HomeMy WebLinkAboutOrder 050 - Vacating Part of 18th St - TerrebonneDeschutes 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 November 13, 2013
Please see directions for completing this document on the next page.
DATE: October 29,2013
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2013-050, Vacating a Portion of 18 th Street located in
Terrebonne, 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:
The Road Department was contacted by property owners James and Stacy Rejzek concerning the
vacation of a portion of 18th Street in Terrebonne, Oregon. They are wanting to construct a shop
building on their property and because of the existing layout of the house and drainfield, they are
limited to where the shop can be located. The only spot available would not meet Community
Development Department setback requirements therefore they would like to vacate the right of way to
gain the additional property to meet setback requirements. The property owner to the west, Assembly
of God Church is in favor of the vacation but they do not want to have any property transferred to them
so the Order for the vacation will state that all the vacated property will reside with the Rejzek's (tax lot
141316DD00417). This entire right of way of 18th Street is located along a steep rim and because of
the steep grade of the existing ground, there is no possibility of a road ever being constructed in this
location. Since there is no possibility of constructing a road in this area, the applicants would like to
vacate the right-of-way to allow them better utilize their property. Signature of this Ordcr finalizes the
vacation of 18 th Street
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Order No. 2013-050, vacating a portion of 18 th Street
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
After recording, please return a copy to Sheila Odle( ext. 7148) at the Road Department
I
REVIEWED
r.lU~z)'T COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of 18 th Street *
located in Terrebonne, Oregon, *
* ORDER NO. 2013-050
*
WHEREAS, proceedings for vacating a portion of 18 th Street located in Terrebonne,
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.
f
Page 1 of 2 -ORDER NO. 2013-050
\
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 entirely with
the rightful owner of tax lot 1413160000417, in accordance with ORS 368.366(2).
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 ___ 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. 2013-050
Exhibit "A"
10f2
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. Se:~ A-+t-~ G.~ Pr r f!,
Description of road to be vacated: pCo pO~ C~~Jc,u ~../r :fp
't~~;~1-m~~~~~~ftJer.
Located in ~kINf ~ , Deschutes County.
Reason for road vacation request: '-:CO Q (\0"""'" ::S;Vlae$. ..¢ ~6'" (4)ze I(
(20 eft'ovJ .o:£. U1l..J ,
DATED this / t? ~y of ---':=~~'F-L-t-_____,201.3 .
PRINT NAME ADDRESS CITY STATE ZIP
S~Cu 11: s::h, f L 63 ~)1 Iff.~{f t..-, &-vJ OR.. (fliO}
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1V-tLklJY]l1L Di...~7?("o
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STATE OF OREGON
ss.
On this J.CL day of
County of ~lA.\u.;>
~ \o...,.'oQJt.; , in the year 20J?2., before me, a Notary Public, personally appeared ,a.. · 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.
W~Cials~al ""
Notary Pu~li~ for On~gon. .. 'l., \.. 9 f. ""-J J
My Commission expires: /\D'JOtrI\De/ '-' a..; lp
Page 1 of 2
-=~~~:::..L-_, i
IRCULATED BY ME.
Exhibit "A"
2of2
STATE OF OREGON )
ss.
County of "betrl" t.£ 42 ~
the year 20 13, before me, a Notary Public, personally appeared
-==-u.~:.....L:=--+..Qf-a.....--l4..i~~~...L;,t..{---L::::S.'~~c:k-=--___~_personally known to me (or proved to
me on the ba of satisfactory evi ce) e the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) cuted it.
STATE OF OREGON )
) ss.
County of __~___ )
WI
OFFICIAL SEAL
SANDI K STEWART
NOTARY PUBLIC· OREGON
COMMISSION NO.475195
MY COMMISSION XPlRES MARCH 21 2017
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 OR
ADDRESS
TELEPHONE: 54-\· ~~-;t1.;~} ~
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Page 1 of 2
Exhibit "8"
Page 1 of 3'
Road nt
61150 SE 27th St. • Bend, Oregon 97702
[541) 388-6581 • FAX (541) 388-2719
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: October 28, 2013
SUBJECT: Vacation of a portion of a portion of 18 th Street in Terrebonne, 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 tiles 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 property owners James and Stacy Rejzek concerning the vacation
of a portion of 18 th Street in Terrebonne, Oregon. They are wanting to construct a shop building on their
property and because of the existing layout of the house and drainfield, they are limited to where the shop
can be located. The only spot available would not meet Community Development Department setback
requirements therefore they would like to vacate the right of way to gain the additional property to meet
those requirements. The property owner to the west, Assembly of God Church is in favor of the vacation
but they do not want to have any property transferred to them so the Order for the vacation will state that
all the vacated property will reside with the Rejzek's (tax lot 141316DD00417). This entire right of way
of 18 th Street is located along a steep rim and because of the steep grade of the existing ground, there is no
possibility of a road ever being constructed in this location. Since there is no possibility of constructing a
road in this area, the applicants would like to vacate the right-of-way to allow them better utilize their
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:
Quality Services Performed with Pride I
Exhibit "8"
Page 2of3
Bend Broadband: No Response
Cascade Natural Gas: No Response
Central Electric Co-op: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
CenturyLink: No Response
Terrebonne Domestic Water District: No Response
Redmond Fire Department: No Response
Deschutes County Community Development Department: Response from Paul Blikstad, Senior
Planner, CDD, "This looks like a logical action to take. The topography would not work for any kind of
access road".
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.
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 parcels as described in the attached
Order No. 2013-050 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2013-050
Exhibit "B"
Page 3 of 3
2. No opposition to this vacation is received by the Road Department or Board of County
Commissioners prior to signature of Order No. 2013-050.
EXHIBIT"C
SKETCH OF A STREET VACATION, LOCAft;J'e'NOf3
A PORTION OF 18TH STR£ET. HILLMAN,
TAX MAP 14 73 1600,
DESCHUTES COUNTY,
OREGON
.J...
TAX
LOT
200
-+
14 i 19
',JTiO
+
!.~_L~~
11 ! %2
•.j..
BLOCK
160
+
II i Z/J"7Tts
+
6 i 27
"sT18
R£JZ£K
• : 29 1 ! 29
~~j·1-JO --,iTJa ~ ~
.t.C :0+~ -j>.
Cl r-..:. 2! ;11
-, ..:_L-!! ----T....
1 i J2 I : J2
•
• 60.00' N89'5J'JS"W 'S89·~5J~5·n~E~~------~--~~~~----------------
"A" AVENUE (VACATED)STREET VACATION TAXCONTAINS 1J. 758 SO. FT. LOr 16 : 1617 : 17 _ ..1'....(SEE EXHIBIT "B" FOR -;5"";8402 " 18
~ .
ILEGAL DESCRIPTION)
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Renewal Dote: ,12/31/13
PREPARED AUGUST 8, 201 J
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 1J1, REDMOND, OR 97756
(547) 548-6778 13-104F.DWG
TAX
LOT
400
7: Jl
... _,J,.••• -
1 i 32
"8" AVENUE
T
_'_~.+.'!.
15 : '8
+
20' ACCESS
AND UTILITY
EASEMENT
_'_~_l_~!.
9 ; 24
.j ,
• J ..
(VACATED)
-, ,.
TAX
-~ ~-LOT
-1 401 t
(0
-j :t 1
-j (.f)
:ti
-l a
-1
TAX ~-LOT
t~ 411
}BLOCK
-177
2 ! Jl
";T32
,l.•
16 ! /7
i5'Tis
~+'
14 i 19
',iT:;;;
12; U
-iiT22
EXHIBIT"C
Paae20f3
EXHIBIT "8"
DESCRIPTION OF A STREET VACATION. LOCATED IN
A PORTION OF 78TH STREET, HILLMAN,
TAX MAP 14 13 1600,
DESCHUTES COUNTY,
OREGON
Tf-I£ FOLLOWING LANDS LOCAT£D IN 18TH STR££T, IN THE
PLAT OF HILLMAN, DESCHUTES COUNTY, OREGON:
......
COMMENCING AT THE NORTHWEST CORNER OF LOT 8, BLOCK 163,
HILLMAN, THE POINT OF BEGINNING; THENCE S89'S3'57"W ALONG
THE PROLONGATION OF THE NORTH LINE OF SAID LOT 8 -60.00
fEET TO THE EAST LINE OF BLOCK 160, HILLMAN; THENCE
500'14'28"£ ALONG SAID EAST LINE AND ITS PROLONGATION
229.20 FEET TO THE CENTERLINE OF "A" AVENUE, HILLMAN;
THENCE 589'53'35"£ ALONG SAID CENTERLINE 60.00 FE£T TO
THE PROLONGATION OF THE WEST LINE OF SAID BLOCK 163;
THENCE NOO'14'28"W ALONG SAID PROLONGATION AND SAID WEST
LINE -229.42 FEET TO THE POINT Of BEGINNING .
...........
Tf-I£ SAME CONTAINING 1 J, 758 SQUARE FEET.
A SKETCH OF THE STREET RIGHT-OF-WAY VACATION DESCRIBED
ABOVE IS SHOWN ON THE ATTACHED EXHIBIT "A ", WHICH fS
HEREBY INCORPORATED BY REFERENCE,
JULY 15, 1983
WILLIAM G. 8AHRKE
2039
Renewal Date: 12/31/13
OREGON
PREPARED AUGUST 8, 201 J
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548 6778 1 104f.DWG
Vacation ot a portion of 18th Street
Locator Map
I
EXHI ITuC
Pace 3 of 3
~ f------l Area to be
to Vacated ...-
~
CI)
r---~------------~--------------~ ~
CI) ...-
a 200 400
Printed: October 10,2013
600 Feet
Legend
--Road Centerlines
State Highway
--+-Railroad
D Taxlots
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 -•'0'"
map. Deschutes County cannot accept any responsibility for errors,
omissions, or positional accuracy and, therefore, there are no ==
warranties which accompany this product. However, notification of
any errors will be appreciated.
:I!I