2001-112-Order No. 2001-020 Recorded 3/14/2001VOL: CJ2001 PAGE: 112
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-112 * Vol -Page Printed: 03/15/2001 14:49:00
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
NUMBER OF PAGES:
Mar. 14, 2001; 3:25 p.m.
Order (CJ)
W
Lv�o,, 0,-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
"EY N HED
SIA 200 f
IAICk . I ED
h
MAR 9 2001
G�.1�0�1•1i.2
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Order accepting and approving the County Road Official's P°f, 2
Report on the vacation of a portion of the public Right-of-way 14
of Ferguson Road, located through the Central Electric �=fir"N 3I L <<�Li41'i",- LL 'o
Cooperative property, Deschutes County , Oregon, setting a COUNTY CtEIR i
date for a public hearing, and providing for public notice of
said hearing.
ORDER NO. 2001 — 020
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, initiated the
vacation by Resolution Number 2001-011 dated on March 14, 2001; and
WHEREAS, at the request of the Board of County Commissioners of Deschutes County, Oregon,
the County Road Official has submitted a report on the proposed vacation pursuant to ORS 368.346; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS
as follows:
Section 1. That the report relating to the vacation of a certain dedicated public road known as a
portion of the public Right-of-way of Ferguson Road, located through the Central Electric Cooperative
property, Exhibit "A", attached hereto and by this reference incorporated herein, is hereby accepted and
hereby approved.
Section 2. That on Wednesday, April 25, 2001, at 10:00 a.m. at the Deschutes County, Deschutes
County Commissioner's Hearings Room, Administration Building, 1130 NW Harriman, Bend, Oregon
97701, the Board will hold a hearing to determine whether vacation of the subject property, described in
Exhibit "B", attached hereto and by this reference incorporated herein, is in the public interest.
Section 3. Notice of said hearing shall be provided by posting and publication in a form that
substantially conforms with Exhibit "C", attached hereto and by this reference incorporated herein,
pursuant to ORS 368.34,6(3) and 368.401 to 368.426.
DATED this � d y of2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUN11Y, OREGON
TOM DEVy LF, CHAIR
ATTEST:
IS R. LUKE, 00MMISSIONER
Recording Secretary
MMISSIONER
1 - ORDER NO. 2001-020
F
ES
2 Exhibit "A"
Page 1 of 10
MEMORANDUM
TO: Board of County Commissioners
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
FROM: Dick Johnson, Management Analyst, Deschutes County Road Department
DATE: February 16, 2001
SUBJECT: Engineers Report — vacation of a portion of the Right-of-way of Ferguson
Road through the Central Electric Co-op property located on the east side of SE 27th
Street just outside southeast Bend.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation
of public road right-of-way.
Background:
Deschutes County has received a petition (attached as "Exhibit 1") from the Central
Electric Co-op requesting the vacation of a public road right-of-way. The requested
vacation is for a portion of Ferguson Road located east of SE 27th Street between the
Knott Landfill on the south and the Deschutes County Road Department Compound on
the north. The legal description of the proposed road right-of-way to be vacated is
attached as "Exhibit 2". A map showing the location and property ownership pattern is
attached as "Exhibit 3". A vicinity map of the area showing the area in relationship to the
community is attached as "Exhibit 4".
The Deschutes County Road Department has worked with Central Electric Co-op on a
site plan for their new facility planned on the property located immediately south of the
Road Department compound. One of the issues is the relocation of the existing road
running through their property that allows access for our trucks to the Road Department
compound from SE 27th Street and Knott Landfill located south of the Central Electric
Co-op property. The road is currently located within the right-of-way of Ferguson Road.
Deschutes County has worked with Central Electric to come up with a plan to relocate
the road and vacate the right-of-way of Ferguson Road. Central Electric has agreed to
relocate the road and provide an easement if necessary at no cost to the County.
The Central Electric Co-op owns the abutting property on the west and east sides of the
right-of-way proposed for vacation. The petitioner is requesting the vacation because the
Quality Services Performed with Pride
Exhibit "A"
Page 2 of 10
right-of-way is needed for the expansion of their facilities including their offices. The
right-of-way bisects the Central Electric Co-op site and makes their planned expansion
difficult to execute.
Discussion:
The proposed vacation lies just outside the city limit and Urban Growth Boundary of the
City of Bend. The section of Ferguson Road proposed for vacation was established as
John Ferguson Road on November 5, 1908 in Crook County. The property adjoining the
right-of-way proposed for vacation is zoned Exclusive Farm Use,
Tumalo/Redmond/Bend (EFUTRB). The Central Electric Co-op building complex
occupies the land to the west; the Deschutes County Road Department complex within
the City of Bend occupies the land to the north. The portion of Ferguson Road through
the county property is not being vacated now but will be proposed for vacation in the
future through the City of Bend. The land to the east is currently vacant but will be used
for the expansion of the Central Electric Co-op facilities after this portion of Ferguson
Road is vacated. The land to the south is occupied by SE 27th Street at a point where it
changes its north -south alignment to a northwesterly direction becoming the westerly
edge of the Central Electric Co-op property at no cost to the Road Department.
This section of Ferguson Road is only improved at a rudimentary level, having a cinder
surface and being used by the Deschutes County Road Department to move heavy trucks
and equipment between the Road Department complex on the north to the Knott Landfill
to the south. The use of this section of Ferguson Road as a heavy equipment haul road
has allowed the county to transport equipment without disrupting traffic on SE 27th Street
between the landfill and county shops at the Road Department Compound., The haul road
function of the section of Ferguson Road being vacated will be moved to a new haul road
to be constructed along the eastern edge of the Central Electric Co-op property.
The petitioner represents all of the private properties abutting the section of Ferguson
Road proposed in this vacation.
There do not appear to be any utilities located within the section of Ferguson Road
proposed for vacation and thus a utility easement will not need to be retained where the
road right-of-way now exists.
The Road Department mailed preliminary notices of the proposed vacation to utilities and
agencies having a potential interest in this proposed vacation. Their responses are as
follows:
Bend Cable Communications: No response.
Avion Water Co., Inc.: No response.
Central Electric Cooperative: No response.
Exhibit "A"
Page 3 of 10
US West Communications: No response.
Bend Fire Department; Mike Skeels, Inspector with the Department responded: "The
Bend Fire Dept. has no objections to the proposed vacation of the right-of-way on
Ferguson Rd."
Deschutes County Community Development Department: Paul Blikstad responded:
"Looks good to me. A replacement dedication has been discussed."
Findings:
Based on preliminary responses, and the Department's research of the proposed vacation,
the Road Department makes the following findings:
1. The road right-of-way proposed for vacation was established on November 5, 1908.
2. It appears that the vacation process is adequate for the proposed vacation and that, a
land use process is not necessary to effect the vacation of this dedicated right-of-way.
The vacation process requires adequate findings, notice and a hearing per ORS
Chapter 368. Furthermore, ORS Chapters 92 and 368 both seem to anticipate that the
vacation process will be used to change the configuration of platted property.
3. This portion of Ferguson Road is classified as a rural local street. The portion of
Ferguson Road being proposed for vacation has been improved minimally to have a
cinder surface for use as a heavy equipment haul road between the Knott Landfill and
the county shops. The road right-of-way's current function as a haul road will be
assumed by a road easement to be located to the east along the eastern edge of the
Central Electric Cooperative site.
4. The right-of-way to be vacated is needed for the expansion of the offices and related
activities of the Central Electric Cooperative.
5. We have not found any land use or transportation plan that addresses the need for this
section of right-of-way to be a street.
6. The vacation of this right-of-way eliminates any future possibility of the difficult
intersection of SE 27th Street and Ferguson Road coming together at awkward angles
ever being constructed.
7. Utilities do not exist in the right-of-way to be vacated; thus no utility easement must
be maintained within the area being vacated.
Surrounding zoning: The land to the west, north and east from this section of
Ferguson Road is zoned Exclusive Farm Use Tumalo/Redmond/Bend. The land to
the south is zoned SM Surface Mining and is occupied by the Knott Landfill operated
by Deschutes County.
Exhibit "A"
Page 4 of 10
9. This section of Ferguson Road does provide direct access for heavy equipment
between the Knott Landfill and the Deschutes County Road Department compound.
This function will be taken over by a roadway in an access easement to be located
along the eastern edge of the Central Electric Cooperative site.
10. The vacation of this portion of Ferguson Road will not leave any property without
access or frontage on a public road as the Central Electric Cooperative property; the
Knott Landfill and the Deschutes County Road Department Complex all have
frontage on and access to SE 27`" Street.
11. Per ORS 368.366, vacated property shall vest in the owner of the land abutting the
vacated property by extension of the person's abutting property boundaries to the
center of the vacated property. Thus, the vacated portion of Ferguson Road shall vest
with the Central Electric Cooperative.
Recommendation:
The County has maintained a policy of not vacating land that would leave any parcel
without legal frontage on a public road. The vacation of this portion of Ferguson Road
would not leave any land parcels without legal frontage on a public road.
If following the public hearing, the Board approves the vacation, the Road Department
recommends that the following conditions be incorporated in the decision:
1. The vacated property shall vest with the abutting property owner in accordance with
ORS 368.366.
2. A memorandum of understanding between Deschutes County and the Central Electric
Co-op concerning the road relocation and access easement will be signed and
recorded before the final vacation order is signed by the Board of Commissioners.
Exhibit "A"
Page 5 of 10
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: Ferguson Road right-of-way on Tax Map 18-
12-14, Lot 102 — Central Electric Cooperative, Inc. compound. (See attached map, legal
description and photographs).
Located in: Deschutes County, Oregon.
Reason for road vacation request: The right-of-way to be vacated bisects the
middle of Central Electric Cooperative's property. This section of right-of-way has been
used solely by Deschutes County Public Works and Central Electric Cooperative for many
years. With the development of 27th Street, this section of Ferguson Road has been
redundant and unnecessary for general public use.
Page 1 PETITION FOR VACATION OF A PUBLIC ROAD
5.173\0006pet.b1c
Exhibit "1"
Page 1 of 3
Exhibit "X
Page 6 of 10
Central Electric Cooperative is working on a proposed office/warehouse expansion
on Tax Lot 181214-102. The expanded facilities would occupy a portion of the area to be
vacated. Deschutes County and Central Electric Cooperative have agreed on an
alternative access road for their respective properties. (See attached Memorandum of
Understanding.)
Deschutes County has submitted (to the City of Bend) a similar Application for
Petition for Vacation of Public Rights of Way to vacate that portion of Ferguson Road that
runs through the Deschutes County Public Works compound.
The Ferguson Road right-of-way in question does not appear to be beneficial to
Deschutes County or the general public for transportation purposes. It would be beneficial
to Deschutes County and Central Electric Cooperative to have the right-of-way removed
from the Central Electric Cooperative property.
(City of Bend Development Services advises it is unnecessary for them to sign this
Petition - see attached letter to City of Bend, Development Services.)
Dated this d( EV' day of January, 2001.
Page 2 PETITION FOR VACATION OF A PUBLIC ROAD
5.173\0006pet.bic
Exhibit "1"
Page 2 of 3
Exhibit "A"
Page 7 of 10
Printed Name Signature
Al Gonzalez
President and CEO of
Central Electric Cooperative, Inc.
Tom Blust '
Road Department Director
Deschutes County
STATE OF OREGON )
)SS.
County of Deschutes )
Address
PO Box 846
Redmond, Oregon 97756
1130 NW Harriman Street
Bend, Oregon 97702
On this = day of January, in the year 2001, before me, a Notary Public, personally
appeared AL GONZALEZ personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to this instrument, and
acknowledge that he executed it.
STATE OF OREGON
)SS.
County of Deschutes )
WITNESS my hand and official seal
Notary Public f r Oregon
My Commission Expires: (0 1-7 /02,
� �%P•�[Ctt�
On this day of �, in the year 2001, before me, a Notary Public, personally
appeared TOM BLUST personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to this instrument, and
acknowledge that he executed it.
T OFFICIAL SEAL
WAN�A CALLAHAN
-NOTARY I�UI LIC•OREGON
MMISSION NO 307266
ISSION EXPIRES JAN.20, 2002
WITNESS ray hand and official seal
14 7
Notary Public for Oregon
My Commission Expires:
Page 3 PETITION FOR VACATION OF A PUBLIC ROAD
Exhibit "1"
Page 3 of 3
5.173\0006pet. blc
• 9
DAVID EVANS AND ASSOCIATES,
7o9 NW Wall Street,
Suite 102
Exhibit "2" Bend, Oregon 97701
Tel: 541.389.7614
Fax: 541.389.7623
Vacation of a Portion of the 1908 John Ferguson Roar!
A portion of the 1908 John Ferguson Road as established on November 5, 1908 in Crook
County Commissioner's Journal Book 4 Page 268 lying within the NW 1/4 of Section 14,
Township 18 South, Range 12 East, W.M., Deschutes County, Oregon, and being more
particularly described as follows:
All that portion of said 1908 John Ferguson Road lying within the boundary of that
parcel of land conveyed to Central Electric Cooperative, Inc., by Deschutes
County in that Correction Bargain and Sale Deed recorded on February 2, 2001
in Volume 2001, Page 5176 of the Official Records of Deschutes County,
Oregon.
REGISTERED
PROFESSIONAL'
LAND SURVEYOR
fi�v� 6�,�ku
OREGON
JULY 26' 1989
JAMES D. PERRY
2407
February 6, 2001
0:\CECX0004\ferg Cme.doc
• • Quality
l(s" 71
GLOBAL DESIGN ALLIANCE
• Exhibit "3"
- ! - - - - 51'05'39"E 2643.71 /
(N1'05'46 -W 2643.76) 5/8' IRON ROD
CENTER 1/4 CORNER
nI mrn
H� nn
3 3 W
25' FROM CENTERLINE OF PIPE
TO EDGE OF P.G.T. RIGHT-OF-WAY
PER PERMIT NO. OREGON 010556 OF
�` a\ SEC. 28 OF THE MINERAL LEASING ACT H
FENCE CORNER ----
LIES 3.5' NORTH
OF PROPERTY LINE
10' WIDE EASEMENT TO ANON WATER
PER VOLUME 1999, PAGE 9281
DESCHUTES COUNTY OFFICIAL RECORDS
727.58,1584
C.E.G• `W �57z71
62` 36' PACIFIC GAS TRANSMISSION
f - PIPELINE (AS LOCATED BY PGT)
GROSS AREA: 22.85 ACRES
FERGUSON ROAD: 1.26 ACRES
NET AREA: 21.59 ACRES
20 PVC WATERLINE (AVON)
/r ---r(AS LOCATED BY AVON) ` \� \\=�• -'
80.60
)ASA (90.37
GRAVEL ROAD
/ N
D
o
3
FENCE IS 11.1' WEST 40R.O.W. 4
OF FERGUSON ROAD
-----'-CHAIN LINK FENCE WESTERLY RIGHT-OF-WAY.
0�p1/
C•E.C- koy �R
`we e4 � /
P��
co - X26 F,F.
LINE DATA
/
FOUND 5/8 -IRON ROD i
(BENT) N86 -20-W 0.25'
i
N166 Z1 � pF
/ 0
/
80' R.O. W.
NQ
A
/*POO
1
E89' 21' 41' V
� W
<1)
Or t`
N
41.28
2
589'27' 41'V
z
JNE
__ �_cRGUSGTJ Joao ________---
NN
z
V
_
FENCE CORNER -�
LIES 1.2' SOUTH
25'53'55'
OF PROPERTY LINE
274, 26
FENCE CORNER ----
LIES 3.5' NORTH
OF PROPERTY LINE
10' WIDE EASEMENT TO ANON WATER
PER VOLUME 1999, PAGE 9281
DESCHUTES COUNTY OFFICIAL RECORDS
727.58,1584
C.E.G• `W �57z71
62` 36' PACIFIC GAS TRANSMISSION
f - PIPELINE (AS LOCATED BY PGT)
GROSS AREA: 22.85 ACRES
FERGUSON ROAD: 1.26 ACRES
NET AREA: 21.59 ACRES
20 PVC WATERLINE (AVON)
/r ---r(AS LOCATED BY AVON) ` \� \\=�• -'
80.60
)ASA (90.37
GRAVEL ROAD
/ N
D
o
3
FENCE IS 11.1' WEST 40R.O.W. 4
OF FERGUSON ROAD
-----'-CHAIN LINK FENCE WESTERLY RIGHT-OF-WAY.
0�p1/
C•E.C- koy �R
`we e4 � /
P��
co - X26 F,F.
LINE DATA
/
FOUND 5/8 -IRON ROD i
(BENT) N86 -20-W 0.25'
i
N166 Z1 � pF
/ 0
/
80' R.O. W.
NQ
DIRECTION
LENGTH
1
E89' 21' 41' V
34. 78
<1)
S99,26,19, v
41.28
2
589'27' 41'V
87. 69
(2)
S99'26' 19'W
43. 77
CURVE DATA
NO.
DELTA
RADIUS
ARC
CHORD
1
IB' 14'55'
606. 76
193.25
192.44 N17. 19' 55'v
<ll
16'26'16'
606.76
174.08
2
25'53'55'
606. 76
274, 26
271. 94 NI3' 30' 25'V
3
25'53'55' .
566. 76
256. 10
254. 01 H13' 30' 25' V
(3)
25' 53' 48'
56G 76
256. 17
253. 99
4
25' 53' 55'
526. 76
238. 10
236.08 NIX 30' 25',V
(4)
25' 53' 46'
526. 76
238.09
236. 06
\-1/2' II
CWi/11
rn$a0
w
Y Y
nnn
i
1/2 -IRON ROD V
(NO'05'43'W 2645.82) IN MONUMENT 80%
_ _ .� NO'OS'39'W 2645.94 - - - - - - - - - , 1/4 CORNER i _.''
•Eft./.( T�_nliLr
Lo
Sl �-
�' DcSC' T4�GvJNTY RV '( R
FlLEDC oOo BY: DAVID EVANS A
709 Nw wgLL S TREE'I', SMI'T:
rerguson vacation Location iviap
20 ! 97 Exhibit "4" /
1
1
Y l`
1
1 1
I
20
BEND
k �
Location of Vacation
97
N
2 0 2 4 Miles
State Hwys
County Roads
Bend Roads
� Vacation
City of Bend
March 2, 2001
The information an this map was derived from digital databases anDESCRUMS
COUNW
Deschutes County's G.I.S. Care was taken in the creation of this
ROAD DEPAiRTM£HT
map. Deschutes County cannot accept arty responsibility for errors,
HIS DIVISION
omissions, or positional accuracy and therefore, there are no
John p„a„m,,. 018 SpneWi ,
warranties which accompany this product. However, notification of
Ph—: (541) eao wo
env errors wig be appreciated.
eiisss.E.xxms 8sn877s2
EXHIBIT "B"
DAVID EVANS AND ASSOCIATES,
log NW Wall Street,
Suite 102
Bend, Oregon 99701
Tel: 541.389.7614
Fax: 541.389.7623
Vacation of a Portion of the 1908 John Ferguson Road
A portion of the 1908 John Ferguson Road as established on November 5, 1908 in Crook
County Commissioner's Journal Book 4 Page 268 lying within the NW 1/4 of Section 14,
Township 18 South, Range 12 East, W.M., Deschutes County, Oregon, and being more
particularly described as follows:
All that portion of said 1908 John Ferguson Road lying within the boundary of that
parcel of land conveyed to Central Electric Cooperative, Inc., by Deschutes
County in that Correction Bargain and Sale Deed recorded on February 2, 2001
in Volume 2001, Page 5176 of the Official Records of Deschutes County,
Oregon.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
a.f
V OREGON
JULY 26' 1989
JAMES D. PERRY
2407
February 6, 2001
0:\CECX0004\ferg-T rte.doc
GLOBAL DESIGN ALLIANCE
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON APRIL 25, 2001, AT 10:00 A.M. IN THE DESCHUTES COUNTY
BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 NW
HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD VACATION PROCEEDING
DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD.
NOTICE TO MORTGAGEE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215
IRES THAT IF YOU RECEIVE THIS NOTICE. IT MUST PROMPTLY BE FORWARDED TO
In response to a petition by landowners, Deschutes County initiated the vacation of a
portion of the public Right-of-way of Ferguson Road, located through the Central Electric
Cooperative property in Deschutes County be vacated.
NOTE:
A utility easement will not be reserved on vacated public road right-of-way parcels unless
there is physical evidence of an existing utility on the parcel, or a utility company provides
evidence of an existing facility, or there is a specific request from a utility company to retain an
easement for a planned future facility.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 S.E. 27th Street, Bend,
Oregon, (541) 322-7103.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
PUBLISHED: Bulletin —April 5, 2001 and April 15, 2001
POSTED: April 5, 2001
MAILED: March 26, 2001