HomeMy WebLinkAboutRes 030 - Initiate Legalization - 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
Please see directions for completing this document on the next page.
DATE: April 9, 2015
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2015-030, Initiating Legalization Proceedings for a
Portion of Tetherow Road.
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 ofthe 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 ofthe 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 3/611879, Wasco County CJ "B" PG 499, right of way width
60 feet or the 1892 D.W. Barnett Road that was established 5/511892, 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 ofa 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
-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 of Tetherow Road
4. Filing of the new right-of-way map of this portion ofTetherow Road at the County Surveyor's
office.
Signature of Order No. 2015-024 will cause a portion ofTetherow Road to be surveyed and sets a
public hearing for the legalization of a portion ofTetherow Road on June 3, 2015.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Resolution No. 2015-030, 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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Lt::Ydll£dllUII UI d rUllIUl1 UI I ~1I1~1 VYY I,vau
Begin Legalization
End Legalization
30' Dedicated to Public in
1978 Woody Acres Subdivision
Proposed Area of Legalization
Along Centerline of Existing Road \
\
\
\
..."""..........-ool implied, inducing th" -..only 0( merehi1lllabilily or frtness for a
o 200 400 600 800 Feet
Key
=-=-=-Legalization CL 0 Legalization
-County Routes ~1978 Woody Acres
o Taxlots Printed :
March 13 , 2014 o Deschutes River
The informalion on _ map..., derived (rom digital databases on Joh n Andet;oo, Gl.S Analyst
_ . IS-I) 312 7102
map, but it is providBd·u i.... O...eI"..... C",mty cannot accept any
Deschutes Cotrty's G.lS. C-. was takan in the creation onnis
~,jOINl."''''-''''-::,-•--..-_6tlSOSf27tl>5tresponsibility for emn. om"';....., or positional accuracy in the cfgital _,0091701
data or the undarlying ......... There are no warranties, ""press or
-==...
Road Department particular pu~~ny81g!his product . However, notification
ofony emn will be~. P.lArcGIS_Projectsl legalizationITetherow2
EXISTING
COUNTY AND PUBLIC ROADS
IN THE VICINITY OF
TETHEROW GRADE
SECTION 36 , T .14 S ., R.12. E., WM.
DESCHUTES COllNTY, OREGON
•-
..-
PROPOSED 2015
TETHEROW ROAD
LEGALIZATION
SECTION 36, T.14 5., 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-WAY LINE
REMAINS THE SAME . THE
LEGALIZAliON DOES NOT
AFFECT THE LOTS IN WOODY
ACRES
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Initiating Proceedings to *
Legalize a portion of Tetherow Road, in * RESOLUTION NO. 2015-030
Deschutes County, Oregon. *
WHEREAS, ORS 368.201 established County authority to initiate road legalization
proceedings; and
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,
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;
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 "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, are hereby initiated pursuant to ORS 368.201.
DATED this ___ day of ____________, 2015.
BOARD OF COUNTY COMMISSIONERS
OFDESCHUTESCOUNT~OREGON
ANTHONY DEBONE, CHAIR
ATTEST:
ALAN UNGER, VICE CHAIR
Recording Secretary
TAMMY BANEY, COMMISSIONER
PAGE 1 OF 1 -RESOLUTION NO. 2015-030
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LEGALIZA TlON TIES INTO EXISTING TETHEROW
ROAD RIGHT OF WAY, BEING A PORTION OF
THE 60' WlDE 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
BARN ED ROAD
Page 1 of 3
..............
~
..............
LOT
5
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'
•
YUCCA AVE.
l
SW CORNER
LOT 9,
BLOCK 2,
TETHEROW
CROSSING
PHASE II
EG~ U
JUL Y 26, 1969
MICHAEL J. BERRY
2390
RENEWAL DATE: 12-31-15
Exhibit "A"
WHERE THE SOUTHERLY LEGALIZATION ~\ ---HATCHING -30' DEDICATED R/W LINE INTERSECTS THE PLAT OF - •
WOODY ACRES, THE TOTAL R/W WIDTH LOT TO PU~lIC IN WOODY
BECOMES VARIABLE ONWARD TO THE \ LOT 7 ACRES. LANDS IN THE PLAT ______
TERMINUS OF THE LEGALIZATION \ 8 OF ·WOODY ACRES· ARE
\ EXCEPTED FROM THIS
CURVE TABLE LEGALIZATION
CURVE LENGTH RADIUS TAN DELTA CHORD
C1 106.97' 631.87' 53.6" 9'42'00" S69'33'32"E 106.84'
C2 219.69' 413.18' 112.51' 30'27'52" N59'1 0'35"W 217.11'
C3 65.53' 335.12' 32.87' 11'12'12" S49'32'45"E 65.42'
C4 65.00' 160.00' 32.95' 23"16'35" S66'47'08"E 64.55'
C5 84.84' 80.00' 46.90' 60'45'40" N 71'11' 45"E 80.92'
LINE TABLE
LINE Bearinq 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' I
L6 N40'48'55"E 61.24' I
L7 N35'OO'07"E 104.67' I
\ /C6 250.64' 2470.37' 125.43' 5'48'48" N37"54'31"E 250.54'
C7 8.29' 320.17' 4.15' 1'29'0'" S3S'44'37"W 8.29'
SKETCH
36, T14S, R12E, W.M. DESCHUTES CO., ORE.
REVISIONSI
2015 TETHEROW ROAD LEGALIZATION
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 (SE1I4 NE1/4) and the Northeast one-quarter of the
Southeast one-quarter (NE1/4 SE1I4) 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 liE 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°24'31liE 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 3r54'31" E250.54 feet to Engineer's Station 43+44.92
PT.; 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 "LS. 804" marking the east one-quarter
corner of said Section 36 bears S89°34'45"E a distance of 347.23 feet
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t:.Xhlblt "Au
Page 3 of 3
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!1W 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.
REGISTErED
PROFESStONAl
'ND SURVEYOR
JULY 26. 1009
MtCHAfL J. BERRY
RENeWAL DATE: 11131/15
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