1999-656-Order No. 99-040 Recorded 4/1/1999VOL: CJ1999 PAGE: 656
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Apr. 1, 1999; 10:34 a.m.
Order (CJ)
NUMBER OF PAGES: 9
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
MICRMED
APR @ 1999
*CJ1999-656 *Vol -Page 04/20/1999 16:31:39
NSEI_
BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON
An Order Completing Legalization 99 APR - I Ali 10: 34
Procedures for a portion of Ward Road, * M1, iA"JLL
Deschutes, County, Oregon. CCUN 1 Y CL RK
ORDER NO. 99-040
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 99-007, the Board of County
Commissioners (Board) initiated the legalization of a portion of Ward Road, in Deschutes
County, Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 99-021, the Board caused a
portion of Ward 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, March 31,
1999 at 10:00 a.m. in the Deschutes County Board of Commissioner's Hearing Room,
Administrative Building, 1130 NW Harriman, Bend, Oregon 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 a portion of Ward 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 portion of Ward Road between Stevens Road and Larsen Road 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 a portion of Ward Road, prepared in the course of
legalization proceedings, shall be recorded with the County Surveyor.
Page 1 of 2 - ORDER NO. 99-040
Section 5. Upon proper recording of this Order and the survey of a portion of Ward Road
as provided herein, any records showing the location of Ward Road in conflict with the location
as described herein shall become void.
DATED this 3/ day of , 19qt.
ATTEST:
0,4'. & - 22amoz".
Recording Secretary
Page 2 of 2 — ORDER NO. 99-040
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
LIN A L. SWEARINGEN, CHAIR
TES
_/ , R
l.,hibil Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GEORGE KOLB, ENGINEERING MANAGER 6".4-
SUBJECT.
".4 -
SUBJECT. LEGALIZATION OF A PORTION OF WARD ROAD - ENGINEER'S REPORT
DATE: 03/24/99
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No.
99-021, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion
of Ward Road.
Background:
Ward Road was originally surveyed and established in 1921 (Arthur Ward Road). The final order was recorded
in the Deschutes County Commissioners Journal No. 1, Page 375 on August 13, 1921. Said Order adopted the
alignment for Ward Road as surveyed and shown on the 1921 linen tracing. A copy of the 1921 tracing is
attached as Exhibit "1".
The existing traveled portion of Ward Road, which lies between Larsen Road and Stevens Road, does not follow
the route originally surveyed. Pursuant to ORS 368.201, the Board of County Commissioners initiated
proceedings, through Resolution No. 99-007, to legalize Ward 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] 976 provide evidence that the present location
of Ward Road has been traveled and used for a period of more than 10 years.
Road Location Su
Pursuant to Order No. 99-021, the Deschutes County Road Department surveyed the portion of Ward Road
between Stevens Road and Larsen Road to determine the location and width of the road. The width of the road
right-of-way is determined according to the 1921 Resolution for Road in Commissioner's Journal 1, Page 322,
which states the right-of-way is to be 40 feet in width. The centerline location of the right-of-way was
established to closely coincide with the center of the current traveled way, the original established location and to
maintain consistency with adjacent platted development. The right-of-way width as shown on Exhibit "2"
reflects the original 40 -foot width (20 feet on each side of the surveyed centerline) and includes subsequent
dedications obtained through land use requirements imposed on adjacent land as it developed. The current
requirement for right-of-way width on Ward road is 60 feet (Ward Road is a rural collector)
Quality Services Performed with Pride
Exhibit "A"
Page 2 of 2
Notification and Compensation for Property Affected by Road Legalization:
The Road Department provided notice of the proceedings for legalization of Ward Road, including the March 31,
1999 hearing, by posting and by service to owners of abutting land pursuant to Order No. 99-021.
To date the Department has heard from the following residents:
0 Kay Nelson, 61555 Ward Road: Kay contacted our office to determine what "legalization" meant. 1 called
back and spoke with her husband. I explained that the right of way would be centered on the existing
roadway and that the road would not be relocated from it's existing position. This explanation was
acceptable to him.
0 Mike More, 61542 Ward Road: Mike also had concerns on what "legalization" meant. When it was
explained to him that the road would not be relocated from the existing position, he did not have a problem
with the legalization.
0 Jeffrey Dufour, 61610 Flint Road: Jeff had concerns that the legalization would affect the trees in front of
his property. It was explained to him that the trees will be outside the legalized right of way and would not
have to be removed.
0 Two other residents visited the Road Department concerning the legalization but did not have a problem
after it was explained that the road would not be relocated from the existing location.
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 fled 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 Ward 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. which 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
4. The survey to be recorded with the County Surveyor
Upon the recording of the order legalizing Ward Road, the Road 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.
Exhibit "1"
Page 1 of 2
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Page 2 of 2
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Page 1 of 1
Legal Description for the 1999 Legalization of
A Portion of Ward Road
A 40.00 foot strip of land for roadway and utility purposes located in Sections 1 and 12, Township 18 South,
Range 12 East, Willamette Meridian, Deschutes County, Oregon, lying 20.00 feet on either side of the
following described centerline:
Commencing at the northwest corner of Section 12, Township 18 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, a 2'/z' brass cap in a monument box, thence
along the west line of said Section 12 S00037'32"W 9.28 feet to -Engineer's Station 52+71.25
P.I., a 5/8" rebar with a 2"aluminum cap stamped "LS 2390", the Point of Beginning; thence
N87041'27"E 161.27 feet; thence 218.19 feet along the arc of a 4155.00 foot radius curve to
the right, the long chord of which bears N8901 1'43"E 218.17 feet; thence S89018'01 "E 879.65
feet; thence 138.07 feet along the arc of a 415.00 foot radius curve to the right, the long chord
of which bears S79046'10"E 137.43 feet; thence S70014'18"E 75.98 feet; thence 147.44 feet
along the arc of a 280.00 foot radius curve to the left, the long chord of which bears
S85019'24"E 145.74 feet; thence N79035'30"E 94.60 feet; thence 101.63 feet along the arc of
a 1030.00 foot radius curve to the right, the long chord of which bears N82025'05"E 101.58
feet; thence N85014'41"E 78.57 feet; thence 169.62 feet along the arc of a 1555.00 foot radius
curve to the left, the long chord of which bears N82007'12"E 169.53 feet; thence N78059'42"E
319.76 feet; thence 376.15 feet along the arc of a 215.00 foot radius curve to the right, the
long chord of which bears S50053'06"E 329.98 feet; thence S00045'54"E 196.69 feet; thence
93.95 feet along the arc of a 1745.00 foot radius curve to the right, the long chord of which
bears S00046'38"W 93.93 feet; thence S02019'11"W 371.88 feet; thence 124.74 feet along
the arc of a 500.00 foot radius curve to the right, the long chord of which bears S09028'01"W
124.42 feet; thence S16036'52"W 57.04 feet; thence 124.38 feet along the arc of a 570.00 foot
radius curve to the left, the long chord of which bears S10021'48"W 124.13 feet; thence
SO4006'43"W 224.29 feet; thence 159.01 feet along the arc of a 500.00 foot radius curve to the
left, the long chord of which bears SO4059'56"E 158.35 feet; thence S14006'35"E 105.40 feet;
thence 166.74 feet along the arc of a 615.00 foot radius curve to the right, the long chord of
which bears S06°20'33"E 166.23 feet; thence S01 °25'29"W 775.38 feet; thence 260.52 feet
along the arc of a 164.96 foot radius curve to the left, the long chord of which bears
S43049'08"E 234.28 feet to a 5/8" rebar with a 2"aluminum cap stamped IS 2140" at
Engineers Station 106+92.17 P.C. (which bears S85039'14"E 163.64' feet from the 5/8" rebar
with a 3" aluminum cap stamped "1993 LS 2140" at the center % corner of said Section 12),
the terminus point of this centerline description.
PROFESSIONAL
REGISTERED
t. AND SURVEYOR
OREGON
MICHAEL J. BERRY
JULY 26, 1989
2390
RENEWAL DATE: 12/31/99