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HomeMy WebLinkAboutRes 030 - Initiate Vacation - Part 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.or 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 Resolution No. 2008-030, initiating the vacation of 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 alignment was retained but dead -ended in a cul-de-sac which left a portion of Nelson Road between the cul-de- iac 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. 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. 2008-030 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 A Resolution Initiating the Vacation of a portion of Nelson Road 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. 2008-030 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 Nelson Road, located 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 Nelson Road 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. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR ATTEST: TAMMY BANEY MELTON, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER PAGE 1 OF 1- RESOLUTION NO. 2008-030 Exhibit "A" Legal Description A parcel of Iand 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 (SW 1/4 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°5745" 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 Iine 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 right-of-ways of record and those common and apparent on the land. See attached map titled "EXHIBIT A-1" hereby incorporated by reference. ?-6-a' REGISTERED PROFESSIONAL LAND SURVEYOR February 6, 2006 S:\L,and Projects\COB606171docs\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 N89 57'45"E 30.00' W 1/4, SEC. 20, T.17S , R.13E., W.M. .4i p4pa ON • a Q PREPARED BY.• . IJ SURt& IVRS, ENGINEERS &PLANNERS I IC'EMAN, WILLIAMS & ASSOCIATES, INC 698 NW YORK DRlV$ SENA OREGON 97701 PHONE (541) 389--9351 0,14 N89'5745"E 1109.37' S8957'45"W 1109.40' PORTION OP' NELSON ROAD TO BE VACATED REGISTERED PROFESSIONAL AND SURVEYOR OREGON JULY 17, 1986 PETER A. MANLEY 2214 RENEWAL DATE1 12/31/06 L=40.78' R=60.00' T=21.21' DELTA=38 56'33" CHORD=S00 02'15"E 40.00' J SCALE: 1"•=200' C0B60617 PARCEL 8.O WG Portior pf Nelson Rd Vacepn a) O N o 10 as faa coco NELSON RD \\I////////l///////777/7l//7/ Bend Airport Begin Vacation End Vacation Locator Map Location of Vacation LFALFA MKT RD RC 20 I I 0 100 200 400 May 1, 2006 Deschutes County Road Department Map Created LL LLLT I LLLL ®J John Anderson, GIS Specialist Phone (541)322-7102 Email: johna@co.deschutes.or.us Address: 611505E 27t11 St Bend, OR 97702 I I I 600 800 Feet Legend Taxlots 1 Section Line Airport Runway The information on this map was derived frau digital c! dabases on Deschutes County's G.I.S. Care was taken in the creaion of this map, but it is prwided'as is". Deschutes County cant )t accept any responsibility for arras, omissions, or poditonal accunn_y in the digital data or the underlying records. There are no warrantiar, express a implied, inducing the warranty of merchantability or fit ass for a particular purpose, accompanying this produd. Howe.er, notification of any errors will be appreciated. P:\ArcGIS_Projects Vacations