HomeMy WebLinkAboutDoc 145 - Gate Permit - Tumalo CircleDeschutes County Board of Commissioners
l300 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 7, 2014
Please see directions for completing this document on the next page.
DATE: April 29, 2014
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2014-145, Gate Permit No. 14-001 for Tumalo Circle
applied for by Eric Howell
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Eric Howell contacted the Deschutes County Road Department concerning getting a gate permit for a
gate that is already installed on Tumalo Circle at the entrance to his property located in the Deschutes
River Woods Subdivision. The reason for the gate is that they had been getting trespassers dumping
items of yard debris and trash on their property as well as having transient campers on their land (see
attached letter from the Howell's date April 24, 2014). The Howell's are in the process of partitioning
their property (MP-l3-3) and during a site visit to the property, staff noticed a gate had been installed
on Tumalo Circle but there was no record of a permit on file to allow the gate. Per DCC 10.04.020.
Barriers and Gates-Installation Conditions, official traffic-control devices consisting of barriers and
gates on and across roads and highways may be established by resolution of the Board of County
Commissioners upon and across any road or highway under the jurisdiction of the County for the
purpose of prohibiting motor vehicle traffic on the road or highway beyond the barrier or gate so
established. Per the Findings and Decisions for MP-l3-3, liThe applicant shall either obtain approval of
a gate permit, or remove the gate if approval is not granted by the County. This gate meets all the
folllowing criteria for a gate in the public right of way per Resolution No. 90-081:
1. It is a dead end road
2. It is not a road that is generally used by the public. It is a dead end road used only by the residents
living along it.
3. All parties affected by the gate have signed off on its installation
4. The gate will not restrict access to public land
5. Installation of the gate will help protect property owned by the Howell's
6. Tumalo Circle is located in the Deschutes River Woods Subdivision.
Deschutes County does not maintain Tumalo Circle. See attachments for type and location of the gate.
FISCAL IMPLICATIONS:
None, Eric Howell will be responsible for the maintenance of the gates.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2014-145, Gate Permit No. 14-001 for
Tumalo Circle
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be retumed to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel. the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: ~pril 29, 20141 Department: !Roadl
Contractor/Supplier/Consultant Name: !Eric Howell!
Contractor Contact: IEric Howelll Contractor Phone #: 1541-41 oj
1840~
Type of Document: Gate permit No. 14-001
Goods and/or Services: Allows for the installation of a gate on Tumalo Circle
Background & History: Eric Howell contacted the Deschutes County Road
Department concerning getting a gate permit for a gate that is already installed on
Tumalo Circle at the entrance to his property located in the Deschutes River Woods
Subdivision. The reason for the gate is that they had been getting trespassers dumping
items of yard debris and trash on their property as well as having transient campers on
their land (see attached letter from the Howell's date April 24, 2014). The Howell's are
in the process of partitioning their property (MP-13-3) and during a site visit to the
property, staff noticed a gate had been installed on Tumalo Circle but there was no
record of a permit on file to allow the gate. Per DCC 10.04.020. Barriers and Gates
Installation Conditions, official traffic-control devices consisting of barriers and gates on
and across roads and highways may be established by resolution of the Board of
County Commissioners upon and across any road or highway under the jurisdiction of
the County for the purpose of prohibiting motor vehicle traffic on the road or highway
beyond the barrier or gate so established. Per the Findings and Decisions for MP-13-3,
"The applicant shall either obtain approval of a gate permit, or remove the gate if
approval is not granted by the County. This gate meets all the folliowing criteria for a
gate in the public right of way per Resolution No. 90-081:
1. It is a dead end road
2. It is not a road that is generally used by the public. It is a dead end road used only
by the residents living along it.
3. All parties affected by the gate have signed off on its installation
4. The gate will not restrict access to public land
5. Installation of the gate will help protect property owned by the Howell's
6. Tumalo Circle is located in the Deschutes River Woods Subdivision.
Deschutes County does not maintain Tumalo Circle. See attachments for type and
location of the gate.
Agreement Starting Date: IUpon Signatur~ Ending Date: ~
Annual Value or Total Payment: IN/~
D Insurance Certificate Received (check box)
4/25/2014
Insurance Expiration Date: L-----'
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes D No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance:
Name:
Phone#:
'-------'
Departmental Contact and Title:
Phone#:541-322-7113
George Kolb, PE, County Engineer r ~
Department Director Approval: VV
Signature
0",L
'
)t:;/I~
Date
Distribution of Document: Copy to Sheila Odie (ext. 7148) at the Road Department
after recording.
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-')
Legal Review Date
Document Number __
4/2512014
R~VIEW[D I
LEGAL CO' '~l~r':._
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON
Gate Permit for Tumalo Circle *
Located within Township 18 South, *
Range 11 East, Section 27 W.M., *
Deschutes County, Oregon. *
GATE PERMIT 14·001
Pursuant to ORS 368.056 the Board of County Commissioners of Deschutes
County, Oregon authorizes Eric Howell to maintain a gate upon the public right of
way described as:
Tumalo Circle located within Township 18 South, Range 11 East, Section 27
located in Deschutes County, Oregon.
in accordance with the conditions of approval (Exhibit "A") and in the location
shown on the map (Exhibit "B") attached hereto and by this reference made a part
hereof.
DATED this ___day of _______, 2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ATTEST:
ANTHONY DEBONE, VICE·CHAIR
Recording Secretary
ALAN UNGER, COMMISSIONER
I
1
1
I EXHIBIT "A" I
j GATE PERMIT 14-001 1 CONDITIONS FOR APPROVAL
i
l
1. Gate permit may be reviewed by the County at any time and upon a finding that
the gate does not meet the criteria of the Gate Permit Resolution 90-081, the
permit may be revoked by the Board of County Commissioners.
2. The gate design shall be approved by the County Engineer.
3. If the gate is locked, a key must be deposited with the fire district, Sheriff's
office and with the Deschutes County Road Department with a map showing the gate
location and telephone number of the applicant or contact person.
4. The gate location shall be as shown on the attached Exhibit "B".
5. Fencing, if required, must be adequate to supplement gate.
6. No mail will be delivered inside gate, therefore, post office boxes or an
approved mail box location outside gate shall be used.
7. Access for existing utilities and irrigation facilities in the area behind the
gate must be maintained at all times.
8. If the applicant wants the road accessed by the gate to be included in the
County maintenance system, the gate will be removed and the roadway brought up
to a condition acceptable to the County Road Department prior to acceptance into
the system.
9. Per Deschutes County Code 10.04.020, the gate is for the purpose of prohibiting
motor vehicle traffic only. Pedestrian, bicycle and horse travel will still be
permitted.
EXHIBIT "B" Tumalo Circle Gate Permit
Gate Location
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o 1,000 2,000
Legend
-County Routes River
-Road Centerlines Taxlots
The information on this map was derived from cI~1 databases on
Deschutes County's G .I.S. Care was taken in the creation of this
map. Deschutes County cannot accept arry responsibility for 8frQn;,
omissions, or positional accuracy and, therefore, there are no
arranties which accompany this product. However, notification of
any elTOfs will be appreciated.
3,000 4 ,000 Feet
Printed : April 28, 2014
-•....==._
E IV tD
APR 2 ~ 2014
J.) UTES co
Road Department
61150 SE 27th St. • Bend. Oregon 97702
[541) 388-6581 • FAX [541) 388-2719
CATE PERMIT PROCESSINC FORM
*$100.00 NON-REFUNDA8LE PERMIT FEE*
This gate permit request fonn is to be used pursuant to Resolution No. 90-081. It is the function of the Dcpartment
of Public Works to process all pennit requests in compliance with five criteria established in the resolution. and to
make a recommendation to the Board of County Commissioners.
APPLICANT NAME AND ADDRESS: r.--
fEE PAID:
~
TELEPHONE NUMBER:
RITERIA EVALUATION
Name and Location of road proposed to be gated:
I. Is this a dead-end road?@ No
2 . Is the road generally used by the public? Yes @
3. Will the gate restrict access to any parcels owned by others. Yes ®
* If yes, application must inc lude affected parties signatures.
4. Will the gate restrict access to public land? Yes @
5. Does it appear to be in the public's interest to allow the gating of the rOad?@ No
6. Is the road in a recorded subdiviSiOn?@ No
7. Name of subdivision 'D~E ~_ __________:...:sc.~£u.u....c....::L-~'-¥I~'--......l~~!;l.S __
8. Tax map of affected parcels must be included with application.
Evaluator Name: C~o..z,4> € ky$~ a0t ~ eJv./~lJ1.B ate : I-t /1,$""/, t..{
Evaluator Comments : 6An:: Dues. Ma:r ~ er-.bl"J Iiv lnJ.ktA.4t:D6d
Signature:_-I-c-/-----"_ -b,.L...l.<'t-II--_ _ _ _____ ____ D", 0'/ /KJ -'---'\.---
Quality Services Performed with Pride
April 24, 2014
Attn: Mr. George Kolb
Deschutes County Engineer
Deschutes County Road Department
61150 SE 27th Street
Bend, Oregon 97702
Dear Mr. Kolb,
Our residence lies at the foot of a dead end road in Deschutes River Woods
neighborhood. This section ofTumalo Circle is approximately 100 yards in length
and shoulders the lava flow that is included in our private property. In addition,
this section of the road was installed and has been maintained by us. It closely
resembles an access road into the lava field, which is our private property. Over the
years. we have experienced many trespassers dumping items of yard debris and
trash, as well as transient campers. Our first attempt to address this situation was
to post numerous private property signs. This proved to be very unsuccessful.
In hopes of finding a more successful remedy. we are requesting the permission
to install a gate at the beginning of this portion of the road. The gate would never be
locked and would not affect access to any other properties or public lands.
Sincerely.
Eric and Angela Howell