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HomeMy WebLinkAboutOrder 009 - Vacate Portion of Lower Br 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 April 2, 2014 Please see directions for completing this document on the next page. DATE: March 24, 2014 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2014-009, Vacating of all of the portion of Lower Bridge Road (aka Lambert Road) as shown on Partition Plat 2009-01 , Located in Deschutes County, Oregon. PUBLIC HEARING ON THIS DATE? NO. The proceedings for the vacation were initiated 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 approached by Luis Elenes, owner of tax lot 141314DOOOI00, concerning the vacation of the portion ofthe 1909 Lower Bridge Road (aka Lambert Road) that is located on his property. This right-of-way bisects his property and he would like it vacated to better utilize his land as the right-of-way could affect set-backs for future structures on his property. Based on the property having frontage on NE 43 rd Street, Smith Rock Way and Wilcox Avenue, the Road Department determined that there is no future need for this right-of-way for road purposes. Since the right-of-way proposed to be vacated is entirely on the Elenes property, this is a 100% vacation and no public hearing is required. Signature of this Order finalizes the vacation of the portion of Lower Bridge Road (aka Lambert Road) as shown on Partition Plat 2009-01 . FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Order No. 2014-009, vacating all ofthe portion of Lower Bridge Road (aka Lambert Road) as shown on Partition Plat 2009-01 located in Deschutes County, 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 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Vacating all of the Portion of * Lower Bridge Road (aka Lambert Road) as shown on Partition Plat 2009-01 * * ORDER NO. 2014-009 located in Deschutes County, Oregon, * WHEREAS, proceedings for vacating all of the Portion of Lower Bridge Road (aka Lambert Road) as shown on Partition Plat 2009-01 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. 2014-009 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 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 _____, 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary ALAN UNGER, Commissioner Page 2 of 2 -ORDER NO. 2014-009 Exhibit "A" 1 of 2 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. Descriptionofroadtobevacated: AI/ -fAt.. f'/orflrTYl ()I-fAt... /"0,-,,-,""-131"1.(,<.. rD#..tl, Ct..k..~ L(A.W\b~"..I-IZ'()t-.rI.) S;'o,...:>I.-) (jn {z.L iJ!/.jL;,...1 PI"..-!-~j h.,.-,Llf.,/I"I P/e..t 2 0 0C(-/ I 1!j..1'1 r,-,/It M 5;J... PA>"ld-j~ y,,-i-z.-oo<t-I eyla -I;", 1'1'Jrlo/ (,...-1I-It.fY, -f~ r-i,ttf-t>I-"""'A..,5 t>1 ,ArE 43'" Located in SE 1/4: DI StU_+-J,.,." , Deschutes County. I 4-I ; I 11-5 ; ;2.. / S E qeason for road vacat!on request: J2. 0 a cI t:!-r 0.5 '5 (l s:--I-A r",,", 4.1 ( rJ I­ SA-A~ vc.Io'7t.J(L. I ()O '1 tZa. vS, In. 3r t.. C.IDATED this I .-day of I....(,i;/t'{,la r; ,20 13. ADDRESS CITY STATE ZIP PRINT NAME ~ Z"> <,; -EZ--~o~ PO,.-JI4Y\d 012.11/1.15> ELENES ~Ave.,. .... <-___t::t-:;'21¢. STATE OF OREGON ss. County of 11I141 In. fl1/1" t­ tl. On this /3 -day of hbnAu'<:J , in the year 20Q, before me, a Notary Public, personally appeared L""/5 EZ?,Af" S • ~-. 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. Notary Pu lic for Oregon. OFFICIAL SEAL My Commission expires: Ii -uf -.;rot bSANDY 0 HALL NOTARY PUBUC -OREGON COMMISSION NO. 471601 MY COMMISSION EXPIRES NOVEMBER 04, 2016 WIT SS my hand and official seal IPage 1 of 2 SIGNATURE Exhibit "A" 2of2 STATE OF OREGON County of ______ ) ) ) ss. 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 PE1"ITION 2~ SE ADDRESS TELEPHONE: S;-IZ -"YO -/ / '7 z.. P~ge 1 of 2 Exhibit "8" Page 1 of 3 61150 SE 27th St • Bend. Oregon 97702 (541) 388·6581 • FAX (541) 38S·2i19 ENGINEER'S REPORT TO: BOARD OF COUNTY COMMISSIONERS FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: March 24, 2014 SUBJECT: Vacation of all of the portion of Lower Bridge Road (aka Lambert Road) as shown on Partition Plat 2009-01 Located 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: (l) 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 approached by Luis Elenes, owner of tax lot 141314DOOOIOO concerning the vacation of the portion of the 1909 Lower Bridge Road (aka Lambert Road) that is located on his property. This right-of-way bisects his property and he would like it vacated to better utilize his land as the right-of-way could affect set-backs for future structures on his property. Base on the property having frontage on NE 43 rd Street, Smith Rock Way and Wilcox Avenue, the Road Department determined that there is no future need for this right-of-way for road purposes. 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. Exhibit "8" Page 2 of 3 Bend Broadband: No Response Cascade Gas: No Response Central Electric: No Response Central Oregon Irrigation District: No Response Laidlaw Water: No Response Pacific Power: No Response PGT: No Response CenturyLink: No Response Terrebonne Water: No Response Deschutes County Legal Counsel: No Response Deschutes County Community Development Department: Response from Paul Blikstad dated February 28,2014, "This looks like a very needed road vacation. " Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department makes the following findings: I. 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. 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-way to the tax rolls and allows the property owners to better utilize their properties. The Road Department recommends that the Board approve the vacation of the parcel as described in the attached Order No. 2014 -009 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). 2 Exhibit "8" Page 3 of 3 2. No opposition to the vacation is reported to the County prior to this meeting. 3 EXHIBIT"C" Page 1 of 1 Vacation of a Portion of the 1909 Lower Bridge Road (AKA Lambert Road) All of that portion of the 1909 Lower Bridge Road (AKA Lambert Road), as established on July 20, 1909 in Crook County Commissioner's Journal 4 Page 321, lying within the boundary of the Official Plat of Partition Plat 2009-1, excepting therefrom those portions of said 1909 Lower Bridge Road lying within the rights-of-way of NE 43 rd Street and Wilcox Avenue. PARTITION PLAT NO. ;600'1 -/ DESCHUTES COUNTY PARTITION NO. MP-08-1 A 56.70 ACRE PARTITION LOCATED IN THE SE1/4 OF SECTION 14. Tl45, RI3E. If.M., DESCHUTES COUNTY. OREGON I HlRSlY CEflTII'Y fI1AT THIS PlAT 1$ A TIIIII! MIl EXACl COPY OF THI ORIGINAL i'lAr. ~~H~Jlia/P1 ~~ ~ H:J2j027 l\;~ I '2n~~.~RtRSeE ""-R'"t-.NSt ... ~·l2Y-_.'" CURVE TABlE of1909 Lower Bridge Road (AKA Lambert Road) to be vacated A9EWAL DATE: 11131/15 'I Vacation of a Portion of Lower Bridge Road ( AKA Lambert Road) EXHIBI Page 1 ~r-----------------------~~ o ri:: /---w r-------~ > ~ o w ~ o o ~ (:) Portion to be Vacated i-=­ rJ) f------­-J Location of Vacation •-..~ (;) ~ ('t) ('t) 1,200 1,600 Feet Legend =-= Lambert -Road Centerlines o Taxlots Joh n Anderson, GIS Analyst I'f1<:tIe; (541 )322-7l02 ftnilll : JoIvl .ar-.ooClldeschule5-<Jr9 Ad<i"ess: 611SO Si' mil 51: !lend OR 97702 Road Department o 400 800 Printed: February 26, 2013 The information on this map was derived from digilal dalabases on Deschutes County's G.I.S. Care was laken in the creation of this map, but it is provided "as is". Deschutes County cannot accept any responsibility for enors, omssions, or positional accuracy in the digital data or the underlying records. There are no warranties, express or implied, inctudng the warranty of merchantability or fitness for a particular purpose, accompanying this pro<iJct. However, notification of any errors will be appreciated .