2012-1628-Order No. 2012-021 Recorded 6/11/2012RE
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
2 12-1628
RECORDS
CLERK U 2012-1128
06/11/2012 10:28:15 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
An Order Completing Legalization
Procedures for portions of Skyliners Road in, ORDER NO. 2012-021
Deschutes, County, Oregon
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2012-034, the Board of County
Commissioners (Board) initiated the legalization of portions of Skyliners Road, in Deschutes County,
Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2012-020, the Board caused portions of
Skyliners 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 6, 2012 at
10:00 a, m. in the Deschutes County Commissioner's Hearings Room, Deschutes County
Services Center, 1300 NW Wall Street, Bend, Oregon 97701 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 portions of Skyliners 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 portions of Skyliners 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. 2012-021
Section 4. That the survey of portions of Skyliners 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 portions of Skyliners Road as
provided herein. any records showing the location of Skyliners Road in conflict with the location as
described herein shall become void.
DATED this gmeAl -
day of 2012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST: a&
ALAN UNGER , VICECHAIR
Recording Secretary , 1't&S e.L'�
TAMMY BANEY, COMMISSIONER
Page 2 of 2 — ORDER NO. 2012-021
ENGINEER'S REPORT
• Bend, Oregon 97702
• FAX [5411 3BB-2719
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GEORGE KOLB, COUNTY ENGINEER
SUBJECT. LEGALIZATION OF PORTIONS OF SKYLINERS ROAD
DATE: 5/25/2012
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No.
2012-020, concerning the investigation by the Road Department Engineer of the proposed legalization of portions
of Skyliners Road
Background:
The Road Department is currently working with the Federal Highway Administration (FHWA) on the reconstruction
of Skyliners Road through the Forest Highway Program. Research done by the Road Department indicates that
Skyliners Road is a public right-of-way that was established twice in a three year period:
1935: Tumalo Lake Road
Commissioner Journal 3, Page 193, (2/6/1935): Resolution for a 60 foot road beginning at the centerline of
Galveston Avenue in Section 31 of T17S R12E and thence westerly to the west line of the SW % NW Y4 of
Section 10, T18S R10E. This terminus appears to be in the vicinity of the Skyliners Lodge.
Commissioner Journal 3, Page 204 (5/1/1935): Establishment. "Ordered that said road be, and it is hereby,
established".
1938: Tumalo Falls Road
Commissioner Journal 3, Page 404, (6/30/1938): Resolution declaring intention to establish road. No
description or width.
Commissioner Journal 3, Page 414 (8/3/1938): Establishment. Description states from Galveston Avenue
then westerly and south-westerly approximately 10 miles to a point on the west boundary of the NW 1/4 of
Section 10, T1 8S R 1 OE (this is approximately Y4mile farther west than the terminus of the 1935 road). "The
road width is stated as 60 feet.
Both establishment proceedings created a 60 foot right-of-way (30 feet each side of centerline) for this road and
neither proceeding contains an actual, retraceable metes and bounds description of the alignment centerline. The
legalization process will involve only the portions of Skyliners Road that are located on private parcels. As a result
of the road construction, the County will be required to purchase driveway construction easement from sixteen (16)
parcels and the legalized centerline will be needed to provide legal descriptions for the easements. The portion of
Skyliners Road through Forest Service (USFS) property will be granted as an easement from the USFS to
Deschutes County after construction of the road is completed,
Quality Services Performed with Pride
EXHfBIT A
PAGE 2 OF 2
Road Location Survey:
Order No. 2012-020, Section 1, directed that the portions of Skyliners Road located within private parcels be
surveyed to determine the location and width of the road. The survey and legal description for this legalization is
attached to Order 2012-021 as Exhibit "B".
Notification and Comoensation for ProDertv Affected bv Road Leaalization
The Road Department provided notice of the proceedings for legalization of a portion Skyliners Road, including the
June 6, 2012 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2012-020. Thirty
two (32) notices were sent out by certified mail with twenty five (25) returned to the Road Department. The Road
Department had comments from the following people:
1. Tad Hodgert, tax lot 1810000000302: Tad just had general questions regarding the legalization process
2. Chris Morrison, tax lot 1810000000300: Chris just had general questions regarding the legalization process
ORS 368.211 provides for compensation for property affected by road legalization. This statute statesi "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 County Engineer recommends Board
approval and signature of Order 2012-021 legalizing portions of Skyliners 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.
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 "B"
Page 3- of 17
SKYLINERS ROAD LEGALIZATION DESCRIPTION
A STRIP OF LAND 60.00 FEET WIDE OVER THAT PORTION OF THE SOUTH HALF OF
SECTION 35, TOWNSHIP 17 SOUTH, RANGE 11 EAST, TOGETHER WITH THOSE PORTIONS
OF SECTIONS 2, 3,4,5,6,7, AND 8, TOWNSHIP 18 SOUTH, RANGE 11 EAST, ALSO
TOGETHER WITH THOSE PORTIONS OF SECTIONS 1, 2, 10, AND 11, TOWNSHIP 18 SOUTH,
RANGE 10 EAST, WILLAMETTE MERIDIAN, IN THE COUNTY OF DESCHUTES, STATE OF
OREGON, SAID SIDELINES OF THIS DESCRIPTION BEING 30.00 FEET PERPENDICULAR TO
AND PARALLEL WITH OF THE FOLLOWING DESCRIBED CENTERLINE:
BEARINGS AND COORDINATES REFERENCED IN THIS DESCRIPTION ARE BASED ON THE
BEARING BETWEEN CONTROL MONUMENTS CP -4 AND CP -12 AS SHOWN ON CONTROL
SURVEY, CS 18089 AS DETERMINED FROM THE CENTRAL OREGON COORDINATE
SYSTEM, RECORDS OF DESCHUTES COUNTY, BEARING NORTH 78 DEGREES 57 MINUTES
17 SECONDS EAST.
COORDINATE VALUES FOR CP -4 IS NORTH 376,252.00, EAST 3,239,038.99 AND
CP -12 IS NORTH 383,729.72, EAST 3,277,347.21.
Commencing at the beginning of a curve concave Northerly and having a radius of 525.00
feet, said curve lying in the centerline of an existing roadway at Station 1101+45.88 having
a coordinate value of North 376,159.142, East 3,237,619.871 from which a 2Y2"aluminum
cap stamped %S 702" as shown on survey CS 18112 filed at the Deschutes County
surveyor's office monumenting the Northeast corner of Section 10, Township 18 South,
Range 10 East, bears North 62 degrees 30 minutes 19 seconds East 4,378.16 feet,
Thence Easterly along and around said curve through a central angle of 05 degrees 54
minutes 23 seconds an arc distance of 54.12 feet, and whose long chord bears South 44
degrees 08 minutes 56 seconds East for a distance of 54.10 feet to a point on said curve at
station 1102+00.00 having a coordinate value of North 376,120.248, East 3,237,657.567
and marking the TRUE POINT OF BEGINNING of said centerline of a 60 -foot wide right of
way;
Thence continue Easterly along the arc of said curve concave Northerly through a central
angle of 49 degrees 59 minutes 13 seconds an arc distance of 458.03 feet, and whose long
chord bears South 72 degrees 05 minutes 44 seconds East, a distance of 443.64 feet;
Thence along a tangent line North 82 degrees 54 minutes 39 seconds East a distance of
191.41 feet to the beginning of a curve to the left, concave northerly having a radius of
1,650.00 feet,
Page 1 of 8
EXHIBIT"B"
Page 2 of 17
Thence along and around the arc of said curve through a central angle of 06 degrees 33
minutes 49 seconds an arc distance of 189.02 feet, and whose long chord bears North 79
degrees 37 minutes 45 seconds East for a distance of 188.92 feet,
Thence along a tangent line North 76 degrees 20 minutes 50 seconds East a distance of
82.66 feet to the beginning of a curve to the left, concave northerly having a radius of
1,400.00 feet,
Thence along and around said curve through a central angle of 17 degrees 26 minutes 17
seconds and arc distance of 426.09 feet, and whose long chord bears North 67degrees 37
minutes 42 seconds East for a distance of 424.45 feet;
Thence along a tangent line North 58 degrees 54 minutes 34 seconds East a distance of
655.62 feet to a point lying 30 feet southerly of as measured right angles to the westerly
projection of the northerly right of way line of Tumalo Falls County Road as shown on
official plat of Skyline Subdivision, recorded as CS 09756 and marking roadway Station
1122+02.83;
Thence along a line 30 feet southerly of as measured perpendicular to and parallel with
said northerly right of way line North 58 degrees 24 minutes 23 seconds East a distance of
655.63 feet,
Thence continuing along said parallel line North 58 degrees 23 minutes 23 seconds East a
distance of 330.96 feet;
Thence continuing along said parallel line North 58 degrees 49 minutes 23 seconds East a
distance of 721.66 feet;
Thence continuing along said parallel line North 58 degrees 07 minutes 23 seconds East a
distance of 291.14 feet,
Thence continuing along said parallel line North 56 degrees 12 minutes 08 seconds East a
distance of 383.87 feet,
Thence leaving said parallel line and continuing along said centerline North 54 degrees 03
minutes 59 seconds East a distance of 1,557.69 feet to the beginning of a curve to the right,
concave southerly having a radius of 2,600.00 feet;
Thence along and around the arc of said curve through a central angle of 06 degrees 20
minutes 57 seconds, an arc distance of 288.11 feet, and whose long chord bears North 57
degrees 14 minutes 27 seconds East for a distance of 287.96 feet to the beginning of a
compound curve to the right having a radius of 1,800.00 feet,
Page 2 of 8
EXHIBIT "B"
Page 3 of 17
Thence along and around the arc of said curve through a central angle of 11 degrees 08
minutes 27 seconds, a distance of 350.00 feet, whose long chord bears North 65 degrees 59
minutes 09 seconds East for a distance of 349.44 feet;
Thence along a tangent line North 71 degrees 33 minutes 22 seconds East a distance of
88.76 feet to a curve to the right, concave southerly having a radius of 1,541.08 feet;
Thence along and around the arc of said curve through a central angle of 11 degrees 15
minutes 18 seconds a distance of 302.73 feet, whose long chord bears North 77 degrees 11
minutes 01 seconds East for a distance of 302.24 feet,
Thence along a tangent line North 82 degrees 48 minutes 41 seconds East a distance of
55.01 feet to the beginning of a curve to the right, concave southerly having a radius of
1,832.75 feet;
Thence along and around the arc of said curve through a central angle of 10 degrees 24
minutes 38 seconds, a distance of 333.01 feet, whose long chord bears North 88 degrees
01minutes 00seconds East for a distance of 332.55 feet;
Thence along a tangent line South 86 degrees 46 minutes 41 seconds East a distance of
100.54 feetto the beginning of a curve to the right, concave southerly having a radius of
1,500.00 feet,
Thence along and around the arc of said curve through a central angle of 09 degrees 32
minutes 58 seconds, a distance of 250.00 feet, whose long chord bears South 82 degrees 00
minutes 12 seconds East for a distance of 249.71 feet to the beginning of a compound curve
to the right, concave southerly having a radius of 2,100.00 feet;
Thence along and around the arc of said curve through a central angle of 08 degrees 11
minutes 06 seconds, a distance of 300.00 feet, whose long chord bears South 73 degrees 08
minutes 10 seconds East for a distance of 299.74 feet,
Thence along a tangent line South 69 degrees 02 minutes 37 seconds East a distance of
504.61 feet to the beginning of a curve to the left, concave northerly having a radius of
1,950.00 feet;
Thence Easterly along and around the arc of said curve through a central angle of 3 1
degrees 12 minutes 54 seconds an arc distance of 1,062.37 feet, and whose long chord
bears South 84 degrees 39 minutes 04 seconds East for a distance of 1,049.28 feet;
Thence along a tangent line North 79 degrees 44 minutes 29 seconds East a distance of
3882.33 feet to the beginning of a curve to the right, concave southerly having a radius of
2,550.00 feet;
Page 3 of 8
EXHIBIT "B"
Page 4 of 17
Thence along and around said curve through a central angle of 24 degrees 55 minutes 03
seconds an arc distance of 1108.97 feet, and whose long chord bears South 87 degrees 48
minutes 00 seconds East for a distance of 1,100.25 feet;
Thence along a tangent line South 75 degrees 20 minutes 29 seconds East a distance of
859.30 feet to the beginning of a curve to the right, concave southwesterly having a radius
of 1,450.00 feet,
Thence along and around said curve through a central angle of 30 degrees 59 minutes 38
seconds an arc distance of 784.37 feet, and whose long chord bears South 59 degrees 50
minutes 41 seconds East for a distance of 774.84 feet,
Thence along a tangent line South 44 degrees 20 minutes 52 seconds East a distance of
409.21 feet to the beginning of a curve to the left, concave northeasterly having a radius of
2,100.00 feet;
Thence along and around said curve through a central angle of 20 degrees 54 minutes 27
seconds an arc distance of 766.30 feet, and whose long chord bears South 54 degrees 48
minutes 04 seconds East for a distance of 762.06 feet;
Thence along a tangent line South 65 degrees 15 minutes 18 seconds East a distance of
171.95 feet to the beginning of a curve to the left, concave northerly having a radius of
2,250.00 feet;
Thence along and around said curve through a central angle of 21 degrees 49 minutes 00
seconds an arc distance of 856.74 feet, and whose long chord bears South 76 degrees 09
minutes 49 seconds East for a distance of 851.57 feet-,
Thence along a tangent line South 87 degrees 04 minutes 19 seconds East a distance of
4441.43 feet to the beginning of curve to the left, concave northerly having a radius of
1,250.00 feet;
Thence along and around said curve through a central angle of 28 degrees 08 minutes 14
seconds an arc distance of 613.86 feet, and whose long chord bears North 78 degrees 51
minutes 34 seconds East for a distance of 607.71 feet;
Thence along a tangent line North 64 degrees 47 minutes 27 seconds East a distance of
1,011.62 feet to the beginning of a curve to the right, concave southeasterly having a radius
of 2,750.00 feet;
Thence along and around said curve through a central angle of 12 degrees 52 minutes 12
seconds an arc distance of 617.71 feet, and whose long chord bears North 71 degrees 13
minutes 33 seconds East for a distance of 616.41 feet,
Page 4 of 8
EXHIBIT "B"
Page 5 of 17
Thence along a tangent line North 77 degrees 39 minutes 39 seconds East a distance of
743.90 feet to the beginning of a curve to the right, concave southerly having a radius of
2,265.00 feet,
Thence along and around said curve through a central angle of 19 degrees 54 minutes 33
seconds an arc distance of 787.04 feet, and whose long chord bears North 87 degrees 36
minutes 55 seconds East for a distance of 783.09 feet,
Thence along a tangent line South 82 degrees 25 minutes 49 seconds East a distance of
476.16 feet to the beginning of a curve to the left, concave northerly having a radius of
1,175.00 feet;
Thence along and around said curve through a central angle of 46 degrees 42 minutes 25
seconds an arc distance of 957.85 feet, and whose long chord bears North 74 degrees 12
minutes 58 seconds East for a distance of 931.55 feet,
Thence along a tangent line North 50 degrees 51 minutes 45 seconds East a distance of
2333.72 feet to the beginning of a curve to the right, concave southeasterly having a radius
of 1,125.00 feet,
Thence along and around said curve through a central angle of 25 degrees 48 minutes 20
seconds an arc distance of 506.69 feet, and whose long chord bears North 63 degrees 45
minutes 54 seconds East for a distance of 502.42 feet;
Thence along a tangent line North 76 degrees 40 minutes 04 seconds East a distance of
1,490.69 feet to the beginning of a curve to the left, concave northerly having a radius of
4,100.00 feet;
Thence along and around said curve through a central angle of 07 degrees 19 minutes 45
seconds an arc distance of 524.47 feet, and whose long chord bears North 73 degrees 00
minutes 11 seconds East for a distance of 524.11 feet;
Thence along a tangent line North 69 degrees 20 minutes 18 seconds East a distance of
1,277.89 feet to the beginning of a curve to the left, concave northerly having a radius of
5,450.00 feet,
Thence along and around said curve through a central angle of 05 degrees 35 minutes 50
seconds an arc distance of 532.41 feet, and whose long chord bears North 66 degrees 32
minutes 24 seconds East for a distance of 532.20 feet;
Thence along a tangent line North 63 degrees 44 minutes 29 seconds East a distance of
1,566.97 feet to the beginning of a curve to the right, concave southerly having a radius of
2,750.00 feet,
Page 5 of 8
EXHIBIT"B"
Page 6 of 17
Thence along and around said curve through a central angle of 19 degrees 50 minutes 41
seconds an arc distance of 952.48 feet, and whose long chord bears North 73 degrees 39
minutes 49 seconds East for a distance of 947.73 feet;
Thence along a tangent line North 83 degrees 35 minutes 10 seconds East a distance of
498.71 feet to the beginning of a curve to the left, concave northerly having a radius of
2,650.00 feet,
Thence along and around said curve through a central angle of 15 degrees 59 minutes 25
seconds an arc distance of 739.57 feet, and whose long chord bears North 75 degrees 35
minutes 27 seconds East for a distance of 737.17 feet;
Thence along a tangent line North 67 degrees 35 minutes 45 seconds East a distance of
199.00 feet,
Thence along a tangent line North 66 degrees 51 minutes 02 seconds East a distance of
75.11 feet to a point lying on the platted centerline of Skyliners Road as shown on
Highlands at Broken Top, Phase I and Phase 2 plats recorded as CS 15548 and CS 15983;
Thence continue along said platted centerline North 67 degrees 04 minutes 40 seconds
East a distance of 99.32 feet to beginning of a curve to the right, concave southeasterly
having a radius of 2,000.00 feet;
Thence continue along said platted centerline and around the arc of said curve through a
central angle of 0 degrees 42 minutes 16 seconds a distance of 24.59 feet, and whose long
chord bears North 67 degrees 19 minutes 56 seconds East for a distance of 24.59 feet,
Thence continue along said platted centerline North 67 degrees 41 minutes 04 seconds
East a distance of 1,125.49 feet to the beginning of a curve to the right, concave southerly
having a radius of 5,643.80 feet,
Thence continue along said platted centerline and around said curve through a central
angle of 15 degrees 13 minutes 48 seconds an arc distance of 1,500.20 feet, and whose long
chord bears North 75 degrees 17 minutes 58 seconds East for a distance of 1,495.79 feet,
Thence continue along said platted centerline North 82 degrees 54 minutes 52 seconds
East a distance of 194.89 feet;
Thence along a tangent line North 86 degrees 58 minutes 34 seconds East a distance of
894.11 feet to the southerly projection of the westerly right of way line of Crosby Road
deed recorded in Volume 2008-14744 and being the centerline of Skyliners Road as shown
on Highland at Broken Top Phases 1 and 2 Plats, recorded as CS 15548 and CS 15983,
County of Deschutes, said point also lying 30 -foot southerly of as measured perpendicular
to the westerly projection of the northerly right of way of said Skyliners Road at Station
Page 6 of 8
EXHIBIT "B"
Page 7 of 17
1528+03.97 having coordinates value of North 383,761.531, East 3,277,336.009 and being
the POINT OF TERMINATION of said centerline of a 60 -foot wide right of way;
Thence as reference ties to said point of termination and leaving said centerline 60 -foot
wide right of way and along the centerline existing Skyliners road right of way North 86
degrees 58 minutes 34 seconds East a distance of 1,575.49 feet to the intersection of the
East line of said Section 35 having coordinates value of North 383,844.642, East
3,278,909.302;
Thence along said East line, South 00 degrees 13 minutes 38 seconds West a distance of
465.16 feet to the Southeast corner of said Section 35 having coordinate values of North
383,379.490, East 3,278,907.458 and the end of description.
The sidelines of said 60 -foot wide right of way shall terminate at right angles to the TRUE
POINT OF BEGINNING and POINT OF TERMINATION as described herein.
Page 7 of 8
EXHIBIT "B"
Page 8 of 17
Said above described centerline right of way length being 8.069 miles more or less and
shown on legalization plat by this reference being made a part hereof.
The intent of this legalization description is to describe a line that follows the as -built
centerline of existing pavement with the exception of areas within Highlands at Broken
Top, Phases 1 and 2 Plats, recorded as CS 15548 and CS 15983, County of Deschutes, and
the Official Plat of Skyline subdivision, recorded as CS 09756, the centerline right of way
follows a best fit solution to conform with previously platted lands where evidence of the
right of way exists by evidence of found lot corners.
REGISTERED
PROFESSIONJAL
LAND SURVEYOR
OREGON
NOVEMBER 8, 2011
MICHAEL ROBERT MERRrrT
L 8S?_S4 I
Preparoed anoer the r
;;yupervisio!ipf
Date: 41
Michael R. Merritt, P.L.S. # 85254 LS
Expires 12/31/12
WHITE SHIELD, INC.
23412 681h Avenue South
Kent, WA 98032
Telephone (253) 867-6070
Page 8 of 8
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