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2015-166-Order No. 2015-024 Recorded 4/27/2015 REVIEWED NANCY UBLANKCOUNTY ENSHIP,FCOUNTY CLERK C 1015466 O(' COMMISSIONERS' JOURNAL 04/27/2015 09:02:05 AM Y '� LEGAL COUNSEL II I IIIIIIIIIIIIIIIIIIIIIIII ITar I we 1 fl I _ cIrrrw y BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON An Order Causing a portion of Tetherow * Road in Deschutes County, Oregon to be * Surveyed, Causing the County Road * ORDER NO. 2015-024 Official to File a Report on the Matter and * Causing Notice of the Legalization Process * for Tetherow Road to be provided. * WHEREAS, ursuant to ORS 368.201, and by Resolution No. 2015-030, the Board of p Y County Commissioners initiated the legalization of a portion of Tetherow Road, in Deschutes County, Oregon; and WHEREAS; this action was previously presented through Order No. 2015-015 and Resolution 2015-015, but due to scheduling issues, the hearing date was changed from May 6, 2015 to June 3, 2015; WHEREAS, the Board of County Commissioners seeks to undertake proceedings to legalize a portion of Tetherow Road according to the requirements of ORS 368.201 to 368.221; now, therefore, THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON ORDERS as follows: Section 1. That the portion of Tetherow Road 75 feet westerly of the east line of the Central Oregon Park and Recreation Districts "Tetherow Crossing Park" and ending at the north property line of Tax Lot 141236D000400 as shown in Exhibit "A", attached hereto and incorporated herein, be surveyed to determine the location and width of the road according to the laws governing the width of roads at the time Tetherow Road was originally established, including road right of way subsequently dedicated to the public in conjunction with adjacent development. Section 2. That the County Road official file a written report with the Board of County Commissioners including the survey required by Section 1 herein and any other information requested by the Board. Page 1 of 2 — ORDER NO. 2015-024 Section 3. That a hearing before the Board of County Commissioners shall be held on Wednesday, June 3, 2015, 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 consideration of information contained in the County Road official's report as well as any information that controverts or supports matters presented to the Board in the course of the legalization proceedings or that alleges any new matter relevant to the proceeding. Section 4. That notice of the proceedings for legalization of a portion of Tetherow Road, including the hearing set by Section 3 herein, be provided by posting, publication and by service to abutting land in a form that substantially conforms to Exhibit "B", attached hereto and by this reference incorporated herein, pursuant to the notice requirements established by ORS 368.401 to 368.426. DATED this 22 day of 2015. BOARD OF COUNTY COMMISSIONERS OF DES CHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ATTEST: A A UNGER, VICE C A IR Recording Secretary - TAMMY : A NEY, C MISSIONER Page 2 of 2 — ORDER NO. 2015-024 \ ). Li t r ° ,I\\ OLo r <7 L..O w rte : J � •. 7T 0 - v) o O W�m.= A. a © w � p \ �Q \ .n ��vQO r q w-IS ° er w p 0Q (1) in Li rci Ur a �I • �z � ¢ z Z W O " =I o°a 20 ,� J � 0C) Xw • -Q \ o � �ry on � cc°o ° o � cNa ct cn �°` d�� •-i ° of 1- 1-- \ zoo "�x 9 • A� N T .r- rnzo} LiZ� �� �� J ��♦ w w w w w w 0 1 OnOQ m \ Li hi Q C5 i. 1... 00 cx .r N - in - U � �— X o Q .c .-- N, 1o � Ino w o- ZONi0Op \ o II Cr 0 Dc , 9? t. —I - wm °p �t a LO h-co—Q N I- .�----- Q '�°' . Z op CO I-- et- d- r) —t� co Z__I W p Xp((). r\'. , / J (n (n (/7 Z Z - La O(F-QQ oQQw \ � I G�j°, ,X� �� _ J N r) (O N 17•...1 J J._I .-I -J O O 0 w o \ Imo. 0 eG e -5.2) \cD C.,, J N w in Li mXQmN u) Z Q� q�` \I J E. 0 X Q. CV _ j � N N Q 04 mI7 � � rn 4 N � �\N , oes o 6 -. 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I / O Q Z u)Z LLI w O 6 (O (t) co O _4 QUI w w NZ (n Z Li..I J N N L,mj Q _l r ¢Z wLi_I O - 0 w U) as C w W Cr) Q N d- [) (0 r ¢ - O d', _- JmL.Z m C U U U 0 U U LJ G� I cn fY w w U) I— ilk _ q z c I- �v' O 1 4111116)- P v) CU / �� 42i M02i1H131 o Z I- Lw N■ — to LLJ w Q Et w 4 Li 0 .Q O w I-W n o II w m �w (n ` ( ai (f (f) �� r ¢ -I ~ I—T _Z CO,- - Lil vC � .0.4 CI 0-00 w CO 7 Z c0 l; Z J N-_ U I I-OF-o ; Q Z Q cw It 111 0 ft O UUwQ � Q1-� m1-0O O� wCC Owp3 Y I I Exhibit "A" Legal Description for the 2015 Legalization of Page 2 of 3 A Portion of Tetherow Road A 60.00 foot wide strip of land for roadway and utility purposes located in the Southwest one-quarter of the Northeast one-quarter (SW1/4 NE1/4), the Southeast one-quarter of the Northeast one-quarter (SE1/4 NE1/4) and the Northeast one-quarter of the Southeast one-quarter (NE1/4 SE1/4) of Section 36, Township 14 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 Southwest Corner of Lot 9, Block 2, Tetherow Crossing Phase II; thence along the north right-of- way line of Yucca Avenue N86°21'18"E a distance of 595.17 feet to a 5/8" rebar monumenting the Southeast Corner of Lot 7, Block 2, Tetherow Crossing Phase II; thence leaving said Yucca Avenue right-of-way line, S87°16'05"E a distance of 1136.35 feet to a point at the centerline of the 1892 Barnett Road identified as Point "B" on the survey filed at the Deschutes County Surveyor's Office as CS18696 titled "2014 Right-of- Way Map For the Legalization of a Portion of Tetherow Road", said Point "B" being Engineer's Station 30+00.00 and the Point of Beginning of this 2015 centerline description; thence S88°41'11"E a distance of 24.66 feet to Engineer's Station 30+24.66 P.I; thence S64°42'32"E a distance of 148.40 feet to Engineer's Station 31+73.06 P.C.; thence 106.97 feet along the arc of a 631.87 foot radius curve to the left, the long chord of which bears S69°33'32"E a distance of 106.84 feet to Engineer's Station 32+80.03 P.T.; thence S74°24'31"E a distance of 81.02 feet to Engineer's Station 33+61.05 P.C.; thence 219.69 feet along the arc of a 413.18 foot radius curve to the right, the long chord of which bears S59°10'35"E a distance of 217.11 feet to Engineer's Station 35+08.74 P.T.; thence S43°56'39"E a distance of 213.41 feet to Engineer's Station 37+94.15 P.C.; thence 65.53 feet along the arc of a 335.12 foot radius curve to the left, the long chord of which bears S49°32'45"E a distance of 65.42 feet to Engineer's Station 38+59.68 P.T.; thence 855°08'50"E a distance of 23.51 feet to Engineer's Station 38+83.19 P.C.; thence 65.00 feet along the arc of a 160.00 foot radius curve to the left, the long chord of which bears S66°47'08" E a distance of 64.55 feet to Engineer's Station 39+48.19 P.C.C.; thence 84.84 feet along the arc of a 80.00 foot radius compound curve to the left, the long chord of which bears N 71°1145"E a distance of 80.92 feet to Engineer's Station 40+33.03 P.T.; thence N40°48'55"E a distance of 61.24 feet to Engineer's Station 40+94.27 P.C.; thence 250.64 feet along the arc of a 2470.37 foot radius curve to the left, the long chord of which bears N 37°54'31" E250.54 feet to Engineer's Station 43+44.92 P.T.; thence N35°00'07"E a distance of 104.67 feet to Engineer's Station 44+49.58 P.C.; thence 8.29 feet along the arc of a 320.17 foot radius curve to the right, the long chord of which bears N35°44'37"E 8.29 feet to Engineer's Station 44+57.87 P.O.C., at the east-west centerline of said Section 36, being the easterly Terminus Point of this centerline description, from which the 3" diameter aluminum Deschutes County Surveyors Office cap stamped "L.S. 804" marking the east one-quarter corner of said Section 36 bears S89°34'45"E a distance of 347.23 feet J:\CAD\Projects\W660-TETHEROW-SLIDE\DOC\Tetherow Road Legalization 2015-Igl.docx Page 1 of 2 3/3/2015 Exhibit "A" Page 3 of 3 along said east-west centerline and also from which the 1/2" iron rod marking an angle point in the exterior boundary of the plat of "Woody Acres" at the prolongation of the lot line common to lots 5 and 6 of said plat bears N89°34'45"W 1.31 feet. The sidelines of said 60.00 foot strip to be extended or shortened to begin at the right-of-way lines of the 1892 Barnett Road segment west of the aforementioned point "B" that bear S88°41'11"E on the aforementioned survey CS18696, and to terminate at the east-west centerline of said Section 36 at said station 44+57.87 P.O.C. EXCEPTING THEREFROM any portion of said 60.00 foot strip lying within the boundary of the plat of "Woody Acres", the intent being to honor the location of the thirty foot wide dedication in said plat and not create new right-of-way southeasterly beyond the existing Woody Acres right-of-way. 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 "2015 Tetherow Road Legalization Sketch" which is incorporated herein by this reference. --- ] REC ISTEriED PROFESSIONAL ND SUR! 'MI R i / ...-41..... i LAO J Y23.t2.9 M.CL J. BERRY RENEWAL DATE: 1a'31f l5 J:\CAL7\P rojects\W660-TETHEROW-SLIDE\DOC\Tetherow Road Legalization 2015-Igl.doex Page 2 of 2 3/3/2015 EXHIBIT "B" CERTIFIED MAIL RETURN RECEIPT REQUESTED BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOTICE OF ROAD LEGALIZATION HEARING NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON JUNE 3 , 2015 , AT 10:00 A.M. IN THE DESCHUTES COUNTY SERVICES BUILDING, 1300 NW WALL STREET BEND, OREGON, ON THE PROPOSED ROAD LEGALIZATION PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. The location of a portion of Tetherow Road, as used by the public, is different from the location of the road as described in County records. Deschutes County has initiated proceedings to legalize a portion of Tetherow Road from 75 feet westerly of the east line of the Central Oregon Park & Recreation Districts "Tetherow Crossing Park" and ending at the north property line of tax lot 141236D000400 in Deschutes County, Oregon, as shown in Exhibit "A" attached hereto and incorporated herein. Persons interested in obtaining more detailed information or a map of the proposed legalization may contact George Kolb at the Deschutes County Road Department, 61150 S.E. 27th Street, Bend, Oregon, (541) 322-7113. ORS 368.201 to 368.221 provides authority for road legalization. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON Tony DeBone, Chair PUBLISHED: May 14, 2015 & May 24, 2015 POSTED: May 14, 2015 MAILED: April 23, 2015