HomeMy WebLinkAboutRes 108 - Initiate Vacation of 2 Easements❑fLaa&t.2 -<
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 August 5, 2009
Please see directions for completing this document on the next page.
DATE: July 20, 2009
FROM: George Kolb Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2009 -108, Initiating the Vacation of two (2) road
easements located in the unrecorded Cascade Woods Subdivision situated in Section 24, Township 14
South, Range 11 East.
PUBLIC HEARING ON THIS DATE? NO. This is a 100% vacation and no public hearing is
required per ORS 368.351.
BACKGROUND AND POLICY IMPLICATIONS:
Dierk Peters, owner of tax lots 141024C000100, 141024D005600 and 141024D005601 approached the
Road Department concerning the vacation of two (2) easements located within his property. These
easements were created by a road easement document, Vol. 134, Page 12 and are described as "Road 3"
and "Road 4 ". These easements were intended for the use of the Cascade Woods subdivision for access
to the parcels that were to be created by that subdivision. The subdivision was never recorded and
subsequent partition of the property, MP -92 -37 has provided access to public ways for all the lots
therefore the easements are no longer required for access. The easements to be vacated fall within 1 e
boundaries of parcels 1, 2 and 3 created by MP- 92 -37. Mr. Peters is requesting the vacation of thes
easements in order to free his properties from the encumbrances of the easements. This vacation do es
not affect the road easement granted in that deed recorded in Volume 348, Page 231, Deschutes County
Deed Records. Signature of this resolution initiates the vacation process.
FISCAL IMPLICATIONS:
None. All fees for this vacation process have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Resolution No. 2009 -108
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Kunz (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 road
easements located in the unrecorded
Cascade Woods Subdivision situated in
Section 24, Township 14 South, Range 11
East 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 -108
WHEREAS, the owners of land abutting the proposed right -of -way to be vacated, petitioned for
vacation of said easements located in the unrecorded Cascade Woods Subdivision situated in Section 24,
Township 14 South, Range 11 East 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 COUNT' {,
OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to
vacate the easements 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 -108
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
Exhibit "A"
1 of 2
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
I, the undersigned, am the owner of the following properties:
1. Tax Lot 100, Assessor's Map 14- 10 -24C also known as
Parcel 1 of Partition Plat 1995 -2
2. Tax Lot 5600, Assessor's Map 14- 10 -24D also known as
Parcel 2 of Partition Plat 1995 -2
3. Tax Lot 5601, Assessor's Map 14 -10 -24D also known as
Parcel 3 of Partition Plat 1995 -2
and respectfully request that the following described roads which are located
on these properties be vacated:
All that portion of those easements described as Roads 3 and 4 in that
certain document recorded in Book 134, page 12, Deschutes County
Records, that fall within the boundaries of Parcels 1, 2 and 3 of Partition Plat
No. 1995 -02, situated in Section 24, Township 14 South, Range 11 East,
Willamette Meridian, Deschutes County, Oregon. Excepting therefrom any
portion of the road granted in that deed recorded in Volume 348, Page 231,
Deschutes County Deed Records
and shown on the attached Exhibit A.
These easements were recorded to provide access to lots platted
within Unit 1 of the Cascade Woods Subdivision, an unrecorded subdivision
within Section 24, Township 14 South, Range 10 East of the Willamette
Meridian in the County of Deschutes. This subdivision was never fully
developed nor was these access roads developed. As the County has refused
to recognize the lots created by this subdivision as legal lots of record, the
property was partitioned into three parcels as shown on the attached Exhibit
A. I am requesting this vacation in order to free my properties from these
encumbrances which were never developed.
DATED this / O rday of June, 2009.
Dierk Peters Vacation
BUFFALCr: DR-
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PALOMIN D DR
Locator Map
J
Location of
Vacation
0 0.125 0.25
Legend
— Road Centerlines
• Vacation
— Stream
Taxlots
0.375
0.f Miles
Printed: July 16, 20' )9
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 Deschutes County Road D !partment
map, but it is provided as is ". Deschutes County cannot accept any Crested
responsibility for errors, omissions, or positional accuracy in the digital , John Anderso• . GS Specialist
data or the underlying records. There are no warranties, express or LOLL l i; Phone (541)32 7102
implied, inducing the warranty of merchantability or fitness for a 177 - _NriP Email:Johna®cc ieschutes.or.us
:, Address. 61150'.9 27th 5t
particular purpose, accompanying this product. However, notification Bend, ■ 45 97702
of any errors will be appreciated.
1 \Road\gis_proj\rcGIS _Projects \Vacations\Dierk Peters
