2000-999-Resolution No. 2000-080 Recorded 11/13/2000VOL: CJ2000 PAGE: 999
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-999 * Vol -Page Printed: 11/14/2000 14:46:23
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Nov. 13, 2000; 2:49 p.m.
Resolution (CJ)
NUMBER OF PAGES: 4
LV ED
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
C9.7�
• REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHIIES 'iC,YaCDiRI> DN
A Resolution Declaring the Necessity and Intent to * 00 NOV 13 P11 2. 4
Appropriate Certain Described Real Property,* Mr1Y i f rI`Vf
Authorizing the Oregon Department of Transportation * � 4� N T r' G Fi h
To Negotiate for its Acquisition, and Authorizing
Institution of Condemnation Proceedings if Necessary
RESOLUTION 2000-080
WHEREAS, the Board of County Commissioners for Deschutes County, on May 27, 1998,
adopted a Cooperative Improvement Agreement (hereinafter referred to as "Agreement") to participate
with the Oregon Department of Transportation (hereinafter referred to as "ODOT") to extend and relocate
Deschutes Market Road and connecting roads in Deschutes County, Oregon, for the purpose of providing
acceptable traffic patterns on and around the Deschutes Junction Interchange on the Dalles-California
Highway (Highway 97) between the City of Bend and the City of Redmond, Oregon (hereinafter referred
to as the "Project"); and
WHEREAS, ODOT and County have jointly, pursuant to the Agreement, acquired certain
properties for the purposes of the Project and have engaged in negotiations with landowners and tenants
for compensation to be paid to acquire property necessary for the Project; and
WHEREAS, in order to construct this improvement, ODOT and County must acquire right-of-
way across certain real property, more particularly described below; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Deschutes County Board of County Commissioners finds and declares that
the Deschutes Junction Interchange project will serve a valuable public purpose.
Section 2. The Deschutes County Board of County Commissioners finds that it is necessary
and desirable to acquire right-of-way over and along the full-length and width of the relevant parcels
necessary for the project, and authorized by the prior Agreement.
Section 3. The relevant parcels of property are particularly described on Exhibit "A,"
attached hereto.
Section 4. ODOT is hereby authorized and directed to negotiate on behalf of Deschutes
County with the owners of the above-described real property for the purchase of the necessary rights-of-
way.
Section 5. In the event that ODOT is unable to reach an agreement with the owner(s) of the
property as to the compensation to be paid therefore, ODOT/Attorney General is hereby authorized and
RESOLUTION 2000-080 — Declaring Property, Authorizing MOT Acquisition & Condemnation Proceedings
directed to institute condemnation proceedings in the name of Deschutes County in a court of competent
jurisdiction for the ((pppurpose of acquiring title to possession of the above-described right-of-way.
Dated this, day of November, 2000.
ATTEST:
U4�
Bonnie Baker, Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, GON
LindZRLuke.
, C r
2
nnis Commissioner
Tom DeWolf, Commissioner
RESOLUTION 2000-080 — Declaring Property, Authorizing ODOT Acquisition & Condemnation Proceedings
EXHIBIT "A"
Deschutes Junction Overcrossing Phase 2
Right -of -Way from Luckman
Two parcels of land located in the SE 1/4 Sw 1/4 and of Section 26, Township 16 South,
Range 12 East, W.M., Deschutes County, Oregon, said parcels being a portion of that
property conveyed to Dennis G. Luckman, grantee, by Kenneth O. Luckman, grantor in
the Bargain and Sale Deed recorded July 9, 1998 in Volume 502 Page 0060 of Deschutes
County Official Records, being more particularly described as follows:
"Parcel 1" Right -of -Way Acquisition in 161226C Tax Lots 104,400 & 401
Commencing at the brass disk monumenting the West 1/4 corner of said Section
26; thence along the west line of said Section 26 S00°03' 15"E 465.23 feet to the
southerly right-of-way line of the new road; thence leaving said section line and
along said southerly right-of-way line S59°39'01"E 70.61 feet; thence
S55021'40"E 601.69 feet; thence S59°39'01"E 1859.16 feet to the northwesterly
line of said Luckman property, the Point of Beginning; thence S45°38'32"E
104.09 feet to the southeasterly line of said Luckman Property, thence leaving
said southerly right-of-way line and along said southeasterly line N28°01'02"E
48.44 feet; thence S61058'58"E 91.60 feet to the westerly 30 foot right-of-way
line of Deschutes Market Road; thence leaving said southeasterly line and along
said westerly line N21°43'40"W 103.20 feet; thence 114.13 feet along the arc of a
507.46 foot radius curve to the right, the long chord of which bears N15°17'05"W
113.89 feet to the northerly right-of-way line of the new road, (said point to be
called Point "A"); thence leaving said westerly right-of-way line and along said
northerly right-of-way line N59°39'01 "W 34.64 feet to the northwesterly line of
said Luckman property; thence leaving said northerly right-of-way line and along
said northwesterly line S28001'02"W 170.14 feet to the Point of Beginning.
Containing 19,406 sq.ft. (0.45 acres) more or less.
"Parcel 2" Remnant Acquisition in 161226C Tax Lot 104
Commencing at said Point "A" of Parcel 1, the Point of Beginning; thence
continuing along the westerly 30 foot right-of-way line of Deschutes Market Road
63.05 feet along the arc of a 507.46 foot radius curve to the right, the long chord
of which bears N05°16'47"W 63.05 feet to the northwesterly line of said Luckman
property; thence leaving said westerly right-of-way line and along said
northwesterly line S28°01'02"W 51.29 feet to the northerly right-of-way line of
the new road; thence leaving said northwesterly line and along said northerly
right-of-way line S59°39'01 "E 34.64 feet to the Point of Beginning. inning. Containing
846 sq.ft. (0.02 acres) more or less. PROFESSIONAL
REGISTERED
L4ND %JRVEYOR
O R E G O N v
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TANGENT: 31.59
LONG CHORD:
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POINT "A"=
' P.O.B. PARCEL 2
DELTA: 12'53'12"<M>
R507.46
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PARCEL 1 kMq�
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PARCEL 1 s,►'
4 19,407 sq.ft. 'o r,
of Z°r 0.45 acres �s�?` <�° ��F 9j• osBK
SCy&S?COLO 0 110,
161226CO 104, 400 & 401
EXISTING AREA=
76,353 S.F. 1.75
PER DEED V210 P2677
(ASSESSORS RECORDS=1.79 AC)
AREA TO BE AQCUIRED FOR RIGHT-OF-WAY
PARCEL 1=19,406 SQ.FT. 0.45 AC.
PARCEL 2= 846 SQ.FT. (0.02 AC.)
REMAINDER
PARCEL I AQCUISITION=
56,947 S.F. (1.31 AC)t
PARCEL 1 & 2 AQCUISITION=
56,101 S.F. (1.29 AC. )t
SE 1/4 SW1 /4 SEC. 26
T16S, R12E, W.M.
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EXISTING WESTERLY
RIGHT-OF-WAY LINE
TANGENT: 57.31
LONG CHORD:
S13'17'05"E 113.89'
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DESCHUTES JUNCTION PHASE 2
RIGHT—OF—WAY AQCUISITION: LUCKMAN TAX LOT 161226C 104,400 & 401
DESCHUTES COUNTY ROAD DEPARTMENT SCALE 1"-100' IDRAWN BYi M.J.B. I DATE: 11/6/00 SHEET
1150 S.E. 27TH STREET, BEND, OR. 9770q -FILE,
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