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HomeMy WebLinkAboutOrder 024 - Vacate Portion of Nelson RdDeschutes 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 August 27, 2008 Please see directions for completing this document on the next page. DATE: August 11, 2008 FROM: George Kolb, County Engineer Road Department 322-7113 TITLE OF AGENDA ITEM: Consideration and signature of Order No. 2008-024, vacating a portion of Nelson Road PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: The City of Bend, as a condition of CU -97-111, realigned the intersection of Nelson Road with the Powell Butte Highway. The new intersection of Nelson Road with the Powell Butte Highway was relocated to the south and the existing intersection was closed to traffic. A portion of the old alignnient was retained but dead -ended in a cul-de-sac which left a portion of Nelson Road between the cul-de-sac and Powell Butte Highway that is approximately 1100 feet in length and is no longer needed for public travel. This portion of the old Nelson Road was also in conflict with the safety clear zones needed by the Bend Airport for the extension of the existing right-of-way. The City of Bend has applied to vacate this portion of Nelson Road to satisfy FAA requirements concerning safety zones for airports. The vacation of Nelson Road was also discussed as part of CU -03-73 in which the City of Bend was the applicant for the realignment of Nelson Road. 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 Nelson Road. 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 Order No. 2008-024 ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz (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 Nelson Road located in Deschutes County, Oregon. * * * * ORDER NO. 2008-024 WHEREAS, proceedings for vacating a portion of Nelson Road located 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. 2008-024 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. The parties understand that the following easement shall remain in place and not be affected by this vacation. Central Oregon Irrigation District easement for the B -Lateral which is 40 feet in width (20 feet each side of centerline), with an additional 20 feet for a ditch rider road on the left side (looking down steam). 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, VICE CHAIR MICHAEL M. DALY, COMMISSIONER Before me, a Notary Public, personally appeared, DENNIS LUKE, TAMMY BANEY MELTON and MICHAEL M. DALY the above-named Board of County Cornmissioners 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. 2008-024 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. t�� Description of road to be vacated: OLD PoaTT&tt DF r4ekori Road 'f'i a VIAS 'eeh yeloa t1-ec , ,ev(ekiced b afixcki ()06a1 c.esCrrFf,'oN. Located in , Deschutes County".� ,,r J Reason for road vacation request: ROt.4 no IOhr kilede a roe. C- Kt.d plGtHS Q r kVuoirct!'jI A-wyo+ rukw4 re,Iocadlo)vi area off" olef 1\14**1 *NJ f+erPe s u i 1 i tA)set-Feki a.Vea ! hoi Wats rotalito aor)e . DATED this 1I day of (pY ;1 , 2006 . 10©i ,.�N..,�t .,a..J.��► � G Bso�2 PI MA A G -t P44 STATE OF OREGON County ofTeSclnw1--e5 ss. ADDRESS CITY STATE ZIP To NO wa. ti . 3 E-A.b 7770 f3 t(5 nJw c,skt-� sr BEIS0 citric)! On this (' day of C4rti , in the year 20 Ola before me, a Notary Public, personally appeared 1 \-G'k_ro• C . ak\AS.vS' 'r, 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. OFFICIAL SEAL KIM PARSONS NOTARY PUBLIC -OREGON COMMISSION NO. 375857 MY COMMISSION EXPIRES JAN. 6, 2008 WITNESS my hayd and official seal 6 ; .-1A..•i�` Gtr ✓�tJ My Commission expires: //co (c 3 Notary Public for Oregon. Road Vacation Summary — Page 4 STATE OF OREGON County of e ,,11,44, 5 On this /?day of 00 , , in the year 20010 , before me, a Notary Public, personally appeared Ai,ick 5/ea- cs Anal Mg0,20z6¢a- g.� 11a,,14 ,2L , personally known to me (or proved to me on the Mast§ of satisfactbFy evidence to be tie person(s) whose name si • _ •_ �ti;...:�.�� _ `��, instrument, and .-r�1,���wledg- • that he e, they) executed it. WI !!�. S •. • d .,>,T��. • col seal ) ) ) ss. OFFICIAL SEAL ALYCE M LARSEN NOTARY PUBLIC -OREGON � f ' COMMISSION NO.364338 MY COMMISSION EXPIRES JAN. 25 2007 STATE OF OREGON County of ss. i� Add airr_ ..�L to - "ublic for I reg n. My l�. mission expires: OJ -d.5- 07' 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 THIS IS THE TRUE AND ORIG AL PET/ ION CIRCULATED BY ME. —6 i/ rte 6v0Py SIGNATURE 1 7(o Nt) &3ui �-. extO� T•172 I ADDRESS TELEPHONE: c -I !' 13' Z (SZ - Road Vacation Summary — Page 5 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: OW POlirbu OF Nk(Sor( Road 4a.f ias 19eeo roioat-klAt eviSe ed b afbtcitie4 ['jai .scrg7f oN . Located in ROM , Deschutes County. ,,r Reason for road vacation request: ``OM no kohr5er ',Keeled as wet Ca -t. of- E{(,iQJ Plays a Ze1ID hpo4 rwi u reiocafroPii Area 0-F ofcc t.kj j 'Road in+er4evrs wit'in hula&U Sa4e( a ea / !'Uhwa� kc aotw- DATED this ri day of a -pe I I , 2006 . K M14 .k NG rAtmkga� STATE OF OREGON County of"Desc.lncn,i==s ss. ADDRESS 710NOWeal � J 3 kJ w taloa,-t. s r CITY STATE ZIP 3 F7J13 �77Of E.Ft4r3 97'7aI ,)1310 7770 I On this day of 3. p rr t ( , in the year 20 IAA before me, a Notary Public, personally appeared j- tirc\c CA CLIAcic ec��--, 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. W ITN SS my hayd and official seal OFFICIAL SEAL KIM PARSONS NOTARY PUBLIC -OREGON COMMISSION NO. 375857 MY COMMISSION EXPIRES JAN. 6, 2008 Notary Public for Oregon. My Commission expires: Road Vacation Summary — Page 4 STATE OF OREGON ) County of (")Q ,.nu. .5 ) On this ilthday of appeared ss. 00 , in the year 20010 , before me, a Notary Public, personally 02,mei.ed- personally known to me (or proved to names f7, OFFICIAL SEAL ALYCE M LARSEN rx" " NOTARY PUBLIC -OREGON COMMISSION NO. 364338 MY COMMISSIONEXPIRES JAN. 22520007 me on the .as`f of satisfact evidence to be t.e person(s) whose STATE OF OREGON County of psccd-eS ) ) instrument, and - )1wiedg-. that he e, they) executed it. WI 74 ublic for Sreegg•n. My • mission expires: 0/-,02.3"-- o7' ss. On this J0 day of , in the year 2004, , before me, a Notary Public, personally appeared , n/u24 r,B 3 dY6r,.,,``��, /49,2 x, . , J. C, personally known to me (br proved to me on the- asis of saM4.%factory evidence) to be the person(s) whose n �— -- -- :� ;�rument, and acknowledg.d t „t he (she, they) executed it. s ALYCE M LARSEN NOTARY COMMISSION INO 36 3338 ! MY COMMISSION EXPIRES JAN. 25 2007 STATE OF OREGON County of ) ) ) ss. WI d official seal 11 ublic •r *regon. My`lommission expires: O/ -a -5–D7 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 THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME. SIGNATURE ADDRESS TELEPHONE: Road Vacation Summary — Page 5 -1" ES Road Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 ENGINEER'S REPORT TO: Board of County Commissioners FROM: George Kolb, County Engineer, Deschutes County Road Department DATE: August 11, 2008 SUBJECT: Vacation of a portion of Nelson 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 property to be vacated. Background: The City of Bend, as a condition of CU -97-111, realigned the intersection of Nelson Road with the Powell Butte Highway. The new intersection of Nelson Road with the Powell Butte Highway was relocated to the south and the existing intersection was closed to traffic. A portion of the old alignment was retained but dead -ended in a cul-de-sac which left a portion of Nelson Road between the cul-de-sac and Powell Butte Highway that is approximately 1100 feet in length and is no longer needed for public travel. This portion of the old Nelson Road is also in conflict with the safety clear zones needed by the Bend Airport for the extension of the existing right-of-way. The City of Bend has applied to vacate this portion of Nelson Road to satisfy FAA requirements concerning safety zones for airports. The vacation of Nelson Road was also discussed as part of CU -03-73 in which the City of Bend was the applicant for the realignment of Nelson Road. Discussion: The Road Department mailed out notices to all interested parties and also utilities serving the art a to determine if there was any interest in maintaining a utility easement. The following are the uti ities notified and their response to the vacation: Arnold Irrigation: No Response Quality Services Performed with Pride Avion Water: No Response Bend Broadband: No Response Cascade Gas: No Response Central Electric: No Response Central Oregon Irrigation District: Response from Jeremiah Fender, "COID has its B -lateral which runs under this portion of Nelson Rd. The easements for B-lat are 30 ft. (15' j,-om centerline of canal), with an additional 20' on the west side of canal for our ditch road. The Districts easements will need to be maintained whole. " The order vacating this portion of Nelson Road will contain language specifying that the COID easement is not affected by the vacation and will remain in place. Pacific Power: No Response Qwest Communications: Response from Lynn Smith, Qwest right-of-way manager dated 8/8/2006 indicated that Qwest did have facilities in the right-of-way and therefore an easement would have to be retained for their facilities. The City of Bend worked with Qwest and had the facilities relocated off the right-of-way therefore Qwest approved the vacation per letter from Lynn Smith, Manager, Right-of-way, dated June 9, 2008 stating, "This letter is to further address the vacation of a portion of Nelson Road. The City of Bend has granted Qwest a private easement for that portion of Nelson Road, and a portion of said cable has been relocated, therefore Qwest has no objection to the vacation as written." Deschutes County Community Development Department: Response from Cathy White, CDD, 'The vacation of this portion of Nelson Road is consistent with the conditional use approval, CU -03-73, that approved the realignment of Nelson Road. " County Legal Counsel: No Response Findings: Based upon preliminary responses, and the Department's research of the proposed vacation, the 12oad 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 acknowledged signatures of the owners of 100 percent of the property abutting the proposed vacation. 2. The right-of-way is no longer needed for public roadway purposes 3. A utility easement does have to be retained on the right-of-way being vacated. This is an ex isting easement for Central Oregon Irrigation District and will not be affected by the vacation. 4. The vacation will allow the applicants to better utilize their property and also satisfy the FAA requirements for runway safety. 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. The Road Department recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2008 — 024 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 will be retained on the vacated property. This is an existing easement for Central Oregon Irrigation District and will not be affected by the vacation. 3. No opposition to the vacation is reported to the County prior to signature of Order No. 2008 — 024. Portior pf Nelson Rd Vacaf' CD O C pro o o COCO NELSON RD Locator Map Bend Airport Begin Vacation r 0 0 NEF RC Location of Vacation RD LFALFA M I R K End Vacation 0 1 E 1 100 200 May 1, 2006 1 I 400 600 800 Feet M.P Deschutes County Road Department creme BY, • 1885 l`®a John Anderson, GIS Specialist Phone'. (541) 322-7102 Email: johna@co.deschutes. or.us Address: 61150 SE 27th St Bend. OR 97702 Legend Taxlots I Section Lile Airport RLlway The information on this map was derived from dotal databases on Deschutes County's G.I.S. Care was taken in th. creation of this map, but it is provided "as is". Deschutes County cannot accept any responsibility for errors, omissions, or positional aearracy in the dgital data or the underlying records. There are no war entree, express cc implied, inducing the warranty of merchantability r fdness for a particuiarpurpose, accompanying this product. 1 owever, notikcatiort of any errors will be appreciated. P:\ArcGIS_Procts\Vacations Exhibit "A" Legal Description A parcel of land containing 1.02 acres, more or less, located in the Northwest One - Quarter of the Southwest One -Quarter (NW1/4 SW1/4) and the Southwest One -Quarter of the Northwest One -Quarter (SW1/4 NW 1/4) of Section 20, Township 17 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Commencing at the west One -Quarter corner of said Section 20; thence along the east - west center section line of said Section 20, North 89°57'45" East a distance of 30.00 feet to the true Point of Beginning, said beginning point also being a point on the east right- of-way line of the Powell Butte Highway; thence leaving said center section line, and along said right-of-way line North 00°00'43" East a distance of 20.00 feet to a point on the north right-of-way line of Nelson Road; thence along said north right-of-way line North 89°57'45" East a distance of 1109.37 feet; thence leaving said north right-of-way line 40.78 feet along a non -tangent curve to the left with a radius of 60.00 feet, the chord of which bears South 00°02'15" East a distance of 40.00 feet to a point on the south right- of-way line of Nelson Road; thence along said south right-of-way line South 89°57'45" West a distance of 1109.40 feet to a point on said east right-of-way line of the Powell Butte Highway; thence along said east right-of-way line North 00°00'50" East a distance of 20.00 feet to the true Point of Beginning, the terminus of this description. Subject to: All easements, restrictions and apparent on the land. See attached map titled "EXHIBIT A-1" and right-of-ways of record and those common hereby incorporated by reference. REGISTERED PROFESSIONAL LAND SURVEYOR February 6, 2006 S;\L.and Projects \CO1360617\does \parcel 8.doc OREGON JULY 17, 1986 PETER A MANLEY 2214 RENEWAL DATE! 12/31/06 EXHIBIT A-1 LOCATED IN THE NW1/4 OF THE SW1/4 AND THE SW1/4 OF THE NW1/4 OF SECTION 20, TOWNSHIP 17 SOUTH, RANGE 13 EAST, W.M., DESCHUTES COUNTY, OREGON or11k L=40.78' R=60.00' 061 k T=21.21' P. 0.8. DELTA=38 5633" CHORD=500'02'15"E 40.00' N89:57'451- 1109.37' S89 57'45'W 1109.40' _____S PORTION OF NELSON ROAD TO 8E VACATED N89'57'45"! 30.00' W 1/4, SEC. 20, T,17S., R.13E., W.M. .4' .`ago 00 2 PREPARED BY: . HWK SURVE OR5,Es ERPLANMWS HICKMSAN; WILLIAMS & ASSOCIATES, INC 698 NW YORK DRIVE BEND, OREGON 97701 PHONE (541) 389-9151 REGISTERED PRDFESSIONAL AND SURVEYOR OREGON JULY 17, 1986 PETER A. MANLEY 14 RENEWAL DATE! 12/31/86 SCALE: 1..= 20C' COB60617 PARCEL &DWG