2006-360-Order No. 2006-018 Recorded 3/23/2006COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2406.364
COMMISSIONERS' JOURNAL 03/23/2046 02:59:41 PM
IIIIIIIII IIIIIIIIIIIIIIIII II III
2006-3150
REVIE~ ED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
An Order Completing Legalization
Procedures for a portion of Harrington Loop ORDER NO. 2006-018
Road in, Deschutes, County, Oregon
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2006-001, the Board of County
Commissioners (Board) initiated the legalization of a portion of Harrington Loop Road, in Deschutes
County, Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2006-017, the Board caused a portion of
Huntington Loop 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, March 22, 2006 at
10:00 a.m. in the Deschutes County Services Building, 1300 NW Wall Street, 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 Harrington Loop 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 Harrington Loop Road 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. 2006-018
Section 4. That the survey of a portion of Harrington Loop 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 Harrington Loop
Road as provided herein, any records showing the location of Harrington Loop Road in conflict with the
location as described herein shall become void.
G~
DATED this day of 2006.
ATTEST:
Recording Secretary
BOARD OF CO TY COMMISSIONERS
OF DESCH S, COUNTY, OREGON
DE IS R. LUKE, CHAIR
BEV CLARNO, VICE C
MfCHAEL V DALY, CONNISSIONER
Page 2 of 2 - ORDER NO. 2006-018
J-c EE3
c
.
p Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
ENGINEER'S REPORT
TO: B0A1kD OF COUNTY CON4MISSIONI_.RS
FROM: GEORGE KOLB, COUNTY ENGINEER
SUBJECT: LEGALIZATION OF A PORTION OF 1IARRINGTON LOOP - ENGINEER'S REPORT'
DATE: 3/9/2006
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No.
2006-017, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion
of Harrington Loop in Deschutes County, Oregon.
Background:
The Road Department is in the process of working with several residents along Harrington Loop on the formation
of an LID to get the portion of Harrington Loop in front of their property brought up to County standards. Road
research conducted by the Road Department on Harrington Loop found that there is no record of any right-of-way
dedication or legalization occurring on Harrington Loop. In 1986, the County did a survey for the legalization of
Harrington Loop but no further action occurred concerning the legalization. The narrative on the survey stated:
"The purpose of this survey is to locate and monument Harrington Loop for the legalization of the right-of-way
(per ORS 368.201) There is no written evidence of the establishment of Harrington Loop as a County Road but it
has been maintained by the Public Works Department for over 30 years and is commonly known as a County Road.
Monuments have been previously set in several surveys to mark the right-of-way lines and/or centerlines of
Harrington Loop (See Survey References). These monuments were used to control the alignment. In areas where
no previous surveys have monumented the right-of-way or centerline, the location of the existing road was used to
control the alignment. "
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.
Road Location Survey:
Order No. 2006-017, Section 1, directed that the portion of Harrington Loop from the intersection with Petersen
Ridge Road to its intersection with Gist Road be surveyed to determine the location and width of the road. The
Exhibit "A"
1 of 2
Quality Services Performed with Pride
survey and legal description for this legalization was completed in 1986 is attached to Order 2006-018 as Exhibit
«B„
Notification and Compensation for Property Affected by Road Legalization:
The Road Department provided notice of the proceedings for legalization of Harrington Loop, including the March
22, 2006 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2006-017. The Road
Department received calls from several residents and the main question concerned what the legalization meant and
how it affected their property. When it was explained that the location of the road would not be changing and that it
would not affect any property, they were satisfied with the explanation.
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.
Recommendation:
Contingent upon testimony and findings presented at the public hearing, the Engineer recornmends Board approval
and signature of Order 2006-018 legalizing Harrington Loop 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. The survey was completed in 1986, the
monumentation 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.
Exhibit "A"
2 of 2
Legalization of a portion of Harrington Loop K D o D in Deschutes County, OR
E -EN' R
I I T-P, I
IV LN
Start of Legalization
PETERSON RIDGE RDv
O \
O L
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0
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B RE Z AY
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Lil
HA R NG ON L OP
20
End of Legalization f
/ SERE ITY AY
Locator Map Feet
500 0 soo 1,000 1,500
Exhibit "A"
Page 3 of 3
Legend
+ Portion to be legalized IIUII
County Roads
Taxlots
Printed: January 4, 2006
The information on this map was derived from digital databases on
Deschutes County Ro.id Dep.artmont DeschutesCounty's G.IS. Care was taken in thecreatimofthis
.e map, but it is provided "as is". Deschutes County cannot accept any
John Anderson. GIS Special,I responsibility for enors, omissions, or positional accuracy in the digital
c cuLIDq enoels+il:~2-1102 data or the underlying records. There are no warranties, express or
LI~-IL LJI em:•a JOno~ar.•nE:.nm<; impiied,includng th a warranty or merchantability or fitnessfor a
nnw>e 2,'1" sr particular purpose, accompanying this predict. However, notification
en~n Cm onG? of any errors will be appreciated.
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