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HomeMy WebLinkAboutOrder 005 - Vacate Portion - Gribbling RdOJT E S ca A V 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 January 30, 2008 Please see directions for completing this document on the next page. DATE: January 17, 2008 FROM: George Kolb, County Engineer Road Department 322-7113 TITLE OF AGENDA ITEM: Consideration and signature of Order No. 2008-005, vacating a portion of the 1922 Gribbling Road PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: In December of 2005, Kim Ward approached the Road Department about the possibility of relocating Gribbling Road onto a new dedicated right-of-way that he was willing to dedicate in exchange for the County building the new road and also going through the process to vacate the old right-of-way. This would occur only on the property that is owned by Mr. Ward. The existing traveled road was not located within the 1922 established right-of-way. The new right-of-way was dedicated per RD -06-1 and was recorded March 16, 2007 in document No. 2007-15885, Deschutes County Official Records. The new road was then built within the new dedication therefore the unused portion of Gribbling Road can be vacated. Since this vacation occurs entirely on property owned by Kim Ward, it is considered a 100% vacation therefore 110 public hearing required and signature of this Order finalizes the vacation of this portion of Gribbling Road. FISCAL IMPLICATIONS: Mr. Ward was responsible for the land use action costs and the County was responsible for constructing the new road. Because of the existing road being located outside the existing right-of-way, the County would have eventually been responsible for relocating the road into the 1922 established right-of-way or purchasing right-of-way and reconstructing the roadway within the new right-of-way. By working with Mr. Ward, we were able to get the right-of-way donated to the County and our main expense was the construction of the new road. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends approval and signature of Order No. 2008-005 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 a portion of Gribbling Road located in Deschutes County, Oregon, * * * * ORDER NO. 2008-005 WHEREAS, proceedings for vacating a portion of Gribbling Road 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. Section 3. That the property, described in Exhibit "C" attached hereto and by this reference incorporated herein, is hereby vacated. Page 1 of 2 — ORDER NO. 2008-005 Section 4. That the property, vacated in Section 3 herein shall vest with the rightful owner holding title according to law, in accordance with ORS 368.366(1)(c). Section 5. That the following utility easements shall remain in place and not be affected by this vacation: Book 400 Page 2161 (96-06786) USW#9533504 for US WEST COMMUNICATIONS, INC. Recorded November 22, 1995, 10 foot wide phone easement. Section 6. That the Deschutes County Surveyor is directed to mark the plat as provided in ORS 271.230. Section 7. 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 , 2008. ATTEST: Recording Secretary STATE OF OREGON ) )SS. County of Deschutes ) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON DENNIS R. LUKE, CHAIR TAMMY (BANEY) MELTON, COMMISSIONER 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: Page 2 of 2 — ORDER NO. 2008-005 EXHIBIT "A" 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 the following described road be vacated. Description of road to be vacated: 4 Poe -lox) Die t2 Li go,ep " rtiC E `('-( ©f-- Ser o , '-1 , rtes , Located in , Deschutes County. Reason for road vacation request: -fl -Its (lame.) de \-1-tv.. to, ZZ E'S fV4,g U P Lc49-no cJ j1/4.i D _ 3\00 -1- (S Q, 6 5- NS D' Kit r C1-! i t'o , Zoo -) DATED this day of , 20 NAME s Com: STATE OF OREGON County of DcschK Fes ss. ADDRESS C22/ On this I Ste► day of cJ►�t to a, -j , in the year 20 or, before me, a Notary appeared K• AA A. Wu prz_al me (or proved to me on the basis of satisfactory evidence) to be the person(s) subscribed to this instrument, and acknowledged that he (she, th ) executed WITNES v%hand and OFFICIAL SEAL WANDA CALLAHAN NOTARY PUBLIC -OREGON COMMISSION NO. 388015 MY COMMISSION EXPIRES JAN. 20, 2 CITY STATE ZIP 94)1 Public, personally personally known to whose name(s) is(are) it. ic_ ill seal Notary Public for Oregon. My Commission expires: ) -2 o -2005 Road Vacation Summary - Page 4 Exhibit "B" Page 1 of 3 Road Department 61150 SE 27th St. • Bend, Oregon !37702 [541 ] 388-6581 • FAX [541 ] 38E4-2719 ENGINEER'S REPORT TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: January 15, 2008 SUBJECT: Vacation of a portion of Gribbling Road 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 acknowledged signatures of 100 percent of the property owners abutting any public properly to be vacated. Background: In December of 2005, Kim Ward approached the Road Department about the possibility of relocating Gribbling Road onto a new dedicated right-of-way that he was willing to dedicate in exchange for the County building the new road and also going through the process to vacate the old right-of-way. This would occur only on the property that is owned by Mr. Ward. Gribbling Road was established in 1922. The existing road traveled by the public was not located with the established right-of-way. Kim Ward's proposal was that he would dedicate the right-of-way along an alignment that was agreed upon by himself, the County Road Department and the Oregon Department of Transportation (ODOT). Meetings were held on site to determine the best location for the road and also the best access point on Highway 20. Part of the agreement with ODOT was that as soon as the new access was completed, the old one would be obliterated and not available for public use. Mr. Ward went through the necessary land use process, RD -06-1 for the dedication of the new right-of-way. Upon approval of the land use decision, the road was constructed within the new right-of-way and the old roadway was closed to further public travel. Vacation of the old Gribbling Road right-of-way will allow Mr. Ward to better utilize his property and also return that property to the tax roles. Quality Services Performed with Pride Exhibit "B" Page 2 of 3 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 utilities notified and their response to the vacation: Arnold Irrigation: No Response Avion Water: No Response Bend Broadband: E-mail response from Mark Kaupp, Senior Designer for BendBroadband dated 11/12/07 indicated that they do not have or need easements in the area described in the vacation notice. Cascade Gas: No Response Central Electric: No Response COI irrigation: No Response Pacific Power: No Response PGT: No Response Qwest Communications: Initial response from Lynn M. Smith, Manager, right-of-way dated 1 1/13/07 stated, "Qwest currently has facilities in the above mentioned area. While Qwest has no objection to the proposed vacation, it is imperative that Qwest rights be preserved in the area." Subsequent conversation with Bob Kitchen, local contact for Qwest, indicated that they do have facilities in the area but he was not sure if they were located within the actual established right-of-way for Gribbling Road. The Road Department surveyed the location of the existing facilities and found that they were not located within the 1922 right-of-way established for Gribbling Road. Further research turned up an easement granted to US West by Deschutes County, Book 400 Page 2161 (96-06789). This easement is 10 feet in width and is expressly for the phone line located on Mr. Ward's property. It was granted to US West prior to Deschutes County selling the property to Mr. Ward. I discussed the easement with Bob Kitchen and he felt they were covered and did not have to have an easement retained in the vacated right-of-way. Bend Fire Department: No Response Deschutes County Community Development Department: Response from Kevin Harrison, Community Development Department dated 10/29/07, "Proposed vacation anticipated as part of the road dedication approved under County file no. RD -06-1." County Legal Counsel: No Response Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department makes the following findings: Exhibit "B" Page 3of3 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 the property abutting the proposed vacation. 2. A utility easement does not have to be retained. 3. The right-of-way dedicated by Kim D. Ward to the public, recorded March 16, 2007, in document No. 2007-15885 is not affected by this vacation and will remain in effect. 4. The easement for Qwest in Volume 400 page 2161 (96-06786) is not affected by this vacation and will remain in effect. 5. 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 returns the right-of-way to the tax roles and allows the property owners to better utilize their properties. The Road Department recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2008-005 subject to the following conditions: 1. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS 368.366 (1)(c). 2. A utility easement does not have to be retained on the vacated property. EXHIBIT "C" Page 1 of 2 A description for the Vacation of a portion of Gribbling Road in the Southeast one-quarter of Section 4, Township 18 South, Range 13 East, of the Willamette Meridian, being described as follows: All that portion of Gribbling Road, as established in Deschutes County Commissioners Journal Number 1, Page 454, on November 18, 1922, that lies within the Southeast one- quarter of the Southeast one-quarter (SE1/4SE1/4), and the North one-half of the Southeast one-quarter (N1/2 SE1/4) of Section 4, of Township 18 South, Range 13 East, of the Willamette Meridian, Deschutes county, Oregon, Except therefrom that portion lying within that Deed of Dedication, from Kim D. Ward LLC to the public, recorded March 16, 2007, in document No. 2007- 15885, Deschutes County Official Records. Gribbling Road Vacation EXHIBI� 1eC" Page 2 of 2 Gribbling Road Vacation Locator Map 0 ,0 J 0 YribilM1 RDcc° III R Bend Location of Vacation I 1 I 0 500 Legend ® Road to Vacate State Highway — Road Centerlines Taxlots 1,000 The information on this map was derived from digital 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 errors, orissions, or positional accuracy in the digital data or the underlying records. There are 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. 1,500 Printed: October 25, 2C07 MapDeschutes County Road Del artment Creared By: 0000) John Anderson, IS Specialist Phone. 15411322-7 12 Email:johna@co.de chutes.or.us Address' 61 150 SE i 'th 4 Bend, OR' 7702 \\Road\GIS_ProjWrcGIS_Projects\Vacat ons\Gribbling