HomeMy WebLinkAboutRes 034 - Initiate Legalization - Skyliners 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 April 25, 2012
Please see directions for completing this document on the next page.
DATE: April 18,2012
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2012-034, Initiating Legalization Proceedings for
Portions of Skyliners Road
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is working with the Federal Highway Administration (FHW A) on the reconstruction
of Sky liners Road through the Federal Forest Highway Program. Skyliners Road was established as a
County Road twice, once in 1935 as the Tumalo Lake Road and again in 1938 as the Tumalo Falls
Road. Research completed by the Road Department indicated that there was not sufficient survey data
to locate the centerline of these establishments. Because the reconstruction of Skyliners Road may
require right-of-way dedications and driveway construction easements from residents along the road, 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 location of
the road cannot be accurately determined due to a defective survey of the road or adjacent property.
This legalization will only occur on the portions of Skyliners Road that run through private property.
The portions of Sky liners Road that run through Forest Service property will be taken care of by an
easement granted by the Forest Service to the County. 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 Skyliners 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 rej ects 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 Sky liners Road
4. Filing of the new right-of-way map of Sky liners Road at the County Surveyor's office.
Signature of Resolution No. 2012-034 will initiate the legalization process for Skyliners Road.
FISCAL IMPLICATIONS:
None. The Federal Highway Administration will provide the required survey for the legalization. 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. 2012-034, Initiating Legalization Proceedings for
Portions of Sky liners Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings to *
Legalize portions of Skyliners Road, in * RESOLUTION NO. 2012-034
Deschutes County, Oregon. *
WHEREAS, ORS 368.201 established County authority to initiate road legalization
proceedings; and
WHEREAS, Skyliners 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 Skyliners 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 Skyliners Road from the Bend City Limits to the
South line of the N1I2, NE1/4 Section 10 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 ____________, 2012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ATTEST:
ALAN UNGER, VICE CHAIR
Recording Secretary
TAMMY BANEY, COMMISSIONER
PAGE 1 OF 1-RESOLUTION NO. 2012-034
I
,.
To be Legalized
03
To be Legalized
Key t
Legalization of Skyliners Road
To be Legalized
... .. ~
EXHIBIT "A"
Page 1 of 1
SKYLINERS RD
The informllliO"l on this m.pwn dllriwd from digital dldBbIIs. en
Deschutes County's G.I .S. ett. WIlstllqn in the creation otEtus
map, but it i1 pl"Oro'ad .., is"'.
~Deschutes County Road Department
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~~4Hchur:ft."-'Il-County Roads D Taxlots implied , inducing Itl. Wllfl"'l at marchantJtility a lItness fer .. MdI'el. &IISOSE l1W'I St
~f'ticular purpo-. ltCC~rrylng1M pociJct. H(NCV", notilc::ationPrinted: May 25, 2011
BHl(l Clf'91?02 --Centerlines Cl City of Bend at wry .fO'1i wlA be aw.aat.::t ,