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Home My WebLink AboutRes 061 - Initiate Vacation - Portion of Lynch WyNA-ES C� �g 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 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 Resolution No. 2009 -061, Initiating the Vacation of 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 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 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. Signa ;ure 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 -061 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz (ext. 7103) at the Road Department For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating the Vacation of a portion of Lynch Way located in 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 -061 WHEREAS, the owners of land abutting the proposed right -of -way to be vacated, petitioned for vacation of a public road known as a portion of Lynch Way, located in Cinder Butte Estates West Subdivision in 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 Y, OREGON, as follows: Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Orec:ion, to vacate a portion of Lynch Way described in Exhibit "A ", attached hereto and by this reference incorporat 3d 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 -061 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR DENNIS R. LUKE, VICE CHAIR ALAN LINGER, COMMISSIONER Exhibit "A" Page 1 of 2 STREETVACATION & STREET DEDICATION FOR: NORM CHAD NICK CONCERNING LOTS 5 AND 6, CINDER BUTTE ESTATES — WEST TAX ACCOUNTS 2300 AND 2400 MAP 14- 13 -20C LOCATED IN A PORTION OF THE SW1 /4 OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 13 EAST, WILLAML I !E MERIDIAN, DESCHUTES COUNTY, OREGON CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD C1 15.65' 50.00' 1756'05" 56742'00 "E 1 5.59' C2 30.00' 50.00' 34'22'37" 536'52'39 "E 29.55' C3 1 6.43' 50,00' 18'49'58" 509'55'22 "E 16.36' C4 66.82' 50,00' 76'33'54" 53745'34 "W 61.95' C5 28.04' 50,00' 32'07'58" N8753'29 "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" N29'09'46 "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) (4555F) C 5 SCALE :: 1" = 60' TAX LOT 2300 LOT 6 C6 ti Pooh REGISTERED PROFESSIONAL LAND SURVEYOR ItheZ ORE ON JULY 14, 1978 ROBERT R. POVEY 1652 2 Renewal Date: 12/31/10 DEDICATION PARCEL (APX. 0.01 AC) (455 SF) co 50' C3 S BEARS N81 'W— 1.22' 11.40' N39'42 '11"W 34.83' C go 77,x,0" LY Sir 4Q '03"- 6 .20,25.3'8, 30' EASEMENT PER PLAT \0 / 1 EARS N34'35'W 0.36' POVET AND ASSOC., LAND SURVEYORS P.0, BOX 131, REDMOND, OR 97756 (547) 548 -6778 09016D.DWC 143 09 Exhibit "A" Page 2 of 2 POVEY & ASSOCIATES --LAND SURVEYORS REGISTERED PROFESSIONALLAND SURVEYORS, OREGON NO. 1652 and 2039 PARTNERSHIP I.D. #93- 0738184 P.O. BOX 131 • OFFICE 338 S.W. 7th • REDMOND, OREGON 97756. 541i 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 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 50 -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 N37645'34 "E - 61.95 feet to the POINT OF BEGINNING. The same containing approximately 0.01 land acres (455 square feet) . PAGE 1 DESCRIPTION G: O9 - I6 t VACATE. WPS REMECTERED PROFESSIONAL D SURVEYOR ORE Y141978 J ROBERT R. POVEY 1652 / er i et;Is /3 / /i° Vacation of a portion of NW Lynch Way Legend Dedication Vacation Taxlots Printed: April 2, 2009 The information on this map was derived from digital databases on Deschutes Coutttys G.I.S. Care mistaken in the creation of this map, but it is provided "as ls'. Deschutes County cannot accept any responsibility fa emus, onissions, or positional accuracy in the digital data or the undertying recada. Thera are no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpos& accompanying this product. However, notification deny errors will be appreciated. Map Deschutes County Ro id Department Created ay: John 1- sderson, GIS Specialist Phone. S41)321 -7102 Email:] hna ®c4.deschutes onus Addre: 61150 SE 27th St Bend, OR 97702 P:WrcGIS Proiect lVacations \Lynch Wav