2018-170-Resolution No. 2018-007 Recorded 5/16/2018IE
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LEGA COUNSEL
Recorded in Deschutes County CJ2018-170
Nancy Blankenship, County Clerk
Commissioners' Journal 05/17/2018 8:08:20 AM
2018-170
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Acquire Right of Way on
Deschutes Market Road and Dale Road for
Construction of Road Improvements
RESOLUTION NO. 2018-007
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 constructing a left turn lane on Deschutes Market Road and realigning
Dale Road at the intersection of said roads; 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 Board hereby finds and declares that there is needed and required for the construction
improvement and betterment of the Deschutes County road system, particularly constructing a left turn lane on
Deschutes Market Road and realigning Dale Road at the intersection of said roads, certain interests in, or fee
simple title to, certain parcels of real property, as more particularly shown in Exhibit "A" 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.
Section 4. This resolution shall take effect immediately upon passage.
PAGE 1 OF 2 — RESOLUTION NO. 2018-007
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Dated this of 2018 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recordm Secretary
PAGE 2 OF 2 — RESOLUTION NO. 2018-007
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ANTHONY DeBONE, Chair
PHILIP G. HEJERSON, Vice Chair
TAMMY EY, Commitoner
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RUSSELL D. SCOTT
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MICHAEL E. & ESTHER M.
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ROAD
DEPARTMENT
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of May 9, 2018
DATE: May 3, 2018
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2018-007, to Acquire Right of Way on
Deschutes Market Road and Dale Road for Construction of Road Improvements
RECOMMENDATION & ACTION REQUESTED:
Move for approval of Resolution No. 2018-007,a Resolution to acquire right of way on
Deschutes Market Road and Dale Road for construction of road improvements.
BACKGROUND AND POLICY IMPLICATIONS:
Road Department is prepreparing construction plans for the Deschutes Market Road / Dale
Road Intersection Improvement project. The project was identified in the Old Bend Redmond
Highway Evaluation and Road Safety Audit report that was presented to the Board of County
Commissioners at their August 23, 2017 Work Session meeting. The project scope of work
includes constructing a left -turn lane on Deschutes Market Road, realigning Dale Rd to
intersect with Deschutes Market Road perpendicularly, removing clear zone and sight distance
obstructions, and other miscellaneous work.
Construction of the project will require that additional right of way be acquired from adjoining
parcels along both Deschutes Market Road and Dale Road. Adoption of Resolution No. 2018-
007 will authorize Road Department to negotiate with the owners of the adjoining parcels for
the parcel interests required for the project. All resulting purchase agreements and
conveyance instruments will be presented to the Board of County Commissioners for
acceptance upon completing negotiations.
FISCAL IMPLICATIONS: Road Department will present purchase agreements and
conveyance instruments to Board of County Commissioners upon completing negotiations with
property owners. Department anticipates that total right of way aquisition costs will not exceed
$20,000, which has been budgeted in the Department's FY 2018 Road Capital Improvement
Plan budget.
ATTENDANCE: Cody Smith, County Engineer