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Home My WebLink AboutOrder 001 - Vacate Knickerbocker AveDeschutes 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 January 4, 2012 Please see directions for completing this document on the next page. DATE: December 27,2011 FROM: George Kolb, Interim Road Depart. Director Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order 2012-001, Vacating a portion of Knickerbocker Avenue located in the North C Acres Subdivision in Deschutes County PUBLIC HEARING ON THIS DATE? YES BACKGROUND AND POLICY IMPLICATIONS: Billy and Priscilla Hardin approached the Road Department on behalf of residents living along the right-of-way of Knickerbocker Avenue located along the southern boundary of the North C Acres Subdivision located south of Terrebonne, Oregon. This right-of-way was shown as an easement on the plat and dedicated to the public per the Dedication on the plat. The apparent intent of the dedication was that if the property to the south developed, it would dedicate a 30-foot right-of-way along its north boundary to form a 60-foot right-of-way for roadway purposes. North C Acres was developed in 1969. In 1980, the property to the south was developed into a subdivision called Mountain Shadows. The plat for this subdivision did not dedicate a 30-foot easementlright-of-way along the north boundary of the subdivision; therefore. the 30 foot strip reserved for Knickerbocker A venue is no longer needed for development. The reasons for the vacation is to alleviate the trespassing nuisance and the associated fire hazard that goes with it. Staff drove the road located in the easement and it is very steep and rough. There is no public land at the end or along this easement, so there is not an issue of obstructing access to public lands. On November 21,2011, the Board of County Commissioners (BOCC) signed Resolution No. 2011 139, initiating the vacation of Knickerbocker Avenue; and Order No. 2011-026 which accepted and approved the County Road Official's report and set the date for the public hearing on this vacation for January 4,2012. Initial reports from the utility companies indicated that no utility easements would be required as a result of this vacation. Central Electric Co-op (CEC), originally stated they did not have a problem with the vacation, but upon further review, realized they do have facilities within the right-of-way and also need the right-of-way for access to other facilities. CEC notified the Road Department of this issue per the attached letter dated December 9,2011, which was after the vacation was initiated by Resolution No. 2011-139. They are opposed to the vacation, but are willing to work with the homeowners along the right-of-way to come up with an easement to still allow the vacation but also allow CEC access to their facilities. This is an issue that will have to be resolved between CEC and the property owners prior to signature of Order 2012-001. FISCAL IMPLICATIONS: None. All fees required for this vacation have been paid by the applicant. RECOMMENDATION & ACTION REQUESTED: As a result of the issues raised by CEC concerning the need for an easement along the vacated right-of way, staff recommends the Board of County Commissioners hold the public hearing, consider the testimony presented by the public and CEC concerning the vacation, close the hearing to oral testimony but leave the written record open until such time that an agreement has been reached between the residents and CEC. Once CEC notifies the Road Department that their interests in the right-of-way have been protected, staff will present Order No. 2012-001 to the Board for signature at a later date to be determined. ATTENDANCE: George Kolb, Interim Road Department Director DISTRIBUTION OF DOCUMENTS: After recording, please return a copy to Sheila Odle(ext. 7148) at the Road Department. .....(.F .CENTRAL ELECTRIC ,; COOPERATIVE, INC. December 9, 2011 George Kolb Deschutes County Road Department 6150 SE 2ih Street Bend Oregon 97702 Dear Mr. Kolb, Central Electric Cooperative (CEC) has received notice from Deschutes County to vacate a portion of Knickerbocker Avenue within the North C Acres Subdivision. The existing Knickerbocker A venue provides CEC with an access point to the distribution line that serves our members in the north Redmond and Terrebonne areas. The distribution line is located in steep and rugged terrain with limited access. Access points are essential to our ability to perform system upgrades, maintenance and repairs. As a member owned cooperative, CEC faces the challenge of representing the best interests of all our members in our daily decisions and actions. CEC is sympathetic to private property rights however in this case CEC is not in favor to the vacation. If you need any additional information, please feel free to contact me. 'DS ight of Way Specialist Knickerbocker 12-09-1I.doc PO Box 846' 2098 N. Hwy 97 -Redmond, Oregon 97756-0187 Tel 541.548.2144 • Fax: 541.548.0366 www.cec.coop REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Vacating that portion of * Knickerbocker Avenue located in the North C * ORDER NO. 2012-001 Acres Subdivision in Deschutes County, * Deschutes County, Oregon. WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation of portion of Knickerbocker Avenue located in the North C Acres Subdivision in Deschutes County by Resolution Number 2011-139 dated November 21, 2011; and WHEREAS, the Board of County Commissioners requested the County Road Official to prepare a report relating to the vacation; and WHEREAS, the Board of County Commissioners accepted and approved the County Road Official's report and as required by ORS 368.346 set a public hearing on January 4,2012 at 10:00 a.m. by Order Number 2011-026 dated November 21, 2011; and WHEREAS, notice of hearing was given in accordance with ORS 368.346(3) and 368.401 to 368.426; and WHEREAS, the Board of County Commissioners held said hearing to consider matters presented under ORS 368.346; and WHEREAS, the Board of County Commissioners finds that it is in the public interest to vacate the public property; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the property, described in Exhibit "A", attached hereto and by this reference incorporated herein, is hereby vacated. Section 2. That the property, vacated in Section 1, shall vest in the rightful owner holding title according to law pursuant to ORS 368.366(1)(c). Section 3. That the Deschutes County Surveyor is directed to mark a copy of the plat, if any, as provided in ORS 271.230. PAGE 1 OF 2 -ORDER NO. 2012-001 Section 4. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be filed with the Deschutes County Surveyor and County Assessor. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ATTEST: ALAN UNGER, VICE CHAIR Recording Secretary TAMMY BANEY, COMMISSIONER STATE OF OREGON ) )SS. County of Deschutes ) Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and ALAN UNGER, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this ___ day of __________, 2012. NOTARY PUBLIC FOR OREGON My Commission Expires: _______ PAGE 2 OF 2 -ORDER NO. 2012-001 Vacation of Knickerbocker Ave. within the North C Acres Subdivision. EXHIBIT "A" 1 OF 3 ~========~========~ ~~----____-L________~ Area of Vacation Locator Map , 0 300 600 900 1,200 Feet Legend -State Highway Printed: September 26 , 2011Road Centerlines D Taxlots The information on this map W!lS derived from dgtel dlllebeses 00 Oeschutes County's G.I.S. Care was taken in the creation of this "'p Deschutes County Road Department map, but it is p,avided"s is·. Deschutes County cennoleecepleny v .... t d 'r-John lInd. rson. GIS S ~cialis t de1II or the underlying records . There are nowerranlies, express or responsibility for errors, orrissioos, 0' positiooalacculllCY in the dgital Phon.. {S04 1)3Z2·7102 Em ..II .johnJ'-lPco.d e~c h u t~1. or. usB±R~" ' _impied, iTJcludng the Wlll11lnty of menchantability or fitness for a Adarell' 6) 150 S£ 27&1 St ""rtieula, purpose, accompanying this proWct. However, nolifieetioo ~nd. Oft 97701 of any errors will bti appreciated. P:lArcGIS_ProjectsWacations\Knickerbocker EXHIBIT "An 2 OF 3 Vacation of a Portion of Knickerbocker Avenue in the Plat of "North C Acres" All of that portion of the "Knickerbocker Avenue Easement" as shown on the official plat of "North C Acres" recorded in the office of the County Clerk of Deschutes County, Oregon, lying west of the southerly prolongation of the west line of "15 th Street Easement" as shown on said plat and on the attached map titled "Map of Knickerbocker Avenue Vacation" which is incorporated herein by this reference. J:\DATA\WORD\Legal-Descripitions\vACATE\Knickerbocker(north C Acres-14-13-21)vacation.doc 9123/2011 7:02 AM M,IB [ Map of Knickerbocker Avenue Vacation -Not to Scale EXHIBIT "An 3 OF 3 NORTH c ACRES Hatching = area to be vacated IN W:&.-SECT/()N-8I.TI4S.RlaE SCALE: 1-. 117(; _f .. ~i.,- 2 ..:-0 I :1 ..• l..<>-.. JI4 4,~; .. ~~ ""~--------~.--.. --,--:;:''1.1u ~,,~, ! ... :~ ~ 3 ~. :1 4~l ~ j'T<. I I ..., ;;1'; '!~ J..LYNCH .. w.;4f. OE,scHurE.s COIINrr.OREGQ/V .. 2 ~--- AVENUE 0 J ~~,t.8 lJ)' ."J:~":; " .. ~ . .,t ;1.:14,: ~ '1 J:\OATA\WORD\Legal-Oescripitions\VACATE\Knickerbocker(north C Acres-14-13-21 )vacation.doc 9/23/2011 7:02 AM MJB