HomeMy WebLinkAboutOrder 028 - Set Hrg - Ford Rd VacationDeschutes 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 June 27, 2012
Please see directions for completing this document on the next page.
DATE: June 19,2012
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2012-028, Accepting the Engineers Report and Setting a
Date for the Public Hearing Concerning the Vacation of a Portion of the 1911 H.B. Ford Road Located
in T.21 S. R.20E., and T.22S., R.20E., Deschutes County, Oregon.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
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 "1"). This portion ofFord 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. Signature of Order 2012-028 accepts the Engineer's report and sets a date of Wednesday,
August 8, 2012 for the public hearing concerning this vacation.
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Order No. 2012-028, accepting the Engineers Report and setting a
date for the public hearing concerning the vacation of a portion of the 1911 H.B. Ford Road.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
After recording, please return a copy to Sheila OdIe (ext. 7148) at the Road Department.
Vacation of a ortion of H.B. Ford Road
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Exhibit "1"
Page 1 of 1
Portion of H.B. Ford
Road to be Vacated
• • • • • • • • • • • • • • • • • • • • • • • ______ ~_III.---.__________,....,Ii"!"'::-<:,----1
Locator Map
CROOK
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Location of r---;;:::",~~,'
Vacation
o 1,000 2,000 3,000
Printed : April 12, 2012
4,000 Feet
Legend
•• Ford_Rd I Milepost
-State Highway
--Road Centerlines 0 Taxlots
The infonnlltion on this map was derived from tlgital dllbltleses on _ Desch utes County Road Departme n t 0.-__o.schutes County's G.I .S. Cue was teken in the tnNIIion ofll1is
map, but ~ is pravided ..s is'. Deschutes County cennolacc.pt lilly
responsibility for errors, orrissions, or positional accuracy in the dgital John JIndtnorl. GIS SpocioIisI ""
p,,_ r.>")32NI02
Emll.John.ctco dw:tn.Jtti-Ot,U$
date or the underlying records . The..... no warranties, express or
implied, indudng lI1e warranty or marchlll\l1lbility or fitness for • AcktrIB" 61 150 SE 27U'I St
particul.r purpow, ....:ompanying lI1is prcxiJct . H~v., notiftcotion Btnd, 011 97702
or any.rors will be appreciated. P:lArcGIS_ProjectslVacations\Ford Rd 2
REVIEWED
LEGAL COUNSEL
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 1911 H.B. Ford Road *
Located in T.21S. R.20E., and T.22S., * ORDER NO. 2012-028
R.20E.; Deschutes County! Oregon, setting 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 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.
DATED this __day of ________, 2012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST: ALAN UNGER, VICE-CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
PAGE 2 OF 2 -ORDER NO. 2012-028
Exhibit "A"
1 of 2
Road De artment
61150 SE 27th St. • Bend. Oregon 97702
(541 J 388-6581 • FAX (541 J 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 located in T.21 S. 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.
Background:
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 "1 "). 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 prope11y 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
notified and their response to the vacation:
Bend Broadband: No Response
Cascade Gas: No Response
Central Electric: No Response
COl Irrigation: No Response
Quality Services Performed with Pride
Exhibit "A"
2of2
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
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 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 (l)(c).
2. A utility easement is not required for this vacation.
EXHIBITMBW
Page 1 of2
EXHIBIT HAP
FOR VACATION OF A PORTION OF B.D. FORLJ RLJ.
LOCA TED IN SEC. 33, 34, &-35
1. 21 s., R. 20 R Fr.Af.
AND
IN COVT. LOTS 2, 3, AND 4, SEC. 2,
AND SEC. 3 &-4
1. 22 s., R. 20 R IY.N.
DESCHUTES COUNTY, ORECON
H.B. FORD RD
DATE: 04-21-2012
SCALE: 7" = 1500'
REGISTERED
PROFESSIONAL
LAND SURVEYOR
fL K. }!\
SOU TH WES TERL Y
RIGHT OF WA Y"",----MAY 10.2011
JOSHUA ROBERT WHITEU.S. HWY. 20
PORTION OF b/30/ZJ:JJZRENEWS:H.8. FORO ROAD I
(EST. 7/6/1911)
TO BE VACA TED
-1 H.8. FORD RD
(TO REMAIN)
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(TO REMAIN)
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PR.£PAR.£D BY BAXTER £.AND SURYlYIN&. ENe. (5#1) 382-1962
2037() EKPERE AYE.. SUITE C-3, DINA. OR 97701 ""1f'.lUf7'ERSURYEYINC.COK
EXHIBIT"B"
Page 2 of2
Vacation of a Portion of the 19 J J 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, located in Sections 33,34, and 35, Township
21 South, Range 20 East W.M., and in Government Lots 2.3, and 4 in Section 2 and
Sections 3 and 4, Township 21 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 33.34. and 35. Township 21
South, Range 20 East. \V.M., and in Government Lots 2, 3. and 4 in Section 2 and
Sections J and 4. Township 22 South. Range 20 East, \V.M., lying South and West of the
Southwesterly Right-of-Way of U.S. Highway 20. as shown on the attached map titled
"Exhibit ~'lap" which is incorporated herein by this reference.
REGISTERED
PROFESSIONAL
LAND SURVEY R
Prepared by: Baxter Land Surveying, Inc.
P.O. Box 7022 Bend. OR 97708 (541) 382 1962
/L R. Vi
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 ofthe 1911 H.B. Ford Road, located in T.21 S, 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
ANTHONY DEBONE, CHAIR
PUBLISHED: Bulletin July 18, 2012 & July 28, 2012
POSTED: July 18, 2012
MAILED: July 8, 2012