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HomeMy WebLinkAboutOrder 008 - Set Hearing - Vacate Ford RdDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.dcschutcs.orLI AGENDA REQUEST & STAFF REPORT For Board Business Meeting of May 4, 2011 Please see directions Jor completing this document on the next page. DATE: April 22, 2011 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order 2011-008, 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 Deschutes County, Oregon PUBLIC HEARING ON THIS DATE'? NO BACKGROUND AND POLICY IMPLICATIONS: 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 "1"). 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 1-I.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. Signature of Order 2011-008 accepts the Engineer's report and sets a date of Wednesday, June 8, 2011 for the public hearing concerning this vacation. FISCAL IMPLICATIONS: None. All fees required for this vacation have bcen paid by the applicant. RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Order No. 2011-008, 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: Alter recording, please return a copy to Sheila Odle(ext. 7148) at the Road Department Vacation of a portion of H.B. Ford Road Exhibit "1" Page 1 of 1 SCHRAEDERRD' — —� 1 1---____, Portion of H.B. Ford Road to be Vacated ■ ■ 1 Begin Locator Map CROOK Location of Vacation LAKE 1 I 1 l 1 1 1 0 1,000 2,000 3,000 4,000 Feet Printed: April 4, 2011 The information on this map was derived from dgtal databases on Deschutes County's G.I.S. Care was taken in the creation of this map, but it is provided 'as ism. Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy in the dgital data or the underlying records. There are no warranties, express or implied, inducing the warranty of merchantability or frtness for a particular purpose, accompanying this prod.ld. However, notification of any errors will be appreciated. Legend ■ HB Ford Road --- State Highway Road Centerlines F -I Taxlots wP Deschutes County Road Depert✓nr— nt John Anderson. ©5 Specialist Ftont, ('541 J an7102 r3xu+.1aunatkosEmenstes or uv Aadresc 61150SE 27th R etod, OR 97702 P:VArcGIS_Projects\Vacations\Ford Rd 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 Deschutes County , Oregon, setting a date for a public hearing, and providing for public notice of said hearing. ORDER NO. 2011-008 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. 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" 1 of 2 0 Road Department 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 "1"). This portion of Ford Road is located between Highway 20 and Schroeder 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. Schroeder 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 of 2 PGT: No Response Qwest Corporation: Response dated 4/20/2011 from Lynn Smith, right-of-way Manager, "This area is outside the Qbl'es1 serving area. ()west 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'' slops at the N. end of BLM and does not involve BLIvJ land, the Prineville District has no concerns or issues with the vacation of Ford Road as described in Exhibit Oregon Department of Transportation: E-mail from Bill Nihon, ODOT District 10 Operations Coordinator dated 4/6/2011, "ODOT has no problem with the County vacating that portion of Ford Road aJ' 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 utitity easement is not required for this vacation. Exhibit "B" Page 1 of 1 EXHIBIT MAP FOR VACATION OF A PORTION OF H.B. FORD RD. LOCATED IN SEC. 15, 16, 21 22 T. ,2,2 S., R. 21 E. TY. M. DESCIIUTES COUNTY, OREGON (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) DETAIL A SOUTH TERMINUS OF FORD ROAD VACATION NOT TO SCALE SOUTH LINE OF THE NE 1/4 SEC. 21 T22S, R21E, W.M. 9 10 16 15 (1913 V. SCHREDER ROAD. 60' WIDE, CENTERED ON SECTION LINE) SCHRAEDER RD. PORTION OF m : H.B. FORD ROAD (EST. 7/6/1911) TO BE VACATED 16 : 15 21: 22 O��p,IL P SOUTH LINE OF THE NW 1/4 SEC. 22 T22S, R21E, W.M. m DATE: 04-01-2017 SCALE: 1" = 2000' ODOT'S HAMPTON QUARRY ACCESS RD. REGISTERED PROFESSIONAL D SURVEYOR • OREGON JULY 15, 1983 kOBERT E. BAXTER 2041 ftr1 ew,42 .' / 2/3i/ / PREPARED BY BAXTER LAND SURVEYING, INC. P.O. BOX 7022 BEND, OR 97708 20870 EMPIRE AVE. SUITE C-8, BEND, OR 9770> (540 882->962 Exhibit "B" Page 2 of 2 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 1/4 of Section 21 and North of the Southerly line of the NW 1/4 of Section 22, Township 22 South, Range 21 East, W.M. 101. REGISTERED PROFESSIONAL SURVEYOR OR EGON JULY 15, 1983 i2OBERT E. BAXTER 2041 r 444va..Q .' /2/S//,, 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