'
Paae20f3
VACATION OF A PORTION OF CAMP POLK ROAD
A portion of right-of-way lying in the SE1/4,SW1/4 of Section 1, Township 1SSOtith,~ange 1.0East,
W.M., Deschutes County, Oregon, being a portion of the platted right-of-way of camp Polk Road as
shown in that 1991 plat of "Golf Course Estates At Aspen Lakes Phase I" filed at the Deschutes County
Surveyors Office as CS07308 and a portion of the 1931 Hindman Road alignment shown on the map filed
at the Deschutes County Surveyors Office as RD02100, lying Northerly and Easterly of the following
descrJbed line;
Commencing at a 3-1/4" brass cap in a mound of dirt and stone at the southwest corner of said
Section 1, thence N76-14'OO"E 2009.87 feet to a 5/8 inch smooth Iron rod monumenting the
southerly point of curve "C2" on the easterly right of way of said camp Polk Road as shown on
sheet 4 of said survey CS07308; thence S29-37'03"E 46.70 feet along said easterly platted right
of-way to the Point of Beginning; thence leaving said platted right-of-way S24·S6'10"E 156.18
feet, parallel with and 80 feet easterly of the westerly right-of-way dedicated in Volume 496,
Page 586 Deschutes County Official Records; thence 170.91 feet along the arc of a curve to the
right with a radius of 340.66 feet and a long chord which bears S10-31'S7"E 169.12 feet to a 5/8
inch rebar with yellow plastic cap marked "D.E.A. INC."; thence S03·S6'2S"W 22.76 feet to a 5/8
inch rebar with yellow plastic cap marked "D.E.A. INC."; thence S2S-32'39"E 54.14 feet to a 5/8
inch rebar with an illegible yellow plastic cap; thence continuing S2S·32'39"E 6.93 feet to the
Northerly right-of-way of Highway 126; thence along said Northerly right-of-way S81-OS'04"E
120.54 feet to a 5/8 inch smooth iron rod, the Terminus Point of this description.
Bearings are based upon the Deschutes County Coordinate System (COCS).
This parcel is depicted on the attached map as titled -Exhibit "A" Sketch" which is incorporated herein
by this reference.
REG! "ERED
PROFESSIONAL
LAND SURVEY R
J:\CAD\Projects\W616-cAMP POlK ROAD\Docs\Vacation of a portion of camp Polk Road.docx
4/10/2013 1:11 PM mjb
Cam Polk Road Vacation
EXHIBIT "C'
Pace 3 013
Locator Map
L..-..£.._______---Il____...1.-1
Right-of-way to
be Vacated
eOO'Feet200 400
Printed: March 14, 2012
The inftIrmllion on this ~_dIIMd Dan ciglllf dllat.s. on
o-hullls C'ounty'. cus, c.._1IIIIIIn In \he cntaIIGn o'lIls
!IIIIp, but it Is pwIcIad ".Is". Deschlllln County cannat accapt lIllY -•u.sI'ftIIOIISIbIfIty _-.om_-. orpodI_l_racy In \he dgIIal
dMa OI'lbeu~ng 18CG1'ds. 1"IIIMe ..no~.."......«.,.Ied, Induclnglbew.mtyofnwdl.mlllily «line..far.
pIIl1Icuillf purpM. _cmpanyIng Itis proIiIct. ~.noIitcaIIon
ofrty amn wi. beaflllAlCllllld.
Legend o Area to Vacate
I Milepost
-State Highway
-Road Centerlines
D Taxlots