HomeMy WebLinkAboutRes 001 - Initiate Vacation - Masten Rd01ESC
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Deschutes 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 January 14, 2009
Please see directions for completing this document on the next page.
DATE: January 7, 2009
FROM: George Kolb, County Engineer Road 322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2009-001, Initiating the vacation of a portion of the J.N.
Masten Road.
PUBLIC HEARING ON THIS DATE? No - this is a 100% vacation signed by all property owne°-s
fronting the right-of-way to be vacated therefore no hearing is required per ORS 368.351.
BACKGROUND AND POLICY IMPLICATIONS:
Patrick Borschowa petitioned the Road Department to vacate a portion of the 1907 J.N. Masten Road
that runs across his property. The reason for this vacation request is that this portion of the J.N. Ma;ten
Road is not needed for public travel and there is no road currently located in right-of-way. Mr.
Borschowa wants to clean up title to his property by removing this right-of-way. 6th Street provide;
access to this parcel and the vacation will not land lock any other parcels. A field trip to the site
showed that there are no utilities located within the right-of-way and that there was no indication of
public use. The portion of J.N. Masten Road to the west of this parcel was also vacated in December,
1998. Signature of this resolution initiates the vacation process.
FISCAL IMPLICATIONS:
None - all fees for the vacation process were paid by the applicant
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Resolution No. 2009-001
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda (ext. 7103) 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 the J.N. Masten 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. 2009-001
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 the J.N. Masten Road, located 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 the J.N. Masten 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 , 2009.
ATTEST:
Recording Secretary
PAGE 1 OF 1 - RESOLUTION NO. 2009-001
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
FRESHWATERS SURVEYING, INC.
SCOTT C. FRESHWATERS, PLS, PRESIDENT
EXHIBIT "A"
LEGAL DESCRIPTION FOR A ROAD VACATION,
VACATING A PORTION OF THE 1907 J.N. MASTEN ROAD
ALL OF THAT PORTION OF THE 1907 J.N. MASTEN ROAD AS ESTABLISHED ON
DECEMBER 17, 1907 IN THE CROOK COUNTY COMMISSIONER'S JOURNAL
VOLUME 4, PAGE 181 AND LYING WITHIN THAT PARTICULAR PIECE OF
PROPERTY SITUATED IN THE NW 1/4 SE 1/4 OF SECTION 17 IN TOWNSHIP 22
SOUTH IN RANGE 10 EAST OF THE WILLAMETTE MERIDIAN AND MORE
PARTICULARLY AS DESCRIBED IN THAT SPECIAL WARRANTY DEED AS
RECORDED IN DESCHUTES COUNTY OFFICIAL RECORDS AS DOCUMENT NO.
2003-10659.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
O GON
,ANIJ-ARV 15, 1987
SCOTT C FRESHWATERS
2253
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E:\2008SU RV\2008DOCS\7084_80 RSC HOW A_221017TL3800_JNMASTEN_R DVACATION.doc
P.O. Box 4524 • SUNRIVER, OR 97707 • VOICE/FAX: (541) 593-1792
DEER AVE
3. N. Masten Vacation
Portion of J. N. Masten
Road to be Vacated
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Locator Map
Location of
Vacation
BURG
SS RD
MASTEN RD
6TH ST
City of
La Pine
1
0 500
Legend
Masten Vacation
--- Legacy Roads
® State Highway
— Road Centerlines
Taxlots
1,000
The information on this map was derived from digital databases m
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, omissions, or positional accuracy in the dgiital
data or the underlying records. There are no warranties, express or
implied, including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
1,500
2,000 Feet
Printed: January 6, 2039
Abp Deschutes County Road D !pdrtmcnt
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John AnAersc 1. GIS Specialist
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