1994-22824-Resolution No. 94-054 Recorded 5/19/1994sal -2282#
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
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.
REVIEWED
DES CHUTE S CO N ,
0135-1737
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CO
RESOLUTION NO. 94-054
WHEREAS, the Board of County Commissioners of Deschutes County,
Oregon, has determined that it is necessary to obtain certain real
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 exits to protect the
full use and enjoyment by the public of the road; 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, declares it necessary and expedient and in the public
interest that for the purposes of constructing and maintaining a road
that Deschutes County, a political subdivision of the State of Oregon,
acquire fee simple title to the real property described in Exhibit A
attached hereto and by this reference incorporated herein. The
appropriation of the real property is reasonably necessary to protect
the full use and enjoyment by the public of the road.
Section 2. That Deschutes County, Oregon, has not been able to
agree with the owners of the said real property as to the compensation
to be paid therefor; and the Director of Public Works is authorized to
further negotiate in an 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, the Deschutes County Legal Counsel is hereby authorized to
1r',:C:!0E— 1 cE L7
RESOLUTIONS NO. 94-054 (5-18-94)
JUN -4
U 199
0135-1'38
institute a proceeding in eminent domain for the acquisition of the
land hereinabove described, and to seek immediate possession of said
land.
DATED this day of , 1994.
BOAR OF COUNTY COMMISSIONERS
-OFD SCHUTES COUNTY, ORE¢ON
NANCY Pte, �CHLAIPEN, ° Chair
TOMOrHROOP,'Commissioner
ATTEST:
LID
Recording Secr tary BARRY H. SLAUGHTER, Commissioner
RESOLUTIONS NO. 94-054 (5-18-94)
0135-1'739
EXHIBIT "A"
A parcel of land located in the SW 1/4 of Section 8, Township 18 S., Range 12
E., W.M., Deschutes County, Oregon, said parcel being a portion of the Southwest Part of
Lot 34, Plat of Blakley Heights, and being more particularly described as follows:
Beginning at the Southwest corner of Lot 34, Blakley Heights as shown on the official
plat of Blakley Heights recorded and filed in Cabinet A, Page 225 of the plat records in
the office of the County Clerk, Deschutes County, Oregon, the Point of Beginning;
thence, along the South property line of said Lot 34, S 8805702" E 38.10 feet to the
angle point in said South line as shown on "Boundary Survey for Fran Franklin" (filed as
"CS 11541" in the Deschutes County Surveyors Office); thence, leaving said South line,
along the Southeasterly property line per said CS 11541 survey N 75°59'56" E, 24.88 feet
to the Westerly Right of Way line of the Dalles California Highway; thence, leaving said
Southeasterly line, along said Right of Way line, N 17°19'39" E 44.88 feet; thence,
leaving said Right of Way line, 61.76 feet along the arc of a 48.00 radius non -tangent
curve to the right, the long chord of which bears S 54'1 1' 19"W 57.59 feet; thence N
8805702" W 28.63 feet to the West property line of said Lot 34; thence, along said West
property line S 01'02'58"W 15.00 feet to the Point of Beginning. Containing 1110
square feet more or less (0.03 acres).
BADGERRW.MAP
MJB 4/29/94
EXHIBrr A,Badger Road
R/W from TL 18-12-8C 1800
TAX LOT
18-12-8C 1700
N 88'56'23" W
143.82'
TAX LOT
18-12—SC 1510
a
a
LOT 33
0
o
BLAKELY HEIGHTS
Of
3
w
N
n
z
N
n
N
TAX LOT
18-12-8C 1800
SW PART OF
I.
LOT 34
w
w BLAKELY HEIGHTS
to
to
0
0
0
E
z
z
N 01'02'58" E
15.00'
SW CORNER LOT 24
PER 1921 PLAT OF
BLAKLEY HEIGHTS
A = 73'43'19"
R = 48.00'
T = 35.99'
L = 61.76'
LONG CHORD=
N 5411'19' E
57.59' \
S 88'57'02" E
28.63'
0135-1'740
20.00• S 851.1.8 E LA,'8 5�" W \ WAM AWA -16 I $O .
r S 'S 59 1�+�+
BADGER ROAD
30.00'
BADGER ROAD
R W ACQUISITION FROM KELLER, MEISNER & FRANKLIN
DESCHUTES COUNTY SCALE, 1"=50' DRAWN BY, M.J.B. SHEET
DEPARTMENT OF PUBLIC WORKS FILET DAVEH.DWG 1 OF 1
61150 S.E. 27TH STREET, BEND, OR. 97702 IDATE14/29/94 VIEW, BADGER