19-395-Resolution Recorded 12/4/1974of op
VOL 19 FAUE '35
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IN THE BOARD OF COUNTY COMMISSIONERS
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OF THE STATE OF OREGON
3 FOR THE COUNTY OF DESCHUTES
41n the Matter of Declaring )
the Necessity for )
5 Condemnation of Property ) RESOLUTION AND ORDER
for Use by Deschutes )
6 County )
7 This matter having come before the Board sitting regularly
$ for the transaction of County business;
9 AND IT APPEARING to the Board that the County intends to
lOrealign Burgess County Road near LaPine, Oregon, at a location 5800
11feet West of Highway 97, and to construct a new bridge at said location
12 to replace the old bridge now crossing the Little Deschutes River;
13 AND IT FURTHER APPEARING to the Board that construction of a
14 new bridge and rea i;}aiment ,Q...,.Burgess Road is necessary to protect the
15 public health, safety, and welfare'in that Burgess Road has received.
16 increasingly heavy tr'fic; use, 4nd is subject to periodic flooding and
X7 further that the exi'sting bridge tland ".approach to said bridge 5800 feet
18 West of Highway 97 constitute'a safety hazard;
19 AND IT FURTHER APPEARING to the Board that in order to realign
20 Burgess Road and to construct a new "bridge it will be necessary to
21 acquire through eminent domain proceedings the following described real
22property owned by Crustal Sterns, et al;
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Parcel I -
A tract of land for a road right -of -way, located in the
Southeast Quarter of the Southwest Quarter of Section 35,
Township 21 South., Range 10 East of the Willamette Meridian,
described as follows:
Page 1 - Resolution and Order
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19 PALE ad6
Beginning at the South Quarter corner of said Section 35a
B.L.M. Brass Monument, being the true point of beginning;
thence North 89 °44'21" West along the southerly line of
said Section 35 a distance of 581.55 feet to the inter-
section of the Northeasterly right -of, -way of original
Burgess Road; thence North 62 °0.9'11" West along said
original northeasterly right -of -way 203.58 feet to the
new northerly right -of -way of Burgess Road; thence South
88047'18" East along said new northerly right -of -way
761.64 feet to the Easterly line of the Southwest Quarter
of said Section 35; thence Southerly along said easterly
line 81.59 feet to the point of beginning.
Containing, ,e 1.'34, acres. more
Parcel II -
or less.
A bract, °of „hand for;a-road- right -of -way lying in the
Northwest Quarter” of the :Nor.theaat Quarter of Section 2,
Township''22 86 th; 'Range 10 East of the Willamette
'Meridiari, described as follows:
12 Commencing at the North Quarter corner of said Section
2 a B.L.M. BrassCap ionument; thence South 89 °45'03"
13 East along the rl the `iy; 1ine .bf said .Section 2, a distance
of 243.78 feet -to the'true.poi'nt of beginning; thence
14 continuing South 89045'03" East 66.36 feet to the inter-
section with the northwesterly right -of -way of the original
15 Burgess Road; thence South 66 °38'19" West along said
original northwesterly right -of -way, 104.98 feet; thence
16 northeasterly:along.the arc of a 50.00- radius curve to the
left 54..16 feet, the long chord of which bears North
17 35036'21" East 51.55 feet, to point of beginning.
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Containing 0.026 acres more or less.
AND IT FURTHER APPEARING to the Board that the Deschutes
21county Road Department has offered to purchase the herein referred to
22property for the sum of $4,805.00 following appraisal of the property
23 by Milt LaFranchi, a duly licensed fee appraiser;
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AND IT FURTHER APPEARING to the Board that said offer is
25just compensation for the property and Crystai' Sterns has reft.sed the
26 County offer;
Page 2 - Resolution and Order
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1 NOW- THEREFORE , IS HEREBY RESOLVED AND ORDERED. that
2 eminent domain proceedings be instituted for the purpose of acquiring
3 the real property lie4ibefdre rOieiied to and furthek:that the
4 District Attorney Commence, proceedings forthwith.
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/a/z////
Date
Date
40.-.41111‘
Date Commis s lo er
oved as .7.0 rm.
Paul J. Spec
Deputy Distr:Lc ttorney
Page 3 - Resolution ad Order