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Home My WebLink AboutOrder 032 - Vacate Tumalo AlleyDeschutes 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 July 25, 2012 Please see directions for completing this document on the next page. DATE: July 16, 2012 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2012-032, Vacating an Alley in Block 15 between 4th Street and 5th Street in the Laidlaw Subdivision (Tumalo) PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County received a petition from Frederick Cronin and Deanna Clark to vacate an alley located in the Laidlaw Subdivision (Tumalo). The alley lies within Block 15 of the subdivision and is further described as running in a north-south direction between Bruce A venue on the east and Wood Avenue on the west. The alley is bound by 4th St. on the north and 5th St. on the south. The location of the alley is shown on attached Exhibit"1 ". There are no roadway improvements located in the alley which is vacant and has never been open to traffic as far as we have been able to determine. From evidence on the ground, no above ground or overhead utilities exist within this section of alley. There is an irrigation line owned and operated by the Tumalo Town District Improvement Co. that traverses the property. They are not opposed to the vacation as long as their easement is retained. The alleys both to the north and south of this parcel have also been vacated. The applicants have requested the vacation because they are planning on developing the property and the alley is a hindrance to their proposed plot plan. Signature of Order No. 2012-032 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. 2012-032, Vacating an Alley in Block 15 between 4th Street and 5th Street in the Laidlaw Subdivision (Tumalo) ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: After recording, please return a copy to Sheila Odle(ext. 7148) at the Road Department Vacation of Alley within Block 15, Townsite of Laidlaw Exhibit "1" Page 1 of 1 J 20 I Alley to be I--'1-4TH 'ST ~Vacated ~ A;-w ~ c 0 0 ~ ~ 1/ Y 1/ w ~ W U ::> " [II t ~~\ I I I I I Locator Map I -TUMALORD ~r \.~ c)' j \ \ w ~ ~ 0 0 U 5TH 'ST w - ~ r- z 0 ~ <:I: ~ " I- I I I '\ a 200 400 600 800 Feet Legend -State Highway Printed : June 11 , 2012 -Road Centerlines D Taxlots • John Analyst Pho<1e: (541 ) 322-7102-... Ema . : john,anderSOfl~org• GIS _ : 6 11 50 SE 27th 51 OR 9n 02 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order vacating an Alley in Block 15 * between 4th Street and 5th Street in the * ORDER NO. 2012-032 Laidlaw Subdivision (Tumalo) in * Deschutes County, Oregon, Oregon, * WHEREAS, proceedings for vacating an Alley in Block 15 between 4th Street and 5th Street in the Laidlaw Subdivision (Tumalo) 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 "An 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. Section 3. That the property, described in Exhibit "C" attached hereto and by this reference incorporated herein, is hereby vacated. Page 1 of 2 -ORDER NO. 2012-032 t I I 1 1 I I 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) (d). Section 5. That the parties understand that the Tumalo Town District Improvement Co. easement shall remain in place and not be affected by this vacation. Section 6. That the Deschutes County Surveyor is directed to mark the plat as provided in ORS 271.230. Section 7. 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. 2012-032 Exhibit "A" 10f2 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 ofroadto be vacated: AL..L.. of TJ~T c.etz:rAN ZO'v../4t;,6 ~L l.a"j S 'TU~·;:t'~ t J..l 12t..e:'CJ:; I ~~ ,0uJ ~l l:"ES" c:!>F ,b&..l'PL-AvJ} D~sc.Aur~ &UM-r"'y J e;~~ Located in ((P -I 'Z -'3 \"A. ,Deschutes County. Reason for road vacation request: LA.. \..l.D U Sl5 9 f?=t 0 1? l ('6"'S" ~. --)( J~ . ... 1:2 DATEDthis ?'1 dayo(·_~~""""""'~"","___" 2o__. PRINT NAME ; ADDRESS ; CITY . STATE ZIP ~qcJV.~~P 1948S' APDi Pp ~1JR.977tJ/ 1965S= 41!f~r. ~..<4) tllf!. 477t)J-:D~Vtl L?~ ~ \ 1 STATE OF ORE } ) 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: ______ Page 1 of 2 L PETITION C~.TED (/( UC~ ___~-:---:--:--::---__:_:__-_:___:____:_--__:_:_--personally known to me (or proved to I me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this I instrument, and acknowledged that he (she, they) executed it. 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. 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. I CERTIFY THAT THIS IS THE TRUE AND ORIG I 1 I STATE OF OREGON )I } Countyof ______ ) 1 On this _ day of I 1 STATE OF OREGON )1 I jI )1 County of 1loyJ1 ~) 'I On this ","'day of 1vt . C OFACIALSEAL BRUCE D MOON NOTARY puBUC-OREGON COMMISSION NO. ~ MY COMMISSION EXPIRES OCTOBER 28, 2016 STATE OF OREGON } County of 1Jf>>c Ir tlr7""f?5 ~ On t' Z''Z~ay of ItA A ~ OFFICiAl SEAL BRUCE D MOON NOTARYPUBU~EGON COMMISSION NO. 462428 MY COMMISSION EXPIRES OCTOBER 28, 2016 OFFICIAL SEAL BRUCE D MOON NOTARYPUBU~EGON COMMISSION NO. 462428 MY t;:9MMISSION EXPIRES OCTOBER 28, 2016 WITNESS my hand and official seal Notary Public for Oregon. My Commission expires: _______ ss. , in the year 20 Iz.., before me, a Notary Public, personally appeared personally known to me (or proved to Exhibit "A" 2of2 ss. , in the year 20_, before me, a Notary Public, personally appeared WITN~ha~seal Notary Public for Oregon. . 0 My Commission expires: ~r,.'2 0 ~ WIT:CSS my hand and official seal • / 'l'Vf/~.., _ . v~ ~ Notary Public for Oregon. . My Commission expires: tlcr 2/?! 2£J IS ss. ,In the year 20 Jz... before me, a Notary Public, personally appeared ( personally known to me (or proved to Page 1 of 2 EXHIBIT "B" Page 1 of3 Road UeDalr1:nnerl1: 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: July 11, 2008 5thSUBJECT: Vacation of an Alley 10 Block 15 between 4th Street and Street in the Laidlaw Subdivision (Tumalo) 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: 1 Deschutes County received a petition from Frederick Cronin and Deanna Clark to vacate an alley located in the Laidlaw Subdivision (Tumalo). The alley lies within Block 15 of the subdivision and is further described as running in a north-south direction between Bruce Avenue on the east and Wood Avenue on I the west. The alley is bound by 4th St. on the north and 5th St. on the south. The location of the alley is shown on attached Exhibit" 1" I There are no roadway improvements located in the alley which is vacant and has never been open to traffic as far as we have been able to determine. From evidence on the ground, no above ground or overhead utilities exist within this section of alley. There is an irrigation line owned and operated by the Tumalo TO\\>TI District Improvement Co. that traverses the property. They are not opposed to the vacation I as long as their easement is retained. The alleys both to the north and south of this parcel have also been vacated. i The applicants have requested the vacation because they are planning on developing the property and the ! i vacation is a hindrance to their proposed plot plan. This small segment of alley right-of-way proposed for vacation has not been utilized for roadway purposes and Deschutes County has no need for the right-of way for future transportation purposes. I a Quality Services Performed with Pride EXHIBIT "B" Page 2 of3 Discussion: 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: Arnold Irrigation: No Response Avion Water: No Response Bend Broadband: No Response Cascade Gas: No Response l J Central Electric: No Response Central Oregon Irrigation District: No Response Laidlaw Water: No Response Pacific Power: No Response PGT: No Response CenturyLink: Response from John Unverferth, Qwest right-of-way agent dated 6/20/2012 "This letter is in response to the notice for the above referenced proposal. Please be advised that Qwest Corporation dba CenturyLink QC currently has NO facilities in the area addressed by this action, and has no objections to this proposal. " Squaw Creek Irrigation: No Response Swalley Irrigation: No Response Tumalo Irrigation: No Response Tumalo Town District: Response from Nena E. Close, Secretary, "Tumalo Town District Improvement Co. has an easementfor lateral ditch, which crosses underneath Wood Avenue andflows as an open ditch through lots 7 -12. We understand that a portion of the ditch will be piped by the owner. Currently there are no water rights on lots 1 12, Block 15; the ditch flows thru it to provide irrigation to lots 13 24. " Bend Fire Department: No Response i j Deschutes County Community Development Department: Response from Paul Blikstad, CDD, "The 1 alley does not appear to physically exist. There is no reason to keep it. " i I EXHIBIT "B" 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 have to be retained on the right-of-way being vacated. This is an existing easement for Tumalo Town District Improvement Company and will not be affected by the vacation. 4. The vacation will allow the applicants to better utilize their property for future development. 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 -032 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 (l)(d). 2. A utility easement will be retained on the vacated property. This is an existing easement for Tumalo Town District Improvement Company and will not be affected by the vacation. 3. No opposition to the vacation is reported to the County prior to signature of Order No. 2012 -032. Exhibit "c" Page 1 of2 Legal Description Vacation of the Alley in Block 15 of the Townsite of Laidlaw (Tumalo) All ofthe alley in Block 15 as shown on the official plat of the Townsite of Laidlaw recorded and filed in Cabinet A, Page 38 ofthe plat records in the office ofthe County Clerk, Deschutes County, Oregon C:\Users\Kolb\AppData\LocaJ\Microsoft\WindoWS\Temporary Internet Files\ContentOutlook\KOZHFW A V\Laidlaw Alley Vacation.doc 4thT-Proposed Vocation S 89'59'4""£ 105.06' ( Lot 1 ..........1 ::::: Lot 2 TaJ( Lot J400 ST- S 89'59'44-£ -:-1~ 104.92' Lot 24 " I ; EXHIBIT MAP FOR PROPOSED ALl,EY VACATION BLOCK 15, TOWNSITE OF LAIDLAW, SITUATED IN THE NB 1/4 OF SBCTION 81, T18S, R1BB, If.M., DBSCHUTBS COUNTY, OREGON r:: Lot J Tax Lot Jf07 :::::::::: '\ "7 ~ I ~ ~ ~ I! Lot 4:> 9. TaJ( Lot J40J \..--0 ~ ~C! Lot 5 ~ ~~ ~ 1 ~~ o U ,~I> ::l I~ § Q ;~ u ~ Le,al Desrlption: All that port of the olley, Block IS, Townsite of Laidlaw, Deschutes County, Oregeon Olmers; DOCUJIBNT 1201.2-01.48'1'1. Desohutes COUDQ' Ottl.olal Reooru Lots 1.-J2 (1'.% Lom 8400. 8408-84015, It 840'1-8409) Frederick W. Cronin, Jr. 19485 Rudi Rd. Bend. OR 97701 I 01 ~ 1 r Lot 9 Lot 10 I~ ::: I ~ DOCUJIBN'I' IBOJJ -080Bl8. DelOhutes COUDQ' OMoI.al Reoord. Lots 1.8-1." (f'u Lot 8401.) Frederick W. Cronin, Jr. 19485 Rudi Rd. ~ Bend, OR 97701 Lot 11 TaJ( Lot 3405 I .10\ Lot 12Is..... oo'W 105...• ..... .", .. ..... ..... s ..." 00 Lot 14 Lot 13 104.92 § ::l ~ -.J DOCUJIBHT 194-1.8J94, Desohute. COUDQ' OMo1aJ Reoords Lots 1.8-84 (I'~ Lot 8408) Deanna Clark 19835 4th Sf. Bend. OR 97701 -- 5th ST ~ 60 o 60..... ~ 120 ••••• _"'ll~I_ a:.:::::.~-:!:...__ GRAPHIC SCALE· -FEET 180 Fred. A. Mt, Jr. and Al'l'oclatel' It)7 Sll'terl' Park DrJve P.O. Bo% 7t)1 Sil'terl', On,on 977t)9 t)41-t)49-78t)J ... 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