2012-1687-Order No. 2012-028 Recorded 6/29/2012REVIEWED
LEGAL COUNSEL
DEscwu,rES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
2012-1667
RECORDS t I 2012.JR7
CLERK wy
06/29/2012 10:00:410
For Recording Stamp Only
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 19 11 H. B. Ford Road
Located in T.21S. R.20E., and T.22S.,
R.20E.; Deschutes County , Oregon, setting a
date for a public hearing, and providing for
public notice of said hearing.
ORDER NO. 2012-028
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon,
initiated the vacation by Resolution Number 2012-066 dated on June 27, 2012; 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 located in T.21S. R.20E., and
T.22S., Exhibit "A", attached hereto and by this reference incorporated herein, is hereby
accepted and hereby approved.
Section 2. That on Wednesday, August 8, 2012, 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. 2012-028
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.
DATEDthis2/� dayof 12012.
U BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
SAA -
Recording Secretary
PAGE 2 OF 2 — ORDER NO. 2012-028
ANTHONY DEBONE, CHAIR
ALAN UNGER, VICE -CHAIR
TAMMY BANEY, COMMIS&ONER
Exhibit "A"
1 of 2
61150 SE 27th St. - Bend, Oregon 97702
(541) 388-6581 - FAX [541) 388-2719
ENGINEEWS 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 located in T.21S. R.20E., and T.22S.,
R.20E.
This report is made pursuant to ORS 368.326 through 368.366, concerning the vacation of public road
right-of-ways or subdivision plat.
Backgroun :
David Baker 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 off of Highway 20 . There is an existing road
located within the north/south portion of the H.B. Ford Road right of way but is used by the ranchers for
access to their property and it does not access any of the public land located to the south. The east/west
portion of the right-of-way goes through the fields that are irrigated by center pivot irrigation and there is
no road located in this portion of the 1911 H.B. Ford Road. The reason for the vacation is that Mr. Baker
wants to install more 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 the underlying
property owner 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
noti fled and their response to the vacation:
Bend Broadband: No Response
Cascade Gas: No Response
Central Electric: No Response
COI Irrigation: No Response
Quality Services Performed with Pride
Exhibit "A"
2 of 2
Pacific Power: No Response
PGT: No Response
Qwest Corporation: No Response
Deschutes County Community Development Department: No Response
County Legal Counsel: No Response
Bureau of Land Management: No Response
Oregon Department of Transportation: No Response
Oregon Department of Fish Wildlife and Parks: No Response
Finding :
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.
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 testimonv
received at the public hearing. If the vacation is approved as described in Order No. 2012-029, 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 I of 2
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EXHIBIT"B*
Page 2 of 2
Vacation of a portion of the 1911 H.B. Ford Road
A portion of tile 1911 H.B. Ford Road as established on July 6, 1911 in Crook County
Commissioner's Joumal� Book 4. Page 494, located in Sections 3 )35 3 K and 3 )5, Township
21 South, Range 1-0 East. W.M., and in Government Lots 2. -3), and 4 in Section 2 and
Sections 3 and 4, Township 22 South, Range 20 East, W.M., Deschutes County, Oregon
and being more particularly described as follows:
That portion of said H.B. Ford Road located in Sections 13. 34. and '15, Township 21
South, Range 20 East, W.M., and in Government Lots 2, N. and 4 in Section 2 and
Sections 3 and 4. Township 22 South, Range 20 East, W M., lying South and West of tile
Southwesterly Right -of -Way of U.S. Highway 20, as shown on the attached map titled
"Exhibit Map" wbich is incorporated herein by this reference.
prepare(] by Baxter Land Surveying. Inc.
P�0, Box 7022 Bend, OR 9-1708 (541) IS -2 1902
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EXHIBIT "C"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD VACATION HEARING
NOTICE IS HEARBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS
WILL HOLD A PUBLIC HEARING ON AUGUST 8,2012 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 T.21S, R.20E. and T.22S., R.20E
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
44�1446��
ANTHONY DEBONE, CHAIR
PUBLISHED: Bulletin — July 18, 2012 & July 28, 2012
POSTED: July 18, 2012
MAILED: July 8, 2012