2004-834-Order No. 2004-032 Recorded 6/4/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ ~0~4'834
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
FVIE D
LEGALC UNSEL
11111111111111111111111111 IN
2004-834
V010100 10;50:20 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Completing Legalization
Procedures that portion of Twin Bridges Road ORDER NO. 2004-032
located in, Deschutes County, Oregon.
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2004-025, the Board of County
Commissioners (Board) initiated the legalization of a portion of Twin Bridges Road, in Deschutes
County, Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2004-031, the Board caused a portion of
Twin Bridges 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, June 2, 2004 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 Twin Bridges 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 in the NE % NW % and the N Y2 NE % of Section 20, Township 16 South,
Range 12 East in Deschutes County, Oregon, is hereby legalized as shown on Exhibit "B", attached
hereto and by this reference incorporated herein.
Page 1 of 2 - ORDER NO. 2004-032
Section 3. That this Order shall be recorded with the Deschutes County Clerk.
Section 4. That the survey of a portion of Twin Bridges Road, prepared in the course of
legalization proceedings, shall be recorded with the County Surveyor.
Section 5. Upon proper recording of this Order and the survey of a portion of Twin Bridges Road
as provided herein, any records showing the location of Twin Bridges Road in conflict with the location
as described herein shall become void.
DATED this day of -A-- , 2004.
41
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
MICHA5t-K.. DALY, CHAIR
ATTEST:
4Lex--
- (5~zv-~ Recording Secretary
ezI-z::;
NIS R. WKE, CO
ISSIONER
TOM
IONER
Page 2 of 2 - ORDER NO. 2004-032
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GEORGE KOLB, COUNTY ENGINEER &Mi---
SUBJECT: LEGALIZATION OF A PORTION OF TWIN BRIDGES ROAD - ENGINEER'S REPORT
DATE: 5/24/2004
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No. 2004-031,
concerning the investigation by the Road Department Engineer of the proposed legalization of a portion of Twin Bridges Road.
Background:
During the land use process for the partitioning of tax lot 1612200000100 (MP-03-12), it was discovered that the portion of
Twin Bridges Road between Swalley Road and the right-of-way as described in Book 338, Page 804, Deschutes County
Records, had never been legally established. The Board of County Commissioners, in 1990, signed Order No. 90-159 (see
attached Exhibit 1) authorizing the Public Works Department to survey this portion of Twin Bridges Road for the legalization
process. Through review of County documents, it appears the County surveyed and monumented this portion of Twin Bridges
Road but the survey was never filed and the legalization process was never completed. This situation would fall under ORS
368.201 (1) which states:
A county governing body may initiate proceedings to legalize a county road under ORS 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.
In 1991, this portion of Twin Bridges Road was reconstructed along the new right-of-way alignment. The realignment left a
portion of the old right-of-way which is no longer needed for roadway purposes (see attached Exhibit 2). The developers of the
property, Deschutes River Ranch Group, LLC would like to incorporate this portion of unused right-of-way into their property.
This will be accomplished by the following:
I . ORS 368.216(4) states: Upon completion of the legalization procedures under ORS 368.201 to 368.221:
(a) Any records showing the location of the road that conflict with the location of the road as described in the order
are void; and
(b) The road exists as shown on the order legalizing the road.
2. Deschutes County will quitclaim any and all interest they have in the unused right-of-way to Deschutes River Ranch
Group, LLC.
Road Location Survey:
Order No. 2004-031, Section 1, directed that the portion of Twin Bridges Road between Swalley Road and the right-of-way as
described in Book 338, Page 804, Deschutes County Records to be legalized be surveyed to determine the location and width
of the road. The survey and legal description for this legalization is attached to Order 2004-32 as Exhibit "B".
Exhibit "A"
Page 1 of 2
Quality Services Performed with Pride
Notification and Compensation for Property Affected by Road Legalization:.
The Road Department provided notice of the proceedings for legalization of Twin Bridges Road, including the June 2, 2004
hearing, by posting and by service to owners of abutting land pursuant to Order No. 2004-031.
On May 7, 2004, the Road Department received a call from Jerry Curl, an adjacent property owner concerning the legalization.
The legalization process was discussed and he stated that if he had any further questions, he would set up a meeting with me
the next week. He never did call back to set up a meeting to go over the legalization.
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 Twin Bridges 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. This was completed in 1990.
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 2
REVIEWED T
4 ,
LE L CO:SNSEL
7,FORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNA_A4 OREGON
IN THE MATTER
OF SURVEYING
TWIN BRIDGES ROAD
LOCATED IN DESCHUTES
COUNTY, OREGON
ORDER NO. 90-159
The Director of Public Works has determined that
existing records on Twin Bridges Road, County Road No.
1140, are inaccurate because the road as traveled and used
for 10 years or more does not conform to the location of
the road described in County records.
IT IS HEREBY ORDERED that Twin Bridges Road be
surveyed by the Public Works Department.
DATED this ~ day of 1990.
Jrding Secretary`
BOARD OF COUNTY COMMISSIONERS
OF DESCH TES CO TY, OREGON
J7 T
LOIS SRI TOW PRANTE, Commissioner
,1 c,.n3i rman
UDLIN, Commissioner
Exhibit I"
FROM : TYE ENGINEERING
FAX NO. : 541 3B5 1341 Apr. 19 2004 04:34PM P3
QUIT CLAIM PARCEL
LOCATED IN THE NE 1 /4 NW 1 /4 AND
IN THE NW 1 /4 NE 1 /4 OF SECTION 20,
T. 16 S., 12 E., W.M., DESCHUTES
COUNTY, OREGON r2
LINE TABLE
LINE
LENGTH
BEARING
LI
5
53' 3'57"E
L2
56.99'
N70'55'12"E
L3
35.60'
S80'53'50"W
LL
219,91'
N ' 9'21"E
1 "=100'
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
BEARING
DELTA
C1
230.00'
366.47'
235.25'
8 7' 8"W
28.9
91'17'31"
C2
327,77'
49.53'
S62'19'34"W
7'11'16"
C3
10'
27.62'
S7 ' 4' 1 "W
E
9'58' 7"
C4
89.83'
160,06'
111.11'
N48'03'25"W
102'05'32"
CS
2301-00'- 1
152.40'
7 ,12'
15'59'36"W
Imss"
37157154"
1 I l
11
TYE ENGINEERING, INC.
725 NW HILL., BEND, OREGON 97701 (541) 389-6959
DATE: APRIL 19, 2004 SCALE: 1"-100' DRAWN BY: P.A.T. 7WG 1101-quitclaim
H
EXHIBIT "2"
Page 1 of 2
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EXHIBIT 112"
Paqe 2 of 2
R GARY BLAKE DESCHUTES RIVER RANCH TYE ENGINEERING, INC.
~ 20210 SWALLEY ROAD LOT LINE ADJ LL-03-35 725NWHILL - BEND, OREGON 97701 - (541)389-6959
~ BEND, OREGON 97701
SORE: i - }00' 0<iE. r B, zoo. oR.ww: o.... r0• n
r.Si%i5+
EXHIBIT "B"
PAGE 1 OF 2
17
80' ROAD DEDICATION, TWIN BRIDGES 20 7
ROAD DEDICATED TO THE PUBLIC IN
VOL. 338, PAGE 804, DESCHUTES
COUNTY RECORDS
N52'00'07"W -
91.18' - ` .
C4
C5 ( 1 "=200'
S53°43'57"W
89.74'
Q
Ofi
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
BEARING
CHORD
DELTA
Cl
338.95'
99.28'
50.00'
S40'07'28"E
98.93'
16'46'58"
C2
150.00'
228.35'
142.90'
S1 1'52'44"W
206.93'
87'13'26"
C3
193.33'
177.15'
95.34'
N29'14'24"E
171.02'
52'30'05"
C4
200.00'
451.19'
421.74'
N61'38'21 "W
361.42'
129'15'25"
C5
180.00'
233.31'
136.30'
S89'08'05"E
217.32'
74'15'56"
V )l N02.59'21 "E
of 413.81'
D7
~ I
TWIN BRIDGES ROAD C3
LEGALIZATION
LOCATED IN THE E 1 /2 NW 1 /4 No.o°15'25"E
AND IN NW 1 /4 NE 1 /4 OF 1321.75'
SECTION 20, T. 16 S., 12 E., W.M., C2.
DESCH U TES COUNTY, OREGON
N31 °43'59"W
50.64'
C1
N 48'30'57"W
55.13'
SWALLEY RD
CN 1/16TH
CORNER
TYE ENGINEERING, INC.
725 NW HILL, BEND, OREGON 97701 (541) 389-6959
DATE: MARCH 30, 2004 SCALE: 1"=200' DRAWN BY: P.A.T. I DWG 1101-TWIN
EXHIBIT "B"
PAGE 2 OF 2
A 60.00 FOOT WIDE STRIP OF LAND FOR ROADWAY AND UTILITY PURPOSES
LOCATED IN THE NE '/4 NW '/4 AND THE N '/2 NE '/4 OF SECTION 20, T 16 S, R 12 E,
W.M., DESCHUTES COUNTY, OREGON, LYING 30 FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A''/z" REBAR MONUMENTING THE CENTER-NORTH 1/16 CORNER OF
SAID SECTION 20, THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING
TEN (10) BEARINGS AND DISTANCES:
(1) North 48°30'57" West 55.13 feet;
(2) Thence 99.28 feet along the arc of a 338.95 foot radius curve right, the chord of which bears
North 40°07'28" West 98.93 feet;
(3) Thence North 31°43'59" West 50.64 feet;
(4) Thence 228.35 feet along the arch of a 150.00 foot radius curve right, the chord of which
bears North 11°52'44" East 206.93 feet to a point of reverse curvature;
(5) Thence 177.15 feet along the arc of a 193.33 foot radius curve left, the chord of which bears
North 29°14'24" East 171.02 feet;
(6) Thence North 02°59'21" East 413.81 feet;
(7) Thence 451.19 feet along the arc of a 200.00 foot radius curve left, the chord of which bears
North 61°38'21" West 361.42 feet;
(8) Thence South 53°43'57" West 89.74 feet;
(9) Thence 233.31 feet along the arc of a 180.00 foot curve right, the chord of which bears North
89°08'05" West 217.32 feet; '
(10) Thence North 52°00'07" West 91.18 feet, more or less, FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND RECORDED MARCH
23, 1981 IN BOOK 338, PAGE 804, DESCHUTES COUNTY, OREGON.
THE TERMINUS POINT OF THIS CENTERLINE DESCRIPTION.
THE SIDELINES OF SAID 60.00 FOOT STRIP TO BE EXTENDED OR SHORTENED TO
BEGIN AT THE RIGHT OF WAY LINES OF SWALLEY ROAD AND TO TERMINATE AT
THE BOUNDARY AS DESCRIBED IN BOOK 338, PAGE 804, DESCHUTES COUNTY
RECORDS.
THE BASIS OF BEARINGS, NORTH 89°34'34" EAST, FOR THIS DESCRIPTION BEING
THE NORTH LINE OF THE NE/14 NE1/4 OF SAID SECTION 20 ESTABLISHED FROM
FOUND MONUMENTS AT THE EAST 1/16 OF SECTIONS 17 & 20 AND THE SECTION
CORNER OF SECTIONS 16,17,20, 21 OF T16 S, R 12 E, W.M AS SHOWN HEREON AND
AS SHOWN ON CS 10260, PLAT OF TUMALO TRAILS.
REGISTERED
PROFESSIONAL
AND SLIP \VEYOR
LINDA LE'c i'.IiLLER
2513
Roneviai Date 12-31-04