HomeMy WebLinkAboutOrder 021 - Setting Hearing - Neff Rd
Deschutes 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 September 10, 2014
_____________________________
DATE: September 3, 2014
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2014-021, Causing a Portion of Neff 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 Neff Road to be Provided.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is working on the construction of a roundabout at the intersection of Powell Butte
Highway, Neff Road and Alfalfa Market Road. Neff Road was established in 1909 as the E.W.
Richardson Road with a right-of-way width of 60 feet. There is a section where the road and utilities
are not located in the existing right-of-way, as the right-of-way jogs to the south and the roadway
continues in a straight line.
The construction of the roundabout may require the purchase of additional right-of-way; therefore, an
established centerline is needed to prepare legal descriptions for the documents. Per ORS 368.201
Basis for Legalization of Road, a county governing bod y can legalize a county road if the road as
traveled and used for 10 years or more does not conform to the location of a road as described in the
County's records. This legalization will only occur on this short section of Neff Road..
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 Neff 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 Neff Road
4. Filing of the new right-of-way map of Neff Road at the County Surveyor's office.
.
Signature of Order No. 2014-021 will cause Neff Road to be surveyed and sets a public hearing for the
legalization of Neff Road on October 22, 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 of Order No. 2014-021, Causing a Portion of Neff 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 Neff Road to be Provided..
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila Odle (ext. 7148) at the Road Department
Legalization of a Portion of Neff Rd
Portion to be Legalized
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ALFALFA MKiJ:
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State Highway
County Roads
Other Roads
1-] Taxlots
600
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900 1,200 Feet
Printed:
September 2, 2014
Jo hn Ande rso n, GI S Ana lys t
Phone: (54 \ ) 322-710 2
EmaU: John ,a ndefson@descl1utes.org
Adtlress : 6 1 15 0 SE 27 th SI
9 7702
The Infonnation on this map was derived from cigital databases on
Deschutes County's G.I,S. Care was taken in the creation of this
map, but ~ Is provided ' as is". Deschutes County cannot accept any
n!sponsibilily fur errors, orrissions, or positional accuracy in the cigql
data or the underlying records , There an! no warranties, 8O<pnlSS or
implied, inducing the warranty of merch""tability or fitness for a
particular purpose, accanpanying this ,PJ'exird. However, notiftc;ation
of any errors wiU be appreciated,
P :lArcGIS_Projecls\legalizationlNell
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EXISTING NORTH
I '" IRIGHT-OF-WAY LINE 40' fROM lilts: ISECTION UNE PER 1986 IN THIS AREA THE ROAD AND
DEDICATION DEED VOL.129
UTILITIES ARE NOT WITHIN A LEGAL SECTION CORNER EXISTING I FOUND 2-1/2" ALUM.ROAD1_[-'\:'0'\ I NEFF ROAD . CAP ON 3/4" PIPE INI I
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RIGHT-OF-WAY
DEDICA TED IN
1987 0/ / ./ ~E PROPOSED
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" " RKT. RD.t I EXISTING 1909 E.W. RICHARDSON ROAD
60' WIDE RIGHT-OF-WAY
IN THIS AREA THE 1909 RIGHT-OF-WAY
././ -JOGS SOUTH OF THE EXISTING ROAD
60 FEET.
EXISTING SOUTH
RIGHT-OF-WAY UNE 30' fROM LEGLAIZATION
SECTION UNE PER 1909 THE RIGHT-OF-WAY
ESTABUSHMENT Of THE E.W. / / OF THE 1909 RICHARDSON
RICHARDSON ROAD. / ROAD THROUGH TAX LOTS
/ / / / 1713300001801 AND 1804 ANDToxlot: 1713310000103
/ / / THE TAXLOTS TO THE SOUTH
A' BY CENTERING THE
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NEFF ROAD LEGALIZATION -EXISTING RIGHT-OF-WAY PROBLEM
31. 7S. R13E. W.M., DESCHUTES CO .• ORE,
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON
An Order Causing a portion of Neff Road in *
Deschutes County. Oregon to be *
Surveyed, Causing the County Road * ORDER NO. 2014-021
Official to File a Report on the Matter and *
Causing Notice of the Legalization Process *
for Neff Road to be provided. *
WHEREAS, pursuantto ORS 368.201, and by Resolution No. 2014-116, the Board of
County Commissioners initiated the legalization of a portion of Neff Road, in Deschutes
County, Oregon; and
WHEREAS, the Board of County Commissioners seeks to undertake proceedings to
legalize a portion of Neff 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 Neff Road from the east 1/16 corner between Sections
30 and 31 to the west right of way line of Powell Butte Highway as shown in Exhibit "A",
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 Neff 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, October 22,2014, 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.
I
Page 1 of 2 -ORDER NO. 2014-021
I
t
Section 4. That notice of the proceedings for legalization of a portions of Neff 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
I
I
TAMMY BANEY, CHAIR
ATIEST:
ANTHONY DEBONE, VICE CHAIR
Recording Secretary
ALAN UNGER, COMMISSIONER
Page 2 of 2 -ORDER NO. 2014-021
Exhibit "A" Legal Description for the 2014 Legalization of1 of 2 A Portion of Neff Road
A 60.00 foot wide strip of land for roadway and utility purposes located in the
Southeast one-quarter of the Southeast one-quarter (SE1/4 SE1/4) of Section 30
and the Northeast one-quarter of the Northeast one-quarter (NE1/4 NE1/4) of
Section 31, Township 17 South, Range 13 East of the Willamette Meridian,
Deschutes County, Oregon, lying 30.00 feet on either side of the following described
cen terline:
Commencing at the one-quarter corner common to said sections 30 and 31,
a 2-1/2" Aluminum Cap on a 5/8" rebar in the centerline of Neff Road as
described in the Oregon Corner Restoration Record #922 as filed at the
Deschutes County Surveyor's Office, thence along said section line
S89°56'36"E a distance of 1320.50 feet to Engineer's Station 20+00.00, a
5/8" rebar 5 inches below the pavement surface monumenting the East
1/16 corner of said sections 30 and 31and being the Point of Beginning of
this centerline description; thence continuing along said section line
S89°56'36"E a distance of 199.98 feet to Engineer's Station 21+99.98 PC;
thence leaving said section line 89.37 feet along the arc of a 21681.69 foot
radius curve to the left, the long chord of which bears N89°56'19"E a
distance of 89.37 feet; thence N89°49'14"E a distance of 250.98 feet to
Engineer's Station 25+40.33 PC; thence 301.72 feet along the arc of a
2899.63 foot radius curve to the right, the long chord of which bears
S87°11'54"E a distance of 301.59 feet; thence S84°13'03"E a distance of
124.44 feet to the westerly right of way line of the Powell Butte Highway,
being 30.00 feet westerly of and parallel with the centerline of said Powell
Butte Highway (originally the 1928 Bend -Prineville Market Road), and
being the easterly Terminus Point of this centerline description.
The sidelines of said 60.00 foot strip to be extended or shortened to begin
at the west lines of the SE1/4 SE1/4 of Section 30 and the NE1/4 NE1/4 of
Section 31 and to end at the westerly right of way line of the Powell Butte
Highway. 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 "Neff Road Legalization
Sketch" which is incorporated herein by this reference.
J:\CAD\Projects\W653-Powell Butte Alfalfa Mrkt\docs\Tetherow Road Legalization 2014-lgl.doc Page 1 of 1
09/02/14 12:50 PM
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RIGHT-OF-WAY LINE 30' FROM / ./
SECTION LINE PER 1909 / /
EST ABLISHMEN T OF THE E. W. / ./
RICHARDSON ROAD . ./
Toxlot: 1713310000105
To xlot: 1713310000103 /// /
/ / /
OREl'3ON
JULY 26, 1989
MICHAEL J. BERRY
2390
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RENEWAL DATE: 12-31-15 /r-----l
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SCALE: 1" = 200' / /
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Exhibit "A"
2 of 2
EXISTING NORn-t
RIGHT-OF-WAY LINE 40' FROM
SECTION LINE PER 1986
DEDICATION DEED V0L.129
PG. 853'7:R~,\r .
1'I;;--S89:S6'36'"i !3i;:50~
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EXI STING SOUTH
NOTES
0 FOUND 1/4 CORNER BETWEEN SECTIONS 30 AND 3 1 -2-112 ALUM .
CAP ON #5 REBAR 4" BELOW ASPHALT SURFACE .
0 FOUND EAST 1/16 CORNER BETWEEN SECTIONS 30 AND 31 -#5
REBAR IN ROAD 5" BELOW ASPHALT SURFACE .
POINT OF BEGINNING STATION 20+00 .00 OF LEGALIZATION .
0
0
ADD'L RIGHT·OF-WAY DEDICATED ALONG NORTH LINE OF TAX LOT
105 PER DEED V.149 PG . 2221 O.R. FOR A 1987 ROAD WIDENING
PROJECT . THIS DEDICATED STRIP IS NOT VOIDED BY THE
LEGALIZATION. IT CREATES A STRIP OF ADDITIONAL RIGHTOF
WAY 10.8 TO 11 .9 FEET BEYOND THE LIMITS OF SOUTH
LEGALIZATION RIGHT-OF-WAY LINE.
WEST RIGHT OF WA Y LINE OF POWELL BUTTE HIGHWA Y BEING 30
FEET FROM THE CENTERLINE OF THE 192 8 BEND -PRINEVILLE
MARKET ROAD. THE NEFF LEGLAIZATION TERMINATES AT THIS
RIGHT-OF-WAY LINE .
~ ~ <t R=21681.69' f30 'ho,l
:::1 + L=89 .37' Toxlot: 1713300001801 . f
r g Ton=44.68 I %f
rr1 (:, LFO"14'1O" I ~ 00 pie: "0 N89"S~,hO~,~: , SECnON LINE Tqxlot : 1713300001804 ,::, I ~ 9 19 89.37 1/4 TO SEC . COR. = I ':::
::::l ~ "0 "0 S89"S6'36 "E 2640.94 / ff I ~ () -l / 0 /
SECTION CORNER ~ j/ ;/ I FOUND 2-1/2" ALUM.
CAP ON 3/4" PIPE IN ~ NEFF ROAD 1.. I CONCRETE ~ ! V \/h \ ,_--=...Je.
V
EI1a__
ALFALFA RKT. RD. <t R=2899 .63'
L=301 .72 '
Ton=151.00
01 LF5"57'43" ./' -------
+HA TCHING = AREA TO BE .j>. Chord: /fi
lEGALIZED Yt1THIN 60 FOOT Yt1DE ~ N8T11'54"W poVI / 0 ./LEGALIZATION RIGHT-OF-WAY VI 301 59'/
NEFF ROAD LEGALIZATION SKETCH
IN THE SE 1/4 SE 1/4 SEC . 30 AND THE NE 1/4 NE 1/4 SEC . 31, T17S, R13E, W.M., DESCHUTES CO., ORE.
DESCHUTES COUNTY ROAD DEPARTMENT SCALE, 1"= 200 ' DRAVN BY'M .J.B. DATE, 9/2/2014 I REVISIONS,
61150 S.E. 27TH STREET , BEND, OR. 97702 FILE, w653-Neff-legalization-maps .dwg
., CAD \ Projects\W653-Powell Butte Alfalfa Mrkt\dwg\ w653-Neff-legalization-maps .dwg
I1
EXHIBIT"B"1
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 OCTOBER 22,2014, 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.
Deschutes County has initiated proceedings to legalize a portion of Neff Road from the
east 1/16 corner between Sections 30 and 31 to the west right of way line of Powell Butte Highway
in Deschutes County, Oregon.
1 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.
I ORS 368.201 to 368.221 provides authority for road legalization.
PUBLISHED:
POSTED:
MAILED:
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
October 2,2014 & October 12, 2014
October 2,2014
September 22, 2014
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