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2005-92-Resolution No. 2005-004 Recorded 2/8/2005R//EVMWED 2r (c )LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK 1iJ Y i7 COMM I SS I ONERS ' JOURNAL 11111111111111111111111111111 2005-92 vilvalZ005 01;04;10 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Approving the Acquisition of Right -of -Way for the Construction Related to the * RESOLUTION NO. 2005-004 Realignment of 74`h Street. 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 realigning 74`h Street, Deschutes County plans and proposes to realign 74`h Street as depicted in Exhibit "A"; 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 the realignment of 74`h Street, 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. 2005-004 Section 4. This resolution shall take effect immediately upon passage. DATED this -`day of , 2005. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY OREGON TOM PF 'A OL , a ATTEST: Recording Secretary PACE 2 of 2 — RESOLUTION NO. 2005-004