HomeMy WebLinkAboutOrder 017 - Vacate Part of 17th St - TerrebonneDeschutes 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 April 8,2015
Please see directions/or completing this document on the next page.
DATE: March 31,2015
FROM: George Kolb Road Department 322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2015-017, Vacating a portion of 17th Street Between F
Avenue and E Avenue Located in Terrebonne, Oregon,
PUBLIC HEARING ON THIS DATE? NO. This is a 100% vacation and no public hearing is
required per ORS 368.351.
BACKGROUND AND POLICY IMPLICATIONS:
The Road Department was contacted by Linda Abbas who is representing property owners Raymond
and Sharon Struck concerning the vacation of a portion of 17th Street between F Avenue and E A venue
in Terrebonne, Oregon. This section of 17th Street is bordered on both sides by property owned by the
Strucks. Staff made a field trip out to the site and found there are no roadway improvements or utilities
located in this right-of-way and it appears it has never been open to traffic.
The sections of 17th Street north ofF Avenue have already been vacated. The section of 17th Street
from F Ave. to G Ave. was vacated in 1988 and the remainder of 17th Street from G Avenue to the
north boundary of Hillman Subdivision was vacated in 1977. Since there is no reason for constructing
a road in this right-of-way, the applicants would like to vacate the right-of-way to allow them better
utilize their property. Signature of Order No. 2015-017 will finalize the vacation ofthe right-of-way
FISCAL IMPLICATIONS:
None. All fees for this vacation process have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Order No. 2015-017
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
I----F-AVE-----+_________.....
J-=[ E-AVE---~
~
~
J-=
C(.)
:c
I
1.0
~
CROOK
~~__~~~~~~~______~____-J
Vacation of a Portion of 17th Street
Portion to be
Vacated
Printed: March 11. 2015
The inlbrmalion on this map_ derived from dgjlal dlAabases ...
OesdJutes County's G.I.S. C ........s taken In the creaIi... oflhis
map. but it is pn:Mded "as Is". Desd!ul8s County C31nat accept any
responsibility for IIROI!II, ami_OIlS. or posiIi_1 aceuracy n the cIgbI
data or the u~records. Then! are no warranties. aq:nss ..
implied. InclUding the w.....nty 01 mIN'd'Iantabilily ex fitness ti:r.
partk:ular PUIJlO$G. accompanying this p-odict. Howewr. noIiIicaIion
or arry errors wi. be apprecialad.
Legend
-+-Railroad E22J Vacation
-State Highway Taxlots
--Road Centerlines
•."""• GIS
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating a Portion of 1th Street *
Between F Avenue and E Avenue located in
Terrebonne, Oregon,
*
* ORDER NO. 2015-017
*
WHEREAS, proceedings for vacating a portion of 17th Street Between F Avenue and E
Avenue located in Terrebonne, 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. 2015-017
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 in the owners
of the land abutting the vacated property by extension of the person's abutting property
boundaries to the center of the vacated property, in accordance with ORS 368.366(1) (d).
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 ___ of ____, 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ArrEST:
Recording Secretary TAMMY BANEY, Commissioner
Page 2 of2 -ORDER NO. 2015-017
Exhibit A
Page 1 of 2
TO: THE DESCHUTES COUN1Y BOARD OF COMMlaalONERS
We. the ........Igned (holding I'IIGOfded ,.,..,.. or ebUltlng the propoeed property or awning
IrrIprcMrnenbI conttrucIiId on the propoMd propIIIty for vecdon), ~,....the following
dIIcrIIed "*be vacalId.
Dllcrtptionoft'MdtobevecMld: Ltd ~,d \ddt4«K''!:'dYG
tUtti "e'dr~ ~~.L,I
~In \~L.. .DelchutHCGunty.
ReMon for rOIId WICItIon reqIMM: «1fId &v ,Hd: lNid
IMTED ...Ii!!:day of",",,/J)oo~·~_r1.(....__--'. 20..6.1:
PRINT NAME _ 8~NATURE ADDRES8 CITY STATE ZIP
i'&'l!\Q!"A .5 D3'lc-l)...;:...~~~~ r.:5 72 I.(~~t 1'irr rpl' ~~ , )1 'i 7?;;; :,)
I ,
~'->1H\ fa NS7lllC( Sst.., IIAlt SZ. 7i"M'.6 QIY" oe 9'l?/,()
l1\N1£'7 LfW/~ ~(', /:'J. keep f&\JJ! c£ 97706
STATE OF OREGON )
) II.
County of L)~ha..... ~ )
No P c for O~on.
My Commllllon _pi,..: I JIf" I j 3=
Page 1 of 2
Exhibit A ' Page 2 of2
~. ..:AI,\ . ,ria: COOK
, :o>OREGON
STATE OF OREGON . W. A4G.."987
L'County of 1?6'5C-HlrrE.:J ~ II. "_."" ~:~~'?I'EfU4. 2015
On thl. cr"day of 1!A-UH ,In the y.ar 2O~before me, a NotIfY Public, personally appeared
;jjiiiit ES , Lii4"l peraonally known to me (or proved to
me on the ball. of latilfactory evIdInce) to be the penon(.) whole name(.) IICaAt) lubacrlbed to thll
InatnJment. and acknowledged that he (she. they) executed It.
WITNESS my hand and official ...1
'A::)t#I'M~ ,.;4~ ("",t-
NcQry Public for Oregon.
My CommlMlon expIntI: /0 -;; </ -/!J
STATE OF OREGON )
) II
County of Pc> c tt-<-< t ~> )
On thII....:L day of •In the YHr 20_. before me, a Not.)' Public, pereonilly appeared
pel'lONlHy known to me (or prayed to me--on-the::--':""ba-"":"".-of-:-.-at~.-:8ct'"""":"'[O-ry-evfden--=-:--C8-):-:t~o":""be-theO:-:---perIOn---=-(.-=-)whoM-:--name(l) .(....) lubtcrlbed to thla
Inltrument. and acknowledged that he (I., they) execut.d It.
WITNESS my hand and officl81 ...1
NotIIry Public for Orwgon.
My CommlHion .xpi..... : ______
\
J STATE OF OREGON )
)County of _____ ) ...
On thll_dllY of • In the yor 20_. before me, a Notary Public. partOnally IppMred
pereonally known to me (or pnMd to -me-on"""!the~b~.."""!"~of:-IIItII-::--:-fl"""!ctory~-evld-:"":'".-nce--:-)to~be~the-pet-reo-n(-=-'':"")whOIe~-name(') IIC."') IUbacrIbed to thll
inltrument••nd lICknowledged that he (she, they) executed It.
WITNESS my hand and offtclal ...,
Notary Public for Oregon.
My Commll.1on e)(pl,..: ______
I CERTIFY THAT THIIIS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRIE88
TELEPHONE: ________
Page 1012
Road Department
61150 SE 27th St .• Bend, Oregon 97702
(541) 388-6581· FAX (541) 388-2719
Exhibit B
Page lof3
ENGINEER'S REPORT
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: March 31,2015
SUBJECT: Vacation of a portion of a portion of 17 th Street between F Avenue and E Avenue in
Terrebonne, Oregon
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 Road Department was contacted by Linda Abbas who is representing property owners Raymond and
Sharon Struck concerning the vacation of a portion of 17th Street between F Avenue and E Avenue in
Terrebonne, Oregon. This section of 17th Street is bordered on both sides by property owned by the
Strucks. Staff made a field trip out to the site and found there are no roadway improvements or utilities
located in this right-of-way and it appears it has never been open to traffic. The sections of 17th Street
north of F Avenue have already been vacated. The section of 17 th Street from F Ave. to G Ave. was
vacated in 1988 and the remainder of 17th Street from G Avenue to the north boundary of Hillman
Subdivision was vacated in 1977. Since there is no reason for constructing a road in this right-of-way, the
applicants would like to vacate the right-of-way to allow them better utilize their property.
Exhibit B
Page 2 of3
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:
Bend Broadband: No Response
Cascade Natural Gas: No Response
Central Electric Co-op: No Response
Central Oregon Irrigation District: No Response
Pacific Power: No Response
PGT: No Response
CenturyLink: Response dated March 19, 2015 from Debbie Isenstein, CenturyLink Right of Way Agent;
"In response to your vacation notification, I have review the area with our engineer and
determined that CenturyLink does not have facilities in place. Therefore, We have no
objection to the vacation as proposed. "
Terrebonne Domestic Water District: No Response
Redmond Fire Department: Response dated March 24,2015 from Clara Butler, Deputy Fire Marshall,
"The following access requirements shall be met anytime a property is developed. If the
property along 11h St., Terrebonne is developed at a later date and 11h St. is not
maintained the following requirements may not be met." See attached Exhibit 1 for the
remainder of the memo. Both lots that are created by this vacation will have public right
of way access onto F A venue on the north boundary and E A venue on the south boundary
so all access requirements are met. I did discuss the vacation with Clara Butler and after
the phone converstion, she sent an e-mail stating, "After speaking with you, the fire
department is ok with the vacation of11k St. in Terrebonne. "
Deschutes County Community Development Department: Response dated March 17,2015 from Paul
Blikstad, "It doesn't appear to be needed for street connections in Terrebonne. Recommend approval. "
Deschutes County Property Management Department: No Response
Deschutes County Legal Department: No Response
Exhibit B
Page 3 of3
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road
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 portion of right-of-way being vacated is no longer needed for public roadway purposes
3. No utility easement will be required.
4. The vacation will allow the applicants to better utilize 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. The Road
Department recommends that the Board approve the vacation of the parcels as described in the attached
Order No. 2015-017 subject to the following conditions:
1. The vacated property shall vest according to Section 4, Order no. 2015-017
2. No opposition to this vacation is received by the Road Department or Board of County
Commissioners prior to signature of Order No. 2015-017.
Exhibit 1
Page 1 of 3
PRELIMINARY VACATION NOTICE
TO: ALL UTILITIES AND MUNICIPALI1"IES
FROM: DESCHUTES COUNTY ENGINEER
SUBJECT: VACATION OF A PORTION OF 17TH STReeT BETWEEN F
AVENUE AND E AVENUE IN TERREBONNE. OR.
Deschutes County has received a Petition to Vacate the property described in
Exhibit nAil, attached hereto.
NOls;
In ,contra,st to the County's past policy, a utility easement will ru;d be reserved on
vacated pu~lIc road right-of-way parcels a utility company proVrcfes evidence of an
existing facility, or there is a s~c:ific request frOm a Utinty company to retain an
easement for a planned future facility.
If you currently have any facilities located on this property, have a possible future
Interest In this property. or wish to comment on the proposed vacation, please
complete this form and RETURN TO: The Road Department, Attn: Sheila Odie,
611,60 SE 27th Street, Bend, Oregon 97702, within fourteen (14) days. PAX
NUMBER: (541) 388·2719
DATED this 12TH DAY OF MARCH, 2015.
; ;
Redmond Fire Department
341 NW Dogwood Aile
Redmond, OR 97756 REDMOND
, .RF. & RESCUE
MAR l' 2015
Exhibit 1
Page 2 of 3
Redmond Fire & R••cue
City of Redmond
341 NW Dogwood Ave
Redmond, OR 97756
541-604-500D
Fax: 541-548-5512
'I(WW,redmondfireandrescue.org
Redmond Fire and Rescue Residential Comments
Date: March 24. 2015
Location: 'F" Ave and 17Lh St. Terrebonne
Subject: Vacatioll a petti.on of 171h St between F Ave and EAve
From: Clara .Buder. Deputy Fire Marshal
If there are q~stions regarding Fire Code issues, please cootucllhc Redmond Fire and Rescue Deputy
Fire Marshal at 54]-504-5016 or email at clara.butler@redmondtlreandrescue.org.
The following access requirements shall be meet anytime a property is developed. Ifthe property along
17th St, Terrebonne, is developed at a later date and 17th St is not maintained the following requirements
may not bo meet.
ACCESS:
• Premises IdeDtification -2014 OFC 505.1
o Approved numbers or addresses shall be placed on all new and -existing buildings in such a
position as to be plainly visible and legiblo from the street fronting the property. Said
numbers shaJJ contrast with their background and visible at n.iabt Number/letter shall be a
mlnimum of 4" high and a .5 "stroke width.
• Required AcceH -2014 OFe ~.1
o Exterior doors and openings shall be made read.ily accessible for emergency access by the
fire d~ent. An approved access walkway Jeading from tire apparatus access roads to
exterior openings shnll be provided.
• Fire Apparatus A~esa Roath; -2014 QFC Section 503 fit. AppeDdi~ D .
o Fire apparatus access roads sbaD estelld to within 150 It of aU portioas of the bulldiDl ~
measured by an approved route around the exterior 01 tho buildina.
o :Fire apparatus access ,roads shall have an UJlobstructed width of not less thaD 20 toot and an
unobstruct;ed vertical clearance of not Jess than 13 feet 6 inches.
o Fire apparatus r~:;hall be designed and maintained to support the imposed loads of 70,000
lbs and shall be 'surfaced SO as to provide all-weather drivina capabilities.
o The required tum.iDg raciius of a fire ~pparatus access road shall be 30 feet inside and ~O
feet outside.
o The grade of the f~apparatus access roads shall be within the Umim established by the :fire
code official (1()Q/o).
• Fire Lanes -101.4 OFC 503.3 & Appendix D
o Approved signs or -otb.er approved notices shall be provided for fire apparatus acccss roads to
identify s~roada or prohibit the obstruction thereof. Such signs or. notices shall be kept in
legible condltians at alJ times. The strOke sball be 1 inch with leners 6 inches hlgh and read
"No Parking Fire Lane". Spacing for signage shall be every SO fect.
312412015
Redmond Fire & R••c:ueExhibit 1 City of Redmond
Page 3 of 3 341 NW Dogwood Avo
Redmond. OR 97756
541-504-5POO
Fax; 541-548..5512
www.redmondfireand,rescue.org
• Recommended to also (in additio.n to Fire lane signs) paint fire .lane curbs in bright
red paint with white letters.
o Appendix D Section l03.6 • .1. Roads 20-26 ·Fr. Wide: Sball have Fire Lane signs posted PD
both sides of a tire lane.
o Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft wi~e shall
have a Fire Lane sians JIOsted on one side of the road as a fire lane.
• Aeriad Access Roads -201.4 OFC Appendix D, SectiOD 0105
o Buildings or portions of buildings or facilities exceeding 30 feet In height abpve the lowe~t
level of fire department vehicle access sball be provided with8;P.Proved fire apparatus access
ronds and capable of accommodating rue department aerial ~pparntus. Overhead utiJity and
power lines shall not be located within the aerial fire apparatus access roadways.
o Acces:i roads sball hove a minimum unobstructed width 01"26 teet in the imme<Jiate vicinity
ofany QuiJding or portion of 8 building more than 30 teet in height. .
o At least one of the required access routes meeting above requirement shall be located within
a minimum of 1S feet und B maximum of 30 teet trom the building and shall be positioned
pmullel to one entire side oftho building.
• Dcad-EDds -2014 OFe 503.2.5
o Dead ..end 't1re apparatus access roads in exoess of I SO feet in Jengtb shall be provided with an
. approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for
requirements.
• D 103.4 Table: Length of Dead end: greater than 500 tl sbalJ meet the ~ound
requirements and the width of the road shall :be a minimum of26 ft clear tor tire
apparatus.
• Additional Access -2014 OFC 503.1.2
o The fire code official is authorized to require more than one fire apparatus access road based
on the potential for impainnent of a sins~e road by vehicle congestion, conditions or terrai~
climatic conditions OT other factors that could limi.t access.
• Emergency Access Road Gates -2014 OFe Appendlx.D 1.03.5
o Minimum 20 feet wide.
o Gales shall be swingl.ng or sliding type.
o Shall be able. to be manually operated by une person.
o Electric gates shall be equipped with a means of opening by emergency personnel &.
approved by fire official.
o Locking devices shall be tire depathnent padlocks purchased from A-I Lock, Safe Co.,
Curtis Snfc and Lock, on Jinc at www.k,gOxbox.£2m.or contact Redmond Fire & Rescue for
an order form,
o Section 503.3: Install a sign on the gate "Emergency Access"
31241201S 2
Exhibit C
Page 1 of 1
PROPOSED VACATION OF A PORTION OF 17TH STREEG
LOCATED IN "HILLMAN", ASSESSOR'S MAP NO. 14 13 16DA,
DESCHUTES COUNTYJ OREGON
~
~
U)
~ to
F AVENUE
BLOCK 150
PROPOSED
VACAnON
E AVENUE SCALE:
1" = 100 '
REGISTERED
PROFESSIONAL
LAND SURVEYOR
PREPARED MARCH ~ 2015
POVEY fWD ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, DR 97756
(541) 548-6778
DESCRIPTION
A PORTION OF 17TH STREET, PLAT OF "HILLMAN".
BOUNDED ON THE NORTH BY THE SOUTH LINE OF
F AVENUE, BOUNDED ON THE fAST BY THE WEST
UNE OF BLOCK 157, "HILLMAN", AND BY THE WEST
LINE OF THE "DEPOT AND SIDE TRACK GROUNDS Of
THE OREGON TRUNK RAILWAY, HILLMAN", BOUNDED
ON THE SOUTH BY THE NORTH UNf OF E AVENUE,
AND BOUNDED ON THE WEST BY THE EAST UNE OF
BLOCK 150J "HILLMAN",
THE SAME CONTAINING 0.53 ACRES, MORE OR LESS.
REF 1S-028/1S-006D.DWG