2019-307-Resolution No. 2019-036 Recorded 7/16/2019A Resolution to Acquire Right of Way on SW
Canal Blvd and SW Helmholtz Way for RESOLUTION NO. 2019-036
Construction of Road Improvements
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 SW Canal
Blvd and SW Helmholtz Way; 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 SW Canal Blvd and SW Helmholtz Way, 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 and the Deschutes County Legal
Department 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 4. This resolution shall take effect immediately upon passage.
PAGE 1 of 2 — RESOLUTION NO. 2019-036
Recorded in Deschutes County CJ2O19-3O7
REVIEWED
Nancy Blankenship, County Clerk 07/16/2019 2:24:45 PM
rn
Commissioners' Journal
UNSEL
LEGAL COUNSEL
`�`�,J'CfS.��G2< 1111111 111111111111111111111111
2019-307
BEFORE THE BOARD OF COUNTY
l
COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Acquire Right of Way on SW
Canal Blvd and SW Helmholtz Way for RESOLUTION NO. 2019-036
Construction of Road Improvements
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 SW Canal
Blvd and SW Helmholtz Way; 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 SW Canal Blvd and SW Helmholtz Way, 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 and the Deschutes County Legal
Department 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 4. This resolution shall take effect immediately upon passage.
PAGE 1 of 2 — RESOLUTION NO. 2019-036
Dated this - .12�1 day of July, 2019
ATTEST:
Recording Secretary
PAGE 2 OF 2 — RESOLUTION NO. 2019-036
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OR GON
en
r
a
PHILIP G. H DERSON, Chair
PATTI ADAIR, Vice Chair
J 1-1
,h 7
ANTHONY DEBONE, Commissioner
FILE 003 -YOUNG
TAX LOT 303
-1 INTERSECTION IMPROVEMENT
RIGHT OF WAY ACQUISITIONS
UPDATED: JULY 3, 2019
FILE #
TAX LOT
OWNER
ACQUISITION AREA (ACRE)
TEMPORARPE R/W um
EASEMENT EAEl S MENT DEDICATION
001
1513310000300
LOCHNER
0.12 0.04 -
002
1513310000301
BURDICK
0.09 - 0.11
003
1513310000303
YOUNG
- 0.04
004
151236DO03100
WOODS
0.03
RESOLUTION 2019-036
EXHIBIT A - PAGE 1 OF 1
ES c�G
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o 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 BOCC Wednesday Meeting of July 10, 2019
DATE: July 3, 2019
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2019-036, a Resolution to Acquire
Right of Way for Construction of Road Improvements on SW Canal Blvd and SW Helmholtz
Way
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2019-036, a Resolution to Acquire Right of Way for
Construction of Road Improvements on SW Canal Blvd and SW Helmholtz Way
BACKGROUND AND POLICY IMPLICATIONS:
In 2016, Road Department commenced a Road Safety Audit for the corridor including SW
Canal Blvd, Old Bend -Redmond Hwy, Tumalo Rd, and Deschutes Market Rd. In August
2017, the road safety audit report, summarizing the audit findings and recommendations, was
finalized. The report provided analysis and conceptual design for improvements at five
intersections along the corridor, including the intersection of SW Canal Blvd and SW Helmholtz
Way. The report identified a preferred conceptual plan for the intersection that included
constructing a left turn lane for northbound SW Canal Blvd and removing clear zone
obstructions.
Department staff presented the report and conceptual plans to the Board at their August 23,
2017 work session meeting, during which the Board expressed positive comments for the
recommended conceptual plans. An open house event was held on October 11, 2017, at the
Pleasant Ridge Community Hall to present the conceptual plans to the public and obtain public
feedback. Public comments were generally supportive of the recommended conceptual plan.
The Board approved Contract No. 2017-663 with Parametrix, Inc. on November 6, 2017 to
provide engineering. utility coordination, and right of way services for the preferred conceptual
plan. The project construction plans are 90 percent complete, and the Road Department is
currently coordinating with impacted utilities to relocate their facilities within the project limits.
Adoption of Resolution No. 2019-036 will authorize 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 the Board of County Commissioners upon completing negotiations
with property owners.
ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA)