2002-1308-Resolution No. 2002-110 Recorded 11/12/2002RE IEWED
A� —
LEGAL COUNSEL
COUNTY OFFICIAL
MARY" SUE SPENHOLLOW, COUNTYRCLERKS Vy `�O�-1308
COMMISSIONERS' JOURNAL 1 111Z1ZOOZ O1158ll PM
20020 087
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving the Acquisition of Right -
of -Way for Road and Other Construction Related * RESOLUTION NO. 2002-110
to the Replacement of Johnson Market Road
Bridge.
WHEREAS, by virtue of the laws of the State of Oregon as set forth and defined in Oregon Revised
Statutes, Deschutes County is authorized and empowered to acquire by purchase, agreement, donation or by the
exercise of the power of eminent domain, real property, or any right or interest therein, including any easement
or right-of-way, for the construction, extension, alteration, widening, straightening or otherwise changing of any
roads, highways, bridges or approaches within Deschutes County; and
WHEREAS, for the purpose of replacing the existing Johnson Market Road bridge, Deschutes County
plans and proposes to perform certain work, as more specifically depicted on Exhibit "A" attached hereto and
incorporated herein by this reference, on and around said bridge, including widening the existing road leading to
and from the bridge and the installation of guard rails at each end of the bridge; and
WHEREAS, for the purpose of performing said work, it is necessary to acquire additional right-of-way
as set forth in Exhibit `B" attached hereto and incorporated herein by reference; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board hereby finds and declares that there is needed and required for the construction,
improvement and betterment of the Deschutes County road system, particularly reconstruction of the Johnson
Market bridge, certain interests in, or fee simple title to, certain parcels of real property, as more particularly
described in Exhibit `B" attached hereto and incorporated herein by this reference.
Section 2. That the specified section of highway and the highway facilities for which said parcels of
real property are proposed to be acquired, will be planned, designed, located and constructed in a manner which
will be most compatible with the greatest public good and the least private injury.
Section 3. That Deschutes County Road Department is hereby authorized to negotiate with the owners
of the subject parcels for the acquisition by County of all right, title and interest in and to said parcels, free and
clear from any liens or encumbrances and subject to final approval by the Board of County Commissioners of
any proposed acquisition.
PAGE 1 OF 2 – RESOLUTION NO. 2002-110 (11/06/02)
SALEGAUBOCC RESOLUTION5\2002\RES. NO. 2002-110 - JOHNSON MARKET BRIDGE.DOC
Section 4. This resolution shall take effect immediately upon passage.
DATED this 4�� day of November, 2002.
ATTEST:
Recording Secretary
PAGE 2 OF 2 — RESOLUTION NO. 2002-110 (11/06/02)
S:\LEGAL\BOCC RESOLUTIONSU002%RE.S. NO. 2002-110 - JOHNSON MARKET BRIDGE.DOC
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTE COUNTY, O GON
TOM D WOLF, Chair
DENNIS R. LUKE, Commissioner
MICHAL NT. DAL , C missioner
Johnson Market Bri
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Exhibit P\
Page l of �_
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TUMALO IRRIGATION
CANAL
/•y \
k
NOT TO SCALE
Johnson Market Bridge: EXHIBIT A
ridge Replocement
DESCHUTES COUNTY ROAD DEPARTMENT
SCALE: 1'=20' DRAWN BY:JT
DATE; 2/22/02
SHEET
61150 S.E. 27TH STREET, BEND, OR. 9770
1 OF
PILE:W 1ldgn.dwg
Exhibit P\
Page l of �_
Exhibit (�
Page �_ of _1
STOLLER
TAX LOT #171114 00 11000
TUMALO IRRIGATION
CANAL
.�
BAXTER /
TAX LOT #171114 00 11200
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HAP TAYLOR AND SONS
TAX LOT #171114 00 11401
NOT TO SCALE
Johnson Market Brid
e: EXHIBIT B
Bridge Re locement
DESCHUTES COUNTY ROAD DEPARTMENT
SCALE t'm20' IDRAWN
BY:JT I DATE: 2/22/02
SHEET
61150 S.E. 27TH STREET, BEND, OR. 9770
1 OF
FILE:W511dgn.dwg
Exhibit (�
Page �_ of _1
Johnson Market Road
Additional Right -of -Way from Bend Aggregate & Paving
A parcel of land situated in the NE1/4 NE1/4 of Section 14, Township 17 S.,
Range 11 E., W.M., Deschutes County, Oregon, and being a portion of that land
conveyed to Bend Aggregate & Paving Co, in that Bargain and Sale Deed
recorded 12/17/1998 in Deschutes County Official Records Volume 527 Page
307, and being more particularly described as follows:
Commencing at the 5/8" diameter rebar which marks the northwest corner
of that parcel denoted as "TL 11400" as shown on the survey of "Lot Line
Adjustment LL 98-78" filed on 4/06/2000 in the Deschutes County
Surveyor's Office as CS13996; thence S36005'56W 85.82 feet along the
easterly right of way line of Johnson Road as shown on said CS13996
survey to a found 5/8" rebar with a yellow plastic cap stamped "SCE&S"
flush with pavement monumenting the north corner of said Bend
Aggregate parcel, the Point of Beginning, thence S36°05'56"W 224.01
feet; thence leaving said easterly right-of-way line N53°54'04"W 28.75 feet
to a point on the as -built centerline of Johnson Road (as located during
March of 2000 and prior to the bridge replacement over the canal
commencing in November of 2002); thence along said as -built centerline
N36036'18"E 224.02 feet; thence leaving said as -built centerline
S53054'04"E 26.78 feet to the Point of Beginning.
Containing 1739 Square Feet more or less (0.040 acres) lying outside of the
existing 40.00 foot right of way H.A. Johnson Road as established on 01/09/1913
in Volume 5 Page 104 of the Crook County Commissioner's Journal.
REGiSTHRED _I\
if
01
J:\LDD2\Projects\W511-Johnson Mrkt Bridge\doc\17-11-14TL11401-IgI.DOC
10/24/2002 11:02 AM
mjb Exhibit �
Page �)_ of `�
Found 5/8" rebar at Northwest
comer of parcel denoted as
LINE PARALLEL WITH 60' R/W LINE PER CS13996 ""T 11 on the survey of
Lot Line Addju ustment LL 98-78" /'
(CS13996)
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SCK' Found 5/8" rebar with a yellow \
^r, A� �� plastic cap stamped "SCE&S" flush
yon with asphalt at the north corner of \
00 °0���� �� �� the parcel denoted as
Q °Z / �• G "TL 11401" on the survey of
`�� °� �jG �� �Q- "Lot Line Adjustment LL 98-78"
�� P} �h� / (CS13996)
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/ �O •� J�q°i �? �P o
`S�• HATCHED AREA= Q 0
/ 2 `S�• AREA TO BE QO���
DEDICATED OUTSIDE �
OF EXISTING R/W:
l ^ O y 1739 MORE
/ b FEET MORERE OR LESS
j T�\�° 40<Z � NOTE: 40' R/W IS CENTERED
ON AS—BUILT CENTERLINE. 60
R/W IS NOT, NOR IS IT PARALLEL
WITH THE 40' R/W.
Found point
rebar at l denotestd � angle point of parcel denoted
"TL 11400" on the survey of Exhibit
"Lot Line Adjustment LL 98-78"
(CS13996) Page of
3
JOHNSON MARKET ROAD -TAYLOR DEDICATION
OCATED IN SECTION 14, T. 17 S., R. 11 E.W.M., DESCHUTES COUNTY, OREGON
DESCHUTES COUNTY ROAD DEPARTMENT ISCALE, 1'=40 I DRAWN BY- MJB I DATE, 10/24/2002 SHEET
1150 S.E. 27TH STREET, BEND, OR. 97702 FILE-W511—RW-RESDLVE.DWG 1 OF 1
Johnson Market Road
Additional Right -of -Way from Stoller
A parcel of land situated in the NE1/4 NE1/4 of Section 14, Township 17 S.,
Range 11 E., W.M., Deschutes County, Oregon, and being a portion of that land
conveyed to Elmer R. & Geraldine L. Stoller in that Bargain and Sale Deed
recorded 11/19/1976 in Deschutes County Deed Records Volume 241 Page 134,
and being more particularly described as follows:
Commencing at the 5/8" diameter rebar which marks the northwest corner
of that parcel denoted as "TL 11400" as shown on the survey of "Lot Line
Adjustment LL 98-78" filed on 4/06/2000 in the Deschutes County
Surveyor's Office as CS13996; thence S36°05'56W 83.84 feet along the
easterly right of way line of Johnson Road as shown on said CS13996
survey to a point N36005'56"E 357.46 feet from a 1/2" diameter rebar
marking the south -most angle point on the most westerly line of that parcel
denoted as "TL 11401" as shown on said survey CS13996; thence leaving
said easterly right-of-way line N53°54'04"W 26.76 feet to a point on the
as -built centerline of Johnson Road (as located during March of 2000 and
prior to the bridge replacement over the canal commencing in November
of 2002), being the Point of Beginning; thence N53°54'04"W 33.24 feet
to a line 60.00 feet from and parallel with said easterly 60.00 foot right-of-
way line; thence along said 60.00 foot parallel line S36°05'56"W 110.64
feet to a point on the centerline of the Tumalo Irrigation District Canal;
thence leaving said 60.00 foot parallel line S51'54'1 1 "E 32.27 feet along
said canal centerline to a point on said as -built centerline of Johnson
Market Road; thence leaving said canal centerline and along said as -built
centerline N36036'1 8"E 111.77 feet to the Point of Beginning.
Containing 1414 Square Feet more or less (0.032 acre) lying outside of the
existing 40.00 foot right of way H.A. Johnson Road as established on 01/09/1913
in Volume 5 Page 104 of the Crook County Commissioner's Journal.
FiEQ1,S T ERED
PROFESSiONA,L
LAIND SI..iRVEY0.6F
J:\LDD2\Projects\W511-Johnson Mrkt Bridge\doc\17-11-14TL11000-Igl.DOC /
10/24/2002 10:48 AM Exhibit
mjb Page 4 of —71.—
Found 5/8" rebar at Northwest
corner of parcel denoted as
LINE PARALLEL WITH 60' R/W LINE PER CS13996 "T 11 on the survey of
"Lot Line Addjuustment LL 98-78"
(CS13996) /
HATCHED AREA= ' / �1/
AREA TO BE DEDICATE / /
OUTSIDE OF EXISTING R/W. /
1414 SQ. FT. MORE OR LESS.
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MJF 2� SAO Q) off.
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A-40
O�
\�° P� NOTE: 40 R/W IS CENTERED
�!"q ��° ? ON AS—BUILT CENTERLINE. 60'
-} R/W IS NOT, NOR IS IT PARALLEL
Z\" / WITH THE 40° R/W.
w
Found 1/2" rebar at southmost
/ angle point of parcel denoted
—"TL 11400" on the survey of
"Lot Line Adjustment LL 98-78" Exhibit
/ (CS13996) — — — _ Page 15 of
JOHNSON MARKET ROAD—STOLLER DEDICATION
)CATED IN SECTION 14, T. 17 S., R. 11 E.W.M., DESCHUTES COUNTY, OREGON
DESCHUTES COUNTY ROAD DEPARTMENT SCALE- 1" = 40 DRAWN BY, MJB DATE, 10/23/2002 SHEET
1150 S.E. 27TH STREET, BEND, OR. 97702 FILE, W511-RW-RESOLVE.DWG 1 OF 1
Johnson Market Road
Additional Right -of -Way from Baxter
A parcel of land situated in the NE1/4 NE1/4 of Section 14, Township 17 S.,
Range 11 E., W.M., Deschutes County, Oregon, and being a portion of that land
conveyed to Robert E. Baxter in that Warranty Deed recorded 04/09/1996 in
Deschutes County Official Records Volume 405 Page 1763, and being more
particularly described as follows:
Commencing at the 5/8" diameter rebar which marks the northwest corner
of that parcel denoted as "TL 11400" as shown on the survey of "Lot Line
Adjustment LL 98-78" filed on 4/06/2000 in the Deschutes County
Surveyor's Office as CS13996; thence S36°05'56W 309.83 feet along the
easterly right of way line of Johnson Road as shown on said CS13996
survey to a point N36005'56"E 131.47 feet from a 1/2" diameter rebar
marking the south -most angle point on the most westerly line of that parcel
denoted as "TL 11401" as shown on said survey CS13996; thence leaving
said easterly right-of-way line N53°54'04"W 28.75 feet to a point on the
as -built centerline of Johnson Road (as located during March of 2000 and
prior to the bridge replacement over the canal commencing in November
of 2002), being the Point of Beginning; thence N53054'04"W 31.25 feet
to a line 60.00 feet from and parallel with said easterly 60.00 foot right-of-
way line; thence along said 60.00 foot parallel line N36005'56"E 115.35
feet to a point on the centerline of the Tumalo Irrigation District Canal;
thence leaving said 60.00 foot parallel line S51'54'1 1 "E 32.27 feet along
said canal centerline to a point on said as -built centerline of Johnson
Market Road; thence leaving said canal centerline and along said as -built
centerline S36'36'1 8"W 114.23 feet to the Point of Beginning.
Containing 1353.29 Square Feet more or less (0.032 acre) lying outside of the
existing 40.00 foot right of way H.A. Johnson Road as established on 01/09/1913
in Volume 5 Page 104 of the Crook County Commissioner's Journal.
99(( p 1=RUi- SSi 1'3� ALANO R
J:\LDD2\Projects\W511-Johnson Mrkt Bridge\doc\17-11-14TL11200-1g1.DOC
10/24/2002 10:59 AM
mjb
Exhibit
Page I,0 of _'l
Found 5/8" rebar at Northwest
comer of parcel denoted as
"TL 11400" on the survey of
LINE PARALLEL WITH 60' R/W LINE PER CS13996 "Lot Line Adjustment LL 98-78"
(CS13996) /
A-
O
<v�
8) 451
F
rn yet' \0" / \
(\ //
0 rQy���O
�a
C9 of 41
HATCHED AREA=
AREA TO BE
DEDICATED OUTSIDE �� NI
OF EXISTING R/W:
1353 SQUARE 6,
FEET MORE OR LESS All
^°o
^^ JQ �P rb
`RS>s / 2� G�� P 0A-
02
OR
i
/ �x 40' /
�O \ NOTE: 40' R/W IS CENTERED
ON AS—BUILT CENTERLINE. 60'
/ R/W IS NOT, NOR IS IT PARALLEL
P� �6 �' / / WITH THE 40' R/W.
Found 1/2" rebar at southmost
angle point of parcel denoted Exhibit
/ —"TL 11400" on the survey of
"Lot Adjustment LL 98-78" Page _I of
(CS13996)
JOHNSON MARKET ROAD -BAXTER DEDICATION
_OCATED IN SECTION 14, T. 17 S., R. 11 E.W.M., DESCHUTES COUNTY, OREGON
DESCHUTES COUNTY ROAD DEPARTMENT SCALE -1"=40' IDRAWN BY MJB DATE, 10/23/2002 SHEET
61150 S.E. 27TH STREET, BEND, OR. 97702 FILE,W511-RW-RESOLVE.DWG 1 OF 1