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HomeMy WebLinkAboutOrder 002 - Vacate Portion - Rock Springs Rd�v[ESC 62 2� Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.o g AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 20, 2010 Please see directions for completing this document on the next page. DATE: January 4, 2010 FROM: George Kolb Road Department 322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2010-002, Vacating a Portion of Rock Springs Road locat :d in the Bear Springs Acres Subdivision. PUBLIC HEARING ON THIS DATE? NO. This is a 100% vacation and no public hearing is required per ORS 368.351. BACKGROUND AND POLICY IMPLICATIONS: Randall Heaton and Barbara Sands approached the Road Department to discuss the vacation of the remainder of a portion of Rock Springs Road that was left over from a vacation that was approved oy the County in September of 2005. The original vacation vacated most of Rock Springs Road along, the east boundary of the Heaton/Sands property but a portion was retained to provide access to tax lot 1611330001100 owned by the Szabo's. Since the 2005 vacation, Heaton and Sands have worked with the Szabo's to do a lot line adjustment (LL -09-124) that adjusts the property lines to make the portion of Rock Springs Road that was not vacated in 2005 rest entirely on the Heaton/Sands property and ilso provided the necessary frontage on a public right-of-way for the parcels owned by the Szabos (see Exhibit 1 for new lot line configuration). The reason for the request as stated by Randall Heaton and Barbara Sands is, "This section deadends on our property, is surrounded on 3 sides by our property (4th side being the right-of-way for Rock Springs Road to the south) and serves as our driveway — no one else has access or need to use it." A field visit by staff to the site verifies this statement. Signature of Resolution 2010-001 initiated the vacation of a portion of Rock Springs Road and signature of OrdaT No. 2010-002 vacates the right-of-way. FISCAL IMPLICATIONS: None. All fees for this vacation process have been paid by the applicant. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of Order No. 2010-002 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz (ext. 7103) 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 Rock Springs Road located in Bear Springs Acres Subdivision in Deschutes County, Oregon, * * * ORDER NO. 2010-002 WHEREAS, proceedings for vacating a portion of Rock Springs Road located in Bear Springs Acres Subdivision 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. Page 1 of 2 — ORDER NO. 2010-002 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, Tax Lot 1611330000802, in accordance with ORS 368.366(1)(c). 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 , 2010. ATTEST: Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON DENNIS R. LUKE, CHAIR ALAN UNGER, VICE CHAIR TAMMY BANEY, COMMISSIONER Before me, a Notary Public, personally appeared, DENNIS R. LUKE, 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 , 2010. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 2 of 2 - ORDER NO. 2010-002 Exhibit "A" 1 of 2 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: V\O I -4'L 4ViAlciL 43 0 c k c Located in T-�,taRou , Deschutes County. Reason for road vacation request:..? k($ sec-6;e}sec-6;eK C is ,o Oy'. 4 Afilk Sl _cif /z 5c,frckA voz '74 DATED this 2-0 day of ©C, 64 NAME JcS ea 1 --Lo STATE OF OREGON ss. County of e s c 12 ,20Oq. ADDRESS CITY STATE ZIP I 01-1 C.) tZc)c.ki .(D -a770 c i) On this Z`iday of t` )c%= 'Z&1. , in the year 20 L) (3 before me, a Notary Public, personally appeared n 1—\0 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 hantetfiOal seal OFFICIAL SEAL LYUoMILA SC NOTARY PU. -OREGON CO, ION .^:O 140r)41 RF .1 Notary Public for Oregon. / My Commission expires: / Road Vacation Summary — Page 4 STATE OF OREGON County of �e�c►,,,+� ) ) ) ss. On this o1 I day of N ber- , in the appeared L. Neck -\--ofd known to me (or proved to me on the basis -of name(s) is(are) subscribed to this instrument, Exhibit "A" 2 of 2 year 20, before e, a Notary Public, personal'y f' personally satisfactory evidence) to be the person(s) whose and acknowledged that he (she, they) executed WITNESS my nd and official seal STATE OF OREGON County of ) ) ) SS. Notary PYlblic for OrLgon. My,Ocngrission expires: OPFICIAL SEAL SU .Y rti SCHAFER NOTARY PUBLIC -OREGON COMMISSION NO. 421444 MY COMMISSION EXPIRES SEPT 9, ?_011 • t 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 STATE OF OREGON County of ) ) ) ss. Notary Public for Oregon. My Commission expires: On this day of , in the year 20 , before me, a Notary Public, personall' 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: I CERTIFY THAT THIS IS THE TRUE AND ORIGIN L PETITIO CIRCULAT=LY ME. SIG TURE Cca) aigo c.G� ,--�auLdv ADDRESS TELEPHONE: -Pfl 3 9-C l -+ 2-/ Road Vacation Summary — Page 5 W 0 -TES Exhibit "B" Page 1 of 3 Road Department 61150 SE 27th St. • Bend, Oregon 97702 ENGINEER'S REPORT (541) 386-6581 • FAX (541) 388-2719 TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: January 4, 2010 SUBJECT: Vacation of a portion of Rock Springs Road 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 with( ut a public hearing if: (1) The county road official files with the county governing body a written report that coriiains 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 acknowlecged signatures of 100 percent of the property owners abutting any public property to be vacated. Background: Randall Heaton and Barbara Sands, owners of tax lot 1611330000802, approached the Road Departn tent to discuss the vacation of the remainder of a portion of Rock Springs Road that was left over from a vacation that was approved by the County in September of 2005. The original vacation vacated most of Rock Springs Road along the east boundary of the Heaton/Sands property but a portion was retained to provide access to tax lot 1611330001100 owned by the Szabo's. Since the 2005 vacation, Heaton Ind Sands have worked with the Szabo's to do a lot line adjustment (LL -09-124) that adjusts the property lines to make the portion of Rock Springs Road that was not vacated in 2005 rest entirely on the Heaton/Sands property and also provided the necessary frontage on a public right-of-way for the parels owned by the Szabos (see Exhibit 1 for new lot line configuration). The reason for the request as stz ted by Randall Heaton and Barbara Sands is, "This section deadends on our property, is surrounded o 1 3 sides by our property (4`h side being the right-of-way for Rock Springs Road to the south) and serves as our driveway — no one else has access or need to use it." A field visit by staff to the site verifies this statement. Since the roadway to be vacated is located entirely on the Sands property, per ORS 368.35 ' , a public hearing is not required for this vacation. Quality Services Performed with Pride Exhibit "B" Page 2of3 Discussion: The Road Department mailed out notices to all interested parties and also utilities serving the are to determine if there was any interest in maintaining a utility easement. The following are the util ties notified and their response to the vacation: Bend Broadband: No Response Cascade Gas: No Response Central Electric: No Response COI Irrigation: No Response Pacific Power: Response dated 12/08/200 from Annette Towery, Services Coordinator, Bend Operations, "Rock Springs Road area is serviced by Central Electric Coop." Qwest Corporation: No Response Squaw Creek Irrigation: No Response Swalley Irrigation: No Response Tumalo Irrigation: No Response Tumalo Town District: No Response Bend Fire Department: "The Bend Fire Department supports the vacation of a portion of Rock Sprit gs Rd" Cloverdale Fire Department: No Response Deschutes County Community Development Department: Response dated 12/10/2009 from PL u1 Blikstad, Senior Planner "A lot line adjustment (LL -09-124) has been tentatively approved that wot ld allow tax lot 1100 to retain the required 50 foot frontage on Rock Springs Road. We believe the lot line adjustment needs to be completed before the vacation is finalized. " Per Exhibit 1, the lot line adjustm(.nt has been completed and filed with the County Surveyor on 11/17/2009. County Legal Counsel: No Response Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Ro..d Department makes the following findings: Exhibit "B" Page 3 of 3 1. The Road Department has verified that a petition under ORS 368.341 has initiated proceeding; 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. 5. The vacated property will vest entirely with tax lot 1611330000802. 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 R )ad Department recommends that the Board approve the vacation of the parcel as described in the attac ied Order No. 2010 — 002 subject to the following conditions: 1. The vacated property shall vest in the rightful owner holding title according to law, tax lot 1611330000802, pursuant to ORS 368.366 (1)(c). 2. A utility easement does not have to be retained on the vacated property 3. No opposition to the vacation is reported to the County prior to this meeting. i Ip A Iz 8 H.ea4 l Noo i ROCK SPRINGS ROAD 11'1'7 �No02 23 wa 50 00' J� 8 gs I-- 230.27 1 C2 °0ne t� 500250.51 14900' (50) a!a a5 �cm ( ` CI y c4k SPRINGS ROAD (011 00214050( (00 N002289'W $4 17 0223.43'0 NO02343'40 (011) 0022'39•W cto Lor 005 (2-(30-10 0001459'0 (24) / 500'4541.1V / NEW LOT UNE LL -09-123 1— 2 00013'424 22091' / NEW /0T LINE LL -09-724 8 / / 1 0 80 8 F 2 2 2 2 88 8 8 8 k 8 84 8= k 8 isle F 8 6 g 2 A 8 8 ix x;44 qg Bxa 9 25 6 6 ' i' AO 1 �RR Q�Ra7 0Ag �p '&11;14 >ag bAb ;gpa pal4 ¢ 2 sa 11 E ' it _:I lig 6F a�appapa p14 ij 4 r; i4 Pi S^a i 11! a A 1g 14-1 „5 3 98 6. 6� P- 1'B r; Ii9 C EQ4 SRB gp sq g6 6'a+ Pa 4 11 id ti ROCK SPRINGS ROAD 252.89' S 14 x '� S ie gra AACA 000005550 2,102.0-9,111 505-m3012 0026'' 60.32 1211) ie4. 4B1 • (N) 43"W 510. I 2 .v -J/4200'03321040//-00-.3 S6. LOT 502 1h NDOKS 2 AK LOi 1700 P 500'43'41'40 51009' r ioi f a-1 7 40 0L902-113,,, 40.11 (50 494'6 2<5 52515 Of BEARINGS 00013'484 967.66' (211) 50075120( 0050 0 (B9) 420101 0v01 493 76' Fg as 040.31 (.4) 8 8 330.00' NoRTH e2e.75' 44(04 4z, 76. 040 =a LNN.'1 N90'A 1/1500015, 010 79 50002000 1000 1010 23 9 RANDAL HEATON & BARBARA SANDS 18270 ROCK SPRINGS CT BEND, OREGON 97701 011.9 LL -09-123 & LL -09--124 FINAL LOT UNE ADJ MAP TYE ENGINEERING, INC. 725 NW HILL - BEND, OREGON 97701 - (541) 389-6959 SALE: 0019: 009 20, 2009 j 0R0.4/. 0.09 403 4'. 1402 CSI,8071 Exhibit "1" Page 1 of 1 TYE ENGINEERING & SURVEYING, INC. 725 /W Hill. Ort'f;vn 977(0/ • (541) 389-6959 • Fax (x41) 3,5 tyecHgr(o'bemir crhle.com tt ebpu;;e: tvc'c°n_i iueer•in .( otr? EXHIBIT "C" Page 1 of 1 ROCK SPRINGS ROAD ROAD VACATION All that portion of Rock Springs Road lying northerly of the northerly right of way of Rock Springs Court as dedicated in the plat of Bear Springs Acres, filed as CS05274, in the Deschutes County Surveyor's office, Oregon, on July 19, 1979, located in the Northwest one-quarter of the Southeast one-quarter of Section 33, Township 16 South, Range 11 East, of the Willamette Aleridian, in Deschutes County, Oregon. Said portion of Rock Springs Road containing 0. l 8 acres, more or less. ROAD VACATION ROCK SPRINGS ROAD LOCATED IN THE NW 1/4 SE 1/4 OF SECTION 33, T. 16 S., R. 11 E., W.M., DESCHUTES COUNTY, OREGON NE CORNER LOT 6, BLOCK 1, BEAR SPRINGS ACRES NW CORNER LOT 6, BLOCK 1, BEAR SPRINGS ACRES 1 LOT 6, BLOCK 1 BEAR SPRINGS ACRES AREA OF ROAD VACATION PER ORDER 2005-076 RECORDED 9-27-05 DES. CO. OFFICIAL RECORDS TAX LOT 802 ROAD VACATION CE 1/16TH CORNER SECTION 33 TAX LOT 1000 ROCK SPRINGS COURT 0 Q 0 CC 0 0 LOT 3 Z BEAR SPRINGS ACRES E 0 00 Y 0 0 CC TAX LOT 1100 TAX LOT 1300 I TAX LOT 1403 TYE ENGINEERING, INC. 725 NW HILL, BEND, OREGON 97701 (541) 389-6959 DATE: OCT 27, 2009 SCALE: 1"=200' DRAWN BY: P.A.T. DWG #: 1402 Portion if Rock Springs Ro'd Vacation Portion of Rock Springs Road to be Vacated z/ UMALO RESERVOIR RD Locator Map 0 500 1,000 December 2, 2009 �.P Deschutes County Road Department Created BY John Anderson, GIS Specialist Phone (571)322-7102 Email johnaEco d 4lutes or us Address 61150 S0 2711h 4 Rend, OP 97702 1,500 Feet Legend Taxlot, i The information on this map was derived herr Deschutes County's G.I.S. Care was taken it map, tut it is provided "es iso. Deschutes Ca. responsibility for errors, orissions, or position data or the underlying records. There are no implied, inducing the warranty of nerchanteb particular purpose, accompanying this produc of any errors will be appreciated. P:\ArcG IS_Projects\Vacation! 3gital databases on the creation of this ily cannot accept any J accuracy in the dgital erranties, 7apress a ity a Illness for a However, notilcation Rock Springs