1996-41940-Resolution No. 96-142 Recorded 11/12/1996REVIEWED
9C-419,10 0156-0269 <r
LE ; CGUN SEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
t 5
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 Deschutes County Solid Waste
Disposal Facilities and Directing
the Acquisition of the Property.
RESOLUTION NO. 96-142
WHEREAS, under and by virtue of the laws of the State of Oregon,
Deschutes County is duly authorized and empowered to locate, acquire,
construct, reconstruct, alter, enlarge, renew, replace, operate and
maintain such solid waste disposal systems and facilities as in the
judgment of the Deschutes County Board of County Commissioners are
necessary and proper for Deschutes County; and
WHEREAS, under and by virtue of the laws of the State of Oregon,
Deschutes County 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
County as in the judgment of the Deschutes County Board of County
Commissioners are necessary or proper to exercise its powers; and
WHEREAS, for the purpose of providing solid waste disposal system
and facilities to serve Deschutes County and for the health, safety,
benefit and general welfare of the public, Deschutes County plans to
locate, construct, operate, maintain and repair a solid waste disposal
system and facilities in Deschutes County; and
WHEREAS, Deschutes County initiated a long-term public process to
determine the best choice for future solid waste disposal. The process
resulted in the decision to pursue a course of action which would
result in the disposal of solid waste in a sanitary landfill located
within Deschutes County on land owned by Deschutes County; and
WHEREAS, two sites were identified in the process as the most
appropriate sites for the future siting of a Deschutes County solid
waste disposal facility. The evaluation of the two sites is set forth
in that document entitled Deschutes County Final Landfill Site
Evaluation, dated August 7, 1996; and
ZtRELD
PAGE 1 - RESOLUTION NO. 96-142 (11-6-96)
996 �Tse
0156-0270
WHEREAS, the Board finds that the site selected herein for
acquisition
is the best site for the following reasons:
1.
The estimated per ton unit cost for disposal is the
lowest cost.
2.
The life of the site is estimated to be 17 years
longer.
3.
On-site soils are estimated to be balanced with
development, operations and closure.
4.
Estimated haul costs to the site are lower.
5.
There is no risk of significant relocation costs.
6.
All critical federal and state criteria can be met,
now, therefore;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board of County Commissioners of Deschutes County,
Oregon, does hereby find and declare that there is needed and required
for the location, construction, operation, maintenance, repair and
improvement of the solid waste disposal system and facilities 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 solid waste disposal system and
facilities 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 solid waste disposal system and facilities have been planned,
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 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 Deschutes County 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 Deschutes County, be, and hereby are,
PAGE 2 - RESOLUTION NO. 96-142 (11-6-96)
0156-02'71
authorized to make such stipulation, agreement, or admission as in
their judgment may be for the best interest of Deschutes County.
DATED this 6th day of November, 1996.
ATTEST:
0-A.",
Recording Secretary
RD OF COUNTY COMMISSIONERS
DESCHUTE5--COUNTY), OREGON
VkUM. i
74
BARRY LAUGHTER, Commissioner
ROH RT L. NIPPER, Conufiigsioner
PAGE 3 - RESOLUTION NO. 96-142 (11-6-96)
01-56-02712
Tax Lot ID #191400-00-00500
Legal Description:
The West Half of the Southwest Quarter (W'/z SWYA) and the Northeast Quarter of the
Southwest Quarter (NE'/a SW'd) of Section Four (4), Township Nineteen (19) South, Range
Fourteen (14) East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING THEREFROM that portionowned ee 49, Page ate f Oregon
ed Records. escribed in
instrument recorded November 25, 1930 Vo
ALSO EXCEPTING THEREFROM the Old Bend -Burns Highway.
Tax I.ot ID #191400-00-00600
Legal Description:
Four
A parcel of land lying in the Southwest OuF,ast of heer 4WiHam tteSection
Meridian>, Township
Deschutes
Nineteen (19) South, Range Fourteen (] )
County, Oregon, and being a portion of that tract
o l 11th er-Williams Company, as conveyed by that la
deed from the Sheriff of Deschutes County, Oregon, toWch alther-Williams
corporation recorded in Book 32, Page 323, Deed Records, and being more particularly
described as follows:
Beginning at a point on the South right of way line of the Central Oregon Highway, which
point is opposite and 40 feet distant from station 786+00 of the centerline survey of the
Central Oregon Highway, said point being also approximately
4• i thence South 32° 13' W stt and 8, a distance ofeet f
of the Quarter corner on the West line of Sectson
500 feet; thence South 57°47' East, a distance of 17 . said fet; thence No nhcc3North 57°47'
distance of 500 feet to the Southerly right y l
West along tie Southerly right of way line of the said highway, a distance of 1742.4 feet to the
place of beginning.
EXHIBIT 1 PAGE 1
Tax Lot ID #191400-00-00700
Legal Description:
The Southwest Quarter of the Southeast Quarter (SWV4 SEl/4) of Section Four (4), Township
Nin.cteen (19) South, Mange Fourteen (14) East of the Willamette Meridian, Deschutes
County, Oregon, lying South of the Highway.
The Southeast Quarter of the Southwest Quarter (SEY4 SWV4) of Section Four (4), Township
Nineteen (19) South, Range Fourteen (14) East of the Willamette Meridian, Deschutes
County, Oregon.
EXCEPTING THEREFROM that portion owned by the State Highway Commission, as
described in instrument recorded November 25, 1930 in Voluble 49, Page 319, Deed Records.
The North Half of the North Half (NI/2 Nye) of Section Nine (9), Township Nineteen (19)
South, Range Fourteen (14) East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING THEREFROM any portion lying within roads, streets or highways.
(), ( NIMON\WPFILHSI'ROPh4AWF,OPIPROPI8o6.LGL
EXHIBIT 1 PAGE 2
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EXHIBIT 2
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0156-0274
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