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HomeMy WebLinkAboutRes 056 - Initiate Vacation - 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.desehutes.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 Resolution No. 2008-056, initiating the vacation of a portion 3rd Streot 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. Signature of this Resolution initiates the vacation process. 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. 2008-056 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 A Resolution Initiating the Vacation of a portion of 3rd Street in Terrebonne 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. 2008-056 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 3rd Street, located in Terrebonne 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 portion of 3rd Street in Terrebonne described in Exhibit "A", attached hereto and by this reference incorporated 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 , 2008. ATTEST: Recording Secretary PAGE 1 OF 1 — RESOLUTION NO. 2008-056 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR TAMMY (BANEY) MELTON, VICE CHAIR MICHAEL M. DALY, COMMISSIONER EXHIBIT "A" 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 OREGN JULY 14, 1978 ROBERT R. POVEY 1652 Renewal Date: 12/31/08 -A7-,gaoc9 PROPOSED 3RD STREEET VACATION FOR: DONIEL SOTO SITUATE IN THE PLAT OF HILLMAN (TERREBONNE) LOCATED IN THE NW -1/4 SW1/4 OF SECTION 16, T 14S., R.13E., W.M. DESCHU TES COUNTY, OREGON DESCHUTES COUNTY ROAD DEPT, DATE 2ND STREET TL 263 12 21 11 22 TL 267 10 23 TL 268 9 24 TL 500 8 25 REGISTERED 1 PROFESSIONAL LAND SURVEYOR 3-27-,1008 L., OREGON JULY 14, 1978 ROBERT R. POVEY 1652 Renewal Date: 12/31/08 3RD STREET 60' -- TL 207 10 — — 9 7 26 TL 206 6 27 TL 206 BLOCK 24 5 28 100' \l•` 4 P- \vC/13 G 2 29 30 31 \\ 1 32 TBLOCk TL 260 100' 8 7 6 5 E AVENUE VACATED 1998-85 E AVENUE VACATED 2006-1 30' 3RD STREET 30' VACATED 1998-85 TL 224 4 2 SCALE: 1 "=50' POVEY AND ASSOC, LAND SURVEYORS P.O. BOX 131, REDMOND, I: R 97756 (541) 548-6778 080:`5V.OWG