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HomeMy WebLinkAboutOrder 015 - Notice - Tetherow Rd LegalizaitonDeschutes 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 March 25, 2015 Please see directions for completing this document on the next page. DATE: March 18,2015 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Signature of Order No. 2015 -015, Causing a Portion of T etherow 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 a portion of Tetherow Road to be Provided PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: On February 3, 2015 a portion of an existing retaining wall gave way on T etherow Road located on the uphill grade to the east of the bridge across the Deschutes River (see attached photos labeled Exhibit 1). County crews came in for emergency repairs and as a result of clearing the road, the side slope of the road was extended onto private property owned by Platt Properties, LLC. The property owners were notified of the project and the County was given permission to complete the work located on their property with the understanding that a slope easement would be acquired by the County to cover the portion of private property needed for the repair. When the Road Department went to write the legal description for the slope easement, 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). In order to write a legal description for the slope easment, the existing centerline of the road will have to be legalized per Oregon Revised Statutes. The proposed legalization will encompass the 0.27 mile segment of the road beginning 75 feet westerly of the east line of the Central Oregon Park and Recreation Districts "Tetherow Crossing Park" and ending at the north property line of Tax Lot 141236D000400 (Platt Properties LLC). 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 oITetherow 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. 2015-015 will cause a portion of Tetherow Road to be surveyed and sets a public hearing for the legalization ofa portion of Tetherow Road on May 6,2015. 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 Order No. 2015-015, Causing a Portion of Tetherow 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 a Portion of Tetherow Road to be Provided. ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Sheila OdIe (ext. 7148) at the Road Department Legalization of a Portion of Tetherow Road Begin Legalization End Legalization 30' Dedicated to Public in 1978 Woody Acres Subdivision Proposed Area of Legalization Along Centerline of Existing Road Locator Ma o 200 400 600 Key =-=-=­Legalization CL D Legalization --­County Routes ~1978 Woody Acres D Taxlots D Deschutes River The irTfIlmaion on this map was derived from dgtal databases on Deschutz Cariy's GJ.5. c..was taken in the crealion ofthis mllp, but iI is provided "as is". OesdTuI&s County cannollccepl.ny n"'po.TSi~ fa-emn. ani_ens, Of positional accuracy in the dgital data Of the undorlying records. There are no warranties, ""press or j::==•• --""",...~...-l implied, ina..qlhe~ofmarchWllability or rltness ra-a r particular purpos.. accanponyi1g this prO<1JcI . However, notification 800 Feet Printed: March 13,2014 Road Department of any """"'" win be oppreciaIed. P:lArcGIS_ProjectsILegalizationITetherow2 ~- PROPOSED 2015 TETHEROW ROAD LE GAllZATION SECTION 36, T.14 S., R.12 E., W.M . DESCHUTES COUNTY, OREGON 2015 Legalization 60 fl wide Right-of·Way except through plat of Woody Acres Approximately 1400 feet long Centered on existing road- 30 foot wide public right-of-way per 1978 plat of 'Woody Acres ". THIS RIGHT·OF·WA Y LINE REMAINS THE SAME. THE LEGALIZATION DOES NOT AFFECT THE LOTS IN WOODY ACRES EXISTING COUNTY AND PUBLIC ROADS IN THE VICINITY OF TETHEROW GRADE SECTION 36, T.14 S., R.12 E., W.M. DESCHUTES COUNTY, OREGON REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON An Order Causing a portion of Tetherow * Road in Deschutes County, Oregon to be * Surveyed, Causing the County Road * ORDER NO. 2015-015 Official to File a Report on the Matter and * Causing Notice of the Legalization Process * for Tetherow Road to be provided. * WHEREAS, pursuant to ORS 368.201, and by Resolution No. 2015-015, the Board of County Commissioners initiated the legalization of a portion of Tetherow Road, in Deschutes County, Oregon; and WHEREAS, the Board of County Commissioners seeks to undertake proceedings to legalize a portion of Tetherow 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 T etherow Road 75 feet westerly of the east line of the Central Oregon Park and Recreation Districts "Tetherow Crossing Park" and ending at the north property line of Tax Lot 141236D000400 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 Tetherow 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, May 6,2015, at 10:00 a.m. in the Deschutes County Commissioner's Hearings Room, Deschutes County Services Center, 1300 NWWall 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. Page 1 of 2 -ORDER NO. 2015-015 Section 4. That notice of the proceedings for legalization of a portion of Tetherow 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 ____________, 2015. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ATTEST: ALAN UNGER, VICE CHAIR Recording Secretary TAMMY BANEY, COMMISSIONER Page 2 of 2 -ORDER NO. 2015-015 Exhibit "A" 1of2 along said east-west centerline and also from which the 1/2" iron rod marking an angle point in the exterior boundary of the plat of "Woody Acres" at the prolongation of the lot line common to lots 5 and 6 of said plat bears N89°34'45"W 1.31 feet. The sidelines of said 60.00 foot strip to be extended or shortened to begin at the right-of-way lines of the 1892 Barnett Road segment west of the aforementioned point "B" that bear S88°41'11"E on the aforementioned survey CS18696, and to terminate at the east-west centerline of said Section 36 at said station 44+57.87 P.O.C. EXCEPTING THEREFROM any portion of said 60.00 foot strip lying within the boundary of the plat of "Woody Acres", the intent being to honor the location of the thirty foot wide dedication in said plat and not create new right-of-way southeasterly beyond the existing Woody Acres right-of-way. 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 "2015 Tetherow Road Legalization Sketch" which is incorporated herein by this reference. 1 I i! J:\CAD\Projects\W660-TETHEROW-SLlDE\DOC\Tetherow Road Legalization 2015·lgl.docx Page 2 of2 3/312015 I SE CORNER LOT 7, BLOCK 2, TETHEROW CROSSING PHASE II: TO P.O.B. OF 2015 LEGALIZATION = S87"16'05"E 1136.35' N86'21'18"E 595.17' -e --/'­-~ yUCCA AVE. I c:i I ~ I SW CORNER LOT 9, BLOCK 2, TETHEROW CROSSING PHASE II 0::: W ~. W I- Exhibit "An 2of2 LEGALIZATION TIES INTO EXISTING TETHEROW ROAD RIGHT OF WAY, BEING A PORTION OF THE 60' WIDE 1892 BARNETT ROAD AS RETRACED IN SURVEY CS18696. -----­ PORTION OF THE 1879 WARRIN ..-­ ROAD AND 1892 BARNETT ROAD ..-­ ALIGNMENTS IN SECTION 36 ..-­ BEING ABANDONED BY THIS ..-­ 2015 LEGALIZATION ..-­..-­..-­..-­..-­..-­..-­ EAST-WEST CENTERLINE 60' LEGALIZATION R/W LOT 5 LEGALIZATION POINT OF BEGINNING AT POINT ® (SEE SURVEY CS18696) IN CENTERLINE OF 1892 BARNETT ROAD WHERE THE SOUTHERLY LEGALIZATION R/W LINE INTERSECTS THE PLAT OF WOODY ACRES, THE TOTAL R/W WIDTH BECOMES VARIABLE ONWARD TO THE TERMINUS OF THE LEGALIZATION CURVE TABLE HATCHING = 30' DEDICATED TO PUBUC IN ·WOODY ACRES". LANDS IN THE PLAT __ OF ·WOODY ACRES· ARE --­ EXCEPTED FROM THIS .-:=--::-:-=-:-:::-­__,' LEGALIZA11 ON CURVE RADIUS I TAN DELTA I CHORD LINE TAI::iLI:. ~<O>~~~ EG JULY 26, 1989 MICHAEL J. BERRY 2390 RENEWAL DATE: 12-31-15 C1 C2 C3 C4 C5 C6 C7 631.87' 153.61' , '413.18' 112.51' 335.12' 32.87' 60.00' 132.95' 84.84' 1 80.00' 146.90' 250.64'12470.37'1125.43' 8.29' 1320.17' 1 4.15' 9'42'00" 1S69'33'32"E 106.84' 30'27'52" N59'O'35"W 217.11' 11'12'12" S49'32'45"E 65 23,6'35" 1 S66'47'08"E 64.55' 60'45'40"1 N71'11'45"E 80.92' 5°48'48" IN37"54'31"E 250.54' 1°29'01" I S35°44'37"W 8.29' LINE Bearin ~©\PL1 S88'41'1,"E L2 S64°42'32"E L3 S74'24'3,"E L4 S43"56'39"E L6 N40'48'55"E I 61.24' L7 N35'00'07"E 1104.67' \ / 2015 TETHEROW ROAD LEGALIZATION SKETCH 4S, R12E, W.M. DESCHUTES CO., ORE. EXHIBIT "B" 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 MAY 6 , 2015 ,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. The location of a portion of Tetherow Road, as used by the public, is different from the location of the road as described in County records. Deschutes County has initiated proceedings to legalize a portion of Tetherow Road from 75 feet westerly of the east line of the Central Oregon Park &Recreation Districts "T etherow Crossing Park" and ending at the north property line of tax lot 141236D000400 in Deschutes County, Oregon, as shown in Exhibit "A" attached hereto and incorporated herein. 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. ORS 368.201 to 368.221 provides authority for road legalization. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON Tony DeBone, Chair PUBLISHED: April 16, 2015 & April 26, 2015 POSTED: April 16, 2015 MAILED: April 6, 2015