HomeMy WebLinkAboutOrder 009 - Vacate Portion - H.B. Ford Rd.Deschutes 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 8, 2011
DATE: May 31, 2011
FROM: George Kolb, County Engineer
Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2011-009, Vacating a portion of 1911 H.B. Ford Road.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
Steven 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 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 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 Steven Roth and return the property to the tax roles. On
May 4, 2011, the Board of County Commissioners (BOCC) signed Order No. 2011-008, which
accepted and approved the County Road Official's report and set the date for the public hearing on
this vacation for June 8, 2011. 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. 2011-009,
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 portion of H.B. Ford Road
SCHRAEDER RD
Portion of H.B. Ford
Road to be Vacated
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Locator Map
1 1 1 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 dgdal databases on
Deschutes County's 0.1.5. Care was taken in the creation of this
map, but it Is provided 'as is'. Deschutes County cannot accept any
responsibility for errors, onissions, or positional accuracy in the dgital
data or the underlying records. There are no warranties, express or
implied, includng the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
Legend
N ■ HB Ford Road
State Highway
Road Centerlines
h _ Taxlots
biroDeschutes County Road Department
Crommel
John Anderson. G5 Sp000rca
Phase (SI 11322-7102
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duArra 611595E 2tar S
0? 97762
P:WrcGIS_Projects\Vacations\Ford Rd
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,
Deschutes County, Oregon.
*
*
ORDER NO. 2011-009
WHEREAS, the Board of County Commissioners, of Deschutes County, Oregon, initiated the vacation
of a portion of the 1911 H.B. Ford Road by Resolution Number 2011-009 dated May 4, 2011; and
WHEREAS, the Board of County Commissioners requested the County Road Official 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 June 8, 2011 at 10:00 a.m. by Order Number
2011-008 dated May 4, 2011; 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. 2011-009
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.
ATTEST:
Recording Secretary
STATE OF OREGON
)SS.
County of Deschutes
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ALAN UNGER, COMMISSIONER
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and ALAN
UNGER, 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 , 2011.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
PAGE 2 OF 2 - ORDER NO. 2011-009
Exhibit "A"
1 of 2
EXHIBIT IIAP
FOR VACATION OF A PORTION OF IIB. FORD RD.
LOCATED IN SEC. 15, 16, 21 & 22
T. 222 S., R. 21 E. !FAL.
DESCHUTES COUNTY, OREGON
(1911 N.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 WA Y 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.
(1913 V SCHREDER ROAD. 60' WIDE,
CENTERED ON SECTION LINE)
SCHRAEDER RD.
PORTION OF
H.B. FORD ROAD
(EST. 7/6/1911)
TO BE VACATED
'i%
DATE: 04-01-2011
SCALE: 1" = 2000'
ODOT'S HAMPTON QUARRY ACCESS RD.
SOUTH LINE OF THE
NW 1/4 SEC. 22
T22S, R21E, W. M.
REGISTERED
PROFESSIONAL
'D SURVEYOR
OREGON
JULY15, 1983
ROBERT E. BAXTEP
2041
KenCc✓AIL ,' /2/3i//
PREPARED BY BAXTER LAND SURVEYING, INC. P.O. BOX 7022 BEND, 01? 977'08
2087'0 EMPIRE 4TE. SUITE C-3, BEND, 01? 9 770 1 (541) 382-1962
Exhibit "A"
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.
REGISTERED
PF.Or ES 5i ON AL
SURVEYOR
OREGON
JULY 15, 1983
ROBERT E. BAXTER'
7041
en cw-aQ .' /2/ •
,/,,
Prepared by Baxter Land Surveying, Inc. P.O. Box 7022 Bend, OR 97708 (541)-382-1962