2019-471-Resolution No. 2019-051 Recorded 11/20/2019Recorded in Deschutes County CJ2019-471
Nancy Blankenship, County Clerk
REVIEWED Commissioners' .journal 11/20/2019 3:50:58 PM
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LEGAL COUNSEL �L�II I I I II II ILII II I I IIIII I IIIII III
2019-471
xx a
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings to
Legalize a Portion of Sisemore Rd, in
Deschutes County, Oregon.
RESOLUTION NO. 2019-051
WHEREAS, ORS 368.201 established County authority to initiate road legalization
proceedings; and
WHEREAS, the portion of Sisemore Rd in Deschutes County, Oregon as shown in the
attached Exhibit "A" has been traveled and used for more than 10 years in a way which does not
conform to its location as described in the County records; and
WHEREAS, the legal establishment of the portion of Sisemore Rd in Deschutes County,
Oregon as shown in the attached Exhibit "A" is in question;
WHEREAS, the Board of County Commissioners seeks to legalize a portion of Sisemore Rd
according to the process established by ORS 368.201 to 368.221; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Proceedings for legalization of a portion of Sisemore Rd, as shown in Exhibit "A"
attached hereto and incorporated herein, are hereby initiated pursuant to ORS 368.201.
Section 2. That the portion of Sisemore Rd 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 Sisemore Rd was originally established, including road right of way
subsequently dedicated to the public in conjunction with adjacent development.
Section 3. That the County Road official file a written report with the Board of County
Commissioners including the survey required by Section 2 herein and any other information requested by
the Board.
Section 4. That a hearing before the Board of County Commissioners shall be held on
Wednesday, December 18, 2019, at 10:00 a.m. in the Barnes and Sawyer Rooms of the 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
PAGE 1 of 2 — RESOLUTION NO. 2019-051
matters presented to the Board in the course of the legalization proceedings or that alleges any new matter
relevant to the proceeding.
Section 5. That notice of the proceedings for legalization of a portion of Sisemore Rd, including
the hearing set by Section 4 herein, be provided by posting and by service to abutting land in a form that
substantially conforms with 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 /5 ofyV, 2011
ATTEST:
e'—cordin6 Secretary
PACE 2 of 2 - RESOLUTION NO. 2019-051
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHILIP - . HEN ERSON, Chair
PATTI A AIR, Vice Chair
ANTHONY DeBONE, Commissioner
EXHIBIT "A"
LEGEND
• — PROPERTY BOUNDARY
:
•••........• EXISTING RIGHT OF WAY
PROPOSED RIGHT OF WAY
® I
' f I
I
`• p'pF TAX LOT 1611330000600
HUDSON FAMILY TRUST
Rpgo '
TAX LOT 1611000007891 .— ..
TUMALO IRRIGATION DISTRICT .� . • "00,
cou
TUMALO
RESERVOIR
SECTION 33, T 16 S, R 11 E, WM """"""""
SECTION 4, T 17 S, R 11 E, WM •':••••.s ..............:
AEsROAD LEGALIZATION
o , ROAD PORTION OF SISEMORE RD
-
DEPARTMENT RESOLUTION 2019-051
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF ROAD LEGALIZATION HEARING
NOTICE IS HEARBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON WEDNESDAY, DECEMBER 18, 2019, AT 10:00 A.M. IN THE
BARNES AND SAWYER ROOMS OF THE DESCHUTES SERVICES CENTER, 1300 NW WALL
STREET, BEND, OREGON ON .THE PROPOSED ROAD LEGALIZATION PROCEEDING
DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD.
NOTICE TO MORTGAGE LIENHOLDER VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST PROMPTLY BE FORWARDED
TO THE PURCHASER.
A portion of Sisemore Rd has been traveled and used by the public for more than 10 years
in a way which does not conform to its location as described in the County records. Additionally,
the legal establishment of a portion of Sisemore Rd is in question. Deschutes County has initiated
proceedings to legalize a portion of Sisemore Rd across tax lot 400 and a portion of tax lot 7891
in Township 16 South, Range 11 East, Section 33.
Persons interested in obtaining more detailed information or a map of the proposed
vacation may contact the Deschutes County Road Department, 61150 SE 27th Street, Bend,
Oregon 97701, Phone: (541) 388-6581, Email: road(@-deschutes.org.
ORS 368.201 to 368.221 provides authority for road legalization.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, O E ON
Philip G. Hende on, Chair
POSTED: November 14, 2019
MAILED: November 14, 2019
\)I E s �oG
Lu
o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of November 13, 2019
DATE: November 6, 2019
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2019-051, Initiating Road Legalization
Proceedings for a Portion of Sisemore Rd
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2019-051, initiating Road Legalization Proceedings
for a portion of Sisemore Rd.
BACKGROUND AND POLICY IMPLICATIONS:
ORS 368.201 to 368.221 provides county governing bodies with authority and procedure to
clarify the record of right-of-way boundaries of a road by legalization if one or more of the
following conditions exist:
If, through omission or defect, doubt exists as to the legal establishment or evidence of
establishment of a public road.
If the location of the road cannot be accurately determined due to:
o Numerous alterations of the road;
o A defective survey of the road or adjacent property; or
o Loss or destruction of the original survey of the road.
If the road as traveled and used for 10 years or more does not conform to the location of
a road described in the county records.
Deschutes County Road Department is preparing plans and specifications for the Sisemore Rd
Bridge Rehabilitation project. A review of County records indicates that the portion of
Sisemore Rd that includes the Sisemore Rd Bridge (aka Bull Creek Dam and Bridge) has been
used and traveled by the public since 1914 in a way which does not conform to its location as
described in the County records and that the legal establishment of this portion of Sisemore Rd
is in question.
Adoption of Resolution No. 2019-051 will initiate legalization proceedings pursuant to ORS
368.201 to 368.221. Upon adoption of the resolution, Road Department will prepare a survey
for the proposed legalization and prepare a report to the Board of Commissioners regarding
the proposed legalization. Additionally, a public hearing will be set for Wednesday, December
18, 2019, at 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes County Services
Center, 1300 NW Wall Street, Bend, Oregon. During the hearing, the Board of Commissioners
will consider the information given in the Department report and public testimony regarding the
proposed legalization. After closing the hearing, the Board of Commissioners will consider an
order to legalize the portion of Sisemore Rd in question.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cody Smith, County Engineer