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1991-16644-Resolution No. 91-058 Recorded 6/13/199191 -16644 REVIEWED BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 0106 1639 A Resolution Declaring the Necessity to Acquire and the Purpose of Acquiring Fee Simple Title to Certain Real Property for a Road Right -of -Way and Directing the Director of Public Works and County Legal Counsel to Proceed with the Acquisition of the Property. RESOLUTION NO. 91 -058 WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, has determined that it is necessary to obtain certain property located in Deschutes County, Oregon, for the purpose of constructing and maintaining a road; and WHEREAS, under the provisions of ORS Chapter 35, it is necessary for the Board of County Commissioners to declare the necessity of acquiring said real property when the necessity exists to carry out the purposes of said public improvement; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the Board of County Commissioners of Deschutes County, Oregon deems it necessary, expedient and in the public interest for the purposes of constructing and maintaining a roadway, that Deschutes County, a political subdivision of the State of Oregon, acquire fee simple title to the real property described as: A tract of land located in the SW 1/4 of Section 28, Township 21 South, Range 10 East, W.M., Deschutes County, Oregon, more particularly described as follows: Beginning at the West 1/4 Corner of said Section 28; thence, along the South line of Tall Pines Fifth Addition subdivision as shown on Deschutes County Plat No. 339, dated September 1977, South 89 degrees 18 minutes 43 seconds East 60.00 feet; thence, leaving said South line, 153.86 feet along the arc of a 280.00 foot radius non - tangent curve to the right, the chord of which bears South 15 degrees 53 minutes 24 seconds West 151.93 feet; thence South 31 degrees 37 minutes 56 seconds West 10.17 feet to a point on the East line of Forest View subdivision as shown on Deschutes County Plat No. 11, dated June 1971; thence, along said East line, North 04 degrees 48 minutes 12 seconds West 156.05 feet to the Point of Beginning. Contains 0.13 acres (5,937.5 q. Ft.) 1 - RESOLUTION NO. 91 -058 (6/12/91) 0106 1640 Section 2. That the Director of Public Works is hereby authorized and directed, on behalf of the County, to contact the affected property owners and attempt to agree with the owners as to the compensation to be paid for the real property sought to be acquired. Section 3. That in the event no satisfactory agreement can be reached, Deschutes County Legal Counsel is hereby authorized and directed to institute a proceeding in eminent domain for the acquisition of land here and above described, and to seek immediate possession of said land. DATED this / day of June, 1991. AT Recording Secretary BOARD OF UNTY COMMISSIONERS OF DESC ES COUNTY, OREGON /A/ TO THROOP // Commis - io .ilk .L 2 - RESOLUTION NO. 91 -058 (6/12/91)