2003-831-Order No. 2003-056 Recorded 5/6/2003REVIEWED
,C7--*,
LE AL UNSEL
DESCNUTES COUNTY OFFICIAL
NANCY BLANKENSNIP, COUNTY
COMMISSIONERS' JOURNAL
203 000831 RECOR C ERKDS CJ 2QO3■8J,
IIIIIIIII IIII
11111111111111111
0510612003 03:37:30 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Causing a portion of J.D. Estates
Drive in Deschutes County, Oregon to be
Surveyed, Causing the County Road Official
to File a Report on the Matter and Causing
Notice of the Legalization Process for J.D.
Estates Drive to be provided and setting a
date for a public hearing, and providing for
public notice of said hearing.
ORDER NO. 2003-056
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2003-043, the Board of County
Commissioners initiated the legalization of a portion of J.D. Estates Drive, in Deschutes County, Oregon;
and
WHEREAS, the Board of County Commissioners seeks to undertake proceedings to legalize a
portion of J.D. Estates Drive according to the requirements of ORS 368.201 to 368.221; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS FOR DESCNUTES COUNTY, OREGON ORDERS
as follows:
Section 1. That a portion of J.D. Estates Drive located in Deschutes County, Oregon, as shown
in Exhibit "A", attached hereto and incorporated herein, be surveyed to determine the location and width of
the road according to the laws governing the width of roads at the time J.D. Estates Drive was originally
established, including road right of way subsequently dedicated to the public in conjunction with adjacent
development.
Section 2. That the County Road official file a written report with the Board of County
Commissioners including the survey required by Section 1 herein and any other information requested by
the Board.
Section 3. That a hearing before the Board of County Commissioners shall be held on
Wednesday, June 25, 2003 at 10:00 a.m. in the Deschutes County Board of Commissioner's Hearing
Room, Administrative Building, 1130 NW Harriman, Bend, Oregon for consideration of information
contained in the County Road official's report as well as any information that controverts or supports
matters presented to the Board in the course of the legalization proceedings or that alleges any new matter
relevant to the proceeding.
Page 1 of 2 - ORDER NO. 2003-056
Section 4. That notice of the proceedings for legalization of a portion of J.D. Estates Drive,
including the hearing set by Section 3 herein, be provided by posting, publication and by service to abutting
land in a form that substantially conforms with Exhibit "B", attached hereto and by this reference
incorporated herein, pursuant to the notice requirements established by ORS 368.401 to 368.426.
DATED this.-' day of , 2003.
BOARD OF C99NTY COMMISSIONERS
OF DESCH S COUNTY, OREGON
IS R. LUKE,,C+
ATTEST:
( 9
~~-v
Recording Secretary
TOM DEWOLF, COMWSSIONER
MI HAEL M. DALY, CO ISSIONER
Page 2 of 2 - ORDER NO. 2003-056
Legalization of a Portion of JD Estates Dr
End of
Legaliz
ation
1-1 18 RE)
a
TAXLO
17121
#
800010
e
Beginning of
lization
400 0 400 800 Feet
Exhibit "A"
Key
® Area of Legalization
County Roads
Taxlots Exhibit "A'
Page 3 of 3
April 30, 2003
The information on this map was der'wed from digital databases on
Daxctwtas County's G.I.S. Care was taken in time creation ofthis
map. Desdwtas County cannot accept any responsibi ity for errors,
omissions, or positional accuracy and, therefore, there are no
warranties which accompany tins product. However, notification of
env errors wN be aooreeieted.
c:\data\varciew\roaddept\georgeldestates\legalization.apr
d DESCHUTES COUNTY
ROAD DEPARTMENT
GIS DIVISION
Jahn A.&-.. CIS gpscidirt
Phone:(541)3888581,-.1:lahn.@d..h m.mg
81150 SE 27th S4 limy OR, 87702
EXHIBIT A
PROPERTY DESCRIPTION
A tract of land containing 0.76 acres lying in the NW 1 /4, 'Section 14, T.17 S.; R.12 E.,
W.M., Deschutes County, Oregon, and more particularly described as follows:
BEGINNING at the NWl/161h corner of said Section '14,'T.17 S., R. 12E., said point
marked by a'5/8"iron rod with aplastic cap marked "HI DESERT ENGINEERING
LS 580", and said-point also being the southeast corner of J-D`Estates-,
Thence S 00°07'48"E `along the north south centerline of the NW 1/4 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 120.403 feet;(1long chord bears
S 19002'16"W 118.20-:feet to a"VV iron rnrl xitlh n plagfin rate rnnrl{eMl "Rrvant
LS 920'';
Thence around a 120.00 foot radius curve left 211.30 feet (long chord bears
S 12°14' 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 NW /4, of said
Section 14:
Thence S 00'07'48"E along said north south centerline 52.61 feet to a5/8"iron rod 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 aplastic cap marked "Bryant
LS 920;
Thence around` a 1428.95 foot radius curve left 9.02 feet :(long chord bears S 10°17' 16"W
9.02 feet) to a 5/8" iron rod wither plastic cap<marked '"Bryant LS 920";
Thence leaving said right of way and going-around a180.00 foot radius cur•Ye: right
344:71 feet (long chord bears N16°39'24"W 294.40 `feet) to a.5/8" iron rod with a plastic
cap marked "Bryant LS-920';
Thence around `a 120`.00 foot radius curve left 80.30 feet (long chordbears
-N-19°02'-16'-?E 7-8:80--feet)-to a 5/81' iron rod-with -a-plastic cap-marked-"Bryant- - -
LS 920":
ThenceN 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 "A" /
Page 1 of 3 ! N'
r R
P':r,-1niiLi ' !3i zivN
F; r0. 1 2
r:Do Fen
n
7\ ~ !L
I I ~ No. Raaius Arc Chord Cho,d bearing Delta \
I~Iullli G _
1 120.00' 80.30' 78.80' N. 19'02'16"E. 36.220'07"
p
- 180.00' 95.0_7' 93.92' S.23'04 57-W. 30"74'44" m
PIORTI 1 3 780,00' 2"49.6;' 230.15 5.31'4646°E. 79'28'48
~cole I" = 60' 4 780.00' 100.43" 718.2G S. 10'02'1 HIV, 38'20.07
5 120.00' 54.:3' 54.26 N?5'08"23"E. 26'07'59"
6 120.00' 156.57' 145.69' N. 18'7 1 "W. 74'45'06" eI
7 475.29' 267' 267 ' N. 10',10'00"E. 00.19,19.'
8 1428.95' 9.02' 9.02 N.10'?7'16"E. OO'27'47" NW 7/16Th'
9
1429.95' 120.82' 120. 7A' 5.0;'4_'1.15 "It'. p4'S!1'30•• r, FND. 5;'8' fPCrl
1 9 1428 95 o ROD WITH PLASTIC
15.06' 75.06' 5.64'59'33 °N'. 00'30'!4° o CAP MARKED
FrrC'. 1 !2" "H7 DESERT
ENGINEERING
IRON ROD LS 540"
_ 'r " °5'ST' (i+( 8C'46'44 "Vl) 66.1.46 (664.53')
272.23, T ( y- IrlINAL
60.00' POINT
33<"".<3' 332.23 (33226) y
(332.26')
rn I L'i
b I O
LINE TABLE W
ff~lpistance a00Ta8"E 61.82' O1
. 79'35'41'W. 10.14' I W I e n
O I ~ I I b ip
I O Y
m O
PARCEL -2
AREA f
m /
m GROSS = 2.52 ACRES I
`O NET AFTER J-D ESTATES ROAD = 2.04 ACRES C l / L I
N b / I
b
1.2
r
r % _ A POB VOL. 2002
PG. 66912, DES.
/ F / C 4 CO. OFF. RE;..
20' WIDE POWER-
LINE EASEMENT
C2 0
m
/tip / m
m /
CS VOL. 2002 PAGE
64713, DES.
N 89'50'05"E 331.93' I / CO. OFF. PEC.
MENi
209.03" i60.52'r 67.98' 7 E4SE
EGRESS 8FOP
INGRESS
J P06 VOL. 2001
PG. 1001, DES.
g o \
/CO. OFF. REC
\ 1 / 10' (VIDE POWER-
LINE EASEMENT
\ \ \C6 ~ mry
W p W
- a---- I-- ---PARCEL--9----------C3\--`'
b AREA \ \ In
vl GROSS = 2.522 ACRES
NET AFTER J-D ESTATES ROAD\
AND DESCHUTES MARKET ROAD = 2.20 ACRES v1
\ PCC
I `r8
a
C O
Cj by
DESCHUTES MARKET ROAD
rnrc OF en ir, m.ir I I~
FND. °411. RCAD i 5
SPIKE FOOT ROAD ELEEI P001< 1B6 PAGE 738
DESCHUTES IT
COUNIY CEEn RECORDS J i
37767' r7G V
331.64'
150.053 1 '45JlYj '1 3 ~E:',55,'51 E N ti9'481'°E 663.28" 19.97'
r-ND. 5,'8" FND. 'S„
6RoN R00 N 89'56'551 IF.UN F.OD
cS32392 33z.90' =50392 Exhibit "A'•
Page 2 of 3
EXHIBIT "B"
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD LEGALIZATION HEARING
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON JUNE 25, 2003, AT 10:00 A.M. IN THE DESCHUTES COUNTY
BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 NW
HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD LEGALIZATION 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.
There is some doubt, either through omission or defect, as to the legal establishment or evidence
of establishment of J.D. Estates Drive. Deschutes County has initiated proceedings to legalize a
portion of J.D. Estates Drive located in Deschutes County.
Persons interested in obtaining more detailed information or a map of the proposed
legalization may contact George Kolb at the Deschutes County Road Department, 61150 S.E.
27th Street, Bend, Oregon, (541) 322-7113.
ORS 368.201 to 368.221 provides authority for road legalization.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
PUBLISHED: June 5, 2003 and June 15, 2003
POSTED: June 5, 2003
MAILED: May 26, 2003
RTES C
Dosed Department
AVA ' .
6,1150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: BOARD OF COUNTY COT`SIISSIONERS
FROM: GEORGE KOLB, ENGINEERING MANAGER
SUBJECT: LEGALIZATION OF JD ESTA'T'ES 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 171214B000100, it was discovered that the portion of JD
Estates Drive between Deschutes Market Road and JD Ranch Estates Subdivision located entirely on 171214B000100
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 ;overninb body may initiateproceedi bs to leaa/ ti a count, road under OB j 368.201 to 368.221 f any of 'th. e follo+vin~
conditions exist.-
if, through omission or deject. 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 Coun[ 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 TD 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, 2-003 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.
'~~ynor,ne~ "vit'~ '~irte
01,
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.