HomeMy WebLinkAboutOrder 026 - Set Hrg - KnickerbockerDeschutes 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 November 21, 2011
DATE: November 4,2011
FROM: George Kolb, Interim Road Dept. Director Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2011-026, Accepting the Engineers Report and Setting a
Date for the Public Hearing Concerning the Vacation of a Portion of Knickerbocker A venue Located in
the North C Acres Subdivision in Deschutes County, Oregon
PUBLIC HEARING ON TIDS DATE? NO
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 feet reserved for
Knickerbocker Avenue is no longer needed for development. The vacation will 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. Signature of Order 2011-026 accepts the
Engineer's report and sets a date of Wednesday, January 4, 2012 for the public hearing concerning this
vacation.
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. 2011-026, accepting the Engineers Report and setting a
date for the public hearing concerning the vacation of a portion of Knickerbocker A venue located in the
North C Acres Subdivision in Deschutes County, Oregon.
ATTENDANCE: George Kolb, Interim Road Dept. Director
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 accepting and approving the *
County Road Official's Report on the vacation *
of a portion of Knickerbocker Avenue located *
in the North C Acres Subdivision in * ORDER NO. 2011-026
Deschutes County, Oregon, setting a date for *
a public hearing, and providing for public *
notice of said hearing. *
*
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2011-139 dated on November 21, 2011; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes
County, Oregon, the County Road Official has submitted a report on the proposed
vacation pursuant to ORS 368.346; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, HEREBY ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated public
road known as a portion of Knickerbocker Avenue located in the North C Acres
Subdivision, Exhibit uN, attached hereto and by this reference incorporated herein, is
hereby accepted and hereby approved.
Section 2. That on Wednesday, January 4,2012, at 10:00 a.m. at the Deschutes
County Commissioner's Hearings Room, Deschutes County Services Center, 1300 NW
Wall Street, Bend, Oregon 97701, the Board will hold a hearing to determine whether
vacation of the subject property, described in Exhibit "B", attached hereto and by this
reference incorporated herein, is in the public interest.
PAGE 1 OF 2 -ORDER NO. 2011-026 l
Section 3. Notice of said hearing shall be provided by posting and publication in
a form that substantially conforms with Exhibit "C", attached hereto and by this reference
incorporated herein, pursuant to ORS 368.346(3} and 368.401 to 368.426.
DATED this __day of ________, 2011.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY. OREGON
TAMMY BANEY. Chair
ATTEST: ANTHONY DEBONE, Vice-Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2 -ORDER NO. 2011-026
Exhibit "A"
Page I of2
Road U8!Di'lrtment
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, Interim Road Department Director, Deschutes County Road Department
DATE: November 4,2011
SUBJECT: Vacation of a portion of Knickerbocker A venue located with the North C Acres
subdivision
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road
right-of-ways or subdivision plat.
Background:
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 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 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.
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:
Bend Broadband: Response dated 10/14/2011 from Jeff Liberty, Senior Engineering Technician,
"Bendbroadband has no problem with this vacation. "
Cascade Gas: No Response
Central Electric: Response from Parnelli Perkins, "c.E.c. has no concerns. "
Quality Services Performed with Pridej
f ~
i
Exhibit "A"
Page 2 of2
COl Irrigation: No Response
Pacific Power: No Response
PGT: No Response
Centurylink: Response dated 1011 0/20 11 from Sue Grudarelli for Lynn Smith, right-of-way Manager, "I
have reviewed this area with our Engineer and determined that Centurylink currently has no facilities in
this area. Therefore, Centurylink has no objection to the vacation as proposed. "
Redmond Fire Department: Response from Clara Butler, Deputy Fire Marshall, "Access does not seem
to be affected by this vacation. Redmond Fire and Rescue has no comments. "
Deschutes County Community Development Department: Response from Paul Blikstad, Senior
Planner, "I don't see any planning issues with this vacation. Not sure why there was an easement
established back in 1969. "
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 signatures of either owners of 60 percent of the land abutting the
property proposed to be vacated or 60 percent of the owners of land abutting the property
proposed to be vacated; and
2. The vacation allows the applicants to better utilize their property and clears up the title to their
property.
3. Based on the responses from notices sent to utility companies, a utility easement is not required
for this vacation.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the
right-of-way to the tax roles and allows the property owners to better utilize their properties. The Road
Department recommends that the Board approve or reject the vacation application based on testimony
received at the public hearing. If the vacation is approved as described in the attached Order No. 2012
001, it shall be 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)(c).
2. A utility easement is not required for this vacation.
Vacation of Knickerbocker Ave.
within the North C Acres Subdivision.
-~====~-:-----KESL:EY"L:N
Exhibit "B"
Page 1 013
t----.-..--.---r---..-~-....,.--...---...----J_----~---f
Area of
Vacation
a 300
Legend
-State Highway
-Road Centenines
Taxlots
600 900 1,200 Feet
Printed: September 26, 2011
Exhibit "8
Page2of3
Vacation of. Portion of Knickerbocker Avenue
in the Plat of "North C Ac...."
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.
~OAT!:12f.!1J II
J:\DATA\WORO\legaI-Descripitions\vACATE\Knickerbocker(north C Acres-14-13-21)vacation.doc
912312011 7:02 AM MJB
Exhibit "B"
Page 3 of 3
Map of Knickerbocker Avenue Vacation
-Not to Scale
NIJRTH c ACRES
2
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,LYNCH
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" --Si,-~.---._.___ :a
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Hatching =area to be
vacated
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912312011 7:02 AM MJB
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEARBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS
WILL HOLD A PUBLIC HEARING ON JANUARY 4,2012 AT 10:00 A.M. IN THE
DESCHUTES COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, DESCHUTES
COUNTY SERVICES CENTER, 1300 NW WALL, BEND, OREGON, ON THE PROPOSED
ROAD VACATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS
MAY APPEAR AND BE HEARD.
NOTICE TO MORTGAGEE. LIENHOLDER. VENDOR OR SELLER: ORS CHAPTER
215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE. IT MUST PROMPTLY BE
FORWARDED TO THE PURCHASER.
In response to a petition by landowners, Deschutes County initiated the vacation
of a portion of Knickerbocker Avenue located in the North C Acres Subdivision in
Deschutes County be vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way
parcels unless there is physical evidence of an existing utility on the parcel, or a utility
company provides evidence of an existing facility, or there is a specific request from a
utility company to retain an easement for a planned future facility.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street,
Bend, Oregon, (541) 322-7148.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
PUBLISHED: Bulletin -Dec. 15,2011 & Dec. 23, 2011
POSTED: Dec. 15,2011
MAILED: Dec. 5,2011