HomeMy WebLinkAboutRes 001 - Initiate Right of Way Vacation - Tumalo RimDeschutes 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 January 28, 2015
DATE: January 14,2015
FROM: George Kolb Road Department 322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2015-001, Initiating the Vacation of a Right-of-Way
located off of Tumalo Rim Drive, Dedicated on Volume 268 Page 34 and Volume 268 Page 35 and
Located in the Tumalo Rim Subdivision in Deschutes County, Oregon
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:
The Road Department was approached by Scott Baxter concerning the vacation of a strip ofland in the
Tumalo Rim Subdivision located off of Tumalo Rim Drive. This strip of land was created on the 1977
Tumalo Rim subdivision plat as a common area with a width of 50 feet. In 1978, the Tumalo Rim
Property Owners Association (TRPOA) dedicated this strip of common area to the public per deed
Volume 268 Page 35. Two additional five (5) foot wide strips were dedicated on the two abutting lots
by the original developers to create a total right-of-way width of 60 feet. It appears the purpose of this
dedication was to provide public access from Tumalo Rim Drive to the lot to the west (tax lot
1711010000700) for future development. In 1992, the lot to the west did a partition, MP-92-62 which
dedicated the right-of-way for Tamoli Lane. This dedication provided public access to tax lot
1711010000700 therefore the right-of-way dedicated by the Property Owners Association and the
original developers was not needed for public right of way purposes.
Mr. Baxter also worked with TRPOA to insure that they were not opposed to either the vacation of the
property or the vesting of the property to the adjoining property owners, Scott and Andrea Baxter to the
south ofthe right-of-way and Cynthia Harvey to the north of the right-of-way. A Memorandum of
Agreement concerning the vesting of the property was signed by the TRPOA stating they were in favor
of the property vesting to the Baxter's and Cynthia Harvey. Signature of Resolution No. 2015-001 will
start 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. 2015-001
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
Vacation of Right-of-way in Tumalo Rim Subdivision
Taxmap -171206C
Right-of-way to
be Vacated
17-11-01
Vacation
o 300 600
Printed: October 15, 2014
~""l-"""""~-.j The information on this map was derived from dgital databases on
Deschutes County's 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 erro~, orrissions, or positional accuracy in the digital
data or the underlying records. There are no warranties. express or
implied, incfudng the warranty of merchantability or fllness for a
'1""11"'__'" particular purpose, accompanying this proruct. However. notification
L-_--:;.L.JL......_.....J._.......1I_'-==-~____LA_J__L....__I of any errors will be appreciated.
•-.colS
900 1,200 Feet
Legend
Vacation Location
-Road Centerlines
D Taxlots
D Section Lines
Joh n An derson, GI S An alyst
PI1one: (54 1) )22-71 02
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Mdr.... 61150 SE 17111 S[
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Road Department
I REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating the Vacation of a '"
Right-of-Way located off of Tumalo Rim '"
Drive, Dedicated on Volume 268 Page 34 '"
and Volume 268 Page 35 and Located in the '" RESOLUTION NO. 2015-001
Tumalo Rim Subdivision 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.
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned for the
vacation of a right-of-way located off of Tumalo Rim Drive, dedicated on Volume 268 Page 34 and Volume
268 Page 35 and located in the Tumalo Rim 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 COUNTY,
OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to
vacate a right-of-way located off of Tumalo Rim Drive, dedicated on Volume 268 Page 34 and Volume 268
Page 35 and located in the Tumalo Rim SubdiviSion; described in Exhibit itA", attached hereto and by this
reference incorporated herein, because it appears the right-of-way 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 __________, 2015.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATIEST:
ALAN UNGER, VICE CHAIR
Recording Secretary
TAMMY BANEY, COMMISSIONER
PAGE 1 OF 1 -RESOLUTION NO. 2015-001
EXHIBIT "A"
Vacation of a Right-of-Way off of Tumalo Rim Drive dedicated in
Volume 268 Page 34 and Volume 268 Page 35, Deed Records, located in the
Tumalo Rim Subdivision in Deschutes County, Oregon,
A sixty foot wide public right-of-way lying between Lots 2 and 3, Block 1 of the official
plat of "Tumalo Rim" in the Southwest Quarter of Section 6, Township 17 South, Range
12 East of the Willamette Meridian, Deschutes County, Oregon and being more
particularly described as follows:
All of the right-of-way dedicating the fifty foot wide Common Area between said lots 2
and 3 as described in that deed recorded February 21, 1978 in Volume 268 Page 35
together with the two five foot wide strips of additional right-of-way width dedicated
across said Lots 2 and 3 as described in that deed recorded February 21, 1978 in
Volume 268 Page 35.
Sketch of Vacation Area
-Not to Scale-
BLOCK 1
"TUMAl.O RIM"
2
2
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