2005-899-Order No. 2005-022 Recorded 7/6/2005COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS yJ 005.899
REVIEWED COMMISSIONERS' JOURNAL
01/06/2005 04:31:15 PM
I I I IIII IIIIIIII~IIIIIIIIII
LEGAL COUNSEL 0 -8sP
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
An Order Completing Legalization
Procedures for a portion of First Street, in
LaPine, in Deschutes, County, Oregon
ORDER NO. 2005-022
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2005-050, the Board of County
Commissioners (Board) initiated the legalization of a portion of First Street, in LaPine, in Deschutes
County, Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2005-021, the Board caused a portion of
First Street 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, July 6, 2005 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 First Street, 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 First Street lying in LaPine, in Deschutes County, Oregon, is hereby
legalized as described in 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. 2005-022
Section 4. That the survey of a portion of First Street, 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 First Street as
provided herein, any records showing the location of First Street in conflict with the location as
described herein shall become void.
DATED this &-e-day of , 2005.
41 0
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTk, OREGON
TOM DEWOO, CHAI
ATTEST: _
Recording Secretary
NIS R. LUKE, COMMISSIONER
MICHAEL M. DALY, COMMISSIONER
Page 2 of 2 - ORDER NO. 2005-022
E S C
Exhibit A
1 of 2
. Road Department
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L'r.3T13N1~M...a~'Si .OMMOt$.1iC. 0
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX [541)-388-2719
ENGINEER'S REPORT
TO: BOARD Ol~ COL)N'FY COI NIISSIONI;RS
FROM: G130RGE 1~OLB, COUNTY ENGINI-I-It
SUBJECT: I.EGrU_I%.\'1'lON Oh A PO]'.'1']ON OF ]s'i' S"1'RLET-) NGINLI R'S R13PO1Z1'
TlA -r V. /1)() /,)C)C);
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No.
2005-021, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion
of I" Street in La Pine, Oregon.
Background:
The Road Department is in the process of designing a traffic signal for the intersection of I" Street and Huntington
Road in La Pine. Installation of the signal at this intersection will require the Deschutes County Road Department
to purchase right-of-way from neighboring properties along Huntington Road and I" Street. Road research
conducted by the Road Department on 151 Street found the following information:
1. There is no record of any right-of-way dedication or legalization occurring on this portion of 1St Street.
2. In 1998, Deschutes County established I" Street as a County maintained road in Order No. 98-068. The
reason for the establishment was that the County had been maintaining the road for over '10 years. This
establishment did not clear up the fact that there was no right-of-way dedication for this portion of the road.
This situation would fall under ORS 368.201 (1) which states:
A coz1771j) gOIT7-77il7g body 77aay initiate proceedings to legalize a count) road under ORS 368.201 to 368.221 if any
'2ftbe folloitvina condiiiom- exist.
(1) If, through omission or defect, doubt exists as to the legal establishment or evide77ce of establishment of a
public road.
Road Location Survey:
Order No. 2005- 021, Section 1, directed that the portion of I" Street from the intersection with Bluewood Avenue
to its intersection with Coach Road be surveyed to determine the location and width of the road. The survey and
legal description for this legalization is attached to Order 2005- 022 as Exhibit "B".
Quality Services Pet formed Zvith Pride
Exhibit "A"
2 of 2
Notification and Compensation for Property Affected by Road Legalization:
The Road Department provided notice of the proceedings for legalization of I" Street, including the July 6, 2005
hearing, by posting and by service to owners of abutting land pursuant to Order No. 2005-021. The Road
Department had comments from the following people:
Lee Land, representing Sun Investors, LLC, tax lot 2110110001300 came into the office on June 9, 2005 to discuss
the legalization and the right-of-way acquisition. Mr. Land did not have any problems with the legalization as his
main concern was the amount of right-of-way acquired from his property and how it would affect his parking. We
spent some time looking at the design and were able to modify the design so we did not affect his parking and also
minimized the amount of right-of-way required from his property.
John Pinckney, owner of Ace Hardware (tax lots 2210110001100 and 22101 1 000 1 20 1) came into the office on
June 29, 2005 to discuss the legalization and the right-of-way acquisition. I explained to Mr. Pinckney that after the
legalization process was complete, we would be coming to him to purchase the remainder of the right-of-way
needed to complete the signal installation. He was shown a drawing showing the parking and landscaping that was
proposed to replace that which was being affected by the construction. I explained that he will be contacted by the
right-of-way agents working for the County and we will work out the details of the parking and landscaping
replacements. We also discussed the new accesses that are going to be provided and he did not have a problem with
the layout. Mr. Pinckney stated that he will probably attend the hearing to see if there are any other residents who
will comment on the process.
"A cnirnfy
(li?C :68 211 ,r•o,,,ides fir vv nP vatiQn fnr „rnna,ty affected 1,~1 road legalization. This CYaYIIYP. states:
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 or this legalization.
Recommendation:
Contingent upon testimony and findings presented at the public hearing, the Engineer recommends Board approval
and signature of Order 2005-022 legalizing I" Street 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 monunented. This will be completed by Deschutes County
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.
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Exhibit "B"
Page 2 of 2
Legal Description-of 2005 First Street (La Pine) Legalization Right of Way
A Sixty (60.00) foot wide strip of land for roadway and utility purposes located in the
SW 1/4 of Section 11 and the NW 1/4 of Section, 14 of Township 22 South, Range 10
East of the Willamette Meridian, Deschutes County, Oregon, lying Thirty (30.00) feet on
each side of the following described centerline:
Commencing at the southwest corner- of said section 11, a 3-1/4" brass cap re-set in 2001
by Deschutes County as Described in Oregon Corner Restoration Record 41583 on file at
the Deschutes County Surveyor's Office (and from which an iron pipe with a-2-1/2" brass
cap stamped "T 22 S R10 E. S 10, S 11, S15, S14, 1944" bears S03°27'33"E a distance
of 16.30 feet); thence along the west line of said Section 11 N00°08'52"E a distance of
10.56 feet to Engineer's Station 10+00.00, the Point of Beginning; thence leaving said
west line, S85°26'55"E a distance of 260.22 feet; thence, N85°49'57"E a distance of
62.81 feet; thence, N89°34'1.0"E a distance of 330.70 feet; thence, N88°07'18"E a
distance of 325.89 feet to the west line of the official plat of "Bluewood", Deschutes
County Oregon, the terminus point of this centerline description, from which a #5 rebar
with a 1-1/2" diameter aluminum cap stamped "Prop. Cor. PLS 2253 set in asphalt on
said west line of Bluewood and monumenting the centerline-centerline intersection of
First Street and Bluewood Avenue as shown on said plat, bears N 00°14'26" E a distance
of 20.10 feet. Bearings are grid bearings based on the Central Oregon Coordinate System.
The sidelines of said 60.00 foot strip to be extended or shortened to begin at the west
lines of said sections 1 1 and 14 and to terminate at the west line of said plat of Bluewood
and at .the southerly extension of said west line of Bluewood.
J:\CADTrojects\W551-HUNTINGTON-1ST\doc\LEG.AL DESCRIPTION S\w551-1st street-I-2I-2005.doc
5/9/2005 11:45 AM
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