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1994-44369-Resolution No. 94-107 Recorded 10/27/199494-44369 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring the Intention to Transfer Property to the Oregon Department of Transportation to be Used Exclusively for Public Purposes, Setting a Hearing for the Purpose of Hearing Objections to the Transfer and Providing Notice. RESOLUTION NO. 94-107 013'7-1165 %A, WHEREAS, ORS 271.330 provides that Deschutes County may transfer surplus property to another governmental body by proper resolution and hearing; and WHEREAS, the Oregon Department of Transportation has requested that the County transfer to it the County's interest in certain surplus property without consideration; and WHEREAS, the Board of County Commissioners finds that the Oregon Department of Transportation is a department of the State of Oregon, and will use said property for public purposes; and WHEREAS, ORS 271.330 provides that said transfer shall only be made upon notice and after hearing; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That Deschutes County intends to transfer the following property interest herein described as in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. That a hearing for the purpose of receiving objections to the above transfer will be held at 10:00 a.m. on Wednesday, November 23, 1994, at the Deschutes County Juvenile Justice Building, 1128 N.W. Harriman, Bend, Oregon. KEY NCHED NO 41994 PAGE 1 OF 2 - RESOLUTION NO. 94-107 (10/26/94) 41,1ccoFp MFD 679,9.4 013'7-1166 Section 3. That the Clerk of the County Court shall give notice of the time and place for the hearing set in Section 2 of this resolution by publication of the notice marked Exhibit "B," attached hereto and by this reference incorporated herein, in "The Bulletin" once each week for two consecutive weeks prior to the date of such hearing. DATED this 26th day of October, 1994. BOARD OF COUNTY COMMISSIONERS OF/))ESCHUNS COUNTY, OREGON NAN AT T: TO THRO o a Recording Secretary BARRY . SLAUG PAGE 2 OF 2 - RESOLUTION NO. 94-107 (10/26/94) ?R, Commissioner 0137-1167 EXHIBIT A PROPERTY OWNED BY DESCHUTES COUNTY NEEDED BY STATE FOR BEND PARKWAY PROJECT FILE NO. NOTES MAP TAX ACQUISITION LOT R6118-061 17-12-29A 501 partial "BEND" sign R6142-541 17-12-32AA 4100 entire Norton Ave R6142-542 17-12-32A 5400 entire Norton Ave 5500 R6142-558 17-12-21B 1500/ entire Empire Ave 1206 partial R6142-594 17-12-29DD 199 entire near News Review R6118-109 18-12-5DD 1701 entire Cleveland St R6118-111 17-12-32DD 3100 entire Scott St. PAGE 1 OF 12 - EXHIBIT "A" EXHIBIT A Survey Approval Project Section: Bend Parkway, Phase 2 Highway: The Dalles-California Non -throughway Fee 013'7-1168 File R6118061 Deschutes County AFD 9-20-93 1A-22-17 A parcel of land lying in the NEJNEJ of Section 29, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; the said parcel being that portion of said NE}NEJ lying Northerly of the Central Oregon Irrigation District's North Canal; Southerly and Westerly of that property described in that deed to the State of Oregon, by and through its State Highway Commission, recorded October 5, 1961 in Book 129, Page 22 of Deschutes County Record of Deeds and Easterly of the following described line: Beginning at a point opposite and 345 feet Northwesterly of Engineer's Station 197+00 on the center line of the relocated The Dalles-California Highway; thence Southeasterly in a straight line to a point opposite and 245 feet Northwesterly of Engineer's Station 198+35 on said center line; thence Southwesterly in a straight line to a point opposite and 220 feet Northwesterly of Engineer's Station 200+25 on said center line which center line is described as follows: Beginning at Engineer's center line Station 168+00, said station being 1617.68 feet North and 739.97 feet East of the Southwest corner of Section Z1, Township 17 South, Range 12 East, W.M.; thence South 2° 27' 14" West 1028.,13 feet; thence on a spiral curve right (the long chord of which bears South 5° 42 11 West 599.23 feet) 600 feet; thence on a 1762.95 foot radius curve right (the long chord of which bears South 15° 49' 45" West 222.95 feet) 223.09 feet; thence on a spiral curve right (the long chord of which bears South 250 57' 19" West 599.23 feet) 600 feet; thence South 29° 12' 16" West 372.17 feet; thence on a spiral curve left (the long chord of which bears South 250 02' 22" West 498.94 feet) 500 feet; thence on a 1145.92 foot radius curve left (the long chord of which bears South 13° 52' 21.5" West 113.23 feet) 113.27 feet; thence on a spiral curve left (the long chord of which bears South 2° 42' 21" West 498.94 feet) 500 feet; thence South 1° 27' 33" East 63.34 feet to Engineer's center line Station 208+00. Bearings are based upon the Oregon Co-ordinate System of 1983, south zone. (Continued on Page 2) PAGE 2 OF 12 - EXHIBIT "A" EXHIBIT A CONTINUED - Page 2 013'7-1169 File R6118061 The parcel of land to which this description applies contains 3,270 square feet, more or less outside the existing right of way. afd 9-20-93 NOTE: Access Completely Restricted to Parcel. Outside Area: 12,390 square feet, more or less, right. Prior File: R33191 PAGE 3 OF 12 - EXHIBIT "A" EXHIBIT A Survey Approval Project Section: Bend Parkway, Phase 1 Highway: The Dalles-California Non -Throughway Fee 0137-1170 File R6142541 Deschutes County RDS 12-29-92 1A-22-18 A parcel of land lying in Tract 21, LYTLE ACRES, Deschutes County, Oregon and being that portion of said Tract 21 lying Westerly of the Oregon Trunk Railway right of way. EXCEPT therefrom that property designated as Parcel 2 and described in that Dedication Deed to the Public, recorded March 17, 1978 in Book 269, Page 653 of Deschutes County Record of Deeds. The parcel of land to which this description applies contains 14,850 square feet, more or less. rlr 01-05-93 NOTE: Entire Taking. PAGE 4 OF 12 - EXHIBIT "A" EXHIBIT A Survey Approval Project Section: Bend Parkway, Phase 1 Highway: The Dalles-California Non -Throughway Fee 0137-1171 File R6142542 Deschutes County RDS 12-29-92 1A-22-18 A parcel of land lying in Tract 28, LYTLE ACRES, Deschutes County, Oregon and being that portion of said Tract 28 lying Westerly of the main line of the Oregon Trunk Railway. EXCEPT therefrom that portion of said Tract 28 lying within the Oregon Trunk Railway right of way. ALSO EXCEPT therefrom that property designated as Parcel 1 and described in that Dedication Deed to the Public, recorded March 17, 1978 in Book 269, Page 653 of Deschutes County Record of Deeds. The parcel of land to which this description applies contains 7,030 square feet, more or less. rlr 01-05-93 NOTE: Entire Taking. PAGE 5 OF 12 - EXHIBIT "A" EXHIBIT A 0137-1172 2 File R6142558 Deschutes County AFD 08-02-93 1A-22-17 Parcels 1, 2, 3, 4 and 5 Survey Approval Project Section: Bend Parkway, Phase 1 Highway: The Dalles-California Non -throughway PARCEL 1 - Fee A parcel of land lying in the NW} of Section 21, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property described in that deed to Deschutes County, recorded in Volume 83, Page 473, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Westerly side of the center line of the relocated The Dalles-California Highway which center line is described as follows: Beginning at Engineer's center line Station 143+00, said station being 1471 feet North and 749.09 feet East of the West one quarter corner of Section 21, Township 17 South, Range 12 East, W.M.; thence South 30 21' 15" West 406.34 feet; thence on a 6366.20 foot radius curve left (the long chord of which bears South 0° 01' 43.5" West 738.57 feet) 738.98 feet; thence South 3° 17 48 East 0.34 foot; thence on a 6366.20 foot radius curve right (the long chord of which bears South 0° 25' 17" East 638.67 feet) 638.94 feet; thence South 2° 27' 14" West 1615.40 feet to Engineer's center line Station 177+00. N The widths in feet of the strip of land above referred to are as follows: Station to Station 144+75 145+20 145+20 148+40 Width of Westerly Side of Center Line 300 300 in a straight line to 200 EXCEPT therefrom that property designated as Tract One and described in Deschutes County Order No. 86-084 by the Board of Commissioners of Deschutes County, Oregon, establishing a road right of way, dated December 3, 1986. Bearings are based upon the Oregon Co-ordinate System of 1983, south zone. (Continued on Page 2) PAGE 6 OF 12 - EXHIBIT "A" EXHIBIT A CONTINUED - Page 2 0137-1173 File R6142558 The parcel of land to which this description applies contains 25,900 square feet, more or less. PARCEL 2 - Fee A parcel of land lying in the NWj of Section 21, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon and being that property described in that deed to Bend Industrial Development Corporation, recorded June 11, 1982 in Book 358, Page 760, Deschutes County Record of Deeds. EXCEPT therefrom that property designated as Tract One and described in Deschutes County Order No. 86-084 by the Board of Commissioners of Deschutes County, Oregon, establishing a road right of way, dated December 3, 1986. ALSO EXCEPT therefrom that property described in that deed to Arthur A. Pozzi, recorded June 11, 1982 in Book 358, Page 208 of Deschutes County Record of Deeds. The parcel of land to which this description applies contains 7,480 square feet, more or less. PARCEL 3 - Fee A parcel of land lying in the NWj of Section 21, Township 17 South,;: Range 12 East, W.M., Deschutes County, Oregon and being that property designated as Tract One and described in Deschutes County Order No. 86-084 by the Board of Commissioners of Deschutes County, Oregon, establishing a road right of way, dated December 3, 1986. The parcel of land to which this description applies contains 73,100 square feet, more or less. PARCEL 4 - Permanent Easement For Slopes A parcel of land lying in the NWj of Section 21, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property described in that deed to Deschutes County, recorded in Volume 83, (Continued on Page 3) PAGE 7 OF 12 - EXHIBIT "A" EXHIBIT A CONTINUED - Page 3 File R6142558 Page 473, Deschutes County Records; the said parcel being that portion of said property lying Westerly of the strip of land set forth in Parcell and included in a strip of land variable in width, lying on the Southerly side of the center line of relocated Empire Avenue (formerly Industrial Park Blvd.) which center line is described as follows: Beginning at Engineer's center line Station "EMP" 10+00, said station being 1208.14 feet South and 186.36 feet West of the Northwest corner of Section 21, Township 17 South, Range 12 East, W.M.; thence South 75° 21' 38" East 428.79 feet; thence on a 1145.92 foot radius curve left (the long chord of which bears South 78° 35' 01.5" East 128.86 feet) 128.93 feet; thence South 81° 48' 25" East 1048.22 feet; thence on a 2864.79 foot radius curve right (the long chord of which bears South 790 32' 41" East 226.16 feet) 226.22 feet; thence South 770 16' 57" East 17.84 feet to Engineer's center line Station "EMP" 28+50. The widths in feet of the strip of land above referred to are as follows: Station to Station "EMP" 14+28.79 "EMP" 15+00 "EMP" 15+00 "EMP" 15+57.72 "EMP" 15+57.72 "EMP" 16+40 zone. EXCEPT therefrom Parcel 3. Width on Southerly Side of Center Line 40 in a straight line to 85 85 in a straight line to 60 60 _ Bearings are based upon the Oregon Co-ordinate System of 1983, south The parcel of land to which this description applies contains 3,800 square feet, more or less. PARCEL 5 - Permanent Easement For Irrigation Canal Facilities (To be transferred to Swalley Canal Irrigation District) A parcel of land lying in the NW; of Section 21, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property described in that deed to Bend Industrial Development Corporation, (Continued on Page 4) PAGE 8 OF 12 - EXHIBIT "A" 0137-1175 EXHIBIT A CONTINUED - Page 4 File R6142558 recorded June 11, 1982 in Book 358, Page 760, Deschutes County Record of Deeds; the said parcel being that portion of said property lying Northeasterly of that property described in that deed to Arthur A. Pozzi, recorded June 11, 1982 in Book 358, Page 208 of Deschutes County Record of Deeds and included in a strip of land variable in width, lying on each side of the center line of the relocated Swalley Canal which center line is described as follows: Beginning at Engineer's center line Station "SDC" 0+00, said station being 1144.70 feet South and 1011.21 feet East of the Northwest corner of Section 21, Township 17 South, Range 12 East, W.M.; thence South 17° 19' 24" West 463.28 feet; thence South 3° 40' 53" West 136.72 feet to Engineer's center line Station "SDC" 6+00. The widths in feet of the strip of land above referred to are as follows: Station to Station Width on Westerly Width on the Easterly Side of Center Line Side of Center Line "SDC" 1+50 "SDC" 2+15 20 15 "SDC" 2+15 "SDC" 6+00 15 15 ALSO that portion of said property lying Northerly of a line at right angles to the center line of the relocated Swalley Canal at Engineer's Station "SDC" 2+15 and Easterly of said strip of land. Bearings are based upon the Oregon Co-ordinate System of 1983, south zone. The parcel of land to which this description applies contains 7,500 square feet, more or less. afd 08-02-93 NOTE: Parcel 1 Access Completely Restricted to Parcel and Access Controlled to Empire Avenue Easterly of Sherman Road. 1,960 square feet of Parcel 5 lies within Parcel 2. 5,540 square feet of Parcel 5 lies within Parcel 3 Outside Area: 15,750 square feet, more or less, right. PAGE 9 OF 12 - EXHIBIT "A" EXHIBIT A Survey Approval Project Section: Bend Parkway, Phase 1 Highway: The Dalles-California Non -throughway Fee 0137-'1176 File R6142594 Deschutes County AFD 7-14-93 1A-22-18 A parcel of land lying in Lot 1, Block 16, TOWN OF LYTLE, CROOK COUNTY, OREGON, now in Deschutes County, Oregon; the said parcel being that portion of said lot lying Southeasterly of the Southeasterly line of N. W. Deschutes Place. The parcel of land to which this description applies contains 510 square feet, more or less. afd 7-14-93 NOTE: Entire Taking. PAGE 10 OF 12 - EXHIBIT "A" EXHIBIT A Survey Approval Project Section: Bend Parkway, Phase 2 Highway: The Dalles-California Non -Throughway Fee 0137-1177 File R6118109 Deschutes County AFD 3-09794 Sketch Map A parcel of land lying in the SE}SE} of Section 5, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon and being that property described in that deed to Deschutes County, Oregon, recorded February 28, 1980 in Book 317, Page 447 of Deschutes County Record of Deeds. The parcel of land to which this description applies contains 10,395 square feet, more or less. afd 3-09-94 NOTE: Entire Taking. PAGE 11 OF 12 - EXHIBIT "A" EXHIBIT A Survey Approval Project Section: Bend Parkway, Phase 2 Highway: The Dalles-California Non -Throughway Fee 0137-1178 File R6118111 Deschutes County AFD 4-19-94 1A=22-18 Lot 1, Block 5, HASTINGS ADDITION TO BEND, Deschutes County, Oregon containing 5,450 square feet, more or less. afd 4-19-94 NOTE: Entire taking. PAGE 120F 12 - EXHIBIT "A" 0137-1179 EXHIBIT "B" PUBLIC NOTICE On Wednesday, November 23, 1994, at 10:00 a.m., in Hearings Room "A" of the Juvenile Justice Building, 1128 N.W. Harriman, Bend, Oregon, the Board of County Commis- sioners of Deschutes County, Oregon, will hold a hearing on a property transfer between Deschutes County and the Oregon Department of Transportation, another governmental body of the State of Oregon. The property to be transferred by Deschutes County to the Oregon Department of Transportation is described in Exhibit "A," attached hereto and by this reference incorporated herein. The parties intend that various County owned parcels within the right of way of the Bend Parkway Project be transferred to the State of Oregon. Any person may appear and make objections to the proposed transfer. DATED this 26th day of October, 1994. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NANCY POPE SCHLANGEN, Chair To be Published in "The Bulletin": November 2 and 9, 1994 To be Posted: November 2, 1994 PAGE 1 OF 1 - EXHIBIT "B" TO RESOLUTION 94-107 (10/26/94)