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HomeMy WebLinkAboutOrder 059 - Surrender Part - Elkhorn-Canal-39thDeschutes 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 August 5, 2009 Please see directions for completing this document on the next page. DATE: July 20, 2009 FROM: George Kolb, County Engineer Road Department 322 -7113 TITLE OF AGENDA ITEM: Consideration of Signature of Order 2009 -059, surrendering portions of Elkhorn Avenue, SW Cana Boulevard and 39th Street to the City of Redmond PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Due to Redmond City Limit Annexation, portions of Elkhorn Avenue, SW Canal Boulevard and 39th Street now lie within the Redmond City limits and the County has been requested to surrender these portions of Elkhorn Avenue, SW Canal Boulevard and 39th Street to the City of Redmond. FISCAL IMPLICATIONS: The City of Redmond will be responsible for all maintenance and planning duties for these sections of Elkhorn Avenue, SW Canal Boulevard and 39th Street and they will be removed from the counties maintenance responsibility RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of Order No. 2009 -059 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz (ext. 7103) at the Road Department and a copy to Kelly Morse, City Recorder, 716 SW Evergreen Ave., Redmond, OR 97756 after recording. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Surrendering portions of Elkhorn Avenue, SW Canal Boulevard and 29th Street to the City of Redmond, Oregon Pursuant to ORS 373.270. * * * ORDER NO. 2009 -059 WHEREAS, by Resolution No. 2009 -21, the City of Redmond has requested surrender of jurisdiction of portions of Elkhorn Avenue, SW Canal Boulevard and 39th Street located within the Redmond city limits, as set forth in Exhibit "A" attached hereto and by this reference incorporated herein, and WHEREAS, the Board of County Commissioners finds that it is in the public interest to surrender jurisdiction and accept the request set forth in Resolution No. 2009 -21 of the City of Redmond, dated the 23rd day of June, 2009; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That effective as of 12:00 AM, August 6, 2009, the Board of County Commissioners hereby surrenders jurisdiction of portions of Elkhorn Avenue, SW Canal Boulevard and 29th Street in Resolution No. 2009 -21 of the City of Redmond, attached hereto as Exhibit "A ", to the City of Redmond. Section 2. From and after 12 :00 AM, August 6, 2009, the roads described in Exhibit "A" shall be City of Redmond streets. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS R. LUKE, Vice -Chair Recording Secretary ALAN UNGER, Commissioner PAGE 1 OF 1- ORDER No. 2009 -059 / iiarpci Houf Peterson Righellis Inc. ENGINEERS • PLANNERS LANDSCAPE ARCHITECTS • SURVEYOI.5 Exhibit A Legal Description Existing County Right of Way Being a portion of SW Canal Blvd.(Old Dalles- California Highway) a portion of Elkhorn Avenue (1907H.W. Jones Road) and a portion of 39th Street (1907H.W. Jones Road) located in the Southwest One Quarter and the Southeast One Quarter of Section 30, Township 15 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon and being more particularly described as follows: Commencing at the Southwest corner of Section 30,.Township 15 South, Range 13 East of the Willamette Meridian; thence N 89 °59'20" E, along the south line of said Section 30, 1,348.90 feet to the Southwest corner of the Southeast One Quarter of the Southwest One Quarter of said Section 30; thence N 89 °59'20" E, along the south line of said Section 30, l ,286.00 feet to a point on the west right of way line of that 1907 H.W. Jones Road also know as King Way and the Point of Beginning; thence N00°1 0'24 "E, along said west right of way, 30.00 feet to a point on the north right of way line of Elkhorn Ave. also know as the 1907 H.W. Jones Road; thence N89 °59'20 "E, along the north right of way line of said Elkhorn Ave., 29.96 feet; thence continuing along said north line right of way line of Elkhorn Ave. S89 °48' 13 "E, 525.23 feet to a point on the westerly right of way line of SW Canal Blvd. also know as the Old Dalles- California Highway; thence N37 °36'22 "E, along said westerly right of way line, 1,263.79 feet to a point on the west right of way line of the 1907 H.W. Jones Road also known as King Way; thence N00 °07'55 "W, along the west right of way of said 1907 H.W. Jones Road, 291.98 feet to a point on the north line of the Southwest One Quarter of the Southeast One Quarter of said section 30; thence S89 °46' 58 "E, along the north line of said Southwest One Quarter of the Southeast One Quarter of said section 30, 60.00 feet to a point on the east right of said 1907 H.W. Jones Road; thence S00 °07'55 "E, along the east right of way line of said 1907 H.W. Jones Road, 312.12 feet to a point on the easterly right of way line of SW Canal Blvd. also know as the Old Dalles- California Highway; thence S37 °36'22 "W, along the easterly right of way line of said SW Canal Blvd., 1,313.94 feet to a point on the south right of way line of Elkhorn Ave. also know as the 1907 H.W. Jones Road; thence N89 °48' 13 "W, along the south right of way line of said Elkhorn Ave., 554.77 feet to a point; thence S89 °59'20 "W, 30.04 feet to a point on the west right of way line of that 1907 H.W. Jones Road also know as King Way; thence N00 °10'24 "E, along the west right of way line of said 1907 H.W. Jones Road, 30.00 feet to the point of beginning. Containing 2.97 acres more or less. This legal description along with the basis of bearings thereof is based on that Survey recorded as CS 17879, Deschutes County Survey records. REGISTERED PROFESSIONAL ._,;, O S j OR 0 •EGON1j17 /o JAN. 20, 1998 BRIAN K. HENSON #2855 1;4P fo -30-a 1133 NW Wall Street • Suite 201 • Bend, OR 97701 • www.hhpr.com • 541.318.1161 ph • 541318.1141 tax Bend, OR • Portland, OR • Clackamas, OR • Vancouver, WA POINT OF w p COMMENCEMENT 00 EXHIBIT "A" LOCATED IN THE SW 1/4 AND SE 1/4 OF SECTION 30, T. 15 S., R. 13 E., W.M., DESCHUTES COUNTY, OREGON CITY OF REDMOND S 89'53'27" E 89'59'20" E 1316.90' S 89.46'58" E WARRANTY DEED 2002 -16207 N0010'24 "Er N89'S9'20"E POINT OF 30.00' I 29.96' BEGINNING 1286.00 N 89'59'20" E 1348.90' REGISTERED PROFESSIONAL LAND SURVEYOR OREGON 111715 JANUARY 20, 199e BRIAN K. HENSON 2855 EXPIRES: 06/30/2009 NOOl0'24"E 30.00' S 89'48'13' E 525.23' A / CITY OF REDMOND 1294.60' A N00'07'55" 291.98' 1907 H.W. JONES ROAD (KING WAY) S89'46'58 "E NOT USED AS ROAD 60 00' CURRENTLY „4 & N89 48'13 "W 554.77' S89 '59'20"W 30.04' 43RD STREET 1907 H.W. JONES ROAD (KING WAY) (60' ROW) EXISTING COUNTY RIGHT OF WAY • A;›. se" O EIJ HORN AVENUE rn M 1907 H.W. JONES ROAD (KING WAY) (60' ROW) W } w 0 0 zc 0 << 0,0 S00'07'55 "E 312.12' SCALE 1" = 400 Harper Houf Peterson Righellis Inc. E N O I N E E R S• P LAN N E R S• S U R V E Y O R S 1 133 NW WALT. STREET, SUITE 201 BEND, OR 97701 TEL 541.318.1161 www.hhpr.com FAX 541.318.1141 CITY OF REDMOND RESOLUTION NO. 2009 -21 COPY A RESOLUTION OF THE CITY OF REDMOND REQUESTING THE TRANSFER OF CERTAIN COUNTY RIGHTS -OF -WAY FROM DESCHUTES COUNTY. WHEREAS, the City Council has agreed to take jurisdiction of certain County roads within the City limits; and WHEREAS, pursuant to ORS 373.270(6), the City Council wishes to initiate transfer of such jurisdiction to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDMOND, OREGON, AS FOLLOWS: SECTION 1: That the City hereby requests that Deschutes County surrender jurisdiction to the City of Redmond of certain County rights -of -way described in Exhibit A attached hereto as of 12:00 a.m., July 23, 2009. SECTION 2: That the jurisdiction of Deschutes County over the rights -of -way described in Section 1 hereof, and for the right -of -way improvements, construction, and repair shall cease upon transfer of the property to the City of Redmond. SECTION 3: This resolution shall be effective June 23, 2009. ADOPTED by the City Council and SIGNED by the Mayor this 23`d day of June, 2009. eo ge cott, Mayor ATTEST: Kelly Mors City ecorder E Right -of -Way Transfer to the City of Redmond City of Redmond SW ELKHORN AVE Locator Map 0 Legend Right of Way Taxlots e>' I Location of ‘4\'"' /r' Transfer 500 j City Limits \\ Road \gis_projWrcGIS_Projects \City of Redmond \Transfer 3 th and Elkhorn 1,000 1,500 2,000 Feet Printed: July 17, 20C9 The information on this map was derived from dgtc databases on Deschutes County's G.I.S. Care was taken in the c nation of this map, but it is provided as is ". Deschutes County c mot accept any responsibility fa errors, omissions, or positional act (racy in the dgital data or the undertying records. There are no warrai ies, express or implied, indudng the warranty of merchantability or itness fa a particular purpose, accompanying this product. Ho' ever, notification of any errors will be appredated. wp Deschutes County Road C- epartment c..,,een ar John Anderson, 615 Spetrakol Phalle 1541) 3:' -7r0; fm.J :Jahe.ak deschuts, or w Man! 61150 E17th4 ne04. 10 97702