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HomeMy WebLinkAboutOrder 014 - Vacate Portion of Cline Falls HwyDeschutes 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 March 7,2012 DATE: February 27, 2012 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2012-014, Vacating a Portion of Cline Falls Highway located in the Deschutes River Homesites Subdivision, Rimrock Addition. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: The Road Department received a petition from James Dailing and Michelle Poirot; Scott Fraser; and Chad and Susan Bethers requesting that a portion of right-of-way located on Cline Falls Highway lying within the Deschutes River Homesites Subdivision, Rimrock Addition be vacated. When this subdivision was platted in 1961, Cline Falls Highway was under the jurisdiction of the Oregon Department of Transportation (ODOT) and they required a 100-foot-wide right-of-way width for the main roadway, along with additional right-of-way dedicated to allow the installation of a frontage road. The purpose of the frontage road was to consolidate the three lots into one access onto the highway versus one access per lot. This frontage road was never built, and in 1978, ODOT transferred jurisdiction of this road to the County. Because the existing ground drops off from the edge of the pavement at a fairly steep grade, it would not be feasible to build the cul-de-sac, and the individual driveways do not cause a safety issue. The residents would like to have the right-of-way vacated and returned to them as it causes problems with setbacks on the individual properties. All property owners fronting the right-of-way to be vacated have signed the petition making this a 100% vacation; therefore, per Oregon Revised Statute, a public hearing is not required. Resolution No. 2012-017 initiated the vacation of this right-of-way, and signature of Order No. 2012­ 014 vacates the right-of-way and finalizes the vacation process. 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. 2012-014, Vacating a Portion of Cline Falls Highway located in the Deschutes River Homesites Subdivision, Rimrock Addition. ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: After recording, please return a copy to Sheila Odle(ext. 7148) at the Road Department. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order vacating a Portion of Cline Falls * Highway within the Deschutes River * ORDER NO. 2012-014 Homesites Subdivision, Rimrock Addition * located in Deschutes County, Oregon, * WHEREAS, proceedings for vacating a Portion of Cline Falls Highway within the Deschutes River Homesites Subdivision, Rimrock Addition 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. ~ I IPage 1 of 2 -ORDER NO. 2012-014 t t 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) and as shown on Exhibit "0" attached hereto and by this reference incorporated herein. Section 5. That the Deschutes County Surveyor is directed to mark the plat as provided in ORS 271.230. Section 6. 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 ___ day of __________, 2012. 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, ANTHONY DEBONE, ALAN UNGER and TAMMY BANEY 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. 2012-014 Exhibit "A" Page 1 of 4 PETITION FOR VACATION OF A PUBUC ROAD TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS We, the undersigned (holding recorded interest or abutting the proposed property or owning improyements constructed on the proposed property for vacation), WSpectfully request the following descnbed road be vacated. f CL~~s l-hc:..t:h.w°1 Descriptjon of road to be vacated: A RelVn pd J' IS "¢c-(4f-~ ~l nn;" frh;f Q csdwk.s k if({ ~YN.f l k.t' I (2.,~~, 9-0"" 1k 4l Jue., )~o-~WJSI~'-= Located in &=ct /1' !:~l1e ) ,t:/); c ..) , Deschutes County. Reason for road vacation request &~J clef 6~{ ,A ) '. ,v~J.. AI~~~ ;;:" ttS ~ frf..4r<c 1 DATED this I J 12<€> t'4>....:;.:r _____• 20..L1",-1_ day of --.:..._ __t ...;.. PRINT NAME SIGNATURE ADDRESS CITY STAT E ZIP tfve;'6){ C (/!·~ 6 /1)((" ,L:h/t ./ IJI{ t;'7 '1 J ) b ~(1t~C4~[JrrrfA/MtjD at 11}:;J ot1tk?/ul.. f;(~73ed cy-crT 10, STATE OF OR EGO N ) ) &s . County of O eSth~h j, ) On this .kL day of .o!?ceY'l\\o>{( , in the year 20lL, before me, a Notary Public, personally appeareda,\a S 6<-*,,,'('<; personally kn own to me (or prove d to me on t he ba sis of satisfa ct ory evidence) to be the person(s) whose nama(s) is(are) subscribed to this instru ment , and acknowledged that he (she, they) executed it. W~SS ~J~;d official seal OfFICIAl SEAl. WAYNEDROPP Notary1i'Ubifc'for'6fegon.-NOTARY PUSLIC · OfIEOON My Commission expires: ~~ 0, 2.015COWMISSION NO, ~ MY COMMISSION EXPIF\£& JULy 10, ~1e Page 1 of 2 --";:"~.Io4Q,--J.~~~~--~-~--------- edged that he (she, they) executed it. Exhibit "A" Page 2 of4 STATE OF OREGON ) ) 55. Co unty of DesJuJ6 ) '( O· ~~d ay of l>ect, rJu Y ,in the year 2olL.before me , a Notary Public, pers onally appea red <.r personally known to me (or proved to me on the basis of satisfa ctory evidence) to be the person(s) wh ose name(s) is(are) subs cribed to this instru and t hat he (she, they) executed it. o h n STATE O~OREG ON! 1u.-) ... County Of~~C~~±..t> ) ---J~~~"':;'::"'-'> in the year 20J.1 before me, a Notary Public, pe rson alty appeared pe rs onaJIy known to me (or proved to e baa s of satls d ory evi dence) to be t he person(s) whose name(s) is(are) subscribed to this WITNESS my hand and official seal .~ V1d'ft- Notary Public for Oregon. My Comm ission expi res: tJCr: lB', 7dl'i On this __ day of _____-', i n the ye ar -' , • personally appea red _______________________personally kn own to me (or proved to me on the basi s of satisfactory evi dence) 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 Nota ry Public for O regon. My Com mission expires: ____ ___ I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETlnON CIRCULATED BY ME. SIGNATURE ADDR ESS TELEPHONE: ________________ __ Page 1 of 2 STATE OF O RE GON ) ) ss . Cou nty of ______ ) OFFICIAL SEAL BRUCE 0 MOON NOTARY PUBLIC-OREGON COMMISSION NO. 462428 MY COMMISSION EXPIRES OCTOBER 28, 2015 Exhibit"AB Page 30f4 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. Description of road to be vacated: ____________________ Located in ___________, Deschutes County. Reason for road vacation request: ____________________ DATED thiS.:1 day of ~e/.bf/~~::J ,20K. PRINT NAME SIGNATURE ADDRESS CITY STATE ZIP ~l Ickdle T~;;t ~-7 Jz~/t:lt../r11ril rP4QQ 4 l i r VI£ Fz:.. 11 s ili g e~i, ute cr ( 7(.) J STATE OF OREGON .1'\" 5S. County of 'pR~llIJ-rP) )'Sr ' On this 1 day of r~bV'~ .·n the year 20~. before me. a Notary Public, personally appeared ,·e ". 61 r: ' 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. W1wSS my hand and official seal 'J::a.4kl~C· ~ Notary Public for Oregon. "" c '" /'/ r" My Commission expires: (!>C:r;. i/O, ~-:> t.OFFICIAL SEAL BRUCEDMOON NOTARY PUBLIC-OREGON COMMISSION NO. 462428 MY COMMISSION EXPIRES OCTOBER 28, 2015 Page 1 of2 I Exhibit "A" Page 4 of4 STATE OF OREGON County of ______ ) ) ) 55. 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 ) T'\ J ... ,.,) ss. County of va4c1J1C¥ } ~fI#.~~E:!;;;~" in the year 20 12.r before me, a Notary Public, personally appeared _2..!:!Ii:2Ji!!kZ::1-..L.!....L...........I,;j;u;..Q....!:::::!I;~L._.__________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. WITNE~my hand and official seal ~:-4~ Notary Public for Oregon. My Commission expires: ~d, ~Z() I :5 I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. ~7!/JAti&&/UV S~NATURE /;qqlt1 tJinb wI? M./Pmd, p£ Cf77t7/ ADDRESS TELEPHONE: 5q} -311-F[qdlt Page 1 of 2 Exhibit "B" Page 1 of3 Road De rtment 61150 SE 27th St . • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 ENGINEER'S REPORT TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: February 28, 2012 SUBJECT: Vacation of a portion of the Cline Falls Highway within the Deschutes River Homesites Subdivision, Rimrock Addition. 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 received a petition from James Dailing and Michelle Poirot; Scott Fraser and Chad and Susan Bethers requesting that a portion of right-of-way located on Cline Falls Highway lying within the Deschutes River Homesites Subdivision, Rimrock Addition be vacated . When this subdivision was platted in 1961 , Cline Falls Highway was under the jurisdiction of the Oregon Department of Transportation (ODOT) and they required a 100 foot wide right-of-way width with additional right-of­ way dedicated to allow the installation of a frontage road. The purpose of the frontage road was to consolidate the three lots into one access onto the highway versus one access per lot. This frontage road was never built and in 1978, ODOT transferred jurisdiction of this road to the County. Because the existing ground drops off from the edge of the pavement at a fairly steep grade, it would not be feasible to build the cul-de-sac and the individual driveways do not cause a safety issue. The residents would like to have the right-of-way vacated and returned to them as it causes problems with setbacks on the individual properties. 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 : Quality Services Performed with Pride Exhibit "B" Page 2 of3 Avion Water: No Response Bend Broadband: No Response Cascade Gas: No Response Central Electric: Response from Parnelli Perkins dated February 21, 2012, "CEC is infavor ofthe ROW vacation. " Central Oregon Irrigation District: No Response Laidlaw Water: No Response I J Pacific Power: Response from Matthew Wurth, Operations Manager dated February 9, 2012, "Pacific Power requests the retention of the noted right-ol-way due to existing facilities that are located there. Currently Pacific Power has a main 3 phase overhead line along with single phase lines, poles transformers, and services. Please see the attached map of Pacific Powers facilities. Please give me a call for further discussion. Thank you!" On February 23, 2012, I informed the petitioner, Chad Bethers that the residents will have to work with Pacific Power to grant them an easement for any facilities they may have in the right-of-way to be vacated. On February 24, 2012, I received the following e-mail correspondence from Matthew Wurst, "My estimator went to the site and took measurements. Pacific Power is ok with the vacation ofthe additional easement outside ofthe road RlW" Based on this e-mail, there will be no easement reserved for Pacific Power. CenturyLink: No Response Swalley Irrigation: No Response Tumalo Irrigation: No Response Bend Fire Department: No Response Sisters Fire Department: No Response Deschutes County Community Development Department: Response from Paul Blikstad dated February 13, 2012, "Right of way does not appear to be needed. It appears that 1 or 2 of the acijacent property owners have built fences within the right of way that will remain. This would seem to be a problem, especially in the case of an accident. Additionally this would be an illegal fence under DCC 18.116. 120(A) ". The Road Department has been in touch with the residents concerning the fence and have written letters to all involved informing them that the fence is an illegal installation and that if there is an accident, they could be liable for damages. County Legal Counsel: No Response Exhibit "8" Page 3 of3 Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department makes the following findings: 1. 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. A utility easement does not have to be retained on the right-of-way being vacated. 4. The vacation will allow the applicants to better utilize their property and also resolves any setback issues that arose because ofthe right-of-way. Recommendation; It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right-of-ways to the tax roles and allows the property owners to better utilize their properties. The Road Department recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2012 -014 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 (1)(c). 2. A utility easement will not be retained on the vacated property. 3. No opposition to the vacation is reported to the County prior to signature of Order No. 2012 -014. f I I Vacation of Right-of-way in Deschutes River Exhibit "e" Homesites Rimrock Addition ~age 1 of3 Locator Map oa: en z :::; ....J L..-_____ ____...........................JIiI--"''-'-' of any .ra'S will be appreciated . A_ ' Right-of-way to be Vacated o 200 400 Legend -Road Centerlines D Taxlots D Deschutes river The inrorma~on on this map was derived from dgtal databases on Oeschulll$ County's G.I .S. Care was laken in the creation of th is map, but ~ is prOl/ided"as is". Deschutes County cannot accept any responsibility fa" errors, orrissions, or positional accuracy in the dgital date or the underlying records. There are no warranties, express a" implied, incfudng the warranty of merchantability a" fitness tbr a particular purpose, accompanying this prodJct. However, notification 600 800 Feet Printed: January 17,2012 .... Deschutes County Road Depdrtment Cr-._4... John Mdcnon CilS Sj>ecioII$I Ph(lf1~ IS"" 3D.-JIOl EmaII.John~_deschulnar_w M~rf'1S':61 1 5Q'S£nmU _o.CNI?7702 P:lArcGIS_ProjeclslVacationsICline Falls Highway 8 Exhibit "e" Page 2 of3 RIGHT OF WAY VACATION The portion of additional right-of-way on the Cline Falls Highway as shown on the official plat Deschutes River Homesites Rimrock Addition I in the SW 114 of Section 29 and the SE 114 of section 30, T16S R12E, i I I Willamette Meridian, Deschutes County, Oregon, and being more particularly described as: I ~ All of the portion of additional right of way along Cline Falls Highway in lots 3], 32 and 33 of the plat of Deschutes River Homesites Rimrock Addition lying easterly of the easterly 50.00 foot right of way line of said1 I Cline Falls Highway_ .t Sun Country Engineering & Surveying, Inc. _"""i.*,."".""'__,.........,_,~~....,_...""_c.'<.""'"."..,;.\.~~~~~<:',>/__~,....~_.....,_~'~',;Ioo1••••(,i.."~·"......MIi· X '1 ttt~ltztft1""+w T(tr!Mw.'i;:l)'w' k'. i1\h'i~'1I'u"'-...~"~-AoMIw~-...~"":i<~4"""*'~I>""'·~~... ~...,._~__"~_'"'~._~_~,~~;;...c........~._,_,"'-,_,.c_"c._.__. Exhibit "e" 3 of3 \ \ 1/< __ s.c.,.. 20 \ LOT 20 r..t..., ~.of Way u.. LOT 33 -t.. \ I'" \ \ "'!'\ \~~ \:~ \~ \0 \ \ \ LOT 21 LOT 32 LOT 22 LOT 23 LOT 31 LOT 324 LOT 33 \ PREUMINARY VACATION PLAN JANUARY 10, 2012 RIGHT OF 'fAY VACATION ADJACENT TO LOTS 31,32, AND 33, DESCHUTES RIVER HOMESITES RIlIROCI ADDmON, LOCATED IN THE S'f 1/4, OF SECTION 29, AND THE SE 1/4, OF SECTION 30, TOWNSHIP 16 SOUTH, RANGE 12 EAST, 'fILI..AME'rl'E MERIDIAN, DESCHUTES COUNTY, OREGON OWNER: LOT 31 CHAD BETHERS 64968 ruNE FAllS ROAD BEND. OR 97701 O'MIIER: LOT 32 SCOTT FRASER 64986 ruNE FAllS ROAD~ BEND. OR 97701 O'MIIER: LOT 33 JAMES DAIUNG '" MICHEllE POIROT 64994 ruNE FAllS ROAD BEND. OR 97701 Hok .QI ~are t'Offt Plat 1/SITE '}1~ L't"$'h..!tc.:o ;U!1"kli-o ,!l7 ' 'I'.....bin ~t ~ ~,~~f·U*_10_\ LOCA liON MAP SUN COUNTRY ENGINEERING & SURVEYING t INC. I nile VACATION PLAN FOR CHAD BETHERS920 S.E. ARMOUR ROAD BEND. OREGON 97702 PHONE 382-8882 EXHIBIT "D" VESTING OF VACATED RIGHT-OF-WAY \ \ \. )-\ ~--~--".~.-.~...---------I LINE LOT 33 A LOT 32 ACCORDING TO THE DESCHUTES COUNTY CARTOGRAPHER, ONCE THE VACATION IS COMPLETE THE PROPERTY LINES WILL BE EXTENDED AS FOLLOWS: LINE A WILL EXTEND FROM THE PLATTED CORNER COMMON TO LOTS 32 AND 33 IN A STRAIGHT LINE TO THE RADIUS OF THE CUL-DE-SAC BULB. LINE B WILL EXTEND FROM THE PLATTED CORNER COMMON TO LOTS 32 AND 31 IN A STRAIGHT LINE PERPENDICULAR TO THE EAST RIGHT-OF -WA Y LINE OF THE CLINE FALLS ROAD (HIGHWAY).