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HomeMy WebLinkAboutOrder 001 - Legalization Process - Tetherow 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 January 8, 2014 Please see directions for completing this document on the next page. DATE: 12/24/2013 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2014-001, Causing a Portion of Tetherow 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 Tetherow Road to be Provided PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: The Road Department is currently working with the Oregon Department of Transportation on the replacement of the existing bridge over the Deschutes River on Tetherow Road. In discussion with the surveyor that will be doing the surveying for the project, it was determined that the centerline of the existing road does not match the approximate location ofthe A.J. Warrin (Jordan) Road that was established 3/6/1879, Wasco County CJ "B" PG 499, right of way width 60 feet or the 1892 D.W. Barnett Road that was established 515/1892, Crook County CJ 2. PG 28, right of way width 60 feet (see attached maps). This project will require a survey that shows the location of the existing structure within the right of way and there may be a purchase of additional right of way for the construction of the bridge therefore a legal description will have to be written which will require using the existing centerline of Tetherow Road. In order to write a legal description for any 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 0.19 mile segment of the road lying between the intersection with NW Yucca Avenue to the east boundary ofPP-2006-48. 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 Tetherow 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 ofTetherow Road 4. Filing of the new right-of-way map of this portion ofTetherow Road at the County Surveyor's office. Signature of Order No. 2014-001 will cause a portion of Tetherow Road to be surveyed and sets a public hearing for the legalization of a portion of Tetherow Road on February 26, 2014. 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. 2014-001. Causing a Portion of Tetherow 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 Tetherow Road to be Provided. ATTENDANCE: George Kolb. County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Sheila OdIe (ext. 7148) at the Road Department REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON An Order Causing a portion of Tetherow * Road in Deschutes County, Oregon to be * Surveyed, Causing the County Road * ORDER NO. 2014-001 Official to File a Report on the Matter and * Causing Notice of the Legalization Process * for T etherow Road to be provided. * WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2014-001, the Board of County Commissioners initiated the legalization of a portion of Tetherow Road, in Deschutes County, Oregon; and WHEREAS, the Board of County Commissioners seeks to undertake proceedings to legalize a portion of Tetherow 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 Tetherow Road from the intersection with NW Yucca Avenue to the east boundary of PP-2006-48 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 Tetherow 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, February 26,2014, 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. 2014-001 Section 4. That notice of the proceedings for legalization of a portion of Tetherow 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 ____________, 2014. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR ATIEST: ANTHONY DEBONE, VICE CHAIR Recording Secretary ALAN UNGER, COMMISSIONER Page 2 of 2 -ORDER NO. 2014-001 Legalization of a Portion of Tetherow Road East Boundary of PP 2006-48 Key =-:::II Tetherow -County Roads -­other Roads End Legalization Proposed Area of Legalization • Along Centerline of Existing Road I \ ~ \1 o iI I I o 300 600 900 1,200 Feet The infOnnation on this map was derived Ii'om ctjjtal databases on DeschulBs County's GJ.S. C .... _staken In the creation of this map, but it Is pn::wided"as Is". OIIsdluies County cannot accept any Printed: responsibilty for emn, onissions, or positional aceuracy in the ctgital data or the underlying records. There are no wartllnlies, ""pre_ oro Deschutes River November 2, 2013 implied, inducing the wammty of men:I1antability or fitne_ fill' II partieular purpose, aeeompanying this product. H~,notification Taxlots of any errors will be appreciatad. P;\ArcGIS_Projects\Legalization\Tetherow 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 FEBRUARY 26,2014, 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 Tetherow 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 Tetherow Road from the intersection with NW Yucca Avenue to the East boundary of PP 2006-48 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 Tammy Baney, Chair PUBLISHED: February 6, 2014 & February 16, 2014 POSTED: February 6, 2014 MAILED: January 27,2014 Legal Description for the 2014 Legalization of A Portion of Tetherow Road A 60.00 foot wide strip of land for roadway and utility purposes located in the Southwest one-quarter of the Northeast one-quarter (SW1/4 NE1/4) and the Northwest one-quarter of the Southeast one-quarter (NW1/4 SE1/4) of Section 36, Township 14 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 Southwest Corner of Lot 9, Block 2, Tetherow Crossing Phase II, thence along the north right-of-way line of Yucca Avenue N86°21'18"E a distance of 595.17 feet to Engineer's Station 10+00.00, a 5/8" rebar monumenting the Southeast Corner of Lot 7, Block 2, Tetherow Crossing Phase II, the Point of Beginning; thence leaving said north right-of-way line SOoo50'39"W a distance of 396.69 feet to Engineer's Station 13+96.69 P. I., near the center of the old Tetherow Bridge; thence SOoo46'53"E a distance of 248.12 feet to Engineer's Station 16+44.82 P. C.; thence 335.83 feet along the arc of a 384.90 foot radius curve to the right, the long chord of which bears S24°12'51"W a distance of 325.28 feet to Engineer's Station 19+80.65 P.T.; thence S49°12'34"W a distance of 44.86 feet to engineer's Station 20+25.50 P.C. ; thence 25.56 feet along the arc of a 735.10 foot radius curve to the right, the long chord of which bears S50012'21''W a distance of 25.56' to Engineer's Station 20+51.06 P.O.C. at the east boundary of Parcel 1, Partition Plat 2006-48 at the point where said east boundary intersects the easterly centerline terminus of Tetherow Road as depicted on said Partition Plat 2006-48 and being the westerly Terminus Point of this centerline description, from which the 5/8" rebar with a yellow plastic cap stamped "LS2527" monumenting the Southeast Corner of said Parcel 1 bears NOoo03'36"E a distance of 39.07 feet along the east line of said Parcel 1. The sidelines of said 60.00 foot strip to be extended or shortened to begin at the northerly right-of-way line and the easterly prolongation of the northerly right-of-way line of Yucca Avenue in the plat of Tetherow Crossing Phase II and to terminate at the east boundary line and the southerly prolongation of the east boundary line of Parcel 1 of Partition Plat 2006-28. The bearings for this description are based on the Deschutes County Surveyor's Office Central Oregon Coordinate System. This parcel is depicted on the attached map titled "Tetherow Road Legalization Sketch" which is incorporated herein by this reference. J:\CAD\Projects\W656 TETHEROW RD. LEGALIZATION\DOC\Tetherow Road Legalization 2014-lgl.doc Page 1 of 1 12/24/13 11:43AM mjb ----- I \ I I I /I \ \ \ I I / /I \ \ \ I I / /I \ \ \ I I / /I /I \ \ \ I / I 4 / 3I 9 \ 8 \ ? \ 6 1'\\. \\ 5 / 2/II \ \ oSS\~G I / " SW Corner Lot 9, ItO"« c~ \ I I / / " Ie Block 2 'tt.'t\\t. :\,.Oct<. 2 \ I I / / " I Tetherow Crossing \ ~ ~ --L_L __ _" Phose II . \ I'-l 10+00.00 P.O. I N86'2,.,8"E 595.17' (~) -. '''-YUCCA AVE. -6;' WIDE PUBLIC ROAD t~:====::::==nT.~E~7i~H~E~R~O~W~BRQO~~~=-=-=-=-::-::--::-=-=-=-=-=-=-=-=-= __--.~~~~~:..:==-------,~ -EXISTING DIRT ROAD _ 39.07' From <l Terminus Sta. 20+51.06 ©HATCHING = LEGALIZATION AREA: 60' WIDE RIGHT-OF-WAY, 30' EACH\\ SIDE OF CENTERLINE\\ TETHEROW ROAD LEGALIZATION SKETCH LOCATED IN SEC. 36, T14S, R12E, W.M., DESCHUTES COUNlY, OREGON DESCHUTES COUNTY ROAD DEPARTMENT SCALE. 1-=200' DRA\JN BY. mjb DATE. 12/24/13 61150 S.E. 27TH STREET I BEND. OR. 97702 FILE, W656 T HEROW RD LEGALIZATION.dwg \ \tsclient\J\CAD\Projects\W656 TETHEROW RD. LEGALIZATION\dwg\W656 TETHEROW RD LEGALIZATION.dwg TAX LOT 141236B 2000 DESCHUTES COUNTY, TAX LOT 141236D 1200 1988 STABB UVING ~ TRUST ETAL. TAX LOT 141236 300 BAILO-LAPE FAMILY TRUST ETAL PC = (PARCEL 1, PP 2006-48) EAST LINE PARCEL 1,----1 PP 2006-48 (1 ~92 BARNEn ROAD 60 RIGHT OF WAY) I \ TAX LOT 141236A 4500 CENTRAL ORE. PARKS & REC. DIST. ~~-~~~?-"<~ 1-1 I I r I I I / \ \ DESCHUT~S_ ...-=--~ '" \ \ \ .J : (/@SE Come' Lot 7. Block 2 J I ~ _ ~:;~~~~~~~of~~ Phose ~__~_ CURVE C1 C2 LINE L1 ~ CURVE TABLE LENGTH RADIUS DELTA CHORD 335.83' 384.90' 49'59'27" N24'12'51 bE 25.56' 735.10' 1'59'33" N50'12'21 "E 325.28' LINE TABLE BEARING I DISTANCE 549'12' 34"W I 44.86' 25.56' @SE Corner Parcel 1, Partition Plot 2006-48 20+25.50 PC 30.00' Right Bears NOO'03'36"E