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Home My WebLink AboutRes 114 - Initiate Vacation - 18th StDeschutes 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 Resolution 2013-114, Initiating the Vacation of 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 Resolution 2013-114 initiates the vacation process. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Resolution No. 2013-114, initiating the vacation of a Portion of 18 th Street Located in Terrebonne, Oregon 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 LEGAL COUNSEL I For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON I A Resolution Initiating the Vacation of a * portion of 18th Street located in Terrebonne, * Oregon, Describing the Property Proposed to * be vacated, the Reasons for the Vacation, * RESOLUTION NO. 2013-114 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 18th Street, located in Terrebonne, 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 18th Streeet 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 Resolution. DATED this ___ day of __________, 2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR ATTEST: TAMMY BANEY, VICE CHAIR Recording Secretary ANTHONY DEBONE, COMMISSIONER PAGE 1 OF 1-RESOLUTION NO. 2013-114 ------- EXHIBIT fiN' Exhibit "A" SKETCH Or A STREET VACATION. LOCATED IN Page 1 of3 A PORTION Or 18TH STREET, HILLMAN, TAX MAP 14 13 7600, DESCHUTES COUNTY, OREGON •.1.. .J .'.~..L!!.I.' ; 18 + 14 i 19 ',:;T~ -+ ..!~i.!.: 11!12 TAX LOT 200 BLOCK --177 , -160 S89'53 '5r w 163 ~ ...... . +L_ .-60.00' 229.29'NB9'53'5I'E : 15 8 j 25II i ZIS .... s +.... •-1 -. ~. -7~T·26"7"1"28 TAX 7: 26 §; TAX .j (/)<: ,toQ · LOT ·t· Q t· LOT+ -~q q417-... r;:! 412 6 I 17~ 1 27 ;,/ 0'.. " ....'1' .... .j· (,."5 : 2IJN'""" Nco• I\.)RfJZrK ·1 f1l.• ~ • : 29 -~~~j·r·JON NN L..r-t.~ · '1 ~ .,.. N 2' 31 V.N. ........... 1 i 31vr '1 , • .1•• . f:\ N89'53'35"W 229.22' 'f. "A'l AvrNUESTREET VACATION .,TAX TCONTAINS 13,758 SQ. FT. LOT 16 : 17 .j(SEE EXHI81T "8" FOR wi5·T ....1~8402LEGAL DESCRIPTION) 7: JI......., .. -i r i 32 -...~. .J ItB'I AVENUE .,'T' TAX 16 i 17 .~LOT -is"r'18 400 -'t· '1 .... (C 20' ACCESS .j :tAND UTILITY .j· EASEMENT tI) ~ I'J: 'J'··4-·" -lttl22 6 -1+ BLOCK .t.~.L?~ ~ 9 i u 1 i J! (. 'iT;; L ,-. (VACATED) ,. -,. TAX 16 ! 17t-LOT -'-5"118 401 t· -f· /4 i " 1';:iT20 : TAX /1! 2/·'-;-1-Z;~. LOT 411 ••i.. Ir 10 i 23i~ BLOCf< "g'!"l' r' "5"1"28-2. t· ·t~ , ! 29r' -~j~T'Jti TAX f· -t"LOT 413 ••••t 1'._•~~ I "1 I : 32 t. ,~. (VACATED) ,. ~. REGISTERED PROFESSIONAL LAND SURVEYOR Renewal Date: .12/31/1.3 PREPARED AUGUST 8, 2013 POVEY AND ASSOC. LAND SURVEYORS P.O. BOX 131, REDMOND, OR 97756 SCALE: {547} 548-6778 7J-704r.DWG 1" = 100' Exhibit "A" Page 2 of3 EXHIBIT "8" DESCRIPTION OF A STREET VACATION, LOCATED IN A PORTION OF 18TH STREET, HILLMAN, TAX MAP 14 13 16DD, DESCHUTES COUNTY, OREGON TI-I£ FOLLOWING LANDS LOCATED IN 18TH STR£ET, IN TH£ PLAT OF HILLMAN, DESCHUTES COUNTY. OREGON: ..... COMMENCING AT THE NORTHWEST CORNER OF LOT 8, BLOCK 163, HILLMAN, THE POINT OF BEGINNING; THENCE S89"5J'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 CENT£RLlNE OF "A" AVENUE, HILLMAN; THENCE 589'53'35"£ ALONG SAID CENTERLINE -60.00 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID BLOCK 163; THENCE NOO'14'28"W ALONG SAIO PROLONGATION AND SAID WEST UNE -229.42 FE£T TO THE POINT OF BEGINNING . ......... TI-I£ SAME CONTAINING 1J, 758 SQUARE FEET. A SKETCH OF TH£ STRE£T RIGHT-OF-WAY VACATION DESCRIBED ABOVE IS SHOWN ON THE ATTACHED EXHIBIT (fA", WHICH IS HEREBY INCORPORATED BY REFERENC£. OREGON JULY 15, 1983 WILLIAM G. BAHRKE 20':;9 Renewal Dote: 12/31/13 1fL--'-l PREPARED AUGUST 8, 2013 POVEY AND ASSOC. LAND SURVEYORS P.O. BOX 131, REDMOND, OR 97756 (541) 548-6778 13-104F.DWG Vacation of a portion of 18th Street I- Exhibt "A" Page of 3 ~1------1 Area to be !xi Vacated ... t-: Cf) r-~~-----------+--------------~ ~ Cf) ... Locator Map o 200 400 Printed : October 10, 2013 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 map. Deschutes County cannot accept any responsibility for errors, omissions, or pos~ional accuracy and, therefore, there are no warranties which accompany this product. However, notification of any errors will be aDDreeiated. 600 Feet Legend --Road Centerlines State Highway -+-Railroad D Taxlots -• 0." John Anders on, Phone: (541) 322-71l12 Emai: john .• ........",~h ul... Or<J Address: 61 150 51; 27\11 st