2003-830-Resolution No. 2003-043 Recorded 5/6/2003REVIEWED
LE UNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
1111111111111111111111111111111111
2003-000830
CLERK°S U 1003.830
05/06/2003 03:36:50 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings to
Legalize a portion of J.D. Estates Drive, in RESOLUTION NO. 2003-043
Deschutes County, Oregon.
WHEREAS, ORS 368.201 established County authority to initiate road legalization
proceedings; and
WHEREAS, J.D. Estates Drive in Deschutes County, Oregon has been traveled and used for
more than 10 years; and
WHEREAS, there is some doubt, either through omission or defect, as to the legal
establishment or evidence of establishment of J.D. Estates Drive; and
WHEREAS, the Board of County Commissioners seeks to legalize J.D. Estates Drive
according to the process established by ORS 368.201 to 368.221; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Proceedings for legalization of J.D. Estates Drive located in Deschutes County,
Oregon, as shown in Exhibit "A" attached hereto and incorporated herein, are hereby initiated
pursuant to ORS 368.201.
DATED this _J � day of , 2003.
ATTEST: /
f-
5,
Recording Secretary
Page 1 of 1 - RESOLUTION NO. 2003-043
BOARD OF GOUNTY COMMISSIONERS
OF DESC ES COUNTY, OREGON
DENNIS R. L6tKE, CHAIR ,
TOM'DEWOLF,
MICHAEL
NER
MISSIONER
PROPERTY DESCRIPTION
A tract of land containing 0.76 acres lving inthe 'NW1A Section 14, T.17 S., R.12 E.,
W.M., Deschutes County. Oregon, and more; particularly described as follows:
BEGINNING at the NW1/161h corner of said Section 14, T. 17 S., R.12 E., said point
marked by a 5/8" iron rod with a plastic cap marked"FE DESERT ENGINEERING
LS 580", and said point also being the southeast comer of J -D Estates;
Thence S'00°07'48"E`along the north south centerline of the NW1/4 of said Section 14,
169.94 feet to a 5/8" iron rod with a plastic cap marked `Bryant LS 920";
Thence around a 180.00 foot radius curve right 120.4' fPet;(long chord bears
S 19002'! 6"W 11`8.20 Let to a'5/R" iron rod with a plasticf'w.p :marked "Br�Tant
LS 920";
Thence around a 120.00 foot radius curve left: 211.30' feet (long chord bears
S 12014'14"E 185:04 feet) to a 5/8" iron rod with a plastic cap marked "Bryant
LS 920" , said point lying on the north south centerline of the NW1/4,_of said
Section 14:
Thence S 00°07'48"E, along said north south centerline 52.61 feet to a 5/8 ironrod with
a plastic cap marked "Bryant LS 920", ;said point lying on the westerly right of way of
Deschutes Market Road;
Thence along said' right of way around a 475.29 foot radius curve left 2.67 feet (long
chord. bears S 10°40'00"W`2.67 feet) to a 5/8" iron rod with a plastic cap marked `Bryant
LS 920";
Thence around a 1428.95 foot radius curve left `9.02 feet (long chord bears S 10°17'1 6"W
9.02 feet) to a:5/8"iron rod with a plastic cap marked `Bryant LS' 920";
Thence leaving said right of way and going around a 180.00 foot radius curve right
344.71 feet (long chord bears N 16°39'24"W 294.40 feet) to a 5/8" iron rod with a,plastic
cap marked `Bryant LS 920";
Thence around` a 1.20.00 foot radius curve left' 80.30 feet (long_ chord: bears
----- - N-19°02' 1-6''E 7 -8. -80 -feet) -to a: -5/8' -'-iron rod -with -a -plastic -cap -marked -"Bryant -----
LS 920":
Thence N 00°07'48"W 169.96 feet to a 5/8" iron rod with a plastic cap marked "Bryant
LS 920", said point lying on the east west center line of said NW1/4 of said Section 14
and also being the south line of J -D Estates;
Thence N 89°53'52"E along said centerline and the south line of J -D Estates 60.00 feet to
the point of beginning of this description.
Exhibit "N'
J is i— �T
Page 1 of 3�
a J �•ll
A
sco�e i = 60
FNE' 1 12
1pc�j ROD
332.2J'
(J32.26')
p Lj
CVR�,E TABLE
N�.
Radi's
e"c
Choro
Chord 5�wmq D�ltc
1
120.00'
80.30'
7B.B0'
N 19'02'16 "E. 35'20'07"
2
3
80. DG,
80. 00'
95.07'
249.6�'
93-9�:
2 3 6. 1 i�
S23-04 57:��V. 30-14'4,1
s-. 7 1'4 6 *4 6 E, 79'28'48
G
��0�00'
120.4 3,
1 18.20'
S. I Q'02'I 6 "IV. 38'20'07"
5
p Lj
CVR�,E TABLE
N�.
Radi's
e"c
Choro
Chord 5�wmq D�ltc
1
120.00'
80.30'
7B.B0'
N 19'02'16 "E. 35'20'07"
2
3
80. DG,
80. 00'
95.07'
249.6�'
93-9�:
2 3 6. 1 i�
S23-04 57:��V. 30-14'4,1
s-. 7 1'4 6 *4 6 E, 79'28'48
4
��0�00'
120.4 3,
1 18.20'
S. I Q'02'I 6 "IV. 38'20'07"
5
54. ' -Y
54.26'
0.2�'03'23"E. 26'07'59'
6
�Q.00'
0.00'
15 6.5 7'
145.69'
N. 25 * 18'T 1 1V. 7 4A 5'06
7
475.29'
2.6 7'
2 67'
N. 10'4 0'00 "E. 00' 19, 19
8
1428.95'
9.02'
9.02'
N. 10' 17' 16 On'21 '42"
9
10 1
1423.9,"
1428.95'
121�12�
5 O� 1
'-P
5.11�
3
S.04'59'J8"W 00,36,14"
FNO. PAtL RCAD 15 FO
SPP<E DESCH
N 00'3 7 -5; �l S 04,f5
15�0.5' — 16,;3
rp,ID� 5 P" Fpjo, f
;RON ROD N 8P'56'5�51 iFUN POD
CS02392 TJ2.90' --,0�3-92
39'48'44"W) 554.46'
272 23'
FN[l. 1 2"
f-.oll Pon
:Z NV, T,'16TH
r, FND. 5/8" IPCII!
ROD WITH PL47TIC
CAP MARKED
HI DESERT
ENGINEERING
LS 540"
7- INITIAL
3j2.23' ' (332,26) —60.00' POINT
LLJct
c�
LINE TABLE
I L— i:� -
f"Ce I , 1 .1 -,,
07'48"E 2-
2 L
N.796,-35"4i�fglV� 1 9014
L'i
C)
PARCEL 2
AREA
GROSS = 2.52 ACRES
NET AFTER J -D ESTATES ROAD 2.04 ACRES
L2
POB VOL. 2002
PG. 66912, DES.
CO; OFF REC.
20 WIDE PWER-
Z_-
t, LINE EASEMENT
C2 0/
2
VOL.1 2002 PAGE
6 7 .3, DES .
N 89'50'05"E CO, OFF. EEC.
331.93'
EASEMENT FOP
209.03' 60-92'( EGRESS
INGRESS
POE3 V01. 2001
, .0. l0i�;, DES.
Co. 13FI. REC,
10' WIDE PO�VEP-
Q) I LINE EASEMENT
C6
-P—AR-CEL---*I--
AREA
Z\
GROSS = 2.52 ACRES
NET AFTER J -D ESTATES ROAC
AND DESCHUTES MARKET ROAD 2.20 ACrES
C91 I
nECCjiUjF-, hORVET
LDNG
FOIE , �F
qOAD EASEMENT POOK !36, i�AGE 738
S CUU,',111 OEED R�COPCS c: 0
�3 7 11 6 7'
E 5 63. 2 8'
Exhibit "A"
Page 2 of 3
Legalization of a Portion of JD Estates Dr
17
End of
Legalh
Beginning of
Legalization
400 0 400 800 Feet
Key I
® Area of Legalization
County Roads
Taxlots Exhibit "A"
Page 3 of 3
The information on this map was derived from digital databases on
Deschutes Countys G.I.S. Cera was taken in the creadan of this
map. Desdwhn County comet accept arty responsibility for errors,
omissions, or positional accuracy and therefore. there are no
warranties which accompany this proditct. However, noti5eabon of
env errors will be amraeiamd.
c:\data\varcievAroaddept\georgeydestates\legalization.apr
April 30, 2003
DESCRUTES COUNTY
ROAD DEPARTMENT
GLS DIVISION
John anon, cls &rci ft t
Pdare:f541) BB&8561, amaB: jahna[idesdmma.orp
811511S.E.271h St, Bene, 0R 87702
�0 E s c0
Road Department
X -�
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
SUBJECT: LEGALIZATION OF JD ESTATES DRIVE
DATE: 4/29/2003
CC: RICK ISHAM, LEGAL COUNSEL
Before the Board for consideration of signature is Resolution No. 2003-043, initializing legalization proceedings for a
portion of JD Estates Drive and Order No. 2003-056, directing the portion of JD Estates Drive to be surveyed and
setting a public hearing for June 25, 2003. A vicinity map is attached to each document.
Discussion:
During the land use process for the partitioning of tax lot 171214BC00100, it was discovered that the portion of JD
Estates Drive between Deschutes Market Road and JD Ranch Estates Subdivision located entirely on 171214BC00100
had never been deeded to the public or accepted as right-of-way by the County Commissioners. Through review of
County documents from 1978, it appears the County intended to establish all of JD Estates Drive as a public right-of-
way but the portion between Deschutes Market Road and JD Ranch Estates Subdivision was left off of the final order.
Discussion with County Legal Counsel indicated that the legalization process would be the best way to clear up the
status of this portion of JD Estates Drive. This situation would fall under ORS 368.201 (1) which states:
A county governing body may initiate proceedings to legalise a county road under OKS 368.201 to 368.221 if any of the following
conditions exist.•
(1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.
The legalization process involves the following:
1. A Resolution (No. 2003-043) is signed by the Board of County Commissioners that initiates the proceedings to
legalize JD Estates Drive from the Deschutes Market Road to the southerly boundary of JD Ranch Estates
Subdivision
2. Signature of an Order (No. 2003-056) which:
0 Initiates the survey of JD Estates Drive
0 Requires a written report from the Road Department that includes the survey of JD Estates Drive and any
information required by the Board
0 Sets a public hearing on June 25, 2003 before the Board concerning the legalization
0 Causes notice of the legalization process be provided to the public by posting, publication and service to
abutting landowners.
Quality Services Performed with Pride
3. Signature of an Order after the public hearing which:
0 Accepts the Road Departments report
0 Determines the status of JD Estates Drive legalization based on the public testimony and the Engineers report
submitted by the Road Department.
4. Upon approval by the Board, a right-of-way map is filed for JD Estates Drive at the County Surveyors office.
Recommendation:
The Road Department recommends signature of Resolution No. 2003-043 and Order No. 2003-056 allowing the
legalization process to begin.
2