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1996-40716-Resolution No. 96-138 Recorded 10/31/1996REVIEWED 96-40"716 BEFORE THE BOARD OF COUNTYGOMMISSIONERS OF DESCHUTES COUNTY, OREGON ACTING AS THE GOVERNING BODY OF THE y, SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 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 Sunriver Library County Service District Facilities and Directing the Acquisition of the Property. 0156-0000 RESOLUTION NO. 96-138 WHEREAS, under and by virtue of the laws of the State of Oregon, the Sunriver 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 Sunriver 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 Sunriver Library County Service District plans to locate, construct, operate, maintain and repair a library facility in the Sunriver Library County Service District; now, therefore, PAGE 1 OF 3 - RESOLUTION NO. 96-138 (10/30/96) r1;C'<0F"UAED 0156-0004 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT, as follows: Section 1. The Sunriver 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 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 Sunriver 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 Sunriver 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 Sunriver 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 Sunriver Library County Service District. PAGE 2 OF 3 - RESOLUTION NO. 96-138 (10/30/96) 0156-0005 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 30th day of October, 1996. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT POPEAA SC NGE�N., Chair tq Vv,-- //l � A T: BAR LAUG`H�TER, Co iss Recording Secretary R RT L. NIPPER, CommAs of PAGE 3 OF 3 - RESOLUTION NO. 96-138 (10/30/96) EXHIBIT 1 Gi Lot Two (2) in Block One (1) of BUSINESS PARK I, Deschutes County, Oregon. Assessor Number 201105 -DO -01100 PAGE 1 OF 1 - EXHIBIT "1" TO RESOLUTION NO. 96-138 (10/30/96) /1 11a z Jew **s EXHIBIT 2 a: 0<-!& Colt LLJ Z tH-Z661'ON V_ld N011f.L6Vd% _NO_L9N17y17f .. 1 CL Iwo CC Ln LL) — CC) n: LJ WCL uj < cr) a. 2 to 17 I LLI W CL J 0, 0 00 1 lks 7, 14 ,4 -0Af j It 0z NOQ/"4&trd 1lfft - 006, 008tpll 31vt)S PAGE 1 OF 1 — EXHIBIT 2 -,-TO RESOLUTION NO. 96-138 (10/30/96) 2