2001-569-Order No. 2001-074 Recorded 7/13/2001COUNTY OFFICIAL
ECORD
MARY"SUESPENHOLL W, COUNTYRCLERKS CJ 7001'569 12ENIEVV
COMMISSIONERS' JOURNAL 08/13/200103:04:21 PM
LEG COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES ,, ON
An Order Causing a portion of Pinehurst Road = c�
in Deschutes County, Oregon to be Surveyed,
Causing the County Road Official to File a F
Report on the Matter and Causing Notice of
the Legalization Process for Pinehurst Road to
be provided and rescinding Order 2001-056.p
ORDER NO. 2001-074
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2001-034, the Board of
County Commissioners initiated the legalization of a portion of Pinehurst Road, in Deschutes
County, Oregon; and
WHEREAS, the Board of County Commissioners seeks to undertake proceedings to
legalize a portion of Pinehurst 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 a portion of Pinehurst Road located in Deschutes County, Oregon, 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
Pinehurst 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.
Section 3. That a hearing before the Board of County Commissioners shall be held on
Wednesday, August 22, 2001 at 10:00 a.m. in the Deschutes County Board of Commissioner's
Hearing Room, Administrative Building, 1130 NW Harriman, Bend, Oregon 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.
Page 1 of 2 — ORDER NO. 2001-074
Section 4. That notice of the proceedings for legalization of a portion of Pinehurst 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 with Exhibit "B", attached hereto
and by this reference incorporated herein, pursuant to the notice requirements established by
any means outlined in ORS 368.401 to 368.426.
Section 5. Order Number 2001-056 is rescinded.
DATED this d -day of , 2001.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWOL.F, CHAIR
15 -NNIS R. LUKE, COM ISSIONER
micyHASL ALY, MMISSIONER
Page 2 of 2 - ORDER NO. 2001-074
Exhibit "N'
Pinehurst Road
Proposed Legalization
in Sections 25,26,35 and 36
of T. 16 S., R.11 E.
1000 0 1000 2000 3000 Feet
"t Existing Roads
Tax Lots
Sectionlines
Proposed Legalization
Pinehurst Load
NProposed Legalization
State Highways
Major Roads
County Roads
Cities
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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 AUGUST 22, 2001, AT 10:00 A.M. IN THE DESCHUTES
COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING,
1130 NW HARRIMAN, BEND, OREGON, ON THE PROPOSED ROAD LEGALIZATION
PROCEEDING DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE
HEARD.
The location of a portion of Pinehurst 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 Pinehurst Road located in Deschutes County.
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) 322-7110.
ORS 368.201 to 368.221 provides authority for road legalization.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
Tom DeWolf, Chair
PUBLISHED: August 2, 2001 and August 12, 2001
POSTED: August 2, 2001
MAILED: July 23, 2001
Es c0
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GEORGE KOLB, ENGINEERING MANAGER
SUBJECT: PROPOSED LEGALIZATION OF A PORTION OF PINEHURST ROAD
DATE: 04/27/01
The Deschutes County Road Department is proposing legalizing a portion of Pinehurst Road in accordance with
ORS 368.201 through 368.221. The proposed legalization would encompass a 1 mile segment of the road lying
west of Highway 20 and east of the west line of the SE 1/4 of the SE '/4 of Section 26, Township 16 South Range
11 East.
Background (See attached Exhibit "A"):
Pinehurst Road is a 3.8 mile long County maintained road which runs from Gerking Market Road westerly and
southerly to Tumalo Reservoir Road. It is classified as a rural local road for its entire length.
Portions of Pinehurst Road in Sections 25, 26, 35 and 36 of Township 16 South Range 11 East were originally
surveyed and established in the early 1900s as Harter Road (established in 1907 per Crook County
Commissioner's Journal 4 page 157), Ramsay Road (established in 1908 per Crook County Commissioner's
Journal 4 page 269) and Mock Road (established in 1913 per Crook County Commissioner's Journal 5 page
121). The right-of-way widths of all 3 roads was 40 feet.
In 1956 Pinehurst Road was improved by Deschutes County and the State Highway Commission with federal
funding. This project was known as FAS (Federal Aid, Secondary) 694. In 1956 the County Surveyor prepared a
survey for this project. A note on the title block states the right-of-way is 40 feet wide. This 1956 surveyed route
closely follows the present location of Pinehurst. However, the 1956 route in some areas deviated greatly from
existing established road right-of-ways. No records exist of any subsequent establishments or dedications for the
portions of Pinehurst lying outside of the existing right-of-ways.
The only entry regarding this road in any of the Commissioner's Journals is the 6/27/1956 entry in Journal 7,
Page 158. This is a resolution for improvements in conjunction with FAS 694.
Around a half dozen record boundary surveys along this portion of Pinehurst have been recorded at the County
Surveyor's Office. These date back to the 1970s and the majority of them show the total right-of-way width to be
40 feet wide.
Justification:
1. The situation with this roads meets the criteria of ORS 368.201(1) and (3):
368.201 Basis for legalization of road. A county governing body may initiate proceedings to
legalize a county road under ORS 368.201 to 368.221 if any of the following conditions exist:
J:\DATA\WORD\boilerplate\legalization\Pinehurst Legalization -Proposal to initiate proceedings.doc Page 1 of 2
Quality Services Performed with Pride
(1) If, through omission or defect, doubt exists as to the legal establishment or evidence of
establishment of a public road.
(3) 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. [1981 c.153 s.21]
2. ODOT is in the process of designing a realignment of the Pinehurst/Highway 20 intersection. Fixing the
location of the existing Pinehurst right-of-way through the legalization process will help facilitate accurate right-
of-way takings by ODOT. After the new right-of-way has been obtained, the portions of Pinehurst not needed
can be vacated by the County.
Recommendation:
The Engineer recommends the Board initiate the legalization process for this portion of Pinehurst Road. The
legalization process involves the following:
1. A Resolution is signed by the Board of County Commissioners that initiates the proceedings to legalize this
portion of Pinehurst Road.
2. Signature of an Order which:
0 Initiates the survey of Pinehurst Road
0 Requires a written report from the Road Department that includes the survey of Pinehurst Road and any
information required by the Board.
0 Sets a public hearing before the Board concerning the legalization.
0 Causes notice of the legalization process be provided to the public by posting, publication and service to
abutting landowners.
3. Signature of an Order after the public hearing which:
0 Accepts or rejects the Road Departments report
0 Determines the status of Pinehurst Road legalization based on the public testimony and the engineer's
report submitted by the Road Department.
4. Filing of the new right-of-way map of Pinehurst Road at the County Surveyor's Office.
J:\DATA\WORD\boilerplate\legalization\Pinehiust Legalization -Proposal to initiate proceedings.doc Page 2 of 2
Exhibit "A"
Pinehurst Road
Proposed Legalization
In Sections 25,26,35 and 36
..of T. 16 S., R. 1,:j E.
Established
as Harter Rd.
1907 HARTER RD.
1913 MOCK RD.
1908 RAMSAY RD.
END OF
' ALIZATI
1908 RAMSAY
6, ,�
CO BEGINNING OF
LEGALIZATION
Established
as Mock Rd.
PRU
PINEHURST RD
/3,51 36
T16S zi
Q NOT U
w;
ESTAIJUSHED 0
R11 E
1000 0 1000 2000 3000 4000 Feet
N
Existing Roads
Tax Lots w E
Sectionlines
Established County Roads S
4/26/2001