HomeMy WebLinkAboutRes 001 - Initiate Legalization - 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 Resolution No. 2014-001, Initiating Legalization Proceedings for a
Portion ofTetherow Road
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 of the A.J. Warrin (Jordan) Road that was
established 3/6/1879, Wasco County CJ "B" PO 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 ofTetherow 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 of Tetherow Road
4. Filing of the new right-of-way map of this portion of Tetherow Road at the County Surveyor's
office.
Signature of Resolution No. 2014-001 will initiate the legalization process for this portion of Tetherow
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. 2014-001, Initiating Legalization Proceedings for
a Portion of Tetherow Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
REVIEWED
LEGAL COUNSEL
For "'~~,.....,." Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings to *
Legalize a portion of Tetherow Road, in * RESOLUTION NO. 2014-001
Deschutes County, Oregon. *
WHEREAS, ORS 368.201 established County authority to initiate road legalization
proceedings; and
WHEREAS, a portion of Tetherow 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 Tetherow
Road 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 Tetherow Road from the
intersection of NW Yucca Avenue to the east boundary of PP-2006-48 in Deschutes County,
Oregon, as shown in Exhibit "A" attached hereto and incorporated herein, are hereby initiated
pursuant to ORS 368.201.
DATED this ___ day of ____________, 2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ATTEST:
ANTHONY DEBONE, VICE CHAIR
Recording Secretary
ALAN UNGER, COMMISSIONER
PAGE 1 OF 1 -RESOLUTION NO. 2014-001
Legalization of a Portion of Tetherow Road
East Boundary
of PP 2006-48
End
Legalization
1-------------
Begin
Legalization ---------====----=---
o
Proposed Area of Legalization
Along Centerline of Existing Road
P:lArcGIS_ProjectsILegalizationITetherow
Key o 300 600 900 1,200 Feet
=-::II Tetherow The information on this map was derived from agital databases on
Deschutes County's G.I.S. Care was taken in tile creation of ttl is
map, but ~ is provided "as is". Deschutes County cannot accept any
-County Roads ~
--Other Roads Printed: responsibility for errors, olTissions, or po~ional accuracy in the dig~1
data or the underfying records. There are no warranties, express orD Deschutes River November 2, 2013 implied, including the warranty of merchantability or fitness for a
pamcular purpose, accompanying this prodJcI . However, notification
D Taxlots
•
of any errors will be appneciated.
~=~.
John Anderson, GIS Analyst
_ (54\) )21-1l02
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-.611SOS07UtSl
00 97102
COUNTY ROADS ESTABLISHED
IN THE VICINITY OF
TETHEROW BRIDGE
SECTION 36, T.14 S., R. 12 E., W.M.
DESCHUTES COUNTY. OREGON
COUNTY ROADS ESTABLISHED
IN THE VICINITY OF
TETHEROW BRIDGE
SECTION 36, T.14 S., R. 12 E., W.M.
DESCHUTES COUNTY. OREGON