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2014-530-Order No. 2014-022 Recorded 11/3/2014 DESCHUTES NANCY BLANKENSHIP,PCOUNTY CLERK OS CJ 2014.530 COMMISSIONERS' JOURNAL 11/03/2014 08:51:34 AM REVIEWED 1111111111111111111 tYL/ 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 Neff Road in * ORDER NO. 2014-022 Deschutes County, Oregon WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2014-116, the Board of County Commissioners (Board) initiated the legalization of a portion of Neff Road, in Deschutes County, Oregon; and WHEREAS, pursuant to ORS 368.206, and by Order No. 2014-021, the Board caused a portion of Neff 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, October 22, 2014 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 Neff 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 Neff 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. 2014-022 Section 4. That the survey of a portion of Neff 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 Neff Road as provided herein, any records showing the location of Neff Road in conflict with the location as described herein shall become void. DATED this aa. day of 0 e,T-O 10 e.f' , 2014. BOARD OF COUNTY COMMISSIONERS OF D = 'UTES, COUNT , REGON kit- Iiali& TAM"A Y, CHAT ATTEST: aha/&*-- ANTHONY Y DEBONE, VICE CHAIR 44 (dam,ecording Secre ALAN UNGER, CO MISSIONER Page 2 of 2—ORDER NO.2014-022 i Legalization of a Portion of Neff Rd I I /(NE NEFF RD _. � % — -. (, ALEALEAMKTRD a/ - - - . . - - - - /� _/ Portion to be Legalized .. � : t�Y ffO / Q/ '` - /et, / H I 1 . 1 r 1 r 1 r I Locator Map 0 300 600 900 1,200 Feet Lu _� P Printed: ~ .� col September 2, 2014 rt BEND m = Key I- -r — John Anderson,GIS Analyst = a .;.....4 Phone:(541)322.7102 CO NEFF RD ALFALFA MKT �— Legalization • A+. Email:john.anderson@deschute.s.org aos .- Address:61150 SE 27th St { Bend,OR 97702 N — State Highway „ Road Department BEAR CREEK RD County Roads The information on this map was derived from digital databases on s Deschutes County's G.I.S. Care was taken in the creation of this ,, Location - EC I--- but It Is provided as is". Deschutes County cannot accept any (�� responsibility for errors,omissions,or positional accuracy in the digital Legalization Other Roads data or the underlying records. There are no warranties,express or implied,indudng the warranty of merchantability or fitness for a particular purpose,accompanying this product. However,notification Tax I ots rti of�n errors will be appreciated. P:ArcGIS_Projects\Legalization\Neff Exhibit A Page 1 of 2 J-TES C� p/ { Road Department 61150 SE 27th St. •Bend,Oregon 97702 44400: (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 NEFF ROAD DATE: 10/13/2014 This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No. 2014-021, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion of Neff Road. Background: Deschutes County is working on the construction of a roundabout at the intersection of Powell Butte Highway, Neff Road and Alfalfa Market Road. Neff Road in this area was established in 1909 as the E.A. Richardson Road with a right of way width of 60 feet. The E.A. Richardson Road was surveyed west-east along the section line. However, approximately 600 feet west of the intersection with what is now the Powell Butte Highway, the road jogged southerly about sixty feet to avoid a rock outcrop and then jogged back up to the section line. As evidenced by aerial photographs, between 1951 and 1976, the physical road was straightened through the rock outcrop although no additional right-of-way was dedicated. The right-of-way in the abandoned 1909 "jog" was not vacated. Current tax lot maps do not show the old configuration and erroneously show valid right-of-way through the road outcrop area. In 1987, the Powell Butte Highway/Neff Road/Alfalfa Market Road intersection was reconstructed and additional right-of-way was obtained from tax lot 1713310000105 in the southwest quadrant of the intersection. This facilitated a slight re-alignment of the east terminus of Neff Road at Powell Butte Highway but did not resolve the right-of-way gap and excess right-of-way in the rock outcrop area. The construction of the roundabout may require the purchase of additional right of way therefore an established centerline is needed to prepare legal descriptions for the documents. This legalization will encompass the portion of Neff Road from the intersection with Powell Butte Highway west for approximately 0.19 miles. Exhibit A Page 2 of 2 Road Location Survey: Order No. 2014-021, Section 1, directed that this portion of Neff Road be surveyed to determine the location and width of the road. The survey and legal description for this legalization is attached to Order 2014-022 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 Neff Road, including the October 22, 2014 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2014-021. 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. 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 2014-022 legalizing a portion of Neff 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 2014 Legalization of Page 1 of 2 A Portion of Neff Road A 60.00 foot wide strip of land for roadway and utility purposes located in the Southeast one-quarter of the Southeast one-quarter (SE1/4 SE1/4) of Section 30 and the Northeast one-quarter of the Northeast one-quarter (NE1/4 NE1/4) of Section 31, Township 17 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon, lying 30.00 feet on either side of the following described centerline: Commencing at the one-quarter corner common to said sections 30 and 31, a 2-1/2" Aluminum Cap on a 5/8" rebar in the centerline of Neff Road as described in the Oregon Corner Restoration Record #922 as filed at the Deschutes County Surveyor's Office, thence along said section line S89°56'36"E a distance of 1320.50 feet to Engineer's Station 20+00.00, a 5/8" rebar 5 inches below the pavement surface monumenting the East 1/16 corner of said sections 30 and 31and being the Point of Beginning of this centerline description; thence continuing along said section line S89°56'36"E a distance of 199.98 feet to Engineer's Station 21+99.98 PC; thence leaving said section line 89.37 feet along the arc of a 21681.69 foot radius curve to the left, the long chord of which bears N89°56'19"E a distance of 89.37 feet; thence N89°49'14"E a distance of 250.98 feet to Engineer's Station 25+40.33 PC; thence 301.72 feet along the arc of a 2899.63 foot radius curve to the right, the long chord of which bears S87°11'54"E a distance of 301.59 feet; thence S84°13'03"E a distance of 124.44 feet to the westerly right of way line of the Powell Butte Highway, being 30.00 feet westerly of and parallel with the centerline of said Powell Butte Highway (originally the 1928 Bend - Prineville Market Road), and being the easterly Terminus Point of this centerline description. The sidelines of said 60.00 foot strip to be extended or shortened to begin at the west lines of the SE1/4 SE1/4 of Section 30 and the NE1/4 NE1/4 of Section 31 and to end at the westerly right of way line of the Powell Butte Highway. The bearings for this description are based on the Deschutes County Surveyor's Office Central Oregon Coordinate System. This parcel is depicted on the attached map titled "Neff Road Legalization Sketch" which is incorporated herein by this reference. REGISTERED PROFESSIONAL 9 RVEY ,yr RENEWAL DATE 12/31//5 J_\GAD\Projects\W653-Powell Butte Alfalfa Mrkt\docs\Tetherow Road Legalization 2014-Igl.doc Page 1 of 1 09/02/14 12:50 PM mjb II I CY W cv 1 w c W p O 0. I Q a O rn 0 -a ziv I LI ' WU'z U-o�� I I W Z � cVr I I 1 N M Z LLW O m71 z zW a ❑ o onw0 )_ "' ¢ 0 0 0 0 I `� N z ~ Z § W S Q ? 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