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2020-82-Resolution No. 2020-008 Recorded 2/27/2020IRE,VIEWED Recorded in Deschutes County CJ2020-82 Nancy Blankenship, County Clerk � Commissioners' Journal 2/27/2020 3:24:20 PM LEGAL COUNSEL *v�E CO ` 2020-82 Tw..e BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution to Acquire Right of Way on Old Bend Redmond Hwy and Tumalo Rd for RESOLUTION NO. 2020-008 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 Old Bend Redmond Hwy and Tumalo Rd; 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 Old Bend Redmond Hwy and Tumalo Rd, 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.2020-008 Dated this -XI day of t-69 0-2,6. BOARD OF COUNTY COMMISSIONERS _7 1OF DESCHUTES COUNTY, OREGON ATTEST: f R ording Secretary PAGE 2 of 2 — RESOLUTION NO.2020-008 e „ai F a Y PATTI ADAIR, Chair ANTHONY DEBONE, Vic hair PHILIP G. HT ERSON, Commissioner ROAD DEPARTMENT OLD BEND REDMOND HWY/TUMALO RD INTERSECTION IMPROVEMENT RIGHT OF WAY ACQUISITIONS UPDATED: FEBRUARY 20, 2020 LEGEND Right-of-way Dedication Temporary Construction Easement EXHIBIT "A" - PAGE 1 OF 1 E S CMG QJ o c 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 February 26, 2020 DATE: February 20, 2020 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution No. 2020-008, a Resolution to Acquire Right of Way for Construction of Road Improvements on Old Bend Redmond Hwy and Tumalo Rd RECOMMENDATION & ACTION REQUESTED: Motion for approval of Resolution No. 2020-008. 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 Old Bend Redmond Hwy and Tumalo Rd. The report identified a preferred conceptual plan for the intersection that included construction of a roundabout. 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 60 percent complete, and general information notices regarding right of way acquisitions have be mailed to affected adjacent property owners. Adoption of Resolution No. 2020-008 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 Board of County Commissioners upon completing negotiations with property owners. ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA)