HomeMy WebLinkAboutRes 139 - Initiate Vacation - 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 Please see directions for completing this document on the next page. DATE: November 4,2011 FROM: George Kolb, Interim Road Dept. Director Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution 2011-139, Initiating the Vacation of a Portion of Knickerbocker Avenue Located in the North C Acres Subdivision in Deschutes County, Oregon PUBLIC HEARING ON THIS 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 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 feet reserved for Knickerbocker A venue 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 I there is not an issue of obstructing access to public lands. Signature of Resolution 2011-139 initiates the vacation process. FISCAL IMPLICATIONS: None. All fees required for this vacation have been paid by the applicant. I RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Resolution No. 2011-139, initiating the vacation of a Portion of Knickerbocker Avenue Located in the North C Acres Subdivision in Deschutes County, Oregon. ATTENDANCE: George Kolb, Interim Road Department Director DISTRIBUTION OF DOCUMENTS: After recording, please return a copy to Sheila Od1e(ext. 7148) at the Road Department I REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of a * I I portion of Knickerbocker Avenue located in * the North C Acres Subdivision in Deschutes * County, Oregon, Describing the Property Proposed to be vacated, the Reasons for the * * RESOLUTION NO. 2011-139 l 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 Knickerbocker Avenue located in the North C Acres Subdivision, 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 Knickerbocker Avenue located in the North C Acres Subdivision described in Exhibit "A", 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. DATEDthis ___ day of __________, 2011. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, CHAIR Recording Secretary ANTHONY DEBONE, VICE CHAIR ALAN UNGER, COMMISSIONER PAGE 1 OF 1 -RESOLUTION NO. 2011-139 I' Vacation of Knickerbocker Ave. within the North C Acres Subdivision. ~=========;====~==~ ~ I ~K~E:::::S::-':lE:-Y-·I.:-N-.-J Area of Vacation EXHIBIT "A" 1 OF 3 Locator Map o 300 600 900 1,200 Feet Legend -State Highway Road Centerlines Taxlots Printed: September 26, 2011 John AnderlOll. GIS Specialist P:\ArcGIS_Projecls\Vacations\Knickerbocker EXHIBIT "A~ 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. I J:\DATA\WORD\Legal-DescripitionsW ACATE\Knickerbocker(north C Acres-14-13-21 )vacation.doc 912312011 7:02 AM MJB ; , EXHIBIT "A" 3 OF 3 Map of Knickerbocker Avenue Vacation -Not to Scale ­ NORTH c ACRES IN W". .seCTI()N~/.rI4.s.RI3 E W.M ()C.sCHI.ITrtS CQUHT'Y. OReGON SCALE: ,". IIU;" .... ~ .. 2 .3 I I I I. ! ! ! I '" If [ Hatching = area to be vacated I I i i J:\DATA\WORD\Legal-DescripitionsWACATE\Knickerbocker(north C Acres-14-13-21)vacation.doc 912312011 7:02 AM MJB 1 I t