HomeMy WebLinkAboutOrder 029 - Vacate Part of Ford RoadDeschutes 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 August 8, 2012
DATE: July 30,2012
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Public Hearing and Consideration of Board Signature of Order 2012-029, Vacating a portion of 1911
H.B. Ford Road.
PUBLIC HEARING ON THIS DATE? YES
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.
On June 27,2012 the Board of County Commissioners (BOCC) signed Order No. 2012-028, which
accepted and approved the County Road Official's report and set the date for the public hearing on this
vacation for August 8, 2012. This hearing is the last step in the vacation process. The BOCC will hear
testimony for or against the vacation and after the public hearing is closed, the BOCC will vote to either
approve or reject the vacation.
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
After all testimony is received at the public hearing and the Board of County Commissioners
determines it is in the best interest to do so, move approval of Board signature of Order No. 2012-029,
vacating 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 Odle( ext. 7148) at the Road Department
,
Vacation of a ortion of H. B. Ford Road
Portion of H.B. Ford
Road to be Vacated
• ••••••••••••••••••••••• ___ • ___...._______..i"I~......,..--~
Locator Map
C ROOK
---------,
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Il ____
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Location of 1___
Vacation
o 1,000 2,000 3 ,000 4 ,000 Feet
Legend
•• Ford_Rd
Printed : April 12 , 2012 I M ilepost
= State Highway
--Road Centerlines D Taxlots
The information on this map was derived from dgtal databases on _ Deschutes County Road DepartmentDeschutes County's G .I.S. Care was taken in the creation of this
map, but ~ is provided 'as is". Deschutes County cannot accept any "-"."." responsibility fer errors, orrissions, or positional acCtlracy in the dgital
data or the underlying records . There are no warranties, ""!""8SS or ""_ (5"131207102
EnUiI Jdln.~o Cfl(:huta O(.W imp/ied, inc/udng the warranty of me rchantability or fitness fer a M4rfli 611 so Sf Vtn St
particular purpose, accompanying this !""educt. However , notification Bond. 011 '1101
of any errors will be appreciated .
P :lArcGIS_ProjectslVacationsIFord Rd 2
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Vacating that portion of *
the 1911 H.B. Ford Road located in, * ORDER NO. 2012-029
Deschutes County, Oregon. *
WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation
ofa portion of the 1911 H.B. Ford Road by Resolution Number 2012-066 dated June 27.2012; and
WHEREAS, the Board of County Commissioners requested the County Road Offi cial to prepare a
report relating to the vacation; and
WHEREAS. the Board of County Commissioners accepted and approved the County Road Official's
report and as required by ORS 368.346 set a public hearing on August 8.2012 at 10:00 a.m. by Order
Number 2012--028 dated June 27, 2012; and
WHEREAS, notice of hearing was given in accordance with ORS 368.346(3) and 368.401 to 368.426;
and
WHEREAS. the Board of County Commissioners held said hearing to consider matters presented
under ORS 368.346; and
WHEREAS, the Board of County Commissioners finds that it is in the public interest to vacate the
public property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY. OREGON, ORDERS as
follows:
Section 1. That the property. described in Exhibit "A", attached hereto and by this reference
incorporated herein, is hereby vacated.
Section 2. That the property, vacated in Section 1. shall vest in the rightful owner holding title
according to law pursuant to ORS 368.366(1 )(c).
Section 3. That the Deschutes County Surveyor is directed to mark a copy of the plat, if any, as
provided in ORS 271.230.
PAGE 1 OF 2 -ORDER NO. 2012-029
Section 4. That this Order shall be recorded with the Deschutes County Clerk, and copies shall be
filed with the Deschutes County Surveyor and County Assessor.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST:
ALAN UNGER, VICE CHAIR
Recording Secretary
TAMMY BANEY, COMMISSIONER
STATE OF OREGON )
)SS.
County of Deschutes )
Before me, a Notary Public, personally appeared ANTHONY DEBONE, ALAN UNGER, and TAMMY
BANEY, the above-named Board of County Commissioners of Deschutes County, Oregon, and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this ___ day of __________, 2012.
NOTARY PUBLIC FOR OREGON
My Commission Expires: _______
PAGE 2 OF 2 -ORDER NO. 2012-029
l
__ ____
I
I
EXH.fB.fT NAP
FOR VACATION OF A PORTION OF H.B. FORIJ RIJ.
LOCA TE.o IJV SEC. 88, 84, &: 85
r. 21 s., R. 20 £. Fr.Af.
AN.o
IJV COVr. .lOTS 2, 8, AJVIJ 4, SEC. 2,
AJV.o SEC. 8 &: 4
7'. 22 s., R. 20.E. IY.N.
.oESCHlITES COllJVTr, ORECOJV
H.B. FORD RD
(TO REMAIN)
j
28 I 27 27 26
~J "34 _._. 34 35 DA TE: 04-21-2012
SCALE: 1" = 1500'
REGISTERED
PROFESSIONAL
LAND SURVEYOR
\ fL K. 'M
SOUTHWESTERLY
RIGH T OF WA Y ___ MAY 10,2011
JOSHUA RoeERT WHITEU.S. HWY. 20
PQF?T!ON OF b /SO/l.DJZ
JEHEW$: •H.B. FORD ROAD
(EST. 7/6/1911)
TO BE VACA TED HB. FORD RD'\ (TO REMAIN)
3J TOWNSHIP 21 SOUTH 34 i 35
~~~~__~~~ Ea__~~~__" ~______~
4 TOW,NSHIP 22 SOUTH 3 2
Lor 4
I
I LC)T 3 :
j LOT 2 LOT ., Lor 4 LOT .)
PR.EPARSO Dr DArTER £AND SlIRYE17NI;. INC. (S.ff) .182-1962
20370 ENPIRE AY£' SU.I7'E c-s. BENG. OR 9'1701 Irlrlr.&LlTERSURYE17NC.CON
Vacation ora Portion oftbe 19J 1 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 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 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 22 South, Range 20 East, W.M., lying South and West of the
Southwesterly Right-of-Way of U.S. Highway 20. as shown on the attached map titled
"Exhibit Map" which is incorporated herein by this reference.
Prepared by: Baxter Land Surveying, Inc.
P.O. Box 7022 Bend. OR 97708 (541) 382-1962
AEGfSTEAEO
PROFESSIONAL
LAND SURVEY R
It-R. Yi
