HomeMy WebLinkAboutRes 003 - Vacating Portion of Masten RdDeschutes County Board of Commissioner:
1300 NW Wall St., Suite 200, Bend, OR 97701-196(,
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
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 Order No. 2009-003, vacating 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. Marten
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 Resolution No. 2009-001 initiated the vacation. Signature of Order No. 2009-0(13
finalizes the process and vacates the right-of-way.
FISCAL IMPLICATIONS:
None - all fees for the vacation process were paid by the applicant
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Order No. 2009-003
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
An Order vacating a portion of the J.N.
Masten Road located in Deschutes
County, Oregon,
ORDER NO. 2009-003
WHEREAS, proceedings for vacating a portion of the J.N. Masten 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. 2009-003
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 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 , 2009.
ATTEST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
Before me, a Notary Public, personally appeared, TAMMY BANEY, DENNIS R.
LUKE and ALAN UNGER,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 , 2009.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 2 of 2 — ORDER NO. 2009-003
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: , A,, is 04
P c evN
Lf‘ E
Located in
Reason for road vacation request: L ,/
, Deschutes County.
ci6)4 7L0 vi' ,9 G ied9i--
/1.1/E /L '( B � `d�45-,".1` /
DATED this Z. day of
E44 dEr ,20o sp.
NAME ADDRESS CITY STATE ZIP
x /A 2 IZA 6,, ,,,/ d g 97a i•4
STATE OF OREGON
County of !N\ARha
On this day of I4.'e wdeug, , in the year 200 , before me, a Notary Public, personally
appeared ?c 4LktK, .e 6Loki tvitksc b 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 hanLand official seal
7-)ci1a
Notary Public for Oregon.
DALE H NELSON ! t
OFFICIAL SEAL My Commission expires: ,/ 30 / j f
NOTARY PUBLIC - OREGON
COMMISSION NO. 420974
MY COiMM'FSi )N EXPIRES SEP. 30, 2011
ss.
Road Vacation Summary — Page 4
STATE OF OREGON )
County of )
SS.
Exhibit "A"
2 of 2
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, 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, 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
Notary Public for Oregon.
My Commission expires:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNfee
ATURE
d C L3 t2 ( / 9 /9U49i ,ci
ADDRESS
9 '20 9,
TELEPHONE: _Sal 'I 7e
Road Vacation Summary — Page 5
EXHIBIT "B"
Page 1 of 2
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: January 6, 2009
SUBJECT: Vacation of a portion of the 1907 J.N. Masten 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 in blic
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.
Background:
Patrick Borschowa petitioned the Road Department to vacate a portion of the 1907 J.N. Masten Road that
runs across his property (see attached site map Exhibit "1"). The reason for this vacation request is that
this portion of the J.N. Masten Road is not needed for public travel and there is no road currently located
in right-of-way. 6th Street provides access to this parcel and the vacation will not land lock any ether
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.
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the arca to
determine if there was any interest in maintaining a utility easement. The following are the utilities
notified and their response to the vacation:
Cascade Gas: No Response
Central Electric Co-op: No Response
Chambers Cable: No Response
Quality Services Performed with Pride
EXHIBIT "B"
Page 1 of 2
Crestview Cable: No Response
Midstate Electric: No Response
Pacific Power: No Response
PGT: No Response
Qwest Corporation: No Response
La Pine Fire Department: No Response
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 R >ad
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 portion of right-of-way being vacated 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.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the
right-of-ways to the tax roles and allows the property owner to better utilize his property. The Road
Department recommends that the Board approve the vacation of the parcels as described in the attached
Order No. 2009-003 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2009-003
2. A utility easement does not have to be retained on the vacated property
Exhibit "1"
Page 1 of 1
3. N. Masten Vacation
DEER AVE
ELK -AVE
Portion of J. N. Masten
Road to be Vacated
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Taxlot
221017D003800
Locator Map
Location of
Vacation
BURGISS RD
City of
La Pine
6TH ST
97
MASTEN RD
1 1
0 500 1,000
Legend
Masten Vacation
--- Legacy Roads
s State Highway
Road Centerlines
Taxlots
The information on this map was derived from digital databases an
Deschutes County's G.I.S. Care was taken in the creation ofthis
map, but it is provided 'as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
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,(00 Feet
Printed: January 6, 21109
Deschutes County Rodd I,lcpdrtment
John Ander, n Gic Speriokt
Phcrc: i5-0113 271?2
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(Ind- fres rr i.
Ac inch1 Sm 1,11.k
Re, OR 91702
P:\ArcGIS_Projects\Vac tions\Masten
FRESHWATERS SURVEYING, INC.
SCOTT C. FRESHWATERS, PLS, PRESIDENT
EXHIBIT "C"
Page 1 of 1
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
AMU AR 43, 1981
SCOTT C FRESHWATERS
883
,7e/7etits 72- .'/Zoe?
E:\2008SU RV\2008DOCS\7084_BORSC HOW A_221017TL3800_JN MASTEN_RDVACATION.doc
/2 -/.5----26c0
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
ELK -AVE
i'
2,1�,1g0,�
1
6TH ST
0
•U
J
W
Taxlot
221017D003800
0
U
Z
Locator Map
Location of
Vacation
BURG
SS RD
MASTEN RD
City of
La Pine
6TH ST
0 500 1,000 1,500 2,000 Feet
Legend
Masten Vacation
--- Legacy Roads
State Highway
— Road Centerlines
Taxlots
The information on this map was derived from digital 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, onissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, inducting the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
Printed: December 8, 2 008
MapDeschutes County Road C epartment
, John Ander n, GIS Specialist
'LJUIU , Phone. (541)3, 67102
L ® Ernail'johnadk deschutes or.us
Address. 6115C SE 27th St
Bend OR97702
P:\ArcG I S_Projects\Vaca':ions\Masten