HomeMy WebLinkAboutSurvey 20512NARRATIVE
THE PURPOSE OF THIS SURVEY IS TO MONUMENT THE RIGHT-OF-WAY FOR ROMAINE VILLAGE WAY AS
PART OF THE ROAD LEGALIZATION ORDER APPROVED AND ADOPTED BY THE BEND CITY COUNCIL
UNDER RESOLUTION 3234, DATED DECEMBER 16, 2020.
ROMAINE VILLAGE WAY (VILLAGE WA
A PREVIOUS RESOLUTION FOR VILLAGE WAY, LATER RENAMED ROMAINE VILLAGE WAY, WAS ENTERED
INTO DESCHUTES COUNTY COMMISSIONERS JOURNAL, VOLUME 34, PAGE 500 (R1), ON APRIL 2, 1980,
SAID RESOLUTION DESCRIBED VILLAGE WAY AS:
"A STRIP OF LAND FOR STREET PURPOSE, VILLAGE WAY BETWEEN HIGHWAY 97 AND RIDGE
DRIVE, BEING 60 FEET IN WIDTH AS PLATTED ON THE OFFICIAL PLAT OF ROMAINE VILLAGE AS
RECORDED /N THE OFFICE OF THE COUNTY CLERK, DESCHUTES COUNTY, OREGON."
SAID RESOLUTION ALSO CONTAINS A SKETCH MAP ON PAGE 501 OF SAID DESCHUTES COUNTY
COMMISSIONERS JOURNAL VOLUME 34, WHICH SHOWS DIMENSIONS FOR SAID VILLAGE WAY. AN
ORDER OF ESTABLISHMENT WAS THEN EXECUTED ON MAY 7, 1980, IN THE DESCHUTES COUNTY
COMMISSIONERS JOURNAL, BOOK 34, PAGE 502, WHICH CONTAINED THE SAME DESCRIPTION AS THE
PRECEDING RESOLUTION BUT WITH NO SKETCH MAP. RIGHT-OF-WAY DIMENSIONS SHOWN ON SAID
SKETCH MAP MATCH THOSE SHOWN ON MINOR LAND PARTITION MP-80-29 (A), DATED MAY 20, 1980 BY
GEORGE COOK, PLS, AND FILED WITH THE DESCHUTES COUNTY SURVEYOR AS COUNTY SURVEY NO.
4021(A).
THE WESTERLY END OF THE ROAD RIGHT-OF-WAY IS SHOWN AS TERMINATING AT THE EASTERLY LINE
OF "ROMAINE VILLAGE" ON MP-80-29(A) WHEN IN FACT IT TERMINATES AT EASTERLY SIDELINE OF THE
OLD BROOKS SCANLON LOGGING ROAD. UNFORTUNATELY, THE REFERENCE TO THE PLAT OF ROMAINE
VILLAGE WITHIN THE RESOLUTION AND ORDER OF ESTABLISHMENT WAS ERRONEOUSLY WRITTEN AS
THIS PORTION OF THE ROADWAY DOES NOT LIE WITHIN ANY OF THE "ROMAINE VILLAGE" PLATS, THUS
CREATING AN AMBIGUITY IN THE ROAD ESTABLISHMENT RECORDS.
THAT PORTION OF THE VACATED BROOKS SCANLON LOGGING ROAD RIGHT-OF-WAY LYING NORTHERLY
OF THE EXTENSION OF VILLAGE WAY WAS TRANSFERRED TO THE OWNERS OF LOTS 1-7, BLOCK 6,
ROMAINE VILLAGE, UNIT 3, RECORDED IN PLAT CABINET A, PAGE 505, OFFICIAL RECORDS OF
DESCHUTES COUNTY, OREGON, VIA LOT LINE ADJUSTMENT AS SHOWN ON COUNTY SURVEY NO. 09651
(F) BY GEORGE COOK, PLS, DATED 12-29-81. THIS IS THE FIRST RECORDED SURVEY DEPICTING THE
RIGHT-OF-WAY FOR VILLAGE WAY EXTENDING TO THE INTERSECTION WITH RIDGE ROAD AS CALLED
FOR IN THE RESOLUTION AND ORDER OF ESTABLISHMENT. THE CENTERLINE AND SOUTHERLY
RIGHT-OF-WAY OF VILLAGE WAY ARE GRAPHICALLY SHOWN ON THE MAP WITH TANGENT LINES AND A
CURVE, BUT NOT DIMENSIONED. THE SOUTHERLY LINE OF THE ADJUSTED PROPERTY COMPRISED OF
LOT 6 & ASSOCIATED TRANSFER AREA SHOWN ON CS09651, AND MOST RECENTLY RETRACED BY TYE
ENGINEERING AS SHOWN ON DESCHUTES COUNTY SURVEY NO. 19656 (J), WAS NOT ESTABLISHED AND
MONUMENTED AT A 30 FOOT OFFSET FROM THE CENTERLINE OF VILLAGE WAY THROUGH THE VACATED
OLD BROOKS SCANLON LOGGING ROAD RIGHT-OF-WAY AND LOT 7, BLOCK 6, ROMAINE VILLAGE UNIT 3.
RATHER AN ANGLE POINT WAS ESTABLISHED CONNECTING THE EXTENSION OF THE STRAIGHT
TANGENT FROM THE SOUTHEAST, TO THE NORTHWEST CORNER OF LOT 7, BLOCK 6, ROMAINE VILLAGE
UNIT 3.
THE SOUTHERLY RIGHT-OF-WAY LINE THROUGH LOT 7 APPEARS TO BE A 30 FOOT OFFSET OF THE
CENTERLINE PER COUNTY SURVEY NO. 09651 (F) AND THE TAX ASSESSOR MAP COVERING THIS AREA
SEEMS TO CORROBORATE THIS. ADDITIONAL COOK ENGINEERING MAPS AND CALCULATIONS SHEETS
WERE OBTAINED FROM THE DESCHUTES COUNTY SURVEYOR SHOWING DIMENSIONS FOR THE
CENTERLINE AND SOUTHERLY RIGHT-OF-WAY LINES (K). THE DEED DESCRIPTION FOR THE PROPERTY
TO THE SOUTH (TAX LOT 18 12 18DA 1200) CALLS FOR "THAT PORTION OF LOT SEVEN (7), BLOCK
SIX (6), UNIT 3 OF ROMAINE VILLAGE, SOUTH OF VILLAGE WAY", BUT DOES NOT PROVIDE DIMENSIONS
FOR THE NORTH LINE OF THIS PROPERTY. RESEARCHING THE CHAIN OF TITLE, THIS DESCRIPTION
APPEARS IN THAT BARGAIN AND SALE DEED RECORDED AUGUST 5, 1982 IN VOLUME 360, PAGE 239 IN
THE DESCHUTES COUNTY RECORD OF DEEDS. THIS WAS RECORDED SHORTLY AFTER THE FILING OF
MP-80-29, AND IT'S LOGICAL TO CONCLUDE THAT THE DEED WAS WRITTEN WITH FULL KNOWLEDGE OF
THE RIGHT-OF-WAY DEFINED BY COOK YEARS EARLIER.
ROMAINE VILLAGE WAY
ROAD LEGALIZATION MAP
LOCATED IN THE SOUTHWEST QUARTER (SW1/4) OF SECTION 17 AND THE
SOUTHEAST (SE1/4) OF SECTION 18,
TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN,
CITY OF BEND, DESCHUTES COUNTY, OREGON
MAY 2021
NARRATIVE (CONT.)
IT'S WORTH NOTING THAT THE ROAD ESTABLISHMENT RECORDS (R1)(R2), MINOR PARTITION PLAT NO.
MP-80-29 (A)AND THE LOT LINE ADJUSTMENT MAP CS09651(F) WERE PREPARED WITHIN A SPECIFIC
PERIOD OF TIME (1980-1981) AND CONTAIN IDENTICAL BEARINGS AND DISTANCES IN THEIR RESPECTIVE
DESCRIPTIONS, INDICATING A COLLABORATIVE EFFORT TO ESTABLISH THIS PUBLIC ROADWAY.
TYPICALLY, MINOR PARTITIONS DO NOT SERVE TO CREATE A PUBLIC STREET, POSSIBLY EXPLAINING
THE SIMULTANEOUS EFFORT TO CREATE THE PUBLIC RIGHT-OF-WAY THROUGH AN ORDER OF
ESTABLISHMENT. MP-80-29 (A)DEPICTS VILLAGE WAY IN THE SAME MANNER AS THAT OF THE SKETCH
MAP IN SAID RESOLUTION (A) AND MONUMENTED THE SIDELINES OF SAID VILLAGE WAY WITH
BOTH 5/8" AND 1/2" IRON RODS WITH CAPS. NO DECLARATION WAS INCLUDED WITH MP-80-29 (A) TO
DEFINE RIGHTS WITHIN THE BOUNDARIES OF SAID PARTITION, AND THE COUNTY COMMISSIONERS
SIGNATURES ARE MISSING FROM THE PLAT APPROVALS. FURTHER EVIDENCE THAT SAID MP-80-29 (A)
WAS NEVER FULLY EXECUTED AND RECORDED WITH THE COUNTY CLERK IS THAT THE CURRENT DEED
DESCRIPTIONS FOR THE PARCELS CONTAINED WITHIN ITS BOUNDARIES ARE DESCRIBED BY METES
AND BOUNDS AROUND SAID VILLAGE WAY RATHER THAN THE TYPICAL PARCEL AND PLAT
IDENTIFICATION MOST COMMONLY USED FOR PROPERTY REFERENCE AND CONVEYANCE. I BELIEVE
THE RIGHT-OF-WAY AS DEPICTED AND MONUMENTED IN MP-80-29 (A) AND THE DIMENSIONS IN THE
UNRECORDED COOK ENGINEERING MAPS ARE THE BEST EVIDENCE AS TO THE INTENDED BOUNDARY
ANTICIPATED IN THE RESOLUTION.
OVER THE YEARS, MOST OF THE HIGH DESERT ENGINEERING RIGHT-OF-WAY MONUMENTS HAVE BEEN
LOST. DURING OUR RETRACEMENT SURVEY (PRECEDING THIS RIGHT-OF-WAY SURVEY), WE
RECOVERED THE SAME TWO (2) MONUMENTS AS FOUND BY ODOT AND SHOWN ON COUNTY SURVEY
NO. 18429 (H) THAT APPEAR TO HAVE BEEN SET PER MP-80-29 (A). THE RECORD DIMENSIONS DO NOT
FIT WELL BETWEEN THESE TWO MONUMENTS. ODOT'S RETRACEMENT OF COOK'S RIGHT-OF-WAY FOR
ROMAINE VILLAGE WAY APPEARS TO BE REASONABLE AND WAS USED FOR THE PURPOSES OF THIS
SURVEY TO RESOLVE THE RIGHT-OF-WAY BETWEEN RECOVERED MONUMENTS #3057 & #3062, BUT
ELONGATES THE ORIGINAL TANGENT LENGTH EAST OF RECOVERED MONUMENT #3062 BY 2.75 FEET.
THIS CONTRADICTS THE RECOVERED MONUMENT POSITIONS FROM ODOT ROLL MAP 913-28-8 (L), WHICH
LISTS COORDINATES FOR SEVERAL RIGHT-OF-WAY MONUMENTS FROM MP-80-29 (A). INVERSED
DISTANCES BETWEEN PROVIDED COORDINATES FOR RECOVERED MONUMENTS SHOWN ON ODOT ROLL
MAP 913-28-8 (H) FIT WELL WITH THE RECORD DIMENSIONS SHOWN IN MP-80-29 (A), INCLUDING THE
TANGENT LINE WHICH WAS ELONGATED BY ODOT IN COUNTY SURVEY NO. 18429 (H). FOR THIS REASON,
I BELIEVE THE RECORD DIMENSIONS FROM MP-80-29 (A), EAST OF ODOT RECOVERED MONUMENT #3062
BEST REPRESENT THE INTENDED RIGHT-OF-WAY THROUGH THIS AREA.
THE SOUTHERLY LINE OF THE MONUMENTED RIGHT-OF-WAY TRACT TRANSFERRED TO ODOT WITHIN
THAT STIPULATED GENERAL JUDGMENT RECORDED AS INSTRUMENT NO. 2016-11723 (R3) IS BASED ON
ODOT'S RESOLVED CENTERLINE FOR ROMAINE VILLAGE WAY AS DETAILED ABOVE. THIS LINE WAS
INTENDED TO BE COINCIDENT WITH THE NORTHERLY RIGHT-OF-WAY LINE OF ROMAINE VILLAGE WAY,
BUT BECAUSE THE ODOT CENTERLINE FROM WHICH THE RIGHT-OF-WAY TRACT WAS CALCULATED AND
MONUMENTED DEVIATES FROM THE ORIGINAL HIGH DESERT ENGINEERING CENTERLINE HELD FOR THIS
SURVEY, AN APPARENT GAP IS FORMED. SINCE THIS IS AN UNINTENDED RESULT DUE TO
DISCREPANCIES IN CENTERLINE LOCATIONS AND THE RIGHTS -OF -WAY ARE INTENDED TO JOIN, THE
WESTERLY RIGHT-OF-WAY LINE WAS EXTENDED SOUTHWESTERLY FROM RECOVERED ODOT
MONUMENT #1225 HOLDING AN OFFSET DISTANCE OF 114.43 FEET RIGHT FROM THE BEND PARKWAY US
HWY 97 "US97" CENTERLINE ALIGNMENT SHOWN HEREON.
THE ODOT DALLES - CALIFORNIA HIGHWAY (US97) RIGHT-OF-WAY WAS CALCULATED UTILIZING
DIMENSIONS AND PUBLISHED CENTRAL OREGON COORDINATE SYSTEM COORDINATES SHOWN ON
RECORD REFERENCES (H)(1)(R5). A SHIFT OF NORTH 26.34' WEST, 0.13' WAS APPLIED TO THE RECORD
SHAPE TO BEST FIT PARAMETRIX DERIVED COCS COORDINATES FOR RECOVERED ODOT MONUMENTS
ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE. THIS SHIFT CAN BE MOST LIKELY EXPLAINED BY
SLIGHT DIFFERENCES IN THE PROCEDURES AND METHODS USED TO TRANSFER COCS VALUES TO THE
SITE BETWEEN SURVEYS.
NO OTHER UNUSUAL CIRCUMSTANCES WERE ENCOUNTERED DURING THE COURSE OF THIS SURVEY.
BASIS OF BEARINGS = SOUTH 64°24'49" EAST BETWEEN GPS DERIVED CENTRAL OREGON COORDINATE
SYSTEM (COCS) VALUES BETWEEN RECOVERED MONUMENTS #1237 & #1238, AS SHOWN HEREON.
DESCHUTES COUNTY SURVEYOR
FILED LI,L2-02-1 BY: Dvnko-I
X
SEC 18, T18S, R12E, WM
X
SEC 17, T18S, R12E, WM
REGISTERED
PROFESSIONAL
7ND SURVEYOI
OREGON
JULY 20, 2009
SCOTT C. BOLDUC
79288
EXPIRES: 12/31 /2021
SURVEY RECORD REFERENCES
(A) MINOR LAND PARTITION MP-80-29 BY GEORGE J. COOK, FILED AS COUNTY SURVEY NO.
04021 IN THE DESCHUTES COUNTY SURVEYOR'S OFFICE.
(B) RECORD OF SURVEY BY FREDERICK A. AST, JR. FILED DECEMBER 15, 1986 AS COUNTY
SURVEY NO. 04035 IN THE DESCHUTES COUNTY SURVEYOR'S OFFICE.
(C) RECORD OF SURVEY FOR ROD MAYFIELD BY RUSSELL KARL, JR. FILED JANUARY 4,
1991 .AS COUNTY SURVEY NO. 04053 IN THE DESCHUTES COUNTY SURVEYOR'S OFFICE.
(D) PLAT OF SURVEY FOR THE OREGON DEPARTMENT OF TRANSPORTATION BY JAMES R.
TYE FILED NOVEMBER 4, 1991 AS COUNTY SURVEY NO. 05054 IN THE DESCHUTES
COUNTY SURVEYOR'S OFFICE.
(E) RE -PLAT OF A PORTION OF TRACTS 5 & 6 OF WAYWEST PROPERTIES ROMAINE
VILLAGE UNIT 3 BY EMILE P. BACHAND FILED AS SURVEY NO. 09642 IN THE DESCHUTES
COUNTY SURVEYOR'S OFFICE.
(F) LOT LINE ADJUSTMENT FOR LARRY ROMAINE BY GEORGE J. COOK, FILED AS COUNTY
SURVEY NO. 09651 IN THE DESCHUTES COUNTY SURVEYOR'S OFFICE.
(G) CONTROL AND RECOVERY MAP FOR THE OREGON DEPARTMENT OF TRANSPORTATION
BY JULES R. WETZEL, FILED NOVEMBER 6, 2000 AS COUNTY SURVEY NO. 14250 IN THE
DESCHUTES COUNTY SURVEYOR'S OFFICE.
(H) SURVEY FOR THE OREGON DEPARTMENT OF TRANSPORTATION BY PAT MARQUIS,
FILED SEPTEMBER 21, 2012 AS SURVEY NO. 18429 IN THE DESCHUTES COUNTY
SURVEYOR'S OFFICE.
(1) SURVEY FOR THE OREGON DEPARTMENT OF TRANSPORTATION BY ROBERT A.
CHURCHILL, FILED SEPTEMBER 26, 2017 AS SURVEY NO. 19466 IN THE DESCHUTES
COUNTY SURVEYOR'S OFFICE.
(J) BOUNDARY SURVEY FOR LOT 6 AND PART OF LOT 7 OF ROMAINE VILLAGE UNIT 3 BY
DIRK P. DURYEE FILED MAY 24, 2018 AS COUNTY SURVEY NO. 19656 IN THE DESCHUTES
COUNTY SURVEYOR'S OFFICE.
(K) UNRECORDED PLAN AND PROFILE FOR THE ENTRANCE ROAD TO ROMAINE VILLAGE BY
GEORGE J. COOK OBTAINED FROM FILES IN THE DESCHUTES COUNTY SURVEYOR'S
OFFICE.
ROAD RECORD REFERENCES
(R1) RESOLUTION FOR VILLAGE WAY, LATER RENAMED ROMAINE VILLAGE WAY, WAS
ENTERED INTO DESCHUTES COUNTY COMMISSIONERS JOURNAL, VOLUME 34, PAGE
500, ON APRIL 2, 1980.
(R2) ORDER OF ESTABLISHMENT WAS THEN EXECUTED ON MAY 7, 1980, IN THE
DESCHUTES COUNTY COMMISSIONERS JOURNAL, BOOK 34, PAGE 502.
(R3) CERTIFIED TRUE COPY OF THE ORIGINAL STIPULATED GENERAL JUDGMENT FOR
CASE NO. 14CV0055 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE
COUNTY OF DESCHUTES, RECORDED MARCH 29, 2016 AS INSTRUMENT NO.
2016-11723, OFFICIAL RECORDS OF DESCHUTES COUNTY, OREGON.
(R4) OREGON STATE HIGHWAY DIVISION DRG. NO. 913-28-8, MURPHY ROAD - LAVA BUTTE -
SEC., THE DALLES - CALIFORNIA HIGHWAY, DATED MAY, 1987 (LAST REVISED APRIL,
2000)
(R5) OREGON DEPARTMENT OF TRANSPORTATION DRAWING 11 B-5-29, LOCATED LINE
US97/MURPHY ROAD: BROOKSWOOD-PARRELL (BEND) SECTION, THE
DALLES-CALIFORNIA HIGHWAY, LAST REVISED 1/14/13.
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CS 20512