HomeMy WebLinkAboutOrder 017 - Survey-Notice - O B Riley RdDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 24, 2013
Please see directions for completing this document on the next page.
DATE: April 16,2013
:FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2013-017, Causing a Portion of O.B. Riley Road in Deschutes
County to be Surveyed, Causing the County Road Official to File a Report on the Matter and Causing
Notice of the Legalization Process for a portion of O.B. Riley Road to be Provided
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The Road Department is currently working on a drainage and alignment issue at the intersection of O.B.
Riley Road and Tumalo Reservoir Road. Because of the amount of heavy truck traffic using this
intersection and the deterioration of pavement as a result of storm water that collects on the inside of
the curve, the Road Department needs to go in and construct a larger paved radius to allow the use of
the heavy trucks and also construct a drainage swale to contain the water. During the course of
investigating the problem, the Road Department found out that the portion of Tumalo Reservoir Road at
the intersection with O.B. Riley Road lies outside of the road right-of-way on State of Oregon Parks
and Recreation Department property. In order to purchase right-of-way to correct the problems at this
intersection, a legal description will have to be written which will require using the centerline of O.B.
Riley Road. Research done by the Road Department indicates that this portion of O.B. Riley Road was
established in 1908 as the Ovid W.E. Riley Road with a right-of-way width of 60 feet. The
establishment for this road did not contain an actual, retraceable metes and bounds description of the
alignment centerline. In order to write the legal description for the right-of-way acquisition, the
existing centerline of the road will have to be legalized per Oregon Revised Statutes. The proposed
legalization will encompass the 0.65 mile segment of the road lying between the Deschutes River at
Tumalo State Park and the north line of Section 6, Township 17 South, Range 12 East. The legalization
process involves the following:
1. A Resolution is signed by the Board of County Commissioners initiating the legalization proceedings
2. Signature of an Order which:
-Initiates the survey of a portion of O.B. Riley Road
- Requires a written report from the Road Department concerning the legalization.
-Sets a public hearing before the Board concerning the legalization
-Causes notice of the legalization to be provided to the public
3. Signature of an Order after the public hearing which:
-Accepts or rejects the Road Departments report
-Determines the status of the legalization based on public testimony and the Engineer's report.
-Approves or denies the legalization of a portion of O.B. Riley Road
4. Filing of the new right-of-way map of this portion of 0.8. Riley Road at the County Surveyor's
office.
Signature of Order No. 2013-017 will cause a portion ofO.B. Riley Road to be surveyed and sets a
public hearing for the legalization of a portion of O.B. Riley Road on June 5,2013.
:FISCAL IMPLICATIONS:
None. ORS 368.211 does require compensation to property owners if they have a structure located
within the legalization area but there are no structures that will be affected by the legalization.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Order No. 2013-017, Causing a Portion ofO.B. Riley Road in
Deschutes County to be Surveyed, Causing the County Road Official to File a Report on the Matter and
Causing Notice of the Legalization Process for a Portion ofO.B. Riley Road to be Provided.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
CJ::lEWW
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LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON
An Order Causing a portion of O.B. Riley *
Road in Deschutes County, Oregon to be *
Surveyed, Causing the County Road * ORDER NO. 2013-017
Official to File a Report on the Matter and *
Causing Notice of the Legalization Process *
for O.B. Riley Road to be provided. *
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2013-030, the Board of
County Commissioners initiated the legalization of a portion of O.B. Riley Road, in Deschutes
County, Oregon; and
WHEREAS, the Board of County Commissioners seeks to undertake proceedings to
legalize a portion of O.B. Riley 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 O.B. Riley Road from the north line of Section 6,
Township 17 South, Range 12 East to the Deschutes River at Tumalo State Park as shown in
Exhibit "An, 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 O.B. Riley
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, June 5,2013, 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.
Page 1 of 2 -ORDER NO. 2013-017
Section 4. That notice of the proceedings for legalization of a portion of O.B. Riley
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
ORS 368.401 to 368.426.
DATED this ___ day of ____________, 2013.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
ATTEST:
TAMMY BANEY, VICE CHAIR
Recording Secretary
ANTHONY DEBONE, COMMISSIONER
Page 2 of2 -ORDER NO. 2013-017
Legalization of a Portion of O. B. Riley Road
End of
Legalizatio
,
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--------------~----
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Legalization
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OR Qno 2
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 5,2013, 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 O.B. Riley 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 O.B. Riley Road from the north line of Section 6, Township 17 South,
Range 12 East to the Deschutes River at Tumalo State Park in Deschutes County, Oregon, as
shown in Exhibit "An 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
Alan Unger, Chair
PUBLISHED: May 16, 2013 & May 24.2013 The Bulletin
POSTED: May 16, 2013
MAILED: May 6.2013
Legal Description for the 2013 Legalization of
A Portion of O. B. Riley Road
A 60.00 foot wide strip of land for roadway and utility purposes located in the Northwest
one-quarter of the Southeast one-quarter (NW1/4 SE1/4), the Southwest one-quarter of
the Northeast one-quarter (SW1/4 NE1/4) and Government Lot 2 of Section 6, Township
17 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 North 1/4 corner of said
Section 6; thence SOO'20'21 "E a distance of 2633.83 feet along the north-south
center line of Section 6 to a 5/8 rebar with an illegible aluminum cap
monumenting the center 114 of said section 6; thence leaving said north-south
centerline S46'29'41"E a distance of 903.65 to Engineer's Station 1 00+00.00, a
5/8" rebar in pavement with a 2"aluminum cap stamped ilLS 2390" on the south
side of the bridge over the Deschutes River, the Point of Beginning; thence
N11°35'45'Wa distance of 193.25 feet; thence 398.64 feet along the arc of a
curve to the right with a radius of 501.08 feet and a long chord which bears
N11°11'44"E 388.21 feet; thence N33°59'14"E a distance of 399.19 feet;
thence 472.51 feet along the arc of a curve to the left with a radius of 760.00
feet and a long chord which bears N16°10'34"E 464.94 feet; thence
NO 1 °38'06'W a distance of 40.14 feet; thence 292.76 feet along the arc of a
curve to the left with a radius of 622.00 feet and a long chord which bears
N15°0T08'W 290.07 feet; thence N28°36'10"W a distance of 350.39 feet;
thence 182.02 feet along the arc of a curve to the right with a radius of 1107.12
feet and a long chord which bears N23°53'34'W, 181.82 feet; thence
N19°10'58'W a distance of 83.51 feet; thence 382.38 feet along the arc of a
curve to the right with a radius of 542.98 feet and a long chord which bears
NOoo59'30"E 374.52 feet; thence N21°09'58"E a distance of 249.83 feet;
thence 354.20 feet along the arc of a curve to the left with a radius of 955.02
feet and a long chord which bears N10032'28''E 352.17 feet; thence
NOoo05'02'W a distance of 79.72 feet to a 5/8" rebar with a 2" aluminum cap
stamped ilLS 2390" at Engineers Station 134+78.54 on the north line of said
section 6 (which is also S89°52'24"E 875.60 feet from the 5/8" rebar
monumenting the north 1/4 corner of said Section 6), the Terminus Point of
this centerline description.
The sidelines of said 60.00 foot strip to be extended or shortened to terminate
at said north line of Section 6.
The bearings for this description are based on the Central Oregon Coordinate
System as shown on the Record of Survey for a portion of the plat of Laidlaw
filed on October 24, 2000 as CS14230 in the Deschutes County Surveyor's
Office. REGISTERED
PROFESSIONAL
LANDS VE R
JUly 26. 1989
MICHA!l J. BERRY
RENEWAl DATE:: 12/a11 13
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04/05/13 9:06 AM
mjb
1112060000302
FIDLER,TERRY & MARY D.
RILEY, OVID W.B. (CHANGE)
Established 9/4/1914 1------
Crook Co. 5CJ279
Width: 60'
(APPROXIMATE
LOCATION)
1112060000301
FIDLER,TERRY & MARY D.
RILEY, OVID W.B.
Established 11/5/1908
Crook Co. 4CJ269
Width: 50'
(APPROXIMATE
LOCATION)
1112060000101
CASCADES ACADEMY
OF CENTRAL OREGON
31 32
6 5
O.B.RILEY ROAD WAS ESTABLISHED IN
1908 AND SLIGHTLY RE-ALIGNED IN 1914.
THE INTENT OF THIS LEGALIZA nON IS TO
SUPERSEDE BOTH ALIGNMENTS IN THIS
AREA
PROPOSED LEGALIZATION ALONG
CENTERLINE OF EXISTING PAVMENT.
RIGHT-OF-WAY WIDTH = 60 FEET
w!""'====....-.-POINT OF BEGINNING
1712060000100
O.B. RILEY LEGALIZATION
1712060000100
STATE OF OREGON
PARKS AND RECREATION
PROPOSED LEGALIZATION OF A PORTION OF O.B. RILEY ROAD
IN THE E 1 2
RODEI