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1993-29625-Resolution No. 93-077 Recorded 7/29/199393-2960"0-5 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring the Necessity to Acquire and the Purpose of r. Acquiring Fee Simple Title to * MUNITY CLERK Certain Real Property for a Road Right -of -Way and Directing the * 012—,139 Director of Public Works and County Legal Counsel to Proceed with the Acquisition of the Property. RESOLUTION NO. 93-077 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: Parcel I A parcel of land situated in the NWa NWa of Section 18 of Township 18 S., Range 12 E., W.M., Deschutes County, Oregon also being a portion of Tract 18 of Waywest Properties, said parcel of land being more particularly described as follows: BEGINNING at the southwest corner of said Tract 18; thence N 1011155" E 40.00 feet along the west line of said Tract 18; thence S 89044105" E 279.02 feet to a point on the right of way line of Cypress Street; thence 46.36 feet along the arc of a 50.00 foot radius curve to the left, the long chord of which bears S 26049'49" W 44.72 feet; thence N 89°44'05" W 259.67 feet to the POINT OF BEGINNING. Contains 10,613 square feet (0.24 acre) more or less. �CEY HSG :.'AED r �� 61993 1 - RESOLUTION NO. 93-077 (7/28/93) k, } ; Parcel II 0127-1140 -1140 A parcel of land located in the NW 4 of the NW 4 of Section 18, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon, also being a portion of Tract 18 of Waywest Properties more particularly described as follows: Commencing at the southwest corner of said Tract 18; thence S 89044105" E 612.41 feet along the South line of said Tract 18 to a point on the East line of 18-12-18BB Tax Lot 400; thence, leaving said South line, N O1103,44" E 30.00 feet along said East line to the True Point of Beginning, being a point on the North line of Cypress Street; thence along said North right-of-way line N 89044105" W 263.20 feet; thence 14.19 feet along the arc of a 50.00 foot radius non -tangent curve to the left, the long chord of which bears N 44044105" W 14.14 feet; thence leaving said right- of-way line S 89044105" E 273.34 feet to a point on said East line of Tax Lot 400; thence, along said East line S O1003144" W 10.00 feet to the True Point of Beginning. 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 hereinabove described, and to seek immediate possession of said land. DATED this 28th day of July, 1993. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON POPX 'SC ssaoner BARRY H. SLAUGHTE , Commissioner 2 - RESOLUTION NO. 93-077 (7/28/93)