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HomeMy WebLinkAboutOrder 048 - Vacate a Portion of 3rd StDeschutes 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 June 4, 2008 Please see directions for completing this document on the next page. DATE: May 27, 2008 FROM: George Kolb, County Engineer Road Department 322-7113 TITLE OF AGENDA ITEM: Consideration and signature of Order No. 2008-048, vacating a portion of 3`d Street in Terrebonne PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County received a petition signed by Eddie and Gerry Soto and Parker Agee to have a portion of 3rd Street between E Avenue and F Avenue vacated (see Exhibit "1", Engineers report for location map). The Soto's and Agee's own the two lots on either side of 3rd Street in this location. The reason for the vacation is that this portion of 3rd Street is located right at the edge of the rim rock therefore the road could not continue and the two parties would like this portion vacated so they can consolidate their properties. A portion of 3rd Street to the south of this vacation request was vacated in 1998 per Order No. 98-085. A field trip to the site indicated that there were no utilities in this portion of right-of-way and it did make sense to vacate the right-of-way as it is not needed for future road purposes. Since this vacation petition was signed by all adjoining property owners, it is considered a 100% vacation therefore no public hearing is required and signature of this Order finalizes the vaction of this portion of 3`d Street. FISCAL IMPLICATIONS: All fees for this vacation have been paid by the applicants for the vacation. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends approval and signature of Resolution No. 2008-048 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 3rd Street located in Terrebonne in Deschutes County, Oregon, * * * ORDER NO. 2008-0048 WHEREAS, proceedings for vacating a portion of 3rd Street located in Terrebonne 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. 2008-048 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 the rightful owner holding title according to law, in accordance with ORS 368.366(1)(c). 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 , 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, VICE CHAIR MICHAEL M. DALY, COMMISSIONER Before me, a Notary Public, personally appeared, DENNIS R. LUKE, TAMMY BANEY MELTON 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. 2008-048 Exhibit "A" Page 1 of 4 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: ,1 /90 . t �ro,.� o ci Ie 7 ,3 -c,.7 --c) 13-4.4 � c� Located in /cree-Se,s_rt,c , Deschutes County. Reason for road vacation request: ('j e, cdiu< Cz,C ��,„ c tc _ 44, Cu, .4 nom/ P a 71/42-46,-j'7v10 AAA() e:Olkjoevsz (7115' etey t.r3' DATED this 4:1day of , 20v br" NAME ADDRESS CITY STATE ZIP 8'"76 Y vi/4 % 3 J�'crr 644e 0/2 F7�6c STATE OF OREGON County of OeSCIAi ss. On this 3 , d of ate! , in the year 201V , before me, a Notary Public, personally appeared la, (� Pp' personally known to me (or proved to me on thekasis 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. TNESS m ,. and official seal OFFICIAL SEAL JESSICA GEORGE NOTARY PUBLIC -OREGON COMMISSION NO. 400845 MY COMMISSION EXPIRES DEDC. 29, 2009 ublic • r O ego „ minis -"on ex re : I Exhibit "A" Page 2 of 4 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: AIL A fa//10 f .3f( .5Lreet- Located in /e✓re4omne Reason for road vacation request: , Deschutes County. c DATED this /-7day of �t-i � , 20x8. x� NAME r c/C/le cl e ss e 5o7 G-r-p-ry ac i y Sa o STATE OF OREGON %,21(-0 ss. County of ADDRESS CITY STATE ZIP g Bea uv rere_ [dQy Cavm IcA4c- 936Q M/53 .C.3P A bz.2y ri «h414(42za ins 4Q turd- �L'��en �. eiit ho otc cte, °l”t; See_ a),-4cacln e c Ce j 1 - On 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 o .tisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this instrument, and ackn•, -dged that he (she, they) executed it. WITNESS my hand and official seal ry Public for Oregon. My • ' mission expires: Road Vacation Summary - Page 4 Exhibit "A" Page 3 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of kiveirsdg.._ } On QCptrtl 01, ZOdgj before me, N xr eG. r0 0 �o-kew,1 Date Here Insert Name and Title of the Officer personally appeared Edd(Iz i 42 S2 3O k) av\ ok C eve..( lee �0{-o Name(s) of Slgner(s) MBA A TOSTADO COMM. #1597028 NOTARY PUBLIC • CALIFORNIA RIVERSIDE COUNTY Commission Ex ires JUL 24 ,2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons whose namet) isesubscribed to the within instrument and acknowledged to me that he/she i►j executed the same in his/her/ ei authorized capaci , and that by his/he signaturCs on the instrument the person& or the -ntity upon behalf of which the persore acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand --Id official seal. Signature OPTIONAL O Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of ��a Document: PCOV vUvV Cco P. P . c Document Date: \ 01, o03 Number of Pages: O►�E Signer(s) Other Than Named Above: b� G Capacity(ies) Claimed by Signer(s) Signer's Name: E .q.saS9Z SAO Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O e c{ RIGHT THUMBPRINT OF SIGNER of thumb here Signer's Name: Q ieVv-( L122- 3g-individual ee-individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER • of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder. Call Toll -Free 1-800-876-6827 STATE OF OREGON ) County of ) ss. Exhibit "A" Page 4 of 4 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 ) ss. Notary Public for Oregon. My Commission expires: 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 ss. County of Notary Public for Oregon. My Commission expires: 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 Notary Public for Oregon. My Commission expires: I CERTIFY THAT T-HfS-143 THE TRUE AND ORI 2iIe,I7le/ 5;7 SIGNATU E sue13 ck��tc. 14/7 geole .�..11 C11 tF$6ot ADDRESS TELEPHONE: 6/0.043 —it -/.C/ Road Vacation Summary — Page 5 TO: EXHIBIT "B" Page 1 of 2 Engineer's Report Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department Road Department 61 150 SE 27th St. • Bend, Oregon 97702 [541] 388-6581 • FAX [541 ] 388-2719 DATE: May 21, 2008 SUBJECT: Vacation of a portion of 3rd Street between E Avenue and F Avenue (Terrebonne) 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 heari ng 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 property to be vacated. Discussion: Deschutes County received a petition signed by Eddie and Gerry Soto and Parker Agee to have a portion of 3rd Street between E Avenue and F Avenue vacated. (see Exhibit "1" for map). The Soto's and Agee's own the two lots on either side of 3rd Street in this location. The reason for the vacation is that this portion of 3rd Street is located right at the edge of the rim rock therefore the road could not continue and the two parties would like this portion vacated so they can consolidate their properties. A portion of 3rd Street to the south of this vacation request was vacated in 1998 per Order No. 98-085. A field trip to the site indicated that there were no utilities in this portion of right-of-way and it did make sense to vacate the right-of-way as it is not needed for future road purposes. The Road Department mailed preliminary notices of the proposed vacation to the affected utilities and agencies. Their responses are as follows: Bend Broadband: No response Cascade Natural Gas: No response Central Electric Co-op: No response. Quality Services Performed with Pride EXHIBIT "B" Page 2 of 2 COI Irrigation: "No comment" Pacific Power and Light: No response Pacific Gas and Transmission: No response Qwest Communications: No response Terrebonne Water Company: No response Redmond Fire Department: "this vacation has no impact to our service area" Deschutes County Community Development: No response Deschutes 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: 1. The right-of-way proposed for vacation was dedicated for road purposes on the official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office of the County Clerk, Deschutes County, Oregon 2. There is no need to retain a utility easement. 3. The petitioners wish to consolidate 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-ways to the tax roles and allows the property owners to better utilize their properties. This property is not needed for public purposes and will not be needed in the future. The Road Department recommends that the Board review the attached material and make their decision on ' whether to approve the vacation of this public right-of-way as described in the attached Order No. 2008-048 subject to the following conditions: 1. No opposition to the vacation is reported to the County concerning this vacation. 2. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS 368.366 (1) (d). F AVE 3rd Street Vacation Portion of 3rd Street to be Vacated F AVE CENTRAL -AVE - 0 crI � I Locator Map Location of Vacation Terrebonne MAPLE ' E iLCtfX AVE 0 M 0 200 Legend State Highway — Road Centerlines . Vacation Taxlots 1- 1— C•1 — H E AVE 1— v 400 CENTRAL -AVE The information on this map was derived from cigltal 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, omissions, or positional accuracy in the cigital 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. 600 800 Feet Exhibit "1" Page 1 of 1 Printed: April 29, 2008 t1,p Deschutes County Road DI partment Creamed By. John Anderson GIS Specialist Phone (541)322 '102 Email:johna@co 'esch tes.or.us Address 61 150 S, 27th St Bend, ( 197702 P:\ArcGIS_Projects\vacations\3rd St Exhibit "C" 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 Vacation of Portions of 3rd Street in Hillman (Terrebonne) 3rd Street Vacation A portion of 3rd Street lying in the NW1/4 SW1/4 of Section 16, Township 14 South, Range 13 East, Willamette 'Meridian,. as shown on the official plat of Hillman recorded and filed in Cabinet A, Page 77 of the plat records in the office of the County Clerk, Deschutes County, Oregon, being more particularly described as follows: That portion of 3rd Street lying South' of the prolongation of the North property line of Lot 26, Block 24 and North of the prolongation of the North property line of Lot 29, Block 24. The same containing approximately 0.10 land acres (4500 square feet). PAGE 1 DESCRIPTION G:\2008A\08-035\LEGAL-G.doc REGISTERED PROFESSIONAL LAND SURVEYOR .3 -a7-,0049 OREGN JULY 14, 1978 ROBERT R. POVEY 1652 Renewal Date: 12/31/08 PROPOSED 3RD STREEET VACATION FOR: D ONIEL SO TO SITUATE IN THE PLAT OF HILLMAN (TERREBONNE) LOCATED IN THE NW1/4 SW1/4 OF SECTION 16, T.14S., R. 13E., W,M. DESCHUTES COUNTY, OREGON DESCHUTES COUNTY ROAD DEPT. DATE 2ND STREE) TL 263 12 21 11 22 TL 267 10 23 TL 268 9 24 TL 500 8 25 REGISTERED PROFESSIONAL LAND SURVEYOR 3-27-200R OREGON JULY 14, 1978 ROBERT R. POVEY 1652 Renewal Date: 12/31/08 3RD STREET 60' TL 207 10 9 "(\ TL 206 7 26 6 27 BLOCK 24 5 °4 S¢ 2 TL 206 28 100' 29 30 31 1132 8 BLOC 7 31 TL 260 6 100' 5 E AVENUE VACATED 1998-85 E AVENUE VACATED 2006-1 30' 3RD STREET 30' co H 01 H TL 224 LLA U N 4 SCALE: 1"=60' POVEY AND ASSOC., LAND SURVEYORS P.O. BOX 131, REDMOND, Q? 97756 (541) 548-6778 08035VDWG