1996-01202-Resolution No. 96-005 Recorded 1/11/199696-01:02
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
ACTING AS THE GOVERNING BODY OF THE
BEND LIBRARY COUNTY SERVICE DISTRICT
REVIEWED
LEG COUNSEL
COUNTY, OREGOV
0149-039S
A Resolution Declaring the Necessity to Acquire * y*Y
and the Purpose of Acquiring Fee Simple Title to
Certain Real Property for the Purpose of Con-
structing and Maintaining Bend Library CountyW-
Service District Facilities and Directing the * -�-
Acquisition of the Property. * `-
RESOLUTION NO. 96-005
WHEREAS, under and by virtue of the laws of the State of Oregon,
the Bend Library County Service District is duly authorized and
empowered to locate, acquire, construct, reconstruct, alter, enlarge,
renew, replace, operate and maintain such library facilities as in the
judgment of the Deschutes County Board of County Commissioners acting
as the District Board are necessary and proper for the area of the
District; and
WHEREAS, under and by virtue of the laws of the State of Oregon,
the Bend Library County Service District may acquire by purchase, gift,
devise, condemnation proceedings, or otherwise, such real and personal
property, interests therein, and rights of way, either within or
without the limits of the District as in the judgment of the Deschutes
County Board of County Commissioners acting as the District Board are
necessary or proper to exercise its powers; and
WHEREAS, for the purpose of providing a library facility to serve
the District and for the health, safety, benefit and general welfare of
the public, the Bend Library County Service District plans to locate,
construct, operate, maintain and repair a library facility in the Bend
Library County Service District; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES
COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY
SERVICE DISTRICT, as follows:
Section 1. The Bend Library County Service District does hereby
find and declare that there is needed and required for the location,
construction,. operation, maintenance, repair and improvement of the
library system and facility the real property and interests therein,
more particularly set forth and described in Exhibit 1 and depicted on
the map marked Exhibit 2, both of which are attached hereto and by
reference incorporated herein.
Section 2. The location, construction, operation, maintenance,
repair and improvement of the library system and facility for which the
real property and interests therein described in Exhibit 1 attached
hereto and by reference incorporated herein is required and is being
taken as necessary in the public interest and that the library system
PAGE 1 - RESOLUTION NO. 96-005 (1-10-96)
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9149-9399
and facility has been planned, designed, located, and will be
constructed in a manner that will be most compatible with the greatest
public benefit and the least private injury or damage.
Section 3. The Bend Library County Service District acting
through its governing body, the Board of County Commissioners of
Deschutes County, Oregon, and its attorneys be and they are hereby
authorized to attempt to agree with the owners and other persons in
interest in the real property and interest therein described in Exhibit
1 as to the compensation to be paid for the appropriation of the
property, and, in the event that no satisfactory agreement can be
reached, then the attorneys for the Bend Library County Service
District be and the same hereby are directed and authorized to commence
and prosecute to final determination such proceedings as may be
necessary to acquire the real property and interest therein and that
upon the filing of such proceeding, possession of the real property and
interest therein may be taken immediately.
Section 4. Upon the trial of any suit or action instituted to
acquire the real property or any interests therein, the attorneys
acting for and on behalf of the Bend Library County Service District
be, and hereby are, authorized to make such stipulation, agreement, or
admission as in their judgment may be for the best interest of the Bend
Library County Service District.
Section 5. In order to protect the health, safety and welfare of
the public, an emergency exists and it is necessary that no undue delay
be encountered in obtaining access to and possession of the real
property and interests therein described in Exhibit 1 in order to
establish and implement the sanitary system and facility and therefore,
this resolution shall be in force and effect from and after its passage
by the Deschutes County Board of County Commissioners acting as the
District Board.
DATED this 10th day of January, 1996.
ATTEST:
Recording Sec re ary
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF THE BEND LIBRARY
COLMTY SERV, -ICE DISTRICT
CY E� S HLANGEN, Chairf `�
BARRY LAUGHTER, Commissioner
RO RT L. NIPPER, Co issioner
PAGE 2 - RESOLUTION NO. 96-005 (1-10-96)
O
EXHIBIT 1 0149-0400
Lot Five (5), Block Six (6), Plat of Bend, Deschutes County, Oregon,
described in that certain bargain and sale deed recorded in Volume 247,
Page 490, Book of Records of Deschutes County, Oregon, on October 10,
1991.
Assessor Number 171232 -CA -04900
PAGE 1 - Exhibit 1 to Resolution No. 96-005 (1-10-96)
V - - - 0149-0401
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The hatched area reflects the real property described I
II
in Exhibit "I."
EXHIBIT "2"