2020-81-Resolution No. 2020-009 Recorded 2/27/2020Recorded in Deschutes County
REVIEWED Nancy Blankenship, County Clerk C`12�2��8�
Commissioners' Journal 02/27/2020 3:24:10 PM
LEGAL COUNSEL ses
2020-81
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Acquire Right of Way on
Tumalo Rd and Tumalo PI for Construction of RESOLUTION NO. 2020-009
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 Tumalo Rd
and Tumalo PI; 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 Tumalo Rd and Tumalo PI, 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.2020-009
Dated this day of �� h°'� 20 -20. BOARD OF COUNTY COMMISSIONERS
OFf, ESCHUTES COUNTY, OREGON
i
PATTI ADAIR, Chair
Qlsl�' - C L. _a
ATTEST:
'�t'�L
Recording Secretary
PAGE 2 of 2 - RESOLUTION NO.2020-009
ANTHONY DEBONE, Vice Jair
PHILIP G. HEN RSON, Commissioner
d,,
w'2 ROAD
DEPARTMENT
TUMALO RD/TUMALO Pl.
INTERSECTION IMPROVEMENT
RIGHT OF WAY ACQUISITIONS
UPDATED: FEBRUARY 20, 2020
EXHIBIT "A" - PAGE 1 OF 1
ES CMG
2
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 February 26, 2020
DATE: February 20, 2020
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2020-009, a Resolution to Acquire
Right of Way for Construction of Road Improvements on Tumalo Rd and Tumalo PI
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Resolution No. 2020-009.
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 Tumalo Rd and Tumalo PI. 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. 2020-009 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)