2001-660-Order No. 2001-075 Recorded 8/27/2001REVIEWED
L COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON
An Order Completing Legalization
Procedures for a portion of Pinehurst Road,
Deschutes, County, Oregon.
ORDER NO. 2001-075
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2001-034, the Board of
County Commissioners (Board) initiated the legalization of a portion of Pinehurst Road, in
Deschutes County, Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2001-074, the Board caused a
portion of Pinehurst 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, 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 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 portion of Pinehurst 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 portion of Pinehurst Road lying west of Highway 20 and east of the west
line of the SE 1/4 of the SE 1/4 of Section 26, Township 16 South, Range 11 East in
Deschutes County, Oregon, is hereby legalized as described in Exhibit "B", attached hereto
and by this reference incorporated herein.
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS CJ 7001.660
COMMISSIONERS' JOURNAL 08/27/200111:41:22 AM
Page 1 of 2 — ORDER NO. 2001-075
Section 3. That this Order shall be recorded with the Deschutes County Clerk.
Section 4. That the survey of a portion of Pinehurst 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 Pinehurst
Road as provided herein, any records showing the location of Pinehurst Road in conflict with
the location as described herein shall become void.
DATED thisdl�--A— daY of 2001.
,
ATTEST:
lmwk�' - qdr&�-
Recording Secretary
Page 2 of 2 — ORDER NO. 2001-075
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES, COUNTY, OREGON
TOM DE , CHAT
DENNIS R. LUKE, COMMISSIONER
ZW..'aya"Iv
MIC A L L MMISSIONER
-� E
Exhibit "A" Road Department
CA A i'f' porta 1 -f2
MEMORANDUM
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
TO BOARD OF COUNTY COI IMSSIONERS
FROM: GEORGE KOLB, COUNTY ENGINEER �✓
SUBJECT: LEGALIZATION OF A PORTION OF PINEHURST ROAD - ENGINEER'S REPORT
DATE: 7/31/01
This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No. 2001-
074, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion of
Pinehurst Road. 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 '/4 of the SE '/4 of Section 26, Township 16 South Range 11 East.
Background:
Pinehurst Road is a 3.8 -mile long County maintained road that 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
were 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. A copy of the 1956 survey is attached as Exhibit "1"
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.
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.
Quality Services Performed with Pride
Exhibit "A"
Page 2 of 3
Road Location Survey:
Pursuant to Order No. 2001-074, the Deschutes County Road Department surveyed the portion of Pinehurst Road lying
west of Highway 20 and east of the west line of the SE '/< of the SE '/o of Section 26, Township 16 South Range 11 East.
The centerline location of the right-of-way was established to closely coincide with the center of the current traveled
way. The right-of-way width as shown on Exhibit "2" reflects the established 40 -foot width (20 feet on each side of the
surveyed centerline).
Notification and Compensation for Property Affected by Road Legalization:
The Road Department provided notice of the proceedings for legalization of Pinehurst Road, including the August 22,
2001 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2001-074. All the residents
along Pinehurst Road received notification by certified mail. The only resident who did not claim the certified mailing
was Kim Woolaway who was subsequently contacted in person by myself on 7/20/01 and was personally handed the
public notification.
To date the Department has had correspondence from the following residents:
0 Thomas Grimm, 19315 Pinehurst Road and Richard Briggs P.O. Box 7617• Mr. Grimm and Mr. Briggs came into
the office on 7/19/01 to discuss the legalization of Pinehurst Road. I explained the legalization process and that we
would be legalizing 20 feet from the centerline of the existing road. The final legalized right-of-way for Pinehurst
Road will be a total of 40 feet. The location of the existing road will not change. I did explain to Mr. Grimm that
his property is affected by the realignment of the road and he will be contacted by ODOT for right of way
acquisition. Mr. Grimm and Mr. Briggs did not have a problem with the legalization of Pinehurst Road.
0 Jacqueline Ehlers, P.O. Box 503 Parachutes CO: The Ehlers own tax lot 1611250000907. Mrs. Ehlers called on
7/19/01 to let me know that she received the certified mail concerning the legalization process and understood what
we were doing. She did not have a problem with the legalization or realignment of the intersection.
0 Micheal Maloney, 16050 NE 165th St Woodenville WA: The Maloneys own tax lot 1611260000500. Mr.
Maloney called on 7/20/01 to inquire about what was involved in the legalization process. I explained the process
and he stated he had no objection to the legalization.
0 Kim Woolaway, 19349 Pinehurst Road: I met with Mr. Woolaway at his residence on 7/20/01 and explained the
project. I hand delivered the public notice and had him sign and verify that it was hand delivered by myself. He
did not have a problem with the legalization.
0 Barbara Heisler, 19190 Pinehurst Road: Barbara Heisler on 7/24/01 called and stated that they did not have a
problem with the legalization. They had talked to several of the neighbors so they had a good understanding of
what will happen. They will send in the certified mail receipt as soon as possible.
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 our 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.
Exhibit "A"
Page 3 of 3
Recommendation:
Contingent upon testimony and findings presented at the public hearing the Engineer recommends Board approval and
signature of the Order legalizing Pinehurst 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 the recording of the order legalizing Pinehurst Road, the Road Department will monument the road right-of-way
and file the survey to meet the requirements as outlined above.
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 1
PAGE 1 OF 2
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EXHIBIT "B"
2001 Pinehurst Road Legalization Centerline
A 40.00 foot wide strip of land for roadway and utility purposes located in Sections 25,
26 and 35, Township 16 South, Range 11 East of the Willamette Meridian, Deschutes
County, Oregon, lying 20.00 feet on either side of the following described centerline:
Commencing at the railroad spike in pavement monumenting the center % corner
of said section 25;thence along the east -west centerline of section 25
N89°54'35"W a distance of 419.56 feet; thence leaving said east -west line
N00°05'25"E a distance of 4.02 feet to Engineer's Station 10+00.00, the Point of
Beginning (said point of beginning also being metric centerline station
6+171.043 of U.S. Highway 20 per the Oregon Department of Transportation
survey filed as "CS14412" at the Deschutes County Surveyor's Office); thence
N89015'26"W a distance of 385.05 feet; thence 162.01 feet along the arc of a
curve to the left with a radius of 246.04 feet and a long chord which bears
S71 °52'43"W a distance of 159.10 feet; thence 123.07 feet along the arc of a
compound curve to the left with a radius of 487.37 feet and a long chord which
bears S4504649"W a distance of 122.75 feet; thence S38032'45"W a distance of
20.91 feet; thence 162.17 feet along the arc of a curve to the left with a radius of
2624.31 feet and a long chord which bears S36046'32"W a distance of 162.14
feet; thence S35000'1 9"W a distance of 267.96 feet; thence 333.42 feet along the
arc of a curve to the right with a radius of 1370.40 feet and a long chord which
bears S41 °58'31 "W a distance of 332.59 feet; thence S48056'43"W a distance of
1151.47 feet; thence 100.00 feet along the arc of a curve to the left with a radius
of 10714.49 feet and a long chord which bears S48040'40"W a distance of
100.00 feet; thence S4802438"W a distance of 147.40 feet; thence 178.67 feet
along the arc of a curve to the left with a radius of 209.90 feet and a long chord
which bears S24001'30"W a distance of 173.32 feet; thence S00021'37"E a
distance of 674.13 feet; thence 225.12 feet along the arc of a curve to the right
with a radius of 142.20 feet and a long chord which bears S44059'32"W a
distance of 202.34 feet; thence N89039'18"W a distance of 922.16 feet; thence
100.00 feet along the arc of a curve to the left with a radius of 19770.78 feet and
a long chord which bears N89048'00"W a distance of 100.00 feet; thence
N89°56'41 "W a distance of 246.48 feet to a 5/8" rebar with a 2"aluminum cap
stamped "LS 2390" at Engineers Station 62+00.00 (which is also N89040'34"E
1235.58 feet from the 5/8" rebar monumenting the south % corner of said Section
26 per the survey filed as "CS11644" at the Deschutes County Surveyor's
Office), the Terminus Point of this centerline description.
The sidelines of said 40.00 foot strip to be extended or shortened to begin at the
southwesterly 30.00 foot right-of-way line of said U.S. Highway 20 per CS14412 and to
terminate at the west line of the SE % SE % of said section 26.
The basis of bearing for this description is the east -west centerline said Section 25 as
defined by the center % corner and the center west 1/16 corner as shown on CS14412.
PROFESSIONAL,
JULY 26, 1
MICHAEL J.
RENEWAL DATE; 12/31/61
PREPARED BY DESCHUTES COUNTY ROAD DEPARTMENT
JALDD2\Projects\RD1105-Pinehurst-legalization\DOCS\pinehurst-legalization-Ig12.doc EXHIBIT "B" Page 1 of 1