2015-400-Resolution No. 2015-089 Recorded 8/31/2015 COUNTY REVIEWED NANCY 1015400
CLERKS r�+ut
015�`�O0
(�Q IA/ COMMISSIONERS' JOURNAL 08/31/2015 08:25:13 AM
LEGAL COUNSEL II II II II IIIUIIIIIIII III III
21 -
-wi •��LVra-crrg. tauj:r vuiy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring the Necessity and Intent
to Appropriate Certain Described Real Property, * RESOLUTION NO. 2015-089
Authorizing the Oregon Department of
Transportation to Negotiate for its Acquisition,
and Authorizing Institution of Condemnation
Proceedings if Necessary
WHEREAS, the Board of County Commissioners for Deschutes County, on January 30, 2014, adopted
a Local Agency Agreement No. 29466 (hereinafter referred to as "Agreement") to participate with the Oregon
Department of Transportation (herein referred to as "ODOT")to replace the existing bridge located at Tetherow
Crossing; and
WHEREAS, in order to construct this improvement, ODOT and County must acquire right-of-way
across certain real property, more particularly described below; and
WHEREAS, for the purpose of performing said work, it is necessary to acquire additional right-of-way
as set forth in Exhibit"A"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 Deschutes County Board of County Commissioners finds and declares that the Tetherow
Rd: Deschutes River Bridge Replacement—Bridge No. 17C26 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 relevant parcels necessary for the project.
Section 3. The relevant parcels of property are particularly described in Exhibit"A"
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 to institute
condemnation proceedings in the name of Deschutes County in a court of competent jurisdiction for the purpose
of acquiring title to possession of the above-described right-of-way.
PAGE 1 OF 2—RESOLUTION NO.2015-089
Section 4. This resolution hall take effect immediately upon passage.
DATED thieb day of
6J-1-f/A ,2015.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
a/ 04,-/YCW`)L._,_
ANTHONY DEBONE, Chair
gle44-t-
ATTEST: ALAN UNGER,Vice Chair
t1171/1/1At-- C le.�Pte.e 1-... C_.
Recording Secretary TAMMY BANEY, Commis "oner
PAGE 2 OF 2-RESOLUTION NO.2015-089
EXHIBIT A-Page 1 of 1 File 9065001
Drawing-Sketch
08/13/2015
Permanent Easement for Roadway Right of Way Purposes
A parcel of land lying in the NW' SE1/4 of Section 36, Township 14 South, Range 12 East,
W.M., Deschutes County, Oregon and being a portion of that property described in that
Bargain and Sale Deed to Central Oregon Park and Recreation District, recorded October
21, 2003 as Document Number 2003-73172, Deschutes County Records; the said parcel
being that portion of said property lying between lines at right angles to the center line of
the relocated Tetherow Road at Engineer's Station 12+45.00 and 13+70.00 and included
in a strip of land 40.00 feet in width, lying on the Easterly side of said center line, which
center line is described as follows:
Beginning at a point at said relocated Tetherow Road Engineer's center line Station
10+00.00, said station being 1378.01 feet North and 190.44 feet East of the South quarter
corner of Section 36, Township 14 South, Range 12 East, W.M.; thence South 00° 52' 31"
West 396.69 feet; thence South 00°46' 05" East 248.11 feet; thence on the arc of a
384.90 foot radius non-tangent curve to the right (the long chord of which bears South 24°
13' 45"West 325.25 feet) 335.80 feet; thence South 49° 14' 16"West 44.93 feet; thence
on the arc of a 735.10 foot radius non tangent curve to the right (the long chord of which
bears South 50° 19' 37"West 25.56 feet) 25.56 feet to Engineer's center line Station
20+51.09.
Bearings are based on Oregon Coordinate Reference System (OCRS), Bend-Redmond-
Prineville zone.
This parcel of land contains 1250 square feet, more or less, outside of the existing right of
way.
REGISTERED
L
PROFEGISSSIONA
LAND SURVEYOR
77A-ro
OREGON
JUNE 15. 2093
NGO SUE TSOI
58589
RENEWS: 6/30/16
SEC. 36, T. 14S. , R. 12E., W. M.
30.00' 30.00'
N ° Central Oregon Park and
n? Recreation District
`" Doc. No. 2003-73172
40.00' +45
-1 7
� I
X
o 7 i
o I
o I
•e� I
23 0.6C/ R R 40.0 ' +7D AG. °74
PL A r OF O04 17
.HA I/ .IV O
PER
C11
13+96.69 P.t.
DESCH
uT 5
RIVER
cn
o
a
Q
rn
cn
rn
15+00
-
SCALE 1" = 50'
1 .�
50 25 0 50 LEGEND: PERMANENT EASEMENT FOR
FEET 7- . ROADWAY RIGHT OF WAY PURPOSES
1,250 SO.FT.± (0.029 AC.±)
Section Tetherow Rd:Deschutes River Bridge Replacement
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY Highway Tetherow Road
ENGINEERING
County Deschutes Scale 1" 50'
SKETCH MAP Purpose Permanent Easement Date Aug, 2015
File 9065001
EXHIBIT A-Page 1 of 2 File 9065003
Drawing-Sketch
08/13/2015
PARCEL 'I — Permanent Easement for Roadway Right of Way Purposes
A parcel of land lying in the NWIASE1/4 of Section 36, Township 14 South, Range 12 East,
W.M., Deschutes County, Oregon and being a portion of that property described as Parcel
2 in that Bargain and Sale Deed to Edward D. Stabb, Trustee and Joann C. Stabb, Trustee
of the 1988 Stabb Living Trust, dated Feb 5, 1988, recorded December 4, 2000 in Volume
2000, Page 49103, Deschutes County Records; the said parcel being that portion of said
property lying between lines at right angles to the center line of the relocated Tetherow
Road at Engineer's Station 14+15.00 and 15+40.00 and included in a strip of land 40.00
feet in width, lying on the Westerly side of said center line, which center line is described
as follows:
Beginning at a point at said relocated Tetherow Road Engineer's center line Station
10+00.00, said station being 1378.01 feet North and 190.44 feet East of the South quarter
corner of Section 36, Township 14 South, Range 12 East, W.M.; thence South 00° 52' 31"
West 396.69 feet; thence South 00°46' 05" East 248.11 feet; thence on the arc of a
384.90 foot radius non-tangent curve to the right (the long chord of which bears South 24°
13' 45" West 325.25 feet) 335.80 feet; thence South 49° 14' 16"West 44.93 feet; thence
on the arc of a 735.10 foot radius non-tangent curve to the right (the long chord of which
bears South 50° 19' 37"West 25.56 feet) 25.56 feet to Engineer's center line Station
20+51.09.
Bearings are based on Oregon Coordinate Reference System (OCRS), Bend-Redmond-
Prineville zone.
This parcel of land contains 1250 square feet, more or less, outside of the existing right of
way.
PARCEL 2 —Permanent Easement for Roadway Right of Way Purposes
A parcel of land lying in the NW%SE'A of Section 36, Township 14 South, Range 12 East,
W.M., Deschutes County, Oregon and being a portion of that property described as Parcel
2 in that Bargain and Sale Deed to Edward D. Stabb, Trustee and Joann C. Stabb, Trustee
of the 1988 Stabb Living Trust, dated Feb 5, 1988, recorded December 4, 2000 in Volume
2000, Page 49103, Deschutes County Records; the said parcel being that portion of said
property lying between lines at right angles to the center line of the relocated Tetherow
Road at Engineer's Station 14+15.00 and 15+70.00 and included in a strip of land 40.00
feet in width, lying on the Easterly side of said center line, which center line is described in
Parcel 1.
EXHIBIT A-Page 2 of 2 File 9065003
Drawing-Sketch
08/13/2015
This parcel of land contains 1550 square feet, more or less, outside of the existing right of
way.
PARCEL 3 —Temporary Easement for Work Area (3 years or duration of Project,
whichever is sooner)
A arcel of land lying in the NW'/4SE%4 of Section 36, Township 14 South, Range 12 East,
p Y g
W.M., Deschutes County, Oregon and being a portion of that property described as Parcel
2 in that Bargain and Sale Deed to Edward D. Stabb, Trustee and Joann C. Stabb, Trustee
of the 1988 Stabb Living Trust, dated Feb 5, 1988, recorded December 4, 2000 in Volume
2000, Page 49103, Deschutes County Records; the said parcel being that portion of said
property included in a strip of land variable in width and lying on the Westerly side of the
center line of the relocated Tetherow Road, which center line is described in Parcel 1.
The width in feet of said strip of land is as follows:
Station to Station Width on Westerly Side of Center Line
16+25.00 20+25.00 185.00 in a straight line to 30.00
This parcel of land contains 35922 square feet, more or less, outside of the existing right of
way.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
*„, 5,
o ow/
ik
NGO SUE TSO1
58569°
RENEWS: 6/30/16
SEC. 36, T. 14S. , R. 12E. , W. M.
TErHERCW I V E R s sP N e I, p r
3 O.R•
P/ASE I RIVER E 0742
O2004 PAG
VL DESCHUTES .
RIVER 13+96 69 P.I15 40.00 40.00 15
.-- - ii
1
0 !-') 115+00
CD m� a
Q
N +40 40.00' is .
Edward D. & ° _ "1
Joann C. Stabb ; m 2 40.00' +70
2000--49103-2000 �' 0
+25 185.00' Abb,., ..�A►:.1►t. 4, 6#44,80 P.C.. o
1, :',. 41.40 � �4 300p,4.
V.
6, LEGEND:
'k ''' ,. \ ' , .66 r+iiskrioi
..,v,,s 5 s-tok ).tc. 5., "•'Z..%,,ta i i hi PAVA I F ..,-
o' \t''" . 4LNIkAir
FOr
+25 30.00 a.A,N PERMANENT EASEMENT FOR
0 J a ROADWAY RIGHT OF WAY PURPOSES
5' coo --' -L 1,250 SQ.FT.± (0.029 AC.±1
F- r, °o PERMANENT EASEMENT FOR
SCALE 1" = 100' o, = Q ROADWAY RIGHT OF WAY PURPOSES
l 1.55D SQ.FT.± (0.036 AC.±)
100 50 0 100 - TEMPORARY EASEMENT FOR WORK AREA
FEET .1 3 35.922 SQ.FT.± (0.825 AC.±)
Section Tetherow Rd:Deschutes River Bridge Replacement.
OREGON DEPARTMENT OF TRANSPORTATION
7r RIGHT OF WAY Highway Tetherow Road
ENGINEERING County Deschutes Scale 1" = 100'
SKETCH MAP
Purpose Easements Date Aug, 2015
File 9065003