HomeMy WebLinkAboutRes 015 - Initiate Legalization - Part of 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 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 Resolution No. 2015-015, Initiating Legalization Proceedings for a
Portion ofTetherow Road
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On February 3, 2015 a portion of an existing retaining wall gave way on Tetherow 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 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 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
1412360000400 (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 ofthe 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 ofTetherow Road
4. Filing of the new right-of-way map of this portion of Tetherow Road at the County Surveyor's
office.
Signature of Resolution No. 2015-015 will initiate the legalization process for this portion ofTetherow
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:
Move approval of Board Signature on Resolution No. 2015-015, Initiating Legalization Proceedings for
a Portion of Tetherow Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
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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 information on this I11IIp was dorived from cigilal dalabases on
Deschutes County's GJ.5. cae _slaken in the creatioo ofthis
map, but ~ is provided ".s is". Deschules Coonty cannot accept any
rasponsibiity fur emn, am,..;ens, or positia'lal accuracy in the cigilaJ
data or the undaftying rec:ordo. There ara no warranties, ""ptess or .=~•
.................._~implied, incllcing thawamu-.y of rnen:harrtability or litness fur a
r particularpurposa. ~nyi1g Ihis prociJd. However, notificatioo
800 Feet
Printed:
March 13, 2014
Jo hn Anderson, GIS Analyst
_ . (S4l1 J12·7102
EmooI: ,...,.aIde ..._"'11__ 611509: :nu. 51
~ ...... OR 97101
Road Department
of any errors wiR be appnociatad. P:lArcGIS_ProjectsILegalizationITetherow2
EXISTING
COUNTY AND PUBLIC ROADS
IN THE VICINITY OF
TETHEROW GRADE
SECTION 36, T.14 S .. R.12 E. , W.M .
DESCHUTES COUN1Y , OREGON
....
~-
....
PROPOSED 2015
TETHEROW ROAD
LEGALIZATION
SECTION 36, T.14 S., R.12 E., WM.
DESCHUTES COUNTY, OREGON
2015 Legalization
60 ft . wide Right-of-Way
except through plat of
Woody Acres
Approximately 1400 feet long
Centered on existing road
_ 0.1
30 foot wide public
right-of-way per 1978 plat of
'Woody Acres" .
THIS RIGHT-OF·WAY LINE
REMAINS T.HE SAME . THE
LEGALIZATION DOES NOT
AFFECT THE LOTS IN WOODY
ACRES
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings
Legalize a portion of Tetherow Road,
Deschutes County, Oregon.
to
in
*
*
*
RESOLUTION NO. 2015-015
WHEREAS,
proceedings; and
ORS 368.201 established County authority to initiate road legalization
WHEREAS, a portion of Tetherow 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 a portion of Tetherow
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 a portion of Tetherow 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 1412360000400 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 ____________• 2015.
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. 2015-015
Exhibit "A"
1 of 2
Legal Description for the 2015 Legalization of
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), the Southeast one-quarter of
the Northeast one-quarter (SE1/4 NE1I4) and the Northeast one-quarter of the
Southeast one-quarter (NE1/4 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 a 5/8"
rebar monumenting the Southeast Corner of Lot 7, Block 2, Tetherow
Crossing Phase II; thence leaving said Yucca Avenue right-of-way line,
S87°16'05"E a distance of 1136.35 feet to a point at the centerline of the
1892 Barnett Road identified as Point "B" on the survey filed at the
Deschutes County Surveyor's Office as CS18696 titled "2014 Right-of
Way Map For the Legalization of a Portion of Tetherow Road", said Point
"B" being Engineer's Station 30+00.00 and the Point of Beginning of this
2015 centerline description; thence S88°41'1111E a distance of 24.66 feet
to Engineer's Station 30+24.66 P.I; thence S64°42'32"E a distance of
148.40 feet to Engineer's Station 31+73.06 P.C.; thence 106.97 feet along
the arc of a 631.87 foot radius curve to the left, the long chord of which
bears S69°33'32"E a distance of 1 06.84 feet to Engineer's Station
32+80.03 P.T.; thence S74°24'31"E a distance of 81.02 feet to Engineer's
Station 33+61.05 P.C.; thence 219.69 feet along the arc of a 413.18 foot
radius curve to the right, the long chord of which bears S59° 1 O'35"E a
distance of 217.11 feet to Engineer's Station 35+08.74 P.T.; thence
S43°56'39"E a distance of 213.41 feet to Engineer's Station 37+94.15
P.C.; thence 65.53 feet along the arc of a 335.12 foot radius curve to the
left, the long chord of which bears S49°32'45"E a distance of 65.42 feet to
Engineer's Station 38+59.68 P.T.; thence S55°08'50"E a distance of 23.51
feet to Engineer's Station 38+83.19 P.C.; thence 65.00 feet along the arc
of a 160.00 foot radius curve to the left, the long chord of which bears
S66°47'08" E a distance of 64.55 feet to Engineer's Station 39+48.19
P.C.C.; thence 84.84 feet along the arc of a 80.00 foot radius compound
curve to the left, the long chord of which bears N 71 ° 11'45"E a distance of
80.92 feet to Engineer's Station 40+33.03 P.T.; thence N40048'55 11 E a
distance of 61.24 feet to Engineer's Station 40+94.27 P.C.; thence 250.64
feet along the arc of a 2470.37 foot radius curve to the left, the long chord
of which bears N 3r54'31" E250.54 feet to Engineer's Station 43+44.92
P.T.; thence N35°00'07"E a distance of 104.67 feet to Engineer's Station
44+49.58 P.C.; thence 8.29 feet along the arc of a 320.17 foot radius
curve to the right, the long chord of which bears N35°44'37"E 8.29 feet to
Engineer's Station 44+57.87 P.O.C., at the east-west centerline of said
Section 36, being the easterly Terminus Point of this centerline
description, from which the 3" diameter aluminum Deschutes County
Surveyors Office cap stamped "L.S. 804" marking the east one-quarter
corner of said Section 36 bears S89°34'45"E a distance of 347.23 feet
J:\CAO\Projects\W660-TETHEROW -SLlDE\DOC\ Tetherow Road Legalization 2015-lgl.doex Page 1 of2
3/312015
.
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"8"E
595.17'
-. --1'-
YUCCA AVE. ~
I
ci
I ~ I
SW CORNER
LOT 9,
BLOCK 2,
TETHEROW
CROSSING
PHASE II
ffi
I
~
Exhibit "A"
1of2
LEGALIZA TlON 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
LEGALIZATION POINT OF
BEGINNING AT POINT ®
(SEE SURVEY CS18696)
IN CENTERLINE OF 1892
BARNETT ROAD
WHERE THE SOUTHERLY LEGALIZA TlON
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
RADIUS I TAN DELTA I CHORD
9'42'00" 1S69'33'32"E 106.84'
30'27'52"1 N59'1 0'35"W 217.11'
11'12'12" 1 S49'32'45"E 65.42'
2316'35" S66'47'08"E 64.55'
0" N7111'45"E 80.92'
5'48'48" N37'54'31"E 250.54'
1'29'0'" S35'44'37"W 8.29'
LINE
L1
L2
L3
L4
L6
HATCHING = 30' DEDICATED
TO PUBLIC IN "WOODY
ACRES". LANDS IN THE PLAT __
OF "WOODY ACRES" ARE __
EXCEPTED FROM THIS
....__ . _. _ i LEGALIZATION
Bearina Dist
S88'41'11"E 24.66'
S64'42'32"E 148.40'
574'24'31"£ 81,02' \
S43'56'39"E 213.41' /N40'48'55"E 61.24'
N35'OO'07"E 104.67'
TETHEROW ROAD LEGALIZATION SKETCH
36, T14S, R12E, W.M. DESCHUTES CO., ORE.
REVISIONS'