1996-07640-Order No. 96-028 Recorded 2/29/19969E-O'i^'02
9e'-076,10
BEFORE THE BOARD OF COUNTY
OF DESCHUTES COUNTY,
An Order Completing Legalization
Procedures for Ferguson Road,
Deschutes County, Oregon.
BNED
COMMISSIONERS
LEGA CGiJNSL
OREGON
ORDER NO. 96-028 0149-1123
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 96-015,
the Board of County Commissioners (Board) initiated the legalization of
Ferguson Road, in Deschutes County, Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 96-015, the
Board caused Ferguson Road to be surveyed, caused the county road
official to prepare a written report on the proposed legalization, and
caused proper notice of the proceedings to be given; and
WHEREAS, a hearing on the matter was held before the Board on
Wednesday, February 28, 1996 at 10:00 a.m. in the Juvenile Justice
Building, 1128 NW Harriman, Bend, Oregon 97701 for the purpose of
considering the county road official's report and any information
controverting or supporting the proposed legalization; and
WHEREAS, after considering matters presented in the legalization
proceeding, the Board has determined that legalization of Ferguson
Road, pursuant to the county road official's report, is in the public
interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the county road official's written report,
attached as Exhibit "A" and by this reference incorporated
herein, is hereby accepted and approved.
Section 2. That Ferguson Road between S.E. 15th Street and S.E.
27th Street in Deschutes County, Oregon, is hereby legalized as
described in Exhibit "B", attached hereto and by this reference
incorporated herein.
Section 3. That this Order shall be recorded with the Deschutes
County Clerk.
Section 4. That the survey of Ferguson Road, prepared in the
course of legalization proceedings, shall be recorded with the County
Surveyor.
PAGE 1 - ORDER NO. 96-028 (2-28-96) IVOR 0 6 1BO'
402 910
0149-1124
Section 5. Upon proper recording of this Order and the survey of
Ferguson Road as provided herein, any records showing the location of
Ferguson Road in conflict with the location as described herein shall
become void.
DATED this 28th day of February, 1996.
ATTEST:
r)" r" "",_
Recording Secretary
STATE OF OREGON )
County of Deschutes )
D OFCOUN'
HUTESC0[JNTY,
NANCY
COMMISSIONERS OF
f, `Chair
V�
V� V
BARR H,/SLAUGHTER Commissioner
RO,AERT L. NIPPER,6t6immissioner
Before me, a Notary Public, personally appeared NANCY POPE SCHLANGEN, BARRY
H. SLAUGHTER and ROBERT L. NIPPER, the above-named Board of County Commissioners
of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf
of Deschutes County, Oregon.
DATED this 28th day ofgg�J��February, 1996.
AwA
Notary Public for Oregon Q
My Commission Expires: *_16_f 7
PAGE 2 - ORDER NO. 96-028 (2-28-96)
MEMORANDUM
DATE: February 27, 1996
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
RE: Ferguson Road Legalization - Engineer's Report
61150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
This report is made pursuant to ORS 368.206, and by order of the Board of County
Commissioners, Order No. 96-015, concerning the investigation by the County Engineer of the
proposed legalization of Ferguson Road.
Background:
Ferguson Road was originally surveyed and established in 1908 (John Ferguson County Road).
The final order was recorded in the Crook County Commissioners Journal No.4, Page 268 on
November 5, 1908. Said Order adopted the alignment for Ferguson Road as surveyed and
shown in the Surveyor's Report dated September 24, 1908. A copy of the 1908 Surveyor's
Report is attached as Exhibit 1.
The existing traveled portion of Ferguson Road, which lies between SE 15th Street and SE
27th Street, does not follow the route originally surveyed. Pursuant to ORS 368.201, the
Board of County Commissioners (Board) initiated proceedings to legalize Ferguson Road on
the basis that the road as traveled and used for 10 years or more does not conform to the
location of the road as described in the County records. Aerial photos dating from 1976 as well
as adjacent development prior to 1986 provide evidence that the present location of Ferguson
Road has been traveled and used for a period of more than 10 years.
Road Location Survey:
Pursuant to Order No. 96-015, the Deschutes County Department of Public Works surveyed
Ferguson Road between 15th Street and 27th Street to determine the location and width of the
road. The width of the road right-of-way is determined according to the laws governing the
width of roads at the time Ferguson Road was originally established, including road right-of-
way subsequently dedicated to the public in conjunction with adjacent development. Attached
as Exhibit 2 of this report is the survey of Ferguson Road. The centerline location of the road
was established to coincide with the center of the current traveled way and to maintain
consistency with adjacent platted development. The original right-of-way width per the 1908
Quality Services Performed with Pride
Ferguson Legalization
2/27/96
Page 2
401 -x.912
0149-1126
Order was 40 feet (20 feet on each side of the surveyed centerline). The right-of-way width as
shown on Exhibit 2 reflects the original 40 foot establishment and also includes subsequent
dedications. These dedications were obtained through land use requirements imposed on
adjacent land as it developed. The current requirement for right-of-way width on County roads
is 60 feet (Ferguson Road is an Urban Collector).
Notification and Compensation for Property Affected by Road Legalization:
The Public Works Department provided notice of the proceedings for legalization of Ferguson
Road, including the February 28, 1996 hearing, by posting and by service to owners of abutting
land pursuant to Order No. 96-015.
To date the Department has received no written or oral information regarding the legalization
proceedings.
ORS 368.211 provides for compensation for property affected by road legalization. This
statute states: "A County governing body shall provide for compensation under this section to
any person who has established a structure on real property if the structure encroaches on a
road that is the subject of legalization proceedings..". The statute further states: "To qualify
for compensation under this section, a person must file a claim for damages with the county
governing body before the close of the hearing to legalize the road."
From our survey it appears that there are no structures within the proposed road legalization.
To date there have been no claims filed for compensation as a result of this legalization.
Recommendation:
Contingent upon testimony and findings presented at the public hearing, the Engineer
recommends Board approval and signature of the Order legalizing Ferguson Road as presented
in this report.
Under ORS 368.216, when a county governing body legalizes a road, the county governing
body shall comply with ORS 368.106. ORS 368.106 requires that the county governing body
comply with the following: 1) Any order or resolution enacted and deed or other document
establishing an interest in the property for public road purposes to be recorded; 2) The road
right-of-way to be surveyed and monumented; 3) The survey to be prepared in compliance
with ORS 209.250; and 4) The survey to be recorded with the county surveyor.
Upon the recording of the order legalizing Ferguson Road, the Department will monument the
road right-of-way and file the survey to meet the requirements as outlined above.
Upon completion of the legalization procedures any records showing the location of the road
that conflict with the location of the road as described in the order are void. The road exists as
shown on the order legalizing the road.
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0149-1137
EXHIBIT "B"
The centerline of Ferguson Road to be legalized is described as follows:
Beginning at a point on the west line of Section 10, Township 18 South, Range 12 East,
W.M., said point being SOP26'50"W 972.20 feet from the West 1/4 Corner of said
Section 10; thence, leaving said west section line, 275.36 feet along the arc of a 500.00
foot radius curve to the left, the long chord of which bears S 14° 19'46"E 271.89 feet;
thence S30°06'23"E 1058.40 feet; thence 458.36 feet along the arc of a 570.00 foot
radius curve to the left, the long chord of which bears S53'08'3 5"E 446.11 feet; thence
S76010'48"E 452.50 feet; thence 178.85 feet along the arc of a 1,815.68 foot radius curve
to the left, the long chord of which bears S79°02'32"E 178.78 feet; thence S81'54'1 7E
201.44 feet; thence 308.43 feet along the arc of a 2,000.00 foot radius curve to the left,
the long chord of which bears S86° 19'22"E 308.12 feet, to a point on the south line of
said Section 10, thence, along said south section line, N89°15'34"E 564.67 feet to the
South 1/4 Corner of said Section 10; thence S89°33'31"E 2629.78 feet to the
SE Corner of said Section 10.
i�37A
401 -`1924
STATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
1, MARY SUE PENHOLLOW, COUNTY CLERK AND
RECORDER OF CONVEYANCES, IN AND FOR SAID
COUNTY, DO HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED THIS DAY:
BY.UTY
NO._ 907202 FEE_/ --
DESCHUTES COUNTY OFFICIAL RECORDS