32-626-Order Recorded 9/18/1979VOL 307 FACE 790
va 32 FA E X327
"These reserve strips shall be offered to the County for dedication
at the time the final plat is recorded; however, all rights of vehicular
access across said reserve strips shall be abandoned until such time
as additional right-of-way is acquired by the County."
The Bend Area General Plan calls for
600 connecting the stub ends of Sunnyside
wood Estates III and Woodside Ranch Phase
by the Board of Commissioners on July 11,
County Road Department Standard Specif ica
Section 1F1 states:
extension of an arterial through Tax Lot
Blvd. as shown on the plats of Brighten-
VI. This Comprehensive Plan was adopted
1979, as County Ordinance PL-10. Deschutes
tions for Design and Construction (SSDC),
"Where a subdivision adjoins unsubdivided land, streets which may be
necessary to assure the proper subdivision of the adjoining land or
the continuation of a function of a major arterial or collector
street shall be provided through the boundary line of the subdivision."
The SSDC is incorporated by reference into County Subdivision Ordinance PL-2
by Section 207 thereof. Based on the County Ordinances cited above, the Board finds
that Sunnyside Blvd. was required to be shown as stubbed at the edge of the plats of
Brightenwood Estates III and Woodside Ranch Phase VI, that these stub ends should
have shown one-foot reserve strips, and that the dedication recitals on each plat
should have reflected these reserve strips. They did not do so.
There is no statutory procedure that expressly covers the establishment of
reserve strips by the Board of Commissioners. However, ORS 268.565(2), covering
proceedings on the motion of the Board of County Commissioners to reduce the width
or vacate road right-of-way is the statutory procedure most clearly analogous to
what is required here to correct the errors on the above-mentioned plats. Here,
the portions of roadway to be shortened are not to be shortened permanently as may
be done under the statutory procedure mentioned. The right of public vehicular
access is only suspended by partial revocation of acceptance until such time as
right-of-way is acquired across Tax Lot 600 mentioned above, and a County Road is
established thereon in accordance with County Ordinances and the SSDC. It may be
that the reserve strips could be found to have been established by operation of
law, although they are not shown on the plats, however, there is no public record
of this and the Board finds that it is necessary to establish the reserve strips
and correct the record.
The report of the County Roadmaster recommending the establishment of the reserve
strips is attached hereto and incorporated herein by reference.
The Board finds that the public will benefit from the correction of the errors
mentioned above in the plats of Brightenwood Estates III and Woodside Ranch Phase VI.
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The right of public vehicular access across the below-described strips of street
,is temporarily abandoned until such time as further right-of-way is acquired by the
County and a County Road established thereon,pursuant to County Ordinances,across
Tax Lot 600 in Section 21, Township 18 South, Range 12 East of the Willamette Meridian,
Deschutes County, Oregon, and said strips are established as reserve strips as defined
in Section 109(C)(20) of County Subdivision Ordinance PL-2, Iand as required by
Sections 301(G) and 608 thereof, as well as Section 1Fl of the Deschutes County Road
Department Standard Specifications for Design and Construction. Said reserve strips
are described:1asfollows:
PAGE -2- ORDER
VOL
Within the Plat of Brightenwood Estates Phase III:
VOL 307 RAGE 8®0
32 PACE X28
A reserve strip one foot (1.00 ft.) by ninety-nine point seven eight feet
(99.78 ft.), said land being a portion of the Southeast one-quarter (SE-4)
of the'Northwest one-quarter (NW4) of Section 21, Township 18 South,
Range 12 East of the Willamette Meridian, Deschutes County, Oregon. Said
reserve strip being.a portion of Sunnyside Boulevard as'shown on Brightenwood
Estates III, Plat Number Four Hundred Thirty-Five (435) and described. as
follows:
Commencing at the North one-quarter (N%) corner of said Section 21, being
the initial point of this description; thence along the North-South
centerline of said Section 21, South 000 27' 16" West 719.71 feet; thence
South 450 00' 00" West, 1061.42 feet; thence around a 2040.00 foot radius
curve the length of arc being 313.77 feet and the long chord of which bears
South 49 24' 23" West 313.46 feet; thence South 530 48' 45" West, 402.38
feet to the true point of beginning; thence along the West line of the East
one half of the Northwest one-quarter of said Section Twenty-one (21) North
000 30' 25" East, 99.78 feet; thence North 530 48' 45" East for a distance
of one foot (1.00 ft.); thence South 000 30' 25" West 99.78 feet; thence
South 530 48' 45" West for a distance of one foot (1.00 ft.) to the true
point of beginning.
Within the Plat of Woodside Ranch Phase IV: '
A reserve strip one foot (1.00 ft.) by eighty feet (80 ft.), said land being
a portion of the Southwest one-quarter (S,,-) of the Northwest one-quarter
(NU'-4) of Section 21, Township 18 South, Range 12 East of the Willamette
Meridian, Deschutes County, Oregon, said reserve strip being a portion of
Sunnyside Boulevard as shown on Woodside Ranch Phase VI, Plat Number Three
Hundred Ninety-Four (394), and described as follows:
Commencing at the West one-quarter (W4) corner of said Section 21, being a
22 inch brass cap and the initial point of this description; thence along
the East-,best centerline of said Section 21, North 89 28' 16" East, 130.39.
feet; thence around a 10560 foot radius curve left, 51.45 feet, the long chord
of which bears North 53 53' 58" East, 51.45 feet; thence North 520 57' 17"
East, 291.81 feet to the true point of beginning; thence South 370 02' 43"
Fast, 80.00 feet; thence along the arc of a 25-foot radius curve left for a
distance of 1.00 feet, the long chord of which bears South 510 48' 34" West,
1.00 feet; thence North 370 02' 43" We_ for a distance of 80.02 feet;
thence North 520 57' 17" East for a distance of 1.00 feet to the true point
of beginning.
PAGE -3- ORDER
VOL 307 PAGE 801
vol 32 PACE 629
BOARD OF CO13NTY COMMISS
CLAY C. gREPARD, Chai
J
2. The County Surveyor shall forthwith amend the plats of Brightenwood
Estates III and Woodside Ranch Phase VI to reflect the establishment of the reserve
strips therein.
3. The original of this Order shall be recorded in the Deed Records of
Deschutes County, Oregon.
DATED this d y of September, 1979.
ATTE
ROSEMA Y PATTERS ON~
Deschutes County Cl ri -
Distribution:
Robert S. Lovlien, Esq.
County Surveyor
Roadmaster
Planning Director
County Counsel
Board of Commissioners
Original to County Clerk
c9334 Z.x
Etta OF OREGON;,
County of Deschutes
I hereby certify that the within itxp1
meat of writing was received for Rec, -
the day of A.D. 19-
at d,':50 o'clock M., and record F
in Book 3 7 on Page Record,
of 4 ~a
ROSEMARY PAATTERSON 0 'y Clerk
By Dennty
PAGE -4- ORDER
ALBERT A. YOUNG, Commissioner
ROBERT C. PAULSON, JR., Commissio
A '
f> : ? d4