2003-1223-Resolution No. 2003-104 Recorded 9/5/2003COUNTY
TES
FICIAL
REVIE ED NANCYUBLANKENSHIP,FCOUNTY CLERKS Vy 20�3��223
I COMMISSIONERS' JOURNAL 09/05/2003 10;53;22 AM
LEGAL COUNSEL 11111111IN 1111111111111111111
2 03-1223
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving the
Acquisition of Right -of -Way
for the construction of West Butte Road.
RESOLUTION NO. 2003-104
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 with Deschutes County; and
WHEREAS, for the purpose of construction of West Butte Road, Deschutes County and Crook County
plan and propose to construct a new road from Highway 20 North to Reservoir Road as depicted in Exhibit "A".
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 the construction of West Butte
Road, 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. 2003-104
Section 4. This resolution shall take effect immediately upon passage.
DATED this a�/day of _ , 2003.
ATTEST:
Recording Secretary
PAGE 2 of 2 — RESOLUTION NO. 2003-104
BOARD OF COUNTY COMMISSIONERS
OF DESCHU S COUNTY, OREGON
DENNIS R. LU , Chair
TOM EWOLF, Commissioner
MICHAEL M. DALY, 7mmissioner
Propose
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Brothers - Bend - Redmond - Madras = 82.5 miles. Travel time @ 115 minutes
Brothers - Prineville - Madras via OP 27 = 69.5 miles. EXHIBIT"A"
Travel time @ 150 minutes Page 1 of 1
Brothers - Prineville - Madras via Millican Cut -Off = 61.75 miles.
Travel time @ 80 minutes
Webster Right -of -Way Acquisition
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August 25, 2003
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EXHIBIT "B"
Page 1 of 3
RIGHT OF WA Y A CQ UISITION EXHIBIT MAP
SECTION 14, T.19S. , R.15E., W. M.
DESCHUTES COUNTY, OREGON
FOUND
(N88`41 'W - 39.85 CHS. =2630. 10 )
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.953-25'
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122.75 49.10
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
I-" j
J3 OREGON
AUGUST 22. 1975
DAVID S. ARMSTRONG
1026
I
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0 WNER
WILLIAM R. WEBSTER
ANGELA L. WEBSTER
420 PRIMROSE WA)"
OCEANSIDE, CA 92057-8536
PORTION
E1/2 NE 114
LYING
WESTERLY OF ROAD
S1 1 I S12-
FOUND
S14 ,S13
PORTION
o E1/2 NE- 114
L PING EASTERL Y
nc gnAn
DESCHUTES
COUNTY
TL 1915140000100
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2�k 0P�RRPA 00
70.03' 175.08'
105.05 "
TL 1915140000200
WEBSTER o rn
DEED BOOK 240 O
-A
PAGE 244 �-' y�G
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LE�L�IVD ti t1 /Imo/1)
ORIGINAL GENERAL LAND OFFICE CORNER
FOUND, CERT/PIED RECORD OF LAND CORNER
MONUMENTA TION TO BE F/LED
RIGHT OF WAY MONUMENT -5'
TO BE ESTABLISHED
BY SURVEY
( ,1 GENERAL LAND OFFICE RECORD
IAV! AREA COVERED BY EXISTING ELM EASEMENT
= 1.57 AC. f OEED BOOK 259 PAGE 98
AREA COVERED BY NEW EASEMENT TO
'51 AC EXHIBIT "B"
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- Page 2 of 3
TOTAL EASEMEN
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724 W.O. 03-2620
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Armstrong Surveying & Engineering, Inc.
378 NE Second Street — Prineville, Oregon 97754 - (541) 447-7791 — fax: (541) 416-1602
ROAD RIGHT OF WAY ACQUISITION LEGAL DESCRIPTION LOCATED IN THE
E1/2 NEI/4 OF SECTION 14, T. 19S., R. 15E., W.M., DESCHUTES COUNTY,
OREGON
W.O. 03-2620
LEGAL DESCRIPTION
A portion of a parcel of land conveyed to William R. Webster and Angela L. Webster,
husband and wife, by deed recorded July 17, 1991 at Deed Book 240 at Page 244,
Records of Deschutes County, Oregon, described as follows:
That portion of the East Half of the Northeast Quarter (E 1/2 NE 1/4) lying Westerly of the
U.S. Government access road, established November 16, 1967, in Book 156, Page 28,
Deed Records, in Section Fourteen (14), Township Nineteen (19) South, Range Fifteen
(15) East of the Willamette Meridian, Deschutes County, Oregon.
Said portion being all that portion of said property contained within a strip of land two
hundred (200) feet in width, one hundred (100) feet on each side of the following
described centerline: Beginning at a point on the North line of said El/2 NE1/4 from
which the Northeast corner of said Section 14 bears South 89°21' 19" East, 953.25 feet,
thence South 34°47'47" East along said centerline a distance of 1668.83 feet to the East
line of said Section 14, from which point the Northeast corner of said Section 14 bears
North 00°02'09" East, 1359.70 feet, extending the sidelines of said easement to
intersection with the North and East lines of said Section 14. The parcel of land to which
the above description applies contains 4.08 acres total, more or less, including that area
covered by that exclusive road easement conveyed to the United States of America
recorded in Deed Book 259 at Page 98, Records of Deschutes County, Oregon, said
recorded easement containing 1.57 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
I s l� nilr13 OREGON / 1
e% J AUGUST 12, 1973
DAVID B. ARMSTRONG
1026
C:/wpdocs%legal/262Ole g.doc
EXHIBIT "B"
Page 3 of 3