AGENDA ITEM FOR ADMINISTRATIVE MEETING ( ) Discussion only ( X ) Action FROM (DEPT/ DIVISION): County Counsel

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1 AGENDA TEM FOR ADMNSTRATVE MEETNG ( ) Discussion only ( X ) Action FROM (DEPT/ DVSON): County Counsel SUBJECT: Road Vacation Medelez Trucking Background: The county received a petition to vacate a Public Road dedicated in Partition Plat No near Westland and Livestock Roads. The matter was referred to the Public Works Department of a report. The report has been prepared, and the recommendation is to proceed with the vacation. Since all of the adjoining property owners signed the petition, a public hearing on the petition is not required. f the Board agrees, the right of way can be vacated. Requested Action: Adopt Order No. RD ATTACHMENTS: Report; Proposed Order ************For nternal Use Only************ Checkoffs: ( ) Dept. Heard (copy) To be notified of Meeting: ( ) Human Resources (copy) Matt Kenny ( ) Fiscal ( X ) Legal (copy) Needed at Meeting: ( ) (Other - List:) ******************************************************* Scheduled for meeting on: February 6, 2019 Action taken: Follow-up: *******************************************************

2 UMATLLA COUNTY PUBLC WORKS DEPARTMENT ROAD VACATON REPORT PROPOSED VACATON OF UNNAMED RGHT-OF-WAY DEDCATED N PARTTON PLAT NO , LOCATED N THE SE ¼ OF THE SE ¼, SECTON 25, T4N, R27E, W.M., UMATLLA COUNTY, OREGON. February 6, 2019

3 DESCRPTON OF OWNERSHP Property proposed to be vacated consists of a 60-foot right-of-way approximately 460 feet in length. t was dedicated to, and accepted by Umatilla County on the face of Partition Plat No Medelez Trucking, LLC (petitioner) owns all land adjoining the proposed vacation and will regain ownership of the subject property should the vacation be granted. f vacated, ownership shall revert back to 4N2725 tax lot 800, also known as parcel 3 of said Partition Plat No , owned by Medelez Trucking. LLC (petitioner).

4 PROPERTY USES The property is not currently being used and consists of open space, mostly in its natural state; with exception to a gravel access point for the truck dealership crossing the property at right angles, near the east end (see photos). The adjoining property to the north is in operation as a truck and equipment dealership. Owners do not currently occupy the portion of the property proposed for vacation. The property has never been used as public right-of-way. ASSESSMENT OF PUBLC NTEREST The subject property has never been used for public access and utility purposes. Given the physical condition of the right-of-way it would be an expensive endeavor to improve to current road standards. With Westland Road to the west and N.W. Livestock Road to the east, there is no practical reason to retain this public right-of-way, especially under current zoning (light industrial). Vacation would benefit the public by returning 0.64 acres to the tax rolls and provide possibility for future expansion of truck dealership or future business development. n addition, the location of the subject property does not meet current ODOT setback requirements for access points from an interstate overpass. Umatilla County and ODOT have future transportation plans for this area, this property is not inclusive of those plans. Umatilla County Public Works finds this vacation to be in the public interest and recommends vacation of property as described on the petition. With that, a hearing is not required as 100% of adjoining owners signed the petition. SEE FOLLOWNG PAGES FOR PHOTOS

5 Standing near the east edge of Westland Road Looking east at unimproved public right-of-way E 60 PROPOSED FOR VACATON move Westland Road Right-of-Way Standing at the center of N.W. Livestock Road Looking west at unimproved public right-of-way 60 PROPOSED FOR VACATON W N.W. Livestock Road Right-of-Way

6 THE BOARD OF COMMSSONERS OF UMATLLA COUNTY STATE OF OREGON n the Matter of Vacation of ) a Public Road Dedicated in ) ORDER NO. RD Partition Plat No ) WHEREAS, pursuant to ORS , the Umatilla County Board of Commissioners received and accepted a petition from owners of 100 percent of the abutting property, to initiate proceedings to vacate a Public Road dedicated in Partition Plat No and located in the Southeast Quarter of the Southeast Quarter, Section 25, Township 4 North, Range 27, E.W.M., and WHEREAS, pursuant to ORS , the Board of Commissioners directed the Public Works Director to prepare and file a written report including a recommendation as to whether the vacation would be in the public interest, and WHEREAS, the Director of Public Works, after reviewing the proposed action, has recommended that the road be vacated, and WHEREAS, ORS allows a county governing body to vacate public property without holding a public hearing if the petition to vacate contains signatures of 100 percent of owners of property abutting a proposed vacation. NOW THEREFORE, the Board of Commissioners orders that: 1. The Public Road and right-of-way in its entirety, as dedicated in Partition Plat No , recorded on November 6, 2000 as nstrument No in Umatilla County Records and located in the Southeast Quarter of the Southeast Quarter, Section 25, Township 4 North, Range 27, E.W.M., is vacated, more particularly described as follows: Beginning at the Southeast corner of Parcel 2 of Partition Plat No , Records of Umatilla County, Oregon; thence South 90 00'00" West, feet to the easterly right-of-way line of the Oregon State Highway Department Meadow Valley nterchange; thence South ORDER NO. RD Page 1 of 2

7 20º25'03" East, along the easterly right-of-way of said Highway for a distance of feet; thence leaving said Highway right-of-way, North 90 00'00" East, feet to the westerly right-of-way line of County Road No. 1328; thence North 00 01'13" East, along the westerly right-of-way line of said County Road for a distance of feet to the Point of Beginning, containing 0.64 acres, more or less. 2. n accordance with ORS (2), the vacated property shall become part of Parcel 3, Partition Plat No , also known as Umatilla County Tax Lot 4N and ownership vest in Medelez Trucking, LLC. DATED this 6 th day of February, UMATLLA COUNTY BOARD OF COMMSSONERS William J. Elfering, Chair George L. Murdock, Commissioner John M. Shafer, Commissioner ATTEST: OFFCE OF COUNTY RECORDS Records Officer ORDER NO. RD Page 2 of 2

8 (We), Medelez Trucking, LLC, petition the Board of County Commissioners of Umatilla County, Oregon to vacate the unnamed foot public road right-of-way, also known as "new right-ofway' as shown and dedicated on Partition Plat No , Records of Umatilla County, Oregon, more particularly described as follows: Beginning at the Southeast corner of Parcel2 of Partition Plat No , Records of Umatilla County, Oregon; thence South 90 00'00" West, feet to the easterly right-of-way line of the Oregon State Highway Department Meadow Valley nterchange; thence South 20<l25'03" East, along the easterly rightof-way of said Highway for a distance of feet; thence leaving said Highway right-of-way, North 90 00'00" East, feet to the westerly right-of-way line of County Road No. 1328; thence North '13" East, along the westerly right-of-way line of said County Road for a distance of feet to the Point of Beginning, containing 0.64 acres, more or less. (See attached for additional drawing) Petitioners are the owners, as shown in the records of Umatilla County, of property abutting the property proposed to be vacated, {and petitioners are the only persons or corporations particularly affected by the proposed vacation of the property). ll No portion of the property proposed to be vacated is situated within the corporate limits of any city. V The particular circumstances that justify granting a vacation of the described property are: (attach extra page if necessary) HOW PROPERTY S USED: T_R_u_c_K_&_E_Q_U P_M_EN_T_D_EA L_E_R_S_H P CONDTON OF PROPERTY: E_x_c_EL_L_E_N_T REASON FOR VACATON: T_O_R_E_M_O_VE T_H_E_6_0_F_o_o_T_P_UB_L c_r_g_h_t_o_f_w_a_y EASEMENT (SEE PARTTON PLAT NO RECORDS OF UMATLLA CO. ) AND TO ADD AN ADDTONAL ENTRANCE ON THE EAST SDE OF THE PROPERTY, LOCATED ON NW LVESTOCK ROAD, DRECTLY AT THE CURRENT EASEMENT, N ORDER TO FULLY UTLZE THE PROPERTY v We, the following petitioners hereby request that the Board of county Commissioners consider this petition for vacation of public property and that an order be entered vacating the property more particularly described above. Dated this 27 day of ~ b CU", 20 JL.

9 PETTONERS NAME: ~ ~ ADDRESS: -=~~~~ ~ o-r_9_7_a_3_a NAME: J_o_s_E_M_E_D_E_L_E_z_s_R ADDRESS: 3~0-S2_2 0_L_DF E_LD s_t_,~h-e_rm~-st_o_n_, o_r_9_7_b_3_a SGNATURE: ' JJ rd 1, yyj 7 ~~ ~(1 DATE:. ~ ~ :[- 9 l - \X"" NAME: ADDRESS: SGNATURE: DATE: NAME: ADDRESS: SGNATURE: DATE: NAME: ADDRESS: SGNATURE: DATE: NAME: ADDRESS: SGNATURE: DATE: NAME: ADDRESS: SGNATURE: DATE:

10 Names and addresses of all persons holding any recorded interest in and/or owning any real property abutting the road proposed to be vacated, and all persons owning any improvements constructed on the property proposed to be vacated: Map & Tax Lot: _~_N_Z._1_Z_~_OO - _o_o O_O Name: Mmf. L Z.. Ttvd~-1 ~(A L L L Address: 3o5z..;z.. OLbf.\E-Lb ~. \!E.Jt.M.l57'DN 1 0~ ('tz e38 - (,'2..5 g Map& Tax Lot: 4~ 2.7 'Z.~ 00- oosoo Name: M E.[)ELE'l.. 'T'12PCX,.\\JC, LL.L Address: 3o S Z. 1.. o~ ~~ E-U) $1... 1\feM\sTO.N t o e. G!i ~ 3a - fj Z5 3 Map & Tax Lot: Name: Address: Map & Tax Lot: Name: Address: Map & Tax Lot: Name: Address: Map & Tax Lot: Name: Address:

11 , 11 Certification, On this u_jday of Dt_u. 2o lf, before me, the undersigned, fseat ±n O"'ed ~e "2.:JQ_ personally appeared, known to me to be the identical individual described in and who executed the same freely and voluntarily. N TESTMONY WHEREOF, have hereunto set my hand and affixed my official seal the day and year last written above. STATE OF ORDGON COUNTY OF Veg(J'() ) ss ) My Commission OFFCAL STAMP EUDA GUT1ERREZ NOTARY PliiiJC.. OREGON COMMSON NO DP1E1 APRil24,Dt Certification On this d-7 day of ~ 2o.Ji:... before me, the undersigned, :To&e. }Y)-ed-e1e,z S~ personally appeared, known to me to be the identical individual described in and who executed the same freely and voluntarily. N TESTMONY WHEREOF, have hereunto set my hand and affixed my official seal the day and year last written above. STATE OF OR~~ON COUNTY OF {)('f'8cj'r'- )ss ) OFFCAL STAMP EUDA GUTERREZ NOTARY PUBliC. OREOON COMMSSON NO MrCMHOH EXPRE8 APRL fa. 2GZi Certification r}u. On this ;J 'J day of~. 20 Jf. before me, the undersigned, _ h!be-vh [OfJfiJ2- f:;{2_ personally appeared, known to me to be the identical individual described in and who executed the same freely and voluntarily. N TESTMONY WHEREOF, have hereunto set my hand and affixed my day and year last written above. STATE OF Of?\y/1 1 ~ COUNTY OF..().r.eo-Ul ) )ss OFFCtA. STAMP ELDA GUTERREZ NOTARY PU8UC. OREGON COMMSSON NO APR.af.Dt

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