HomeMy WebLinkAboutOrder 001 - Vacate Part of 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 February 1, 2012
DATE: January 20, 2012
FROM: George Kolb, County Engineer 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? NO - A public hearing was held on January 4,2012 and
because of issues raised by Central Electric Co-op (CEC) concerning its access over the vacated right
of-way, the oral part of the hearing was closed but the written record was kept open until CEC was
satisfied with the status of the rights concerning the vacated right-of-way.
BACKGROUND AND POLICY IMPLICATIONS:
Billy and Priscilla Hardin approached the Road Department on behalf of residents living along the
right-of-way of Knickerbocker A venue 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 ifthe 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 Avenue 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 Officials 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 was opposed to the vacation and notified the Road Department in a
letter dated December 9, 2011. At the hearing, CEC stated they were opposed to the vacation, but were
willing to work with the homeowners along the right-of-way to come up with an easement to allow
CEC access to their facilities. Once the easement was in place, CEC would not oppose the vacation.
The Board of County Commissioners, based on concerns raised by CEC, made the decision to close the
oral testimony part of the hearing but the written record would be kept open until CEC was satisfied
with the status of their rights concerning the vacated right-of-way. CEC met with the landowners and
as a result of this meeting, CEC was able to obtain easements from the individual landowners per
Documents 2012-01341, 2012-01342, 2012-01343, 2012-01345 and 2012-01346. Attached is a letter
from CEC dated January 19,2012 stating their interests in the vacated right-of-way are satisfied and
they are favorable to the vacation of Knickerbocker Avenue.
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Order No. 2012-001, Vacating a Portion of Knickerbocker
Avenue Located in the North C Acres Subdivision in Deschutes County, Oregon
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
After recording, please return a copy to Sheila OdIe (ext.7148) at the Road Department
.....
• CENTRAL ELECTRIC
/' COOPERATIVE, INC.
January 19, 2012
George Kolb, PE
Deschutes County Engineer
6150 SE 2ih Street
Bend Oregon 97702
Dear Mr. Kolb,
I am writing regarding the proposed vacation for the portion of the "knickerbocker Avenue Easement"
situated on the plat of "North C Acres", located in the Southwest Quarter of Section 21, Township 14
South, Range 13 East, Willamette Meridian, Deschutes County, Oregon; adjacent to Deschutes County
Tax lot's 141321C006400, 6500, 6600, 6700, & 6800.
Since the recordation of the attached Central Electric Cooperative Power line Easement's dated
01/18/2012 (see attached five recorded documents), Central electric Cooperative is favorable to the
right of way vacation.
Thank you for your help on this process; if you need any additional information, please feel free to
contact me.
rkins
ight of Way Specialist
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 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 utility easements shall be reserved upon the vacated parcel for existing utilities per
Documents 2012-01341,2012-01342,2012-01343,2012-01345 and 2012-01346.
PAGE 1 OF 2 -ORDER NO. 2012-001
Section 4. That the Deschutes County Surveyor is directed to mark a copy of the plat, if any, as
provided in ORS 271.230.
Section 5. 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
ATIEST:
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
Locator Map
Vacation of Knickerbocker Ave.
within the North C Acres Subdivision.
~,========~========~ ~
Area of
Vacation
o 300 600 900 1,200 Feet
EXHIBIT "A"
1 OF 3
Legend
, State Highway
-Road Centerlines
o Taxlots
lne inJorrmlIion on this map was derNed from dgiCal clataba5es Ul
OeschuM Countys G.I.S. Care was taken in tne aeation "rthis
mlilp, but it is provided "as is". Deschutes County cannot accept any
responsiblity lor errus, omissims, or positimal ecc:uracy in the dgital
dorta or tne underlying rec:ordo. 1 here are no warranties, e<p-r.ss or
impiad, includng tt.ew8I'.anty of mercnantllblity a fitness for a
pilrticula, purJlOSII, au""'fI"rrying tnis p'oa..ct. However, ndilCaliUl
of "tTY ..rDB will be epprec:iat5d.
Printed: September 26,2011
-. Oeschutes County Road Depa.rtment
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P:lArcGIS_ProjectsWacationsll<nickelbocker
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.
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EXHIBIT nAn
3 OF 3
Map of Knickerbocker Avenue Vacation
-Not to Scale
NORTH c ACRES
IN W~ SCCTlONJlI.rl#S.RI:.9r HIM DE.$CHIITr>5 CIJUNry. OREGON
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West line of "15th Street Easement"
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