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HomeMy WebLinkAboutOrder 002 - Legalize 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 February 26, 2014 Please see directions for completing this document on the next page. DATE: February 11,2014 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2014-002, Completing Legalization Procedures for a Portion of Tetherow Road PUBLIC HEARING ON THIS DATE? YES 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 discussions 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" PG 499, right of way width 60 feet or the 1892 D.W. Barnett Road that was established 5/5/1892, 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 (No. 2014-001) is signed by the Board of County Commissioners initiating the legalization proceedings -This was completed on January 8, 2014 2. Signature of an Order (No. 2014-001) which: -Initiates the survey ofa 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 -This was completed on January 8, 2014 I 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 Order No. 2014-001 caused a portion of Tetherow Road to be surveyed and set the public hearing that is to be held today. The Road Department sent out notification of the legalization to four (4) property owners by certfied mail and received four (4) receipts back No adverse comments were received during the comment period by any of the property owners. Signature of Order No. 2014-002 will finalize the legalization of a 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: After all testimony is received at the public hearing and the Board of County Commissioners determines it is in the best interest to do so, move approval of Board signature of Order No. 2014-002, legalizing a Portion of T etherow Road 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 COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Completing Legalization Procedures for a portion of Tetherow Road in Deschutes County, Oregon * * * ORDER NO. 2014-002 WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2014-001, the Board of County Commissioners (Board) initiated the legalization of a portion of Tetherow Road, in Deschutes County, Oregon; and WHEREAS, pursuant to ORS 368.206, and by Order No. 2014-001, the Board caused a portion of Tetherow Road to be surveyed, caused the county road official to prepare a written report on the proposed legalization, and caused proper notice of the proceedings to be given; and WHEREAS, a hearing on the matter was held before the Board on Wednesday, February 26, 2014 at 10:00 a.m. in the Deschutes County Commissioners Hearings Room, Deschutes County Services Center, 1300 NW Wall Street, Bend, Oregon 97701 for the purpose of considering the county road official's report and any information controverting or supporting the proposed legalization; and WHEREAS, after considering matters presented in the legalization proceeding, the Board has determined that legalization of a portions of Tetherow Road, pursuant to the county road official's report, is in the public interest; now, therefore, THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON ORDERS as follows: Section 1. That the county road official's written report, attached as Exhibit "A" and by this reference incorporated herein, is hereby accepted and approved. Section 2. That a portion of Tetherow Road in Deschutes County, Oregon, is hereby legalized as described in Exhibit "B", attached hereto and by this reference incorporated herein. Section 3. That this Order shall be recorded with the Deschutes County Clerk. Page 1 of 2 -ORDER NO. 2014-002 Section 4. That the survey of a portion of Tetherow Road, prepared in the course of legalization proceedings, shall be recorded with the County Surveyor. Section 5. Upon proper recording of this Order and the survey of a portion of Tetherow Road as provided herein, any records showing the location of Tetherow Road in conflict with the location as described herein shall become void. 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. 2014-002 EXHIBIT A PAGE 1 OF 2 Road Depart_eDt 61150 SE 27th St .• Bend. Oregon 97702 (541) 388·6561 • FAX (541) 388·2719 ENGINEER'S REPORT TO: BOARD OF COUNTY COMMISSIONERS FROM: GEORGE KOLB, COUNTY ENGINEER SUBJECT: LEGALIZATION OF A PORTION OF TETHEROW ROAD DATE: 2/10/2014 This report is made pursuant to ORS 368.206 and by order of the Board of County Commissioners, Order No. 2014-001, concerning the investigation by the Road Department Engineer of the proposed legalization of a portion of Tetherow Road. Background: 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 AJ. 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 5/5/1892, Crook County CJ 2. PG 28, right of way width 60 feet(see attached Exhibit 1). This project will require a survey that shows the location of the existing structure within the right of way and there also 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 of PP-2006-48. Road Location Survey: Order No. 2014-001, Section 1, directed that this portion of Tetherow Road be surveyed to determine the location and width of the road. The survey and legal description for this legalization is attached to Order 2014-002 as Exhibit "B". Notification and Compensation for Property Affected by Road Legalization: The Road Department provided notice of the proceedings for legalization of a portion Tetherow Road, including the February 26,2014 hearing, by posting and by service to owners of abutting land pursuant to Order No. 2014-001. Four (4) notices were sent out by certified mail with four (4) returned to the Road Department. The Road Department received the following comments from the public concerning this legalization: EXHIBIT "\ PAGE20F 2 1. Phone call from Deborah Biersteker, bieryc@comcast.net, 530-673-8317: She is the owner of Tax lot 1412360000300 and she wanted to know what was all involved with the legalization and if she would be losing any property. I explained that the legalization will end at her east property boundary and she would not be affected by it. I explained the bridge replacement project to her and she said she would want to be kept up on the design throughout the process. She did not have any concerns on the legalization after our conversation. ORS 368.211 provides for compensation for property affected by road legalization. This statute states: "A county governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings." The statute further states: "To qualify for compensation under this section, a person must file a claim for damages with the county governing body before the close of the hearing to legalize the road." From the survey, it appears that there are no structures within the proposed road legalization. To date there have been no claims filed for compensation as a result of this legalization. Recommendation: Contingent upon testimony and findings presented at the public hearing, the County Engineer recommends Board approval and signature of Order 2014-002 legalizing a portion of Tetherow Road as presented in this report. Under ORS 368.216, when a county governing body legalizes a road, the county governing body shall comply with ORS 368.106 which requires that the county governing body comply with the following:. 1. Any order or resolution enacted and deed or other document establishing an interest in the property for public road purposes to be recorded 2. The road right-of-way to be surveyed and monumented. 3. The survey to be prepared in compliance with ORS 209.250 4. The survey to be recorded with the County Surveyor Upon completion of the legalization procedures, any records showing the location of the road that conflict with the location of the road as described in the order are void. The road exists as shown on the order legalizing the road. Exhibit "B" Legal Description for the 2014 Legalization of Page 1 of 2 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 1 0+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 "T etherow Road Legalization Sketch" which is incorporated herein by this reference, J:\CAD\Projecls\W656 TETHEROW RO. LEGALlZATION\DOC\Telherow Road Legalization 2014-lgl.doc Page 1 of 1 12/24/13 11:43AM mjb N8€r21'18"E 595.17' (~) YUCCA AVE. -60' WIDE PUBLIC ROAD --.~~:-==-:'---I~ TAX LOT 141236B 2000 DESCHUTES COUNTY. TAX LOT 141236D 1200 1988 STABB LIVING ~ TRUST ETAL. TAX LOT 141236 300 BAILO-LAPE FAMILY TRUST ETAL (PARCEL I. PP 2006-48) EAST LINE PARCEL 1,-----1 PP 2006-48 T£TH£ROWRO -EXISTING DIRT ROAD (T~92 BARNETT ROAD - 60 RIGHT OF WAY) TAX LOT 141236A 4500 CENTRAL ORE. PARKS & REC. DIST. , I I , g , ~t!I I ~ZfD> I~:::3 ~!:Q:;l 1-1 ..... !:QE-< I I E-< ~Iiol I Orn ..... ...:I &:i ,. , ~CX):;:JE-<~~ , I / : r /@SE Come< Lot 7. Block 2 ~ I, Tetherow Crossing Phase II I I = 10+00.00 P.O.B. S , L _ -..:egalization_<l__ 30' DEDICATED IN PP. 2006-48 p.O 3D' p.0/ \ --­~~3.~';/ , I ----­ I @SE Corner Parcel 1, I Partition Plat 2006-48 20+25.50 PC , 30.00' Right , Bears NOO'03'36"E I---..,.--,:-=-...--,:,.......,..",.-,...,....~:.:..!..:.;:::.-..;::-::=:"":'=-.....,...----:---.."-"...,,..----i , 39.07' From <l ~---/. /' T.L. 141236 301 / /' / 1968 STABB IJVING ./ TRUST ETAL. /'- \ I I \ \ E~hibit "B" I / / \ \ Page 2 of 2 I / / /\ \ \ I / /\ \ \ I / / \ 6 \ 7 \ 6 1'\\. \\ I 5 4 / 3 / 2 G /SW Corner 'Lot 9, \ CY.OSS\~ I I / /Block 2 1t:t\\Y.Y.~~\<. 2 '\ Tetherow Crossing \\'B~ ~_. I I / / Phase II '_-:;-'A-:-:::-:~I:-----L _...L10+00.00 P.O. . --­ CHORD Terminus Sto. i-=-;;";"';"';~i-=;';";";;;''';'';'';''~'';';;;';''::'':::''+--=-=:''';'';'''';-+-N-2-4'-T2-''';;'51~'''':'';E~3-2-5-.2-8-i, I 20+ 51.06 ~============~.....!N'-!..:5~0::....·1~2:....!'2::.!.1...!"E=--.=.25~..!::::5~6'--I " ©HATCHING = LEGALIZA nON AREA: RIGHT-OF-WAY, 30' EACH\ \ 60' WIDE \ , SIDE OF CENTERLINE ~ ~ ROAD LEGALIZATION SKETCH LOCATED IN SEC. 36, T14S, R12E, W.M., DESCHUTES COUNTY, OREGON DESCHUTES COUNTY ROAD DEPARTMENT SCALE, 1"=200' DRA'w'N BY'mjb DATE, 12/24/13 61150 S.E. 27TH STREET, BEND, OR. 97702 FILE, W656 TETHEROW RD LEGALIZATION.dwg \ \tsciient\J\CAD\Projects\W656 TETHEROW RD. LEGAUZATlON\dwg\W656 TETHEROW RD LEGAUZATlON.dwg