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2004-1286-Order No. 2004-066 Recorded 10/13/2004REVI,TWE LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL IIIIIIII II~IIIIII~IIIIIIIII I III 2004-1285 RECORDS VV 2004.1286 CLERK 1011312004 04;42;23 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Completing Legalization Procedures for a portion of Sisemore in ORDER NO. 2004-066 Deschutes, County, Oregon WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2004-090, the Board of County Commissioners (Board) initiated the legalization of a portion of Sisemore Road, in Deschutes County, Oregon; and WHEREAS, pursuant to ORS 368.206, and by Order No. 2004-065, the Board caused a portion of Sisemore 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, September 22, 2004 at the 10:00 a.m. Commission meeting in the Deschutes County Services Center, 1300 NW Wall, 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 Sisemore 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 a portion of Sisemore Road lying in Deschutes County, Oregon, is hereby legalized as described in Exhibit "B", attached hereto and by this reference incorporated herein. Page 1 of 2 - ORDER NO. 2004-066 Section 3. That this Order shall be recorded with the Deschutes County Clerk. Section 4. That the survey of a portion of Sisemore 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 Sisemore Road as provided herein, any records showing the location of Sisemore Road in conflict with the location as described herein shall become void. DATED this day of C(2, 2004. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON HAIR ATTEST: _ DENNIS R. LUKE, CO MIS NER Recording Secretary ' TOM EWOLF, COMMISS R Page 2 of 2 - ORDER NO. 2004-066 61 150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 ENGINEER'S REPORT TO: BOARD OF COUNTY COMMISSIONERS FROM: GEORGE KOLB, COUNTY ENGINEER z+AAC SUBJECT: LEGALIZATION OF A PORTION OF SISEMORE ROAD - ENGINEER'S REPORT DATE: 9/16/2004 This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No. 2004-065, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion of Sisemore Road. Background: The Road Department was contacted by the owners of tax lot 171104A000500 concerning the status of Sisemore Road from its intersection with Tumalo Reservoir Road south to the northern boundary of tax lot 1711000002200. They are in the process of trying to partition their property and for that to happen; this portion of Sisemore Road has to be a dedicated public right-of- way. Research completed by the Road Department shows this portion of Sisemore Road was established in 1892 per Crook County Commissioners' Journal 2 Page 89 with a right-of-way width of 60 feet. It originated at John Sisemore's Farewell Bend Ranch (which latter became the Brooks Scanlon mill and is now a portion of the Old Mill District) and went northwesterly 21 miles to its terminus just a few miles east of the town of Sisters. Although the Road Department has not searched for physical monumentation of the 1892 survey, a rough retracement of the survey indicates that in the area of Tumalo Reservoir the original alignment was approximately 4000 feet westerly of present day Sisemore Road. The 1892 alignment would have placed the road in the middle of the large, failed reservoir that was planned in the early 1900s. Additional research of Sisemore has revealed that Sisemore was also referred to as the "Bend - Sisters Road". Apparently Sisemore was relocated in conjunction with the 1913 Tumalo Irrigation Project which created Tumalo Reservoir. Evidently this road was not legally established and in 1914 Crook County began the proceedings for the establishment of this realignment under the name of the "Tumalo Project No. 1 Road". The Crook County Road Jacket for "The Tumalo Project Road No. 1 contains the following documents: • Resolution to Establish the road dated 12/4/1914. This contains a general description of the road • Surveyor's Preliminary Report filed 1/7/1915. In this report Fred Rice, the Crook County Surveyor states he has examined the proposed road and advises that it is a public necessity and should become a public road. • Notice of Hearing filed 8/10/1915. The hearing is to be held 9/1/1915 at the Crook County Court House. • Claim for Damages. 8/28/1915. A letter from former Commissioner R. H. Bayley (he was one of the Commissioners who signed the 12/4/1914 resolution). He states that during his term the road was not legalized although it was opened across a Mr. Hudson's property in the SW '/4 of Section 20, T16S, R11E and that Mr. Hudson should be paid the amount of $200 per the agreement between Hudson, Bayley and Laurgaard (the enginer for the Tumalo Irrigation Project) The only other entry in the Crook County Commissioners' Journals is a 9/6/1916 action which states the proceedings are to be continued. There are no other entries for the road in the Crook journals (Deschutes County was carved out of Crook 3 months Quality Services Performed with Pride EXHIBIT "A" PAGE 2OF3 after this entry) or in the Deschutes County Commissioners' Journals. This road is also listed on the County Road Department records as being maintained by the County. 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: (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the county records. Road Location Survey: Order No. 2004-065, Section 1, directed that the portion of Sisemore Road from the intersection with Tumalo Reservoir Road to its terminus at the north boundary of Tax Lot 1711000002201 be surveyed to determine the location and width of the road. The survey and legal description for this legalization is attached to Order 2004-066 as Exhibit "B". Notification and Compensation for Property Affected by Road Legalization: The Road Department provided notice of the proceedings for legalization of Sisemore Road, including the September 22, 2004 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2004-065. The Road Department had comments from the following people: 9/1/04 - Bill Kuhn, 65575 Sisemore Road: His question concerned notification of property owners. He specifically asked if we had contacted the State concerning the State owned parcel. I printed out a copy of the property notification list for him. He had no other questions. 9/3/04 - Bill Kuhn contacted our office via e-mail with the following question, "Was ODFW notified of the hearing to legalize Sisemore Road? Is it possible that State of Oregon Department of Fish & Wildlife owns parcel 171104A000600 and not the State of Oregon Lands Division?" Notice of the legalization was done according to the rules outlined in ORS 368.401 to 368.426. Notice was provided by certified mail to the Department of State Lands office here in Bend, Oregon. Our records indicate that the return receipt for the certified mail was signed by a person at the Department of State Lands on 8/18/04. We did not receive any comments from them indicating they were the wrong department for notification. As far as the possibility of the State of Oregon Department of Fish and Wildlife owning the property, the Road Department first contacted the Oregon Department of Transportation right-of-way division and discussed the property with them. They did not have any interest in the property but suggested we do a title search and also contact the Department of Administrative Services to get their opinion. The title search found information showing the property being sold to the Desert Land Board of the State of Oregon by William H. Roach in 1913. No subsequent property transfers showed up in our research. On 9/14/04, I received a call from Fred Lord, Department of Administrative Services. He stated that under the circumstances, notification to the Department of State Lands should be sufficient for the legalization process. 9/9/04 - Jan Fuller contacted our office by phone and was curious as to what the legalization process was all about and also to make sure she understood what portion of the road was involved. I explained the process to her and during this conversation found out her main concern was that access was still maintained to the forest service property at the end of the legalization. I told her the legalization clears up the status of the road and ensures that it is a public right-of-way. She felt comfortable with this explanation but may stop in the office to look at the maps 9/14/04 - Ann Cobb called to inquire about the legalization. She stated she is in favor of the legalization but wanted to come into the office to look at the maps. 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 the 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. EXHIBIT "A" PAGE 3OF3 Recommendation: Contingent upon testimony and findings presented at the public hearing, the Engineer recommends Board approval and signature of Order 2004-066 legalizing Sisemore 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 will be completed by the owners of tax lot 171104A000500. 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. C2 C= O DAVID EVANS ANOASSOCIATES INC. LEGAL DESCRIPTION ROAD CENTERLINE A strip of land 60.00 feet wide, located in the north one-half of Section 4, Township 17 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, lying 30.00 feet on each side of the following described centerline: Commencing at a 3/4" iron rod at the north one-quarter corner of said Section 4; thence along the north boundary of said Section 4, North 89°55'43" West 179.52 feet to the point of beginning; thence leaving said north boundary, South 10c04'17" West 72.25 feet; thence 20.94 feet along the arc of a 240.00 foot radius curve right (the long chord of which bears South 12°34' 17" West 20.94 feet); thence South 15904'17" West 155.84 feet; thence 132.74 feet along the arc of a 240.00 foot radius curve left (the long chord of which bears South 00°46'23" East 131.05 feet); thence South 16°37'04" East 252.68 feet; thence 109.57 feet along the arc of a 240.00 foot radius curve right (the long chord of which bears South 03°32'22" East 108.62 feet); thence South 09°32'21" West 141.16 feet; thence 321.86 feet along the arc of a 600.00 foot radius curve left (the long chord of which bears South 05 °49'44" East 318.02 feet); thence South 21 °11'48" East 140.04 feet; thence 80.11 feet along the arc of a 500.00 foot radius curve right (the long chord of which bears South 16°36'24" East 80.03 feet); thence South 12900'59" East 119.60 feet; thence 325.93 feet along the arc of a 2000.00 foot radius curve left (the long chord of which bears South 16°41'06" East 325.57 feet); thence South 21°21' 13" East 309.10 feet; thence 116.78 feet along the arc of a 125.00 foot radius curve right (the long chord of which bears South 05°24'35" West 112.58 feet); thence South 32°10'22" West 94.52 feet; thence 140.74 feet along the arc of an 800.00 foot radius curve left (the long chord of which bears South 27907'59°' West 140.56 feet); thence South 22`05'35" West 135.51 feet; thence 76.34 feet along the arc of a 300.00 foot radius curve left (the long chord of which bears South 14°48'11" West 76.14 feet) to the south boundary of said north one-half of Section 4 and the terminus of this description. REGISTERED PrC1IF FS 10tJ.AL LAr,.iD SIJPV Y1-11R L-7 TLA OREGON JULY 26, 1989 ~I r'11'•'I t J D. IJ L R 1 2407 Exhibit "B" Page 1 of 2 RE.EWS 122 1 Q4 June 10, 2004 P: \CADDPROJ\TIDX0033\ROAD-CL.doc inn ni,,...i........ iei..u c..,,,,. c,.,.., In7 0...,,+ n..n.... 0-7-71) 1 T.Ionhnno- 541 ~R9 7614 Farimile: 541.389.7623 TOWNSHW SOUTH / 89'5525E 1320.28 58955'43'1 2639.94 TOWNSHIP 17 SOUTH M.~N TUMALO RESERVOIR ROAD ROD SEC. 4 W 179.52 30'- 30' CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD C1 5'00'00' 240.00 20.94 20.94 S1234'17 W C2 31'4121' 240.00 132.74 131.05 S00'4623T C3 260925' 140.00 109.57 108.62 S033222'E C4 3044'09' 600.00 321.86 318.02 S05'49'441= C5 9'10'49" 500.00 80.11 80.03 S16"36'247 C6 970113" 2000.00 325.93 325.57 S164106'1= C7 53'31'35* 125.00 116.78 112.58 50574 3514 C8 100447' 800.00 140.74 140.56 S270759W C9 143449' 300.00 76.34 76.14 S14 48'1114 LINE TABLE LINE LENGTH BEARING Ll 72.25 S1004'17 W L2 155.84 S1504'17'W L3 252.68 S1637'04*E L4 141.16 S0932'21'W L5 140.04 S21'1 1'48't L6 119.60 S120059 E L7 309.10 S2171'13'E L8 94.52 S321022^W L9 135.51 522053514 S89'56'1 1'E 22.40 C114 COR. SEC. 4 Exhibit "B" Page 2 of 2 scale 1' = Soo' design date 6-09-04 drawn ldP file 77DX0033 - 77DX0033-RD-EXBT.dwg a TM DAVID EVANS ANOASSOCIATES INC. 709 NW Walt Street, Suite 102 Bend, Oregon 97701 (541) 38 9 -7614 EXHIBIT ROAD CENTERLINE LOCATED IN THE NORTH 112 OF SEC. 4, T.17S., R.11E., W.M., DESCHUTES COUNTY, OREGON a \ of N J'j SCALE. 1" = 300' 0 Inn 01