HomeMy WebLinkAboutOrder 033 - Vacate Portion - Lynch WayDeschutes 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: Sept. 16, 2009
FROM: George Kolb Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2009 -033, Vacating a Portion of Lynch Way located in the
Cinder Butte Estates West Subdivision.
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:
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 determi ling
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 isue
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 will be presented to the Board of County Commissioners in conjunction with this vacation.
As part of this vacation, the property vacated will vest entirely with tax lot 1413200002400. Signature
of Resolution 2009 -061 initiated the vacation of a portion of Lynch Way and signature of Order No.
2009 -033 vacates the right -of -way.
FISCAL IMPLICATIONS:
None. All fees for this vacation process have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Order No. 2009 -033
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Kunz (ext. 7103) at the Road Department
REVI WED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGCN
An Order vacating a portion of Lynch W
ay located in Cinder Butte Estates West
Subdivision in Deschutes County,
Oregon,
*
*
*
ORDER NO. 2009 -033
WHEREAS, proceedings for vacating a potion of Lynch Way located in Cinder
Butte Estates West Subdivision 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 -033
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 in the
owner of land abutting the vacated property by extension of the person's abutting
property boundaries to the east boundary of the vacated property.
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 -033
Jan 18 2D08 1:53PM
HP LHSk.KJE 1 1-HX
Exhibit "A"
1 of 2
1- 541- 44' / -dldl
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 thefollowing
described road be vacated.
Desc 'ption of road to be vacated:
As s
1,0 . itIV:L-111•11
Located pr rim-4,1
Reason for road vacation request 71.1
A
, Deschutes County.
l h L fi°Sidel e
DATED this day of , 20
NAME ADDRESS
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CITY STATE ZIP
4 Lt9 Vtuof &Hu •n M1,7 SIWEer4nt 01? `1738)
4-3 -r r1 »K 4.3,5hf &1 l(t'i oil 60231
STATE OF OREGON
County of M 114Li 0)
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SS.
On this 2o' day of • J ArJ J'M y , in the year 20il., before me, a Notary Public, personally
appeared AA) c N 4 49rtv.5 d,J 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.
DAVra CEDER
NOTA12Y PUBLIC-OREGON
COMMISSION N.O. 396669
_MY CONIM$SjON EXPIRES A14 31 A 2009
W Ct.- a dofficial seal..
Notary Public for Oregon. 1
My Commission expires: %TJGJ31 31 r 20))'
Road Vacation Summery - Page 4
01-19 -2009 12:56 JOHN AND NANCY ANDERSON 5038732864
Jan 19 2009 1:53PM HP LASERJET FAX
STATE OF OREGON )
)
County of M 1 -i�}�J )
sS.
Exhibit "A"
2 of 2
1- 541 -447 -8181
On this 2O ay of JAn► 1 , in the year 2007 , before me, a Notary Public, personally
appeared J_ 0 kitiQ T) .A4F.As personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is(are) subscribed to this instrument, and acknowledged that he (she, they) executed it
WI/rd nd official seal
NOTARY.;piBtUC =QR QN
COMMISSION NO: "396669
MY COMMISSION EXPIRE$ '314. Q
) ss.
.)
A t I~ Ali "UfitLIUN
County of
Notary Public for Oregon.
My Commission expires: A,1 c 3 Q
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
)
)
5S.
Notary Public for Oregon.
My Commission expires:
On this day of a 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 persons) 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:
1 CERTIFY THAT THIS 13 THE TRUE AND ORIGINAL. PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Road Vacation Summary — Page 5
01 -19 -2009 12:56 JOHN AND NANCY ANDERSON 5038732864
p.4
4
Exhibit "B"
Page 1 of 3
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer
DATE: July 10, 2009
SUBJECT: Vacation of a portion of Lynch Way
Road Department
61 150 SE 27th St. • Bend, Oregon 97702
[541) 388 -6581 • FAX [541) 388-2719
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 public
interest; and
(2) The proceedings for a vacation were initiated by a petition that contains acknowledted
signatures of 100 percent of the property owners abutting any public property to be vacated..
Background:
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 he
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 cc ide
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 will be
presented to the Board of County Commissioners in conjunction with this vacation. As part of t
the property vacated will vest entirely with tax lot 1413200002400.
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the area to
determine if there was any interest in maintaining a utility easement. The following are the utilit es
notified and their response to the vacation:
Quality Services Performed with Pride
Exhibit "B"
Page 2 of 3
Avion Water: Response from Dave Tolve, " Avion Water Co., Inc. has facilities in the area to be
vacated. Please reserve a utility easement for Avion." On 5/21/09, I called Dave Tolve
and explained that the vacated portion of the right -of -way will revert back to the owner of
the property and if they have a service line to the property, they would not need to hav, a
separate easement just for a service line. He agreed and will look into it more and get
back to me.
Dave Tolve revisited the site and sent the following dated 6/3/09, "After furti er
examination of the area of proposed vacation; Avion facilities are clear of that any .a.
Avion does not need an easement."
Bend Broadband: No Response
Cascade Natural Gas: No Response
Central Electric: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
Qwest Communications: Response dated 5/27/09 from Lynn M. Smith, Manager, right -of -way, In
response to your vacation notification dated May 13`h, 2009, I have reviewed this area
with our engineer and determined that Qwest currently has several copper facilities in the
above - mentioned area. While Qwest has no objection to the proposed vacation, it is
imperative that Qwest rights be preserved in this area. If this is to become privc.te
property, a perpetual non - exclusive easement to Qwest would be acceptable; we ore
willing to work with the owner for this easement. If this is to remain a public right-of-
way, please verify the rights of Qwest Corporation will be retained during and after any
change. Please advise if there is any action Qwest needs to take to insure our rights are
retained. " On 6/2/09, I called Lynn and explained that the vacated portion of the right -of-
way will revert back to the owner of the property and if they have a service line to t
they would not need to have a separate easement just for a service line. S
and will look into it more and get back to me. On June 9, 2009, Qwest did inform
me that they did need an easement and would be working with the property owner to
acquire the easement. On Friday, July 10, 2009, the Road Department received an e -mail
from Lynn Smith stating the following, "I have been in touch with the Andersons and we
have an agreement in place to satisfy Qwest's need to protect our facilities by easement
for the area addressed in the Lynch Way vacation. Please proceed with the vacation is
we have no further concerns."
Redmond Fire Department: Response received 5/29/09, "Fire has no comments ".
Deschutes County Community Development Department: Response from Paul Blikstad, Seni )r
Planner, "This is intended to rectify a setback problem with an existing dwelling on Lot 5 (tax lot 240(').
The proposed road dedication is a minor amount, not subject to land use review. "
Exhibit "B"
Page 3 of 3
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road
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 1 ae
property abutting the proposed vacation.
2. The right -of -way that is being vacated will be replaced by the dedication of additional right -of-
way on tax lot 14132000002300.
3. A utility easement does have to be retained on the right -of -way being vacated for Qw. st
Communications. This will be accomplished by a separate document between the propel ty
owners and Qwest.
4. The vacation will allow building to remain in its present location and also resolve the Code
Enforcement complaint.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it will allow
the building to remain in its present location and also resolve the code enforcement complaint. The Road
Department recommends that the Board approve the vacation of the parcel as described in the attached
Order No. 2009 — 033 subject to the following conditions:
1. Per ORS 368.366 (2) a county governing body may determine the vesting of property vacated
under ORS 368.326 to 368.366 in the order or resolution that vacates the property. Therefore the
vacated property shall vest according to Section 4, Order no. 2009 -033.
2. A utility easement does have to be retained on the vacated property for Qwest Communicatior s.
This will be accomplished by a separate document between the property owners and Qwest.
3. The right -of -way that is being vacated will be replaced by the dedication of additional right -cf-
way on tax lot 14132000002300.
4. No opposition to the vacation is reported to the County prior to this meeting.
EXHIBIT "C"
Page 1 of 3
POVEY & ASSOCIATES —LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1652 and 2039
PARTNERSHIP I.D. #93- 0738184
P.O. BOX 131 • OFFICE 338 S.W. 7th • REDMOND, OREGON 97756 • (541) 548 -6778
Fax(541)548 -0478
Description
NORM CHADWICK / JOHN & NANCY ANDERSON
located in CINDER BUTTE ESTATES - WEST,
a subdivision in SW1 /4 of Section 20, T.14S.,R.13E.,W.M.
LYNCH WAY - VACATION
Description of a tract of land currently dedicated as
Lynch Way on 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 vacated and inured to adjacent to Lot 5, 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 28.04 feet along the arc of a 50 -foot radius curve of
the R/W of Lynch Way, concave South, forming a central angle
of 32 °07'58" and a long chord bearing N87 °53'29 "W - 27.68
feet to the POINT OF BEGINNING;
thence 66.82 feet along the arc of a 5D -foot radius curve of
the R/W of Lynch Way, concave Southeast, forming a central
angle of 76 °33'54" and a long chord bearing S37 45'34 "W -
61.95 feet.
thence N37b45'34 "E - 61.95 feet to the POINT OF BEGINNING.
The same containing approximately 0.01 land acres (455
square feet).
PAGE 1 DESCRIPTION
G: 09 -161 VACA TE. WPS
REGISTERED
PROFESSIONAL
D SURVEYOR
Pre/
frfed
/ OREG•N
JULY 14,1978
ROBERT R. POVEY
1852
Reoews ; I /3 J/'
EXHIBIT "C"
Page 2 of 2
STREETVACATION & STREET DEDICATION
FOR: NORM CHAD /!I CK
CONCERNING LOTS 5 AND 6, CINDER BUTTE ESTATES - WEST
TAX ACCOUNTS 2300 AND 2400 MAP 14- 13 -20C
LOCATED IN A PORTION OF THE SW 1 /4 OF SECTION 20,
TOWNSHIP 14 SOUTH, RANGE 13 EAST, WILLAMLIIE MERIDIAN,
DESCHUTES COUNTY, OREGON
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
BEARING
CHORD
C1
15.65'
50.00'
17'56'05"
562"42'00 "E
15.59'
C2
30.00'
50,00'
34'22'37"
536'32'39 "E
29.55'
C3
16.43'
50,00'
18'49'58"
509'56'22 "E
16.36'
C4
66.82'
50,00'
76'33'54"
53745'34 "W
61,95'
C5
28.04'
50.00'
32'07'58"
N87 53'29 "W
27.68'
C6
5.85'
50.00'
6'42'14"
N68'28'23 "W
5.85'
''C7
62.76'
50.00'
71'55'00"
N29'09146 "W
58.72'
C8
74.18'
50.00'
85'00'34"
N35'42'33 "W
67.57'
LEGEND
o - FOUND 1/2" PIPE W /CAP MARKED " POVEY & ASSOC."
• — MONUMENT PER CINDER BUTTE ESTATES — WEST
• — NOT MONUMENTED
TAX LOT 2400
LOT 5 VACATION PARCEL
(APX. 0.01 AC)
(455SF) C 5
SCALE:
1 "= 60'
TAX LOT 2300
LOT 6
2„ HOUSE 7 . w
\c
C3 "S7 .510,03,'
O3'"
77. 40' E
so.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
ORE ON
JULY 14, 1978
1F�Q�T ROBERT R. POVEY
1652
Renewal Date: 12/31/10
C6 DEDICATION PARCEL
(APX. 0.01 AC)
o C (455 SF)
50' l
N39'42'11" W 34.83' ---.. �C
BEARS N81'W -1.22'
1 1.40'
S
7. „
,3
-/ `'j ` � 710,2¢,
S7"Sip,� 03f
30' EASEMENT
PER PLAT
EARS
N34'35'W 0.36'
POVEY AND ASSOC., LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548 -6778 09016D.DWG
743:
Vacation of a portion of NW Lynch Way
EXHIBIT "C"
Page 3•of 3
Dedication
Legend
Dedication
Vacation
Taxlots
i 1
150 300
Printed:
April 2, 2009
f
600
900
The information on this map was derived from digital databases an
Deschutes Countys 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, missions, or positional accuracy In the 6gilel
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, notikation
of any errors will be appredated.
1,200 Feet
M,P Deschutes County Road Depa •tment
Created
a,
John Anderson, GI! Specialist
]{ Phone: (541)322 -710:
Email; johna @cc descl )tes or us
Address: 61150 SE 27t St
Bend, OR 97 D2
CO
oo
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