HomeMy WebLinkAboutOrder 024 - Procedures - Legalize Part of Tetherow Rd.docDeschutes 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 22, 2015
DATE: 04/09/2015
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2015-024, 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 ofTetherow Road to be Provided.
Note: This action was previously presented through Order No. 2015-015 and Resolution No. 2015-015,
but due to scheduling issues, the hearing date was changed from May 6, 2015 to June 3, 2015.
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 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 51511892, 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 easement,
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 ofTetherow 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:
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 of Tetherow 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. 2015-024 will cause a portion of Tetherow Road to be surveyed and sets a
public hearing for the legalization of a portion of Tetherow Road on June 3, 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. 2015-024, 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. Board
Chair will also have to sign Exhibit "B", Notice of Road Legalization Hearing.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
..--...... __ 0
:0":.c Q)
X OJ w~
Legalizat'ion 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
1-""'........._-1 implied, including the warranty of merci1an1a1lility cr fitm'$>; fQr a
o 200 400 600 800 Feet
Key
=-=-:::::II Legalization CL D Legalization
-County Routes ESSSl1978 Woody Acres
D
D Taxlots Printed:
March 13,2014 Deschutes River
The in"'rmati on on this map was derived from digital dalBboases on
Deschutes County's G.1.8. Care W1lS taken in the creation cflllis
mop, but K is prCJOo'ided "liS is". Deschutes County cannot IIccept ""Y
responsitility fa erras, orTi.sions. or positional eccu rec:y in the digital
data or the underlying records. There are no warnanties, express or 1==:=1I
Road oepartmentparticular purpose, accanperrying lIlis product. However, notiftcotion
of ""y errors wig be appreciated. P :lArcGIS_ProjectsILegalizationITelherow2
-
~
..-
PROPOSED 2015
TETHEROW ROAD
LEGALIZATION
SECTION 36, T.14 S., R.12 E., W.M.
DESCHUTES COUNTY, OREGON
2015 Legalization
60 ft . wide Right-of-Way
except through plat of
___0lil Woody Acres ._------
Approximately 1400 feet long
Centered on existing road _.. -~ .
30 foot wide public
right-qf-way per 1978 plat of
"Woody Acres".
THIS RIGHT~OF·WAY 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. 2015-024
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. 2015-030, the Board of
County Commissioners initiated the legalization of a portion of Tetherow Road, in Deschutes
County, Oregon; and
WHEREAS; this action was previously presented through Order No. 2015-015 and
Resolution 2015-015, but due to scheduling issues, the hearing date was changed from
May 6,2015 to June 3,2015;
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 Tetherow Road 75 feet westerly of the east line of the
Central Oregon Park and Recreation Districts "T etherow 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.
Page 1 of 2 -ORDER NO. 2015-024
Section 3. That a hearing before the Board of County Commissioners shall be held on
Wednesday, June 3,2015, 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.
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 to 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 of2 -ORDER NO. 2015-024
-----------------.----~-.
I
,
SE CORNER LOT 7,
BLOCK 2, TETHEROW
CROSSING PHASE II:
TO P.O.B. OF 2015
LEGALI ZA TION =
S87"16'05"E 1136.35'
\
N86'21'18"E
595.17'
-. --1'-.-~
'(\JCCA AVL
l r
o
I ~ I
SW CORNER
LOT 9,
BLOCK 2,
TETHEROW
CROSSING
PHASE II
a:: w
fE
~
JULY 26, 1989
MICHAEL J. BERRY
2390
RENEWAL DATE: 12-31-15
LEGALIZATION TIES INTO EXISTING TETHEROW
ROAD RIGHT OF WAY, BEING A PORTION OF
THE 60' WIDE 1892 BARNETT ROAD AS
RETRACED IN SURVEY CS1869B.
PORTION OF THE 1879 WARRIN
ROAD AND 1892 BARNETT ROAD
ALIGNMENTS IN SECTION 36
BEING ABANDONED BY THIS
2015 LEGALIZATION --------------------
Exhibit "An
Page 1 6f3 -
-----------------
----
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
CURVE I LENGTH I RADIUS I TAN DELTA CHORD
C1 105.84'
C2 217.11'
C3 I 65.53' 1335.12' 132.87' 111'12'12" I S49'32'45"E 65.42'
C4 I 65.00' 1160.00' 132.95' 123"16'35"1 S66'47'08"E 64.55'
C5 I 84.84' 1 80.00' 146.90' 160'45'40"1 N71i1'45"E 80.92'
C6 1250.64'12470.37'1125.43' 15'48'48" IN37"54'31"E 250.54'
C7 1 8.29' 1 3~0.17' 1 4.15' 1"29'01" 1 S35'44'37"W 8.29'
EAST-WEST CENTERLINE
LOT
5
HATCHING = 3D' DEDICATED
TO PUBUC IN "WOODY
ACRES·. LANDS IN THE PLAT
OF ·WOODY ACRES" ARE
EXCEPTED FROM THIS
___-:--,--___-,. LEGALIZATION
LINE TABLE
LINE Bearing Dist
L1 S88'41'11"E 24.66'
L2 S64'42' 32"E 148.40'
L3 S74'24'31"E 81.02'·
L4 S43'56'39"E 213,41' \ /L6 N40'4B'55"E 61.24'
L7 N35'OO'07"E 104.67'
SKETCH
36, T14S, R12E, W.M. DESCHUTES CO., ORE.
REVISIONS'I
LOCATED
2015 TETHEROW ROAD LEGALIZATION
-.Il ,..~,' ~...m\.,,,,,,,,,, .,.. ......... I.,...,.... ......'.J _ ..... _.....
Exhibit "A"
Page 2 of 3 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° 41'11 "E 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 106.84 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°10'35"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"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 37°54'31" 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
l:\CAD\Projects\ W660-TETHEROW-SLIDE\DOC\Tetherow Road Legalization 2015-lgl.docx Page 1 of2
31312015
1
1 Exhibit "A" ! Page 3 of 3
I 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.
p~~~~r~AL. J
NO SURVEYOR
RENeWAL OATE: 121311 15
J :\CAD\Projects\ W 660-TETHEROW -SLIDE\DOC\ Tetherow Road Legalization 2015-lgLdocx Page 2 of2
3/3/2015
EXHIBIT liB"
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 JUNE 3,2015, 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 "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.
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: May 14,2015 & May 24,2015
POSTED: May 14, 2015
MAILED: April 23, 2015
