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2003-979-Order No. 2003-057 Recorded 6/26/2003REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS rr NANCY BLANKENSHIP, COUNTY CLERK Vd ~~~~-919 LE UNSEL COMMISSIONERS' JOURNAL 06/Z6/Z003 09;51;03 AM IIIIIIIII IIIIIIIIIIIIIII~II I III 2003-979 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Completing Legalization Procedures that portion of J.D. Estates Drive ORDER NO. 2003-057 located in, Deschutes County, Oregon. WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2003-043, the Board of County Commissioners (Board) initiated the legalization of a portion of J.D. Estates Drive, in Deschutes County, Oregon; and WHEREAS, pursuant to ORS 368.206, and by Order No. 2003-056, the Board caused a portion of J.D. Estates Drive 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, 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 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 J.D. Estates Drive, 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 J.D. Estates Drive lying in the NW '/4, Section 14 Township 17 South, Range 12 East, W.M. in Deschutes County, Oregon, is hereby legalized as shown on Exhibit "B", attached hereto and by this reference incorporated herein. Section 3. That this Order shall be recorded with the Deschutes County Clerk. Page 1 of 2 - ORDER NO. 2003-057 Section 4. That the location of this portion of J.D. Estates Drive as shown and monumented on Minor Partition 02-23 shall be the official survey for this legalization. Section 5. Upon proper recording of this Order and Minor Partition 02-23 as provided herein, any records showing the location of this portion of J.D. Estates Drive in conflict with the location as described herein shall become void. go, - day of , 2003. DATED this C BOARD OF COUNTY COMMISSIONERS OF DESCH TES, COUNTY, OREGON DENNIS R. LUKE, CHAT ATTEST: TOM EWOLF, COMMISSIONER Recording Secretary MIC AEL M. DALY, MMISSIONER Page 2 of 2 - ORDER NO. 2003-057 ,TES 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 e-- ' t C SUBJECT: LEGALIZATION OF J-D ESTATES DRIVE FROM DESCHUTES MARKET ROAD TO THE SOUTH BOUNDARY OF J-D RANCH ESTATES DATE: 6/16/2003 CC: RICK ISHAM, LEGAL COUNSEL Before the Board for consideration of signature is Order No. 2003-057, completing the legalization procedure for a portion of J-D Estates Drive. A vicinity map is attached showing the location of the portion of J-D Estates Drive to be legalized. Discussion: Research done on the portion of J-D Estates Drive from Deschutes Market Road to J-D Ranch Estates Subdivision showed that the road had never been dedicated to the public or established as a County Road although the road has been maintained by the County for over 10 years. On Wednesday, May 7, 2003, the Board signed Resolution No. 2003-046 and Order 2003-056 which initiated the legalization proceedings for a portion of J-D Estates Drive. Notice of the legalization process was provided to the public by posting, publication and service to abutting landowners. Order No. 2003-057 completes the legalization procedure contingent upon the public hearing. The Order includes the following information: 1. Exhibit "A" - Engineers Report with the following exhibits: 0 Exhibit "1" -Warranty Deed Vol. 256 Pg. 190 between Henry E. Gastman and Harley - Kerr, Co., Inc. 0 Exhibit "2" - 1978 Resolution and Order pertaining to J-D Estates Drive 0 Exhibit "3" -Dedication deed from Dennis Kerr dedicating this portion of J-D Estates Drive and subsequent Acceptance by the Board of County Commissioners. 2. Exhibit "B" - Legal description for the legalization of a portion of J-D Estates Drive Recommendation: Contingent upon testimony and findings presented at the public hearing, the Road Department recommends Board approval and signature of Order No.. 2003-057 legalizing a portion or J-D Estates Drive. Quality Services Performed with Pride Legalization of a Portion of JD Estates Dr WT J W End of Legali u ~ ation UU p TAXLO 17121 # B00010 Beginning of Legalization 400 0 400 800 Feet Ke ® Area of Legalization County Roads Taxlots April 30, 2003 The information on this map was dwimed from aytal databases on Deschutes Countys G.I.S. Care was taken in the creation of this map. oesdtutes County canna accept army responsibility for errors, omissions, or positional accuracy and therefore, there are no wanerroeswhich accompany this product. However notification of env errors will be aooreciated. c:\data\varcieMroaddept\georgeydestates\legal izatio n.ap r DESCHUTES COUNTY ` J ° + ROAD DEPARTMENT GIS DIVISION .I.hn Aw rzun. CIS snecalizt l A l l m~ rnluw.unl es~ f w,.+-001):111N 1iSH I.emed:I~~~nia li I till L %/iii Sr., Ilvnil. IIlt :I//~r% ,TES 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 SUBJECT: LEGALIZATION OF A PORTION OF J-D ESTATES DRIVE - ENGINEER'S REPORT DATE: 6/16/2003 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 J-D Estates Drive. Background: In February of 2003, the Road Department was contacted by Dick Bryant, P.L.S., concerning the status of J-D Estates Drive between Deschutes Market Road and the south boundary of J-D Ranch Estates Subdivision. Dick was working with the owners of tax lot 171214BC00100 who were in the process of partitioning their property. Research conducted by the Road Department found a warranty deed for this portion, Vol. 256 Pg. 190, between Gastman and Kerr that stated, "It is the intent of the parties that any road constructed on the above described property be dedicated to the public." This deed did not create a public road and no subsequent dedication for this portion of J-D Estates Drive in on file at the Clerk's office. A copy of this deed is attached as Exhibit "I". In the 1978 County Commissioners Journals there was an establishment of J-D Estates Drive. The Resolution for this establishment included the portion of J-D Estates described in the warranty deed but the Order only established the portion of J-D Estates Drive located in the J-D Ranch Estates Subdivision. A copy of the Resolution and Order are attached as Exhibit "T' Discussion with Deschutes County Legal Counsel indicated the best way to clear up the status of this portion of J-D Estates Drive would be to do a legalization of the road. The road has been in use and maintained by the County for over 10 years. In order to allow the owners of tax lot 171214B000100 to proceed with their partition and subsequent sale of property, it was decided to have a deed of dedication drawn up and signed by Dennis Kerr, successor-in-interest to Harley-Kerr Co. This dedication deed was accepted by the County Commissioners on May 28, 2003 and is attached as Exhibit "3" Road Location Survey: Order No. 2003-056, Section 1, directed that the portion of J-D Estates Drive to be legalized be surveyed to determine the location and width of the road. This survey was completed by McCullough, Bryant & Associates, Inc. as part of Minor Partition 02-23. This survey and legal description are attached as Exhibit "B". Notification and Compensation for Property Affected by Road Legalization: The Road Department provided notice of the proceedings for legalization of J-D Estates Drive, including the June 25, 2003 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2003-056. To date the Road Department has not had any formal complaints or comments concerning the legalization of this road. EXHIBIT "A" Page 1 of 11 Quality Services Performed with Pride 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 J-D Estates Drive 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. This will be completed as a result of Minor Partition 02-23. 3. The survey to be prepared in compliance with ORS 209.250 4. The survey to be recorded with the County Surveyor 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 "A" Page 2 of 11 :rF aT sky- j'`~ ~,!Mx~m'v y •we""!~' q,- r 6. ',~:-aa~~.•c~r''.^..,"`Y..•.~.~',~r~~°: -w~~,Y~`r _'~9~ .rmaz.. ~.tirs .ht.1."'I ~e + J~,``•'Y°"r"F-•~~"n~ia&z-i~xr .%2i+.ifYb..~~s.t'.Jr ra...e { rd~.a xe'~4•~!~ahL, 'k ftns~i4.rtiR{r.,. ,s .'~w.... fr d~ ~ i~.6'L"~__i'.. ' ,ro r +Y (^i ( ~ ~ die.. r t a. 2 1 L ~l EXHIBIT "A" Page 3 of 11 Jos V~raaa.ai• rtetn ~ r._ c«s-•.•.• ~ 1 "1 t wAxe"tr D"O ; K:VOi4' ALL AtEN H)' Tti'SE PM« y E.YTi. Thattj,t/ i .~/S~S,.•J:/I~1/ N g ~rG~ f rises irraltet caiird t)M grnnru tw the v..:.rnt.orr tocrrrnaJtrr .rnr.d to 4tanr ;r peal hr- Nil rtinaffer calhd tAs Aranhr, doe- hereby gram. bar/rrn, se l: aM co-_ r,ntc, rlr said gram-. arv_t gr-t-', i:errs, succesaors and l arsi*w, that CoMwn real pruprrri . with ins tw nt., h.•..-.Jrrnr*Yrat and appu: rr:.arrcr therrurf., belon pro or op- ? PlietAi". situated in rhr Court o/ i ,j ~:;r•'S. C.- •dT%S nr-.? ';•arr d drs..nbrd as /ol!psr•s, to-wit: to SAC! ..Yf.K:tr.:. `•ra.;e mmt'•on _ C~ aP-t I11 l:pr. . To Have and to Hold the sears unto the said grant Pe and tranteer s hrrrs, successors and assigns forever. And acid i1ratstor hereby corensrtts to and •nth said grarxee and gran" s barn, successors and assigns, that Arinfor is /Awfully [wised m fee simple of the above :ranted premises, free from it": rncvmbrances oC- and that *r"MW will warrant and forever defend the sail premi- and evrry part and parcel ttr_reol agrinst the lawful claims and deasanda of all persoru whomsoever, except those claiming under the a,»ve drscrtbed trrcumbrsncre. The true and actual eortsiderarion paid for this transf-r, .tared in terms of dcllars, is j CDHo+vver, the actual consideration cowers of - inelud- ther prnperrr or value given or promised which is p•tf of rA. mrima*ration (indicate which). '(T)„ w.v_ h.r_ err eyarbo:.:" it nor enotieab4...hcu7d b. d.r.r.d. Saa ORS 93.2.10-) In earsstruing this deed and where the context st, require. the a regular includes the plural and all grammatte.J changer shall be implied to makes the provisions hereof Apply :Icy u c rpcret c•ns end to individuals. in Witness Whe"of, the grantor has exnutrld !1'rs instr nr ! v /2 day of -1""4", .f , 1977 corporate grantor, it has caused its tar- :o be .rgrn l and se-i aYhy,,d by its cltrcrrs, dv authorised thereto by order of its board of directors. ~..aN n. arfw,, I /y td ir / 01441, STATE OF ORLr C.aarry d STATE OF OREGCY• Corny of • I9 P.r.woel!Y .7O+++ed sod who, being duly sworn, ..,h fa h--4t sad roe one for th. whir, did my that th. beset is tho prwd.nt and that few latt.t is Noe tacr.tery of r t t ocxnow!rdgrd rh. loregorne rnrrv- rd th.r fh. .raJ •if a PwdfMion, o a to the !«e•g.,.rt imtrunr.nt it th oorporaM reef 4- v~fO 6e -1-1- If ...t .f...7 and th.t -,d ,r..trun.•nt - sif..d arrl►sak J in b- .16 . r _ eulf of -id ;upo+•rm br •l.rirr of rte board of drug-.; and a -h ot. fh.m ~ewii~j.d a.,d ,rrr.urne•nr to tw• its rolvnl.rf. -ct erd dewd. ~$P~)Df(I,IICJIYAL~?~~A/-L~ (OFFICIAL l,_~ . it t)r uNary Public f« Or a&ZZ notary Public for Or.`n.i SEAL) . li )WY rxmnJ•ron erpirrr ~ !dy corswoi.•iun at 1i p.r.r: 11 t: . r / i i i F Exhib Page of 2 STATE, OP OREGON. ~>E C'KmtY 1 certify that the within in.tru- merit .yes recxf for 1-cond on the "'day ul~ 1977 . At : y rl:x•k 1V , and r«.nrded n N. A 1 SG of ~aiu if V'3 or as hie reel number .9 i A% s . c~ s ~t n. 4a gsb1ti 4 e {'-mil 3y ' cS}v i err ~ . 2 ~ A ti - 4 f cam, r i•ry y c -mod EXHIBIT "A" Page 4 of 11 i _ A 1 ° rr e: the 11i11imatt9 {"!erS z zne aCll t2 to ul.arly ile Partic- "lore ac-±agd aII r. ollnsrs: '16 8egiurtlnp_ at t, lprt ~ s~± ft) of -he : _ v,. st Are ^:rres- c ' ne-q-rtor Wsat 't} on la; :hence ~ a or ' 2:: ~~eace "'Ot ene-gMarter (d) of h~ °a! i_ of Lh e S-Ut:h- to the ri • ht of eai Sq--ti, t~ of s "0 r a J $ f *xd as c J.30 foot , ar r, ~4 '7 r c .ot a ~ a _a8 to the t - -rrp~ t-rl , ,3 y crt'xe-sr ~ ar r _ of the the - of the 'ne-Tiar er the Point Yor M„ , 9 Por,-. r , o utilitlaa, all 'far th e atit Or ~tOrth~[e9't, ore-q,zss'ter ~ l,H ~ ? v f or ~n'`"'~+ °•."-~rt.br 1 of "e pqr+!"s that $ O It 1.1 the te3 C^ -an nrn;Perty be dhdic t ed , th, a th Exhibit 'T' Page 2 of 2 i 3'Y Sz r+ h t I IN E BOARD OF COUNTY C01MMISSIONER EXHIBIT "A" Page 5 of 11 0" THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES It e. Matter of the ) Establishment of All of J-D ) R E S O L U T I O N Estates Drive ) Be It Remembered, that at a term of the Board of County Commissioners, begun and held at the County Courthouse in Bend, in said County on this 19th day of July, 1978 and continued from day to day thereafter to and including the date of the Resolution the same being a term of said Board of County Commissioners sitting for the transaction of County business, and at which time. said Board of County Commissioners may, by Resolution, propose any county road, the following among other proceedin.gs was had, to-wit: WHEREAS, it is hereby considered that a public necessity exists for the . establishment of the road hereinafter described, said Board of County Commissioners does hereby declare its intention to establish a county road in Deschutes County, Oregon, by Resolution., described as follows, to-wit: A strip of land for street purpose, All of J-D Estates Drive, being 60.0 feet in width as platted on the official plat of J-D Ranch Estates as recorded -in the office of the County Clerk, Deschutes County, Oregon. And that portion of right-of-way described in attached deed (Volume 256, Page 191) NOW, THEREFORE, IT IS HEREBY ORDERED that the County Roadmaster or his duly qualified deputy, shall give notice of this Resolution by posting true copies thereof, properly certified to by the County Clerk, at the place of holding County Court and also at three public places in the vicinity of said proposed road thirty days previous to the consideration of this Resolution by the Board of County Commissioners, notifying all persons concerned that said Resolution will be considered and passed upon by this Board of County Commissioners at a meeting on the 6th day of September , 1978 at which time the Board of County Commissioners will consider any objections or remonstrances which may be filed on account of said proposed road. Dated at Bend, Deschutes County, Oregon this day of , 1978 S£. onnt; of )eachutes ) i cezffly that the foregci.ng,-~ u~i e L-v, y ',as ilaa;x oampared with the ui;gi ft , and that it i- o. corrsct transcript theref c=' and Cif tii v - We of such c' rc: :.-.F ecord at , r, Su 1 may"/~ __3J7 7.. DESCHUTES COUNTY BOARD OF COMMISSIONERS: Chairman .,40 ~'.A4 OmmiSsioner Commi ss i one-r - EXHIBIT "2" Page 1 of 2 EXHIBIT "N' Page 6 of 11 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES In the Matter of the ) ORDER F.STABLTSHING ESTABLISHMENT of ) All of J-D Estates ) Drive of J-D Ranch ) Estates rt 208 fwW;~ zi~c3933 BE IT REMEMBERED, that at a term of the Board of County Commissioners of Deschutes County, Oregon, begun and held at the County Courthouse in Bend in said County on the July 19, 1978, the same being a term of said Board of County Commissioners sitting for the transaction of County business, at which time the Board legally, by Resolution, proposed the establishment of the above mentioned road. THAT on the said 19th day of July, 1978, the Board did consider that a public necessity existed for the establishment of said road hereinafter described, and did order that legal notice be given, and appointed September 6, 1978, as the day of hearing on the establishment of All of J-D Estates Drive, of J-D Estates Subdivision. And now, at this time it appearing to the Board that due notice of this intention and this proceeding has been given, as by law required, for more than thirty (30) days preceding the day named in said Resolution and said notice for a hearing hereon; and this being after the date for hearing objections to such establishment, if anytherebe, and there were none. IT IS THEREFORE ORDERED AND DECREED that said road described below shall be established as described in said Resolution and by Order herein as follows, to wit: A strip of land for street purpose, All of J-D Estates Drive, being 60.0 feet in width as platted on the official plat of J-D Ranch Estates as re- corded in the office of the County Clerk, Deschutes County, Oregon. NOW, THEREFORE, IT IS FURTHER ORDERED that the Deschutes County Surveyor shall file a plat of said road, as surveyed on the ground, with the road records of Deschutes County. Dated at Bend, Deschutes County, Oregon this G.arday of 101,b' 76- 1c DESCHUTES COUNTY BOARD OF COMMISSIONERS C irman -----r ommiss i o n e r -At J dipm-ey A 4e Commissioner EXHIBIT "2" Paqe 2 of 2 ✓...w v...✓.- vv VL+_. i111J EXHIBIT' ' 1 Page 7 of 11 RE-VIE-1NFo 4 LEC C UNSEL Aftctr recording rctum to: DosehUtor, County Road DL*pt. 01150 S.E. 27"' sitect Vend, 6moon D7701 11!!1 11V. J`t1 4uv VWJV C. V1 NANCY 1UTES COL. 1LANKENSITYP,F000NTTYY CCLERRKK~ 203.4510 ~ f IIIII 1~ ~ II IIII~IlIII NO FED 0 0Z = o-o Cnitml sbn■J MARSHA 05/?8/1003 03-09:07 Pfd This Is.lk nv fee deeunnt For ILocording.Statrsn Only DEED OE-QEDICATION . D©ltili - Kr,,r. individually cis Skic :msspi a1-Intorast to Harley - Kerr Co., Inc., Grantor, doGa hereby dedicate to tho public for roadway and utility purposes that parcel of land described In RKIlihit "N', allached hereto and by this reference incorporated herein. DATED this 1-:3 day of STATE Or. OREGON County of Deschutes SS. neforo rno, a Notary Public, personally appoarod Dennis Kerr, acknowledged tho rarogoinro instniment. Doled this-j,.3 day or__ , 2003. NU Y PUBLIC FOIE GREG N My Commission Expiros: oPFlCIAt, sEa~ LINDA KERR NOTARY PUBLIC-OREGON COMMISSION NO.358904 MY COMMISSION oxmi ;s AUa. n. 2006 PAW 1 OF 2 - DEDICATION ANIO ACCEPTANCE S:\Lcciat.~(AM) Ufnru-fa-ESTATL.S-DFgICA71oN oriEmma •t311, noo8 000 AM Exhibit "3" Page 1 of 5 1~ecerd~-d ~ " tint Lv VJ "L:U UL-LV 1it ULQVIIV1LQ VV VLLftW rrln rive JYL )uo VOJV ri VL EXHIBIT "A" Page 8 of 11 ACCEPTANCE Deschutes County, acting by and through its Board Df County Commissioners, does hereby aoce fit the foregoing Geed of Dedication as a public road pursuant to ORS 92.014, r 41 Di rED this _day of , 2003. 'yjf W..J BOARD [?r OUNTY COMMISSIONERS OF DE~TES COUNTY, OREGON Dt'NNIS R. ATTEST.- 6amui, lwu~ Recording Sec a'ry STATE OF OREGON County of Deschutes I'OM DEWOLF, STONER C -IAEL M. DAM C MISSION SS, r3efore rne, a Notary Public, personalty appeared Dennis R. Luke, Tom Dewolf and MrOh,rel M. Daly. the above-named Board of County Commissioners of Deschutes County, Oregon, ncknowledged the foregoing instrument, on betlalf of Deschutes County, Oregon, Dated this a'rfny of 2003, NOTARY PUBLIC FOR OR -GON My Commission Expires: 3 ' Q 7 OFFICIAL. SEAL NOTARY PUIWC-0REa(0) N COMMISSION N0.964212 OMLAISSION (EXPIRES R-B. 2007 PAW 2 or 2 - DEMCATION ANb ACCEPTANCE F,-u- AIIkQADnci,-Iii-U-CsTAIE&oE0ICATIONDS~{I~bOC W012003 0:40 AM DC-2003.303 Exhibit "3" Page 2 of 5 nni-co-wo wcu Ucrcu ru u~~~nu i ca W tjLMMhZ r HA IYU, oq 1 MU 00.5u r, • EXHIBIT "A" Pa e9of11 ~STr ~ r •1 ti rt ,y'~i"~i r Lr~'•• ~w •v j.•t.'. • . . it '1'~,•`,~, •y9•. •i ~iS:.~r4v.S 1A:G'` 1'` ,'t ~1~, ;n,. . rh.; l,ti .L.,:~r.'~ ~..'i r'A'w'..~ a. )t`y!~ ~•f".°.A!"%~V~ ai.a!`3'J.._.yr~"ny,~.,w~r. 1. :,1• n~.,.,4~^,:XI•ry~'fy.l, i6~/w'1r ~<~•....~*N•. f ' . w`9~4.'nr..,rr~~lr,~~ n:y '~.i G' :J7>iq•'y!'4 i~•~ QUO • r'r •r'_5 16tY • ^ t .r~''W rr n• • r PIS 33F Fl` W Of .the M* rw Yr~Rtir 11wLtr (]2) MW of t~s+r•i~aiiory~' . ~r d'~s oorte >~o~ t rt rota4 6f t6 3W46WO at Not t6r r . r , +~ot~ the Or ut ~.~vo irO 141 ~ .~,+tt for to taw $ 4 JIM of tbw 5:7twt .a,...r ms's of a 20 feet Mid 8ssl Wits to for Utz 3z7. s!°q6 4~tr y r ot,Defthj. foot mft.-Op *am :,L'. hrt s.tat.. 0. r0~ ftlbma ar3, the M6lrft4 'mo t' ) att! • th' +t6w't 3iN6 U" at Xftd tw rW4 t".sa bit the" 4 4) of the t moo *o to t~ rlgU ' 8.4jr a t trt to'y' a1~ a 2t10•.t► feat oorft Meet Ilm of t&V dwiat .Vwhft F, the 3"t ,-~93r of Stu &Z Ot a". tv~iateus tM. 4170 flirt to the ~o~At At the 41r1'tlrOri~ ~L jft'.q. MOM spy a4d the etYt ot• the Xftft"et q t"rt+tLtirq at . r Peru ~a t r'I) (X* Of 1b. ra r of t*d to the ppb23d Q~ an the aloe ds R ti ul Exhibit i'3" Page of 5 vv r..... vv vv VLI./v{{V {L.RJ VV VLLi111U I , IIAY A. IRAIIII PAUL R. I1tATHEILMAN Of Ctn mWit KATITARINH A. MILLER May 13, 2003 EXHIBIT "A° Page 10 of 11 l na nv{ vtt ovv voov r{ v4 BABB ICI, nii;'RmAN L A'1VORN11YS AT LAW hounded 1968 1195 NW WALL STIU;Xr. P.o. nox 8 HUN!), ORGGON 97711{) PHONE: 541.389.1010 FAX. 541-382-61178 1:-D1AlL: mail(itbcn.lauarn~yc.eonl lop Q U MAY 13 2003 IDCHITO-coulm LEGAL OUNSEt LINDA Xilmit Legal A uiSLUIL " Ncctuod in Oregon Ik California Mark Amberg Dcschttlos County Counsel 1130 NW 11animan Bend, OR 97701 Re: My client - Ken and Charlene Carlson, Subject -,11) ESlales Road - Dadieating Road to the Public (to Deschutes County) ])car Murk: E1lclosed please Find your Decd of Dodication, which has been signal by Dennis Kerr, I'lcase present this to (lie Board of Commissioners on Monday and ask for their acceptance. Aller the Acceptance is signed, please record it as sooty as possible; or deliver it to lily office as I will have it reeardcd, Once the decd and acceptance is signed, please contact Kathy Tilton in Community Development. Recall that Ihis issue arose wilcn lily clients filed fl Partition application with Ms. Tilton (File No. MP-02-23), and during the process the county surveyor detected the chain-of- 6110 issue datilIg back to 107. Now that this issue has been tesolvccl, f request that you ask cominunily I)evolopnloll t to approve the partition irnmcdiately, My clients have a pending sale with a buyer who leas begun to ask questions. Thank You for your assistllnce Willi Ibis matlc;r. If you need anything further from tile, or need me to appear at the board mcclin~, please let No know. Sinccrcly, Paul 13. 1leathcrman 1'llI 1/ljk cite. e: clients (w/enc.) Exhibit "Y Page 4 of 5 Q, R Area of Legalization U i 110 i 0 LER HN1 KFT~ y Nj N J, 70 z 4 _ Y in yy U Bend - oC NFFF RD 400 0 400 Boo Feet Exhibit "All N Key _ ~ /i Area of legalization County Roads Taxiots Exhlbit "A" Page 3 of 3 April 30, 2003 nq,nlarlnafan an Uw rtw4W~S.,I,Ibpd Iraq cloW ddabnw on aoxhutesCmrdy'sQI& Ow.wasItdwntotlnmld-ofIhts myt, a.Lcmlt"county C~A=gxowr porakftforam% gll~a&Yi d pomboad "Am(A y and Umraoaro. lhur. wm to wwrar"I whkh gK,Ynpary No RWDCL I Iaw"W, ftdUaA" of .IaV aln>tf Wit ba eWradatsd ^:td. m\vura:cMrolWAn~rnpam pa~.JOpt81MWf01+danlinn.np f D( cnLrY£S COUNTY KOAP "FAIMENT GIs DBAS[OK J.Y. A.6.~ an arw.Wt I~i+Ir D711~aIIIn111..nkul..Mbr+lw W Ut14Ait ArFU,,t.a un,nuilt Exhibit "T' Page 5 of 5 rv vv ----W l ,I VL.WVIIVIL.,J VV VLLa1AL1 l'rl(I IIV, VYI )00 VWV r. Va ~Leaanzazii in vi a ruI LIVIN .,I Iv.r ~.~~.fa...... _ . EXHIBIT "B" M ON OIJ RDD c;u«vEP7AAP 1 OF 2 - co a No. Radius Arc Chord Chord t3eoring Delta 1 120.00' 80.30' 78.80' N.19*02'16"E. J8'20'07" 180.00' 95.0_° 93.92 .2.3.04.57"W. 30'14'4x 3 180.00 249.69 230.15' 5.31'46'46°E. 79'28'48 4 : 180.00' 120.43' 118.20' S. 19*02'16 lt~ 38'20'07" 5 120.00' 54.73' 54.26' 11.25'08'23"E. 26'07'59" 6 120.00' 156.57' ' 145.69' N. 2.5'18'11"W. 74'45'06" 7 475.29' 2.57 2.67' N. 10'40'00"E. 00'19'19" 8 1428.95' 9.02' 9.02' N. 10'17'16"E. 00'21'42° 9 142^8.95' 120.82' Ie""O.-B' 5.07'13'05"IV. 04'5C'=9"' 10 )423.95' 15.06' 15.06' S. 04'59'331V. " 00'36'14' O Q e ~i w ,f NW T/16TH i. FND. 3;'8" IP.ON ROD WITH PLASTIC °o CAP MARKED FIJ IR O. 1 12" ON R00 /f v 39•53'5ll' (N 89'48'44'lt) 664.46' 'HI DESERT ENGINEERING L. 540" 272 23' ' ITIAL IN 332.23' . 60.00 J32.23' (332.26) POINT (332.26') m b LINE TABLE W 1-- G 1= m W [/l b W I ca 10 a r. 0 0 I ~ ~ W e V I m_ O y h h ~ O co I O PARCEL 2 l m AREA io / GROSS = 2.52 ACRES I `O LI NET AFTER J-D ESTATES ROAD = 2.04 ACRES C1 N tDp ~ b / LL 1 % POO VOL. 2002 P PG. 66912, DES. CO OFF REC C4 . . . 20' WIDE POIVER- Q 0 LINE EASEMENT C2 / m 0 /ba m / C5 VOL. 2002 PAGE ' ' " / 54713• DES. t N 89 50 05 E 331.93" , CO. OFF. P.EC. 61.98' 2^09.03' 760.92' ! EASEMENT FOR EGRESS & 1 y1r INGRESS ~1J ly u1 PO6 VOL. 2001 e "W" PG. 1001, DES. CO. OFF. REC. ' T 10 WIDE POWER- `5 C6 ~ LINE EASEMENT I m. u l 1° d u ~7 c n AREA l a GROSS = 2.52 ACRES NET AFTER J-D ESTATES ROAD `O \ ` AND DESCHUTES MARKET ROAD = 2.20 ACRES \ vi f(~W ~4NORTH Scale I" = 60' c o 16 p ~a DESC14U7ES If4RKET ROAD AS LECIL-1 Ff1r:F^lF aA, t/C~1c(.fT``1 II/~/ FND. R41L ROAD 15 FOOT ROAD EASEMEIJi 90017 185. PAGE 738 _ SPIKE DESCHUTES cOU, L'EED F,ECOROS CIL J I 3.64' :l_J 311.67' I N Y 1 04-5551 c N 89'4617"E 663.28' -19.97' 15.05 FPID. 5j8" l~ FND. 5.19" I.ROM ROD N 89'56'55-$ IRON POO CS02J92 332.90' C502"392 • _ 1 I Line Bearing Distance L1 5 000748"E 61.82' L2- N.19'JS'41'VY, 10.44' 1 EXHIBIT "B" PAGE 2OF2 EXHIBIT A PROPERTY DESCRIPTION . R.1°2 E., A:tract of land containing 0.76 acres lying:in the NW1/4., Section 14. T.17 S W M.;`Deschutes'County Oregon, and more-particularly described as "follows: BEGINNING at:the NW1116' :.corner of said:Section 14,;T 17::5., R. 12`E.;:`said point marked by.a:'5/87'.iron ro.d vqf i>a plastic cap: marked "HI DESERT ENGIN-EERING LS.:580";..and saxdpoirnt.also being;tlie southeast'corner 'of .J D.-Estates; Thence :S 00°07'48"E`alon,Ahe'nbrth south,.centerline of heN ?Vl/4:of said"Section 1:4, 169:94 feet:ao a'S/8" iron rod,wit~.h~a.plasticcap;marked "Bryant LS 920'.'.; Tnence:'around a 18:0:00';foot radi„s cu1-ve right 1,204, feet (In ff.chord:bears 5 1:9°Q2' 1.6" 1,1$ 2Q' feet to a' Yron,rod.xnth:? pja---tic cap;'12~aT~kPd "RM~a.*2t LS 920' Thence around. a 'Y20.00':foof::radius curve.aeft 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 poiiztilying on the north, south; center line o'£the NWl/4, of said Section 14; Thence S 00°0.7'48"E along'said north south centerline 52.61feet to a:5/$"::iron rod`with a plastic cap<rnarked "Bryant LS "920",. said point ying on he westerly nght of way:of Deschutes 1Vlarket Road; Thence along: said:right of way''around.:a 475:29 foot radius curve. left2 67.feet (long chord..bears'S 10°40'-00"W 2.67 feet) to a 5/8" iron 'rod with a:plastic c'ap marked "Bryant LS 920"; -'W Thence:.around a 1428.95':foof;radius:curve:: eft 9..02 feet `(1'ong=chord.bears &4-, -17'.,I.'..67 9:02: feet) tc a. 5/8";iron rod with<a plastic cap marked 'Bryant LS 920':'; Thence; leaving. said rlght;of way; and.going around a', 80:.00 foot.radius ar•Ye..right 344 71:aeet (long chord bears N 16°39'2294.40 feet'to a 5/8" iron.rod with a,plastic cap marked.".Bryasit LS 920"; Thence' around. a l"20.0:0 `foot radius .curve_efr.80.30 feet: (long. chord .bears X 19°02' 16r'D 7,&-:80 :feet)-to-a 5/ =iron rode:with a;plashe cap rn rked"_Bryan LS 920"; Thence N 00'07'48"W 1'6996 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 NW?l/4 of said 'Sebtion.14 and also being 'the. south .liiiie of J;D Estates; Thence N::$9°53'52"E along:said centerline:and:the south'-line ofJ-D Estates 60:00 feet:to the;pointof•beginning:of this description. 4Z t, r C JULY 117, RlGi-l RL NT 920