HomeMy WebLinkAboutDoc 562 - Accept Dedication - Portion Lynch WyDeschutes 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 September 23, 2009
Please see directions for completing this document on the next page.
DATE: September 16, 2009
FROM: George Kolb Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2009 -562, Accepting the dedication a Portion of Lynch
Way located in the Cinder Butte Estates West Subdivision.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Norman Chadwick was hired by John and Nancy Anderson, owners of tax lot 1413200002400 to bt ild
a house for them on their property located at 3226 NW Lynch Way. During the process of determin ng
the location of the right -of -way line and the required set back limits for the structure, Norman used 40
foot radius for the cul -de -sac versus the platted 50 foot radius. The result of this error caused the ho ase
to be built in violation of the setback required by County zoning ordinance. A neighbor filed a code
enforcement complaint concerning this issue and it was determined that the best way to solve the issue
was to vacate a small amount of right -of -way in the cul -de -sac and then subsequently dedicate
additional right -of -way on another property to allow the 50 foot radius right -of -way bulb to remain Ind
also allow the 45 foot radius gravel turnaround required by emergency vehicles. The right -of -way
dedication is being presented to the Board of County Commissioners for acceptance in conjunction with
the vacation.
FISCAL IMPLICATIONS:
None. All fees for the dedication will be paid by the applicant and the dedication does not any mile s
into the maintenance system for the County
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2009 -562
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Kunz (ext. 7103) at the Road Department
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 9/16/2009 Department:
Road
Contractor /Supplier /Consultant Name: Timothy and Cullen Treichler,
Contractor Phone #: N /A1
Contractor Contact:
N/A
Type of Document: This document is an acceptance of a dedication of a portion of
Lynch Way
Goods and /or Services: Dedication of right -of -way to replace a portion of the right -of-
way that was vacated as part of the resolution of a code complaint
Background & History: Norman Chadwick was hired by John and Nancy Anderson,
owners of tax lot 1413200002400 to build a house for them on their property located at
3226 NW Lynch Way. During the process of determining the location of the right -of -way
line and the required set back limits for the structure, Norman used a 40 foot radius for
the cul -de -sac versus the platted 50 foot radius. The result of this error caused the
house to be built in violation of the setback required by County zoning ordinance. A
neighbor filed a code enforcement complaint concerning this issue and it was
determined that the best way to solve the issue was to vacate a small amount of right -
of -way in the cul -de -sac and then subsequently dedicate additional right -of -way on
another property to allow the 50 foot radius right -of -way bulb to remain and also allow
the 45 foot radius gravel turnaround required by emergency vehicles. The right -of -way
dedication is being presented to the Board of County Commissioners for acceptance in
conjunction with the vacation.
Agreement Starting Date:
9/23/2009
Annual Value or Total Payment:
Ending Date:
Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
n RFP, Solicitation or Bid Process
n Informal quotes ( <$150K)
n Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? 1 1 Yes n No
If No, has budget amendment been submitted? 1 1 Yes n No
9/16/20( 9
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant- funded position so that this will be noted in the offer letter: Yes No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
7113
Department Director Approval:
George Kolb
Phone #: 322
2L-C— 9/6/0
Signature Date
Distribution of Document: Who gets the original document and /or copies after it has
been signed? Include complete information if the document is to be mailed.
Copy to Wanda Kunz (ext. 7103) at the Road Department. Original is to be recorded with the
County Clerk
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number
9/16/200'1
REVIEWED
LEGAL COUNSEL
After recording return to:
Deschutes County
Community Development Department
For Recording Stamp Only
DEED OF DEDICATION
Timothy A. Treichler and Cullen M. Treichler, and JPMorgan Chase Bank, NA successor in
interest from the Federal Deposit Insurance Corporation, as receiver for Washington Mutual
bank, do hereby dedicate to the public for roadway and utility purposes the property
described on the attached Exhibit "A" and depicted on the attached Exhibit "B ":
yt�
DATED this day of
, 2009.
Timoth tV rei hier
Why) im
Cullen M. Treichler
STATE OF OREGON )
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Timothy A. Treichler and Cullen M.
Treichler, acknowledged the foregoing instrument.
Dated this / 4 day of
OFFICIAL SEAL
ROBERT R POVEY
NOTARY PUBLIC- OREGON
COMMISSION NO. 427650
MY COMMISSION EXPIRES JUN 12, 2012
, 2009.
N•TARY PUBLIC FOR OREGON
My Commission Expires:S; nt a, Ao1 Z
PAGE 1 OF 3 - DEDICATION AND ACCEPTANCE
DATED this 11 th day of September, 2009.
JPMorgan Chase Bank, NA successor in interest from
Federal Deposit Insurance Corporation, as receiver
for Washington Mutual Bank
By:
STATE OF FLORIDA
) SS.
County of Hillsborough
harita A. Raganas, Asst. Vice President
Before me, a Notary Public, personally appeared Charita A. Raganas, acknowledged
the foregoing instrument.
Dated this 11 th day of September, 2009.
NOTARY PUBLIC FOR
My Commission Expires:
PAGE 2 OF 3 - DEDICATION AND ACCEPTANCE
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby
accept the foregoing Deed of Dedication as a public road pursuant to ORS 92.014.
DATED this day of , 2009.
ATIrEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
STATE OF OREGON )
SS.
County of Deschutes )
Before me, a Notary Public, personalty appeared Tammy Baney, Dennis R. Luke, and
Alan Unger, the above -named Board of County Commissioners of Deschutes County,
Oregon, acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon.
Dated this day of , 2009.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
PAGE 3 OF 3 - DEDICATION AND ACCEPTANCE
Sep 08 09 11:39a
t-1. rF
Ek;i+ /A "
POVEY & ASSOCIATES —LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, ORESON NO. law and 2039
PARTNERSHIP L(1 #93.0739i81
P.O. BOX 131 •OFFICE 338 S.W. 7th • REDMOND, OFIEGON 9T756 • (541) 548 -8778
Fax (541) 543 -0478
Description
NORM CHADWICK / TIM & CDLLEN TREICHLER
located in CINDER BUTTE ESTATES - WEST,
a subdivision in SW1 /4 of Section 20, T.14S.,R,13E.,W.M.
LYNCH WAY - DEDICATION
Description of a tract of land situate in a portion of Lot
6 of the official subdivision plat of CINDER BUTTE ESTATES -
WEST, located in the Southwest Quarter (SW1 /4) of Section
20, Township 14 South, Range 13 East of the Willamette
Meridian, Deschutes County, Oregon, said tract to be
dedicated to the public forever for street dedication as
additional right -of -way for Lynch Way as per said CINDER
BUTTE ESTATES - WEST, said tract being more particularly
described as follows:
Commencing at a 1/2" rebar at the corner common to lots 5
and 6, CINDER BUTTE ESTATES - WEST, said rebar being on the
right -of -way (R /W) of Lynch Way, 'the Initial Point;
thence 5.85 feet along the arc of a 50 -foot radius curve of
the R/W of Lynch Way, concave South, forming a central angle
of 06 °42'14" and a long chord bearing S68 °28123 "E - 5.85
•feet to the POINT OF BEGINNING;
thence 62.76 feet along the arc of a 50 -foot radius curve of
the R/W of Lynch Way, concave Southwest, forming a central
angle of 71 °55'00" and a long chord.bearing 829 09'46 "E -
SB.72 feet to the North R/W of Lynch Way;
thence S71040'D3 "E - 11.40 feet;
thence 74.18 feet along the arc of a 50 -foot radius curve,
concave Southwest, forming a central angle of 85000'34" and
a long chord bearing N35 °42'33 "W - 67.57 feet to the POINT
OF BEGINNING.
The same containing approximately 0.01 land acres (455
square feet) .
PAGE 1_ DESCRIPTION
a,O9 -2E OOA.WPS
RIHG16TERED
PROFESSIONAL
IAND'SU 0:11
ORE:G u.N
,JULY 14,1978
nose? R. POVEY
1852
Rep,VLVs F plaibo
p -4
SE:•.!l)._'O'J? 14 :56 RECEIVED FROM; #2909 -0 4
Sep 08 09 11:39a
1
-a% 61.4 d 5"
STREE7VACA TION & STREET DEDICATION •
FOR: NORM CHADWICK
CONCERNING LOTS 5 AND 6, CINDER BUTTE ESTATES - WEST
TAX ACCOUNTS 2300 AND 2400 MAP 14-13-20C
LOCATED IN A PORTION OF THE 5W7/4 OF SECTION 20,
TOWNSHIP 14 SOUTH, RANGE 13 EAST, WILLAMETTE MERIDIAN,
DESCHUTES COUNTY, OREGON
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
BEARING
CHORD
"I
15.55'
50.00'
17'56'05'
552'42'00 "E
15,59'
62
50.00'
50,00'
34:22'37"
536'37'39 "E
2.9.55'
r.1
16.43'
.50.00'
18'49'58"
509'55'22"t
1.6.3E'
04
55.82'
50,00'
76'33'54"
537'45'34 "W
51.95'
C7
25.04'
50,00'
32'07'58"
N87'53'29 "W
27.58'
C6
5.55'
50.00'
642'14"
N66- 285'73"W
5.55'
C7
52.78'
50.00'
71'55'00"
N29'09'46"W
55.72'
C8
74,15'
50.00'
85'00'34"
. 14.35-42'..1.3"W
67..57'
LEGEND
O - FOUND 1/2" PIPE W /CAP MARKED "POVEY de ASSOC."
• - MONUMENT PER CINDER BUTTE ESTATES - WEST
• - NOT MONUMENTED
TAX LOT 2400
LOT 5 VACATION PARCEL
(APX. 0.01 AC)
(455SF) 65
SCALE,
1 " =60'
,2o frousr
TAX LOT 2300
LOT 6
\sc(1PL
P0'
• REGISTERED
PROFESSIONAL
LAND SURVEYOR
7fairt=;',/ig74-*.-S-1
ORE ON
JULY 14, 1971
R08ERT R. POVE1'
1652 /
Renewal Date: 12/31/10
DEDICATION PARCEL
C3
(APX. 0.01 AC)
(455 SF)
BEARS N81'W -1.22'
11,40' •
S ?r¢a c. Y£7os
1489'42'11" W
30' EASEMENT'
PER PLAT
S,, pL»VC1.1 /
EAR
N34'35'W 0.36'
Polder AND ASSOC., LAND SURVEYORS
P.O. 90X 131, REDMOND, OR 97756
WO 545 -3779 090 (60.OWC
SEE ?.09.2009 14:56 RECEIVED FROM:
p. 5
#2909 -1.05
Dedication of a portion of NW Lynch Way
Dedication
Legend
Dedication
Vacation
Taxlots
150 300
Printed:
September 16, 2009
600
900
The information on this map was derived from dgital databases on
Deschutes Countys G.I.S. Care was taken in the creation of this
map, but it Is provided as Is'. Deschutes Canty cannot accept any
responsibility for errors, orrissions, or positional accuracy in the digital
data or the underlying records. There ere no warranties, express or
implied, inducing the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
1,200 Feet
wP Deschutes County Road I7ep iriment
...,u
try
John Anderson. *•S Soeciahst
Phone 1041 j 722.7 It 2
Erna& johnagto On elutes or us
Md resr 61 150 t 2 si Sr
Send, OP ! 702
P:WrcGIS_Projects \Vacations Lynch Way