2013-982-Order No. 2013-018 Recorded 6/7/2013REVIEW n
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/V,~~ CIO COMMISSIONERS' JOURNAL 06/01/2013 11:30:43 AM
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
An Order Completing Legalization
Procedures for a portion of O.B. Riley Road
in Deschutes County, Oregon
ORDER NO. 2013-018
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2013-030, the Board of County
Commissioners (Board) initiated the legalization of a portion of O.B. Riley Road, in Deschutes County,
Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2012-020, the Board caused a portion of
O.B. Riley 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 5, 2013 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 a portions of O.B. Riley 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 O.B. Riley 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. 2013-018
Section 4. That the survey of a portion of O.B. Riley 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 O.B. Riley Road as
provided herein, any records showing the location of O.B. Riley Road in conflict with the location as
described herein shall become void.
DATED this day of 12013.
ell
A T T T:
_i
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
aL,
ALAN GER, CHAI
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TAM BANEY, VICE AIR
ANTHONY DEBONE, COMMISSIONER
Page 2 of 2 - ORDER NO. 2013-018
JTES
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61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
ENGINEER'S REPORT
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GEORGE KOLB, COUNTY ENGINEER
SUBJECT: LEGALIZATION OF A PORTION OF 0. B. RILEY ROAD
DATE: 5/23/2013
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order
No. 2013-017, concerning the investigation by the Road Department Engineer of the proposed
legalization of a portion of O.B. Riley Road.
Background:
The Road Department is currently working on a drainage and alignment issue at the intersection of O.B.
Riley Road and Tumalo Reservoir Road. Because of the amount of heavy truck traffic using this
intersection and the deterioration of pavement as a result of storm water that collects on the inside of the
curve, the Road Department needs to go in and construct a larger paved radius to allow the use of the
heavy trucks and also construct a drainage swale to contain the water. During the course of investigating
the problem, the Road Department found out that the portion of Tumalo Reservoir Road at the
intersection with O.B. Riley Road lies outside of the road right-of-way on State of Oregon Parks and
Recreation Department property. In order to purchase right-of-way to correct the problems at this
intersection, a legal description will have to be written which will require using the centerline of O.B. Riley
Road. Research done by the Road Department indicates that this portion of O.B. Riley Road was
established in 1908 as the Ovid W.B. Riley Road with a right-of-way width of 60 feet. The establishment
for this road did not contain an actual, retraceable metes and bounds description of the alignment
centerline. In order to write the legal description for the right-of-way acquisition, the existing centerline of
the road will have to be legalized per Oregon Revised Statutes. The proposed legalization will
encompass the 0.65 mile segment of the road lying between the Deschutes River at Tumalo State Park
and the north line of Section 6, Township 17 South, Range 12 East.
Road Location Survey:
Order No. 2013-017, Section 1, directed that this portion of O.B. Riley Road located be surveyed to
determine the location and width of the road. The survey and legal description for this legalization is
attached to Order 2013-018 as Exhibit "B".
Notification and Compensation for Property Affected by Road Legalization:
The Road Department provided notice of the proceedings for legalization of a portion O.B. Riley Road,
including the June 5, 2013 hearing, by posting and by service to owners of abutting land pursuant to
Order No. 201-017. Four (4) notices were sent out by certified mail with four (4) returned to the Road
Department. The Road Department received no comments from the public concerning this legalization.
Quality Services Performed with Pride
EXHIBIT A
PAGE 2 OF 2
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 County Engineer
recommends Board approval and signature of Order 2013-018 legalizing a portion of O.B. Riley 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"
Legal Description for the 2013 Legalization of Page 1 of 2
A Portion of O. B. Riley Road
A 60.00 foot wide strip of land for roadway and utility purposes located in the Northwest
one-quarter of the Southeast one-quarter (NW1/4 SE1/4), the Southwest one-quarter of
the Northeast one-quarter (SW1/4 NE1/4) and Government Lot 2 of Section 6, Township
17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, lying
30.00 feet on either side of the following described centerline:
Commencing at the 5/8" rebar monumenting the North 1/4 corner of said
Section 6, thence S00°20'21 "E a distance of 2633.83 feet along the north-south
center line of Section 6 to a 5/8 rebar with an illegible aluminum cap
monumenting the center 1/4 of said section 6; thence leaving said north-south
centerline S46°29'41"E a distance of 903.65 to Engineer's Station 100+00.00, a
5/8" rebar in pavement with a 2"aluminum cap stamped "LS 2390" on the south
side of the bridge over the Deschutes River, the Point of Beginning; thence
N1 1°35'45"W a distance of 193.25 feet; thence 398.64 feet along the arc of a
curve to the right with a radius of 501.08 feet and a long chord which bears
N11°11'44"E 388.21 feet; thence N33°59'14"E a distance of 399.19 feet;
thence 472.51 feet along the arc of a curve to the left with a radius of 760.00
feet and a long chord which bears N16°10'34"E 464.94 feet; thence
N01 °38'06"W a distance of 40.14 feet; thence 292.76 feet along the arc of a
curve to the left with a radius of 622.00 feet and a long chord which bears
N15°07'08' W 290.07 feet; thence N28°36'10"W a distance of 350.39 feet;
thence 182.02 feet along the arc of a curve to the right with a radius of 1107.12
feet and a long chord which bears N23053'34"W 181.82 feet; thence
N19°10'58"W a distance of 83.51 feet; thence 382.38 feet along the arc of a
curve to the right with a radius of 542.98 feet and a long chord which bears
N00°59'30"E 374.52 feet; thence N21 °09'58"E a distance of 249.83 feet;
thence 354.20 feet along the arc of a curve to the left with a radius of 955.02
feet and a long chord which bears N10°32'28"E 352.17 feet; thence
N00°05'02"W a distance of 79.72 feet to a 5/8" rebar with a 2" aluminum cap
stamped "LS 2390" at Engineers Station 134+78.54 on the north line of said
section 6 (which is also S89°52'24"E 875.60 feet from the 5/8" rebar
monumenting the north 1/4 corner of said Section 6), the Terminus Point of
this centerline description.
The sidelines of said 60.00 foot strip to be extended or shortened to terminate
at said north line of Section 6.
The bearings for this description are based on the Central Oregon Coordinate
System as shown on the Record of Survey for a portion of the plat of Laidlaw
filed on October 24, 2000 as CS14230 in the Deschutes County Surveyor's
Office. _ a__
PROFESSIONAL
JMYM, Im
WICHOE. J. SERRY
PM&WAL DATE- 12131113
J:\CAD\Projects\w488-00 Cook Ave\loc\OB Riley leglaization\O B Riley Legalization-Igl - Revised.doc Page 1 of 1
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Exhibit "B"
Page 2 of 2
TEMINUS POINT r~~~ RQ
Q.B. RILEY LEGALIZATION
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SEC. 6 r` T1 1S R1 2E
1712060000302 6 5
FIDLER,TERRY & MARY D.
RILEY, OVID W.B. (CHANGE) i /
Established 9/4/1914
Crook Co. 5CJ279
Width: 60' O.B.RILEY ROAD WAS ESTABLISHED IN
APPROXIMATE 1 1908 AND SLIGHTLY RE-ALIGNED IN 1914.
LOCATION) s THE INTENT OF THIS LEGALIZATION IS TO
SUPERSEDE BOTH ALIGNMENTS IN THIS
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1712060000301 O
FIDLER,TERRY & MARY D_
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14 PROPOSED LEGALIZATION ALONG
CENTERLINE OF EXISTING PAVME'NT.
RIGHT-OF-WAY WIDTH = 60 FEET
1712060000701
CASCADES ACADEMY
OF CENTRAL OREGON
CEN ER
SEC. 6
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1712080000100
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POINT OF BEGINNING
O.B. RILEY LEGALIZATION
1712060000100
STATE OF OREGON
PARKS AND RECREATION
PROPOSED LEGALIZATION OF A PORTION OF O.B. RILEY ROAD
IN THE E 1/2 OF SEC. 6, T17S, R12E, W.M., DESCHUTES COUNTY, OREGON
DESCHUTES COUNTY ROAD DEPARTMENT SCALE, 1=500' DRAWN BYIMJB DATE, 4/5/2013 SHEET
61150 S.E. 27TH STREET, BEND, OR. 97702 FILE, w 1 OF 1
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RILEY, OVID W .B.
Established 1115/1908
Crook Co. 4CJ269
Width: 60'
(APPROXIMATE
LOCATION)