HomeMy WebLinkAboutOrder 022 - Legalize Portion of 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 October 22, 2014
_____________________________
DATE: October 13, 2014
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2014-022, Completing Legalization Procedures for a Portion
of Neff Road.
PUBLIC HEARING ON THIS DATE? YES
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 body 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 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 caused a portion of Neff 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 certified 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. 2014-022 will finalize the legalization of a portion of Neff 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. 2014-022,
legalizing a Portion of Neff Road
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
/---__--' E NEEF RD
Portion to be Legalized
/'
' \
'.----_~LEAL MKTRD
a 300....------..----1 Locator Map r-.r-------,
Key
ALFALFA MKir. ~-.. Legalization
RD
State Highway
County Roads
Other Roads
1 __ ] Taxlots
600 900 1,200 Feet
Printed:
September 2, 2014
l as -•
The infonnalion on this map was derived fran dgtJl databases on
Deschutes County's G.I.S. Care was taken in the aeation ofthis
map, but ~ is prOllided "as is". Deschutes County cannot accept any
responsibility fur errOfS, orrissions, or positional accuracy in the dgital
deta or the underlying IlICords . There are no warranties, ...press or
implied, includng the warranty of merchantability or fitness for a
particular purpose, accompanying this produd. However, notification
of any errors wiH be appreciated.
P:lArcGIS_ProjectsILegalizationINeff
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 Neff Road in
Deschutes County, Oregon
*
*
*
ORDER NO. 2014-022
WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2014-116, the Board of County
Commissioners (Board) initiated the legalization of a portion of Neff Road, in Deschutes County,
Oregon; and
WHEREAS, pursuant to ORS 368.206, and by Order No. 2014-021, the Board caused a portion of
Neff 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, 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 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 Neff 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 "An and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That a portion of Neff Road in Deschutes County, Oregon, is hereby legalized as
described in Exhibit "8", 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. 2014-022
Section 4. That the survey of a portion of Neff 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 Neff Road as
provided herein, any records showing the location of Neff 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
ATTEST:
ANTHONY DEBONE, VICE CHAIR
Recording Secretary
ALAN UNGER, COMMISSIONER
Page 2 of 2 -ORDER NO. 2014-022
Exhibit A
Page 1 0[2
Road Department
61150 SE 27th St .• 8end, Oregon 97702
(541) 388-6581· FAX (541) 388-2719
ENGINEER'S REPORT
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GEORGE KOLB, COUNTY ENGINEER
SUBJECT: LEGALIZATION OF A PORTION OF NEFF ROAD
DATE: 10/13/2014
This report is made pursuant to ORS 368 .206 and by order of the Board of County
Commissioners, Order No . 2014-021, concerning the investigation by the Road Department
Engineer of the proposed legalization of a portion of Neff Road.
Background:
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 in this area was established in
1909 as the E.A. Richardson Road with a right of way width of 60 feet. The E.A. Richardson
Road was surveyed west-east along the section line. However, approximately 600 feet west of
the intersection with what is now the Powell Butte Highway, the road jogged southerly about
sixty feet to avoid a rock outcrop and then jogged back up to the section line. As evidenced by
aerial photographs, between 1951 and 1976, the physical road was straightened through the
rock outcrop although no additional right-of-way was dedicated. The right-of-way in the
abandoned 1909 "jog" was not vacated. Current tax lot maps do not show the old configuration
and erroneously show valid right-of-way through the road outcrop area. In 1987, the Powell
Butte Highway/Neff Road/Alfalfa Market Road intersection was reconstructed and additional
right-of-way was obtained from tax lot 1713310000105 in the southwest quadrant of the
intersection. This facilitated a slight re-alignment of the east terminus of Neff Road at Powell
Butte Highway but did not resolve the right-of-way gap and excess right-of-way in the rock
outcrop area. 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. This legalization will encompass the portion of Neff Road from the intersection with
Powell Butte Highway west for approximately 0.19 miles.
Exhibit A
Page 2 of2
Road location Survey:
Order No. 2014-021, Section 1, directed that this portion of Neff Road be surveyed to determine
the location and width of the road. The survey and legal description for this legalization is
attached to Order 2014-022 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 Neff Road,
including the October 22, 2014 hearing, by posting and by service to owners of abutting land
pursuant to Order No. 2014-021. Four {4} notices were sent out by certified mail with four (4)
returned to the Road Department. The Road Department received no comments from the
public concerning this legalization.
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: uTo 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 2014-022 legalizing a portion of Neff 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 "8"
Legal Description for the 2014 Legalization of Page 1 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
centerline:
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.
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~ ~ <t R= 21681.69' E h'b't US" 130 '00' I ~ + L=89.37' Taxlot: 1713300001801 X I 1 . I
r ~ Tan=44.68 Page 2 of 2 I f I
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C) 0 t I
EXISTING NORlH E: -0 N89'5~,~O~,dE: , SECnON LINE Taxlot: 1713300001804 .:;, I
RIGHT-OF-WAY LINE 40' FROM ~ 9 9 89.37 1/4 TO SEC. COR. I ~
SECTION LINE PER 1986 ::J !D -0 S89'S6'36"E 2640.94
I ff II
DEDICATION DEED VOL.129 ~ (") I 0
PG. 853, O.R. II
SECTION CORNER
I FOUND 2-1/2" ALUM .
700'\ ~ I / CAP ON 3/4" PIPE IN
lQ. I
. [. ~ NEFF ROAD h: IJ CONCRETE
, t~_S89:S6'36'~ ~2o.50~. ~ //~ \ ~1\_ / \ ..IV '-;;}
\"\1-1',-,-- - --7'-7 :::::
ALFALFA RKT. RD. <t R=2899.63'
L=301.72' /I
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(J1 ~nS~~i~4~~ ~ /
+HATCHING = AREA TO BE ~ Chord: / t.
LEG AU ZED WilHlN 60 FOOT WiDE 9 N8T11 '54"W po<...I / 0 /'EXISTING SOUlH LEGALIZATION RIGHT-OF-WAY <...I 301~59'/ c.n /'RIGHT-OF-WAY UNE 30' FROM / /'
SECTION LINE PER 1909 / /
ESTABLISHMENT OF THE LW. / /
RICHARDSON ROAD. / /Toxlot: 1713310000105
Taxlot: 1713310000103 / / /
/ / /
/ ~~. /-..........
OREstlN
JULY 26. 1989
MICHAEL J. BERRY
2390
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RENEWAL DA IT: 12-31-15 __---l/ / ,
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SCALE: 1" = 200' / /
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NOTES
0 FOUND 1/4 CORNER BETWEEN SECTIONS 30 AND 31 -2-1 /2 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.
@ 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 , I
WAY 10 .8 TO 11.9 FEET BEYOND THE LIMITS OF SOUTH
LEGALIZATION RIGHT-OF-WAY LINE. I
0 WEST RIGHT OF WAY LINE OF POWELL BUTIE HIGHWAY BEING 30
FEET FROM THE CENTERLINE OF THE 1928 BEND -PRINEVILLE
MARKET ROAD. THE NEFF LEGLAIZATION TERMINATES AT THIS ,
RIGHT-OF-WAY LINE.
- ---_ .-- ---- ----
/ /"'"'---/
NEFF ROAD LEGALIZATION SKETCH
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.
COUNTY ROAD DEPARTMENT SCALE' 1"= 200' DRA\JN BY, /.i.J.B. DATE, 9/2/2014 I REVISIONS'
27TH STREET, BEND, DR. 97702 FILE'w653-Neff-legalization-maps.dwg
IN THE
DESCHUTES
61150 S,E,
\ \tsclient\J\CAD\Projects\W653-Powell Butte Alfalfa Mrkt\dwg\w653-Neff-legalization-maps.dwg