2018-413-Resolution No. 2018-040 Recorded 10/12/2018REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2018-413
10/12/2018 1:48:50 PM
Nancy Blankenship, County Clerk
Commissioners' Journal
iii
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Acquire Right of Way for
Construction of Road Improvements on US * RESOLUTION NO. 2018-040
Route 20 and O.B. Riley Road *
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 improvements to the intersection of US Route 20, O.B. Riley
Road, and Cook Avenue; 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 improvements to the
intersection of US Route 20, O.B. Riley Road, and Cook Avenue, 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. The power of eminent domain is hereby exercised with respect to each of the interests in
property described in Exhibit "A". Each is acquired subject to payment of just compensation and subject to
procedural requirements of Oregon law
Section 4. That the Deschutes County Road Depaitinent, the Deschutes County Legal Department, and
the Oregon Department of Transportation are 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 5. This resolution shall take effect immediately upon passage.
PAGE 1 OF 2 — RESOLUTION NO. 2018-040
Dated this of, 2018 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTE
azt
Recording Secretary
PAGE 2 OF 2 — RESOLUTION NO. 2018-040
ANTHONY DeBONE, Chair
PHI IP\G. HEDERSON, Vice Chair
T IVIY
/14
.A EY, Cor issioner
EXHIBIT A
SE1 /4 SECTION 31, TOWNSHIP 16 SOUTH, RANGE 21 EAST, WILLAMETTE MERIDIAN
1
8TH STREET (VAC.)
K/ne LLC, an Oregon /imlted, I
O 1 //ablil/ty company 1. I i
2017-043922 ---.-1 1 ,y'
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9TH STREET
(VAC.)
ACTIVE DRAWING
TN/S DRAWING SNOWS 7NE PROPOSED
R/W NEEDED TO RE ACQUIRED TO
SUPPORT 771E PROJECT DESIGN
SUBJECT TO CHANGE i
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
ENG/NEER/NG
SKETCH MAP
SECTION
US20 AT TUMALO
SCALE
1"= 100'
HIGHWAY
BEND -SISTERS HIGHWAY
DATE
JULY, 2018
COUNTY
DESCHUTES COUNTY
FILE
9446001
PURPOSE
SKETCH MAP
TES
LI/
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 October 3, 2018
DATE: September 27, 2018
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Resolution No. 2018-040, a Resolution to Acquire Right of Way for
Construction of Road Improvements on US 20 and O.B. Riley Road
RECOMMENDATION & ACTION REQUESTED:
Motion and approval of Resolution No. 2018-040, a Resolution to Acquire Right of Way for
Construction of Road Improvements on US 20 and O.B. Riley Road
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners entered into Agreement #2018-072 with the Oregon
Department of Transportation (ODOT) for the US 20 at Tumalo project on July 2, 2018. The
project includes improvement of the intersection of US 20, O.B. Riley Road, and Cook Ave.
Adoption of Resolution No. 2018-040 will authorize ODOT, Road Department, and Legal
Department to negotiate with the owners of adjoining properties for the property 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.
ATTENDANCE: Cody Smith, County Engineer (Request Consent Agenda)