1997-08077-Resolution No. 97-027 Recorded 3/6/19979: -050'7'7
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
97 KA -6 pry 3: -qn
A Resolution Declaring the Necessity to Acquire
and the Purpose of Acquiring Fee Simple Title
to Certain Real Property for the Purpose of
Developing, Operating and Maintaining Access
to and between Public Facilities and Directing
the Acquisition of the Property.
RESOLUTION NO. 97-027
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, has
determined that it is necessary to obtain certain real property located in Deschutes County,
Oregon, for the purpose of developing, operating and maintaining access to and between
public facilities, including offices, warehouses and parking; and
WHEREAS, under the provisions of ORS Chapter 35, it is necessary for the Board of
County Commissioners to declare the necessity of acquiring said real property when the
necessity exists; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the Board of County Commissioners of Deschutes County, Oregon,
declares it necessary and expedient and in the public interest that for the purposes of
developing and maintaining access to and between public facilities, including offices,
warehouses and parking that Deschutes County, a political subdivision of the State of Oregon,
acquire fee simple title to the real property described as Exhibit "A," attached hereto and by
this reference, incorporated herein, within the City of Bend, Deschutes County, Oregon. The
appropriation of the real property is reasonably necessary for operation of the municipal
corporation.
Section 2. That Deschutes County, Oregon, has not been able to locate the owners of
the said real property to discuss and negotiate the compensation to be paid therefor.
Section 3. That in the event that the real property owners are not located or no
satisfactory agreement can be reached, the Deschutes County Legal Counsel or another
attorney acting for and on behalf of Deschutes County, Oregon, is hereby authorized to
institute a proceeding in eminent domain for the acquisition of the land hereinabove described,
and to seek immediate possession of said land.
Section 4. Upon the trial of any suit or action instituted to acquire the real property or
PAGE 1 OF 2 - RESOLUTION NO. 97-027 (3/5/97)
14 CnOMAED
n behalf of Deschutes C re ` oC
any interests therein, the attorneys acting for and o ty, g ,
and hereby is authorized to make such stipulation, agreement, or admission as in their
judgment may be for the best interest of the Deschutes County, Oregon.
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 A in order to establish
and implement access to public facilities and therefore, this resolution shall be in force and
effect from and after its passage by the Deschutes County Board of County Commissioners.
DATED this 5th day of March, 1997.
A7 T:
— -44.12t-i ?
Recording Secretary
BOARD OF COUNTY C,
DY-SCHUTES(eQUNTY,
Iii
• "Awm
LINDA L.
PAGE 2 OF 2 - RESOLUTION NO. 97-027 (3/5/97)
MMISSIONERS
)REGON
Chair
EN, Commissioner
0156-1019
EXHIBIT A
A parcel of land containing 20,303 square feet, more or less, located in a portion of the
Northeast One -Quarter (NEI/4) of Section 32, Township 17 South, Range 12 East, Willamette
Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as
follows:
Beginning at point on the west line of the Northeast One -Quarter of said Northeast One -
Quarter (NEI/4NE1/a) being the northeast corner of that parcel described in Volume 38, Page
987, Deschutes County Official Records which bears North 00'14'22" West a distance of 208.00
feet from a 3/8" brass rod set in concrete said brass rod being the northeast one -sixteenth
corner of said Section 32; thence following the northerly boundary line of said parcel South
89°57'41" West a distance of 190.05 feet to a point on the easterly right-of-way line of Wall
Street; thence leaving said northerly boundary line North 38°33'05" East a distance of 38.41
feet along said easterly right-of-way line to the northwest corner of the parcel described in
Volume 142, Page 203, Deschutes County Official Records said northwest corner also being
on the northerly right-of-way line of the Oregon Truck Railway; thence leaving said easterly
right-of-way line along said northerly right-of-way line North 8905741" East a distance of
165.99 feet to said west line of said Northeast One -Quarter of said Northeast One -Quarter
(NE14NE1/a) and the northeast corner of said parcel described in Volume 142, Page 203,
Deschutes County Official Records; thence leaving said parcel boundary along said west line
North 00°14'22" West a distance of 6.78 feet to the southwest corner of a 50 foot wide strip of
land described in Volume 9, Page 227, Deschutes County Deed Records, said point being the
southwest corner of Hill Street; thence leaving said west line South 89°56'22" East a distance
of 30.45 feet to the southwest corner of Tract 30 of the unofficial plat of LYTLE ACRE
TRACTS; thence along the southerly boundary line of said Tract 30 South 89°56'22" East a
distance of 200.09 feet to a 5/8" iron rod with a plastic cap stamped "DEA" marking the
southeast corner of said Tract 30 and the southwest corner of Tract 29 of said unofficial plat;
thence along the southerly boundary line of said Tract 29 and a parcel of land described in
Volume 248, Page 2456, Deschutes County Official Records, South 89°52'37" East a distance
of 99.91 feet to the southwest corner of a tract of land described in Volume 266, Page 856,
Deschutes County Deed Records, said point also being on the northerly right-of-way line of
the Oregon Trunk Railway; thence along said northerly right-of-way line around a 301.71 foot
radius curve left 81.66 feet (chord bears North 70°37'10" East, 81.41 feet) to the westerly right-
of-way line of Division Street; thence along said westerly right-of-way line the following two
courses:
South 02°01'54" East a distance of 27.14 feet;
South 01'52'09" East a distance of 32.02 feet to a point on the northerly
boundary line of a tract of land described in Volume 144, Page 2513, Deschutes
County Official Records;
PAGE 1 OF 2 - EXHIBIT "A" TO RESOLUTION NO. 97-027 (3/5/97)
0156-2040
thence along said northerly boundary line North 89°55'07" West a distance of 78.53 feet to the
northwest corner of said tract of land per said Volume 144, Page 2513, also being northeast
corner of a tract of land described in Volume 428, Page 1466, Deschutes County Official
Records; thence along the northerly and easterly boundary lines of said tract the following
three courses:
North 89°55'07" West a distance 119.70 feet;
South 00°29'28" East a distance of 3.94 feet;
South 81°35'36" West a distance of 2.93 feet to the northeast corner of Tract 31,
said unofficial plat of LYTLE ACRE TRACTS; thence along the northerly
boundary line of said Tract 31 South 89°57'36" West a distance of 208.00 feet
to the northwest corner of said Tract 31 to the "Point of Beginning," the
terminus of this description.
SUBJECT TO: All easements, restrictions and rights-of-way of record and those common and
apparent on the land.
PAGE 2 OF 2 - EXHIBIT "A" TO RESOLUTION NO. 97-027 (3/5/97)