HomeMy WebLinkAboutRes 017 - Initiate Vacation - 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
Please see directions for completing this document on the next page.
DATE: February 27, 2012
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2012-017, Initiating the Vacation of 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. Signature of Resolution No. 2012-017
initiates the vacation of this right-of-way.
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Resolution No. 2012-017, Initiating the Vacation of 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 OdIe (ext. 7148) at the Road Department.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a *
Portion of Cline Falls Highway within the *
Deschutes River Homesites Subdivision, *
Rimrock Addition, located in Deschutes * RESOLUTION NO. 2012-017
County, Oregon, Describing the Property *
Proposed to be vacated, the Reasons for the *
Vacation, and requesting that the County *
Road Official file a Report.
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for
vacation of a public road known as a Portion of Cline Falls Highway within the Deschutes River Homesites
Subdivision, Rimrock Addition, located in Deschutes County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest to
consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to
vacate a Portion of Cline Falls Highway within the Deschutes River Homesites Subdivision, Rimrock Addition
described in Exhibit "Au, attached hereto and by this reference incorporated herein, because it appears the
road is no longer needed for public use, and will not be needed in the future.
Section 2. That the County Road Official shall file a Report with the Board of Commissioners,
describing the ownership and uses of property to be vacated, and whether the vacation would be in the public
interest, within fourteen (14) days of the date of this Resolution.
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
PAGE 1 OF 1 -RESOLUTION NO. 2012-017
Vacation of Right-of-way in Deschutes River
~a~~b~t ~~; Homesites, Rimrock Addition
Right-ot-way
to be Vacated
Locator Map o 200 400 600 800 Feet
Legend
--Road Centerlines
Printed: January 17, 2012o Taxlotso a: o Deschutes river (/) z
j
The infcnnation on this map was derived from dgtal databases on
Deschutes County's G.I.S. Care was taken in the creation of this .... Deschutes County Road Department
map, but it is provided "as is". Deschutes County cannot accept any ..c-...
responsibility for errors, Drrissions, Dr positional accuracy In the dgital John And-=>n G~ ~
data Dr the underlying records. There are no warranties, express or PI"Ian~ {5-i ' I 122&7101
implied, indudng the warranty of merchantability orlitness for a Emill.jOhJ'ufko.G.HCtlul~ CJII".w
AO,U.",· 6 1150 SE:vth Sl particular purpose, accompanying this prcdJct. However, notification 8",'" Of! ?770l
'--_____ ____ _ ___ of any errors will be appreciated.
P:lArcGIS_ProjectsIVacationsICline Falls Highway
...&.... .............. ...... ...
8
Exhibit "A"
Page 2 of3
RIGHT OF WAY VACATION
The portion of additional right-of-way on the Cline FaJ]s Highway as
shown on the official plat Deschutes River Homesites Rimrock Addition
in the SW 114 of Section 29 and the SE 114 of section 30, T16S R12E,
Willamette Meridian, Deschutes County, Oregon, and being more
particularly described as:
All of the portion of additional right of way along Cline Falls Highway in
lots 31, 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 said
Cline Falls Highway.
Sun Country Engineering & Surveying, Inc.
·· · '""~ ___ __ ___ _ --·-""",-,<t~·'~·""r~""·)···"""'''''""''''''_" ___~_'_ _~!""...
Exhibit "A"
Paae 3 ot3
PREUMINARY
VACATION PLAN
\ JANUARY 10. 2012
\ .. 1/. eo.-_ ... 20 RIGHT OF WAY VACATION ADJACENT TO LOTS 31.32. AND
DESCHUTES RIVER HOMESITES RDlROCK ADDmON,
LOT 20
I5(Y £_y~'of ...y t..M LOT 33
LOT 21
~I of Woy 10 ... _ ...
LOT 32
LOT 22
\.,:l
0y
\0
LOT 23
\ LOT 31
\ LOT 324
\ LOT 33
LOCATED IN THE SW 1/4: OF SECTION 29, AND THE
SE 1/4: OF SECTION 30, TOWNSHIP 16 SOUTH. RANGE
\ 12 EAST, WILI..AME'ITE MERIDIAN.
DESCHUTES COUNTY, OREGON
\-~' OWNER: LOT 31
CHAO BETHERS
64968 CLINE FAlLS ROAD
BEND. OR 97701
OWNER: LOT 32\«\
\
SCOTT FRASER
64986 CLINE FAlLS ROAD~ BEND. OR 97701
\-1\ OWNER: LOT 33
JAMES DAiUNG ac MICHELlE POIROT
64994 CLINE FAlLS ROAD\~~ BEND. OR 97701
V Mot« ,. ~a. hm fItcrt
\
~/SITE
" III :::('S.fL;t'l1~
~\JrniJIQ if'!"
"l
>i l
.~~
bin t>_:-'::t;~ NI~.ilS 2:" ~ ~~~it.~I::'f:_10_LOCA1100 MAP
33.
INC. 1TlIhSUN COUNTRY ENGINEERING & SURVEYING, VACATION PLAN
FOR CHAO BE1H£RS920 S.E. ARMOUR ROAD BEND, OREGON 97702 PHONE 382-8882
1'.0. .. ftiIIiRji