1996-01204-Resolution No. 96-006 Recorded 1/11/1996j REVIEWED
9f - 0 12. 04 L%COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY; OREGON
ACTING AS THE GOVERNING BODY OF THE
BEND LIBRARY COUNTY SERVICE DISTRICT 0149-0406
A Resolution Declaring the Necessity to Acquire
and the Purpose of Acquiring Fee Simple Title *.
to Certain Real Property for the Purpose of
Constructing and Maintaining Bend Library County
c::r
Service District Facilities and Directing the * "(J)
Acquisition of the Property. *+
RESOLUTION NO. 96-006
WHEREAS, under and by virtue of the laws of the State ..on,
the Bend Library County Service District is duly authoril 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. 96-006 (1-10-96) ta_. t
�� JAN 1 �9
01. 49-040
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.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF PHE BEND LIBRARY
COU Y SERV DISTR CT
9 i , / / /) /)
EN, Chair
h V
AT ST: BARRY LAUGHTER, Commissioner
ecording Sec etary ROBgRT L. NIPPER, Co issioner
PAGE 2 - RESOLUTION NO. 96-006 (1-10-96)
EXHIBIT 1 0149-0408
The Southerly one-half (Sh) of Lot numbered Three (3): said lot being
divided by a line parallel and equidistant from the side lines of said
lot; all of Lot numbered Four (4), and the Northerly one-half (Nh), of
Lot numbered Five (5) being divided by a line parallel and equidistant
from the side lines of said lot; all in Block numbered Twenty -Two (22)
of Park Addition to Bend, Oregon, according to the official plat
thereof on file in the office of the County Clerk of said County of
Deschutes, State of Oregon, described in that certain warranty deed
recorded in Volume 222, Page 314, Deed Records of Deschutes County,
Oregon, on August 29, 1975.
Assessor Number 171232 -CA -04200
PAGE 1 - Exhibit 1 to Resolution No. 96-006 (1-10-96)
0149-0409
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