HomeMy WebLinkAboutRes 120 - Vacation of 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 Resolution 2010-120, Initiating the Vacation of 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 this Resolution initiates the
vacation process.
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
Move Board signature of Resolution No. 2010-120, Initiating the vacation of 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
A Resolution Initiating the Vacation of a
portion of 1913 E.A. Knotts Road located in
Deschutes County, Oregon, Describing the
Property Proposed to be vacated, the
Reasons for the Vacation, and requesting
that the County Road Official file a Report.
RESOLUTION NO. 2010-120
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 E.A. Knotts Road, located in Bend 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 E.A. Knotts Road 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.
DATED this day of , 2010.
ATTEST:
Recording Secretary
PAGE 1 OF 1 -RESOLUTION NO. 2010-120
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
TAMMY BANEY, COMMISSIONER
EXHIBIT "A"
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 Tying 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
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JULY 215. 1989
MICHAEL J. BERRY
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61150 S.E. 27TH STREET, BEND, OR. 97702
VACATION OF A PORTION OF THE 1913 E.A. KNOTTS ROAD
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Vacation of a portion of the
1913 E.A. Knotts Road
18-12-14
MCGILVRAY•RD
18-12-13
18-12/2
Location of
Vacation
18-12-23
RICKARD:RD
ARNOL•D MARKET RD
18-12-2
Locator Map
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Legend
— Road Centerline
El Section Line
Taxlot
3,000
The information on this map was derived from dgtal databases on
Deschutes County's t3J.S. Care was taken In the creation of this
map, but it Is provided "as is". Deschutes County cannot accept any
respornibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, includng the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
4,000 Feet
Printed: September 23, 2009
µ,P Deschutes County Road Department
Created
BY, •
John Anderson. GIS Specialist
Phone: (541) 322-7102
Email:johna®co.desdlutes.or us
Address: (.,l150 SE 27111 St
Bend, OR 07702
P:VIrcGIS_ProjectstVacationslRickard Rd