2011-2782-Order No. 2011-008 Recorded 5/9/2011REVIEWED
LEGAL COUNSEL FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY
~L
CLERKDS ci 2011'2782
COMMISSIONERS' JOURNAL ,
201iu2 For Recording Stamp Only
05/0911011 11;M00 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order accepting and approving the
County Road Official's Report on the
vacation of a portion of the 1911 H.B. Ford
Road Deschutes County , Oregon, setting ORDER NO. 2011-008
a date for a public hearing, and providing
for public notice of said hearing.
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, initiated the vacation by Resolution Number 2011-009 dated on May 4,
2011; 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, HEREBY ORDERS as follows:
Section 1. That the report relating to the vacation of a certain dedicated
public road known as a portion of the 1911 H.B. Ford Road, Exhibit "A", attached
hereto and by this reference incorporated herein, is hereby accepted and hereby
approved.
Section 2. That on Wednesday, June 8, 2011, at 10:00 a.m. at the
Deschutes County Commissioner's Hearings Room, Deschutes County Services
Center, 1300 NW Wall Street, 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.
PAGE 1 OF 2 - ORDER NO. 2011-008
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 368.346(3) and
368.401 to 368.426.
lL~
DATED this day of , 2011.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice-Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2 - ORDER NO. 2011-008
Exhibit "A"
-`ES 1 of 2
2
0 Ju { Road
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: April 22, 2011
SUBJECT: Vacation of a portion of the 1911 H.B. Ford Road
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road
right-of-ways or subdivision plat.
Background:
Stephen Roth has petitioned the Road Department to vacate a portion of the 1911 H.B. Ford Road that is
located on and also bisects his property located east of Bend close to the County line (see attached site
map Exhibit "I"). This portion of Ford Road is located between Highway 20 and Schraeder Road which
is also an old established County Road. There is no road located within this portion of the H.B. Ford
Road right of way and is not used by the traveling public. Schraeder Road is the main access from
Highway 20 to the BLM property located near the ranch therefore there is no reason to retain Ford Road
for access to the public lands. The reason for the vacation is that Mr. Roth wants to install center pivot
irrigation facilities to allow him to plant more crops to better utilize his property. Having Ford Road
running through this portion of the property does not allow him to install the irrigation facilities without
interfering with the right of way. The underlying fee ownership is with the abutting property owner
therefore when the property is vacated, it will revert back to Stephen Roth and return the property to the
tax roles.
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 Gas: No Response
Central Electric: No Response
COI Irrigation: No Response
Pacific Power: No Response
Quality Services Performed with Pride
Exhibit "A"
2,0f 2
PGT: No Response
Qwest Corporation: Response dated 4/20/2011 from Lynn Smith, right-of-way Manager, "This area is
outside the Qwest serving area. Qwest has no facilities in the proposed vacation area."
Deschutes County Community Development Department: No Response
County Legal Counsel: No Response
Bureau of Land Management: Response dated 4/15/2011 from Doug Vandergon, Realty Specialist, "As
the vacation as described in Exhibit "A " stops at the N. end of BLM and does not involve BLM land, the
Prineville District has no concerns or issues with the vacation of Ford Road as described in Exhibit
"A " „
Oregon Department of Transportation: E-mail from Bill Hilton, ODOT District 10 Operations
Coordinator dated 4/6/2011, "ODOT has no problem with the County vacating that portion of Ford Road
as we have a deeded access road to our property from the highway. "
Oregon Department of Fish Wildlife and Parks: No Response
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 signatures of either owners of 60 percent of the land abutting the
property proposed to be vacated or 60 percent of the owners of land abutting the property
proposed to be vacated; and
2. The vacation allows the applicants to better utilize their property and clears up the title to their
property.
3. Based on the responses from notices sent to utility companies, a utility easement is not required
for this vacation.
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the
right-of-way to the tax roles and allows the property owners to better utilize their properties. The Road
Department recommends that the Board approve or reject the vacation application based on testimony
received at the public hearing. If the vacation is approved as described in the attached Order No. 2011-
009, it shall be 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 is not required for this vacation.
Exhibit "B"
Page 1 of 1
L'XHIBIT MAP
FOR VACATION OF A PORTION OF H. B. FORD RIB.
LOC4FTO IN SEC. 15, 16
, z1 cPc zz
T. zz S., R. z1 TY.1LI.
DESCHUTES COUNTY, ORECOW
(1911 H.B. FORD ROAD. 60' WIDE,
CENTERED ON SECTION LINE)
NORTH TERMINUS OF FORD ROAD
VACATION =LINE 30 FEET SOUTH OF
THE NORTH LINES OF SECTIONS 15 &
16, T22S, R21E, W.M. (BEING THE SOUTH
RIGHT OF WAY LINES OF 1911 H. B. FORD
& 1913 V. SCHREDER ROADS)
(1913 V SCHREDER ROAD. 60' WIDE,
CENTERED ON SECTION LINE)
9 10
SCHRAEDER RD.
16F\15
` DA TE: 04-01-2011
x PORTION OF
m H.B. FORD ROAD SCALE: 1 2000'
o (EST. 71611911)
o TO BE VA CA TED
16115
21!22
/ O~~PU. P
56
DETAIL A
SOUTH TERMINUS OF
FORD ROAD VACATION
NOT TO SCALE
SOUTH LINE OF THE
NE 1/4 SEC. 21
T22S, R21 E, W.M.
x
SOUTH LINE OF THE
o NW 114 SEC. 22
T22S, R21E, W.M.
~ G\
o ~
0
a
a
0
x ODOT'S HAMPTON QUARRY ACCESS RD.
m
0
a
s~ REGISTERED
PRO SCOPVAL
n SURVEWR
OREGON
JULY 15, 1983
KOBERTZE. BAXTER
PRA'PARlD BY BAXTER L4)VO SURVEYING, INC. P. 0. BOX 7022 BEND, OR 97708
20870 EAfPIRE AYE. SUITE C-3, BEND, OR 97701 382-1962
Exhibit "B"
Page 2of2
Vacation of a Portion of the 1911 H.B. Ford Road
A portion of the 1911 H.B. Ford Road as established on July 6, 1911 in Crook County
Commissioner's Journal Book 4, Page 494, lying in Sections 15, 16, 21 and 22, Township 22
South, Range 21 East, W.M., Deschutes County, Oregon and being more particularly described as
follows:
That portion of said H.B. Ford Road lying South of a line 30 feet South of the North lines of
Sections 15 and 16, Township 22 South, Range 21 East, W.M. and lying North of the Southerly
line of the NE '/4 of Section 21 and North of the Southerly line of the NW '/4 of Section 22,
Township 22 South, Range 21 East, W.M.
REGISTERED
PROFESSIONAL
SURVEYOR
i
OREGON
JULY 15, 1983
ROBERT E. BAXTER
2041
44,0,-Q l2
Prepared by Baxter Land Surveying, Inc. P.O. Box 7022 Bend, OR 97708 (541)-382-1962
EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS NEARBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS
WILL HOLD A PUBLIC HEARING ON JUNE 8, 2011 AT 10:00 A.M. IN THE DESCHUTES
COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, DESCHUTES COUNTY
SERVICES CENTER, 1300 NW WALL, 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 REQUIRES THAT IF YOU RECEIVE THIS NOTICE. IT MUST PROMPTLY BE
FORWARDED TO THE PURCHASER.
In response to a petition by landowners, Deschutes County initiated the vacation
of a portion of the 1911 H.B. Ford Road, located 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) 322-7148.
ORS 368.326 to 368.366 provides authority for road vacation.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
PUBLISHED: Bulletin - May 19, 2011 & May 27, 2011
POSTED: May 19, 2011
MAILED: May 5, 2011