HomeMy WebLinkAboutRes 030 - Initiate Legalization - Part of OB 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
DATE: April 16, 2013
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2013 -030, Initiating Legalization Proceedings for a
Portion ofO.B. Riley Road
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 ofO.B. Riley Road was established in 1908 as the Ovid
W.B. 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 O.B. Riley Road at the County Surveyor's
office.
Signature of Resolution No. 2013-030 will initiate the legalization process for this portion of 0.8. Riley
Road
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 Resolution No. 2013-030, Initiating Legalization Proceedings for
a Portion of O.B. Riley Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
REVIEWPf,\ _ (\7VlrrL t~
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings to *
Legalize a portion of O.B. Riley Road, in * RESOLUTION NO. 2013-030
Deschutes County, Oregon. *
WHEREAS, ORS 368.201 established County authority to initiate road legalization
proceedings; and
WHEREAS, a portion of O.B. Riley Road in Deschutes County, Oregon 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 Board of County Commissioners seeks to legalize a portion of O.B. Riley
Road according to the process established by ORS 368.201 to 368.221; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Proceedings for legalization of 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, are
hereby initiated pursuant to ORS 368.201.
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, COMIVIISSIONER
PAGE 1 OF 1 -RESOLUTION NO. 2013-030
Legali'zation of a Portion of O. B. Riley Road
----------------
End of
Legalizatio
Propos d Area of Legali tion
along exi ting pavement ce terline
Drainage and
Alignment issue
17-12-06
Beginning of
Legalization
I
,
n6-12-3 ,
I
--------------~ ----
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F-12-0
P:lArcGIS_ProjeclsILegalizationIOBRiley
o 500 1,000 1,500 2,000 Feet
Key
The information on this map was derived from cI~1 databases on =-=-Legalization 0 Deschutes River Deschutes County's G.I .S. Care wos taken in the creation ofthis
map. but ~ is p"",ided"as is". Deschutes County cannot accept any -•.'" ........ State Highway L-=--_"J Section Lines Printed: responsibility fa elTers. omssions, or positional accuracy in the clgital
data or the underlying records . There .re no warranti.... express or -County Roads 0 Taxlots April 8, 2013 implied. incluclng the warranty of merchantability or fitness fa a
particular purpose, accompanying this produd. However. notification --Other Roads of any errors will be appreciated .
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