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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