HomeMy WebLinkAboutHearing - Order 001 - Vacate Masten RdDeschutes County Board of Commissioners
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(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 9, 2008
Please see directions for completing this document on the next page.
DATE: December 24, 2007
FROM: George Kolb, County Engineer Road Department 322-7113
TITLE OF AGENDA ITEM:
Public Hearing and Consideration and Signature of Order No. 2008-001, Vacating a Portion of J.N.
Masten Road
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
On November 28, 2007, the Board of County Commissioners signed Order No. 2007-158 which
accepted and approved the County Road Officials report and set the date for the public hearing on this
vacation for January 9, 2008. This hearing is the last step in the vacation process. The Board will hear
testimony for or against the vacation. After the public hearing is closed, the Board will vote to either
approve or reject the vacation.
FISCAL IMPLICATIONS:
All fees for this vacation have been paid by the applicant, John Rosen.
RECOMMENDATION & ACTION REQUESTED:
After all testimony is received at the public hearing and if the Board determines it is in the best interest
to do so, the Road Department recommends signature of Order 2008-001 vacating a portion of the J.N.
Masten Road as described.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Callahan (ext. 7103) at the Road Department after recording.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating that portion of
the 1907 J.N. Masten Road located in,
Deschutes County, Oregon.
*
*
ORDER NO. 2008-001
WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation
of a portion of the 1907 J.N. Masten Road by Resolution Number 2007-142 dated November 28, 2007; and
WHEREAS, the Board of County Commissioners requested the County Road Official to prepare a
report relating to the vacation; and
WHEREAS, the Board of County Commissioners accepted and approved the County Road Official's
report and as required by ORS 368.346 set a public hearing on January 9, 2008 at 10:00 a.m. by Order
Number 2007-158 dated November 28, 2007; and
WHEREAS, notice of hearing was given in accordance with ORS 368.346(3) and 368.401 to 368.426;
and
WHEREAS, the Board of County Commissioners held said hearing to consider matters presented
under ORS 368.346; and
WHEREAS, the Board of County Commissioners finds that it is in the public interest to vacate the
public property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
follows:
Section 1. That the property, described in Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby vacated.
1 - ORDER NO. 2008 — 001
Section .2. That the property, vacated in Section 1, shall vest in the rightful owner holding title
according to law pursuant to ORS 368.366(1)(c).
Section 3. That the Deschutes County Surveyor is directed to mark a copy of the plat, if any, as
provided in ORS 271.230.
Section 4. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be
filed with the Deschutes County Surveyor and County Assessor.
ATTEST:
Recording Secretary
STATE OF OREGON )
)SS.
County of Deschutes )
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
TAMMY BANEY, VICE CHAIR
MICHAEL M. DALY, COMMISSIONER
Before me, a Notary Public, personally appeared DENNIS R. LUKE, TAMMY BANEY and MICHAEL
M. DALY, 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 , 2008.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
2 - ORDER NO. 2008 — 001
EXHIBIT "A"
DAVID EVANS
AND ASSOCIATES INC.
Diamond Bar Ranch Road
Right-of-way Vacation
Vacation of a part of the 1907 J. N. Masten Road (also known as Diamond Bar Ranch Road) established
on December 17, 1907 in the Crook County Commissioner's Journal, Volume 4, Page 181, lying in the
east 1/2 of Section 25 and the northeast 1/4 of Section 36 in Township 22 South and Range 9 East of the
Willamette Meridian and in the west 1/2 of Section 30 and the northwest 1/4 of Section 31 in Township
22 South and Range 10 East of the Willamette Meridian, Deschutes County, Oregon as shown on the
attached map and further described as follows:
That part of said J. N. Masten Road lying south of the southwesterly right-of-way, adjacent to the east
line of Section 25, of the Road described in Volume 187, Page 893 of the Deschutes County Deed.
Records, and north of the northwesterly right-of-way, adjacent to the east line of said Section 36, of said
Road described in Volume 187, Page 893 of the Deschutes County Deed Records, (also known as Wagon.
Trail Ranch Road).
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 18, 1980
JERRY C. POWELL
1919
RENEWS 12-31-2008
October 10, 2007
P:\O\OBND02970297\0600INFO\Diamond Bar Ranch Road Vacai on.doc
320 Upper Terrace Drive Suite 200 Bend Oregon 97702 Telephone: 541.389.7614 Facsimile: 541.389.7623
Road Department
61 150 SE 27th St. • Bend, Oregon 97702
(541 ] 388-6581 • FAX (541 ] 388-2719
ENGINEER'S REPORT
Revised to include correspondence from Qwest
concerning an easement from Mr. Rosen for existing
utilities in the right-of-way. Changes to original Engineer's
Report are shown in Italic
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: November 14, 2007
SUBJECT: Vacation of a portion of the 1907 J.N. Masten Road (Diamond Bar Ranch Road)
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road
right-of-ways or subdivision plat.
Background:
John Rosen has petitioned the Road Department to vacate a portion of the 1907 J.N. Masten Road
(Diamond Bar Ranch Road) located along and through his property (see attached site map Exhibit "1").
This portion of the J.N. Masten Road had been part of the Wagon Trail Ranch Road but in 1972. the
Gilchrist Timber Company and Brooks Scanlon, Inc. dedicated a new portion of Wagon Trail Ranch Road
that went around the roadway that is proposed to be vacated. Wagon Trail Ranch Road is a paved road
maintained by the Wagon Trail Ranch Property Owners Association that is located in Klamath County.
The reasons for the vacation request are as follows:
1. This portion of the J.N. Masten Road is not needed for public travel since the dedication and
subsequent improvement of the 1972 dedicated portion is used by the traveling public.
2. Vehicles that use this roadway do so at a high rate of speed.
3. The intersections of this graveled road intersect with Wagon Trail Road at an angle that does not
meet current design standards and have been the site of several close calls due to people not
stopping at the intersections.
1 have attached a letter from Mr. Rosen outlining his concerns and the work he has done concerning this
vacation (see Exhibit "2")
Discussion:
The Road Department mailed out notices to all interested parties and also utilities serving the are I to
determine if there was any interest in maintaining a utility easement. The following are the util ties
notified and their response to the vacation:
Midstate Electric: No Response
Quality Services Performed with Pride
Pacific Power: No Response
PGT: No Response
Qwest Corporation: Qwest notified that they have facilities in the right-of-way and the applicant will
work with them on securing an easement prior to signature of the vacation order.
12/11/07 1 received a `Letter of Agreement Due to Vacation of Public Property" signed by both Qwes1
and Mr. Rosen in which Mr. Rosen agrees to grant an easement to Qwest for existing utilities in the right-
of-way to be vacated. Based on this information, the vacation can proceed.
La Pine Fire Department: No Response
Deschutes County Community Development Department: No Response
County Legal Counsel: No Response
Mr. Rosen also submitted documentation from the following parties concerning this vacation:
Don Newcomb, Senior Trooper, Oregon State Police Patrol Division, Gilchrist, OR
Terry Cagaanan, Chairman of the Board of Directors, Wagon Trail Ranch Property Owners
Association.
R.D. Buell, District Manager, Walker Range Forest Protective Association.
r Norman and Marlene McClung, resident of Wagon Trail Ranch Road.
These documents are attached at Exhibit "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 signatures of either owners of 60 percent of the land abutting the
property proposed to be vacated or 60 percent of the owners of land abutting the property
proposed to be vacated; and
2. A utility easement will be granted by Mr. Rosen to Qwest per the attached "Letter of Agreement
Due to Vacation of Public Property"
3. The vacation allows the applicants to better utilize their property and clears up the title to their
property.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it return: the
right-of-ways to the tax roles and allows the property owners to better utilize their properties. The Foad
Department recommends that the Board approve or reject the vacation application based on testin ony
received al the public hearing. If the vacation is approved as described in the attached Order No. 2008-
001, it shall be subject to the following conditions:
1. The vacated property shall vest in the rightful owner holding title according to law pursuan'; to
ORS 368.366 (1)(c).
2. A utility easement will be granted by Mr. Rosen to Qwest per the attached "Letter of Agreement
Due to Vacation of Public Property".
Nov 28 07 07:52a
John & Bonnie Rosen
541-536-8158 p.2
S57/ - g/.5?
LETTER OF AGREEMENT
DUE TO VACATION OF PUBLIC PROPERTY
It is agreed on this 27 Tday of /./Oa: , 2007, between �0 &I 4
Ao,✓Jie /2_ c) sr N "Owner", and Qwest Corporation "Company", a Colorado Corporation,
whose address is 1801 California Street, Suite 5200, Denver, CO 80202, , as follows:
1. The "Owner" hereby agrees to allow the "Company" the right to retain in place telephone facilities on, under, or
across a specific portion of the following described property which is addressed or described as follows: A portion
of J. N. Masten Rd (Diamond Bar Ranch Rd) in the County of Deschutes, State of Oregon, for the purposes of
telecommunications cable and equipment.
2. Within 10 days of the ordinance passing of the vacation of public property, the "Owner" agrees to grant to Qwest
Corporation, an easement approximately 11/4 miles in length generally located on the owner's property, all of which
is located in the Sections 25 & 36, Township 22 South, Range 9 East and Sections 30 and 31, Township 22 South,
Range 10 East, of the W.M.
3. It is understood and agreed that the telecommunication facilities are in place and will remain in their current
location.
COMPANY: / OWNER S
--"b
4 •.feet Corpora ' ' n
Appointed Rigof Way Representative
'or' Appointee Field Engineer
Exchange: Job#:
Owner/Address: PD •60,X 2 a'' 37
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NOTES:
WAGON TRAIL RANCH ROAD
VOLUME 187. PAGE 393
DESCHUTES COUN TY DEED RECORCS
sc*1* = Miesign
Cote 10-10-07 drown JCP
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AVID EVANS
AND ASSOC. iAT ES INC
IO 9 NW WciStreet. SwIe 1G2
Otid. Creta 97701 (541) 599-7i14
Diornond Bar Ranch Pd.
Right—of—way Vacation
LOCATED IN SECTION5 25 & 36 OF
1.22S., R.9E. W.W. AND SECTICAIS
30 & 31 OF T.22S., R , 1 0
DESCHUTES COUNTY, OREGON