HomeMy WebLinkAboutOrder 054 - Vacate Part of Knott RdDeschutes 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 1, 2010
Please see directions for completing this document on the next page.
DATE: October 26, 2010
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order 2010-054, Vacating a Portion of the 1913 E.A. Knotts Road
located in Deschutes County, Oregon
PUBLIC HEARING ON THIS DATE? NO. The proceedings for the vacation were intiated by a
petition which contained the acknowledged signatures of 100 percent of the property owners abutting
the property to be vacated therefore per ORS 368.351, no public hearing is required.
BACKGROUND AND POLICY IMPLICATIONS:
In 2005, Deschutes County and Clifford "Bud" Rose, Managing Member of Rose and Associates, LLC
(Rose) entered into a Real Property Exchange Agreement (Document No. 2005-293) concerning the
exchange of property between Rose and County. County Obligation 2.e. stated: "The County will
initiate vacation proceedings for that portion of the 1913 E.A. Knott Road which is south of the Rickard
Road dedication area, referred to in paragraph 2.c.B and along the north line of section 23, except for an
easement, measuring 120 feet by 35 feet for the location of County's monitoring well, which Rose will
be required to grant to County as a condition of approval of the vacation proceedings. Such vacation
will vest title in Rose's adjacent property. County may condition vacation approval on Rose's grant of
an easement over Area 6." This easement was granted to the County per Document No. 2007-195. The
vacation of this right-of-way is all that is left to finalize the obligations of Deschutes County per
Agreement No. 2005-293. During the vacation process, issues arose with the various utilities located
on the right-of-way to be vacated. Rose and Associates, LLC have granted all utilities an easement to
remain on the vacated property so the vacation can proceed. Signature of Order 2010-054 vacates the
right-of-way.
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
Move Board signature of Order No. 2010-054, Vacating a portion of the 1913 E.A. Knotts Road
ATTENDANCE: George Kolb, County Engineer
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 vacating a portion of the 1913
E.A. Knotts Road located in Deschutes
County, Oregon,
*
*
*
ORDER NO. 2010-054
WHEREAS, proceedings for vacating a portion of the 1913 E.A. Knotts Road
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 "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. 10-054
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, in accordance with ORS 368.366(1)(c).
Section 5. That utility easements shall be reserved upon the vacated parcel for
existing utilities per Documents 2010-38575, 2010-38576 and 2010-38577.
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 , 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. 10-054
EXHIBIT "A"
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: Pe -1 -tot a 1 Q 13 .A.TwRco J (Aa,
`bac+46`d Rcici) l� _�� sou of l recent o(eJcGJeJ
ch G4ci , -Fri Ng'/ .FSec- Z3 i'JS R /Z 6
n � o .�
Located in S>✓c. Z 3 'fl's, T /Z e Deschutes County.
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Reason for road vacation request: 1, `'`- t;1 t��� �i)-f r�t .�' (zs nel Ote4;cd-py,
µ.( P.�►Cotn crc.hai (40c4-1-4Riciard le,a, 4o -/eite
crtli4744C-"N 6-F kecti.
DATED this (IA day of i
NAME
agdAi
STATE OF OREGON
County of De‘SCh de s
ss.
,20b7.
ADDRESS
CITY STATE ZIF
On this 40 day offt , in the year 2007, before me, a Notary Public, personally
appeared C _I of/
d. Kc j� 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.
? µt
OFFICIAL. SEAL
WANDA CALLAHAN
NOTARY PUBLIC-OREGON
COMMISSION NO. 388015
) MY COMMISSION EXPIRES JAN. 20.
WI ./S A CA& hofficial seal
Notary Public for Oregon.
My Commission expires: /-2- —ZOO,
Road Vacation Summary — Page 4
Exhibit "B"
Page 1 of 3
Road Department
ENGINEER'S REPORT61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: October 26, 2010
SUBJECT: Vacation of a portion of the 1913 E.A. Knotts 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 without a public hearing if:
(1) 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.
Discussion:
In 2005, Deschutes County and Clifford "Bud" Rose, Managing Member of Rose and Associates, LLC (Rose)
entered into a Real Property Exchange Agreement (Document No. 2005-293) concerning the exchange of
property between Rose and County. County Obligation 2.e. stated: "The County will initiate vacation
proceedings for that portion of the 1913 E.A. Knott Road which is south of the Rickard Road dedication area,
referred to in paragraph 2. c. B and along the north line of section 23, except for an easement, measuring 120 feet
by 35 feet for the location of County's monitoring well, which Rose will be required to grant to County as a
condition of approval of the vacation proceedings. Such vacation will vest title in Rose's adjacent property.
County may condition vacation approval on Rose's grant of an easement over Area 6." This easement was
granted to the County per Document No. 2007-195. The vacation of this right-of-way is all that is left to finalize
the obligations of Deschutes County per Agreement No. 2005-293
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:
Avion Water: Response from Mike Heffernon: "Avion Water Company currently has facilities in this right-of-
way. Please reserve an easement for us." On August 27, 2010, Avion Water submitted a letter
that they are favorable to the vacation subject to an easement being signed by Bud Rose prior to
the vacation being approved by the Board of County Commissioners. On September 29, 2010, an
easement was recorded in favor of Avion Water per document 2010-38576.
Quality Services Performed with Pride
Exhibit "B"
Page 2 of 3
Bend Broadband: Response dated 7/12/07 from Mark Kaupp, Senior Designer, "Bend Broadband does have
existing cable plant and fiber optic cables currently attached to Central Electric Co-op poles
along this area. If these poles are inside this vacation request we need to be included in a public
utility easement where these poles and some of our underground cables are currently located.
On September 29, 2010, an easement was recorded in favor of Central Electric Co-op per
document 2010-38576. This document has a statement in favor of Bendbroadband as follows,
"Central Electric Cooperative shall also have the right to permit other utilities such as telephone
and TV. cable to use the facilities installed in this easement." On October 18, 2010, the Road
Department received a letter from Jeff Liberty, Senior Engineering Technician, Bendbroadband
stating, "Please be advised that Bend Cable is favorable to the power line easement granted to
Central Electric by Rose and Associates along the fore mentioned tax lots."
Cascade Natural Gas: No Response
Central Electric: Response dated 7/20/07 from Judy Barnes, "Central Electric Cooperative, Inc. does have
existing facilities in this right-of-way. We would like to reserve a utility easement. 1 met with
George Kolb of Deschutes County on 7-18-07 on site to discuss Central Electrics concerns." On
September 29, 2010, an easement was recorded in favor of Central Electric Co-op per document
2010-38575.
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
Qwest Communications: Response dated 7/20/10 from Lynn Smith, Manager, ROW, stating that Qwest does
have facilities in the area to be vacated and that it is imperative that Qwest rights be preserved in
the area in the form of a perpetual non-exclusive easement. On September 29, 2010, an easement
was recorded in favor of Qwest Communications per document 2010-38577.
Deschutes County Community Development Department: No Response
County Legal Counsel: No Response
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 proposed for vacation has never been open to public travel and will not be needed for
public travel in the future
3. A utility easement does have to be retained and has been accomplished per documents 2010-38575, 2010-
38576, and 2010-38577.
4. The vacation allows the applicants to better utilize their property and cleans up the title to their property.
Exhibit "B"
Page 3 of 3
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 the vacation of the parcels as described in the attached Order No. 2010-054
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 (1)(c).
2. A utility easement has been retained on the vacated property
3. No opposition to the vacation is reported to the County prior to presentation to the Board of County
Commissioners.
EXHIBIT "C"
Page 1 of 2
Vacation of a Portion of the 1913 E. A. Knotts Road
A portion of the 1913 E. A. Knotts Road as established per Crook County
Commissioners' Journal 5 Page 102 lying in the NE 1/4 of Section 23, Township
18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon
and being more particularly described as follows:
That portion of said Knotts Roads lying south of the south lines of
those parcels dedicated in those dedication deeds recorded in
Volume 2001, Page 53597, Volume 2002, Page 44094 and Volume
2007 Page 24052, Deschutes County Official Records.
The area to be vacated is shown on the attached map titled "Knott Road
Vacation Sketch" which is hereby incorporated by reference.
REGISTERED
PROFESSIONAL
17 ANI SyRVE R
/44/l/PatI)}i ,�
JULY , 1989
MICHAEL J. BERRY
2390 j
RENEWAL DATE: 12-31— `5 i
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PORTION OF
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Vacation of a portion of the
1913 E.A. Knotts Road
8-12/2
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MCGILVRAY•RD
18-12-13
Location of
Vacation
18-12-23
RICKARD RD
ARNOLD MARKET RD
18-12-24
Locator Map 0
1,000 2,000 3,000
Legend
— Road Centerline
Section Line
Taxlot
The information on this map was derived from dgital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as is'. Deschutes County cannot accept any
responsibility for errors, orrissians, or positional accuracy in the dgital
data or the underlying records. There are no warranties, express or
implied, inducing the warranty of merchantability or fibless for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
4,000 Feet
Printed: September 23, 2009
Map Deschutes County Road Department
Created
er:
bum
John Anderson. GIS Specialist
Phone: (541) 322-7102
Email: johnaeco.desclutes.or us
Address: 611505E 27th St
Bend, OR 97702
P;WrcGIS_Projects\Vacations\Rickard Rd